Mandated Reporter Training Quiz: Identifying and Reporting Child Abuse, Maltreatment and Neglect Review of Chancellor s Regulation A-750 Prepared by: Donna Brailsford, CFN 205 Joanne Wolk, CFN 201
1. A mandated reporter is required to make an oral report of a suspected child abuse or neglect situation immediately and to submit a written report (LDSS 2221-A) within seventytwo hours.
False The written report must be made within 48 hours of the oral report by Principal/designee or staff member An OORS report must be made within 24 hours (Sec. I, A, 5)
2. Paraprofessionals and school aides are not considered mandated reporters.
False All pedagogical and non pedagogical personnel are required to report suspected cases of child abuse, maltreatment or neglect (Sec. I, A, 1)
3. A mandated reporter should have clear and sufficient evidence before reporting any allegations of maltreatment.
False The reporter is not required to possess certainty or to interview the child before a report is made, only reasonable suspicion is necessary. (Sec. I, A, 1 a)
4. In New York State, a child abuse report can be made if a parent or other person legally responsible for the child s care causes harm to the child.
True A child is considered abused or maltreated if the child is less than 18 years old (21 years old or less if in a residential placement) and a parent or other person legally responsible for the child s care harms the child, creates substantial risk of harm, or fails to exercise a minimum degree of care to protect the child. (CR. A-750 Preface)
The following persons can be reported to the State Central Registry (SCR) Parent Guardian Person acting in parental role Day care provider Residential child care staff
5. Public school teachers can be reported to the State Central Register (SCR) if they mistreat a child in their classroom.
False Misconduct and/or sexual abuse involving students by DOE employees or others connected with school programs or services, whether on or off school premises must be immediately reported to the Special Commissioner of Investigation at 212-510-1400. (Sec. I, D) See also CR A-420 Corporal Punishment/CR A-421 Verbal Abuse *The knowing failure of an employee to report said misconduct is cause for removal from office or employment.
6. If you have notified the person designated in your school of suspected abuse, your obligation as a mandated reporter has been fulfilled.
False If a mandated reporter has reasonable cause to suspect a child has been abused, maltreated or neglected the mandated reporter is required to personally report the suspicion to the NYS State Central Register and obtain a call ID number. (Sec. I, A) The report must also contain the name, title and contact information for every staff person who is believed to have direct knowledge of the allegations in the report (Sec. I, A, 1, c)
After making the report to SCR, immediately (and no later than the end of the school day), notify the principal/designee and provide him/her with the Call I.D. If you have knowledge that a report has already been made to the SCR by another mandated reporter in the school, you may immediately either (1) report the suspicion to SCR also or (2) consult with the designee. If it is confirmed that another report has been made, he/she must immediately provide the Call I.D. number. If the principal/designee does not provide the Call I.D. number by the end of the school day, or does not confirm that a report has already been made, the mandated reporter must immediately call in the report to the SCR
Highlights of Chancellor s Regulation A-750 If you have reasonable cause to suspect child maltreatment: Mandated Reporters must immediately call State Central Register (SCR) 1(800) 635-1522 Obtain the Call I.D. Number from the SCR Notify the Principal or Designee of Call I.D. Number immediately upon filing the report to the SCR 16 Revised 8.15.09 Developed by J.Marquez OSYD-CANP
Designee completes and submit the LDSS 2221-A within 48 Hours (To the field office in the borough where the alleged subject of the report resides) Principal or Designee completes a DOE OORS report and enters the Call I.D. Number as well as the type of abuse or neglect that was reported Copies of the LDSS 2221-A must be submitted to: Principal or Designee ISC/OYD Child Abuse Prevention Liaison 17 Revised 8.15.09 Developed by J.Marquez OYD-CANP
7. A mandated reporter would be liable ONLY if the original report was later considered unfounded.
False Mandated reporters have immunity from liability REGARDLESS of the outcome of the investigation if they are participating in good faith. Note the malicious filing of a report is strictly prohibited and is not protected by law. (Sec. III, A)
8. If a mandated reporter has a reasonable cause to suspect that a child is being maltreated and fail to report, this would be considered a Class A misdemeanor.
True Under Social Services Law, the willful and/or knowing failure to report child abuse may result in criminal action or civil liability if the employee had reasonable cause to suspect it. It may also result in disciplinary action against the employee by the DOE. (Sec. III, B)
9. When a mandated reporter makes a report to the New York State Central Register, every effort is made to maintain source confidentiality.
True Reports to the SCR are confidential, but reports cannot be made anonymously. (S.S.L. 422 (4)(a).) CPS workers are prohibited from releasing the name of the reporter or the school affiliation to the parent.
In addition, school employees are prohibited from disclosing the name of the reporter or confirming that the school made the report to the family or any unauthorized individual. Report any Breach of Confidentiality to the Office of Legal Services 212 374-6888 (Sec. I, A, 7)
10. Mandated reporters are required to inform the parents that a suspected child abuse/maltreatment report is being made.
False The Chancellor s Regulation states that you CANNOT inform parents if a report is made school employees are prohibited from disclosing the name of the mandated reporter or confirming that the school made the report to the family (Sec. I, A, 7)
11. A teacher receiving a subpoena to appear in court is not required to report if it is during the work day.
False School staff must comply with all lawfully issued subpoenas. In the event a staff member receives a subpoena to appear in court or to provide documents in connection with a child abuse case, he/she must immediately contact the CFN Network Leader/designee and DOE Office of Legal Services at (212) 374-6888 for further information and assistance. (Sec.III, D)
12. Schools are required to release all educational records including an IEP for purposes of an active child protective case without requesting parental consent.
True Principals and all school officials are legally obligated to cooperate in investigations of alleged child abuse. (Sec. II, A, 1) Parental consent is not required to release a child s record or IEP when ACS is conducting a child abuse investigation. (Sec. II, A, 1, b)
13. School officials must make photocopies of ID cards of ACS workers when investigations are on school grounds
False You must verify the worker s credentials by asking to see (NOT photocopy) their ID card and by calling the individual s supervisor A member of school staff may be present (NOT required) during interview if child appears uncomfortable being alone with ACS worker (Sec. III, A, 1)
14. A child must be kept in the school, even past their school day, after a report has been made until the ACS worker arrives
False The child and family will be contacted within 24 hours of a call being placed to the State Central Register (SCR) The student must be dismissed normally unless it is determined that the child s life or safety is in imminent danger if the child returns home. The Principal or designee must then call 911 (Sec. II, A, 1)
15. Educational Neglect is a student who is truant an excessive amount of days.
False Educational Neglect must be differentiated from Truancy: When a child is excessively absent from school through intent or neglect of the parent or caretaker, there is educational neglect. When a child is absent through his/her own intent, this is truancy. Truancy alone is not reportable to the SCR. (Sec. II, A, 1)
Educational Neglect - Definition Educational neglect is considered to be the failure of a parent, or person legally responsible for a child, to ensure their child s prompt and regular attendance in school or the keeping of a child out of school for impermissible reasons resulting in an adverse effect on the child s educational progress or imminent danger of such an adverse effect. [CR A-750] Developed by J.Marquez - OSYD-CANP
Scenarios
Resources NYS Laws/Mandated Reporter website http://www.nysmandatedreporter.org/default2.html Online trainings http://www.nysmandatedreporter.org/default2.html DOE resources/chancellors Regulations http://schools.nyc.gov/studentsupport/nonacademicsupport/childa buse/default.htm Q & A about Child Physical Abuse http://www.nctsn.org/products/questions-answers-about-childphysical-abuse-2008
Handouts True/False Questions Highlights of Chancellors Regulations A-750 (blue card) What Happens When I Report? A Quick Guide for School Staff