This is the law in 1996
"SEC. 4. Section 11166.5 of the Penal Code is amended to read:
11166.5. (a) On and after January 1, 1985, any person who enters
into employment as a child care custodian, health practitioner,
firefighter, animal control officer, or humane society officer, or with
a child protective agency, prior to commencing his or her
employment, and as a prerequisite to that employment, shall sign a
statement on a form provided to him or her by his or her employer
to the effect that he or she has knowledge of the provisions of Section
11166 and will comply with those provisions."
and this the one effective now and they cite as base for their negligence claim
11166.5. (a) (1) On and after January 1, 1985, any mandated
reporter as specified in Section 11165.7, with the exception of child
visitation monitors, prior to commencing his or her employment, and
as a prerequisite to that employment, shall sign a statement on a
form provided to him or her by his or her employer to the effect that
he or she has knowledge of the provisions of Section 11166 and will
comply with those provisions. The statement shall inform the employee
that he or she is a mandated reporter and inform the employee of his
or her reporting obligations under Section 11166 and of his or her
confidentiality rights under subdivision (d) of Section 11167. The
employer shall provide a copy of Sections 11165.7, 11166, and 11167
to the employee."
They claim the law clearly says that the companies should have provided the employees with such documentation. They even highlight all the added sections as basis for their claim.
Now look who was classified s a "child care custodian"
For purposes of this section, ‘‘child care custodian’’ includes
teachers; an instructional aide, a teacher’s aide, or a teacher’s
assistant employed by any public or private school, who has been
trained in the duties imposed by this article, if the school district has
so warranted to the State Department of Education; a classified
employee of any public school who has been trained in the duties
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imposed by this article, if the school has so warranted to the State
Department of Education; administrative officers, supervisors of
child welfare and attendance, or certificated pupil personnel
employees of any public or private school; administrators of a public
or private day camp; administrators and employees of public or
private youth centers, youth recreation programs, or youth
organizations; administrators and employees of public or private
organizations whose duties require direct contact and supervision of
children and who have been trained in the duties imposed by this
article; licensees, administrators, and employees of licensed
community care or child day care facilities; headstart teachers;
licensing workers or licensing evaluators; public assistance workers;
employees of a child care institution including, but not limited to,
foster parents, group home personnel, and personnel of residential
care facilities; social workers, probation officers, or parole officers;
employees of a school district police or security department; any
person who is an administrator or a presenter of, or a counselor in,
a child abuse prevention program in any public or private school; a
district attorney investigator, inspector, or family support officer
unless the investigator, inspector, or officer is working with an
attorney appointed pursuant to Section 317 of the Welfare and
Institutions Code to represent a minor; or a peace officer, as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of
this code, who is not otherwise described in this section.
