New York State Law (Child Protective Service Act of 1973, as amended) provides for reporting by school personnel of suspected cases of child abuse. These regulations are designed to implement this law within the District and to help protect students from the harmful effects of child abuse.
Definitions
Abused Child, according to Social Services Law and the Family Court Act, is a child less than 18 years of age whose parent or other person legally responsible for his or her care:
a. inflicts or allows to be inflicted upon such child physical injury by other than accidental means which causes or creates a substantial risk of death, or serious or protracted disfigurement, or protracted impairment of the function of any bodily organ; or
b. creates or allows to be created a substantial risk of physical injury to such a child by other than accidental means which would be likely to cause death or serious or protracted disfigurement, or protracted impairment of physical or emotional health, or protracted loss or impairment of the function of any bodily organ; or
c. commits, or allows to be committed, a sex offense against such child, as defined in the penal law, provided, however, that the corroboration requirements contained therein shall not apply to proceedings under this article.
Neglected or Maltreated Child, according to the Family Court Act, is a child less than 18years of age:
a. whose physical, mental, or emotional condition has been impaired or is in danger of becoming impaired as a result of the failure of his parents or other person legally responsible for his care to exercise a minimum degree of care:
in supplying the child with adequate food, clothing, shelter, or education in accordance with provisions of Part One, Article 65 of the Education Law, or medical, dental, optometrical or surgical care though financially able to do so or offered financial or other reasonable means to do so; or
in providing the child with proper supervision or guardianship, by unreasonable inflicting or allowing to be inflicted harm, or a substantial risk thereof, including the infliction of excessive corporal punishment; or by using a drug or drugs; or by using alcoholic beverages to the extent that he/she loses self-control of his/her actions; or by any other acts of a similarly serious nature requiring the aid of the court; or
b. who has been abandoned by his/her parent(s) or other person legally responsible for his/her care.
Impairment of Emotional Health and Impairment of Mental or Emotional Condition includes a state of substantially diminished psychological or intellectual functioning in relation to, but not limited to, such factors as failure to thrive, control of aggressive or self-destructive impulses, ability to think and reason, or acting out of misbehaior, including incorrigibility, ungovernability, or habitual truancy; provided that the impairment must be clearly attributable to the unwillingness or inability of the parent/guardian or custodian to exercise a minimum degree of care toward the child.
Educational Neglect requires the presence of the following elements:
a. Excessive absences from school by the child (defined as 10 unexcused absences);
b. Reasonable cause to suspect that the parent/guardian is aware or should have been aware of the excessive absenteeism and the parent/guardian has contributed to the
problem or is failing to take steps to effectively address the program; and
c. Reasonable cause to suspect educational impairment or harm to the child or imminent danger of such impairment or harm.
Person Legally Responsible includes the child's custodian, guardian, or any other person responsible for the child's care at the relevant time. Custodian may include any person continually or at regular intervals found in the same household as the child when the conduct of such person causes or contributes to the abuse or neglect of the child.
Reporting procedures and related information:
1. All school officials, as defined in the Policy, when they have reasonable cause to suspect that a child is abused or maltreated must report it to the New York State Central Register for Child Abuse and Maltreatment (800-342-3720).
2. The school official must also advise the Building Principal of the report who will inform the Superintendent of the report. A determination will be made if any additional steps need to be taken by the District (such as contacting the school physician, social worker or other support services).
3. In the event an employee who is not required to report under such law has reasonable cause to suspect that a child is abuse or neglected, is strongly encouraged to make a report to the Central Register. The employee must also report the matter to the Building Principal.
4. If the Building Principal is informed of a case of suspected child abuse or maltreatment that has not yet been reported to the Central Register, the Building Principal is required to:
a. Call the Central Register and make a verbal report;
b. Contact the Central Register by facsimile machine on a form supplied by the
Commissioner of Social Services; and
c. file a written report with the local child protective services agency and Central
Register within 48 hours after the above report; and
d. Determine if additional steps need to be taken by the District.
5. Only one report of any suspected abuse is required.
6. The Building Principal may take photographs or cause photographs to be taken of the areas of visible trauma on the child, and/or, if medically indicated, cause an examination to be performed. Such actions may be performed at public expense is they will provide appropriate documentation when filing the report. Photographic equipment shall be kept at the school and be available for this purpose.
7. Personnel have the right to request that the identity of the individual making the report or information that would identify such individual be withheld if furnishing the information may prove detrimental to the safety or interest of that individual.
8. If Child Protective Services seeks to interview a child at school to ascertain whether he/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 Child Protective Services worker(s) before allowing such worker(s) to either interview the child or to examine the child's records. If sexual abuse is indicated, the presence of a same-sex staff member during the interview is appropriate.
9. The Superintendent or Building Principal can request a summary report of an investigation of a case referred to CPS. All employees who are required to report suspected child abuse shall be required to attend ongoing training sessions regarding identification and reporting of all cases of suspected child abuse, including a copy of or electronic access to Policy 5460 and these regulations.
10. School personnel who, in good faith, make a report or take photographs of injuries and bruises have immunity from any liability, civil or criminal. The good faith of any person required to report cases of child abuse or maltreatment is presumed.
11. School personnel who have reasonable cause to suspect that a child has died as a result of child abuse or maltreatment shall report that fact to the appropriate medical examiner or coroner.
12. Any person required to report suspected cases of child abuse or maltreatment and who fails to do so may be found guilty of a class A misdemeanor and may be held civilly liable for the damages caused by this failure. Such person may also be subject to discipline in accordance with law and applicable collective bargaining agreements.
Adoption date: December 1, 1995
Amended date: November 19, 2018
To print or download this policy, please click here.