News & Updates: AB 1963 Expands Mandated Reporting Obligations to Most Employers That Employ Minors

Starting January 1, 2021, human resources employees of businesses with five or more employees that employ minors and adult employees who supervise minor workers at such businesses will be considered mandated reporters under the California Child Abuse and Neglect Reporting Act (CANRA).

CANRA requires a mandated reporter to make a report to law enforcement or a child protective services agency whenever the mandated reporter, in their professional capacity or within the scope of their employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Failure to make a report required under CANRA is a misdemeanor punishable by up to 6 months of confinement in a county jail and/or a fine of $1,000. Failure to make a mandated report may also lead to civil liability to victims of abuse and neglect for the employee and employer. Mandated reporters have absolute immunity for making reports of suspected abuse or neglect, and they are entitled to confidentiality.  Employers of mandated reporters can be subject to criminal prosecution for breaching the confidentiality of mandated reporters, retaliating against them for making mandated reports, or interfering with mandated reporting.

CANRA currently includes forty-seven categories of workers as mandated reporters, including health care professionals, emergency responders, teachers, athletic coaches, clergy members and law enforcement officers. AB 1963, which becomes effective on January 1, 2021, imposes mandated reporting obligations to two new categories of workers—(1) human resources employees of employers with five or more employees that employ any number of minors; and (2) any adult whose duties require direct contact with and supervision of minors at such employers. Although CANRA does not require training for most mandated reporters, AB 1963 requires employers to provide training to these two new categories of mandated reporters.

CANRA also requires employers of mandated reporters to have all mandated reporters sign an acknowledgment of their mandated reporter duties at the time they begin employment.

What should employers do?

Obligations of mandated reporters and employers of mandated reporters are complex, and the consequences for failing to comply with CANRA are serious  Employers of mandated reporters should consult with counsel and do the following:

• Identify all employees who may be considered mandated reporters under AB 1963.
• Have all current employees who are mandated reporters sign mandated reporter acknowledgment forms by January 1, 2021, and require all employees who are hired into or promoted to positions that are considered mandated reporters to sign the acknowledgments at the time of hire or promotion.
• Provide mandated reporting training to all mandated reporters. A four-hour online training program is available at https://mandatedreporterca.com/. Attorneys in Folger Levin’s Schools & Educational Organizations practice group provide live mandated reporter training for employers.
• Update employee handbooks to include policies on the duties of and protections for mandated reporters.