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HomeMy WebLinkAbout004-2014RESOLUTION NO. 4-2014 ADOPTING THE CHILD ABUSE AND NEGLECT MANDATED REPORTER POLICY WHEREAS, the "Child Abuse and Neglect Reporting Act," (Penal Code §§ 11164- 11174.3) is designed to protect victims of child abuse and neglect by imposing a "mandatory reporting requirement on those whose professions bring them into contact with children;" and WHEREAS, the Town of Danville has ensured that appropriate Town employees are aware of their obligations under State law; and WHEREAS, the Town of Danville seeks to reinforce its current practice by adopting a written Child Abuse and Neglect Mandated Reporter Policy; and WHEREAS, the Child Abuse and Neglect Mandated Reporter Policy identifies the Town employees who serve as mandated reporters, discusses confidentiality, training requirements and disciplinary action; now, therefore, be it RESOLVED, that the Danville Town Council hereby adopts the Child Abuse and Mandated Reporter Policy, attached as an Exhibit. APPROVED by the Danville Town Council at a regular meeting on January 14, 2014 by the following vote: AYES: Storer, Doyle, Arnerich, Morgan, Stepper NOES: None ABSTAINED: None ABSENT: None µ MX OR APPROVED AS TO FORM: ATTEST: cy CITY ATTORNEY CITY CLERK Town of Danville CHILD ABUSE AND NEGLECT MANDATED REPORTER POLICY POLICY STATEMENT Purpose and Scope State of California law (the "Child Abuse and Neglect Reporting Act ", Penal Code §§ 11164- 11174.3) is designed to protect victims of child abuse and neglect by imposing a "mandatory reporting requirement on those whose professions bring them into contact with children." Town of Danville ( "Town ") employees and officials whose duties include contact with and supervision of children are designated as "mandated reporters." Under the law, mandated reporters must report any reasonable suspicion of child abuse or neglect- in the case of Town employees to the Danville Police Department or Contra Costa County Child and Family Services Bureau. This policy identifies the Town employees who serve as mandated reporters and outlines the steps that must be taken by all mandated reporters. All Town employees, officials and volunteers, even if not a mandated reporter, should report reasonable suspicion of child abuse or neglect to the Danville Police Department. Definition of "Mandated Reporter" State law defines professions identified as mandated reporters. Generally, these positions involve contact with and supervision of children. The list of Town job positions and classifications that are required to be "mandated reporters" based on their job duties is attached as Appendix A. The Town also requires, effective July 1, 2014, that outside contractors who qualify as a "mandated reporter" must comply with the law and this policy. The Town of Danville contracts police services with the Contra Costa Sheriff's Office. All sworn staff are employees of the Contra Costa Sheriff's Office. All Sheriff's Office personnel contracted by the Danville Police Department must conform with the Sheriff's Office's Mandated Reporter policies and procedures. Any Town of Danville employees in the Police Department that are required to be "mandated reporters" are listed in Appendix A. Page 1 Town of Danville RESPONSIBILITIES The responsibilities of all Town mandated reporters are to: 1. Report Reasonable Suspicion of Child Abuse or Neglect Town mandated reporters must report any "reasonable suspicion' of child abuse or neglect, based on information obtained in his or her professional capacity or within the scope of his or her employment or service, to the Danville Police Department or Contra Costa County Child and Family Services Bureau. Child. A child is any person under the age of 18 years Child Abuse or NeLylect includes: • physical injury or death inflicted by other than accidental means • "sexual abuse" (Penal Code Section 11165.1) • "neglect" (Penal Code Section 11165.2) • willful harming or injury of a child or endangering the person or health of a child (Penal Code Section 11165.3) • unlawful corporal punishment or injury (Penal Code Section 11165.4) It does not include a mutual altercation between or among minors. Reasonable suspicion: "Reasonable suspicion" means that it is objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a reasonable person in a like position, drawing on his or her training and experience, to suspect child abuse or neglect. "Reasonable suspicion" does not require certainty that child abuse or neglect has occurred nor does it require a specific medical indication of child abuse or neglect. 2. Make an Immediate Initial Report by Telephone to the Danville Police Department or Contra Costa County Child and Family Services Bureau Whenever a mandated reporter reasonably suspects a child has been the victim of child abuse or neglect, the mandated reporter must IMMEDIATELY or as soon as practicable make a telephone call to the DANVILLE POLICE DEPARTMENT at (925) 820 -2144 or CONTRA COSTA COUNTY CHILD AND FAMILY SERVICES BUREAU at (877) 881 -1116. Page 2 Town of Danville Mandated reporters should never assume that a report has been filed by another employee. If there is reasonable suspicion, a report must be made by each mandated reporter. 3. Make a Follow -up Written Report to the Contra Costa County Child and Family Services Bureau A mandated reporter MUST follow up initial reports with a written report to the Contra Costa County Child and Family Services Bureau as soon as reasonably practicable, but in any event WITHIN 36 HOURS of first learning the information that raises reasonable suspicion of child abuse or neglect.. A written report must include the information described in Section 11167(a) of the Act, including: • The name, business address, and telephone number of the mandated reporter; • The person's position; • The information that gave rise to the reasonable suspicion of child abuse or neglect; • The source(s) of that information; • The child's name (if known); • The child's address and present location (if known); • If applicable, the child's school, grade and class; • The name, address, and telephone number of the child's parent(s) or guardian(s) (if known); • The names, addresses, telephone number(s) and other relevant personal information about the person(s) who might have abused or neglected the child (if known). The report may be submitted on the Suspected Child Abuse Report Form (form SS 8572) in Appendix D. The form and instructions are also available online at the State of California, Department of Justice, Office of the Attorney General's website. • Instructions (Appendix C): htt ): oa } ,- ov sites /a.11 files dfs cli.il.clabtise 8572 instruct. df • Form SS 8572 (Appendix D): cif ss 8572. (if 4. Internal Reports to Supervisor If any person has questions about his or her obligation under the law, he or she should call his or her supervisor. The law does not require an internal report but the Town encourages a mandated reporter to make internal reports by Page 3 Town of Danville immediately reporting suspected child abuse or neglect to his or her supervisor, manager or director. An internal inquiry or report is not a substitute for a Mandated Reporter's required external reports to the Danville Police Department or Contra Costa County Child and Family Services Bureau by telephone and in writing. Town Policy and State Law Prohibits Retaliation No Town employee or official may impede or inhibit a mandated reporter's duties, nor impose any sanction on any person making a good -faith report under the Act or under this policy. Retaliation against anyone for making a good -faith report under this policy or state law will not be tolerated. The individual filing the report is fully protected. Confidentiality The contents of reports prepared pursuant to this policy and the identity of individuals who report suspected abuse pursuant to this policy shall remain confidential, except as provided for in Penal Code Sections 11167 and 11167.5. MANDATED REPORTER TRAINING Notification to Mandated Reporter Every mandated reporter, as listed in Appendix A, must sign a statement acknowledging that he or she understands and will comply with state law. Acknowledgment forms completed by employees shall be maintained in the employee's personnel file (see Appendix B, Employee Statement Acknowledging Requirement to Report Child Abuse). Training Requirements The Town requires that every mandated reporter, as listed in Appendix A, must complete an approved method of training within sixty (60) days of their appointment and once every two years thereafter. The Town recommends that mandated reporters receive training once every year, if possible. Additionally, the Town will make training available to other Town employees, officials and volunteers who are not otherwise a mandated reporter. Mandated reporters must comply with the duties imposed by state law whether or not he or she has received training from the Town or other third party. Page 4 Town of Danville DISCIPLINARY ACTION Failure to make a required report under this policy may result in disciplinary action up to and including termination in accordance with the Town of Danville Personnel Policies and Procedures. Failure to file a report may result in criminal prosecution. Potential penalties for failing to comply with mandated reporter duties include imprisonment for up to six (6) months in a County jail, a fine of up to $1,000, or both. APPENDICES Appendix A - List of Positions Serving as Mandated Reporters Appendix B - Employee Statement Acknowledging Requirement to Report Child Abuse Appendix C - Definitions and General Instructions for Completion of Form SS 8572, Suspected Child Abuse Report Appendix D - Form SS 8572, Suspected Child Abuse Report Policy adopted by the Danville Town Council on January 14, 2014. Page 5 APPENDIX A LIST OF POSITIONS SERVING AS MANDATED REPORTERS Recreation Services Recreation Services Manager Recreation Program Supervisor Recreation Program Coordinator Recreation Program Assistant Recreation Program Specialist Recreation Program Leader Facilities Attendant Administrative Secretary Police Services All Positions Community Development /Information Technology Transportation Program Analyst Program Specialist/ Transportation APPENDIX B STATEMENT ACKNOWLEDGING REQUIREMENT TO REPORT CHILD ABUSE Name Title Department California law requires certain people to report known or suspected child abuse or neglect. You have been identified as one of those people - a "mandated reporter." Prior to commencing your employment or contracting relationship with the Town of Danville ( "Town "), California law requires you sign a statement to the effect that you have knowledge of the relevant provisions of the Child Abuse and Neglect Reporting Act (CANRA) and will comply with those provisions. (Cal. Penal Code 11166.5.). These provisions have been provided with this form and the complete statute can be found online at ht ww =w.leginfo.ca.. ov c i -bin dis Ala. Tcode ?section= yen &grou =1. 1001 - 12000 &file= 11164 - 111.74.3. The following are your responsibilities under state law. Please review all this information carefully, and then sign/ date this acknowledgment indicating your receipt and understanding. If you have any questions or concerns about your duties or about this form, please contact your supervisor. By signing where indicated below, I acknowledge my understanding that: My employment/ contracting status with the Town, which,requires me to have contact with persons under age 18, makes me a Mandated Reporter as defined in Penal Code section 11165.7. • I must make a mandated report when, in my professional capacity and /or within the scope of my employment, I obtain knowledge of or observe a person under the age of 18 years whom I know or reasonably suspect has been the victim of child abuse or neglect. • "Reasonable suspicion" means it is objectively reasonable for a person to entertain 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 or neglect. It does not require certainty that child abuse or neglect has occurred, nor does it require a specific medical indication of child abuse or neglect; any 'reasonable suspicion' of child abuse or neglect is sufficient to trigger my reporting obligation. (Penal Code § 11166(a)(1).) • The following issues or circumstances trigger mandatory reports (pursuant to Penal Code sections 11165 et seq.): • Physical injury inflicted by other than accidental means. • Sexual abuse meaning sexual assault or sexual exploitation of a child. • Neglect meaning the negligent treatment, lack of treatment, or the maltreatment of a child by a person responsible for the child's welfare under circumstances indicating harm or threatened harm to the child's health or welfare. • Willful harming or injuring or endangering a child meaning a situation in which any person inflicts, or willfully causes or permits a child to suffer, unjustifiable physical pain or mental suffering, or causes or permits a child be placed in a situation in which the child or child's health is endangered. APPENDIX B o Unlawful corporal punishment or injury willfully inflicted on a child and resulting in a traumatic condition. • If I reasonably suspect that a child is being abused, I must make a telephone report to the DANVILLE POLICE DEPARTMENT OR CONTRA COSTA COUNTY CHILD AND FAMILY SERVICES BUREAU immediately or as soon as practically possible by telephone, and I must prepare and send a written report within 36 hours of receiving the information concerning the incident. The written report must include the information described in CANRA § 11167(a) and may be submitted on form SS 8572, available online at http://ag.ca.gov/childabuse/pdf/ss-8572.pdf. • If I reasonably suspect a child is being abused, I may consult with my supervisor or management, and we may agree to file a joint report. However, I understand that even if my supervisor disagrees with me, if I reasonably suspect a child is being abused as described above, I must make a report. (See Penal Code 11166(h).) • I am required to call the DANVILLE POLICE DEPARTMENT OR CONTRA COSTA COUNTY CHILD AND FAMILY SERVICES BUREAU about suspected child abuse or neglect. But I am not required to share information about suspected abuse with my supervisor or management, or with the parents of the alleged victim. • My identity as the mandated reporter making the report will be kept confidential unless I either consent to disclosure, a court orders such disclosure, or disclosure is necessary among the agencies and personnel involved in investigating the report or processing related charges or custodial arrangements. • I may not be disciplined, terminated, retaliated against, or otherwise discriminated against or harassed for making a mandated report of reasonably suspected child abuse. • I have civil and criminal immunity when making a mandated report required by law. • It is a misdemeanor to fail to comply with mandated reporting laws, and I can be held criminally liable for failing to make a mandated report of suspected abuse. Potential penalties for failing to comply with my mandated reporter duties include imprisonment for up to six (6) months in County jail, a fine of up to $1000, or both. I further understand I may also be civilly liable for failure to make a mandated report. ACKNOWLEDGEMENT OF RESPONSIBILITY I have carefully reviewed and understand the information provided to me with this form, and I have knowledge of my responsibility to report known or suspected child abuse or neglect in compliance with CANRA. I agree to comply with my duties as a mandated reporter pursuant to California law. I further understand a copy of this acknowledgement will be kept on file. Signature Date APPENDIX C DEFINITIONS AND GENERAL INSTRUCTIONS FOR COMPLETION OF FORM SS 8572 All Penal Code (PC) references are located in Article 2.5 of the PC. This article is known as the Child Abuse and Neglect Reporting Act ( CANRA). The provisions of CANRA may be viewed at: http: / /www.leginfo.ca.gov /calaw.html (specify "Penal Code" and search for Sections 11164 - 11174.3). A mandated reporter must complete and submit the form SS 8572 even if some of the requested information is not known. (PC Section 11167(a).) I. MANDATED CHILD ABUSE REPORTERS • Mandated child abuse reporters include all those individuals and entities listed in PC Section 11165.7. II. TO WHOM REPORTS ARE TO BE MADE ( "DESIGNATED AGENCIES ") Reports of suspected child abuse or neglect shall be made by mandated reporters to any police department or sheriff's department (not including a school district police or security department), the county probation department (if designated by the county to receive mandated reports), or the county welfare department. (PC Section 11165.9.) III. REPORTING RESPONSIBILITIES Any mandated reporter who has knowledge of or observes a child, in his or her professional capacity or within the scope of his or her employment, whom he or she knows or reasonably suspects has been the victim of child abuse or neglect shall report such suspected incident of abuse or neglect to a designated agency immediately or as soon as practically possible by telephone and shall prepare and send a written report thereof within 36 hours of receiving the information concerning the incident. (PC Section 11166(a).) No mandated reporter who reports a suspected incident of child abuse or neglect shall be held civilly or criminally liable for any report required or authorized by CANRA. Any other person reporting a known or suspected incident of child abuse or neglect shall not incur civil or criminal liability as a result of any report authorized by CANRA unless it can be proven the report was false and the person knew it was false or made the report with reckless disregard of its truth or falsity. (PC Section I I172(a).) IV. INSTRUCTIONS • SECTION A- REPORTING PARTY: Enter the mandated reporter's name, title, category (from PC Section 11165.7), business /agency name and address, daytime telephone number, and today's date. Check yes -no whether the mandated reporter witnessed the incident. The signature area is for either the mandated reporter or, if the report is telephoned in by the mandated reporter, the person taking the telephoned report. ETHNICITY CODES 1 Alaskan Native 2 American Indian 3 Asian Indian 4 Black 5 Cambodian 6 Caribbean 7 Central American 8 Chinese 9 Ethiopian 10 Filipino IV. INSTRUCTIONS (Continued) • SECTION B - REPORT NOTIFICATION: Complete the name and address of the designated agency notified, the date/ time of the phone call, and the name, title, and telephone number of the official contacted. SECTION C - VICTIM (One Report per Victim): Enter the victim's name, address, telephone number, birth date or approximate age, sex, ethnicity, present location, and, where applicable, enter the school, class (indicate the teacher's name or room number), and grade. List the primary language spoken in the victim's home. Check the appropriate yes -no box to indicate whether the victim may have a developmental disability or physical disability and specify any other apparent disability. Check the appropriate yes -no box to indicate whether the victim is in foster care, and check the appropriate box to indicate the type of care if the victim was in out -of -home care. Check the appropriate box to indicate the type of abuse. List the victim's relationship to the suspect. Check the appropriate yes -no box to indicate whether photos of the injuries were taken. Check the appropriate box to indicate whether the incident resulted in the victim's death. • SECTION D - INVOLVED PARTIES: Enter the requested information for: Victim's Siblings, Victim's Parents/ Guardians, and Suspect. Attach extra sheet(s) if needed (provide the requested information for each individual on the attached sheet(s)). • SECTION E - INCIDENT INFORMATION: If multiple victims, indicate the number and submit a form for each victim. Enter date /time and place of the incident. Provide a narrative of the incident. Attach extra sheet(s) if needed. V. DISTRIBUTION • Reporting Party: After completing Form SS 8572, retain the yellow copy for your records and submit the top three copies to the designated agency. • Designated Agency: Within 36 hours of receipt of Form SS. 8572, send white copy to police or sheriff's department, blue copy to county welfare or probation department, and green copy to district attorney's office. 11 Guamanian 16 Korean 22 Polynesian 12 Hawaiian 17 Laotian 23 Samoan 13 Hispanic 18 Mexican 24 South American 14 Hmong 19 Other Asian 25 Vietnamese 15 Japanese 21 Other Pacific Islander 26 White 27 White - Armenian 28 White - Central American 29 White - European 30 White- Middle Eastern 31 White - Romanian �� SUSPECTED CHILD ABUSE To Be Completed by Mandated Child Abuse Reporters Pursuant to Penal Code Section 11166 PLEASE PRINT OR TYPE APPENDIX D REPORT WTIMIUM CASE NUMBER: SS 8572 (Rev. 12102) DEFINITIONS AND INSTRUCTIONS ON REVERSE DO NO submit a copy of this form to the Department of Justice (DOJ). The investigating agency is required under Penal Code Section 11169 to submit to DOJ a Child Abuse Invest Report Form SS 8583 if (1) an active investigation was conducted and (2) the inc was determined not to be un founded. WHITE COPY - Police or Sheriffs Department; BLUE COPY - County Welfare or Probation Department; GREEN COPY- District Attorney's Office; YELLOW COPY - Reporting Party NAME OF MANDATED REPORTER TITLE MANDATED REPORTER CATEGORY 0 Z P REPORTER'S BUSINESS /AGENCY NAME AND ADDRESS Street City Zip DID MANDATED REPORTER WITNESS THE INCIDENT? Q O YES NO Q ❑ 11 W n- REPORTER'S TELEPHONE (DAYTIME) SIGNATURE TODAY'S DATE z ❑ LAW ENFORCEMENT ❑ COUNTY PROBATION AGENCY 0 ❑ COUNTY WELFARE / CPS (Child Protective Services) 0 Q ADDRESS Street City Zip DATE/TIME OF PHONE CALL EL W U W F— OFFICIAL CONTACTED -TITLE TELEPHONE m Z \ NAME (LAST, FIRST, MIDDLE) BIRTHDATE OR APPROX. AGE S ADDRESS Street City Zip TELEPHONE E \ / p PRESENT LOCATION OF VICTIM SCHOOL CLASS - GRADE H of V PHYSICALLY DISABLED? DEVELOPMENTALLY DISABLED? OTHER DISABILITY (SPECIFY) PRIMARY LANGUAGE Q- I❑ YES ❑ NO ❑ YES ❑ NO SPOKEN IN HOME U `•' y IN FOSTER CARE? IF VICTIM WAS IN OUT -OF -HOME CARE AT TIME OF INCIDENT, CHECK TYPE OF CARE: TYPE OF ABUSE (CHECK ONE OR MORE) c O ONES CI DAY CARE O CHILD CARE CENTER O FOSTER FAMILY HOME CI FAMILY FRIEND ❑PHYSICAL ❑MENTAL ❑SEXUAL ❑NEGLECT ❑ NO ❑ GROUP HOME OR INSTITUTION ❑ RELATIVE'S HOME ❑ OTHER (SPECIFY) RELATIONSHIP TO SUSPECT PHOTOS TAKEN? DID THE INCIDENT RESULT IN THIS ❑ YES Cl NO VICTIM'S DEATH? ❑ YES ❑ NO ❑ LINK NAME BIRTHDATE SEX ETHNICITY NAME BIRTHDATE - SEX ETHNICITY Z_ U 3. m co 2, 4. W NAME (LAST, FIRST, MIDDLE) BIRTHDATE OR APPROX. AGE SEX ETHNICITY cn Q Q ADDRESS Street City Zip HOME PHONE BUSINESS PHONE n- < ) ) W U � NAME (LAST, FIRST, MIDDLE) BIRTHDATE OR APPROX. AGE SEX ETHNICITY � Z J w 0 ADDRESS Street City Zip PHONE PHONE a ( HOME ( BUSINESS SUSPECT'S NAME (LAST, FIRST, MIDDLE) BIRTHDATE OR APPROX. AGE SEX ETHNICITY 0 f W a ADDRESS Street City Zip TELEPHONE cn U) ) OTHER RELEVANT INFORMATION IF NECESSARY, ATTACH EXTRA SHEETS) OR OTHER FORM(S) AND CHECK THIS BOX0 IF MULTIPLE VICTIMS, INDICATE NUMBER: z DATE / TIME OF INCIDENT PLACE OF INCIDENT _0 F'- Q NARRATIVE DESCRIPTION (What victim(s) said /what the mandated reporter observed /what person accompanying the victim(s) said /similar or past incidents involving the victim(s) or suspect) W 0 LL z_ F— z W v z LU SS 8572 (Rev. 12102) DEFINITIONS AND INSTRUCTIONS ON REVERSE DO NO submit a copy of this form to the Department of Justice (DOJ). The investigating agency is required under Penal Code Section 11169 to submit to DOJ a Child Abuse Invest Report Form SS 8583 if (1) an active investigation was conducted and (2) the inc was determined not to be un founded. WHITE COPY - Police or Sheriffs Department; BLUE COPY - County Welfare or Probation Department; GREEN COPY- District Attorney's Office; YELLOW COPY - Reporting Party