7530 – Child Abuse and Maltreatment

Familial Child Abuse

The School District adheres to Title 6 - Child Protective Services of the Social Services Law Sections 411-428 to safeguard children from abuse and neglect. Administrative guidelines will address.

1. Required reporting of suspected child abuse or neglect.
2. Reporting procedures and responsibilities.
3. Protocols for taking a child into protective custody.
4. Obligatory reporting of child deaths.
5. Immunity and penalties related to reporting.
6. Mandatory services and procedures to ensure child safety.
7. Training to recognize signs of illegal drug activity or manufacturing, including meth labs, for staff who visit children's homes.

We will also maintain an ongoing training program to prepare staff for these 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: teachers, guidance counselors, psychologists, social workers, nurses, administrators, or any other personnel required to hold a teaching or administrative license or certificate.

All mandated reporters must personally file the report and then promptly inform the Building Principal or their designated representative. The Building Principal or the designated person will handle all administrative tasks that follow the initial report. Each report should list the names, titles, and contact details of all staff members believed to have firsthand knowledge of the reported allegations.

Prohibition of Retaliatory Personnel Action

Social Services Law Section 413(1) prohibits schools from taking retaliatory actions against employees who report child abuse or neglect to the State Central Registry (SCR) because they believe there's reasonable cause for concern. "Retaliatory actions" include firing, suspending, demoting, or other negative changes to an employee's work conditions. Additionally, schools or officials cannot impose any conditions like requiring approval or notification before a mandated reporter makes such a report.

Report Form

The New York State Office of Children and Family Services "Report of Suspected Child Abuse or Maltreatment" Form LDSS-222 IA may be accessed at website: 
https://ocfs.ny.gov/programs/cps/

 

Child Abuse in an Educational Setting

The School District is committed to the protection of students in educational settings from abuse and maltreatment by employees or volunteers as enumerated in law.

"Child abuse" in an educational setting refers to actions by an employee or volunteer against a child that involve:

1. Deliberately or recklessly causing physical harm or death.
2. Engaging in behavior that significantly risks causing such harm or death.
3. Engaging in sexual abuse, as defined by specific articles in the Penal Law Articles 130 or
   263. or
4. Distributing or attempting to distribute indecent materials to minors, also as defined by the Penal Law Article 235.

The term "educational setting" encompasses school buildings and grounds, school-provided transportation, locations of school-related activities, and any other places where direct interaction between an employee or volunteer and a child may occur.

If a teacher, nurse, guidance counselor, psychologist, social worker, administrator, School Board member, or other certified school personnel receives an allegation that a child under 21 years enrolled in a school district has been abused by an employee or volunteer in an educational setting, the following steps must be taken:

1. Immediately complete a standardized report detailing the child's full name, parent's name, the identity and relationship of the person making the allegation, the accused employee or volunteer, and the specific claims of abuse.
2. Unless the school administrator is the one receiving the allegation, the report must be personally delivered to the school administrator of the school where the abuse allegedly took place.

If the abuse is alleged to have occurred in a different school district than where the child attends, the report should be forwarded to the Superintendents of both the child's school district and the district where the alleged abuse occurred.

Upon receiving a written report of such abuse, the school administrator or Superintendent must assess whether there is "reasonable suspicion" that the abuse has occurred. If so, they are required to follow legal reporting and notification procedures, including informing parents. The school administrator should promptly share the report with the Superintendent.

If a school administrator or Superintendent sends a child abuse report to law enforcement, the Superintendent must also forward it to the Commissioner of Education if the accused employee or volunteer has state-issued educational certification or license.

Documents and photos related to these child abuse reports are confidential and can only be shared with investigating law enforcement or as legally authorized. Unauthorized disclosure must be diligently avoided by school administrators and the Superintendent.

Additionally, teachers and all other school officials shall be provided an annual written explanation concerning the reporting of child abuse in an educational setting, including the immunity provisions as enumerated in law. Further, the Commissioner of Education may furnish the District with required information, including rules and regulations for training necessary to implement District/staff responsibilities under the law.

Prohibition of "Silent" (Unreported) Resignations

Superintendents and administrators cannot withhold information from law enforcement authorities, the superintendent, or the Commissioner of Education, where appropriate, about child abuse allegations in educational settings involving an employee or volunteer in exchange for that person's voluntary resignation or suspension.

Protection From Liability
Employees, volunteers, and administrators, including Superintendents, are immune from civil liability when they report child abuse allegations in educational settings or forward such reports, as long as these actions are taken reasonably and in good faith. Superintendents or designated administrators also gain immunity from both civil and criminal liability when they responsibly report abuse allegations or resignations to law enforcement as mandated by law.

 

Education Law Article 23-B and Sections 902(b) 3028-b, 3209-a Education Law Section 3209-a
Family Court Act Section 1012 Labor Law Section 740(l)(e)
Penal Law Articles 130, 235 and 263
Social Services Law Sections 41 1-428
Social Services Law Section 413 8 NYCRR Part 83

Adoption Date: 2023-10-16