California has enacted legislation (Assembly Bill 1963) that will add certain human resource employees to the mandatory reporting requirement for child abuse and neglect. Assembly Bill 1963 takes effect January 1, 2021.
Background:
The California Child Abuse and Neglect Reporting Act requires a mandated reporter to report whenever they, in their professional capacity or within the scope of their employment, have knowledge of or observed a child who the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Failure by a mandated reporter to report an incident of known or reasonably suspected child abuse or neglect is a misdemeanor punishable by up to six months in jail, a fine of $1,000, or both imprisonment and a fine. Under existing law, employers are strongly encouraged to provide their employees who are mandated reporters with training in these duties, including training in identification and reporting of child abuse and neglect. Schools are required to provide such training.
Assembly Bill 1963:
Effective January 1, 2021, Assembly Bill 1963 adds a human resource employee to the list of individuals who are mandated reporters if:
- They work for a business with five or more employees; and
- The business employs minors.
For the purposes of the law, a "human resource employee" is one designated by the employer to accept any complaints of misconduct under the state's laws prohibiting discrimination and other unlawful practices.
The law also adds, for the purposes of reporting sexual abuse, an adult whose duties require direct contact with, and supervision of, minors in the performance of the minors' duties to the list of individuals who are mandated reporters.
Training Required:
All employers with mandatory reporters must provide such employees with training on the identification and reporting of child abuse and neglect. The training requirement may be met by completing the general online training for mandated reporters offered by the Office of Child Abuse Prevention in the State Department of Social Services.
Compliance Recommendations:
Employers with covered employees should ensure compliance with Assembly Bill 1963 beginning January 1, 2021. Please contact your dedicated service professional with any questions.