WORKPLACE LAW -
Employee aka Mandatory Reporter?
Question:
My new employer has informed me that I am what is referred to as a “mandatory reporter” pursuant to the state’s Child Abuse and Neglect Reporting Act. My employer is going to send me to some training on this issue, but in the meantime, I would like to have some idea as to what my obligations may be.
Answer:
The California Child Abuse and Neglect Reporting Act requires “mandated reporters” (certain professionals and laypersons who have a special working relationship and/or contact with children) to report a “reasonable suspicion” of abuse or neglect to the proper authorities. According to a 1999 California Attorney General’s study, three children die each day as a result of abuse or neglect. In response to such statistics, every state in the nation has instituted some form of a mandatory child abuse and neglect reporting law.
A mandated reporter is required to make a report whenever he/she has knowledge of or observes a child who he/she knows or reasonably suspects has been the victim of child abuse or neglect. A reasonable suspicion of child abuse or neglect means that it is objectively reasonable for a person, based on the facts and on his/her training and experience, to suspect abuse or neglect.
The mandated reporter is required to make a telephone report of the suspected abuse, and must complete and file a “Suspected Child Abuse Report (SCAR) form.” Reports of suspected child abuse or neglect by mandated reporters can be made to any police department, sheriff’s office, or the county department of social services. Any mandated reporter who fails to report an incident of known or reasonably suspected child abuse or neglect is guilty of a misdemeanor punishable by up to six (6) months in jail and/or a fine of $1,000.
In Monterey County, the Department of Social and Employment Services has established a toll free hotline for reporting child abuse. That number is 1-800-606-6618. Hotline hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. After hours and weekends, callers who wish to make a report are asked to call (831) 769-8888 and ask for the children’s social worker. If there is an emergency involving a child, the caller should dial 911 immediately. Monterey County offers information regarding child abuse and neglect reporting and downloadable SCAR forms at www.co.monterey.ca.us/dss/childrens/.
In addition, the California Department of Social Services Office of Child Abuse Prevention, in conjunction with the California Institute on Human Services, Sonoma State University, has produced training modules for mandated reporters. The goal is that mandated reporters have the training needed to carry out their responsibilities properly. Information regarding these training modules can be obtained at www.sonoma.edu/cihs/mr/.
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