Existing law, the Child Abuse and Neglect Reporting Act, requires a mandated reporter, as defined, to report whenever they, in their professional capacity or within the scope of their employment, have knowledge of or observed a child whom 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 of confinement in county jail, by a fine of $1,000, or by both imprisonment and fine. Under existing law, employers are strongly encouraged to provide their employees who have mandated reporters with training in these duties, including training in the identification and reporting of child abuse and neglect. We note that public schools are required to provide annual mandated reporter training to employees, and licensed childcare providers are required to provide employees mandated reporter training every two years.
AB 1963 adds to the list of mandated reporters, a human resource employee of a business with five or more employees that employ minors. AB 1963 defines a “human resource employee” as the employee or employees designated by the employer to accept any complaints of misconduct as required by the Fair Employment and Housing Act.
For the purposes of reporting sexual abuse, AB 1963 adds an adult whose duties require direct contact with and supervision of minors in the performance of the minors’ duties in the workplace of a business with five or more employees to the list of mandated reporters.
AB 1963 further requires businesses with five or more employees that employ minors to provide their employees who have mandated reporters with training on identification and reporting of child abuse and neglect. This training must include training in child abuse and neglect identification and training in child abuse and neglect reporting. 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. By imposing the reporting requirements on a new class of persons, for whom failure to report specified conduct is a crime, AB 1963 imposes a state-mandated local program.
As a result of AB 1963, schools that employ minors will be required to provide mandated reporter training to all of their employees who are mandated, reporters.
(Amends section 11165.7 of the Penal Code.)
