California Code, Penal Code - PEN § 11165.5

As used in this article, the term “abuse or neglect in out-of-home care” includes physical injury or death inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1 , neglect as defined in Section 11165.2 , unlawful corporal punishment or injury as defined in Section 11165.4 , or the willful harming or injuring of a child or the endangering of the person or health of a child, as defined in Section 11165.3 , where the person responsible for the child's welfare is a licensee, administrator, or employee of any facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency. “Abuse or neglect in out-of-home care” does not include an injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer.


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