Find out exactly who at your church is a mandated reporter and what they MUST do if abuse is discovered. Did you know there is a new law in California that redefines who is a mandated reporter? This affects all youth ministries and churches with schools across the state. Do you know California AB 1432 and what to do when abuse happens?
Our mandated reporting guide, which we developed especially for California churches like yours has the answers you're looking for.
Find out more about:
· What a mandated reporter is in the State of California
· Who qualifies as a mandated reporter
· What, exactly, is child abuse?
· What your church is responsible for
· How to make a report
· Tools you can use to help make reporting easier and safer
· And more ...
2024: The FAR, Federal Acquisition Regulations - Part 28
Mandated Reporting In California: A Guide For Churches
1. & Preventing The Risk of Child Abuse & Neglect
Mandated Reporting In California
2. Child Abuse & Neglect
• According to Child Maltreatment 2009, the most recent
report of data from the National Child Abuse and Neglect
Data System (NCANDS), around 3.6 million reports of
suspected abuse or neglect were filed in California. Of
those reported, 20% were found to be substantiated. That
means approximately 720,000 children were found to be
victims of child abuse or neglect in 2009.
• The types of abuse included:
o Physical abuse
o Neglect
o Sexual abuse
o Some forms of emotional abuse
3. What Is A Mandated Reporter?
• A mandated reporter is a person who is required by law to
report any cases or suspected cases of abuse or neglect to
legal authorities.
• Most mandated reporters work in positions that involve
contact with children.
• The state of California requires individuals
to report cases or suspected cases of child
abuse or neglect to their county
child welfare department or local law
enforcement agency.
Source: http://www.mandatedreporterca.com/faq/faq.htm
4. California Assembly Bill 1432
For Churches, California AB 1432 defines a "mandated
reporter” as the following:
• (32) A clergy member, as specified in subdivision (d)
of Section 11166. As used in this article, “clergy
member” means a priest, minister, rabbi, religious
practitioner, or similar functionary of a church,
temple, or recognized denomination or organization.
• (33) Any custodian of records of a clergy member, as
specified in this section and subdivision (d) of Section
11166.
Source: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1432
5. Areas of Church Responsibility
• Reporting Guidelines
• Negligent Hiring or Selection of Volunteers
• Negligent Supervision of Volunteers
• Negligent Training
• Prevention of Physical and Sexual Abuse by Staff or
Other Youth
6. Reporting Abuse & Neglect
• Reports cannot be anonymous.
• Reports cannot be made to supervisors in order to release you from
the obligation of filing a report.
• Supervisors can partner with you to file a single report, rather than
two.
• Supervisor disagreements with the suspicion mean you must report
on your own.
• Absolute immunity is provided for mandated reporters, per Penal
Code 11172(a), from state criminal or civil liability for reporting as
required – even if no abuse or neglect is found.
Source: http://www.mandatedreporterca.com/faq/faq.htm
• Photographic evidence can be taken of suspected
injuries due to suspected neglect or abuse.
“Mandated reporters may take photos or obtain
x-rays without parental consent, but only for
purposes of documenting or investigating child
abuse or neglect.”
7. Who Must Report
• Clergy (including priests, ministers, rabbis, religious
practitioners, or similarly functionary of a church, temple or
recognized denomination or organization.)
• Day Camp or Child-Care Providers (including public or
private: administrators, licensees & employees of any youth
center, youth recreational program, youth organization,
licensed community care or child day care facility.)
• Anyone whose duties require direct contact and supervision
of children.
8. When To Report
Reporting laws require a report be made when a mandated reporter has a
“reasonable suspicion” of abuse.
This criterion is intended to ensure that a maximum number of abused
children are identified and protected.
It is important to understand that, legally speaking, clergy members only
need reasonable suspicion rather than hard evidence or proof to report
suspected child abuse.
Judging what constitutes a “reasonable suspicion” in practice, however, can
be difficult. In the absence of clear physical signs or verbal
reports of abuse, clergy must rely on their knowledge of
child abuse indicators and experience interacting with
children and families to determine when a report should
be made.
9. Making A Report
• Mandated reporters must report to a county child
welfare department or to local law enforcement (police
or sheriff’s department) immediately by phone. A list
of reporting numbers can be found online, here:
http://www.hwcws.cahwnet.gov/countyinfo/county_c
ontacts/hotline_numbers.asp
• A written report must then be sent within 36 hours by
fax, or it may be sent by electronic submission, if a
secure system has been made available for that
purpose in your county. Written reports must be
submitted on the California Suspected Child Abuse
Report Form 8572. This form can be downloaded
at http://ag.ca.gov/childabuse/pdf/ss_8572.pdf.
Source: http://www.mandatedreporterca.com/faq/faq.htm
10. Making A Report In SB County
1. Call the Child Abuse Hotline at 909-384-
9233(San Bernardino area) or 1-800-827-8724
(outside of San Bernardino).
2. Complete a Suspected Child Abuse Report (SS
8572 Rev 12/02) per child that you report and
fax it to 909-891-3545 or 909-891-3560. Or:
Mail the form attention: Child Abuse Hotline, PO
Box 6083, San Bernardino CA 92412.
Source: http://www.mandatedreporterca.com/faq/faq.htm
13. What Would You Do? Vignette #1
Colin, a student in your sixth-grade Sunday School Class, has recently
become withdrawn and appears depressed.
Although he used to participate actively in discussions and homework
assignments, you notice that he no longer volunteers and his assignments
are usually incomplete or poorly done.
You talk with him privately about the changes you have noticed, and ask him
whether there is anything that is making him angry or unhappy.
He tells you that since his step-father lost his job, he is always irritable,
yelling at Colin and hitting him for no apparent reason.
He shows you a bruise on his back that he says was caused
by his stepfather hitting him with a belt.
What should you do?
14. What To Do. Vignette #1
Based on this information, you are mandated to
report suspected child abuse as Colin has both made
a verbal disclosure of abuse and has a visible injury.
In this example, Colin has an observable injury.
However, it is not necessary to observe injuries to
report.
15. Areas of Negligence
• Negligent Selection
• Negligent Retention
• Negligent Supervision
16. Prevention
Meet the Standards Set by Other Youth Serving
Organizations:
• Schools
• YMCAs
• Boys & Girls Clubs
• Other Churches
18. Center for Disease Control Guidelines
The Goals:
• Select the best possible people for staff and
volunteer positions
• Screen out individuals who have sexually
abused youth
• Screen out those who are at risk to abuse
19. CDC Guidelines: Who To Screen
• Screen all applicants, both adults and adolescents,
for all positions that will have contact with youth.
• Consider more in-depth written applications and
personal interviews for adolescents, for whom work
history and criminal background checks may be
unavailable.
• Rigorously screen applicants who will have more
autonomy as employees or volunteers.
• Do not make exceptions for people you
know or have worked with in the past.
20. CDC Guidelines: Critical Strategies
• Education about your organization & youth
protection policies
• Written Application
• Personal Interview
• Reference Checks
• Criminal Background Checks
21. CDC Guidelines: Criminal Checks
• Just a Part of the Screening Process
• Save $$$ and run checks at the end
• Get Permission
• Decide Which Offenses Disqualify
22. Primary Background Checks
• LiveScan
• ‘Professional’ Background Checkers
• Background Checking Services
(discounted or free for PCUSA churches)
• Online Databases
• County Records
• NSOPR
23. Online Databases
Only Checks Publically Available Information
• Sonoma
• Sacramento
• Glenn
• Tehama
• San Mateo
• Marin
• Butte
• Stanislaus
• Orange
• Riverside
• Nevada
• Contra Costa
• Ventura
• San
Bernardino
• Santa Barbara
• Santa Clara
• Santa Cruz
• Fresno
• Los Angeles
• Siskiyou
• Marin
24. Additional Solutions
• DMV Records
• Federal Criminal Search
• Employment Credit Report
• Child Abuse Registry
• Employment Verifications
• Character Reference Checks
32. • Clergy as Mandatory Reporters of Child Abuse and Neglect –
https://www.childwelfare.gov/topics/systemwide/laws-
policies/statutes/clergymandated/
• Online CA Mandated Reporter Training for Clergy –
http://www.mandatedreporterca.com/training/clergy.htm
• Church Law&Tax – http://www.churchlawandtax.com/
• California Department of Education –
http://www.cde.ca.gov/index.asp
• CA Child Welfare Services –
http://www.hwcws.cahwnet.gov/default.asp
Resources for Churches & Non-Profits
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About ChurchWest
34. Contact Us For More Information
Toll Free: 800-843-6054
On The Web: www.ChurchWest.com