Mandatory Child Abuse Reporting

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Presentation transcript:

Mandatory Child Abuse Reporting 12/5/2018 Mandatory Child Abuse Reporting Each Employee’s Responsibility

Your Responsibility: State Law 12/5/2018 A.R.S. §13-3620 imposes on each school district employee an individual duty to protect children: Any school employee who, in the course of his/her employment, “reasonably believes that a minor is or has been the victim of physical injury, abuse, child abuse, a reportable offense or neglect” must immediately report this to the local law enforcement agency or child protective services. The penalty for failure to report any form of sexual abuse is a class 6 felony. Failure to report other forms of abuse is a class 1 misdemeanor. In either case, you may be jailed or imprisoned, and fined for failure to report. “Individual responsibility” means that you cannot meet this requirement by only reporting to school authorities. You must ensure that the report is made, whether you report it yourself or you sit with a supervisor and witness the report being made to police or CPS.

Your Responsibility: make a report 12/5/2018 Your Responsibility: make a report Report immediately by phone or in person to police, or by phone or online to the DCS: Report to Arizona Department of Child Safety (DCS) if suspected abuse/neglect is committed by a family member or legal guardian of the child. Call the Arizona Child Abuse Hotline at 1-888-767-2445 to report non-emergency concerns, or access the Online Reporting Service for Mandated Reporters at: https://extranet.azdes.gov/DCYF/CHILDS/communication/des/Register.aspx?ReturnUrl All other reports of suspected abuse/neglect should be made to local law enforcement. If you need assistance in reporting, you should be present while the report is being made by another individual to ensure the report is accurate and fulfills the legal requirements Document and retain your report with date, time, who you contacted and details you provided. You do not have to observe yourself nor have concrete evidence that abuse or injury has occurred. When in doubt, report, even though it may be difficult because you really like the person about whom the allegation is made, or you personally do not believe the allegation. You do not have the discretion to make that judgment call. Arizona Statues grant immunity from any civil or criminal liability for a person: who makes a report in good faith, or who participates in a judicial proceeding or investigation resulting from a report

12/5/2018 Your Responsibility Notify the school designated coordinator or the school/site Administrator for direction and support Notify Human Resource Services if the allegation involves a Kyrene employee Do not inform the alleged perpetrator or involve him/her in the reporting process Do not attempt to investigate the allegations yourself Do not discuss allegations with anyone who is not directly involved in the reporting or investigation Cooperate fully with the police or investigating agency Ensure the safety of children at all times Maintaining confidentiality “to the extent possible” means you can discuss the allegations with the investigating agency or with the appropriate school authorities. But cannot discuss this information with other staff members, students or parents. Such conversation is usually done with good intentions, but it can seriously hamper the investigation and it can violate confidentiality policies.

Sources of Information 12/5/2018 Sources of Information School and District employees generally receive information about possible abuse, injury that is not accidental, or neglect in one of three ways: 1. A child’s self-disclosure The child volunteers information about abuse, injury or neglect 2. Personal observations You observe physical or emotional signs of abuse, injury or neglect 3. Third party report You hear from someone else about suspected abuse, injury or neglect

12/5/2018 CHILD’S SELF-DISCLOSURE The child volunteers information about abuse, injury, or neglect Do not ask leading questions: listen and promptly document what you were told so that you can make an accurate report Do not re-question the child Do not make promises to the child (e.g. "I won’t tell anyone”) Do not investigate the child’s allegations, just report them

12/5/2018 Personal Observations You observe physical or emotional signs of abuse, injury or neglect Be observant of bruising, injury, or a child’s unusual behavior, such as withdrawing from activities, disengagement, or frequent crying If the child does not volunteer information, only the following four questions may be asked: WHAT happened? WHO did it? WHEN did it happen? WHERE were you when it happened? Maintain confidentiality; only discuss your observations with individuals directly involved in the reporting and investigating

12/5/2018 Third Party Reports You hear from someone else about suspected abuse, injury or neglect Do not question the child about the allegations Make a report to police or DCS even if the person who reported the allegations to you says he/she will make a report, or already has reported. (Remember, you have an individual duty to report if you reasonably believe the child is a victim of abuse, neglect, or injury that is not accidental.) Do not promise that you won’t reveal the third party’s name or that you will not tell anyone Maintain confidentiality; only discuss information you receive with individuals directly involved in reporting and investigating

WHEN ALLEGATIONS ARE MADE AGAINST A Kyrene EMPLOYEE 12/5/2018 WHEN ALLEGATIONS ARE MADE AGAINST A Kyrene EMPLOYEE The Superintendent may reassign the employee to home with pay pending an investigation of the allegations After release from law enforcement or DCS, the District may conduct an internal investigation Due process procedures will be initiated as outlined in Governing Board Policy Disciplinary action may be imposed if evidence substantiates the allegations Responsibility to Report pursuant to A.R.S. §15-514: Human Resource Services will cause a written report to be made to the AZ State Board of Education Investigative Unit within three business when a reasonable allegation or suspicion exists that a person certified by the AZ State Board of Education has engaged in immoral or unprofessional conduct involving minors that would be subject to §13-3620 reporting requirements.

Resources Available to Employees 12/5/2018 Resources Available to Employees Professional Associations: KEA, KESPA Human Resource Services: ext. 1300 Employee Assistance Program: Care24 (1-888-887-4114) Resources Available To STUDENTS AND PARENTS School Administrators School Psychologists School Prevention Specialists