Minors on a College Campus & The Child Abuse and Neglect Reporting Act

1. Minors on a College Campus & The Child Abuse and Neglect Reporting Act

2. The Goal of This Presentation By the end of this workshop you will have the answers 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?

3. Why should you address minors on a college campus? • 73,000 minor students enrolled in California community colleges • 19,000 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 paperpublished by the Academic Senate for California Community College, Fall 2006

4. Minors on a College Campus Where Do You Begin?

5. Who should be involved in creating procedures & guidelines for minors on a college campus? • A committee including representatives from: • Faculty • Administration • Admissions & Records • Campus Police • Risk Management • Noncredit Program, if applicable

6. 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 • Creatingweb pages to inform the campus community about issues surrounding minors on a college campus • Minors on Campus Webpages

7. 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.

8. Enrollment Issues Parents’ Expectations Vs. College Campus Environment

9. Notice to Parents of Minors • Should Address: • Potential Parental Conflict with the College Atmosphere • Health & Safety Concerns • Curricular Issues Notice to Minor Students and Their Parents/Guardians

10. 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 Notice to Minor Students and Their Parents/Guardians

11. 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 Notice to Minor Students and Their Parents/Guardians

12. 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 Notice to Minor Students and Their Parents/Guardians

13. 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 Notice to Minor Students and Their Parents/Guardians

14. Curricular Issues • Parents will not get support when they request or demand changes in curriculum • Parents need to understand that their child may be exposed to: • ControversialContent • Frank Discussions • Graphic Material • Field Trip Attendance to Controversial Events or Locations Notice to Minor Students and Their Parents/Guardians

15. 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

16. How Are Instructors Notified of the Minors Enrolled In Their Class?

17. How are instructors notified of the minors enrolled in their class? • How you notify instructors will depend on the technology and other resources available to you

18. How are instructors notified of the minors enrolled in their class? (cont.) • Notation on Rosters of Minors Enrolled in the Class • 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

19. Why is Suspected Child Abuse Reporting Important to Faculty & Staff?

20. Why is reporting suspected child abuse important to faculty and staff? • Their position makes them a mandated reporterPenal 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)

21. 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

22. 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

23. 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

24. Civil and Criminal Liability Protection for Mandated Reporters Penal Code, § 11172 subd. (a) No mandated reporter shall be civilly or criminally liable for any report even 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.

25. Penalties for Mandated Reporters Not Reporting Child AbusePenal 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.

26. Reasonable SuspicionPenal Code § 11166 (a)(1) Reasonable suspicion means that, after examining all of the facts in a particular situation, most people with similar training or experience would suspect child abuse or neglect.

27. Reasonable Suspicion For reasonable suspicion, keep in mind: • 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!

28. What is Child Abuse?

29. 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

30. 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.

31. 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.

32. 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.

33. “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.

34. “Unlawful corporal punishment or injury of a child” Defined A situation where any person willfully inflicts upon any student/child any cruel or inhuman corporal punishment or injury resulting in a traumatic condition.

35. What are the Potential Signs of Child Abuse?

36. 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

37. 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.

38. When do I Make a Report of Suspected Child Abuse?

39. When you have: • Knowledge of abuse • Observed abuse • Reasonable suspicion of abuse

40. How do I Make a Report of Suspected Child Abuse?

41. 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))

42. Telephone Report of Child Abuse • 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

43. 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

44. 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.

45. Online Resources

46. Online Resource:Academic Senate Statewide Report To review the statewide Academic Senate “Minors on Campus: Underage Students at Community Colleges” report go to: http://www.asccc.org/Publications/Papers/Minor_2006.html

47. 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

48. Online Resource:Notice to Minor Students and Their Parents/Guardians • Go to www.miracosta.edu • Click on Student Services→Admissions & Records→Student Forms→Concurrent Enrollment Permit • Scroll down to the Notice to Minor Students & Their Parents/Guardians http://www.miracosta.edu/StudentServices/Admissions/Downloads/ConcurrentEnrollmentPermitFormTotalPackageforWeb04222008.pdf

49. Online Resource: Penal Codes To review the Penal Code in its entirety go to: • www.leginfo.ca.gov/calaw.html • Select Penal Code • Type 11164-11174.3in the keyword box below • Select Penal Code 11164-11174.3

50. Online Resource: Education Codes To review the Education Code in its entirety go to: • www.leginfo.ca.gov/calaw.html • Select Education Code • Type 76000-76002in the keyword box below and click Search • Select Education Code Section 76000-76002 or 48800-48802