California Abuse and Neglect Reporting Act (CANRA)

In general, faculty members are not Mandated Reporters because they normally teach only enrolled University students.  However, a faculty member may meet the definition of a Mandated Reporter set forth in CANRA because of other duties performed by the individual.  For example, a faculty member may:

• Instruct minors in connection with an academic program, lab training, or other enrichment activity.
• Interact with high school students as part of a University internship or recruiting program.
• Conduct a research study that utilizes volunteers who may be minors.

Under the California Child Abuse and Neglect Reporting Act (CANRA), certain University employees are required to report known or reasonably suspected cases of child abuse or neglect.  Such employees are deemed to be “Mandated Reporters” and include, but are not limited to, the following positions:

• A teacher.
• An instructional aide or teacher’s assistant.
• An administrator or employee of a youth recreation program.
• An administrator or employee whose duties require direct contact and supervision of children.
• An administrator or employee whose duties bring the administrator or employee into contact with children on a regular basis, or who supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on the institution’s premises or at an official activity of, or program conducted by the institution.
• Child care employees.
• An employee of a police department or a peace officer.
• Members of the clergy.
• Any athletic coach, assistant coach, or graduate assistant involved in coaching.
• Health care professionals, including physicians, psychiatrists, psychologists, residents, nurses, therapists, clinical counselors, and similar workers.
• Students providing services on behalf of the University without compensation are not treated as Mandated Reporters under CANRA.  These individuals, however, are subject to the requirements contained in this Policy applicable to Mandated Reporters if their volunteer services involve contact with minors on a regular basis.  

For a complete list of all mandated reporters, see Section 11165.7(a) of CANRA.
 

Under CANRA, the following forms for child abuse or neglect must be reported:

• Physical injury inflicted by other than accidental means [CANRA Section 11165.6].
• Sexual abuse, meaning sexual assault or sexual exploitation of a child [CANRA Section 11165.1].
• Sexual exploitation, meaning depicting a child in, or knowingly developing, duplicating, printing, downloading, streaming, accessing through any electronic or digital media, or exchanging, a film, photograph, videotape, video recording, negative, or slide in which a child is engaged in an act of obscene sexual conduct [CANRA Section 11165.1(c,d)].
• 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 [CANRA Section 11165.2].

Child abuse does not include “mutual affray” between minors (e.g., fist-fights).

For additional information on reportable conduct, see CANRA Code Sections 11165.1-11165.6. 
 

As defined under CANRA, “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, when appropriate, 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; any "reasonable suspicion" will suffice.  The pregnancy of a minor, however, does not, in and of itself, constitute a basis for a reasonable suspicion of sexual abuse [CANRA Section 11166(a)(1)].

An individual who does not have contact with minors on a “regular basis” may not have to undergo training and fingerprinting.  Because the term “regular basis” is not defined under CANRA, questions regarding whether a particular individual would be treated as a Mandated Reporter or not should be referred to Risk Management, which will conduct a review of the job duties assigned to the position that involve contact with minors.

No.  If you are a Mandated Reporter, informing your supervisor does not meet your legal obligation to call local law enforcement, child protective services, or county welfare departments.  While you should promptly notify your supervisor, all employees, students, and volunteers who regularly work with minors are required to call local law enforcement, child protective services, or county welfare departments. If they reasonably suspect an occurrence of child abuse or neglect.

The certification mandate applies only to employees.  However, the University may utilize the certification form as a means of notifying volunteers of  statutory obligations and University expectations for reporting.  This approach is particularly encouraged for volunteers who otherwise regularly interact with children through University programs.  Volunteers do not have the same civil and legal penalties if there is a failure to report under CANRA, however; the University expects both to act as a Mandated Reporter.