2007 7530
1 of 2
Students
SUBJECT: CHILD ABUSE AND NEGLECT/MALTREATMENT
The
Regulations shall be developed, maintained and disseminated by the Administration regarding the:
a) Mandatory reporting of suspected child abuse or neglect/maltreatment;
b) Reporting procedures and obligations of persons required to report;
c) Provisions for taking a child into protective custody;
d) Mandatory reporting of deaths;
e) Immunity from liability and penalties for failure to report;
f) Obligations for provision of services and procedures necessary to safeguard the life of a child; and
g) Provision of information in recognizing signs of unlawful methamphetamine laboratories for all current and new school officials (i.e., "mandated reporters") who, as part of their usual responsibilities, visit children's homes.
Additionally, an ongoing training program for all current and new school officials shall be established and implemented to enable such staff to carry out their reporting responsibilities.
School Officials Required to Report
The definition of a "school official" who is mandated to report cases of child abuse or neglect/maltreatment to the State Central Register (SCR) pursuant to Social Services Law Section 413(1) includes, but is not limited to, school teachers, school guidance counselors, school psychologists, school social workers, school nurses, school administrators or other school personnel required to hold a teaching or administrative license or certificate.
All mandated reporters shall make the report themselves and then immediately notify the Building Principal or his/her designee. The Building Principal or his/her designee shall be responsible for all subsequent administration necessitated by the report. Any report shall include the name, title and contact information for every staff member who is believed to have direct knowledge of the allegations in the report.
Prohibition of Retaliatory Personnel Action Social Services Law Section 413(1) also prohibits a school from taking any retaliatory personnel action against an employee because such employee believes that he/she has reasonable cause to suspect that a child is an abused or neglected/ maltreated child and that employee makes a report to SCR pursuant to Social Services Law. Further, no school or school official shall impose any conditions, including prior approval or prior notification, upon any staff member specifically designated a mandated reporter.(Continued)
2007 7530
2 of 2
Students
SUBJECT: CHILD ABUSE AND NEGLECT/MALTREATMENT
(Cont’d.)
Pursuant to Labor Law Section 740(1)(e), "retaliatory personnel action" means the discharge, suspension or demotion of an employee, or other adverse employment action taken against an employee in the terms and conditions of employment.
Report Form
The New York State Office of Children and Family Services "Report of Suspected Child Abuse or Maltreatment" Form LDSS-2221A may be accessed at:
http://www.ocfs.state.ny.us/main/cps/
Education
Law Section 3209-a
Family
Court Act Section 1012
Labor
Law Section 740(1)(e)
Social
Services Law Sections 411-428
Adoption Date: March 10, 2008