Mandated Reporter
"A mandated reporter is like a fire alarm. It is not the fire alarm's job to know for sure there is a fire. It alerts to the possibility of a fire. You do not have to be certain abuse has, in fact, occurred. Be a detective, not an investigator. Gather clues from the four areas - physical appearance, behavior, knowledge of parents/caretakers, and environmental conditions if known."
Reference additional resources on abuse indicators and grooming below.
Reporting Child Abuse or Neglect
All MWA employees have an important role in protecting children from abuse and neglect. A report should be filed with qualified and experienced agencies that will investigate the situation. Examples of these agencies are listed below. Parents and guardians of pupils have the right to file a complaint against anyone they suspect has abused or neglected a child. Community members do not need to provide their name when making a report of child abuse or neglect.
Obligations of Mandated Reporters
All MWA employees serve as mandated reporters and are required by law to report all known or suspected cases of child abuse or neglect. It is not the job of the mandated reporter to determine whether the allegations are valid. If child abuse or neglect is reasonably suspected or a pupil shares information with a mandated reporter leading him/her to believe abuse or neglect has occurred, the report must be made. No supervisor or administrator can impede or inhibit a report or subject the reporting person to any sanction.
To make a report, an employee must contact an appropriate local law enforcement or county child welfare agency listed below. Reporting the incident to a supervisor or the school does not satisfy this legal obligation. An appropriate law enforcement agency may be one of the following:
A Police or Sheriff’s Department (not including a school district police department or school security department).
A County Probation Department, if designated by the county, to receive child abuse reports.
A County Welfare Department/County Child Protective Services.
The report should be made immediately over the telephone and should be followed up in writing. The law enforcement agency has special forms for this purpose that they will ask you to complete. If a report cannot be made immediately over the telephone, then an initial report may be made via e-mail or fax. A report may also be filed at the same time with your school district or county office of education (COE). School districts and COEs, however, do not investigate child abuse allegations, nor do they attempt to contact the person suspected of child abuse or neglect.
Filing a Report
Any mandated reporter who has knowledge of or observes a child, in his or her professional capacity or within the scope of his or her employment, whom he or she knows or reasonably suspects have been the victim of child abuse or neglect shall report such suspected incident of abuse or neglect to a designated agency immediately or as soon as practically possible by telephone and shall prepare and send a written report thereof within 36 hours of receiving the information concerning the incident. (PC section 11166(a).)
No mandated reporter who reports a suspected child abuse or neglect incident shall be held civilly or criminally liable for any report required or authorized by CANRA. Any other person reporting a known or suspected incident of child abuse or neglect shall not incur civil or criminal liability as a result of any report authorized by CANRA unless it can be proven the report was false and the person knew it was false or made the report with reckless disregard of its truth or falsity. (PC section 11172(a).)
Steps to take:
1. Complete the Suspected Child Abuse Report Form immediately.
2. Contact the appropriate agency:
Children and Family Services (CFS) Screening Unit: 1-877-881-1116.
Law Enforcement: 911
3. Contact your Dean of Students and share the completed report form.
In general, when do you call Children and Family Services, and when do you call Law Enforcement?
When abuse occurs at the hands of someone who is not a parent/caretaker for the child and lives outside of the home, the abuse should be reported to the Police.
In an emergency, for example, if you come to reasonable suspicion at the end of the school day, call the Police. They will arrive faster. After 5:00 pm, CFS has limited workers on duty.
If you suspect a child is home alone and in danger, call the Police for a health and safety check.
In all other cases, calling Children and Family Services is more appropriate.
In either case, send the written report (form linked above) to whomever you called by email attachment, fax, or regular mail within 36 hours.
The Police and Children and Family Services cross-report to each other except in general neglect and positive infant toxicology cases. Regardless of the circumstances, either Law Enforcement or Children and Family Services must take your report if you insist.