MANDATED REPORTING REQUIREMENTS

Child protective services law/childline reporting Changes to Child Protective Services Law became effective January, 2015 Child abuse is defined as: Any recent act or failure to act by a perpetrator which causes non-accidental bodily or mental injury to a child under 18 Sexual abuse or exploitation of a child under 18 Unreasonable restraint or confinement Serious neglect Behaviors that result in exposing children to harmful medical evaluations (Munchausen Syndrome by Proxy) See FAQ document provided in CANVAS for further detail or read the law at the following link: http://www.pacode.com/secure/data/055/chapter3490/subchapatoc.html Additional training is scheduled for November

BEING A MANDATED REPORTER You are a mandated reporter in the course of your work with children If you suspect a child is being abused, YOU must report to Child Line and your supervisor. Protocol: As soon as possible, report your concern to the principal You and the principal can do the report together – first to Child Line and then to the Superintendent VERY IMPORTANT – telling your supervisor does NOT satisfy your individual reporting requirement ChildLine : 1-800-932-0313 or report electronically through the Child Welfare Portal

Educator discipline act Quick facts Amended effective on February 16, 2014 Link to the Act: http://www.portal.state.pa.us/portal/server.pt/community/educator_discipline_act/19695 Regulates educator misconduct at the state level, through the PDE Professional Standards and Practices Commission (PSPC) Revisions are comprehensive and have implications far beyond the issue of child abuse

Mandated Reporting by CHIEF SCHOOL Administrators Chief School Administrators’ mandatory reporting requirements have increased significantly and include: Dismissal for cause/intent to dismiss for cause – w/in 15 days Criminal activity (misdemeanors or felonies)– w/in 15 days of discovery of indictment, arrest or conviction Suspicious resignations – w/in 15 days of separation of employment Subject of child abuse report filed by school – w/in 15 days of filing Known perpetrators of “indicated” or “founded” child/student abuse reports – w/in 25 days of discovery Misconduct regarding a child – w/in 15 days of discovery of the allegations of misconduct

New Definition of “sexual misconduct” The law adds “sexual misconduct” to the list of offenses that can result in discipline (revocation of certificate and/or eligibility for employment) Definition comes from Act 126 of 2012 – mandated training for employees on sexual misconduct of educators Sexual misconduct” shall mean any act, including, but not limited to, any verbal, nonverbal, written or electronic communication or physical activity, directed toward or with a child or a student regardless of the age of the child or student that is designed to establish a romantic or sexual relationship with the child or student.

SEXUAL MISCONDUCT DEFINED Such prohibited acts include, but are not limited to, the following: Sexual or romantic invitations Dating or soliciting dates Engaging in sexualized or romantic dialogue Making sexually suggestive comments Self-disclosure or physical exposure of a sexual, romantic or erotic nature; or Any sexual, indecent, romantic or erotic contact with the child or student We always disciplined/fired for these offenses but we now must always report them to PDE.

Mandated Reporting by Educators An educator who knows of any action, inaction or conduct which constitutes sexual abuse or exploitation or sexual misconduct under this act shall: file a mandatory report with the department report such misconduct to his or her chief school administrator AND immediate supervisor The report shall be filed within 15 days of the discovery of the sexual abuse or exploitation or sexual misconduct Note: Not limited to colleagues within your LEA

REPORT VS. COMPLAINT Reports go to the PSPC to be investigated Each educator who becomes aware of misconduct or the allegations of misconduct must file an “educator mandatory report form” The school entity must file a “school entity mandatory report form” They then file a complaint if warranted Not necessarily confidential

Reports vs. complaints Complaints go to the Office of General Counsel to be investigated and prosecuted Can be filed by any “interested party” Usually filed based on actionable evidence Strictly confidential An individual’s responsibility to report is satisfied by the misconduct form – complaint filing is not necessary

NO JUDGMENT CALLS Constructive knowledge - “When the employee knows, the school knows” – school district liable if an individual hears an allegation and does not report All rumors or allegations must be reported immediately to direct supervisor and to PDE Report, then investigate – the law protects anyone who reports in “good faith” A follow-up can always be filed after investigation is complete Include as much information as possible – we must help PDE sift through these reports

PALISADES PROTOCOL – sexual misconduct or abuse Employee becomes aware of an allegation or report of sexual misconduct or abuse by a certificated employee Employee reports immediately to PDE on form located in shared drive and principal in person and writing (use email read receipt) – copy the superintendent Principal reports immediately to PDE on form located in shared drive and to superintendent in person and writing (use email read receipt) Superintendent reports immediately to PDE and coordinates investigation with building principal and law enforcement agencies if warranted

PALISADES PROTOCOL – other misconduct (arrest, conviction, criminal activity) Employee becomes aware of an allegation or report of other misconduct by any fellow employee Employee reports immediately to principal in person and writing (use email read receipt) – copy the superintendent Principal reports immediately to superintendent in person and writing (use email read receipt) Superintendent reports immediately to PDE and coordinates investigation with building principal if warranted. In case of criminal activity, Superintendent also reports to local law enforcement agencies.

FORMS Educator Misconduct Complaint Procedures Educator Misconduct Complaint Form