Policies & Contracts

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 here (https://childabuse.illinois.gov/). 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 here (https://childabuse.illinois.gov/). 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.

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.

1. What is ANCRA?

ANCRA is the Illinois Abused and Neglected Child Reporting Act, the Illinois child welfare law that requires certain individuals called "mandated reporters" to report suspected child abuse or neglect to the Illinois Department of Children and Family Services (IDCFS).

2. What is a "mandated reporter"?

Under ANCRA, "mandated reporters" are persons who are legally required to report immediately the suspected abuse or neglect of a child known to them in their official capacity to the IDCFS Child Abuse Online Reporting System here (https://childabuse.illinois.gov/). If the abuse or neglect requires immediate action, you must call the Child Abuse and Neglect Hotline at 1.800.25.ABUSE (800-252-2873). The hotline is staffed 24 hours a day, 365 days a year.

3. Who at the University is a mandated reporter?

All University personnel are mandated reporters, including but not limited to all University faculty, other academic appointees, postdoctoral researchers, staff, student employees, and volunteers.

4. What does it mean to "suspect child abuse or neglect"?

The threshold for reporting is when a mandated reporter has reasonable cause to believe that abuse or neglect is occurring to a child known to him or her in their official capacity.

5. What is "reasonable cause" within the meaning of ANCRA?

ANCRA does not define the term, and although there is no precise, universally accepted definition, reasonable cause under ANCRA generally exists when the known facts and rational inferences that may be drawn from those facts would cause a reasonable person to conclude that a child is being abused or neglected.  

6. What is a "child" within the meaning of ANCRA?

"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.

7. What is an "abused child" within the meaning of ANCRA?

An "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 a 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 a 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 a 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 a child; or inflicts excessive corporal punishment.

8. What is a "neglected child" within the meaning of ANCRA?

Neglect occurs when a person responsible for the child deprives or fails to provide the child with adequate food, clothing, shelter, or needed medical treatment. Abandonment and inadequate supervision also constitute neglect. Further, neglect occurs under ANCRA when a child "is subjected to an environment which is injurious insofar as:

  • the child's environment creates a likelihood of harm to the child's health, physical well-being, or welfare and
  • the likely harm to the child is the result of a blatant disregard of parent or caretaker responsibilities." According to IDCFS, "blatant disregard" means an incident where the real, significant, and imminent risk of harm would be so obvious to a reasonable parent or caretaker that it is unlikely that a reasonable parent or caretaker would have exposed the child to the danger without exercising precautionary measures to protect the child from harm.

9. What are some examples of abuse and neglect?

Although you should always use your best judgment to assess whether a child you know in your official capacity has been abused or neglected, normally you would report to the IDCFS Child Abuse Online Reporting System. You must call the IDCFS Child Abuse Hotline if the abuse or neglect requires immediate action under circumstances such as:

  • Current injuries to the child
  • Immediate need for medical treatment (including a child who is suicidal)
  • Sexual abuse where the involved adult has or will have access to a child within the next 24 hours;
  • A child is currently afraid to go home;
  • A child is currently in protective custody of police or medical personnel
  • A child death 

10. What does it mean to know a child in my "official capacity"?

Although ANCRA does not define "official capacity," generally the term means the things you do in the course of carrying out the duties of your role at the University. Thus, to know a child in your official capacity means that you have become aware of or have gotten to know a child in the course of doing your job or volunteer activity. For example, a University supervisor who meets children of the employees that she supervises at a departmental social event would be deemed to know those children her official capacity. Likewise, a University supervisor who meets a child in connection with giving a presentation at the University would be deemed to know the child in his official capacity. 

11. What if I see or suspect child abuse off campus – for example, while taking a walk in the park, I see a man strike a child repeatedly with their fists?

It depends on the circumstances. As a mandated reporter, you are required only to report acts of suspected abuse or neglect that you learn about in your official capacity as a University faculty, other academic appointee, postdoctoral researcher, staff, student employee, and volunteer including but not limited to abuse or neglect you witness at a University event or on University property. If the child you witnessed being abused during your walk in the park is not somebody you know through conducting your University duties, then you do not have a duty to report to IDCFS, although you are not prohibited from doing so. On the other hand, if you know the child because you met them while giving a tour of your workspace to a group of middle school students, you would have a duty to report immediately to IDCFS.

12. What should I do if I have reasonable cause to believe that a child, I know in my official capacity is being abused or neglected?

You must report suspected child abuse or neglect immediately to the Illinois Department of Child and Family Services (IDCFS) Child Abuse Online Reporting System here (https://childabuse.illinois.gov/). If the abuse or neglect requires immediate action, you must call the IDCFS Child Abuse Hotline at 1.800.25.ABUSE (800-252-2873) immediately. Hotline staff are social workers with special training in determining what constitutes child abuse and neglect under ANCRA.  As a matter of University policy, once you make a report to IDCFS, you must promptly notify the head of your academic unit – section chief, department chair, director, dean, vice president, or provost (Ingrid Gould, igould@uchicago.edu, 773.702.8846) or, in the alternative, your supervisor or manager -- that you have made a report, as well as the circumstances that compelled the report. You are also required to promptly notify Risk Management at youthprotection@uchicago.edu. 

13. What happens when I call the Hotline?

When you report online, you will be required to provide/select categories that best describe the adult(s) involved in the incident; facility name and address (if applicable); information about the child(ren) you are concerned about (name, address, age, gender, background, information about the adult(s) involved; relationship between parties involved; when the incident occurred; description of the incident; additional information about parities included in the report; information about yourself, including information if you are a mandated reporter; source of information; and if there are additional people with information regarding this incident.

When you call, a hotline social worker will listen to what you wish to report. You should be prepared to tell the Hotline worker all germane facts related to the situation, including 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.); and any other information you think may help. The hotline worker will ask questions to help gather enough information to determine whether to take a formal report. If there is not enough information to make a report, the worker will tell you so and answer any questions you may have. If a formal report is taken, a child protection investigator will begin the investigation within 24 hours, but much sooner if the child is considered in immediate risk of harm.

14. How am I protected if I report abuse or neglect?

People who report alleged child abuse or neglect in good faith cannot be held liable for damages under criminal or civil law. In addition, their names are not given to the person they name as the abuser or to anyone else unless ordered by a hearing officer or judge. Members of the general public may make reports without giving their names. Although as a mandated reporter you may make a report without giving your name, doing so is disadvantageous because the investigator will not be able to contact you to verify information or gather additional information; you will not be notified of the results of the investigation; and if something happens to the child, you will have no legal proof that you fulfilled your role as a mandated reporter.

15. Should I also call the police?

If a child appears to be in imminent danger, you 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.

16. Do I satisfy my reporting duty if I tell my chair/supervisor or call the police?

No. Reporting suspected abuse or neglect to a co-worker, HRA, colleague, supervisor, manager, officer, the University's whistleblower hotline or even the police department – 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.

17. What are the consequences if I fail to make a report to IDCFS even though I have a reasonable basis to believe that a child I know in my official capacity is being abused or neglected?

Under the law, a mandated reporter's failure to report suspected instances of child abuse or neglect to IDCFS constitutes a Class A misdemeanor punishable by a term of imprisonment for up to one year, or by a fine not to exceed $1,000, or both, and a second or subsequent violation is a Class 4 felony. Finally, if you knowingly fail to report a case of suspected child abuse or neglect to IDCFS when you have a reasonable basis for doing so, you may be disciplined up to and including termination of appointment, employment or volunteer status.

18. Do I have additional obligations as a mandated reporter?

Yes, under ANCRA, all mandated reporters must complete, sign and date an IDCFS-issued document called "acknowledgment of mandated reporter status" at the time of hire. By signing the document, the individual acknowledges their status as a mandated reporter and affirms understanding the applicable reporting requirements.

Individuals who are charged with criminal offenses involving minors, while working in a University of Chicago program with minors, must disclose such information to the program supervisor/coordinator immediately. University of Chicago staff employees are required to report the charge to Human Resources. Faculty, other academic appointees and postdoctoral researchers must report the charge to the Office of the Provost.  Student employees, student volunteers, and volunteers are required to report the charge to the Risk Management.

Additionally, under ANCRA, all University faculty, other academic appointees, postdoctoral researchers, staff and student employees must complete mandated reporter training upon hire and every three years thereafter. Note, students and volunteers are required to complete training each academic year that the student or volunteer has direct contact with children. Direct contact is defined in The Safety of Children in University Programs Policy.

As a matter of University policy, once you make a report to IDCFS, you must promptly notify the head of your academic unit – section chief, department chair, director, dean, vice president, or provost (Ingrid Gould, igould@uchicago.edu, 773.702.8846) or, in the alternative, your supervisor or manager, that you have made a report, as well as the circumstances that compelled the report. You are also required to promptly notify Risk Management at youthprotection@uchicago.edu.

19.  Why do I have to complete mandated reporter training if my position at the University does not include contact with children?

The Illinois law states that all University “personnel” are Mandated Reporters.  Mandated Reporters are required to receive training about the legally obligated actions that Mandated Reporters must undertake and recognize while serving within this critical role.

20. What if I refuse to sign the "acknowledgment of mandated reporter status" form?

Your execution of the form is a condition of employment, appointment, or volunteer status. If you refuse to sign the form, your hire, appointment, or volunteer arrangement will not become effective.

21. Who can I contact if I have questions about my status as a mandated reporter?

You should feel free to contact Risk Management at youthprotection@uchicago.edu; Brett Leibsker in Human Resources, 773.834.2657, bleibsker@uchicago.edu; Ingrid Gould, Senior Associate Provost, 773.702.8846, igould@uchicago.edu or Ted Stamatakos in the Office of Legal Counsel, 773.702.7516, stamatak@uchicago.edu.