Section: 200-26
Effective: 11/09/2021
Supersedes: New
Next Review Date: 11/09/2024
Issuance Date: 11/09/2021
Issuing Office: UC San Diego Human Resources, Academic Personnel Services
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
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
11/09/2021 This is the initial issuance of these procedures.