5460 Child Abuse Outside the Educational Setting

5000: Student Policies

(This policy replaces previously approved Board of Education policy #5146.1)

The [Brentwood] Board of Education recognizes that because of their sustained contact with school-aged children, employees are in an excellent position to identify abused or maltreated children and refer them for treatment and protection.

The purpose of mandatory reporting is to identify suspected abused and maltreated children as soon as possible, so that such children determined to be abused or maltreated can be protected from further harm, and, where appropriate, can be offered services to assist him or her and his or her family.

Definitions
1. Abused child according to Social Services Law and Family court Act, is a child less than 18 years of age whose parent or other person legally responsible for his or her care:
  1. inflicts or allows to be inflicted upon such child physical injury by other than a accidental means [that] causes or creates a substantial risk of 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
  2. creates or allows to be created a substantial risk of physical injury to such a child by other than accidental means [that] 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
  3. 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.
2. Neglected or maltreated child according to the Family Court Act, is a child less than 18 years of age:
  1. whose physical, mental, or emotional condition has been impaired or is in danger of becoming impaired as a result of the failure of his [/] her parents [/guardians] or other person legally responsible for his [/her] care to exercise a minimum degree of care:
    1. 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
    2. in providing the child with proper supervision or guardianship, by unreasonably 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 who has been abandoned by his/her parents(s) [/guardians] or other person legally responsible for his/her care.
  2. who has been abandoned by his/her parent(s) or other person legally responsible for his/her care.
3. 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.
4. 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 misbehavior, including incorrigibility, ungovernability, or habitual truancy; provided, however, that such 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.
Reporting Procedures and Related Information
1. All district employees, including building administrators, teachers, registered nurses, doctors, psychologists or psychiatrists, and all other employees who come in contact with students and have reasonable cause to suspect child abuse shall immediately notify the [building] principal. Under New York Social Services Law Section 413, school officials are required to report suspected abuse to Child Protective Services (“CPS”). A school official who possesses a reasonable suspicion that abuse has occurred and who reports the suspected abuse to the principal must ensure that CPS is also notified. Only one report from the school is required.
2. The principal is required to:
  1. inform the Superintendent of Schools of the information received; and either
    1. phone the New York State Central Register on Child Abuse and Maltreatment (“Central Register”) at 800-342-3720 and inform them verbally of the problem; or
    2. provide further information to the Central Register and/or the County Department of Social Services Office of Child Protective Services (“CPS”) as requested, and within 48 hours, file a written report with both agencies.
3. In the case of suspected physical abuse, the principal will have the school nurse take photographs of the areas of visible trauma on the child, and/or, if medically indicated, cause an examination to be performed. Any photographs or x-rays taken will be submitted to the Central Register with the written report. A camera and film shall be kept at the school and be available for this purpose.
4. If necessary, the principal will contact the guidance counselor and/or school psychologist, who will take steps to identify appropriate community resources to provide emergency treatment.
5. The written report that must be filed shall include:
  1. name and address of child and his/her parents/guardians;
  2. name and address of residential care facility, or program, if applicable;
  3. child’s age, sex and race;
  4. nature and extent of injuries, abuse or maltreatment, including evidence of prior injuries, abuse or maltreatment to child or his/her siblings;
  5. name of alleged perpetrator (if known);
  6. person making report and where he/she can be reached; [and]
  7. actions taken by reporting source.
6. The school nurse shall notify the appropriate police authorities or CPS to take custody of any child the nurse is treating, whether or not additional medical treatment is required, if he/she believes the child is in danger.
7. School employees and officials will not contact the child’s family or any other person to determine the cause of the suspected abuse or maltreatment. It is not the responsibility of the school official or employee to prove that the child has been abused or maltreated.
8. When an interview with the child is deemed necessary, the school psychologist and/or guidance counselor must be present during the interview. The child should be supported in the interview process by an individual in the District who has an established relationship with the child.
9. If sexual abuse in indicated, the presence of a same-sex staff member during the interview is appropriate.
10. If it should be necessary for CPS to interview a child at school or 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, unless circumstances require otherwise. The school official shall examine and verify the credentials of CPS worker (s) before allowing such worker(s) to either interview the child or to examine the child’s records.
Training
1. All District 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.
2. All district employees who are required to report suspected child abuse shall be provided with a copy of these regulations and the related Board [of Education] policy concerning child abuse and reporting requirements.
Rights of Reporters
1. 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.
2. School personnel have the right to request that information which would identify the individual making the report be withheld if furnishing such data might prove detrimental to the safety or interest of that individual.
3. The Superintendent can request a summary report of an investigation of a case referred to CPS. The adult subject of a case of suspected child abuse or maltreatment has a right to a copy of all information in the Central Register.
Penalties

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.
Confidentiality

All reports and other written material submitted pursuant to this policy shall be confidential and may not be redisclosed except to law enforcement authorities involved in investigating the alleged abuse or except as expressly authorized by law or pursuant to a court-ordered subpoena. The [building] principal and Superintendent [of Schools] shall exercise reasonable care to prevent unauthorized disclosure.
Record Retention

If a report of child abuse or maltreatment has been determined to be unfounded, all records, both in the State Central Register and in school files, shall be expunged.

Ref:
Child Protective Services Act of 1973, Social Services Law §§411 et seq.
Family Court Act §1012
Family Educational Rights and Privacy Act,
20 U.S.C. §1232g, 45 CFR §99.36
Education Law §3209-a

Download the Child Abuse Outside the Educational Setting PDF