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In this Section

Purpose

Definitions

New Employee Notification

Mandatory Reports

Voluntary Reports

Confidentiality and Immunity

Further Information

References

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Policy and Procedure Manual

Chapter 380, Personnel--General
Section 81, Child Abuse
Approved: 4/22/02
Supersedes: 12/22/89

Responsible Department: Human Resources
Source Document: California Penal Code (beginning at Section 11164)

I. Purpose

Certain University employees are required by State law to report known or suspected child abuse or neglect. State law also provides for voluntary reporting of suspected child abuse or neglect. This section provides a general summary of the law for campus employees. See UCDHS Hospital Policy & Procedure Manual Section 1528 for the procedures to be used by employees at the UC Davis Health System, including the School of Medicine.

II. Definitions

A. Child--a person under the age of 18 years.

B. Child abuse or neglect--a physical injury that is not accidental, including sexual abuse or exploitation, neglect, cruelty, and some types of punishment. [Penal Code 11165.6]

C. Mandated reporter--a person who is mandated by State law to report child abuse or neglect. Mandated reporters at UCD include:

1. Teachers and instructional aides whose duties require direct contact with and supervision of children. Except as described in 3 below, those whose contact with children is limited to registered UC students are not mandated reporters.

2. Administrators and employees whose duties require direct contact with, and supervision of, children. Except as described in 3 below, those whose contact with children is limited to registered UC students are not mandated reporters.

3. Other mandated reporters listed in Penal Code Section 11165.7, such as administrators and employees in day care centers and youth recreation programs; medical and mental health professionals, trainees, and interns; police and fire employees; film processors; and animal control officers.

III. New Employee Notification

A. All campus employees who are mandated reporters must sign a statement that they have knowledge of the law and will comply with its provisions. [Penal Code 11166.5]

B. Campus departments shall determine which positions are mandated reporters, and shall obtain the signed form as a prerequisite to employment, promotion, or transfer, and prior to starting employment. The form, Child Abuse--Employee Notification, is available on the Web at http://www.hr.ucdavis.edu/Forms.

C. After signing, the form is sent to Human Resources, and a copy retained in the department personnel file.

IV. Mandatory Reports

A. A report shall be made when a mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom he or she knows or reasonably suspects has been the victim of child abuse or neglect. [Penal Code 11166(a)]

1. To make a report, telephone the local child protective agency. In Yolo County, the number is (530) 669-2345. In Sacramento County, it is (916) 875-5437. The report can also be made to any police or sheriff's department. The campus police number is (530) 752-1230.

2. The call must be made immediately or as soon as is practically possible.

3. A written report must be mailed or faxed within 36 hours of learning of the incident. Use the Suspected Child Abuse Report form (SS 8572). The form can be obtained from the Academic & Staff Assistance Program, (530) 752-2727, or the Counseling Center, (530) 752-0871, or from the child protective agency.

B. When two or more persons are aware of an instance of abuse or neglect, and when there is an agreement among them, the report may be made by one of them. [Penal Code 11166(f)]

C. The duty to report is individual. No one shall impede the reporting duties. No one shall be subject to any sanction for making a report. [Penal Code 11166(g)]

V. Voluntary Reports

A. Any member of the campus community who suspects that a child has been the victim of abuse or neglect may report as described in IV, above, even if he or she is not a mandated reporter. [Penal Code 11166(e)]

B. Any member of the campus community can refer a student to the Counseling Center if there is a reason to think he or she might have encountered child abuse or neglect.

VI. Confidentiality and Immunity

A. The identity of all persons who report shall be confidential. It shall be disclosed only as described in Penal Code Section 11167(d).

B. A person who reports child abuse is protected from civil and criminal liability as described in Penal Code 11172(a).

VII. Further Information

Two offices offer counseling, more detailed information, and help in making a mandated or voluntary report.

A. The Academic & Staff Assistance Program, (530) 752-2727, provides services to faculty and staff employees.

B. The Counseling Center, (530) 752-0871, provides services to students and student employees.

VIII. References

A. California Penal Code beginning at Section 11164, available on the Web at http://www.leginfo.ca.gov/calaw.html.

B. UCDHS Hospital Policies & Procedures Manual Section 1528, Reporting and Management of Suspected Child Abuse, Neglect, and Sexual Abuse.

C. Office of the President--Levin to Personnel Managers: AB 2710--Child Abuse Reporting Requirements, 2/14/85.

D. Office of the President--Mayhew to Academic Vice Chancellors: AB 2710--Child Abuse Reporting Requirements, 2/28/85.


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Last Updated: 1/3/07 | Questions and Comments

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