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Executive Order 1083 Revised July 21, 2017 STATEMENT (PageUp)

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Executive Order 1083
Revised July 21, 2017
Page 1 of 3
STATEMENT ACKNOWLEDGING REQUIREMENT
TO REPORT CHILD ABUSE AND NEGLECT
[USE FOR LIMITED REPORTERS ONLY]
INSTRUCTION FOR HUMAN RESOURCES: Provide this form, as well as Attachments A and B of
Executive Order 1083 Revised July 21, 2017, to employees who are identified as Limited Reporters*. Retain
the completed form in the employee’s official personnel file.
*Exception: Non-Management Personnel Plan employees hired prior to January 1, 1985
California law requires certain people, known as “Mandated Reporters,” to report known or suspected
child abuse or neglect. You have been identified as a certain type of Mandated Reporter: a Limited
Reporter under Penal Code § 11165.7(a)(41). As a Mandated Reporter, you are required by the law to sign
this statement acknowledging your legal reporting obligations.
A copy of the relevant provisions of the law explaining the definition of “Mandated Reporter” (Penal Code
§ 11165.7), the reporting obligations (Penal Code § 11166), penalty for failure to report abuse or impeding
report (Penal Code § 11166.01), the contents of the reports, and the confidentiality of the Mandated
Reporter’s identity (Penal Code § 11167) is attached.
Online training is available to you at https://ds.calstate.edu/?svc=skillsoft (under keyword search
“Mandated Reporter”).
While it is not required, we strongly encourage you to take the training.
WHEN REPORTING ABUSE IS REQUIRED
As a Limited Reporter, whenever in your professional capacity or within the scope of your employment
you have knowledge of or observe a person under the age of 18 years whom you know or reasonably
suspect has been the victim of child abuse or neglect on CSU premises or at an official activity of, or
program conducted by, the CSU, you must report the suspected incident (Penal Code §§ 11166(a) and
11165.7(a)(41)).
PROCEDURE FOR REPORTING
To make a report, you must do the following:
· Immediately, or as soon as practically possible, contact by phone one of the following: police or
sheriff’s department (including campus police but not including a school district police or security
department); a county probation department (if designated by the county to receive mandated
reports); or the county welfare department (Child Protective Services or CPS).
· Within 36 hours of receiving the information concerning the incident: complete Form SS 8572
(available online at http://ag.ca.gov/childabuse/pdf/ss_8572.pdf) per the instructions (available
online at http://ag.ca.gov/childabuse/pdf/8572_instruct.pdf); and send, fax or electronically
transmit it to the agency that was contacted by phone (Penal Code § 11166(a)).
Names and contact information for agencies that can accept reports are available online at the following
websites:
Executive Order 1083
Revised July 21, 2017
Page 2 of 3
California State University Police Departments (by campus):
http://calstate.edu/strategicinitiatives/UPD/contacts.shtml
Child Protective Services (by county):
http://www.hwcws.cahwnet.gov/countyinfo/county_contacts/hotline_numbers.asp
For Sheriffs’ Departments (by county):
http://www.calsheriffs.org/sheriffs-offices.html
Note: Reporting to a supervisor, a coworker, or other person is not a substitute for making a mandated
report to one of the agencies listed above.
ABUSE AND NEGLECT THAT MUST BE REPORTED
Physical abuse, meaning physical injury other than by accidental means inflicted on a child (Penal Code
§ 11165.6).
Sexual assault, including sex acts with a child, intentional masturbation in the presence of a child, child
molestation, and lewd or lascivious acts with a child under 14 years of age or with a child under 16 years of
age if the other person is at least ten years older than the child (Penal Code § 11165.1(a)(b)).
Sexual exploitation, including acts relating to child pornography, child prostitution, or performances
involving obscene sexual conduct by a child (Penal Code § 11165.1(c)).
Statutory rape involving sexual intercourse between a child under 16 years of age and a person 21 years
of age or older, which is also a form of “sexual assault” (Penal Code § 11165.1(a)).
Neglect, meaning the negligent treatment or maltreatment of a child by a parent, guardian or caretaker
under circumstances indicating harm or threatened harm to the child’s health or welfare (Penal Code
§ 11165.2).
Willful harming or injuring or endangering a child, meaning a situation in which any person inflicts, or
willfully causes or permits a child to suffer, unjustifiable physical pain or mental suffering, or causes or
permits a child to be placed in a situation in which the child or child’s health is endangered (Penal Code
§ 11165.3).
Unlawful corporal punishment, meaning a situation in which any person willfully inflicts upon a child
cruel or inhuman corporal punishment or a physical injury (Penal Code § 11165.4).
WHAT IS NOT CHILD ABUSE OR NEGLECT?
The law does not consider the following child abuse or neglect for reporting purposes:
· Injuries caused by two children fighting during a mutual altercation (Penal Code § 11165.6)
· An injury caused by reasonable and necessary force used by a peace officer acting within the
course and scope of his or her employment (Penal Code § 11165.6)
· Reasonable and necessary force used by public school officials to quell a disturbance threatening
physical injury to person or damage to property, for self-defense, or to obtain possession of
weapons or other dangerous objects under a child’s control (Penal Code § 11165.4)
Executive Order 1083
Revised July 21, 2017
Page 3 of 3
· Corporal punishment, unless it is cruel or inhumane or willfully inflicts a physical injury (Penal
Code § 11165.4)
· Not receiving medical treatment for religious reasons (Penal Code § 11165.2(b))
· Acts performed for a valid medical purpose (Penal Code § 11165.1(b)(3))
· An informed and appropriate medical decision made by a parent or parent, guardian or caretaker
after consultation with a physician who has examined the child (Penal Code § 11165.2(b))
IMMUNITY AND CONFIDENTIALITY OF REPORTER
Mandated Reporters cannot be held civilly or criminally liable for their reports. Instead, they enjoy
immunity from prosecution for their reporting of suspected child abuse (Penal Code § 11172(a)). Both the
identity of the person who reports and the report itself are confidential and disclosed only among
appropriate agencies (Penal Code § 11167(d)).
PENALTY FOR FAILURE TO REPORT ABUSE OR IMPEDING REPORT
A Mandated Reporter who fails to make a required report of abuse, or any administrator or supervisor who
impedes or inhibits a report, is guilty of a misdemeanor punishable by up to six months in jail, a fine of
$1,000, or both (Penal Code Section 11166(c) and Section 11166.01(a)). Where the abuse results in death
or great bodily injury, the Mandated Reporter who fails to make a required report or administrator or
supervisor who impeded or inhibited the report is subject to punishment of up to one year in jail, a fine of
$5,000, or both (Penal Code Section 11166.01(b)).
ACKNOWLEDGMENT
I acknowledge being provided with copies of Penal Code Sections 11165.7, 11166, 11166.01, and 11167.
I acknowledge and understand my responsibility and legal obligation to report known or suspected child
abuse or neglect in compliance with Penal Code Section 11166.
Employee’s Name: ____________________________________ Dept.: ___________________________
Signature: ___________________________________________ Date: ____________________________
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Completed 14 January 2021

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