1. Reporting Child Abuse and Neglect
What School Personnel Need To Do
Module IV
What happens after reporting
REFER TO HANDOUTS 5 and 11
Welcome to Module IV of Reporting Child Abuse and Neglect: What School Personnel Need to Do. In this module, we will examine what happens after reporting potential child abuse and neglect. Before proceeding with this module, you may want to consider revisiting the policy requirements summary at the close of Module I, the what to look for summary at the close of Module II, and the how to make a report summary at the close of Module III as a refresher.
Module IV is designed to provide you with information regarding the investigation process after a report of potential abuse and neglect has been made. For the purpose of this module, you will be directed to handouts five and eleven which you may want to print out prior to proceeding with this module. You may find these handouts by clicking on the handouts link.

2. Who Conducts the Investigation?
A worker from a DCP&P Local Office:
For reports of suspected abuse/ neglect that happen in the child’s home.
IAIU- “Institutional Abuse Investigation Unit”:
For reports of suspected abuse/neglect concerning school staff:
Administrators
Teachers
Coaches
Janitorial staff
Any school volunteer, intern or other employee
IAIU also investigates reports made for other out-of-home settings, such as, but not limited to Foster care/resource homes, Residential facilities, shelters, detention centers, Group homes, hospitals, Bus companies, day care centers.
The Department of Children and Families has two investigative entities that respond to calls related to abuse and neglect.
If suspected abuse or neglect is believed to have happened in the child’s home, the Division of Child Protection and Permanency “Local Office” will conduct the investigation. If there is suspected abuse concerning a school staff person or other out-of-home care-giver, the Institutional Abuse Investigation Unit or IAIU, will investigate.
In either case, a report directly to the Hotline will allow the screener to determine, based on the information provided, whether the information should go to DCP&P or IAIU.

3. Keep in mind…
Not all calls may result in an investigation of child abuse and neglect…
Remember, your call to the Hotline is based on a suspicion that may not necessarily rise to the level of investigation by the Department of Children and Families. Once the screener has received your information and other factors including other information known to the agency about the potential perpetrator or victim, statutory guidelines or agency protocol, he/she will make a determination regarding the action to be taken.

4. Other possible outcomes…
An issue may become an internal matter within the school.
It may become a legal matter for law enforcement to address.
There may be a need for available social services.
Outside of an investigation, there are other potential outcomes that a call to the Hotline can trigger.
First, it may fall under the purview of the school and require that school policy be enforced to remedy the issue. This will be especially true in cases regarding student absence or educational neglect.
Second, law enforcement may become involved for prosecutorial purposes.
And finally, the Department of Children and Families or other identified agencies may be called upon to provide much needed services to the family that could essentially remedy the issue that precipitated the initial call.
Handout # 5 contains an extensive list of the many services and resources that may be available to children and their parents.

5. “Child Welfare Services”
The SCR Hotline is also a resource to report situations or issues that may not rise to the level of abuse and neglect. The screener will determine, in some instances, that a CWS- “Child Welfare Services” assessment should be done.
The screener should be able to tell the caller at the conclusion of a call, if it will be assigned as a “CWS” or an actual Child Abuse/Neglect investigation - and explain why.
“Child Welfare Services” is an intervention and assessment from a DCP&P local office in which information and support services are offered to families in need, on a voluntary basis, and may be provided from either a DCP&P local office or a community-based agency.
The Department of Children and Families has information and knowledge about other resources that could be used to provide supports to families. If the screener indicates that the information will be referred for Child Welfare Services (CWS), the case will be forwarded to the local DCP&P office and services will be offered to the family- which they can either accept or refuse. If DCP&P deems appropriate, other entities may be contacted to provide supports.
Next we will provide you with an example of a call that would trigger CWS intervention.

6. As an example…
School staff observe that a first grade student is becoming increasingly irritable and disheveled, often wearing clothing that is not clean. The teacher suspects something may be happening in the home but, other than these few observations, cannot see any direct signs of abuse. Because of her concern, the teacher makes a call to the Hotline. After providing the information, the screener indicates that Child Welfare Services will be offered. In this case, the parent accepted the help and the case worker assigned found that the parent had just had her second child and that the father had recently abandoned the family. Due to these added stressors, the child’s mother was distraught and clearly in need of some assistance. DCP&P was able to refer the mother to a family support services agency and also determined they were eligible for TANF- (Temporary Assistance for Needy Families) assistance.
Note- in this example, we illustrate what a possible outcome might be.
However, the confidential information about the family is typically not directly disclosed to the person initiating the call but may be shared with the school under certain circumstances to provide in-school support. Since each case is different, this is the most specific we can be about the sharing of information.
In other cases, depending on the circumstances, the screener may simply provide useful information directly to the caller which can immediately help the child’s situation.

7. Investigative Process Information you should know…
Names of reporters of child abuse and neglect are confidential. However, in the event of court action, their identities may be revealed during litigation.
The investigator may need to clarify information with the reporter, or may have additional questions.
If staff have additional information that may be useful, they will need to again contact the assigned investigator (and/or the Hotline).
School staff may be entitled to feedback, under certain circumstances (e.g., reporters can be informed whether services will be provided to the family or child involved).
In general, information may only be shared with school personnel :
“when the information is needed in connection with the provision of care, treatment, or supervision to such child or such parent, guardian, resource family parent or other person and the provision of information is in the best interests of the child as determined by the Division of Child Protection and Permanency” N.J.S.A. 9: b. 5
If your call warrants an investigation, there are a few things that you should know:
First, you should know that the information that is received related to a report is highly confidential. You should not insist on obtaining such information from a DCP&P or IAIU investigator as they may be unable to share it with you.
Second, the investigator may need to obtain clarifying information from the reporter to strengthen the investigative process which may require additional discussion with the person that made the original report.
Third, if you provided your name when making the report, you will have an opportunity to provide additional information that you may not have had when you made the initial report by contacting the assigned investigator (and/or Hotline). Remember, a follow-up to the investigator should always be related to the original issue of suspected abuse or neglect and must be reported to the assigned investigator. Any new concerns not related to the original incident or suspicion must be reported to the Hotline.
Finally, there may be times when the reporter is entitled to receive “feedback” regarding the original report. However, because as we stated earlier, information related to reports of suspected abuse and neglect is highly confidential, there may be information that is not disclosed to the reporter. When the information is needed in connection with the provision of care, treatment, assessment, evaluation or supervision to such child or such parent, guardian, resource family parent or other person and the provision of information is in the best interest of the child as determined by the Division of Child Protection and Permanency in accordance with NJSA 9:6-8.10, it may be provided to the reporter or other school staff. Though not explicitly stated, “or other person” would apply to school personnel on a ‘need-to-know’ basis.

8. DCP&P / IAIU Investigation Practices:
When the investigator interviews the child, there is an absolute need to obtain a “clean statement” from the child: one given by the child without any interference or influence from school staff.
If the child is young, in distress, or requests to have a familiar school person present, the school can provide someone to sit in the room with the child as the investigator conducts the interview.
In no manner, however, may the staff member “coach” the child.
An interpreter, when utilized, must provide an exact interpretation. Interpretation may include foreign language, augmentative communication devices, and may also require the assistance of a Speech-Language Specialist.
Whenever possible, the investigator will seek to interview the child alone.
Whether law enforcement, DCP&P or IAIU responds first, schools must inform the responder that the other entity was also notified.
DCP&P investigators are formally trained in targeted interviewing techniques that allow them to elicit comments from children. Their primary concern is to create an environment that is conducive to the child disclosing pertinent information and one that is non-threatening to the child. This may, in some cases, require that a school staff member be present to provide some level of comfort and reassurance to the child, however, any appearance of influence, intimidation or interference could result in the investigator excusing the staff person from participating in the interview. It is important that you consider the expertise of the investigator in determining the best course for interviewing the child.
Also, because of the dual reporting requirement, it is important that you ensure that you inform the first responder of any other agency that was contacted regarding the potential abuse/neglect situation.

9. Emotional support for the child- what schools should and should not do.
If a child is in distress, the staff member(s) should provide appropriate emotional support to the child until help arrives.
What are some appropriate ways to respond to the child? What should you not do?
NOTE: DCP&P and/or IAIU is responsible to conduct the investigation - not school personnel. Even good intentions on the part of school staff can confuse a child and further influence the child once DCP&P and/or IAIU begins its work.
After a call has been made to the Hotline, it is important that you do not compromise the investigation by conducting one on your own. Please do not attempt to delve deeper into the potential abuse/neglect situation… just allow the investigator to conduct the investigation. There may be factors that are germane to the issue that you are unaware of, and may be central to the type and style of interviewing that will be done.
It is important that children do not feel ostracized because of their victimization. In Handout # 11, “How Schools May Respond to a Child Who Reports Abuse,” you will see methods for appropriately supporting a child who is distraught or who is undergoing an investigation on his/her behalf.
It is important to observe these points, therefore we urge you to become familiar with these strategies and methods.

10. The rights of students (victims and other children who may be interviewed):
The student can request to have a familiar staff member present during an interview N.J.A.C. 6A:16-11 (a) 5 i (1)
The student has the right to be interviewed alone, without the presence of school staff.
The student is entitled to communicate in his or her primary language (may include use of augmentative communication devices).
Other students (who are not the alleged victim), may be interviewed by the investigator without parental consent.
Just as any other victim of a crime, children have rights regarding this process.
If a student is uncomfortable being interviewed alone, he/she may request a familiar staff person to be present.
Conversely, if the student prefers to be interviewed alone, he/she may request to be interviewed without the presence of a staff member.
If the student prefers to communicate in his/her primary language, accommodations will be made to ensure such communication.
NOTE: Other students that are not the alleged victim may be interviewed by the investigator without parental consent.

11. What “Findings” can be made?
SUBSTANTIATED
ESTABLISHED
NOT ESTABLISHED
UNFOUNDED
(As of April, 1, 2013, the Department of Children and Families added “Established” and “Not Established” as possible findings.)
As you see here, beginning on April first, 2013, the Department added two new possible findings; “Established” and “Not Established”. Previous to this only “Substantiated” and “Unfounded” were the two types of findings that could be made.
{pause}… A Finding is made from the analysis of statements from sources interviewed,… medical, police and other documentations and when known, the past history of the child, alleged perpetrator and/or facility.

12. These conditions are “absolutes”…
SUBSTANTIATED
The preponderance of the evidence indicates that a child is an "abused or neglected child" as defined in N.J.S.A. 9: and either the investigation indicates the existence of any of the circumstances in N.J.A.C. 10: or substantiation is warranted based on consideration of the aggravating and mitigating factors listed in N.J.A.C. 10:
These conditions are “absolutes”…
1.  The death or near death of a child as a result of abuse or neglect;
2.  Subjecting a child to sexual activity or exposure to inappropriate sexual activity or materials;
3.  The infliction of injury or creation of a condition requiring a child to be hospitalized or to receive significant medical attention;
4.  Repeated instances of physical abuse committed by the perpetrator against any child;
5.  Failure to take reasonable action to protect a child from sexual abuse or repeated instances of physical abuse under circumstances where the parent or guardian knew or should have known that such abuse was occurring; or
6.  Depriving a child of necessary care which either caused serious harm or created a substantial risk of serious harm. (Severe neglect).
This finding, “Substantiated”, continues to have the same basic criteria, which are these items seen here. These conditions are significant and confirmation of these absolute types of abuse will result in the finding of “Substantiated”.
Note that even if these significant abuses are not fully proven, the expanded criteria now also allows for the consideration of additional information of aggravating and mitigating factors. These factors must be weighed to make the proper determination for abuse and neglect. These are detailed on the next two slides.

13. SUBSTANTIATED (CONTINUED)
The preponderance of the evidence indicates that a child is an "abused or neglected child" as defined in N.J.S.A. 9: and either the investigation indicates the existence of any of the circumstances in N.J.A.C. 10: or substantiation is warranted based on consideration of the aggravating and mitigating factors listed in N.J.A.C. 10:
AGGRAVATING FACTORS:
1.   Institutional abuse or neglect;
2.   The perpetrator's failure to comply with court orders or clearly established or agreed-upon conditions designed to ensure the child's safety, such as a child safety plan or case plan;
3.   The tender age, delayed developmental status or other vulnerability of the child;
4.   Any significant or lasting physical, psychological, or emotional impact on the child;
5.   An attempt to inflict any significant or lasting physical, psychological, or emotional harm on the child;
6.   Evidence suggesting a repetition or pattern of abuse or neglect, including multiple instances in which abuse or neglect was substantiated or established; and
7.   The child's safety requires separation of the child from the perpetrator.
This is a list of the “aggravating” factors that the investigator will assess. A finding of Substantiated can be made if these factors are determined to have caused harm to a child.

14. SUBSTANTIATED (CONTINUED)
The preponderance of the evidence indicates that a child is an "abused or neglected child" as defined in N.J.S.A. 9: and either the investigation indicates the existence of any of the circumstances in N.J.A.C. 10: or substantiation is warranted based on consideration of the aggravating and mitigating factors listed in N.J.A.C. 10:
MITIGATING FACTORS:
1.   Remedial actions taken by the alleged perpetrator before the investigation was concluded;
2.   Extraordinary, situational, or temporary stressors that caused the parent or guardian to act in an uncharacteristic abusive or neglectful manner;
3.   The isolated or aberrational nature of the abuse or neglect; and
4.   The limited, minor, or negligible physical, psychological, or emotional impact of the abuse or neglect on the child.
The mitigating factors seen here may be cause to rule out a finding of “Substantiated”. The investigators are trained in a thorough manner to make these often fine distinctions concerning abuse and neglect.
On the next two slides, you will see how the two new findings give greater flexibility to an investigator.

15. ESTABLISHED
The preponderance of the evidence indicates that a child is an "abused or neglected child" as defined in N.J.S.A. 9:6-8.21, but the act or acts committed or omitted do not warrant a finding of “Substantiated" as defined above.
A finding of “Established” is not disclosed upon a Child Abuse Record Information {CARI} check request, but a record of the incident is maintained in DCF files.
Under a finding determination of "Established," DCF has determined that the child IS an abused or a neglected child, BUT, in taking into account the aggravating and the mitigating factors, the abuse/neglect does not warrant a finding of Substantiated.
With this finding, “Established”, the victim IS an abused or neglected child. The difference between this finding and that of “Substantiated” is found in the second point; the finding is NOT disclosed upon a CARI check request.

16. NOT ESTABLISHED
There is not a preponderance of the evidence that a child is an abused or neglected child as defined in N.J.S.A. 9:6-8.21, but evidence indicates that the child was harmed or was placed at risk of harm.
A finding of “Not Established” is not disclosed upon a Child Abuse Record Information {CARI} check request, but a record of the incident is maintained in DCF files.
Under a finding determination of "Not Established," CP&P or IAIU has determined that child abuse/neglect did NOT occur. However, a child was harmed or placed at risk of harm. This includes situations where:
•   A parent or caregiver accidentally injures or causes harm to his or her child;
•   An investigation of child-on-child sexual abuse is conducted, where
child–on–child sexual activity is found;
• A child alleges he or she was sexually abused, but there is not a
preponderance of evidence of child sexual abuse;
•   The perpetrator is not a parent or caregiver.
With this finding of “Not Established”, there is evidence of some degree of harm or risk to the child, but the criteria does not rise to the threshold of child abuse or child neglect. This information also does not allow for disclosure for a CARI check request.

17. UNFOUNDED
There is not a preponderance of the evidence indicating that a child is an abused or neglected child as defined in N.J.S.A. 9:6-8.21, and the evidence indicates that a child was not harmed or placed at risk of harm.
Under a finding determination of "Unfounded," CP&P or IAIU has determined that child abuse/neglect did NOT occur. A child was NOT harmed or placed at risk of harm, or no "incident" occurred.
A finding of “Unfounded” is not disclosed upon a Child Abuse Record Information {CARI} check request.
A finding of “Unfounded” is eligible for expunction from agency records, under specified conditions.
Under a finding determination of "Unfounded," CP&P or IAIU has determined that child abuse or neglect did NOT occur. A child was NOT harmed or placed at risk of harm, or no "incident" occurred.
A finding of Unfounded is eligible for expunction from agency records, under specified conditions. These would be determined according to the criteria in the DCP&P Manuals.

18. Notification to the County Prosecutor:
Notification to the County Prosecutor may be made by DCP&P/IAIU
for these six categories:
Death of a child,
Sexual abuse by a parent or caregiver,
Injury or condition resulting in emergency room treatment or hospitalization,
An injury or condition requiring more than superficial medical treatment (i.e. a broken bone at physician’s office),
Repeated violence committed against a child or substantially depriving a child of care over a period of time, and/or
Abandonment of a child.
In certain circumstances, the involvement of the County Prosecutor may be warranted. This would happen in six potential scenarios: The death of a child, sexual abuse by a parent or caregiver, injury or condition resulting in emergency room treatment or hospitalization, an injury or condition requiring more than superficial medical treatment (i.e. a broken bone at physician’s office), repeated violence committed against a child or substantially depriving a child of care over a period of time, and/or abandonment of a child.
In most of these instances, the County Prosecutor would be contacted by DCP&P or IAIU. However, only some injuries or conditions resulting in emergency room treatments may result in the Prosecutor being contacted.
These are all potential civil court cases.

19. At the conclusion of an investigation:
Investigation from the Institutional Abuse Investigation Unit:
If IAIU conducted the investigation, the school district superintendent and the county superintendent are notified of the investigative finding.
The parent of the alleged victim is notified.
The alleged perpetrator is notified.
Law enforcement will be notified, as appropriate, based on the Finding.
Investigation from a DCP&P Local Office:
If a Local Office conducted the investigation, the school superintendent (and/or others) are notified only on the “need to know” basis.
Once the Department of Children and Families has concluded the investigation, here is what the possible outcomes may include.
If IAIU conducted the investigation, they did so because the allegation of abuse or neglect concerned a school district employee, volunteer or intern. With IAIU involvement, the district Superintendent is notified of the finding, regardless of whether it is Substantiated, Established, Not Established or Unfounded. The County Superintendent is also notified.
Both the parent of the victim and the alleged perpetrator are notified.
Law enforcement may be notified, if they were actively involved in the investigation or if the victim’s family is seeking to press charges.
If the DCP&P Local Office conducted the investigation, the District Superintendent and others are NOT notified. It is only on a case-by-case and a person-by-person “need to know” basis.

20. Communication between DCP&P/IAIU and a school district:
When coordinating the removal of a child from home to an out-of-home or out-of-district placement, DCP&P should notify the respective school district(s).
This will aid in the transfer of educational and medical records and minimize confusion or questions regarding absenteeism.
DCP&P/IAIU personnel are committed to being accessible and to share information, as confidentiality statutes permit.
The school district designee is encouraged to contact the DCP&P case worker with any questions.
When the Division of Child Protection and Permanency places a child in an out-of-home placement (such as a treatment home or a resource family home) in another district, the DCP&P caseworker is responsible to communicate with the respective school districts and/or district liaison, the information needed to effect a timely transfer of student records and guide the new placement in registering the child in the new school district.

21. IAIU information provided to the school district is confidential:
Information regarding reported allegations that identify a school district employee, volunteer or intern of potentially abusing or neglecting a child shall be considered confidential and may be disclosed only as required by court order or to cooperate in an investigation.
N.J.A.C. 6A: (a)5iv(1)
Records pertaining to such information shall be maintained in a secure location separate from other employee personnel records and accessible only to the school district chief school administrator or his or her designee.
N.J.A.C. 6A: (a)5iv(1)a
As indicated, any information regarding reported allegations that identify a school district employee, volunteer or intern of potentially abusing or neglecting a child shall be considered confidential and may be disclosed only as required by court order or to cooperate in an investigation. For the purpose of security and confidentiality, records pertaining to school district employees, volunteers or interns named in an abuse or neglect case, shall be maintained in a secure location separate from other employee personnel records and accessible only to the school district chief school administrator or his or her designee.

22. If an IAIU Finding is “Unfounded”…
“All references to a notification to the designated child welfare authorities of a potential missing, abused or neglected child situation involving a school district employee, shall be removed from the employee’s personnel records immediately following the receipt of an official notice from child welfare authorities that the allegation was unfounded pursuant to N.J.S.A. 18A:6-7a”
N.J.A.C. 6A:16-11 (a) 9 ii
In the event a finding concerning an employee, volunteer or intern is Unfounded, the information must be removed from the record immediately.

23. The rights of staff under investigation:
Staff have the right to refuse to give a “Statement” to the investigator which will be duly noted as a matter of record.
Staff have the right to refuse to sign a “Statement” if one is provided.
Staff have the right to have an attorney or a union representative present when they are being interviewed.
Staff can ask questions and seek clarification during an interview.
Staff can request their interview be rescheduled or terminated.
Here are the rights that school employees, volunteers and interns have if they are being investigated.

24. Possible actions for a school staff member who may have been named as an alleged perpetrator:
IAIU will notify the alleged perpetrator of his/her rights of appeal (for “Substantiated” findings).
IAIU may make certain recommendations concerning the staff member to the school district superintendent in substantiated findings reports.
The school district will implement its own internal policies and procedures concerning various types of conduct. Pursuant to N.J.S.A. 9:6-3.1, IAIU may request temporary suspension or reassignment of the alleged perpetrator pending the outcome of the IAIU investigation to ensure the safety of the child/children.
This information summarizes potential actions resulting from an IAIU investigation where a school employee, volunteer or intern was reported to be the alleged perpetrator. .

25. Summary of Module IV
A DCP&P Local Office investigates abuse and neglect that may have occurred in the child’s home.
IAIU (the Institutional Abuse Investigation Unit) handles cases that may have occurred in the school or any other out-of-home setting.
“Child Welfare Services” are offered to families in need.
Most information remains confidential during and after an investigation, for legal reasons and to protect the child.
Some information may be disclosed on a “need-to-know” basis.
Students may be interviewed alone or can request a familiar person to be present, but no “coaching” is permitted.
There are now four possible findings: “Substantiated”, “Established”, “Not Established” and “Unfounded”.
Staff have certain rights during a child abuse investigation.
This concludes the fourth and final module of the Reporting Child Abuse and Neglect training. This is a summary of the information in Module IV.

26. Overall Summary: Key Points
When considering suspected child abuse or neglect, remember to do what is in the best interest of the child.
Every individual has a responsibility to report suspected child abuse and neglect.
All reports of child abuse must be made immediately by YOU by calling NJ ABUSE ( ).
You do not need the confirmation of anyone else when making a report.
Be observant for indicators of physical abuse, sexual abuse, emotional abuse and physical neglect.
Schools are also required to notify law enforcement officials when reporting suspected abuse and neglect.
IAIU investigates abuse that may have been committed by school employees, volunteers or interns.
A DCP&P Local Office will investigate abuse and neglect that may have been committed in the child’s home.
Make sure you are familiar with your school’s policies.
Here is a brief overall summary of some of the most important aspects from all four modules.
This concludes the Reporting Child Abuse and Neglect training. You are welcome to review any portion of this module or any previous modules at any time.

27. Remember…
Remember…

28. “Child Abuse doesn’t report itself. Make the call, help a child
“Child Abuse doesn’t report itself. Make the call, help a child.” … “Do what is right.”