guidelines for reporting suspected child abuse and maltreatment joelle labert, lmsw september 2011...

Guidelines for Reporting Suspected Child Abuse and

Maltreatment

Joelle Labert, LMSW

September 2011Many statements taken directly from The Office for Children and Family Services

www.ocfs.state.ny.us

In short, if you suspect child abuse or maltreatment…

1. It is suggested that you share with your building Principal the intent to file a report

2. Consider speaking to the student’s School Counselor/Social Worker to determine if action has already been taken

3. Call the hotline (1-800-635-1522) and present the information you have

The Office of Children and Family Services www.ocfs.state.ny.us

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In short, if you suspect child abuse or maltreatment…Con’t

4. If the report is accepted or declined:

a. Update the building Principal

b. Update or alert the student’s School Counselor/Social

Worker, as follow up may be necessary


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In short, if you suspect child abuse or maltreatment…Con’t

5. If the report was accepted:

c. Complete the written report and mail it within 48 hours to Child Protective Services 478 Main Street Buffalo, NY 14202

d. Expect a phone call from the local office


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What is Abuse or Maltreatment?

ABUSEAbuse encompasses the most serious injuries and/or risk of serious injuries to children by their caregivers An abused child is one whose parent or other person legally responsible for his or her care inflicts serious physical injury upon the child,

creates a substantial risk of serious physical injury, or commits a sex offense against the child Abuse also includes situations where a parent or other person legally responsible knowingly allows someone else to inflict such harm on a child


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What is Abuse or Maltreatment?

Maltreatment (includes Neglect)Maltreatment means that a child’s physical, mental or emotional condition has been impaired, or placed in imminent danger of impairment, by the failure of the child's parent or other person legally responsible to exercise a minimum degree of care by:

failing to provide sufficient food, clothing, shelter, education,failing to provide proper supervision, guardianship, or medical care (refers to all medical issues, including dental, optometric, or surgical care), inflicting excessive corporal punishment, abandoning the child, or misusing alcohol or other drugs to the extent that the child was placed in imminent danger

Poverty or other financial inability to provide the above is not maltreatment


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How Do I Recognize Child Abuse and Maltreatment?

The list that follows contains some common indicators of abuse or maltreatment. This list is not all-inclusive, and some abused or maltreated children may not show any of these symptoms


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Indicators of Physical Abuse Can Include:

Injuries to the eyes or both sides of the head or body (accidental injuries typically only affect one side of the body)Frequent injuries of any kind (bruises, cuts, and/or burns), especially if the child is unable to provide an adequate explanation of the cause. These may appear in distinctive patterns such as grab marks, human bite marks, cigarette burns, or impressions of other instrumentsDestructive, aggressive, or disruptive behaviorPassive, withdrawn, or emotionless behaviorFear of going home or fear of parent(s)


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Indicators of Sexual Abuse Can Include:

Symptoms of sexually transmitted diseases

Injury to genital area

Difficulty and/or pain when sitting or walking

Sexually suggestive, inappropriate, or promiscuous behavior or verbalization

Expressing age-inappropriate knowledge of sexual relations

Sexual victimization of other children


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Indicators of Maltreatment Can Include:

Obvious malnourishment, listlessness, or fatigueStealing or begging for foodLack of personal care—poor personal hygiene, torn and/or dirty clothesUntreated need for glasses, dental care, or other medical attentionFrequent absence from or tardiness to schoolChild inappropriately left unattended or without supervision


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What is a Mandated Reporter?

School personnel are mandated or legally obligated to report suspected abuse or maltreatment when acting in his or her official or professional capacity. This includes:TeachersSchool NursesSchool CounselorsSchool PsychologistsSchool Social WorkersSchool AdministratorsSchool Board MembersAny school personnel required to hold a teaching or administrative license or certificateANY PERSON with knowledge of or reasonable suspicion of child abuse or neglect may report


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What is a Mandated Reporter?-Other Reporters

Alcoholism Counselor Any employee or volunteer in a residential care program for youth, or any other child care or foster care worker ChiropractorChristian Science Practitioner Coroner Day Care Center Worker or Provider of Family or Group Day Care Dentist Dental Hygienist District Attorney, or Assistant District Attorney Emergency Medical Technicians (EMTs) Hospital personnel engaged in the admission, examination, care or treatment of persons Intern Investigator employed in the Office of the District Attorney or other law enforcement officialLicensed Creative Arts Therapist Licensed Marriage and Family Therapist Licensed Mental Health Counselor Licensed Psychoanalyst


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What is a Mandated Reporter?-Other Reporters

Medical Examiner Mental Health Professional Optometrist Osteopath Peace Officer Podiatrist Police Officer PhysicianPsychologist Registered Nurse Registered Physician’s Assistant Resident Social Services Worker Social Worker Substance Abuse Counselor Surgeon


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When Do You Make a Report?

A report must be made when there is reasonable cause to suspect child abuse or maltreatment. It is not the responsibility of the reporter to determine if the child is telling the truth, if the abuse/maltreatment actually occurred, etc.


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Reasonable Cause

Reasonable cause to suspect child abuse or maltreatment means that, based on your rational observations, professional training and experience, you have a suspicion that the parent or other person legally responsible for a child is responsible for harming that child or placing that child in imminent danger of harm. Your suspicion can be as simple as distrusting an explanation for an injury


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When/How Do I Report?

As soon as you suspect abuse or maltreatment, you must report your concerns to the New York Statewide Central Register of Child Abuse and Maltreatment (SCR). The timeliness of your call is vital to the timeliness of intervention by the local Department of Social Services’ Child Protective Services (CPS) unit.The mandated reporter number is:

1-800-635-1522


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When in Doubt-Report

Make a report even if you have very little information. The SCR specialist that answers the phone will determine if it is enough to accept the report

If you are questioning whether or not you should be filing a report, you should probably file a report


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What about HIPAA?

The privacy provisions contained in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) regulation do not affect the responsibilities of mandated reporters, as they are defined in the New York State Social Services Law

Legally, confidentiality can be broken if there is a concern for safety (ie: suicide, homicide, child abuse/maltreatment)


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Should I Inform the Family?

You are not required to notify the parents or other persons legally responsible either before or after your call to the SCR. In fact, in some cases, alerting the parent may hinder the local CPS investigation and adversely affect its ability to assess the safety of the children


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Making the Report

Call 1-800-635-1522You will need demographic information for the family:

Addresses and phone numbers for all parents/guardians; Names, ethnicities and approximate ages (or dates of birth) of all the adults and children in the household

Also the information forming the basis of your suspicions (ie. Statements made to you by the child(ren), observations of bruises, etc)You are also required to provide the name, title and contact information for every staff person believed to have direct knowledge of the allegations (ie. If the student told two teachers, only one report needs to be made, but information on both teachers should be given)


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If the Report is Accepted

Ask the SCR specialist for the “Call ID” number assigned to the report

Obtain the name of the worker who accepts the report

Determine with the worker, which “Basis of Suspicion” will be indicated on the report


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If the Report is AcceptedWhat Next?

A written report must be completed and mailed within 48 hours to the local CPS unitThe form (LDSS-2221A) can be handwritten or typedElectronic copies are available on the website and paper copies are available in GuidanceMail the report to: Child Protective Services 478 Main Street Buffalo, NY 14202


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Confidentiality of Information

You may decide to keep a copy of the report. Obviously follow the same confidentiality measures you would take with other student information. It is not necessary to provide a copy to the building Principal, nor should it be added to the student’s permanent school file/record. The call to CPS should not be added to the Phone Journal either. Due to confidentiality, specifics of the report should not be shared with other staff unless administratively approved


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A worker from the local CPS office will call you to verify the information of the report. Depending on the severity of the allegations, this may take a few hours. Consider providing your personal telephone number, in case this may be after school hours

CPS is not allowed to share the source of the report nor any personal information of the source


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Local CPS workers (and potentially law guardians, should the case progress to Family Court) may come to school to interview the student(s). A staff member must be present during the interview unless instructed otherwise by administration or court order (Consider making a copy of the court order for your records)


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If the Report is Not Accepted

If the SCR staff does not register the child abuse or maltreatment report, the reason for the decision should be clearly explained to youYou may also request to speak to a supervisor, who can help make determinations in difficult or unusual cases It is recommended that you keep documentation to the effect that child abuse or maltreatment was suspected, reported to the hotline and the report was declined. Again this is to be kept separate from the student’s school record and the phone journal

What Protection or Liability Do Mandated

Reporters Have?


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Source Confidentiality

The Social Services Law provides confidentiality for mandated reporters and all sources of child abuse and maltreatment reports. OCFS and local CPS are not permitted to release to the subject of the report any data that would identify the source of a report unless the source has given written permission for them to do so

Information regarding the source of the report may be shared with court officials, police, and district attorneys, but only in certain circumstances

*Despite source confidentiality, be aware that families may be able to determine where the report was generated. This should not, however, be a factor in whether or not you make a report


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Immunity from Liability

If a mandated reporter makes a report with earnest concern for the welfare of a child, he or she is immune from any criminal or civil liability that might result. This is referred to as making a report in “good faith”


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Protection from Retaliatory Personnel Action

Section 413 of the Social Services Law specifies that no medical or other public or private institution, school, facility or agency shall take any retaliatory personnel action against an employee who made a report to the SCR

Furthermore, no school, school official, child care provider, foster care provider, or mental health facility provider shall impose any conditions, including prior approval or prior notification, upon a member of their staff mandated to report suspected child abuse or maltreatment


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Penalties for Failure to Report

Anyone who is mandated to report suspected child abuse or maltreatment—and fails to do so—could be charged with a Class A misdemeanor and subject to criminal penalties

Further, mandated reporters can be sued in a civil court for monetary damages for any harm caused by the mandated reporter's failure to make a report to the SCR


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Local CPS Role and Responsibilities

When a report is registered at the SCR, the local department of social services is immediately notified for investigation and follow-up. A local CPS caseworker will initiate an investigation within 24 hours

CPS intervention consists of an evaluation of the child and other children in the home and the development of a plan to meet the needs of the child and family. If there is an immediate threat to the child's life or health, CPS may remove the child from the home

Note: The true goal of CPS is to assist the family with skills, services and supports to safely maintain the children in the home and secure their overall health and well-being

Within 60 days of initiating the investigation, CPS will determine whether the report is indicated or unfounded. Mandated reporters may ask to be informed of the outcome of the report


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Disclose of Records

Upon request, CPS may obtain from the mandated reporter those records that are essential to a full investigation of alleged child abuse and maltreatment for any report made by the mandated reporter. The mandated reporter must determine which records are essential to the full investigation and provide those records to CPS when requested to do so


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Disclose of Records

The mandated reporter to whom the request is directed makes the determination of what information is essential. Consult with your building Principal as needed

If CPS believes that the mandated reporter has additional essential information pertaining to the report, CPS should ask the mandated reporter for the additional records and attempt to come to agreement regarding any additional records

If CPS and the mandated reporter cannot come to agreement and CPS disagrees with the mandated reporter's rationale for why the records are not relevant to the report, CPS may seek a court order pursuant to Civil Practice Law and Rules (CPLR) Article 31 and SSL §415 directing the mandated reporter to produce the essential information


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Do You Need Parental Permission to Disclose Information?

The statutory amendments do not require written consent from the parent to provide the information deemed as essential to an investigation and are intended to promote CPS getting the needed supplemental information that supports the initial report

However, good practice would dictate seeking the consent, or notifying the parent(s) that such essential information is being (and is required to be) shared, unless the child's health or safety would be put at risk by notifying the parent(s). If the parent does not consent, however, the mandated reporter must still provide the information


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Law Enforcement Referrals

If a call to the SCR provides information about an immediate threat to a child or a crime committed against a child, but the perpetrator is not a parent or other person legally responsible for the child, the SCR staff will make a Law Enforcement Referral (LER). The relevant information will be recorded and transmitted to the New York State Police Information Network or to the New York City Special Victims Liaison Unit. This is not a CPS report, and local CPS will not be involved


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Questions?

Contact Joelle Labert, High School Social Worker

Phone: 213-4625

Email: [email protected]

guidelines for reporting suspected child abuse and maltreatment joelle labert, lmsw september 2011...

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