Frequently Asked Questions & Other Policies

MANDATED REPORTERS:

ANSWER:  In short, a “Mandated Reporter” are paid employees (who have regular contact or access to minors and vulnerable adults), and thus are legally obligated to report any suspicion of abuse or awareness of possible abuse.

ANSWER:  Although Volunteers (Ethical Reporters) are not legally mandated to report abuse to the authorities, it is the responsibility of Ethical Reporters to comply with the expectation of The Diocese of San Jose, which requires all volunteers to report any and all suspicion, or awareness of abuse to Civil Authorities (Child Protective Services (CPS), Adult Protective Services (APS), and/or the Police Department in the city where the alleged incident occurred); and a Diocesan Mandated Reporter; and the Office for the Protection of Children and Vulnerable Adults immediately (within 24 hours) and assist with the reporting process.

ANSWER: According to Section 11165.7 of the Penal Code a mandated reporter is defined as any of the following:
1. A teacher.
2. An instructional aide.
3. A teacher’s aide or teacher’s assistant employed by any public or private school.
4. A classified employee of any public school.
5. An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of any public or private school.
6. An administrator of a public or private day camp.
7. An administrator or employee of a public or private youth center, youth recreation program or youth organization.
8. An administrator or employee of a public or private organization whose duties require direct contact and supervision of children.
9. Any employee of a county office of education or the California Department of Education, whose duties bring the employee into contact with children on a regular basis.
10. A licensee, an administrator or an employee of a licensed community care or child day care facility.
11. A Head Start teacher.
12. A licensing worker or licensing evaluator employed by a licensing agency as defined in Section 11165.11.
13. A public assistance worker.
14. An employee of a child care institution, including, but not limited to, foster parent group home personnel and personnel of residential care facilities.
15. A social worker, probation officer or parole officer.
16. An employee of a school district police or security department.
17. Any person who is an administrator or presenter of, or a counselor in a child abuse prevention program in any public or private school.
18. A district attorney investigator, inspector, or family support officer unless the investigator, inspector or officer is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor.
19. A peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is not otherwise described in this section.
20. A firefighter, except for voluntary firefighters.
21. A physician, surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage, family and child counselor, clinical social worker or any other person who is currently licensed under Division 2 (commencing with Section 5000) of the Business and Professions Code.
22. Any emergency medical technician I or II, paramedic or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
23. A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code.
24. A marriage, family and child therapist trainee, as defined in subdivision (cc) of Section 4980.03 of the Business and Professions Code.
25. An unlicensed marriage, family and child therapist intern registered under Section 4980.44 of the Business and Professions Code.
26. A state or county public health employee who treats a minor for venereal disease or any other condition.
27. A coroner.
28. A medical examiner, or any other person who performs autopsies.
29. A commercial film and photographic print processor, as specified in subdivision (e) of Section 11166. As used in this article, “commercial film and photographic print processor” means any person who develops exposed photographic film into negatives, slides or prints or who makes prints from negatives or slides, for compensation. The term includes any employee of such a person; it does not include a person who develops film or makes prints for a public agency.
30. A child visitation monitor. As used in this article, “child visitation monitor” means any person who, for financial compensation acts as monitor of a visit between a child and any other person when the monitoring of that visit has been ordered by a court of law.
31. An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings:
a. “Animal control officer” means any person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations.
b. “Humane society officer” means any person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code.
32. A clergy member, as specified in subdivision © of Section 11166. As used in this article, “clergy member” means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple or recognized denomination or organization.
•    Any employee of any police department, county sheriff’s department, county probation department or county welfare department.
a.  Volunteers of public or private organizations whose duties require direct contact and supervision of children are encouraged to obtain training in the identification and reporting of child abuse.
b.  Volunteers of public or private organizations whose duties require direct contact and supervision of children are encouraged to obtain training in the identification and reporting of child abuse.
c.  Training in the duties imposed by this article shall include training in child abuse identification and training in child abuse reporting. As part of that training, school districts shall provide to all employees being trained a written copy of the reporting requirement and a written disclosure of the employees’ confidentiality rights.
d.  School districts that do not train the employees specified in subdivision (33.a) in the duties of child care custodians under the child abuse reporting laws shall report to the State Department of Education the reason why this training is not provided.
e.  The absence of training shall not excuse a mandated reporter from the duties imposed by this article.

ANSWER:  The primary duty of a Mandated Reporter is to report any suspicion of abuse (sexual, physical, emotional, psychological, and/or neglect). Mandated Reporters are also expected to contact law enforcement when death threats to a specific and identifiable target have been communicated, (also known as a: “Terasoft Treat”); and Mandated Reporters are expected to contact crisis intervention specialists if someone makes a threat of suicide against their own lives. Please note: The duty of a Mandated Reporter is not to investigate nor verify the validity of any allegation or suspicion of abuse.

TRAINING & SECURITY CLEARANCE:

ANSWER: Please assist the volunteer in understanding that both training and fingerprints are required if their position requires it and if their role requires having “on-going, unsupervised contact” with children and vulnerable adults. Please refer to page # 12 in this Safe Environment Handbook for additional assistance.

ANSWER: Parents can keep their children home that day as an informal opt-out or parents can sign an ‘Opt-out’ form, but will be offered some ‘take home material’. And if parents refuse those too, they need to fill out a form verifying that ‘take home material’ was offered but denied. However, please note that no volunteer can ‘Opt-out’ of Safe Environment Training.

ANSWER: In regards to frequency of training: Our goal is for students to be trained each year; employees and volunteers (whom have ongoing contact with children and vulnerable adults) need to be trained once every 3 years.

ANSWER: Yes. Please call the Office of Protection to schedule a live “Safe Environment” Training.

ANSWER: Yes; because results may not be shared, we do not have access to your fingerprint result information from another agency.

ANSWER: 1) Employees and volunteers fingerprinted under the Education Code pay a $20.00 “rolling” fee upon arrival at the Santa Clara County Sheriff’s Office.  2)  Employees and volunteers fingerprinted under the Penal Code pay a $10.00 “rolling” fee.  The parish or school may or may not elect to reimburse you for these fees.

ANSWER: No, the Diocesan Personnel Office is the agent that has permission to set up fingerprint appointments for employees and volunteers.  The Personnel Office has trained special representatives in the parishes and schools to set up fingerprint appointments.  However, only the Personnel Office has permission to review the results.

ANSWER: The Diocesan Personnel Office receives results from the Department of Justice, usually between 24 and 72 hours after the fingerprints were submitted.  However, if there is a delay for any reason, results can take approximately 30 days or longer to arrive.

ANSWER: When an employee schedules his/her appointment through the Diocesan Personnel Office or the designated parish or school representative, he/she has the option of choosing one of the Santa Clara County Sheriff’s Offices listed below (with whom the Diocese has a billing arrangement) at which they can have their fingerprints done.  The Personnel Office or the designated parish or school representative sets up a fingerprinting appointment date and time for the employee or volunteer to go to the Sheriff’s Office.  The employee or volunteer receives a form indicating the fingerprinting appointment date and time, and Live-Scan Forms, which the employee or volunteer must take with them to the Sheriff’s Office.  The Sheriff’s Office does the actual fingerprinting and sends the prints to the Department of Justice for a criminal check.

San Jose Sheriff’s Office        55 W. Younger Ave.      San Jose, Ca.  95110          (408) 808-4760
West Valley Sheriff’s Office   1601 S. DeAnza Blvd.    Cupertino, CA  95014        (408) 868-6614
San Martin Sheriff’s Office    12431 Monterey Rd       San Martin, Ca.  95046      (408) 686-3651
Stanford Sheriff’s Office           711 Serra St.                    Stanford, Ca.  94305              (650) 725-2499

ANSWER: The Department of Justice furnishes a clearance or criminal record summary to the Diocesan Personnel Office. This information is strictly confidential and only the Director or Associate of Personnel has access to the clearance or criminal record summary.  A criminal record summary provides a record of arrests resulting in conviction and arrests where results are pending.  The Director or Associate of Personnel notifies the pastor or principal of the individual’s clearance or lack of clearance to work/serve, and then the summary is destroyed.  Information regarding a criminal record may not be shared with anyone other than the pastor or principal.

ANSWER: Yes, an employee may obtain a copy of his/her fingerprint results by contacting the Department of Justice.

ANSWER: Candidates are not discriminated against solely on a prior record. Several factors are considered. Depending upon the type of offense, age at the time of the offense, and the candidate’s honesty on the employment or volunteer application, the Director or Associate for Personnel makes a determination and advises the pastor or principal regarding the hiring of a candidate or volunteer or the termination of a current employee or volunteer. However, under no circumstances is a person with a conviction record of sexual misconduct with a minor considered for employment or as a volunteer in any program serving children, youth or dependent adults

ANSWER: The data verifying that you have been fingerprinted is kept on file in the Diocesan Personnel Office for employees or, in the case of volunteers, in the Chancellor’s Office.  When an employee or volunteer fingerprinted under the Education Code leaves employment or service with the Diocese, the Diocese submits a “No Longer Interested” form to the Department of Justice stating it is no longer interested in receiving subsequent notification service on the person previously fingerprinted for employment, licensing, or certification.  The Diocese does not receive subsequent notification service on employees or volunteers fingerprinted under the Penal Code.  However, in either case, an individual who leaves and subsequently returns at a later time must have fingerprints redone.

ANSWER: Our Diocese of San Jose policy mandates that all volunteers and employees whom have ongoing, unsupervised contact with minors and/or vulnerable adults must be fingerprinted and trained.

ANSWER: Moreover, the Charter mandates in ARTICLE  13: Dioceses/eparchies are to evaluate the background of all incardinated and non-incardinated priests and deacons who are engaged in ecclesiastical ministry in the diocese/eparchy and of all diocesan/eparchial and parish/school or other paid personnel and volunteers whose duties include ongoing, unsupervised contact with minors. Specifically, they are to utilize the resources of law enforcement and other community agencies. In addition, they are to employ adequate screening and evaluative techniques in deciding the fitness of candidates for ordination (cf. United States Conference of Catholic Bishops, Program of Priestly Formation [Fifth Edition], 2006, no. 39).