What happens if a mandated reporter refuses to sign the acknowledgment forms?

For new employees, refusal to sign the mandated reporter acknowledgment forms can be the basis to revoke an offer of employment. For current employees, refusal to sign the mandated reporter acknowledgment forms can be the basis to prohibit the employee’s contact with children. Under the UC Policy on Reporting Child Abuse and Neglect, this can lead to disciplinary action up to and including dismissal.

The current CANRA acknowledgement forms state that an employee must be advised about their reporting requirements prior to employment. How can an existing employee sign this if they weren’t advised?

OGC is aware of this and is working on revising the acknowledgment forms. In the meantime, OGC advises that current employees note the date when they received the acknowledgment form right on the form itself.

Do departments have to provide employees with copies of CANRA?

No. Employees are asked to sign forms acknowledging their responsibility to report known or suspected abuse in compliance with CANRA. The acknowledgement forms provide employees with a link the complete statute (California Penal Code sections 11164-11174.4) available at Official California Legislative Information.

How should departments track when an existing employee completes mandated reporter forms?

All current employees who are in mandated reporter positions must sign statements acknowledging that they have knowledge of CANRA and will comply with its provisions. If such statements are not on file, the department must obtain them from the employee.

A department’s HR administrator should indicate on HCM when an employee has signed and completed mandated reporter forms.

Steps to Track Mandated Reporter Form Completion in HCM:

  1. Navigate to Workforce Administration > Job DataBring up the employee's record.
  2. Do NOT click to add a new row. (This is the ONLY action in the Job Data section of Workforce Administration that does not require a new row.)
  3. Click on the Employment Data link at the bottom of the page.
  4. In the Mandatory Reporting Signature Date field, enter the appropriate date.
  5. Click the Save button.
  6. Place the form in the employee’s personnel file.

What should departments do when a new employee completed mandated reporter forms?

All new employees who are in mandated reporter positions must sign statements that they have knowledge of CANRA and will comply with its provisions. Campus departments will determine which positions are mandated reporters and obtain the signed forms as a prerequisite to employment. The HR administrator should enter the date the employee signed the STATEMENT ACKNOWLEDGING REQUIREMENT TO REPORT CHILD ABUSE and the STATEMENT ACKNOWLEDGING REQUIREMENT TO REPORT SUSPECTED ABUSE OF DEPENDENT ADULTS AND ELDERS  (PDF), then place the forms in the employee’s personnel file.

Do departments have to ask student employees how old they are?

No. The UC Policy on Reporting Child Abuse and Neglect defines "children" as anyone under 18. A mandated reporter has the obligation to report abuse or suspected abuse of a minor. There is no added requirement that a mandated reporter has to be certain the person involved is a minor. The requirement if that the mandated reporter report the suspected abuse.

What should I do if I suspect abuse at a University facility but I am not a mandated reporter?

By UC policy, all University employees, contractors, volunteers or students who observe, have actual knowledge of, or reasonably suspect child abuse or neglect at a University facility or at official University activities are encouraged to promptly report their concern. The concern may be reported to their supervisor, to a University official, to the campus police department, or through the University’s compliance hotline.

What is considered having contact with children on a "regular basis"?

UC policy currently does not give a definition of what constitutes a "regular basis." Departments should identify job classifications or individual academic or staff employees who are or may be mandated reporters by virtue of their required job qualifications or their University duties or activities.

Do departments need to determine which of their staff members work with minors and designated those employees or administrators as mandated reporters?

Yes. Effective January 1, 2013, employees and administrators of the University are considered mandated reporters if their duties bring them into contact with children on a regular basis, if they have direct contact and supervision of children, or if they supervise other mandated reporters. They are required to report child abuse or neglect occurring on the University's premises or at official University activities or programs.

Are employees who are minors considered Mandated Reporters under CANRA?

An employee is considered a mandated reporter even if he/she is a minor if an employee's duties require contact with children on a regular basis or if their duties require direct contact and supervision of children.

Are University coaches considered Mandated Reporters under CANRA?

Yes. Effective January 1, 2013, athletic coaches are considered mandated reporters. This includes, but is not limited to, an assistant coach or a graduate assistant involved in coaching.

Are all faculty members considered Mandated Reporters under CANRA?

UC Berkeley faculty members are not generally considered Mandated Reporters under CANRA, even when students under the age of 18 enroll in their classes. However, some faculty members may be Mandated Reporters under other provisions of the Act. The following are some examples of situations in which a faculty member would be considered a Mandated Reporter:

  • Physicians, nurses, and other health professionals;
  • Faculty members and other academic personnel who have responsibility for instruction at the preschool, elementary, or high school level such as those who teach high school seminars or who serve as mentors in on-campus high school internship programs;
  • Individuals whose University duties require direct contact and supervision of children are Mandated Reporters. This group may include faculty members who hire children under age 18 to assist with scholarship, research, or other academic activities as volunteers or interns.

To determine if a faculty member is considered a Mandated Reporter as of January 1, 2013, the department would need to consider the following:

  • Do the faculty member's duties require direct contact and supervision of children?
  • Do their duties require contact with children on a regular basis?
  • Do they supervise others with such duties?
  • If so, they would be considered Mandated Reporters for child abuse or neglect occurring on the University's premises or at official University activities or programs.

What about positions that work in an environment where there are a lot of children, but whose responsibilities do NOT interact with children under 18 (e.g. gardener at University Village, where residents have family members under 18)?

As of January 1, 2013, employees and administrators of the University are considered mandated reporters if their duties bring them into contact with children on a regular basis, if they have direct contact and supervision of children, or if they supervise other mandated reporters. A gardener who works in an environment that puts him or her around children would not be considered a Mandated Reporter if he/she is not in direct contact with them, does not supervise them, is not in contact with them on a regular basis, or does not supervise someone who is a mandated reporter.

Do volunteers (non-employees) have to sign the acknowledgement forms if they work for programs that are run or sponsored by the University?

Volunteers in University sponsored programs are generally not considered mandated reporters. However, departments must consider the qualifications or services provided by the volunteer to determine if he or she meets the criteria of a mandated reporter.

Volunteers who direct or manage official University programs could be considered mandated reporters. For example, a volunteer who is a University "official," such as a volunteer who runs a retreat program for kids on behalf of the University, would be considered a mandated reporter.

Does there need to be a statement in the job posting letting prospective applicants know the job falls under the status of a CANRA Mandated Reporter?

Yes, there has to be a statement in the job posting if a position is classified as a Mandated Reporter. A department's HR administrator should indicate in the TAM job posting system when a position falls within mandated reporter requirements. The following language is now stored in the Job Posting Library and, when selected, will populate and be made visible to all applicants subject to reporting requirements:

"This position has been identified as a mandated reporter required to report the observed or suspected abuse or neglect of children, dependent adults, or elders to designated law enforcement or social service agencies. We reserve the right to make employment contingent upon completion of signed statements acknowledging the responsibilities of a mandated reporter."

Steps to Indicate Mandated Reporter Status in TAM:

  1. Navigate to Job Details > Job Descriptions
  2. Click on Description Type Mandated Reporter > Description ID Mandated Reporter
  3. Click on the OK button