I.
SCOPE
The Reporting Child
Abuse and Neglect Procedures (“Procedures”) apply to all UC San Diego students,
faculty, staff, Officials, Student Employees, and Volunteers, including those
working and or studying at UC San Diego Health. These Procedures set forth the
mandatory requirements under University Policy and California law that govern the reporting of
suspected cases of Child Abuse or Neglect.
II.
POLICY
SUMMARY
The
California Child Abuse and Neglect Reporting Act (“CANRA”) codified at
California Penal Code Sections 11164-11174.3 requires that employers of
Mandated Reporters (as defined in CANRA) promote the identification and
reporting of Child Abuse or Neglect. The governing policy is the University of
California – Reporting Child Abuse and Neglect Policy, and its related
Appendices. These Procedures serve as UC San Diego's implementing regulations.
III.
DEFINITIONS
For purposes of these
Procedures, the definitions in California Penal Codes Sections 11164-11174.3
apply. The definitions of Child, Child Abuse and Neglect Reporting Act, Child
Abuse or Neglect, Employee, Mandated Reporter, Mandated Reporter Categories,
Official, Senior Administrator, Student and Volunteer, are defined in the
University of California – Reporting Child Abuse and Neglect Policy and are
incorporated herein by reference. The following definitions also apply:
1.
Departments/Divisions/Schools/Units: Departments, Divisions,
Schools and Units, including Academic Departments
and Organized Research Units (ORU), or their
equivalent, within UC San Diego who are responsible for
executing the requirements of these Procedures under the oversight of the
Responsible Offices.
2.
Responsible
Offices: Academic
Personnel Services (APS), Campus Human Resources (CHR), Health Human Resources
(HHR) and the Student Employment Office (SEO) serve as the Responsible Offices and
shall ensure compliance with these Procedures and the University of
California – Reporting Child Abuse and Neglect Policy, and its related
Appendices.
3.
Student
Employee:
An individual for whom the University maintains student records and who is
enrolled in or registered with an academic program of the University and receives
compensation from the University as an Employee through the University's
payroll system.
4.
Youth
Program:
Any
event, operation, or endeavor operated, conducted, or organized by the
University that primarily serves a Child (or children) who are not University
students for a period of time during which parents or guardians are not
expected to be responsible for their care, custody, or control.
5.
Youth
Protection Program: UC San Diego's program to protect Children in activities administered
by UC San Diego.
IV.
RESPONSIBILITIES
A.
Mandated
Reporters
1. Identification of
Mandated Reporters
The Responsible Offices
will identify job classifications and or individual Employees and Student
Employees who are Mandated Reporters. Upon creation of a new position or
change to an existing job description, Responsible Offices shall determine
whether the job qualifies as a Mandated Reporter pursuant to the University of
California – Reporting Child Abuse and Neglect Policy and its related Appendices.
i.
Academic Employees:
APS
will create and maintain a list of jobs that qualify as Mandated Reporters with
input from the Departments/Divisions/Schools/Units. APS will utilize the University of
California – Reporting Child Abuse and Neglect Policy, and its related Appendices, to guide in the
identification of Mandated Reporters.
ii.
Campus Employees:
CHR
will create and maintain a list of jobs that qualify as Mandated Reporters with
input from the Departments/Divisions/Schools/Units. CHR will utilize the University of
California – Reporting Child Abuse and Neglect Policy, and its related Appendices, to guide in the identification
of Mandated Reporters.
iii.
Student Employees:
SEO
will create and maintain a list of jobs that qualify as Mandated Reporters with
input from the Departments/Divisions/Schools/Units. SEO will utilize the University of
California – Reporting Child Abuse and Neglect Policy, and its related Appendices, to guide in the
identification of Mandated Reporters.
iv.
UC
San Diego Health:
All
Employees (including Student Employees) and Volunteers in UC San Diego Health
Sciences and UC San Diego Health are designated as Mandated Reporters.
2. Notification to Individuals
who are Mandated Reporters
The Responsible Offices, with the assistance of the Departments/Divisions/Schools/Units,
must advise all current Mandated Reporters of the reporting requirements and
obtain their signatures on the Statement Acknowledging Requirement to Report
Child Abuse (CANRA Acknowledgment Form).
Upon determining that an existing Employee, Official or Volunteer
is a Mandated Reporter, but has not previously signed the CANRA Acknowledgement
Form, the Responsible Office, with the assistance of the Departments/Divisions/Schools/Units,
will advise the individual that they are a Mandated Reporter and secure their
signature on the CANRA Acknowledgment Form within thirty (30) calendar days of
the discovery.
Prior to, and as a condition of employment, promotion,
reclassification, position description revision, transfer, or the initiation of
any new Youth Program, the Responsible Office, with the assistance of the Departments/Divisions/Schools/Units,
will advise Employees who are Mandated Reporters of their reporting obligations
and obtain their signatures on the CANRA Acknowledgment Form.
All signed CANRA Acknowledgment Forms will be retained
electronically with CHR or HHR during the period of the Mandated Reporter's
employment or affiliation with the University, and thereafter consistent with the
University of
California Records Retention Schedule.
3. Required Training and Education
of Mandated Reporters
Mandated Reporters will
be assigned required CANRA-related training. Mandated Reporters are not
permitted to work with a Child until they have completed the assigned training.
The Responsible Offices will ensure that Employees complete the required
training annually.
Additional training may
be required and assigned as required by specific roles or programs.
The training may vary
based upon position assignment.
Mandated Reporters are
required to comply with the duties imposed by state law regardless of whether
they have been notified that they are a Mandated Reporter or have received
training from the University or any third party.
B.
Reporting
Requirements
A Mandated Reporter
must make three reports whenever they, in their professional capacity or within
the scope of their employment, observe or have a Reasonable Suspicion, as CANRA
defines that term, of Child Abuse or Neglect. These reports include making two
external reports and one internal report.
A Mandated
Reporter must immediately, or as soon as practicable:
1.
Call the Child Abuse Hotline at (800) 344-6000 / (858) 560-2191
and one of the following local law enforcement agencies:
A.
UC San Diego Police Department: 911 or (858) 534-HELP; or
B. San Diego Police Department: 911 or (619) 531-2000 or (858) 484-3154; or
C. San Diego County Sheriff's Department: 911 or (858)
565-5200;
AND
2.
Submit Form 8572 within 36
hours to the County of San Diego, Child Welfare Services, HHSA Child Abuse
Hotline using one of the following three methods:
A.
Fax to: (858) 467-0412;
B.
Mail to: Child Welfare Services/Hotline, 8911 Balboa Ave, San
Diego CA, 92123; Or
C. Via Web to: a web-based system link through the MRA (Mandated
Reporter Application), which they will receive after making their phone report
to the Child Abuse Hotline.
See https://www.sdcda.org/helping/mandated-reporting for more information.
AND
3. Report observed or
suspected Child Abuse or Neglect internally to the University
of California Whistleblower Hotline or to their supervisor. If reported to a
supervisor, the supervisor must make the report to the University of California
Whistleblower Hotline.
A. By telephone at: (800)
403‐4744; or
B. Online at: universityofcalifornia.edu/hotline.
The report may be
anonymous; however, providing contact information for the Mandated Reporter may
expedite the University's ability to follow-up on the report.
This internal
reporting requirement applies to all Mandated Reporters, as well as
(1) Faculty and Staff Assistance Programs clinicians or staff and victim
advocates employed by or volunteering in the CARE at the Sexual Assault
Resource Center when providing counseling services or in any other aspect of
their employment; and (2) Mandated Reporters at any UC San Diego healthcare facility
who observe or suspect Child Abuse or Neglect by a person they believe to be a
UC San Diego Employee, Student, Volunteer or affiliate, including vendors or
contractors.
Mandated Reporters at
any UC San Diego healthcare facility who observe or suspect Child Abuse or
Neglect in the context of their delivery of clinical services must also comply
with any internal reporting obligations set forth in the facilities' local
bylaws and policies, including UC San Diego Health Policy 305.4, Abuse
Screening, Assessment, and Reporting.
C. Youth Programs Registration
All Youth Programs
operated by UC San Diego must register initially and renew annually with Risk
Management.
D. Officials and
Volunteers
Departments/Divisions/Schools/Units
seeking the services of Officials and Volunteers will utilize the University of
California – Reporting Child Abuse and Neglect Policy, and its related
Appendices, to guide in the identification of Mandated Reporters.
Departments/Divisions/Schools/Units
are responsible for notifying the appropriate Responsible Offices of the
identification of Mandated Reporters. This includes, but is not limited to,
Volunteers providing services at the Birch Aquarium at the Scripps Institution
of Oceanography, Early Childhood Education Center and The Preuss School, UC San
Diego.
E. Youth Protection
Oversight Committee
1. Committee
Responsibilities
i. The Youth Protection
Oversight Committee (Committee) will provide central oversight for the Youth Protection Program at UC San Diego.
ii. The Committee will be a
sub-committee of the Compliance, Audit, Risk, and Ethics (CARE) Committee.
iii. The CARE Committee
leadership will appoint a chair or co-chairs of the Committee.
iv. The Committee should include
decision-making representatives from the following offices/departments: Academic Personnel
Services; Campus
Counsel; Campus
Human Resources; Counseling and Psychological Services; Environment Health
& Safety; Health Human Resources; Intercollegiate Athletics; Office of Ethics &
Compliance; Office of Student Conduct; Police Department; Recreation; Risk
Management; Scripps Institution of Oceanography; and Student Health. Other
offices/departments may be added to the Committee at the Chair/Co-Chair's
discretion.
v. The Committee will meet
at least quarterly and will be responsible for:
A. Reviewing the Youth
Protection Program on an annual basis;
B. Making recommendations
to the CARE Committee leadership regarding the Youth Protection Program;
C. Reviewing the Youth
Program Registry for completion and accuracy;
D. In concert with Risk
Management, ensuring that Youth Programs have approved continuity plans and
share best practices;
E. Conducting trend
analysis supported by information provided by the Police Department; and
F. Working with the Office
of Ethics & Compliance to ensure regular compliance monitoring.
V.
REFERENCES
University of California CANRA: Reporting Child
Abuse and Neglect Policy
California Child Abuse
and Reporting Act Statute (Cal. Penal Code §§ 11164-11174.3)
UC San Diego Health
Policy 305.4, Abuse Screening, Assessment, and Reporting
VI. REVISION HISTORY
11/09/2021 This is the initial issuance of these procedures.