Model Contract Language for Contracts Involving Contractor ...

Model Contract Language for Contracts Involving Contractor Services Performed
on Campus [may also be adapted and included in Volunteer Agreements] – Mandated
Contractor Reporting of Suspected Child Abuse & Neglect
1. Option A – Long Form
[Institution Name] is committed to protecting the safety and welfare of children who
come into contact with the institution community. Maryland law contains mandatory
reporting requirements for all individuals who suspect child abuse or neglect. See
Maryland Code Annotated, Family Law Article, Sections 5-701 through 5-708.
Contractors performing work on campus also must comply with USM Board of Regents
(BOR) VI-1.50 – Policy on the Reporting of Suspected Child Abuse & Neglect, as well
as the [Institution] Procedures for Reporting Suspected Child Abuse and Neglect.
Pursuant to USM BOR VI-1.50, contractors performing work on campus must report
suspected child abuse or neglect orally or in writing to: (a) the local department of social
services or law enforcement agency; and (b) the University President’s Designee(s), if the
suspected child abuse or neglect: (i) took place in institution facilities or on institution
property; (ii) was committed by a current or former employee or volunteer of the USM;
(iii) occurred in connection with an institution sponsored, recognized or approved
program, visit, activity, or camp, regardless of location; or (iv) took place while the
victim was a registered student at the institution. A copy of the above-referenced
USM/University Policy and Procedures are available in full at the following link: [
____], and the Policy and Procedures are incorporated herein. The University reserves
the right to terminate this contract if Contractor fails to comply with the above-referenced
policy or procedures, or if, in the judgment of the University, termination is necessary to
protect the safety and welfare of children who come into contact with the University
community.
2. Option B – Short Form
Maryland law contains mandatory reporting requirements for all individuals who suspect
child abuse or neglect. Contractors performing work on campus also must comply with
USM Board of Regents (BOR) VI-1.50 – Policy on the Reporting of Suspected Child
Abuse & Neglect, as well as the University Procedures for Reporting Suspected Child
Abuse and Neglect. A copy of the above-referenced USM/University Policy and
Procedures are available in full at the following link: [____], and the Policy and
Procedures are incorporated herein. The University reserves the right to terminate this
contract if Contractor fails to comply with the above-referenced policy or procedures, or
if, in the judgment of the University, termination is necessary to protect the safety and
welfare of children who come into contact with the University community.
Model Contract Language for Use of University Space or Property for Camps
(Facilities Use Agreements) – Requirements for Licensees Holding a Camp/Program
Involving Minors Using University Space or Property
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[Institution Name] is committed to protecting the safety and welfare of children who
come into contact with the institution community. If the program for which institution
space or property is to be used is considered a Youth Camp by the State of Maryland
Department of Mental Hygiene (DHMH), Licensee [or other name used in the contract
for party renting/using space or property] must provide the institution with a copy of its
Camp Certification from DHMH or a letter from DHMH indicating that its camp is in the
process and is permitted to operate a Youth Camp by 10 days prior to the scheduled start
of the camp. If the Licensee fails to furnish the required certificate, [institution] reserves
the right to cancel the Licensee’s use of the Licensed Space, and Licensee will be
responsible for payment of all cancellation charges.
If Licensee’s program will involve minors, but is not considered a Youth Camp by
DHMH, [Institution] requires that the program meet the minimum standards explained
below. The institution reserves the right to cancel the Licensee’s use of University space
or property for failure to comply with the minimum standards explained below, and
Licensee will be responsible for payment of all cancellation charges:
- All staff and volunteers are to be cleared through an FBI fingerprint based
background check before they have any access (whether supervised or not) to
minor campers/program participants.
- Regardless of whether a staff member or volunteer is staying in [Institution]
housing, camps/programs hosting children under the age of 18 must not utilize in
a paid or volunteer capacity anyone who is a convicted felon or has been
convicted of a violent crime, crime of child abuse or neglect, or sex offense.
- All camps/programs will include in their staff and volunteer training the ability to
recognize the signs of child abuse and the procedures under Maryland law, the
camp/program, the University System of Maryland, and the institution, for
reporting incidents.
Regardless of whether Licensee is operating a Youth Camp or a camp/program involving
minors that is not designated by DHMH as a Youth Camp, Licensee and its staff and
volunteers shall remain obligated to comply with Maryland law requirements governing
the reporting of child abuse or neglect. See Maryland Code Annotated, Family Law
Article, Sections 5-701 through 5-708. In addition, Licensee and its staff and volunteers
shall be obligated to comply with University System of Maryland Board of Regents VI-
1.50 – Policy on the Reporting of Suspected Child Abuse & Neglect, as well as the
University Procedures for Reporting Suspected Child Abuse and Neglect, both of which
are located [provide link], and both of which are incorporated herein.
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