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HomeMy WebLinkAbout047-2014RESOLUTION NO. 47-2014 ADOPTING AMENDMENT NO.1 TO 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 adopted the Child Abuse and Neglect Mandated Reporter Policy on January 14, 2014 to ensure that appropriate Town employees are aware of their obligations under State law and Town policy; and WHEREAS, the Town of Danville seeks to clarify the role of independent contractors, increase the Town's mandated reporter training frequency from once every other year to once every year, and require that all volunteers supervising children without staff present be trained as mandated reporters; 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 July 1, 2014 by the following vote: AYES: Storer, Doyle, Arnerich, Morgan, Stepper NOES: None ABSTAINED: None ABSENT: None , A4AYOR APPROVED AS TO FORM: CITY ATTORNEY Town of Danville AMENDMENT NO.1 TO THE 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 Neglect 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 r.ca. o�= site3s a:l.l files �dfs childabczse 8572 instr.c t. c.f • Form SS 8572 (Appendix D): _ 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). The Town requires that all independent contractors who have direct contact with or supervise children are notified of the mandated reporter responsibilities of the Town and are provided a copy of this policy. Independent contractors are not Town mandated reporters because Town staff cannot reasonably ensure that the private contractors' employees complete the Town's training and requiring contractors to complete training through the Town is inconsistent with rules distinguishing independent contractors from Town employees. Page 4 Town of Danville 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 year thereafter. The Town requires that mandated reporters receive training once every year. 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. 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. Amendment No. 1 adopted by the Danville Town Council on July 1, 2014. Page 5