Pol-Reporting Abuse of a Minor
policy modified Tue Sep 19 2023 15:41:59 GMT-0400 (Eastern Daylight Time)
University of Louisville
Reporting Abuse of a Minor
January 1, 2013
This policy applies to University of Louisville employees, students, volunteers, and Third-Party Programs.
REASON FOR POLICY
The purpose of this policy is to define and inform University of Louisville (University) employees, students, volunteers, and Third-Party Programs of their reporting requirements, as state Mandated Reporters of suspected Abuse, Neglect, or Dependency of a Minor.
The University of Louisville is committed to the health, safety, and welfare of Minors and complying with the laws regarding mandatory reporting of Abuse, Neglect, or Dependency of a Minor.
Mandatory Reporting of Known or Suspected Abuse, Neglect, or Dependency of a Minor
The University requires its employees, students, volunteers, and/or Third-Party Programs to report known or suspected Dependency, Abuse, or Neglect of a Minor in accordance with Kentucky Revised Statute (KRS) 620.030. University employees, students, volunteers, and/or Third-Party Programs are responsible for knowing the reporting requirements outlined in KRS 620.030, which include, but are not limited to the following statements:
KRS 620.030 (1)
“Any person who knows or has reasonable cause to believe that a child is dependent, neglected, or abused shall immediately cause an oral or written report to be made to a local law enforcement agency or the Department of Kentucky State Police; the cabinet or its designated representative; the Commonwealth's attorney or the county attorney; by telephone or otherwise. Any supervisor who receives from an employee a report of suspected dependency, neglect, or abuse shall promptly make a report to the proper authorities for investigation.”
Protection from Retaliation
The University prohibits any form of retaliation or retribution of anyone participating in the mandatory reporting requirements outlined in this policy. This includes any University employee, student, volunteer, or Third-Party Program who makes a report to Child Protective Services, state or local law enforcement agencies, including ULPD, other agencies, and/or a supervisor, the Department of Enterprise Risk and Insurance, or other responsible University official and is in accordance with the University’s Duty to Report and Non-Retaliation Policy. Additionally, KRS 620.050 offers legal immunities for good-faith actions or reports.
“Anyone acting upon reasonable cause in the making of a report or acting under §§ 620.030 to 620.050 in good faith shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed.”
Failure to report any known or suspected Abuse, Neglect, or Dependency of a Minor will result in disciplinary actions and may result in criminal charges. Any violations or non-compliance with this policy are subject to disciplinary actions, up to and including termination of employment, suspension, or termination of participation in University youth programs, and/or legal prohibitions regarding physical presence (trespassing) on University property or facilities. Disciplinary actions will be dealt with in accordance with applicable University policies and procedures.
Abuse of a Minor
A Minor whose health or welfare is harmed or threatened with harm by a parent, guardian, person of authority, or person exercising custodial control or supervision by inflicting, allowing, creating risk, or exploiting a Minor by physical, emotional, or sexual injury.
Dependency of a Minor/Dependent Minor
A Minor who is under improper care, custody, control, guardianship that is due to an intentional act of the parent, guardian, or person exercising custodial control.
Any person who has reasonable cause to believe a Minor is dependent, neglected or abused including but not limited to all University employees, students, volunteers, and sponsored Third-Party Programs.
Any individual who has not attained the age of eighteen (18) years. This is in accordance with Kentucky State Law KRS 385.012(11).
Neglect of a Minor
A Minor whose health or welfare is harmed or threatened with harm by a parent, guardian, person of authority, or person exercising custodial control or supervision by repeatedly failing, abandons, or does not provide adequate care or provisions for a Minor.
For the purposes of this policy, Third-Party Programs are programs that utilize University facilities or property, are offered by an individual or entity that is not affiliated with the University, and have a participant group made up, in whole or in part, of Minors. The Third-Party Program assumes full and primary responsibility for the supervision of the Minors. Such groups may include but are not limited to organized civic, cultural, service, religious, industrial organizations; public school groups; and college and university groups with memberships not solely restricted to university students, faculty, and staff.
University employees, students, volunteers, and Third-Party Programs are all Mandatory Reporters and must comply with the reporting procedures outlined below to report any known or suspected Abuse, Neglect, or Dependency of a Minor:
- If there is immediate danger or injury to a minor that requires emergency response, Call 911.
- Report to Child Protective Services at 1-800-752-6200.
- Report to the Department of Enterprise Risk and Insurance by completing the Youth Protection Program – Incident Report form within 8 hours of report to CPS.
Vice President for Risk, Audit, and Compliance
RESPONSIBLE UNIVERSITY DEPARTMENT/DIVISION
Department of Enterprise Risk and Insurance
215 Central Avenue, Suite 205
Louisville, KY 40208
Revision Date(s): April 1, 2020; January 6, 2021; September 14, 2023
Reviewed Date(s): April 1, 2020; January 6, 2021; September 14, 2023
The University Policy and Procedure Library is updated regularly. In order to ensure a printed copy of this document is current, please access it online at http://louisville.edu/policies.