Visual Inspection of Children
0070-531.10 | Revision Date: 2/22/2024

Overview

This policy reviews how to conduct a visual inspection of a child, which includes the removal or adjustment of clothing in accordance with best social work practices, as well as, state and federal legal requirements.

Table of Contents

Version Summary

This policy guide was updated from the 07/07/22 version to provide detailed guidance for CSWs when conducting a visual inspection.

POLICY

When Should a CSW Visually Inspect a Child?

CSWs of all functions need to conduct visual inspections of a child during visits, paying particular attention when any of the following are present:

  • The child presents with visible injuries;
  • Concerns of physical abuse;
  • Concerns of neglect resulting in failure to thrive or malnutrition;
  • Concerns of medical neglect of certain conditions;
  • Concerns of self-injury and/or suicidal ideation; and/or;
  • Any other allegation, aside from sexual abuse or exploitation, which may create physical evidence on a child’s body.
  • The child is age 0 to 36 months

If a CSW deems that a medical examination of the child’s reported injuries is necessary, they should consider whether or not visual inspection of the child via rearranging clothing or disrobing is necessary. If the medical examination is to take place immediately, (preferably at a Medical Hub), rearranging the child’s clothing may be redundant and may cause unnecessary distress to the child.

If there are allegations of malnutrition, the child being under weight, suspicion of failure to thrive, and/or allegations that the child is not being fed enough, the CSW should conduct an immeidate visual inspection to assess the child’s physical condition. It is particularly critical that this be done for children 0-36 months of age, including allegations of physical abuse. The CSW should immediately submit a referral for consultation to utilize the in-office Public Health Nurse (PHN) to obtain recommendations, resources, and other professional opinions to address the appropriateness of a referral to the Medical Hub for medical assessment.

For allegations and/or suspicions of sexual abuse or exploitation, the CSW must immediately submit a referral for a forensic evaluation at a Medical Hub. The Medical Hub forensic practitioner will determine whether a forensic evaluation is needed and the timing of the evaluation. The CSW is not to disrobe or rearrange the clothing on children with these allegations.

Disrobing/Rearranging Clothing

Depending on the age of the child, a visual inspection of a child may necessitate having the child or the parent/legal guardian rearrange a child’s clothing or disrobe. Whenever possible, have the non-offending parent/legal guardian assist with rearranging/disrobing of the child’s clothing.

Before conducting a visual inspection of any child, it is important to talk to the child and make sure they understand the need for the disrobing or rearranging of clothing, and are comfortable with it. If the child reports that they are not comfortable, this should be documented. Since non-verbal children cannot consent to having their clothing rearranged or being disrobed, CSWs are to seek the parent/legal guardian/caregiver’s consent.

Infants and toddlers are an especially vulnerable group who need thorough visual inspections during every CSW contact.  CSWs of all functions should consider the following when given consent to assess children aged 0-36 months: have the parent/legal guardian conduct a diaper change, consider disrobing the child to observe their back, their buttocks, their legs, arms, and ears.  Hold and interact with the child to observe their weight and body control while assessing their developmental progress.  CSWs should discuss their assessments of children aged 0-36 months with their SCSW, and if needed a PHN.  Additionally, CSWs must appropriately document their findings in a detailed manner, including what parts of the body were observed, while also documenting that consent was acquired from the child’s parent/legal guardian. 

The process of rearranging clothing or disrobing any child under five (5) years of age must stop if the child appears to be uncomfortable and/or says “no.” If this occurs, ask if the parent or caregiver will take the child to a HUB/medical facility for an examination; the CSW can accompany them. If the parent/legal guardian does not consent to this, consult with County Counsel to determine whether exigent circumstances exist or if a court order is necessary for visual inspection, rearranging, and/or disrobing of a child.

Any child nearing puberty or older (i.e. a child who is nearing physical, emotional and/or psychological maturity) should not be disrobed or be asked to disrobe by the CSW. An alternative for children of this age is to ask for their consent to a limited visual inspection, which can consist of them rearranging their clothing, e.g., raising shirt sleeves or pant legs and/or changing into active wear, e.g., a short-sleeved shirt or shorts.

If the CSW is the person having the child or the parent/legal guardian rearrange a child’s clothing or disrobe a child five (5) and under, the CSW must have an adult witness. A parent/legal guardian qualified as an adult witness.

The CSW should assess whether or not they need to have the child or parent/legal guardian disrobe or rearrange the clothing of the child during face-to-face visits and/or whether a referral to the medical Hub for a forensic and/or medical examination/assessment is more appropriate.

For allegations and/or suspicions of sexual abuse or exploitation, the CSW is not to disrobe or rearrange the child’s clothing. The CSW must immediately submit a referral for a forensic evaluation at a Medical Hub. The Medical Hub forensic practitioner will determine whether a forensic evaluation is needed and the timing of the evaluation.

Law enforcement may not be present if the visual inspection will take place after the initial ER contact with the family.

Disrobing/rearranging of clothes may take place as follows:

Children 0-36 months and 3-5 years old
  • The child may be disrobed except that the genitals will remain covered.
  • If the parent/legal guardian consents, the CSW may observe the parent/legal guardian changing the child’s diaper, which may expose the child’s genitals.
  • With consent, the CSW may also conduct an interview of the child outside the presence of the parent/legal guardian.
  • For children who are under court supervision and placed with a relative, family friend, resource family, adoptive parent, or foster parent, that individual may disrobe the child and the CSW may observe a diaper change and conduct an interview.
  • The child may not be disrobed when the child is in the care of a day care center, pre-school, and babysitter.
  • If the parent/legal guardian leaves their child with a person for an extended period of time (at least 24 hours) and entrusts that person with parental like duties and responsibilities, then that person may consent to the CSW rearranging clothing/disrobing the child.
Children age 6-11
  • No disrobing.
  • The parent/legal guardian or child may rearrange the child’s clothing to show the legs, arms, back, thighs, buttocks, and stomach.
  • With consent, the CSW may also conduct an interview of the child outside the presence of the parent/legal guardian.
  • For children who are under court supervision and placed with a relative, family friend, resource family, adoptive parent, or foster parent, the child‘s clothing may be rearranged by that individual and the CSW may conduct an interview.
  • The child’s clothing may not be rearranged when the child is in the care of a day care center, pre-school, and babysitter.
  • If the parent/guardian leaves their child with a person for an extended period of time (at least 24 hours) and entrusts that person with parental like duties and responsibilities, then that person may consent to the CSW rearranging clothing/disrobing the child.
Children age 12-17
  • No disrobing.
  • The child’s clothing may be rearranged to show the legs, arms, back, thighs, buttocks, and stomach.
  • The child should rearrange their own clothing. Not the CSW. If the child is unable to rearrange their own clothing due to physical and/or developmental delays/challenges, please consult with county counsel on how to best proceed.
  • The child may object to rearranging their clothing. If the child objects, the child does not need to arrange their clothing.
  • With consent, the CSW may also conduct an interview of the child outside the presence of the parent/legal guardian.
  • For children who are under court supervision and placed with a relative, family friend, resource family, adoptive parent, or foster parent, the child may consent to rearranging their clothing and the CSW may conduct an interview.
  • The child’s clothing may not be rearranged when the child is in the care of a day care center and babysitter.
  • If the parent/guardian leaves their child with a person for an extended period of time (at least 24 hours) and entrusts that person with parental like duties and responsibilities, then that person may consent to the CSW rearranging clothing/disrobing the child.

Documentation

Any time marks or bruises are observed and/or when investigating physical abuse allegations, the CSW must complete the DCFS 550 Body Chart form, in its entirety, according to the instructions on the form. The completed Body Chart form must be placed in the child’s physical case file. CSWs are encouraged to upload a legible DCFS 550 Body Chart Form to the Green Folder in CWS/CMS. Uploading the DCFS 550 Body Chart Form in CWS/CMS is not a substitute for documenting written details in the CWS/CMS Delivered Services Log. Additionally, a consult or conversation with the SCSW will assist in dialogue around assessing physical abuse indicators, even in situations where physical abuse was not initially suspected, not part of an allegation, or not the reason for an open case.

Authorization Required to Disrobe/Rearrange Clothing

A CSW must have one of the following to have the child or the parent/legal guardian rearrange a child’s clothing or disrobe a child when investigating allegations of physical harm to the child or any other situation where there may be physical evidence on a child’s body:

  • Exigent circumstances (the bruises, scratches, redness, marks, blood will dissipate in the time it will take to get a court order)
  • Consent
  • Court order

Exigent Circumstances

  • The CSW can have the child or the parent/legal guardian rearrange a child’s clothing or disrobe a child if the facts support reasonable belief that the child requires immediate medical attention and the CSW does not have time to get an order/warrant because the emergency nature of the situation places the child at immediate risk of physical harm (e.g. the child complains of pain or injury and/or there are visual clues that a serious injury exists).
  • If the child’s parent or legal guardian prevents the CSW from examining the child despite exigent circumstances, the CSW should call law enforcement for assistance. The CSW should not leave the child alone in the home if the child is in danger.
  • Facts that establish exigent circumstances for a visual inspection of the child must be documented within three (3) business days.
  • The CSW should inform the SCSW of the situation and determine the best course of action. If exigent circumstances support a detention, (separate and apart from the exigent circumstances that might exist to visually inspect a child, rearrange a child’s clothing and/or disrobe a child), the CSW should proceed accordingly.
  • The parents/legal guardians must be asked to give consent (verbal or written) each time (freely, voluntarily, and knowingly) for the visual inspection and any interviews of the child outside the presence of the parents/legal guardians.
  • The CSW must never coerce, threaten, or force consent from the child and parent/legal guardian.
  • The child and parent/legal guardian may withdraw or limit their consent at any time.
  • A child twelve (12) years of age or older, who is a suspected victim of abuse or neglect, and who, in the opinion of the CSW, is mature to understand the purpose of the interview, can consent to a limited visual inspection by a CSW. Conversely, a child twelve (12) or older may overrule a parent/legal guardian's consent for disrobing.
  • For suspected victims of physical abuse, a parent/legal guardian’s objection would overrule the child’s desire to show injuries. However, assess for exigent circumstances in this situation.
  • If consent is given for a visual inspection in the child or parent’s/legal guardian’s home, the CSW should ask the non-offending parent/legal guardian (when possible) to rearrange the child’s clothing, disrobe the child, or request that the child do it themselves.
  • If during an interview, without any prompting from the CSW, a child under (12) twelve years of age spontaneously removes or adjusts clothing, the CSW must take note of any marks or bruises which are plainly visible (by completing the DCFS 550 body chart and documenting in CWS/CMS within three (3) business days), but the CSW cannot encourage a child to remove and/or adjust clothing to enhance a visual inspection without valid consent.
  • If a parent/legal guardian is not willing to consent to a visual inspection by a CSW, as an alternative, the CSW can ask if the parent/legal guardian is willing to bring the child to a Hub/medical facility for an examination and whether the CSW can accompany them.
  • For allegations and/or suspicions of sexual abuse or exploitation, the CSW is not to disrobe or rearrange the child’s clothing. The CSW must immediately arrange for a forensic exam by a medical practitioner to take place as soon as possible.

Court Order

  • If a CSW does not have consent or exigent circumstances to support a visual inspection of the child, a search warrant will be required before the CSW may conduct such an inspection. The visual inspection is limited to rearranging the child’s clothing as indicated in the search warrant.
  • The CSW cannot take pictures of the child’s injuries unless it is permitted on the search warrant, which is indicated when the judge signs off on the “You Are Commanded to Search” section of the search warrant and/or a CSW may take pictures of injuries if the parent/legal guardian gives consent. CSWs must only use their County issued devices when taking pictures.
  • If a child needs non-emergency but necessary medical care before the detention hearing and is in temporary protective custody, the warrant desk may assist the CSW in obtaining an order for remedial medical care if the parent/legal guardian does not consent.

Disrobing/Rearranging Clothing

Depending on the age of the child, a visual inspection of a child may necessitate having the child or the parent/legal guardian rearrange a child’s clothing or disrobe. Whenever possible, have the non-offending parent/legal guardian assist with rearranging/disrobing of the child’s clothing.

Before conducting a visual insection of any child, it is important to talk to the child and make sure they understand the need for the disrobing or rearranging of clothing, and are comfortable with it. If the child reports that they are not comfortable, this should be documented. Since non-verbal children cannot consent to having their clothing rearranged or being disrobed, CSWs are to seek the parent/legal guardian/caregiver’s consent.

Infants and toddlers are an especially vulnerable group who need thorough visual inspections during every CSW contact.  CSWs of all functions should consider the following when given consent to assess children aged 0-36 months: have the parent/legal guardian conduct a diaper change, consider disrobing the child to observe their back, their buttocks, their legs, arms, and ears.  Hold and interact with the child to observe their weight and body control while assessing their developmental progress.  CSWs should discuss their assessments of children aged 0-36 months with their SCSW, and if needed a PHN.  Additionally, CSWs must appropriately document their findings in a detailed manner, including what parts of the body were observed, while also documenting that consent was acquired from the child’s parent/legal guardian. 

The process of rearranging clothing or disrobing any child under five (5) years of age must stop if the child appears to be uncomfortable and/or says “no.” If this occurs, ask if the parent or caregiver will take the child to a HUB/medical facility for an examination; the CSW can accompany them. If the parent/legal guardian does not consent to this, consult with County Counsel to determine whether exigent circumstances exist or if a court order is necessary for visual inspection, rearranging, and/or disrobing of a child.

Any child nearing puberty or older (i.e. a child who is nearing physical, emotional and/or psychological maturity) should not be disrobed or be asked to disrobe by the CSW. An alternative for children of this age is to ask for their consent to a limited visual inspection, which can consist of them rearranging their clothing, e.g., raising shirt sleeves or pant legs and/or changing into active wear, e.g., a short-sleeved shirt or shorts.

If the CSW is the person having the child or the parent/legal guardian rearrange a child’s clothing or disrobe a child five (5) and under, the CSW must have an adult witness. A parent/legal guardian qualified as an adult witness.

The CSW should assess whether or not they need to have the child or parent/legal guardian disrobe or rearrange the clothing of the child during face-to-face visits and/or whether a referral to the medical Hub for a forensic and/or medical examination/assessment is more appropriate.

For allegations and/or suspicions of sexual abuse or exploitation, the CSW is not to disrobe or rearrange the child’s clothing. The CSW must immediately submit a referral for a forensic evaluation at a Medical Hub. The Medical Hub forensic practitioner will determine whether a forensic evaluation is needed and the timing of the evaluation.

Law enforcement may not be present if the visual inspection will take place after the initial ER contact with the family.

Disrobing/rearranging of clothes may take place as follows:

Children 0-36 months and 3-5 years old

  • The child may be disrobed except that the genitals will remain covered.
  • If the parent/legal guardian consents, the CSW may observe the parent/legal guardian changing the child’s diaper, which may expose the child’s genitals.
  • With consent, the CSW may also conduct an interview of the child outside the presence of the parent/legal guardian.
  • For children who are under court supervision and placed with a relative, family friend, resource family, adoptive parent, or foster parent, that individual may disrobe the child and the CSW may observe a diaper change and conduct an interview.
  • The child may not be disrobed when the child is in the care of a day care center, pre-school, and babysitter.
  • If the parent/legal guardian leaves their child with a person for an extended period of time (at least 24 hours) and entrusts that person with parental like duties and responsibilities, then that person may consent to the CSW rearranging clothing/disrobing the child.

Children age 6-11

  • No disrobing.
  • The parent/legal guardian or child may rearrange the child’s clothing to show the legs, arms, back, thighs, buttocks, and stomach.
  • With consent, the CSW may also conduct an interview of the child outside the presence of the parent/legal guardian.
  • For children who are under court supervision and placed with a relative, family friend, resource family, adoptive parent, or foster parent, the child‘s clothing may be rearranged by that individual and the CSW may conduct an interview.
  • The child’s clothing may not be rearranged when the child is in the care of a day care center, pre-school, and babysitter.
  • If the parent/guardian leaves their child with a person for an extended period of time (at least 24 hours) and entrusts that person with parental like duties and responsibilities, then that person may consent to the CSW rearranging clothing/disrobing the child.

Children age 12-17

  • No disrobing.
  • The child’s clothing may be rearranged to show the legs, arms, back, thighs, buttocks, and stomach.
  • The child should rearrange their own clothing.  Not the CSW.  If the child is unable to rearrange their own clothing due to physical and/or developmental delays/challenges, please consult with county counsel on how to best proceed.
  • The child may object to rearranging their clothing. If the child objects, the child does not need to arrange their clothing. 
  • With consent, the CSW may also conduct an interview of the child outside the presence of the parent/legal guardian.
  • For children who are under court supervision and placed with a relative, family friend, resource family, adoptive parent, or foster parent, the child may consent to rearranging their clothing and the CSW may conduct an interview.
  • The child’s clothing may not be rearranged when the child is in the care of a day care center and babysitter.
  • If the parent/guardian leaves their child with a person for an extended period of time (at least 24 hours) and entrusts that person with parental like duties and responsibilities, then that person may consent to the CSW rearranging clothing/disrobing the child.

Documentation

  • Any time marks or bruises are observed and/or when investigating physical abuse allegations, the CSW must complete the DCFS 550 Body Chart form, in its entirety, according to the instructions on the form. The completed DCFS 550 Body Chart form must be placed in the child’s physical case file. CSWs are encouraged to upload a legible DCFS 550 Body Chart form to the Green Folder in CWS/CMS. Uploading the DCFS 550 Body Chart in CWS/CMS is not a substitute for documenting written details in the CWS/CMS Delivered Services Log. Additionally, a consult or conversation with the SCSW will assist in dialogue around assessing physical abuse indicators, even in situations where physical abuse was not initially suspected, not part of an allegation, or not the reason for an open case.
  • The CSW may take pictures of physical injuries if the parent/legal guardian gives consent, aside from sexual abuse and exploitation.

Taking Photographs of Injuries

The CSW may take pictures of injuries if the parent/legal guardian gives consent.  If there is no consent from the parent/legal guardian (and caretaker in some situations, see below), the CSW will need either a court order, exigent circumstances (the bruises, scratches, redness, marks, blood will dissipate in the time it will take to get a court order), or the injuries are in plain view and the child is in a public space.

CSW’s must not take pictures of a child’s genitals. If the CSW learns of photos of genitals that reportedly show sexual/physical abuse (i.e. photographs taken by parents/legal guardians or relatives to document abuse), the CSW must work with law enforcement and sexual/physical abuse forensic teams to make sure they receive the photographs in a legally appropriate manner.

Photographs of injuries must be stored on the employee’s county cellphone and uploaded only to the DCFS cloud. Hard copies must be printed and filed. CSWs must use their County cellphone when taking pictures. Personal cellphone use runs the risk of uploading sensitive and/or confidential information to the CSW’s personal iCloud. Any pictures on a personal cellphone would be subject to a public record request.  When a County issued cellphone is unavailable, a discussion with a supervisor must be had to determine an appropriate course of action. Document discussion with SCSW in CWS/CMS.

Children 0-36 months, 3-5 years old & 6-11 years old

For children who are under court supervision and placed with a relative, family friend, resource family, adoptive parent, or foster parent, that individual may consent to the CSW photographing the child.  However, when the child is in the care of a day care center, pre-school and babysitter, such that the person providing care is doing so on a temporary basis and is not entrusted by the parent/legal guardian with parental like duties and responsibilities, that individual or center may not give consent, thus the CSW will need either a court order, exigent circumstances, the injuries are in plain view and the child is in a public space, or the consent of the parent/legal guardian.   If however, the parent/legal guardian leaves their child with a person for an extended period of time (at least 24 hours) and entrusts that person with parental like duties and responsibilities, then that person may consent to the CSW photographing the child. 

Children age 12-17

The child must give consent.  If there is no consent from the child, the CSW will need either a court order, exigent circumstances, the injuries are in plain view and the child is in a public space, or the consent of the parent/legal guardian.
PROCEDURE

Conducting a Visual Exam of the Child

ER/CS/DI CSW Responsibilities

  1. CSWs of all functions need to conduct visual inspections of a child during visits, paying particular attention when any of the following are present:
    • The child presents with visible injuries; 
    • Concerns of physical abuse; 
    • Concerns of neglect resulting in failure to thrive or malnutrition; 
    • Concerns of medical neglect of certain conditions; 
    • Concerns of self-injury and/or suicidal ideation; and/or 
    • Any other allegation, aside from sexual abuse or exploitation, which may create physical evidence on a child’s body.
    • The child is age 0 to 36 months
  2. If it is determined that a visual inspection of the child will occur, ensure that one of the following criteria is met:
    1. Exigent circumstances exist; or,
    2. Consent has been obtained from the parent or legal guardian.
      1. If a child is a dependent of the Court, in out of home care, and the CSW is investigating allegations of physical abuse and/or malnutrition/medical neglect, consent of the parents/legal guardians and/or caregivers is not required. However, if the child has been released to a parent/legal guardian, parental consent, a warrant, or exigent circumstances are still needed.
      2. If the child says no, the CSW must stop the inspection immediately.
      3. Youth twelve (12) or older may consent to a limited visual inspection and can overrule a parent/legal guardian’s consent for disrobing. For suspected victims of physical abuse, a parent’s objection would overrule the child’s desire to show injuries.
    3. A Court Order has been obtained.
      1. For assistance with this process, consult with SCSW, who may contact a Warrant Liaison and/or County Counsel, as necessary.
  3. When conducting or observing the rearranging or disrobing of a child’s clothing the CSW must remember the following:
    1. For children five (5) years of age and under, CSW must have an adult witness. (A parent/legal guardian qualifies as an adult witness).
    2. The name, address, and phone number of the witness and their relationship to the child must be documented on the DCFS 550 Body Chart form and on the CWS/CMS Delivered Services Log.
    3. Details noted on the DCFS 550 Body Chart form, including marks and bruises (i.e. location, color, relative size, etc.), must also be documented on the CWS/CMS Delivered Service Log.
    4. Any time that a child or parent/legal guardian is asked to disrobe or rearrange the clothing of a child, the reason for the visual inspection and a full description of the findings must be documented in the CWS/CMS Delivered Services Log.
    5. The site of an apparent physical injury must not be touched.
    6. The child’s genitalia, buttocks or breast must not be touched (Do not photograph the child’s genitalia).
    7. Children older than (3) three years old should never be totally unclothed.
    8. Undress only one area at a time.
    9. Do not have the child undress in front of anyone other than the adult witness and DCFS staff.
    10. Do not have the child disrobe or rearrange clothing on a video call. If disrobing or rearranging of clothing is required, a face-to-face visit must take place within twenty-four (24) hours. If a child discloses a mark or bruise on a video call, the CSW should ask follow up questions to determine if a face-to-face visit is required. A referral for a Forensic Evaluation should be submitted to the Medical Hub. The Medical Hub will determine whether an exam should take place and the timing of the exam.
    11. If marks/bruises are present and photos are necessary, a CSW may take pictures of injuries if the parent/legal guardian gives consent. (CSWs must use their County devices when taking pictures).
    12. Anytime a child/youth expresses being uncomfortable with the process, a CSW must stop the inspection immediately. This should be documented in the CWS/CMS Delivered Service Log.
  4. If marks or bruises are found on the child’s body, document their size, color, shape, etc. on the DCFS 550 and then determine:
    1. If medical assistance is necessary for the child, contact the Medical Hub to determine.
      • Whenever allegations of physical or sexual abuse of a child come to the attention of DCFS, as soon as practically possible, the CSW must submit a forensic referral. Consult with a Hub Medical provider (aka Specialist) who has specialized training in the detection and treatment of child abuse injuries and child neglect. It is the responsibility of the specialist to determine if a forensic evaluation is appropriate.
    2. Whether a detention is necessary to protect the child.
  5. Contact law enforcement for assistance if necessary.
  6. Document the following information in the CWS/CMS Delivered Services Log:
    1. Consent, court order, and/or the facts which establish exigent circumstances for a visual inspection of the child.
    2. The date, place, and reason for the inspection.
    3. Whether or not the child’s clothing was rearranged and/or if the child was disrobed and by whom.
    4. The name of the witness who was present during the inspection.
    5. The date on which the DCFS 550 was completed.
APPROVALS
None
HELPFUL LINKS

Forms

LA Kids

DCFS 550, Body Chart

Attachments

Visual Inspection Reference Guide
REFERENCED POLICY GUIDES

0070-524.10, Assessment of Failure to Thrive

0070-529.10, Assessing Allegations of Physical Abuse

0070-532.10, Assessing Allegations of Child Sexual Abuse

0070-548.20, Taking Children into Temporary Custody

0070-560.05, Joint Response Referral: Consulting with PHN

0070-570.10, Obtaining Warrants and/or Removal Orders

0600-500.00, Medical Hubs

STATUTES AND OTHER MANDATES

Penal Code Section 11165.3 - defines “the willful harming or injuring of a child or the endangering of the person or health of a child,” as a situation in which any person willfully causes or permits any child to suffer, or inflicts thereon, unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of the child to be placed in a situation in which the child's person or health is endangered.

Welfare and Institutions Code Section 300 (a) - states that “The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm inflicted non-accidentally upon the child by the child’s parent or guardian. For the purposes of this subdivision, a court may find that there is a substantial risk of serious future injury based on the manner in which a less serious injury was inflicted, a history of repeated inflictions of injuries on the child or the child’s siblings, or a combination of these and other actions by the parent or guardian which indicate the child is at risk of serious physical harm. For the purpose of this subdivision, “serious physical harm” does not include age-appropriate spanking to the buttocks where there is no evidence of serious physical injury.