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UCLA Policy  136: Reporting Child Abuse and Neglect

ISSUING OFFICER:  Executive Vice Chancellor & Provost

 

RESPONSIBLE OFFICE:  Office of the Executive Vice Chancellor & Provost  - Look Up Contact Person

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EFFECTIVE DATE:  August 4, 2014

SUPERSEDES:  New 


I. PURPOSE

This Policy implements the University’s Policy on Reporting Child Abuse and Neglect (RCAN), effective July 1, 2013, by establishing internal reporting requirement for UCLA Mandated Reporters and the process for identifying UCLA Mandated Reporters in order to comply with the California Child Abuse and Neglect Reporting Act (“CANRA”), California Penal Code §11164-11174.3.

This Policy applies to the following:
  • All UCLA Employees or Officials who are UCLA Mandated Reporters under this Policy or under CANRA; and all members of the University community who, though not UCLA Mandated Reporters, may observe, have knowledge of, or reasonably suspect Child Abuse or Neglect has occurred;

  • Supervisors of UCLA Mandated Reporters; and

  • Department heads and Senior Administrators, as defined herein.

II. DEFINITIONS

For the purposes of this Policy:

Child is any person under the age of 18 years.


Child Abuse or Neglect refers to any of the following:


  • Physical injury of a Child inflicted by other than accidental means, but does not include “mutual affray” (e.g. fist fights) between minors;
     
  • Sexual abuse, meaning sexual assault or sexual exploitation of a Child;

  • Neglect, meaning negligent treatment, unjustified lack of treatment, or 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, 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 to be placed in a situation in which the Child or Child’s health is endangered; or

  • Unlawful corporal punishment or injury willfully inflicted on a Child resulting in a traumatic condition.

For detailed definitions of what conduct might meet the definition of abuse or neglect under CANRA see, California Penal Code §11165.1-11165.6.


Employee is any individual who receives compensation through the University’s payroll system or holds a UCLA academic appointment.


Official (referred to as an “administrator” in CANRA) is any individual other than an Employee (e.g., an independent contractor or a volunteer) who supervises University activities, functions, or programs.

 

Senior Administrator is any Employee holding the title of Director or above, including, but not limited to the following: Chancellor, Vice Chancellors, Provosts, Vice Provosts, Deans, Associate or Assistant Vice Chancellors, Associate Deans, Assistant Deans, Department Chairs, Division Chiefs, Chief Executive Officers, Executive Directors, and Directors.

 

Student is any individual who is enrolled in or registered with any UCLA academic degree program or otherwise registered in any course.


UCLA Health is the Ronald Reagan UCLA Medical Center, Mattel Children’s Hospital UCLA, Santa Monica UCLA Medical Center & Orthopaedic Hospital, UCLA’s Resnick Neuropsychiatric Hospital, and the Licensed Clinics, David Geffen School of Medicine and UCLA Faculty Practice Group.


III. POLICY STATEMENT

In coordination with the appropriate human resources office, department heads shall identify in writing UCLA Mandated Reporters within their area of responsibility and notify UCLA Mandated Reporters of their responsibilities. UCLA Mandated Reporters, whether or not formally designated, are responsible for complying with CANRA and this Policy.

A UCLA Employee or Official or other position at UCLA who, by virtue of his or her licensure or profession has a duty to report under CANRA or who, within the scope of his or her employment or other position at UCLA, whose duties bring him or her into direct and regular contact with a Child, shall be considered a “UCLA Mandated Reporter” for the purposes of this Policy. Any UCLA Mandated Reporter, who observes, has actual knowledge of, or reasonably suspects Child Abuse or Neglect has occurred, shall report the matter externally as required by CANRA and report internally as required by this Policy.

All other members of the UCLA community who observe, have actual knowledge of, or reasonably suspect Child Abuse or Neglect on University premises, at an activity of or program conducted by the University, or perpetrated by University personnel are strongly encouraged to report the matter promptly, as set out in this Policy.

A. Identification of UCLA Mandated Reporters

Each department head or designee shall identify job classifications and individual Employees and Officials who are UCLA Mandated Reporters. With respect to individual Employees and Officials that are UCLA Mandated Reporters, each department head or designee shall complete the “UCLA Mandated Reporter Identification Form” (Attachment A). Campus Human Resources and the Academic Personnel Office, in consultation with UCLA Office of Legal Affairs, shall assist department heads with this task. Department heads at UCLA Health are exempt from completing Attachment A and are subject to local procedures applicable to their areas of responsibility.


Department heads shall require UCLA Mandated Reporters to complete the “UCLA Mandated Reporter Acknowledgement Statement” (Attachment B), prior to and as a condition of employment, whether at time of initial hire or transfer to a new position. An existing UCLA Mandated Reporter who has not previously signed that form must do so within thirty (30) days of identification.


All Employees and Officials of UCLA Health are Mandated Reporters and shall complete the Mandated Reporter Acknowledgment Statement provided to them by the UCLA Health Human Resources Office.

Both the completed Identification Form and Acknowledgement Statement shall be submitted to the appropriate human resources representative and a copy retained in the Employee’s personnel or other appropriate department file.


B. UCLA Mandated Reporter Categories


UCLA Mandated Reporters include the following:


  • Employees, Offcials and other positions at UCLA, who by virtue of his or her licensure or profession has a duty to report under CANRA;

  • Individuals, who within the scope of his or her employment or other postion at UCLA, whose duties bring them into regular and direct contact with a Child (but not including faculty or instructors whose only contact with a Child is teaching a class);

  • Researchers whose projects include a Child in activities that are on University premises, or at an activity or program conducted by the University;

  • Law enforcement and public safety professionals, including University police officers, police department Employees, and fire marshals;

  • Licensed healthcare professionals and residents/trainees/interns who are in training to become licensed healthcare professionals;

  • Employees and Officials of UCLA Health;

  • Teachers, aides, counselors, and administrators at K-12 schools, including, the UCLA Lab School;

  • Licensees, contractors, caretakers, and administrators at preschools, community care, and child day care centers, including, but not limited to, the Krieger Center, Fernald Center, University Village Center, Infant Development Program, UCLA Westwood Child Care Center, and University Parents Nursery School;

  • Administrators and counselors at day camps, summer camps, etc. where children attend, reside, or otherwise participate, including, the Lake Arrowhead Conference Center & Bruin Woods Family Resort;

  • Coaches, trainers, managerial and professional staff, and assistants in University-sponsored athletic or recreational activities in which a Child participates, including the Department of Intercollegiate Athletics and UCLA Recreation & Campus Life;

  • Employees or Officials engaged in theater and film production in which a Child participates;

  • Direct supervisors of UCLA Mandated Reporters; and
     
  • Employees or Officials who accompany Students, under 18, for educational or travel programs, including study abroad.

For a summary of Mandated Reporter categories, see Attachment C.


C. Child Abuse or Neglect Reporting Requirements


Any UCLA Mandated Reporter who observes, has actual knowledge of or reasonably suspects that Child Abuse or Neglect has occurred shall report the matter externally as required by CANRA and report internally as required by this Policy.


When two or more UCLA Mandated Reporters jointly have a duty to report a matter, the Reporters may agree among themselves whereby one of them is selected to make the telephone report and a single written external report and (if required) internal report. The selected UCLA Mandated Reporter shall provide copies of the reports to the other UCLA Mandated Reporters.


1. External Report


A UCLA Mandated Reporter shall report Child Abuse or Neglect to designated agencies immediately via telephone and then file a written report with the same agency as soon as possible but within 36 hours, as provided in the following table.

Failure to make the required external report may subject the UCLA Mandated Reporter to criminal penalties under CANRA.

External Reports

Reporting Process

Designated Reporting Agencies

Agencies designated under CANRA to receive such reports include local police (including UCLA Police Department) and sheriff’s departments, county welfare departments, and Child Protective Services agencies (see current list of Child Protective Services hotlines across California).

For Los Angeles County you may contact the Child Protection Hotline 24 hours a day, 7 days a week

  • Toll-fee within California, (800) 540-4000

  • From outside California, (213) 639-4500

  • TDD [Hearing impaired], (800) 272-6699

Reporting to UCLA Police Department

For Child Abuse or Neglect incidents that occurred on campus or University owned property, the UCLA Police Department is a designated reporting agency and can be reached at (310) 825-1491.

Note: A telephone report and follow-up written report to UCLA Police Department will satisfy this external reporting requirement.

UCLA Health Employees & Officials

The external reporting procedures for all Employees and Officials of UCLA Health are governed by the external reporting procedures of Hospital System Policy 1303.

Written Report

Within 36 hours after the initial telephone report, a written report shall be submitted to the same agency.

The report may be completed on the designated California Attorney General Form 8572.

The written report shall include:

  • Name, business address, and telephone number of the UCLA Mandated Reporter;

  • Capacity that makes the person a UCLA Mandated Reporter;

  • Information that gave rise to the reasonable suspicion of Child Abuse or Neglect and the source(s) of that information;

  • If known, information about the Child, including: the Child’s name and address, present location, and, if applicable, school, grade, and class, and names, addresses, and telephone numbers of the Child’s parents or guardians; and

  • If known, name, address, telephone number, and other relevant personal information about the individuals suspected of Child Abuse or Neglect.

An external report must be made even if some of the above information is unknown or uncertain at the time of report.


2. The University Internal Report

In addition to an external report, a UCLA Mandated Reporter shall make an internalreport to the University, subject to the exceptions in the table below.

Failure to make the required internal report may result in disciplinary action under University policies or, as applicable, collective bargaining agreements.

 

Internal Reports

Reporting Process

Designated Reporting Method

The internal report shall be made promptly to one of the following:

  • University Compliance Hotline at 800-403-4744 or www.universityofcalifornia.edu/hotline and may be made anonymously; or

  • Supervisor or Senior Administrator, who in turn shall report the matter immediately to the University Compliance Hotline.

Note: An external report to the UCLA Police Department does not satisfy this internal report requirement.

Information to be Reported

The internal report should include:

  • Information that gave rise to the reasonable suspicion of Child Abuse or Neglect and the source(s) of that information;

  • If known, information about the Child, including: the Child’s name and address, present location, and, if applicable, school, grade, and class, and names, addresses, and telephone numbers of the Child’s parents or guardians; and

  • If known, name, address, telephone number, and other relevant personal information about the individuals suspected of Child Abuse or Neglect.

Internal reports to the University Compliance Hotline may be made anonymously, although they may include the name, business address and telephone number of the UCLA Mandated Reporter and capacity that makes the person a UCLA Mandated Reporter.

You can satisfy the internal reporting duty by submitting a copy of your external report to your supervisor, Senior Administrator or the University Compliance Hotline.

Exceptions to the University Internal Report

This internal reporting duty does not apply to UCLA Mandated Reporters in the following healthcare-related circumstances:

  • All Employees and Officials of UCLA Health, Ashe Center Student Health and Student Counseling and Psychological Services facilities, and Psychology Department and clinical services. However, such Mandated Reporters must comply with any internal reporting obligations required by their facilities’ local policies or bylaws and any additional reporting obligations required by the California Department of Public Health, The Joint Commission, and other agencies and organizations. See UCLA Hospital System Policy 1303, Child Abuse – Management and Reporting of Suspected Cases.

  • Clinicians or staff in connection with the provision of mental health services through Faculty and Staff Assistance Programs; or

  • Victim advocates employed by or volunteering in campus resource or advocacy centers who observe or suspect Child Abuse or Neglect in connection with their confidential work as advocates.


3. Other State Reporting Requirements

The California Penal Code requires that any individual who has witnessed the murder of, rape of, or lewd or lascivious act upon a Child under 14 years must notify local law enforcement. Failure to so notify may result in criminal penalties.

4. Recommended Reporting By Non-Mandated Reporters

All other members of the UCLA community, who observe, have actual knowledge of, or reasonably suspect Child Abuse or Neglect on University premises, at an activity of or program conducted by the University, or perpetrated by University personnel are strongly encouraged to promptly report the matter as set out in this Policy.

IV. ROLES & RESPONSIBILITIES

A. Campus / UCLA Health Human Resources and the Academic Personnel Office

Campus Human Resources and the Academic Personnel Office in consultation with the Office of Legal Affairs will assist department heads in identifying UCLA Mandated Reporters.

UCLA Health Human Resources identifies all UCLA Health Employees and Officials as UCLA Mandated Reporters and will obtain the UCLA Health Mandated Reporter Acknowledgement Statement from their Employees and Officials.

B. Insurance and Risk Management (IRM)

In coordination with Campus and UCLA Health Human Resources and the Academic Personnel Office, IRM will communicate the availability of training obligations for UCLA Mandated Reporters and other members of the University community.

C. Department Heads

In consultation with Campus Human Resources or the Academic Personnel Office, department heads are responsible for:

  1. Identifying Employees and Officials who are UCLA Mandated Reporters associated with the department, and completing the UCLA Mandated Reporter Identification Form;

  2. Obtaining the UCLA Mandated Reporter Acknowledgement Statement from Employees who are UCLA Mandated Reporters associated with the department;

  3. Providing UCLA Employees and Officials who are UCLA Mandated Reporters with a hard copy or web link to UCLA Policy 136 and CANRA sections 11165.7, 11166, and 11167; and

  4. Ensuring that UCLA Mandated Reporter’s training is made available to the department’s UCLA Mandated Reporters.

 

D. Administrative Policies and Compliance Office

 

The Administrative Policies and Compliance Office will be responsible for forwarding in writing and within twenty-four (24) hours, University Compliance Hotline reports on Child Abuse and Neglect to the following:

 

  1. UCLA Police Department Investigations Lieutenant and/or any external law enforcement authority, who will determine the appropriate action for further investigation and handling; and

  2. UCLA Office of Legal Affairs or UCLA Health Office of Legal Affairs.

V. PROTECTIONS FOR REPORTERS

The University will defend and indemnify University Employees in any civil action arising from their good faith report of Child Abuse or Neglect required or encouraged under this Policy. CANRA provides immunity from liability and other protections to all UCLA Mandated Reporters of Child Abuse or Neglect. For other reporters, CANRA provides immunity unless it is determined that a false report was made and the individual knew the report was false or made with reckless disregard of the truth.


No one may impede or inhibit a UCLA Mandated Reporter’s compliance with this Policy, or impose any sanction on any person for making a good-faith report under CANRA or this Policy. The University’s Whistleblower Protection Policy, including provisions regarding retaliation, applies in this context.


VI. REFERENCES

  1. Child Abuse and Neglect Reporting Act, California Penal Code “CANRA” §11164-11174.3

  2. UC Reporting Child Abuse and Neglect Policy

  3. UC Whistleblower Policy

  4. UC Whistleblower Protection Policy

  5. UC Compliance Hotline: 800-403-4744 or www.universityofcalifornia.edu/hotline

  6. UCLA Hospital System Policy HS1303, Child Abuse – Management and Reporting of Suspected Cases

 

A. UCLA Mandated Reporter Identification Form

B. UCLA Mandated Reporter Acknowledgement Statement

C. Mandated Reporter Categories in CANRA

D. Frequently Asked Questions

 

 ISSUING OFFICER

 

 /s/ Scott L. Waugh

 

 

 Executive Vice Chancellor & Provost

 

 

 

 




Questions should be directed to the Contact for the Responsible Office identified at the top of this procedure.


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