Many University employees are required by law to report crimes against children or dependent adults and elders to law enforcement or social services authorities. California's Child Abuse and Neglect Reporting Act (CANRA) imposes an obligation to report child abuse or neglect on certain individuals and establishes procedures to report suspected child abuse or neglect or the suspected abuse of dependent adults and elders.
These brief guidelines provide answers to many common questions about CANRA and the obligation to report suspected child abuse or neglect. The complete text of CANRA (California Penal Code sections 11164-11174.4) may be found via Official California Legislative Information.
Overview of CANRA
General Provisions of Reporting Abuse Against Children or Dependent Adults and Elders
What are CANRA's Basic Reporting Provisions?
- Reporting Abuse of Children
A Mandated Reporter must make a report whenever, in their professional capacity or within the scope of their employment, they have knowledge of, or observes a person under the age of eighteen whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. - Reporting Abuse of Dependent Adults or Elders
Mandatory Reporters are also required to report suspected abuse or neglect of dependent adults or elders when told by the dependent adult or elder that they have experienced abuse or neglect, or when the Mandated Reporter reasonably suspects abuse or neglect of a dependent adult or elder.
"Reasonable suspicion" occurs when "it is objectively reasonable for a person to entertain such a suspicion, based upon facts that could cause a reasonable person in a like position, drawing when appropriate on his or her training and experience, to suspect child abuse." (P.C.11166(a)(1)).
When is a Mandated Reporter Required to Make a Report?
If you are a mandated reporter and you reasonably suspect child abuse has occurred, you must make three reports:
- You must contact a designated agency immediately or as soon as practically possible by telephone.
- You must file a written report within 36 hours of receiving the information concerning the incident.
- An internal report must be made to the Mandated Reporter's supervisor or to the University Compliance Hotline. This internal report may be made anonymously.
If you are a mandated reporter and you reasonably suspect dependent adult or elder abuse has occurred, you must make three reports:
- You must report to either local law enforcement or the local long-term ombudsman immediately or as soon as practically possible by telephone.
- You must file a written report within two working days.
- An internal report must be made to the Mandated Reporter's supervisor or to the University Compliance Hotline. This internal report may be made anonymously.
What are the Responsibilities of the University when Employing a Mandated Reporter?
Any person entering employment with the University in a role that makes them a mandated reporter must sign a statement acknowledging the requirement to report child abuse and neglect, to report dependent adult or elder abuse and neglect, and to comply with the provisions of CANRA.
Campus departments shall determine which positions are mandated reporters, and shall obtain the signed forms as a prerequisite to employment, promotion, or transfer. The forms are the Statement Acknowledging Requirement to Report Child Abuse and Statement Acknowledging Requirement to Report Suspected Abuse of Dependent Adults and Elders (PDF). Signed forms are retained in the department personnel file.
Who is a Mandated Reporter?
As of January 1, 2013, Mandated Reporters include the following new categories:
- Postsecondary institutions:
- An employee or administrator whose duties bring the administrator or employee into contact with children on a regular basis, or who supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on that institution's premises or at an official activity of, or program conducted by, the institution
- An athletic coach, including, but not limited to, an assistant coach or a graduate assistant involved in coaching, at public or private postsecondary institutions
- Public or private schools:
- Teachers
- Instructional Aides
- Teacher's Aides
- Teacher's Assistants
- Classified Employees
- Administrative Officers and Supervisors of child welfare attendance
- Certified pupil personnel employees, administrators or presenters of or counselors in child abuse prevention programs
- Community care or child day care facilities:
- Licensees
- Administrators
- Employees
- Day camps:
- Administrators
- Private youth centers, youth recreation programs, youth organizations:
- Administrators or employees.
- Health care professionals - all licensed health professionals and certain trainees and interns, including:
- Physicians
- Psychiatrists
- Psychologists
- Dentists (and residents and interns)
- Podiatrists
- Chiropractors
- Licensed nurses
- Dental hygienists
- Optometrists
- Marriage and family therapists (and trainees and interns)
- Clinical social workers
- Professional clinical counselors (and trainees and interns)
- Certified EMTs, paramedics, and other emergency technicians
- Registered psychological assistants
- Alcohol and drug counselors
- Coroners, medical examiners, and others who perform autopsies
- Law enforcement and public safety professionals:
- Employees of any police department, county sheriff's department, county probation department, or county welfare department
- Peace officers
- Firefighters
- District attorney investigators, inspectors, local child support agency caseworkers (unless the investigator, inspector or caseworker is working with certain attorneys to represent the children)
- Social workers
- Probation officers, parole officers
- Employees of school district police or security departments
- Animal control and human society officers
- Clergy:
- Priests, ministers, rabbis, religious practitioners, or similar functionaries of any church, temple, or recognized denomination or organization; and their respective records custodians
- Any public or private organization:
- Administrators or employees whose duties require direct contact and supervision of children
- Childcare institutions:
- Employees (including, but not limited to, foster parents, group home personnel, personnel of residential care facilities)
- State Department of Education:
- County Offices of Education employees whose duties bring them into contact with children on a regular basis
- State Department of Social Services (and county contractors):
- Licensing workers and licensing evaluators
- Head Start Program:
- Teachers
- Commercial photography and filmmaking:
- Commercial film and photographic print processors (including anyone who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, for compensation, as well as their employees), excluding public agencies
- Miscellaneous:
- Public assistance workers
- State and county public health employees who treat minors for VD or other conditions
- Compensated child visitation monitors
- Employees or volunteers of Court Appointed Special Advocate program
- Certain custodial officers
- Supportive services providers delivering services to children under the Welfare & Institutions Code
Section 11165.7 of CANRA further defines Mandated Reporter as any of the following:
- A teacher.
- An instructional aide.
- A teacher's aide or teacher's assistant employed by any public or private school.
- A classified employee of any public school.
- An administrative officer or supervisor of child welfare and attendance, or a certificated pupil.
- An administrator of a public or private day camp.
- An administrator or employee of a public or private youth center, youth recreation program, or youth organization.
- An administrator or employee of a public or private organization whose duties require direct contact and supervision of children.
- Any employee of a county office of education or the California Department of Education, whose duties bring the employee into contact with children on a regular basis.
- A licensee, an administrator, or an employee of a licensed community care or child day care facility.
- A Head Start program teacher.
- A licensing worker or licensing evaluator employed by a licensing agency as defined in Section 11165.11.
- A public assistance worker.
- An employee of a child care institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities.
- A social worker, probation officer, or parole officer.
- An employee of a school district police or security department.
- Any person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in any public or private school.
- A district attorney investigator, inspector, or local child support agency caseworker unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor.
- A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is not otherwise described in this section.
- A firefighter, except for volunteer firefighters.
- A physician, surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage, family, and child counselor, clinical social worker, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code.
- Any emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
- A psychological assistant registered pursuant to Section 2913 of the Business and Professions.
- A marriage, family, and child therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code.
- An unlicensed marriage, family, and child therapist intern registered under Section 4980.44 of the Business and Professions Code.
- A state or county public health employee who treats a minor for venereal disease or any other condition.
- A coroner.
- A medical examiner, or any other person who performs autopsies.
- A commercial film and photographic print processor, as specified in subdivision (d) of Section 11166. As used in this article, "commercial film and photographic print processor" means any person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, for compensation. The term includes any employee of such a person; it does not include a person who develops film or makes prints for a public agency.
- A child visitation monitor. As used in this article, "child visitation monitor" means any person who, for financial compensation, acts as monitor of a visit between a child and any other person when the monitoring of that visit has been ordered by a court of law.
- An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings:
- "Animal control officer" means any person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations.
- "Humane society officer" means any person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code.
- A clergy member, as specified in subdivision (c) of Section 11166. As used in this article, "clergy member" means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization.
- Any custodian of records of a clergy member, as specified in subdivision (c) of Section 11166.
- Any employee of any police department, county sheriff's department, county probation department, or county welfare department.
- An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 1424 of the California Rules of Court.
- A custodial officer as defined in Section 831.5.
- Any person providing services to a minor child under Section 12300-12300.1 of the Welfare Institutions Code.
- An alcohol and drug counselor.
- A clinical counselor trainee as defined under subdivision (g) of Section 4999.12 of the Business and Professions Code.
- A clinical counselor intern registered under Section 4999.42 of the Business Professions Code.
Guidance for All University Employees
If a University employee knows or reasonably believes that a child or dependent adult or elder has been abused or is in immediate danger of abuse, the employee should immediately contact the campus police department (UCPD) at (510) 642-6760 and notify your Supervisor / Manager.
Employees may also make a report via:
- Local Police Department (911 in an emergency)
- A Child and Family Services Agency
- UC confidential hotline: (800) 403-4744
- Online at EthicsPoint
Resources
- UC Statement of Ethical Values and Standards of Ethical Conduct
- California Child Abuse Mandated Reporter Training - CANRA for Mandated Reporters BE-UCLOL0065
- Child Abuse and Neglect Reporting Act (California Penal Code sections 11164-11174.4)
- UC Policy Reporting Child Abuse and Neglect
- UC Berkeley Policy on Activity Involving Minors
- Alameda County Child Abuse & Neglect Protective Services
- Alameda County Child Abuse Prevention Council
- "What is Child Abuse and Neglect? Recognizing the Signs and Symptoms," a publication by the Child Welfare Information Gateway
Training
- UC Learning Center - CANRA for Mandated Reporters BE-UCLOL0065
- For Volunteers and anyone who cannot access the UC Learning Center, please contact risk@berkeley.edu for access to Praesidium Academy
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