1009 - Mandatory Reporting of Child Abuse Policy & FAQ’s for Staff and Volunteers

Subject: Mandatory Reporting of Child Abuse or Neglect

Section: U1009

Date: October 2023

Purpose

To establish policy for University faculty, other academic appointees, postdoctoral researchers, staff, student employees, volunteers and others regarding mandated reporting requirements under the Illinois Abused and Neglected Child Reporting Act (ANCRA).

Definitions

• Child means any person under the age of 18 years, unless legally emancipated by reason of marriage or entry into a branch of the United States armed services.

• Abused child includes but is not limited to a child whose parent or immediate family member, or any person responsible for the child's welfare, or any individual residing in the same home as the child, or a paramour of the child's parent:

  • inflicts, causes to be inflicted, or allows to be inflicted upon such child physical injury, by other than accidental means, which causes death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function;

  • creates a substantial risk of physical injury to such child by other than accidental means which would be likely to cause death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function;

  • commits or allows to be committed any sex offense against such child, as sex offense is defined in the Illinois Criminal Code and Wrongs to Children Act, and extending those definitions of sex offenses to include children under 18 years of age;

  • commits or allows to be committed an act or acts of torture upon such child;

  • inflicts excessive corporal punishment.

• Neglected child includes but is not limited to any child who is not receiving the proper or necessary nourishment or medically indicated treatment including food or care not provided solely on the basis of the present or anticipated mental or physical impairment as determined by a physician acting alone or in consultation with other physicians or otherwise is not receiving the proper or necessary support or medical or other remedial care recognized under State law as necessary for a child's well-being, or other care necessary for their well-being, including adequate food, clothing and shelter; or who is abandoned by their parents or other person responsible for the child's welfare without a proper plan of care.

Policy

Illinois law requires certain individuals, called mandated reporters, to immediately report suspected child abuse or neglect to the Illinois Department of Child and Family Services (IDCFS) Child Abuse Online Reporting System. If the abuse or neglect requires immediate action, a mandated reporter must call the Child Abuse and Neglect Hotline at 1.800.25.ABUSE (800-252-2873) immediately.

Under the law, all "personnel of institutions of higher education" are mandated reporters and must immediately report any instance where there is reasonable cause to believe that a child known to them in their official capacity may be abused or neglected. This means that all University faculty, other academic appointees, postdoctoral researchers, staff, student employees, and volunteers, regardless of rank or compensation status, are mandated reporters.

Consistent with the law, the University thus requires all University faculty, other academic appointees, postdoctoral researchers, staff, student employees, and volunteers to report immediately to IDCFS if they have reasonable cause to believe a child known to them in their official capacity may be abused or neglected.

In addition, the University encourages any person who is not a mandated reporter to report abuse to IDCFS if they have reasonable suspicion that a child has been abused or neglected.

Failure by a mandated reporter immediately to report suspected instances of child abuse or neglect to IDCFS constitutes a Class A misdemeanor. Moreover, reporting suspicions to any other person but not IDCFS does not satisfy the legal duty to report. The only means of fulfilling one's legal obligation and avoiding legal penalty is to report the suspected child abuse or neglect to IDCFS.

Guidelines

1. Per IDCFS, child abuse is the mistreatment of a child under the age of 18 by a parent, caretaker, someone living in their home or someone who works with or around children. The mistreatment may cause injury or must put the child at risk of physical injury. Child abuse can be physical (such as burns or broken bones), sexual (such as fondling, exposure, pornography, incest, etc.) or emotional. Neglect happens when a parent or responsible caretaker fails to provide adequate supervision, food, clothing, shelter or other basics for a child. The legal definitions of "abused child" and "neglected child" appear above in the definitions section of this policy.

2. The mandated reporter should be prepared to tell the hotline workers:

• The child's name, address and age

• The nature of the suspected abuse or neglect, including when and where it occurred.

• The names of suspected perpetrators and their relationship to the child (parent, teacher, etc.)

• Any other information you think may help.

• Reference the IDCFS Checklist for Mandatory Reporters.

3. The University recognizes and respects the sensitive nature of the information that the mandated report includes, and requires the University faculty, other academic appointee, postdoctoral researcher, staff, student employee, or volunteer to hold that information confidential, sharing it only with their chair, dean, supervisor, Human Resources, University of Chicago Police, Law Enforcement, Office of Legal Counsel, Risk Management, and/or others who, based on their official capacity with the University, have a need to know.

4. This policy may be revised to reflect changes in other University policies and procedures as well as Illinois law.

5. Mandated Reporters are required to keep informed of and abide by University policy.

Employees represented by a bargaining unit may be governed by the appropriate bargaining unit agreement.

Reporting

Every University faculty, other academic appointee, postdoctoral researcher, staff, student employee, and volunteer who has a reasonable basis to believe a child known in their official capacity has been abused or neglected must immediately report to IDCFS Child Abuse Online Reporting System. If the abuse or neglect requires immediate action, a mandated reporter must call Child Abuse and Neglect Hotline at 1.800.25.ABUSE (800-252-2873). This hotline is staffed 24 hours a day, 365 days a year. Prior to the call (if time permits) or thereafter, University faculty, other academic appointees, postdoctoral researchers, staff, student employees, and volunteers who make such a report must promptly notify the head of their academic unit – mentor, section chief, department chair, director, dean, vice president, or provost, in the alternative, immediate supervisor or, the unit's Human Resource Partner (HRP) or Human Resources that a report has been made, as well as the underlying circumstances that compelled the report.

If a child is in imminent danger, the University faculty, other academic appointee, postdoctoral researcher, staff, student employee, or volunteer should seek immediate protection for the child by calling the University of Chicago Police Department at 773.702.8181 (in emergencies 123 from on-campus phone) or the Chicago Police Department at 911.

The University faculty, other academic appointee, postdoctoral researcher, staff, student employee, or volunteer should also notify Risk Management of the report (youthprotection@uchicago.edu).

Execution of Acknowledgment of Mandated Reporter Status

As a condition of appointment employment, all new University faculty, other academic appointees, postdoctoral researchers, staff and student employees must execute the IDCFS-issued “Acknowledgment of Mandated Reporter Status” form, which will be maintained by the University as a personnel record.

Training

Effective January 1, 2020, as a condition of appointment and/or employment, all University faculty, academic appointees, postdoctoral researchers and staff are required by law to complete mandated reporter training within three months of hire as a mandated reporter, and at least every three years thereafter. All University employees must complete training for mandated reporters every three years. The training is required to be in-person or web-based, and must include, at least, information on the following topics: (i) indicators for recognizing child abuse and child neglect, as defined under ANCRA; (ii) the process for reporting suspected child abuse and child neglect under ANCRA and the required documentation; (iii) responding to a child in a trauma-informed manner; and (iv) understanding the response of child protective services and the role of the reporter after a call has been made.

Yearly training is required for all volunteers, including student volunteers, who have direct contact with minors. Programs serving minors may adopt additional training requirements based on the nature of the program, pedagogical and risk management considerations, legal requirements, contractual obligations and other relevant factors, so long as those rules at least comport with this Policy.

Consequences of Failing to Report

A University faculty, other academic appointee, postdoctoral researcher, staff, student employee, or volunteer who knowingly fails to report a case of suspected child abuse or neglect to IDCFS if they have reasonable cause to believe that a child known to them in their official capacity may be abused or neglected may be disciplined up to and including termination of appointment, termination of employment, and termination of volunteer status.

Immunity

Illinois law protects the identity of all mandated reporters and gives them immunity from liability as a result of good faith reports. However, any mandated reporter who fails to report an instance of child abuse or neglect commits a crime and may be prosecuted. More importantly, failing to report child abuse or neglect means that a child may continue to be abused or neglected.

Other Considerations

The Illinois Rules of Professional Responsibility (Rules) are applicable to University faculty, other academic appointees, postdoctoral researchers, staff and students who practice law as part of their job or academic responsibilities. Those professionals may disclose client confidences only as permitted or required by the Rules.

Resource Materials

All University faculty, other academic appointees, postdoctoral researchers, staff, student employees, and volunteers are strongly encouraged to review additional on-line educational materials provided by IDCFS regarding mandated reporter obligations.

The University has established the Policy on the Safety of Children in University Programs. This policy explains in full the screening, training and conduct requirements for faculty, other academic appointees, postdoctoral researchers, staff, student employees, and volunteers and others who staff University programs that serve children. Review the policy and review answers to commonly asked questions.

Additional on-line resources include the IDCFS Reporting Child Abuse and Neglect Child Protection website; the IDCFS Manual for Mandated Reporters; and the Abused and Neglected Child Reporting Act.

Last updated on 11/6/23

FAQs On Reporting Child Abuse and Neglect

Since 1975, Illinois state law has required certain categories of public and private sector workers to immediately report suspected child abuse or neglect to the state. Historically, "mandated reporters" under the law have been professionals (e.g., physicians and teachers) who work with children in the course of their professional duties. Some University of Chicago employees thus long have been mandated reporters under the law. In late June 2012, the law was amended to expand the definition of mandated reporters to expressly include "all personnel of institutions of higher education."

This law means that all University faculty, other academic appointees, postdoctoral researchers, staff, student employees, and volunteers now must immediately report any instance where there is reasonable cause to believe that a child known to them in their official capacity is being abused or neglected. Additionally, every new University faculty, other academic appointee, postdoctoral researcher, staff, student employee, and volunteer now must execute at the time the volunteer assignment commences an "acknowledgement of mandated reporter status" form as prescribed by the state.

What follows are answers to frequently asked questions that are designed for University faculty, other academic appointees, postdoctoral researchers, staff, student employees, and volunteers to understand the nature of their obligations to report child abuse and neglect. In addition, at the end of the FAQs are links to resources designed to foster awareness of the responsibilities associated with mandated reporter status under the law.