Reporting a Parent for Cutting Off a Household's Water

Q: Is a person's identity kept confidential after they report suspected child abuse in California?

The identity of a person who reports suspected child abuse is generally confidential and disclosed only to specified agencies and persons, or by court order. That protection has enumerated exceptions, however, and it is not an absolute guarantee in every circumstance.

Q: What generally counts as "child endangerment" under California law?

California law makes it a crime to willfully cause or permit a child to suffer, or to be placed in a situation where the child's person or health is endangered. Whether specific conduct meets that standard depends heavily on the facts, including its severity, duration, and willfulness.

Q: Is it legal in California to secretly record a family member to gather evidence?

Usually not. California Penal Code § 632(a) makes it a crime to record a "confidential communication" without the consent of every party, punishable by a fine of up to $2,500 per violation, up to one year in county jail, or both. California Penal Code § 633.5 permits recording only to gather evidence of a short list of offenses — extortion, kidnapping, bribery, a felony involving violence against the person, a violation of § 653m, or domestic violence as defined in § 13700. Penal Code § 632(d) also excludes such a recording from evidence, though People v. Guzman (2019) 8 Cal.5th 673 held that exclusion no longer applies in criminal proceedings.

Question

A few days ago, the city performed maintenance that temporarily shut off our water. Water service was restored later that day, and it briefly remained on until my father arrived home. After he came home, the water was “mysteriously” shut off, leaving my minor brother, who has special needs, without water for the entire night. The next morning, I awoke after hearing my father using water to shower. This was unusual since the water had been off all night. Immediately after he left the house, I became suspicious he was responsible for shutting off the water because he had done it before. I observed my father stop his car near the street water valve, step out, walk toward it, and begin tampering with it. I then heard the valve leaking immediately after he touched it. He said aloud, “We’re going to have to turn it off”—falsely justifying shutting off the water because of the leak he caused himself. It is illegal to tamper with a street water valve in San Diego. This has been part of a repeated pattern of shutting off utilities in the household. That morning, I recorded him admitting on video: “Ahorita llegué y no había agua. Dije, ah cabrón, le prendí poquito y tomé un shower, voy a tener que cerrarla otra vez” (Translation: “I arrived, and there was no water. I said, ‘ah, damn,’ turned it on a little, showered, and now I’ll have to turn it off again”). This video shows that he turned the valve on, used the water, and then shut it off. His statement, “cerrarla otra vez” (“turn it off again”), proves he had previously shut off the water. Minutes later, I filmed him turning the water off and mockingly taunting me to call the police. Earlier that morning, my father texted my sister asking, “Did you guys close the key to the water?” My sister, who had been away, responded, “No? There is no water?” He then lied, replying shortly after, “They left the street water valve off because it had a leak. I turned it on to shower, but someone else turned it off again.” My video footage proves this was false. He sent this text before turning off the water, demonstrating his intent to cover up his actions and blame others. This is the second time I have caught him tampering with the street water valve. His actions have repeatedly deprived my brother of water and left him in unsafe conditions. My father’s behavior also aligns with a pattern of utility

A. Jason Velez · Accepted Answer

You can report what you describe to police or to child welfare yourself — you do not need to be a mandated reporter to do it, and repeatedly shutting off a household's water so a special-needs minor goes without it overnight is exactly the kind of conduct a child endangerment investigation exists to evaluate.

California Penal Code § 273a makes it a crime to willfully cause or permit a child to suffer, or to be placed in a situation where the child's person or health is endangered. Whether repeated utility shutoffs reach that level depends on the specific facts — the child's age and needs, how long each deprivation lasted, and whether the conduct was genuinely willful rather than accidental. That is a judgment for an investigator to make on the whole record, not something the video settles on its own.

Before you report, one premise in your write-up needs correcting. California Penal Code § 498(b) is a utility-theft statute: it reaches tampering only when it is done "with intent to obtain for himself or herself utility services without paying the full lawful charge therefor," to enable another person to do so, or to deprive the utility of its charge. Shutting off water your own household pays for is the opposite of that, so a complaint framed as a § 498(b) violation will be closed. The provision that actually fits the valve is local: San Diego Municipal Code § 67.0213(c) makes it unlawful "to operate or tamper with a City water control valve of any type without authorization of the Department." Report the valve tampering to the city Public Utilities Department under that section, and keep the child-endangerment concern on its own track with police or child welfare.

A second caution, and this one is about you rather than your father. California requires the consent of every party to record a private conversation. Under California Penal Code § 632(a), intentionally using a recording device to record a "confidential communication" without the consent of all parties is punishable by a fine of up to $2,500 per violation, up to one year in county jail, or both. Section 632(c) defines a confidential communication as one carried on in circumstances reasonably indicating that a party wants it confined to the parties — which is ordinarily how a conversation inside the home is treated. Your 11:45 AM recording of your father's admission is squarely the kind of recording that language reaches; the 11:47 AM clip taken outdoors at the street valve is a closer call. California Penal Code § 633.5 carves out a narrow exception for recording to gather evidence of extortion, kidnapping, bribery, a felony involving violence against the person, a violation of § 653m, or domestic violence as defined in California Penal Code § 13700 — but § 13700 reaches spouses, dating partners, and cohabitants, which it defines as two unrelated adults, so it does not cover a parent and his child. Do not assume that exception protects you.

On what can be done with the recordings, be precise. California Penal Code § 632(d) says evidence obtained by recording a confidential communication in violation of the section "is not admissible in any judicial, administrative, legislative, or other proceeding." That is no longer the whole story in criminal court. In People v. Guzman (2019) 8 Cal.5th 673, the California Supreme Court held that "to the extent section 632(d) demanded the suppression of relevant evidence in a criminal proceeding, it was abrogated when the voters approved Proposition 8." So a prosecutor could still use your video against your father, while § 632(d) continues to exclude it in civil and administrative proceedings. What Guzman does not touch is your own exposure under § 632(a). Tell the officer or attorney you speak with exactly how each recording was made, and let them decide what to do with it before you hand it over or post it anywhere.

California's Child Abuse and Neglect Reporting Act requires designated "mandated reporters" — teachers, health care providers, and similar professionals — to report known or reasonably suspected abuse or neglect under California Penal Code § 11166. As a family member reporting in a private capacity, you are not a mandated reporter, so nothing legally requires you to report. The same statute expressly permits any person to report, so that route is fully open to you.

One important caution. California Penal Code § 11167(d) provides that a reporter's identity is confidential and disclosed only among specified agencies and persons, or by court order. That protection is subject to enumerated exceptions, and it does not come with a guaranteed remedy if it is ever breached. All Angels Preschool/Daycare v. County of Merced (2011) 197 Cal.App.4th 394 makes both halves of that concrete. It is a published California Court of Appeal decision, so it binds California trial courts. The court held that § 11167(d)(1) imposes a mandatory duty that the reporter's identity remain confidential — disclosable only to the agencies and persons the statute lists, on the reporter's own waiver, or by court order — and that breaching it is a misdemeanor under California Penal Code § 11167.5(a). But when a county employee disclosed a reporter's identity to the accused parent and the reporter lost his preschool income as a result, the court still affirmed dismissal of his damages claim against the county, reasoning that the confidentiality rule was enacted to encourage reporting rather than to protect reporters from harm. Treat confidentiality as the rule rather than a guarantee, and plan as if the report could eventually become known.

What you can do

1. If your brother is in immediate danger, call 911 right away. 2. Otherwise, report what you have documented to your local police non-emergency line or to your county's child welfare agency. 3. Preserve your video and text-message evidence exactly as recorded — do not edit or re-save it in a way that could raise authenticity questions — but tell the officer or attorney that the recordings were made without your father's knowledge, and get advice on California Penal Code § 632 before you share or post them. 4. Write a clear, dated timeline of the pattern you describe, including the incidents where you have no video. 5. Ask the agency you report to what confidentiality protections apply and what to expect next, so you are not surprised later.

Reporting a Parent for Cutting Off a Household's Water

Start a free AI-assisted chat and connect with an experienced California attorney, with no obligation.

Legal Inquiry

Courts & Legal Aid in California

Frequently Asked Questions