The California Child Abuse and Neglect Reporting Act, California Penal Code §§ 11164-11174.3 ("CANRA" or the "Act"), identifies certain groups of employees as "Mandated Reporters" of child abuse and also imposes various obligations on and extends certain protections to those Mandated Reporters as well as their employers. As a covered employer, the California State University (CSU) is required to comply with the Act.
Apart from the legal obligations the Act imposes, it is the policy of the California State University to require all Management Personnel Plan employees and all volunteers, and to strongly encourage all other members of the CSU community who are not designated under the Act, to report child abuse and neglect occurring on CSU premises or at an official activity of, or program conducted by, the CSU.
Please Note! - In case of an emergency or if a crime is in progress, employees should always immediately call campus police or 911.
Who Is Considered A Child?
"Child" means a person under the age of 18 years.
How Do I Know if I Am A Reporter?
Human Resourceswill send an email to each individual identified as either a General Reporter or a Limited Reporter. Embedded in each letter will be a link to an "Acknowledgement" form which must be completed and returned to HR to be maintained in your file.
Who is a General Reporter? What is the Responsibility of a General Reporter?
"General Reporter" is a category of Mandated Reporter, defined by the CSU as those who are legally required to report child abuse or neglect no matter where it occurs. For the purposes of this policy, any employee who satisfies the criteria for both Limited Reporters and General Reporters will be designated as a General Reporter.
Upon notification that an individual is a General Reporter, an employee must complete and submit an "Acknowledgement of Mandated Reporter Status and Legal Duty to Report Child Abuse and Neglect) for General Reporters."
Who is a Limited Reporter? What is the Responsibility of a Limited Reporter?
"Limited Reporter" is a category of Mandated Reporter, in accordance with California Penal Code § 11165.7(a)(41), and defined by the CSU as those who are legally required to report child abuse or neglect only if it occurs on CSU premises or at an official activity of, or program conducted by, the CSU.
Individuals who volunteer on a CSU campus or with a CSU program are considered "Limited Reporters," a category of Mandated Reporter in accordance with California Penal Code § 11165.7(a)(41), and defined by the CSU as those who are legally required to report child abuse or neglect only if it occurs on CSU premises or at an official activity of, or program conducted by, the CSU.
Physical abuse, meaning physical injury other than by accidental means inflicted on a child (Penal Code § 11165.6)
Sexual assault, including sex acts with a child, intentional masturbation in the presence of a child, child molestation, and lewd or lascivious acts with a child under 14 years of age or with a child under 16 years of age if the other person is at least ten years older than the child (Penal Code § 11165.1(a)(b))
Sexual exploitation, including acts relating to child pornography, child prostitution, or performances involving obscene sexual conduct by a child (Penal Code § 11165.1(c))
Statutory rape involving sexual intercourse between a child under 16 years of age and a person 21 years of age or older, which is also a form of "sexual assault" (Penal Code §§ 261.5(d) and 11165.1(a))
Neglect meaning the negligent treatment or maltreatment of a child by a parent, guardian or caretaker under circumstances indicating harm or threatened harm to the child's health or welfare (Penal Code § 11165.2)
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 to be placed in a situation in which the child or child's health is endangered (Penal Code § 11165.3)
Unlawful corporal punishment, meaning a situation in which any person willfully inflicts upon a child cruel or inhuman corporal punishment or a physical injury (Penal Code § 11165.4)
What Do I Not Report?
The following are examples of what is not child abuse or neglect for reporting purposes:
Injuries caused by two children fighting during a mutual altercation (Penal Code § 11165.6)
An injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment (Penal Code § 11165.6)
Reasonable and necessary force used by public school officials to quell a disturbance threatening physical injury to person or damage to property, for self-defense, or to obtain Executive Order 1083, page 5 of 9 possession of weapons or other dangerous objects under a child's control (Penal Code § 11165.4)
Corporal punishment, unless it is cruel or inhuman or willfully inflicts a physical injury (Penal Code § 11165.4)
Not receiving medical treatment for religious reasons (Penal Code § 11165.2(b))
Acts performed for a valid medical purpose (Penal Code § 11165.1(b)(3))
An informed and appropriate medical decision made by a parent, guardian or caretaker after consultation with a physician who has examined the child (Penal Code § 11165.2(b))
Who Do I Call If I Have Questions?
If you have any questions please contact Michael Martin, AVP HRSRM, Diversity and Inclusion at (707) 654-1135.