Child Abuse and Neglect Reporting by Community College Employees (CCD) - School & College Legal Services of California

The Child Abuse and Neglect Reporting Act (“Act”) governs the requirements for child abuse and neglect reporting. Effective July 1, 2015, Assembly Bill 1432 requires school districts and county offices of education to provide training on mandated reporting requirements of the Act to employees. At this time, the training requirement does not apply to community college districts. However, community college districts are obligated to comply with other requirements of the Act. This update serves to remind community college district clients about their child abuse reporting obligations.

LEGAL UPDATE

March 19, 2015

To: Superintendents/Presidents/Chancellors, Member Community College Districts

From: Mia N. Robertshaw, Schools Legal Counsel

Subject: Child Abuse and Neglect Reporting by Community College Employees

Memo No. 03-2015(CC)

For purposes of the act, a “child” is a person under the age of 18. Because community colleges enroll students who are under the age of 18, and may serve younger children through child care or other programs, the mandated reporting laws do apply but faculty and staff may be unaware of their mandated reporter obligations. Accordingly, it is imperative that community college districts ensure that their employees are fully aware of their mandated reporting obligations.

Community College District Mandated Reporters

A “mandated reporter” for purposes of the Act includes:

An employee or administrator of a public or private postsecondary educational institution, 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.

(Penal Code § 11165.7(41).) In addition, pursuant to the California Community Colleges Chancellor’s Office, the Act considers community college instructors, classified employees, and counselors whose duties place them in a position to observe potential instances of child abuse or neglect as “mandated reporters.” (Legal Opinion 02-03 (Feb. 25, 2002).)

Penal Code section 11166 sets forth the basic responsibilities of mandated reporter. A mandated reporter’s primary duty is to make an immediate report “whenever the 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 the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect.” (Penal Code § 11166(a).) The mandated reporter’s duty is to report – not to investigate. The duty to investigate belongs to the California Department of Social Services or other appropriate government agency.

Note that reporting obligations extend beyond enrolled students. Mandated reporters may obtain knowledge of or observe child abuse or neglect of non-enrolled minors, such as minors attending athletic events, minors enrolled in college child care centers, or minor family members of enrolled students, faculty or staff. If the mandated reporter, in his or her professional capacity or within the scope of his or her employment, obtains knowledge of or observes child abuse or neglect, he or she has a duty to make a report even if it concerns a non-enrolled minor. (Penal Code § 11166(a).)

Community College District Obligations

Pursuant to Penal Code section 11166.5, any community college employee who is a mandated reporter for purposes of the Act, as a pre-requisite of employment, must sign a statement that he or she has knowledge of the child abuse and neglect reporting requirements set forth in Penal Code section 11166. Districts must retain the signed employee statements.

In addition, community college districts must provide employees who are mandated reporters with copies of Penal Code sections 11165.7, 11166, and 11167. (Penal Code § 11166.5.)

For your convenience, we have attached an employee form as well as the Penal Code sections that must be distributed.

Recommendation

Community college districts should ensure that all of their mandated reporters are educated about the requirements of the Act and their reporting obligations. Although the training required by Assembly Bill 1432 does not apply to community college districts at this time, we recommend that community college districts offer training to its employees. Training is available through our office or online through the California Department of Education and California Department of Social Services at http://mandatedreporterca.com/training/educators.htm. Training also may be available through your local child protective services agency. Please contact our office if your district is interested in a workshop on child abuse and neglect reporting.

Please contact our office with questions regarding this Legal Update or any other legal matter.

The information in this Legal Update is provided as a summary of law and is not intended as legal advice. Application of the law may vary depending on the particular facts and circumstances at issue. We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

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