New Child Abuse Amendments (Effective December 31, 2014)

Transcription

1 New Child Abuse Amendments (Effective December 31, 2014) Who are Mandatory Reporters Any school employee coming into direct contact with children. Any individual providing a program, activity, or service sponsored by a school (e.g., independent contractors, volunteers). Any individual providing effort (paid or unpaid) for a regularly scheduled program, activity, or service not necessarily sponsored by a school where individuals accept responsibility for a child (e.g., Girl and Boy Scout programs, religious camp or youth group programs). A. Child Abuse Defined Child Abuse That Mandatory Reporters Must Report Must have been conduct causing harm to a child under 18 years of age. Must be intentional, knowing, and reckless conduct (as defined by criminal law). Must have occurred within most recent two years. B. Types of Child Abuse Bodily injury or reasonable likelihood of bodily injury (through action or failure to act); Serious mental injury; Serious physical neglect; Sexual abuse or exploitation; Fabricating, feigning or intentionally exaggerating, or inducing a medical system or disease which results in a potentially harmful medical evaluation or treatment to a child; Engaging in any of the following acts: (1) kicking, biting, throwing, burning, stabbing, or cutting a child in a manner that endangers the child; v PSEA Legal Division 1

2 (2) unreasonably restraining or confining a child, based on the consideration of the method, location, or the duration of the restraint or confinement; (3) forcefully shaking a child under one year of age; (4) forcefully slapping or otherwise striking a child under one year of age; (5) interfering with the breathing of a child; (6) causing a child to be present at a location where there is a methamphetamine laboratory, provided that a criminal violation at the laboratory is being investigated by law enforcement; and (7) leaving a child unsupervised with an individual other than the child s parent who the actor knows or reasonably should have known is required to register as a sexual offender under Megan s Law where the victim of the sexual offense was under 18 years of age when the crime was committed; has been determined to be a sexually violent predator under criminal law; or has been determined to be a sexually violent delinquent child under criminal law; and Causing the death of a child through any act or failure to act. C. Exceptions Reasonable force for self defense or defense of another individual (as defined by criminal law) will not be deemed child abuse. Reasonable force on or against a child by the child s own parent or a person responsible for a child s welfare shall not be deemed child abuse under the following circumstances: (1) The use of reasonable force constitutes incidental, minor, or reasonable physical contact with the child or other actions that are designed to maintain order and control. (2) The use of reasonable force is necessary: (a) to quell a disturbance or remove the child from the scene of the disturbance that threatens physical injury to persons or damage to property; (b) to prevent the child from self inflicted physical harm; (c) for self defense or the defense of another individual; (d) to obtain possession of weapons or other dangerous objects or controlled substances or paraphernalia that are on the child or within the control of the child. Contact with children taking place in the context of interscholastic sports, physical education, and recreational or extracurricular activities that involve physical contact shall not be deemed child abuse. Child on child contact, except if (1) the child is 14 years of age or older and is responsible for the child that is injured; (2) the child is 14 years of age or older and resides in the same household as the child; and (3) the child commits an act constituting rape, involuntary deviate sexual intercourse, v PSEA Legal Division 2

3 sexual assault, aggravated indecent assault, indecent assault, or indecent exposure. Reasonable force used by parents for the purpose of supervision, control, or discipline of their children. When Child Abuse Must be Reported Mandatory reporters must report when they have reasonable cause to suspect that the above types of child abuse have been committed. The new amendments identify the following instances as examples of when reasonable cause to suspect exist: When mandated reporters come into contact with a child in the course of employment, occupation, or practice of a profession or through a regularlyscheduled program, activity, or service (e.g., as a parent volunteer in a classroom or on a school field trip); When mandated reporters are directly responsible for the care, supervision, guidance, or training of a child or are affiliated with an entity that is directly responsible for the care, supervision, guidance, or training of a child (e.g., as a scout leader or a religious organization youth group leader); When a person makes a specific disclosure to the mandated reporter that an identifiable child is the victim of abuse; and When an individual 14 years of age or older makes a specific disclosure to the mandated reporter that an identifiable child is the victim of abuse. To Whom Child Abuse Must be Reported Step #1: Call the Department of Public Welfare via its statewide toll free number or via a written report through electronic technologies (e.g., , Internet communication). (Note: The Department will issue guidance for making electronic reports.) Step #2: Within 48 hours of the oral or written report via electronic technologies to the Department, a written report must be made to the children and youth agency in the county where the alleged abuse occurred. Step #3: Those who are mandated reporters by virtue of their school employment or work as independent contractors or volunteers for schools or other similar institutions working with children must subsequently notify the administrator of the school or institution that he/she has made a child abuse report v PSEA Legal Division 3

4 Investigations of Child Abuse Once a child abuse report is received by the Department (via the statewide hotline or electronic technologies), if the conduct implicates a criminal offense, the Department will notify local law enforcement as well as the county children and youth agency. Both law enforcement and the county children and youth agency will then jointly investigate the allegations via a group known as the multidisciplinary investigative team. If allegations of child abuse do not give rise to the prospect of criminal action, then the county children and youth agency is solely responsible for the investigation of the child abuse allegations. A children and youth investigation (either through the multidisciplinary investigative team or through its own investigation) must conclude within 60 days and at the end of the 60 days, an unfounded, indicated, or founded report must be submitted to the Department s Statewide Register. Tips for Making Reports Contact a PSEA attorney for advice and the benefit of being able to say that you acted upon the advice of legal counsel. Make them in writing via electronic technologies (if possible). Keep a copy of the written report and make an additional copy to give to school administration when notifying school administration of the report. Be as specific as possible as to the basis of knowledge (e.g., be careful to mention what facts are based upon hearsay and what facts, if any, are based upon personal observation). Questions About Reporting and if Accused of Child Abuse For those who have questions about whether to report child abuse Contact your PSEA UniServ Representative, who will put you in touch with a PSEA attorney at PSEA Headquarters. For those who have had accusations of child abuse or an issuance of an indicated report rendered against them that is affecting their school employment Contact your PSEA UniServ Representative and PSEA Region Attorney v PSEA Legal Division 4

5 Coordination of Legal Reporting Obligations Under the Child Protective Services Law and Other Legal Reporting Obligations for School Employees Special Reporting Obligation of Certified Educators All school employees who have reasonable suspicions that one of the child abuse categories discussed above occurred must report to the Department of Public Welfare, county children and youth agencies, and school administration, as outlined above. Certified educators, however, have the additional reporting obligation to report when they know (i.e., have personal knowledge beyond hearsay) that a fellow certified educator engaged in sexual abuse or exploitation (as defined by the child abuse law) or sexual misconduct (i.e., grooming behaviors) under the Educator Discipline Act (EDA). These reports must be made to both school administration and the Department of Education within 15 days of having discovered the conduct. Definition of Sexual Misconduct (i.e., Grooming Behaviors) Certified educators who have direct knowledge (beyond hearsay) of certified educators having engaged in sexual abuse or exploitation (as that term is defined under the CPSL) or sexual misconduct (i.e., grooming behavior) have reporting obligations under EDA. Sexual misconduct (i.e., grooming behavior) includes sexual or romantic invitations made to students; dating or solicitation of dates with students; sexualized or romantic dialogue with students; making sexually suggestive comments; self disclosure or physical disclosure of a sexual, romantic, or erotic nature; and any sexual, indecent, romantic, or erotic conduct with a child or student. Other Action That is not Child Abuse or Sexual Misconduct but, Nonetheless, Gives Rise to Harm or the Potential for Harm to Students School employers are charged with the health, safety, and welfare of their students while those students are in their charge. School employers hold school employees accountable for this obligation. Thus, if school employees are aware of instances in which the actions of school employees have caused student harm or give rise to the potential for student harm (e.g., school employees reporting to work inebriated), they may have an obligation to report their knowledge to their school employer as a part of their employment responsibilities. Questions on Any of the Above PSEA members who have questions about whether they have an obligation to report under any of their legal reporting obligations i.e., as mandatory reporters under the CPSL; as certified educators under EDA; or as school employees with the protection of students as a part of their scope of employment responsibilities should contact their PSEA UniServ Representatives, who will put them in touch with a PSEA attorney at PSEA Headquarters v PSEA Legal Division 5