Certain school officials, as set forth below, are mandated reporters of child abuse in a domestic setting. The purpose of mandatory reporting is to identify suspected abused and maltreated children as soon as possible, so that such children determined to be abused or maltreated can be protected from further harm and, where appropriate, can be offered services to assist him or her and his or her family.
School officials, who have reasonable cause to know or suspect that a child has been subjected to abuse or maltreatment, must immediately report this to the New York State Central Register for Child Abuse and Maltreatment (Central Register), as required by law. No conditions may be imposed which limit their responsibility to report.
A school official is defined as:
Teacher
Guidance counselor
Psychologist
Social Worker
Teaching Assistant
Nurse
Administrator
Full-Time or Part-Time Athletic Coach
Any school personnel required to hold a teaching or administrative license or certificate.
The school official will also report the matter to the Building Principal or administrative designee.
The initial report shall be made by telephone to the local child protective service agency (CPS) and a written report shall be made within 48 hours to the local CPS, and to the statewide Central Register.
School employees who are not school officials, as defined above, but who have reasonable cause to know or suspect that a child has been subjected to abuse or maltreatment must immediately report the matter to the Building Principal or administrative designee. Such employees are also encouraged to report to the local CPS agency and statewide Central Register. If the matter has not yet been reported to the statewide Central Register, the Building Principal or administrative designee shall make the report in accordance with state law.
School officials or employees may not contact the child's family or any other person to determine the cause of the suspected abuse or maltreatment. It is not the responsibility of the school official or employee to prove that the child has been abused or maltreated.
Any school official or employee who has cause to suspect that the death of any child is a result of child abuse or maltreatment must report that fact to the appropriate medical examiner or coroner.
In accordance with law, any school official who fails to report an instance of suspected child abuse or maltreatment may be guilty of a Class A misdemeanor and may be held liable for the damages caused by the failure to report. The law grants immunity to persons who, in good faith, report instances of child abuse from any liability.
School officials and employees will not be subject to retaliatory action, as defined in state law, as a result of making a report when they reasonably suspect that a child has been abused or maltreated.
Knowingly reporting a false claim of child abuse is a violation of state law and this policy acknowledges that it is a crime to do so. The District will make every reasonable effort to ensure the integrity of the District’s child abuse reporting process and procedure.
School District Relationship with Local Social Services District
The District will cooperate to the extent possible with authorized CPSworkers in investigations of alleged child abuse. The Superintendent, or his or her designee, will represent the District when collaborating with local social service agencies to address instances of abuse or maltreatment, and in the development of policy and procedures regarding abuse or maltreatment (including educational neglect). In addition, the Superintendent will share a copy of the District’s attendance policy with the local social services district.
CPS Interviews at School
If CPS determines that it is necessary to interview a child at school to ascertain whether he or she has been abused or maltreated or to obtain documentation of such acts, the interview should be conducted in the presence of a school official. The school official shall examine and verify the credentials of CPS workers before allowing them to interview the child or examine the child’s records. If sexual abuse is indicated, the presence of a same-sex staff member during the interview is appropriate.
Training
The District shall maintain an ongoing training program which will address the identification and reporting of child abuse and maltreatment, including the legal implications of reporting and not reporting. Attendance at sessions of this training program shall be required of all school officials. Attendance records shall be kept, including electronic certificates of completion that include the dates of attendance.
The Superintendent shall develop, with input from appropriate personnel, a plan for an ongoing training program. In addition, the policy and regulations will be included in all employee handbooks and distributed or made electronically accessible annually to all school officials who are not covered under existing handbooks.
Cross-ref: Comprehensive Attendance, 5100
Ref: Child Protective Services Act of 1973 Social Services Law §§411 et seq.
Social Services Law §34-a Family Court Act §1012
Education Law §3209-a Penal Law 240.50
Family Educational Rights and Privacy Act,
20 U.S.C. §1232g, 45 CFR §99.36
Adoption date: December 1, 1995
Amended date: September 21, 2009
Amended date: November 19, 2018
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