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					Department of Rehabilitation                                  RFP 5160-46
Bidders Library                                  Electronic Records System
              Rehabilitation Administrative Manual
 OTHER CONSUMER-RELATED SERVICES, CERTIFICATIONS,
       AND MANDATED REPORTING RESPONSIBILITIES
Chapter 34                                         Exhibit C
           SUSPECTED CHILD ABUSE OR NEGLECT

    Who is a Mandated Reporter of Suspected Child Abuse or
     Neglect?
    Other Reporting Obligations Based on License or Occupation
    Training for Mandated Reporters of Suspected Child Abuse or
     Neglect
    Confidentiality for Mandated Reporters
    Contact DOR Legal Office If Any Questions Arise Regarding
     Reporting Suspected Child Abuse or Neglect
    Who Is A Child?
    Is There an Individual Duty to Report Suspected Child Abuse or
     Neglect?
    DOR Duty to Protect Consumer Confidentiality
    What Should Be Done Before Making a Mandated Report of
     Suspected Child Abuse or Neglect?
    When Must a Mandated Report of Suspected Child Abuse and
     Neglect Be Made?
    Reporting to an Employee is Not a Substitute for a Mandate
     Report
    What Is A Reasonable Suspicion of Child Abuse or Neglect?
    Forms of Child Abuse and Neglect That Are Not Subject to
     Mandated Reporting
    Extensive DOR Investigation is Unnecessary
    Examples of Instances Requiring a Report
    Where Is a Mandated Report of Suspected Child Abuse or
     Neglect Made?
    How Is a Mandated Report of Suspected Child Abuse or Neglect
     Made?
    Immediate Telephone Report of Suspected Child Abuse or
     Neglect
    Mandatory Written Report of Suspected Child Abuse or Neglect
     Within 36 Hours
    Case Documentation
    Unsuitable Home or Institution in Which a Child Resides
    Potential Liability for Mandated Reporters of Suspected Child
     Abuse or Neglect
Department of Rehabilitation                                     RFP 5160-46
Bidders Library                                     Electronic Records System
               Rehabilitation Administrative Manual
     OTHER CONSUMER-RELATED SERVICES, CERTIFICATIONS,
         AND MANDATED REPORTING RESPONSIBILITIES


     Protections for Mandated Reporters
     Potential Limitations of Immunity
     Discretionary Reports of Suspected Child Abuse or Neglect
     What Should Be Done Before Making a Discretionary Report of
      Suspected Child Abuse or Neglect?
     Protections for Discretionary Reporters of Suspected Child Abuse
      or Neglect
     Potential Liability for Discretionary Reporters of Suspected Child
      Abuse or Neglect


Who is a Mandated Reporter of Suspected Child Abuse or
Neglect?

DOR employees in certain occupations are mandated to report child
abuse or neglect, if in their professional capacity or within the scope
of their employment, they suspect such abuse or neglect. These
employees include:

a)     Employees of the Department whose duties require direct
       contact and supervision of children, such as employees who
       work with Transition Partnership Programs (TPP) or other
       similar programs that work with transitional aged students, and

b)     Any DOR employee who falls into any of the following
       occupational categories within the Department:
           Physicians
           Psychiatrists
           Psychologists and psychological assistants
           Teachers, including:
                 Teacher - Orientation Center for the Blind - Typing
                  & Braille
                 Teacher - Orientation & Mobility for the Blind
                 Teacher - Home Economics



Chapter 34 - Exhibit C                                             Page 2
Department of Rehabilitation                                      RFP 5160-46
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  OTHER CONSUMER-RELATED SERVICES, CERTIFICATIONS,
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                Vocational Instructor - Computer & Related
                 Technologies
                Teacher - Business Education
                Vocational Instructor - Industrial Arts
                Instructional Aides
           Dentists
           Licensed nurses
           Optometrists
       See Penal Code 11165.7.

Other Reporting Obligations Based on License or Occupation

The above list reflects occupations employed by the Department.
There may be a separate reporting obligation based on the mandated
reporter’s license or occupation even if the reporter is not employed
by the Department in that occupation (i.e., a DOR employee who is
licensed as a marriage and family therapist). For further information
regarding separate reporting obligations, the mandated reporter
should consult the statute, licensing agency or association, and/or
outside legal counsel.

Training for Mandated Reporters of Suspected Child Abuse or
Neglect

DOR is strongly encouraged to provide employees who are
mandated reporters with training in their child abuse and neglect
reporting duties, including training in identification of child abuse and
neglect. See Penal Code 11165.7(C).

Confidentiality for Mandated Reporters

The identity of a mandated reporter who reports suspected child
abuse or neglect is confidential, with certain exceptions. A
representative of a child protective services agency performing an
investigation that results from a report of suspected child abuse or


Chapter 34 - Exhibit C                                              Page 3
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  OTHER CONSUMER-RELATED SERVICES, CERTIFICATIONS,
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neglect must advise the individual of the complaints or allegations
against him or her, in a manner consistent with laws protecting the
identity of the reporter. See Penal Code 11167(e).




Chapter 34 - Exhibit C                                           Page 4
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Contact DOR Legal Office If Any Questions Arise Regarding
Reporting Suspected Child Abuse or Neglect

For protection of the reporter and the Department, contact the
Department’s Legal Office for assistance if there are any questions
regarding reporting status as a Department employee.

Who Is A Child?

A child is a person under the age of 18 years. See Penal Code
11165.

Is There an Individual Duty to Report Suspected Child Abuse or
Neglect?

Each mandated reporter has an individual duty to report under
specified circumstances. No supervisor or administrator may impede
or inhibit the reporting duties. See Penal Code 11166(i)(1) and
11166.01.

DOR Duty to Protect Consumer Confidentiality

The Department is required by federal law to protect the
confidentiality of consumer information, and may only disclose
confidential information, including the fact that the individual is an
applicant for or consumer of DOR services, when required or
permitted by law. See 34 CFR 361.38 and Title 9 CCR 7142.

What Should Be Done Before Making a Mandated Report of
Suspected Child Abuse or Neglect?

The Department, as an employer, has the right to establish internal
procedures that are consistent with law, for employees to follow in
making reports. See Penal Code 11166(i)(1).



Chapter 34 - Exhibit C                                               Page 5
Department of Rehabilitation                                        RFP 5160-46
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               Rehabilitation Administrative Manual
     OTHER CONSUMER-RELATED SERVICES, CERTIFICATIONS,
         AND MANDATED REPORTING RESPONSIBILITIES


Therefore, before making a mandated report of suspected abuse or
neglect of a child to an outside agency, it is highly recommended that
mandated reporters of suspected child abuse and neglect:

a)     Notify their supervisor, or other district supervisor in the
       absence of that supervisor, and

b)     Contact the DOR Legal Office for guidance, to ensure that any
       changes in the law that may affect mandated reporter status or
       the obligation to report are followed.

When Must a Mandated Report of Suspected Child Abuse and
Neglect Be Made?

Mandated reporters of child abuse or neglect, must make a report
whenever, in their professional capacity or within the scope of their
employment, they have knowledge of or observe a child whom they
know or reasonably suspect has been the victim of child abuse or
neglect. See Penal Code 11166(a).

Reporting to an Employee is Not a Substitute for a Mandate
Report

Reporting the information regarding a case of possible child abuse or
neglect to an employer, supervisor, coworker or other person is not a
substitute for making a mandated report. See Penal Code
11166(i)(3).

What Is A Reasonable Suspicion of Child Abuse or Neglect?

"Reasonable suspicion" means that it is objectively reasonable to
entertain a suspicion based upon facts that could cause a reasonable
person in like position, drawing, when appropriate, on his or her
training or experience, to suspect child abuse or neglect. See Penal
Code 11166(a)(1).


Chapter 34 - Exhibit C                                                Page 6
Department of Rehabilitation                                     RFP 5160-46
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            Rehabilitation Administrative Manual
  OTHER CONSUMER-RELATED SERVICES, CERTIFICATIONS,
      AND MANDATED REPORTING RESPONSIBILITIES


"Child abuse or neglect" includes physical injury inflicted by other
than accidental means upon a child by another person, sexual abuse,
neglect, willful harming or injuring of a child or the endangering of the
person or health of a child and unlawful corporal punishment or injury.
See Penal Code 11165.6.

For the legal definitions of child abuse and neglect, please refer to
relevant Penal Code Sections:
     Sexual abuse – Section 11165.1
     Neglect – Section 11165.2
     Willful harming or injuring of a child or the endangering of the
      person or health of a child – Section 11165.3
     Unlawful corporal punishment or injury – Section 11165.4
     Abuse or neglect in out-of-home care – Section 11165.5
     Child Abuse – Section 11165.6

Forms of Child Abuse and Neglect That Are Not Subject to
Mandated Reporting

Please note that only those categories of abuse stated above are
mandated to be reported. The law also defines abuse to include
mental or other emotional suffering. These forms of abuse are not
subject to mandated reporting. See Penal Code 11166.05.

Extensive DOR Investigation is Unnecessary

It is not necessary to engage in extensive investigation to verify
whether abuse did in fact occur. Such investigation is to be
conducted by the agency receiving the report. However, a report
should not be made absent actual knowledge or a reasonable
suspicion that abuse has occurred.

Examples of Instances Requiring a Report




Chapter 34 - Exhibit C                                             Page 7
Department of Rehabilitation                                 RFP 5160-46
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            Rehabilitation Administrative Manual
  OTHER CONSUMER-RELATED SERVICES, CERTIFICATIONS,
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The following are a few examples of instances requiring mandated
reports of suspected child abuse or neglect. These examples are
not exhaustive.




Chapter 34 - Exhibit C                                         Page 8
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      A 16-year-old consumer with a developmental disability and
       depression describes to her TPP SVRC that her stepfather has
       engaged in sexual contact with her.

      A medical consultant becomes aware, through a conversation
       with a DOR SVRC, that a 17-year-old consumer disclosed that
       she is being hit by a relative.

Where Is a Mandated Report of Suspected Child Abuse or
Neglect Made?

Reports of suspected child abuse or neglect are made to any:
    Police department;
    Sheriff’s department (not including a school district police or
     security department);
    County probation department (if designated by the county to
     receive mandated reports); or
    County welfare department.
See Penal Code 11165.9.

How Is a Mandated Report of Suspected Child Abuse or Neglect
Made?

A report of suspected child abuse or neglect is made by telephone
immediately or as soon a practically possible, followed by a written
report. If after reasonable efforts a mandated reporter is unable to
submit an initial report by telephone to the agency called, the reporter
shall call another agency listed in RAM 34310 to assure a timely
report.

Immediate Telephone Report of Suspected Child Abuse or
Neglect

Mandated reports of suspected child abuse or neglect include:



Chapter 34 - Exhibit C                                             Page 9
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    OTHER CONSUMER-RELATED SERVICES, CERTIFICATIONS,
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      the name, business address, and telephone number of the
       mandated reporter;
      the capacity that makes the person a mandated reporter;
      the child's name and address, present location, where
       applicable, school, grade, and class;
      the names, addresses, and telephone numbers of the child's
       parents or guardians;
      the information that gave rise to the reasonable suspicion of
       child abuse or neglect;
      the source or sources of that information; and
      the name, address, telephone number, and other relevant
       personal information about the person or persons who might
       have abused or neglected the child.
      Information on unsuitable home or institutional conditions.

The mandated reporter shall make a report even if some of this
information is not known or is uncertain to him or her. See Penal
Code 11166, 11167(a).

Mandatory Written Report of Suspected Child Abuse or Neglect
Within 36 Hours

A written follow-up report must be made within 36 hours of receiving
the information concerning the incident by completing and mailing the
Department of Justice form SS8572 - Suspected Child Abuse Report.
See Penal Code 11166(a) and 11168.

      A copy of the SS8572 - Suspected Child Abuse Report
       reporting form can be printed from
       http://www.ag.ca.gov/childabuse/pdf/ss_8572.pdf or obtained
       from the local county welfare, social services, or child protective
       services agency office.




Chapter 34 - Exhibit C                                             Page 10
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      The original report of suspected child abuse or neglect is sent,
       fax, or electronically transmitted to the agency that received the
       telephone report. A copy is maintained for future reference.




Chapter 34 - Exhibit C                                             Page 11
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Case Documentation

Mandatory reporters are encouraged to complete a case note and
place a copy of the report in the consumer’s file. See Title 9 CCR
7142.

Unsuitable Home or Institution in Which a Child Resides

Any mandated reporter who knows or reasonably suspects that the
home or institution in which a child resides is unsuitable for the child
because of abuse or neglect of the child shall bring the condition to
the attention of the agency to which, and at the same time as, he or
she makes a report of the abuse or neglect. See Penal Code
11166(f).

Potential Liability for Mandated Reporters of Suspected Child
Abuse or Neglect

Any mandated reporter who fails to report an incident of known or
reasonably suspected child abuse or neglect, or any supervisor or
administrator who impedes or inhibits a mandated report, is guilty of a
misdemeanor punishable by confinement in jail and/or a fine. If the
mandated reporter intentionally conceals his or her failure to report an
incident, the failure to report is a continuing offense. See Penal Code
11166((c) and 11166.01.

Protections for Mandated Reporters

No mandated reporter shall be civilly or criminally liable for making
any required or authorized mandated report. See Penal Code
11172(a).

Potential Limitations of Immunity

Despite this legal immunity, the possibility exists that claims or
lawsuits may be brought against mandated reporters based upon

Chapter 34 - Exhibit C                                             Page 12
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required or authorized reports. A mandated reporter who makes
such a report in the course and scope of his employment with the
Department generally will be entitled, upon request, to a defense
provided by the Department.

In other cases, to the extent a mandated reporter incurs costs as a
result of a required or authorized report, the State Victim
Compensation and Government Claims Board is authorized to review
and approve payment for claims from mandated reporters for
reasonable attorney fees and costs incurred in defending such
actions up to the maximum statutory amount. See Penal Code
11172.

Discretionary Reports of Suspected Child Abuse or Neglect

Individuals who are not mandated reporters but who know of or
reasonably suspect an instance of child abuse or neglect may make a
discretionary report of suspected child abuse or neglect. See Penal
Code 11166(e).

What Should Be Done Before Making a Discretionary Report of
Suspected Child Abuse or Neglect?

Because of applicable confidentiality requirements, before making a
discretionary report of suspected child abuse or neglect, discretionary
reporters are required to:
a)    Notify their supervisor, or other district supervisor in the
      absence of that supervisor, and
b)    Contact the DOR Legal Office for guidance regarding the law.

Protections for Discretionary Reporters of Suspected Child
Abuse or Neglect

Discretionary reporters reporting a known or suspected instance of
child abuse or neglect are protected from potential civil or criminal
liability for making such report unless the report was knowingly false

Chapter 34 - Exhibit C                                           Page 13
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or made with reckless disregard for the truth or falsity of the report.
See Penal Code 11172.




Chapter 34 - Exhibit C                                             Page 14
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Discretionary reporters are not required to include their names in a
report. See Penal Code 11167(e).

Potential Liability for Discretionary Reporters of Suspected
Child Abuse or Neglect

Please be aware that an anonymous report could still result in a claim
that the report was untrue, if the circumstances suggest that a DOR
employee made the report. Any individual making an anonymous
report must exercise care to assure that any report is accurate and
authorized by law, including applicable confidentiality requirements.




Chapter 34 - Exhibit C                                           Page 15

				
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