minors on a college campus & the child abuse and neglect reporting act

Minors on a College Campus

&The Child Abuse and

Neglect Reporting Act

The Goal of This Presentation

By the end of this workshop you will have theanswers to the following questions:

What are the issues regarding minors on a college campus?

Why is suspected child abuse reporting important to the faculty and staff?

What is child abuse? What are the potential signs of child abuse? When and how do I make a mandated

report of child abuse?

Why should you address minors on a college campus?

73,000 minor students enrolled in California community colleges19,000 already graduated from high

school >2,500 were under the age of 14

Source-Fall 2005 enrollment data from the Minors on Campus: Underage Students at Community Colleges paper published by the Academic Senate for

California Community College, Fall 2006

Minors on a College Campus

Where Do You Begin?

Who should be involved in creating procedures & guidelines for minors on a college campus?

A committee including representatives from:FacultyAdministrationAdmissions & RecordsCampus PoliceRisk ManagementNoncredit Program, if applicable

What issues should be addressed?

Minors enrollment policy Process to notify instructors of minors

enrolled in their class(es) Training faculty & staff regarding minors on

campus issues Creating web pages to inform the campus

community about issues surrounding minors on a college campus Minors on Campus Webpages

Which Regulations Govern Minors on a College Campus? FERPA

All rights afforded to the parent transfer to the minor student when they enroll in college

76000-76002 Governs how Community colleges admit minors.

48800-48802 Governs how K-12 school districts determine

which high school students may attend a community college

76031, 76032 & 87044 Addresses procedures for removing a minor

student from campus, from class or suspending a student. These regulations include provisions for contacting parents during disciplinary actions.

Enrollment Issues Parents’ Expectations

Vs.College Campus

Environment

Notice to Parents of Minors

Should Address:Potential Parental Conflict with

the College AtmosphereHealth & Safety ConcernsCurricular Issues

Notice to Minor Students and Their Parents/Guardians

Potential Parental Conflict with the College Atmosphere

FERPA Rights Parents may obtain access to their child’s

records by: acquiring written consent from the minor

student, or providing proof of dependency for tax purposes

(this part of the code is permissive and the district may or may not choose to disclose information)

Exposure to Adult Language & Conversations Maturity Level of Minor Student Cognitive/Academic Development of Minor

Student


Potential Parental Conflict with the College Atmosphere (cont.)

Instructors do not act in loco parentis (in place of parents)

Parent May Not Accompany Minor to Class

Parents Will Not Receive Progress Reports


Health & Safety Concerns

Parents must provide consent for emergency first aid and treatment

Prior to Attending Class, Parent & Student Must Discuss What To Do In Case of: emergency class cancellation early dismissal from class arranged transportation fails to arrive other common safety precautions


Health & Safety Concerns (cont.)

Access to Health Services which include: Pregnancy testing HIV testing Access to condoms Access to abortion information Access to prescription for birth control


Curricular Issues

1. Parents will not get support when they request or demand changes in curriculum

2. Parents need to understand that their child may be exposed to: Controversial Content Frank Discussions Graphic Material

3. Field Trip Attendance to Controversial Events or Locations


Policies & Procedures to Review

Enrollment Concurrent Enrollment Procedures High School vs. College Credit

Field Trip Policy International Student Program Athletics Performing Arts Suspected Child Abuse Reporting

Procedures

How Are Instructors Notified of the Minors

Enrolled In Their Class?

How are instructors notified of the minors enrolled in their class?

o How you notify instructors will depend on the technology and other resources available to you

How are instructors notified of the minors enrolled in their class? (cont.)

1. Notation on Rosters of Minors Enrolled in the Class

2. Snail Mail or Email Notification Process at MiraCosta College:

Query Online Enrollment System Attendance Accounting Specialist runs a

query of all minors enrolled as of each term session start date and add deadline date

Send list of minors enrolled in each class to each instructor

Why is Suspected Child Abuse Reporting

Important to Faculty & Staff?

Why is reporting suspected child abuse important to faculty and staff?

Their position makes them a mandated reporter Penal Code, § 11165.7 subd. (a)

Their status as a mandated reporter, requires them to report suspected child abuse Penal Code, § 11165.7 subd. (a)

Mandated reporters are protected both civilly and criminally. However, there are penalties if you do not report suspected child abuse. Penal Codes, § 11172(a) and 11166.01 subd. (c)

Who Are Mandated Reporters?Penal Code, § 11165.7 subd. (a)

Faculty All certificated personnel

Instructional Aides Teaching Assistants Classified Employees Administrators or employees whose duties require direct

contact and supervision of students Licensees, administrators or employees of a licensed

community care or child day care facility Employees of a school district police or security

department Peace Officers-MCC Campus Police qualify Psychologists, interns, licensed nurses, marriage, family

and child counselors and clinical social workers Volunteers are encouraged, but not mandated to report

abuse

Which laws govern suspected child abuse?

Penal Codes 11164-11174.3 define: Types of child abuse Who is a mandated reporter How to make a report of child abuse What is reasonable suspicion

Notification to Mandated Reporters

At the point of hiring, all mandated reporters must receive a copy of Penal Code §§11165.7, 11166 and 11167

Mandated Reporters must sign a statement that he or she has knowledge of the provisions in §11166

Civil and Criminal Liability Protection for Mandated Reporters Penal Code, § 11172 subd. (a)

No mandated reporter shall be civillyor criminally liable for any reporteven if the mandated reporter

acquired the knowledge or reasonable suspicion of abuse or neglect outside of his or her professional capacity or outside the scope of his or her employment.

Penalties for Mandated Reporters Not Reporting Child Abuse Penal Code, § 11166.01 (c)

If abuse or neglect resulted in death or great bodily injury and the mandated reporter willfully failed to report it OR any person impeded or inhibited a report of the abuse, that person shall be punished by serving no more than one year in a county jail and/or be fined no more than $1,000.

Reasonable Suspicion Penal Code § 11166 (a)(1)

Reasonable suspicion means that,after examining all of the facts in aparticular situation, most people withsimilar training or experience wouldsuspect child abuse or neglect.

Reasonable Suspicion

For reasonable suspicion, keep inmind:

You don’t need to be 100% sure It’s enough to report if you suspect

child abuse Even though you may be fearful of

repercussions, your first responsibility is to the student.

If you suspect it, report it!

What is Child Abuse?

Four Types of Child Abuse

Sexual abuse Neglect Willful harming or injuring of a

student/child or the endangering of the person or health of a student/child

Unlawful corporal punishment or injury of a student/child

Sexual Abuse Defined

A sexual assault on, or the sexual exploitation of, a minor.

See Penal Code § 11165.1 for a more explicit description of acts that constitute sexual abuse.

Neglect Defined

The negligent treatment or maltreatment of a student/child by a parent or caretaker under circumstances indicating harm or threatened harm to the student/child’s health or welfare.

Includes acts of commission and omission on the part of the responsible person.

Two Types of Neglect

Severe Neglect Failure on the part of the caretaker to protect

the student/child from malnutrition or medically diagnosed non-organic failure to thrive. Includes the intentional failure to provide adequate food, clothing, shelter, or medical care.

General Neglect Failure on the part of the caretaker to provide

adequate food, clothing, shelter, medical care, or supervision where no physical injury to the student/child has occurred.

“Willful harming or injuring of a child or the endangering of the person or health of a child” Defined

A situation in which any person willfully causes or permits any student/child to suffer, or inflicts thereon, unjustifiable physical pain or mental suffering.

The caretaker willfully causes or permits the person or health of a student/child to be placed in a situation in which his or her person or health is endangered.

“Unlawful corporal punishment or injury of a child” Defined

A situation where any person willfullyinflicts upon any student/child anycruel or inhuman corporal punishmentor injury resulting in a traumaticcondition.

What are the Potential Signs of Child Abuse?

What are the Potential Signs of Abuse?

The student:

tells you the injury and/or sexual abuse has occurred

has unexplained injuries

is withdrawn, depressed, suicidal and/or apathetic

exhibits exaggerated fearfulness

is excessively aggressive, violent, or destructive

Potential Signs of Abuse

Parent or caretaker places unreasonable or impossible demands on the student without consideration of the student’s developmental capacity.

Keep in mind, these signs may be due to other causes, but the suspicion of abuse should not be dismissed.

When do I Make a Report of Suspected Child Abuse?

When you have:

Knowledge of abuseObserved abuseReasonable suspicion of abuse

How do I Make a Report of Suspected Child Abuse?

Reporting Child Abuse

Reports of suspected child abuse or neglect shall be made to one of the following:

Campus Police

Any local police or sheriff’s department

County Welfare Services-Health & Human Services Agency at (800)344-6000 or (858)560-2191.

The mandated reporter must make the initial mandated report immediately or as soon as is

practicably possible by telephone and submit a written mandated report within 36 hours of receiving the information concerning the incident. (Penal Code § 11166 (a))

Initiate a mandated report by calling Campus Police, or any police or welfare

office.

If you contact Campus Police, you must make the mandated report to a police officer(not a dispatcher or Community Service Officer on campus)

Provide the name, age and student ID# of the student involved as well as a clear description of the suspected abuse

Telephone Report of Child Abuse

Written Report of Child Abuse

Once the call is made to Campus Police, or any police or welfare office, a mandated reporter must complete and submit Form SS 8572 to Campus Police within 36 hours of the telephone report.

Form SS 8572 is available online at http://ag.ca.gov/childabuse/pdf/ss_8572.pdf

Reporting requirements have not been met until both the phone and written mandated reports have been submitted.

Keep a copy of the written report for 5 years

Reporting Obligations of Mandated ReportersPenal Code, § 11166 (i) & 11166.01(i)(3)

Simply informing the mandated reporter’s supervisor, area dean or any other person shall not be a substitute for making a mandated report to an agency.

In addition, no supervisor or administrator may impede or inhibit a mandated reporter from filing a report, nor subject him or her to any penalties for filing a report.

Online Resources

Online Resource:Academic Senate Statewide Report

To review the statewide AcademicSenate “Minors on Campus: UnderageStudents at Community Colleges”report go to:

http://www.asccc.org/Publications/Papers/Minor_2006.html

Online Resource:MCC-Minors on Campus Web pages

To review MiraCosta College’s Minors on Campus web pages go to:

http://www.miracosta.edu/studentservices/MinorsonCampus.htm

Online Resource:Notice to Minor Students

and Their Parents/Guardians

1. Go to www.miracosta.edu2. Click on Student Services→Admissions

& Records→Student Forms→Concurrent Enrollment Permit

3. Scroll down to the Notice to Minor Students & Their Parents/Guardians

http://www.miracosta.edu/StudentServices/Admissions/Downloads/ConcurrentEnrollmentPermitFormTotalPackageforWeb04222008.pdf

Online Resource: Penal Codes

To review the Penal Code in itsentirety go to: 1) www.leginfo.ca.gov/calaw.html2) Select Penal Code3) Type 11164-11174.3 in the keyword

box below4) Select Penal Code 11164-11174.3

Online Resource: Education Codes

To review the Education Code in itsentirety go to: 1) www.leginfo.ca.gov/calaw.html2) Select Education Code3) Type 76000-76002 in the keyword box

below and click Search4) Select Education Code Section 76000-

76002 or 48800-48802

Online Resource: Child Abuse Reporting Forms

To download Form SS 8572-Suspected Child Abuse Report go to: http://ag.ca.gov/childabuse/pdf/ss_8572.pdf

For instructions on how to complete Form SS 8572 go to: http://ag.ca.gov/childabuse/pdf/8572_instruct.pdf

Online Resource: Child Abuse Handbook

Child Abuse & Neglecthttp://www.safestate.org/shop/files/CA

%20Neglect_ADA.pdf

Child Abuse Educator’s Responsibilitieshttp://safestate.org/documents/

CA_Child_Abuse_Ed_Respon_2007_ADA.pdf

Online Resource: Child Abuse Handbook

Child Abuse Prevention Handbook:http://safestate.org/documents/

CA_Child_Abuse_Prevention_Handbook_2007_ADA.pdf

Child Abuse Prevention HandbookAddenda I through IV:http://safestate.org/shop/files/CA%20Child

%20Abuse%20Addenda_ADA.pdf

MiraCosta College Campus Resources

If you have any questions about the procedures for reporting

suspected child abuse you can call any of the following staff for clarification:

Gilbert Hermosillo, Dean of Admissions, Assessment & Student AidExt. 6893

Denise Plante, Non Credit Career CounselorExt. 8709

Alicia Terry, Director of Admissions/RegistrarExt. 6623

Joe Mazza, Director of Risk ManagementExt. 6866

Robert Sanchez, Campus Police CorporalExt. 6686

Sheri Wright, Director of Human ResourcesExt. 6865

Questions

minors on a college campus & the child abuse and neglect reporting act

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