2. Reporting Child Abuse and Neglect What School Personnel Need To Do Policy Requirements

3. The School District Liaison to Child Welfare Authorities N.J.A.C. 6A:16-11 requires that a person be identified “to act as the primary contact person between the schools in the school district and child welfare authorities with regard to general information sharing, the development of mutual training and other cooperative efforts.” In my program, the contact person to the Division of Child Protection & Permanency DCP&P (formerly DYFS) is the Site Coordinator.

4. What are my obligations to report child abuse/neglect? State law (N.J.S.A.9:6-8.10), requires “Any person having reasonable cause to believe that a child has been subjected to child abuse or acts of child abuse shall report the same immediately to the Division of Child Protection and Permanency by telephone or otherwise…” L. 1971, c.437, s.3; amended by L. 1987,c.341,s.4. New Jersey Department of Education administrative code N.J.A.C. 6A:16-11(a) 2 requires, that district policies include “Provisions requiring school district employees, volunteers or interns, to immediately notify designated child welfare authorities of incidents of alleged missing, abused and neglected children.” Also, the “confirmation” of another person is not required: “Under no condition shall the school district’s policy require confirmation by another person to report the suspected missing, abused or neglected child situation.” pursuant to N.J.A.C. 6A:16-11 (a) 4. School includes: on school grounds, on school buses, in the school or at school- sponsored functions pursuant to N.J.A.C. 6A:16-1.3.

5. New Jersey Division of Child Protection and Permanency Schools are the largest reporters of child abuse to DYFS.

6. Suspected Abuse and Absenteeism N.J.S.A. 18A: 36-25.2(1) requires that if the district superintendent has reasonable cause to believe that a child who has an unexcused absence from school for five consecutive school days has been abused or neglected, the district superintendent shall notify the DCP&P. Any investigation of a child whose parent or guardian has withdrawn them from school and has not enrolled them in another school within five days which-based upon the investigation- is a suspected abuse or neglect situation shall be reported to DCP&P. (N.J.S.A. 18A: 36- 25.2(b))

7. What if I am not sure if a child has been abused? Err on the side of caution! Call the Hotline and they will help determine if the situation is considered child abuse or neglect. By law (N.J.S.A.9:6-8.13), you are protected from civil or criminal liability, discharge from employment, and discrimination, if you make a report “in good faith.” N.J.A.C. 6A: 16-11 (a) 10. also includes this requirement for school district policies: “A statement that prohibits reprisal or retaliation against any person who, in good faith, reports or causes a report to be made of a potential missing, abused or neglected child situation pursuant to N.J.S.A. 9:6- 8.13.”

8. What is Child Abuse and Neglect? A child who is under the age of 18 is considered to be abused or neglected when a parent or caregiver:  Inflicts or allows to be inflicted physical injury by other than accidental means that creates substantial harm or risk of substantial harm.  Fails to provide proper supervision or adequate food, clothing, shelter, education or medical care although financially able or assisted to do so.  Commits or allows to be committed an act of sexual abuse against a child.

9. What are the common signs of abuse? Physical abuse: unexplained or questionable bruises, welts, burns, lacerations, fractures, abrasions, etc. Sexual abuse: complaints regarding genital/anal areas, sexually transmitted diseases, unusual knowledge about or preoccupation with sex. Neglect: consistent hunger, poor hygiene, inappropriate dress, lack of supervision, or willfully failing to provide an education. Emotional abuse: may include aggressive or withdrawn behavior, unusual fears, running away, sudden change in mood or behavior.

10. Additional Indicators: A student may directly report that he/she has been abused! Staff may directly observe a sign or act of abuse or neglect. Frequent or questionable absenteeism of a student is a cause for potential concern.

11. Physical Abuse Observable Indicators Unexplained or questionable/inconsistent bruises and welts: On face, lips, mouth On torso, back, buttocks, thighs In various stages of healing Clustered, forming regular patterns Reflecting shape of article used to inflict (electric cord, belt buckle) On several different surface areas Regularly appear after absence, weekend or vacation Behavioral Indicators: Wary of adult contacts Appearing uncomfortable with physical contact Complaining of soreness or moving uncomfortably Apprehensive when other children cry Behavioral extremes: Aggressiveness or Withdrawal Reluctant to change clothes for PE Frightened of parents Afraid to go home Seeking to stay late after school Reports injury by parents

12. Physical Abuse (continued) Observable Indicators Unexplained or questionable/inconsistent Burns: Cigar, cigarette burns, especially on soles, palms, back or buttocks Immersion burns (sock-like, glove-like doughnut shaped on buttocks or genitalia) Patterned like electric burner, iron, etc. Rope burns on arms, legs, neck or torso Observable Indicators Unexplained or questionable/inconsistent fractures: To skull, nose, facial structure In various stages of healing Multiple or spiral fractures Unexplained or questionable/inconsistent laceration or abrasions: To mouth, lips, gums, eyes To external genitalia

13. Sexual Abuse: Often, there are no physical signs, however some observable indicators include: Difficulty in walking or sitting Torn, stained or bloody underclothing Pain or itching in genital area Bruises or bleeding in external genitalia, vaginal or anal areas Venereal disease, especially in pre-teens Pregnancy Inappropriate “child on child” sexual activity/touching (going beyond age-appropriate curiosity) Behavioral indicators can be subtle or attributable to other factors but may include: Unwilling to change for gym or participate in PE Withdrawn, fantasy or infantile behavior Sexually explicit drawings Bizarre, sophisticated or unusual sexual behavior or knowledge Highly sexualized play Unexplained fear of a person or place Poor peer relationships Delinquency or runaway behavior Reports sexual assault by caregiver

14. Emotional Abuse: The criteria used by DCP&P… Emotional abuse and/or neglect is conduct by a child’s parent or caregiver toward the child which contributes to, causes, allows or permits: Significant and/or persistent emotional pain, harm or impairment; and/or Significant vulnerability to or risk of such pain, harm or impairment; and/or Significant exacerbation of a child’s existing emotional pain or impairment. There must be injury to the intellectual, emotional or psychological development of a child as evidenced by observable and substantial impairment in the child's ability to function within a normal range of performance and behavior.

15. Emotional Abuse… Is often difficult to prove. Conduct by a parent or caregiver may include acts, omissions or patterns of acts/omissions. These may be immediately harmful or cumulatively harmful. Some observable indicators in children, (with a suggestion to be aware of sudden changes in behavior): Suicidal threats or gestures Running away episodes Behavior extremes: aggressive, demanding, fearful Significant sadness, self-denial, depression, low self-esteem, withdrawal Inability to form trusting relationships Habit disorders (sucking, biting, rocking, etc.) Phobias, obsessions, compulsions, Conduct disorders (antisocial, defiant, destructive, sociopathic, etc.) Neurotic traits (sleep disorders, speech disorders, inhibition of play) Inappropriately adult or infant-like Compliant/passive/regression However, these may be attributable to organic disorders, other mental health/psychiatric disorders.

16. “Educational Neglect” (Per guidelines from the Division of Child Protection and Permanency) "Educational neglect" means – The parent or caregiver has willfully failed to provide a school-age child (ages 6 to 16) with a regular education, as prescribed by applicable State law. A school-age child is enrolled in a school program but is failing to attend on a regular, ongoing basis. NOTE: The local school system or board of education must exhaust all its remedies, under State education law, administrative code, and local policies and procedures to engage the parent or caregiver and compel the child to attend school, before making a report of "educational neglect" to DCP&P.

17. Now that we know when to call… There are actually two telephone contacts to be made: 1-877-NJ ABUSE (1-877-652-2873) and Local law enforcement authorities

18. “Dual reporting”… (notification to law enforcement authorities) Requires that the school district identify a person to make a contact to law enforcement. This need not be the person who contacted the DCP&P hotline. More specifically… School districts shall require “the principal or other designated school official(s) to notify law enforcement authorities of potentially missing, abused or neglected child situations” pursuant to N.J.A.C. 6A:16-11 (a) 3. It is recommended that it be one designated person, for the purpose of consistency and accountability. In my program, the person is the Site Coordinator.

19. A brief note about the “Hotline” For informational purposes, the “Hotline” is officially known as… The State Central Registry (SCR) It is staffed 24 hours a day, 365 days a year.

20. The recommended practice for school personnel when calling the Hotline: As school personnel, you will be asked to supply all known information on a suspected child abuse/neglect situation. Although not required, a staff member can assist the person making the call and provide additional information.

21. Additional practices for school personnel when contacting the Hotline: The screener will ask for the name of the caller. The caller should supply his or her name, title and how he/she knows the child. This will greatly assist the screener in compiling useful information. The screener will guide the caller by asking a few questions. (Call screeners follow a standard protocol.) If the caller is not comfortable with the response of the screener, the caller has the right to ask to speak with a supervisor at the Hotline.

22. Just provide the facts… Details Make a Difference – if you know Who - Identify the people involved – the child, the alleged perpetrator, the perpetrator’s relationship to the child; parents, siblings, others in the home; dates of birth, addresses. What - What type of abuse/neglect is suspected? Describe the incident. What happened that caused your concern? What is the child’s current condition? Where - Where did the incident take place? Where is the child now? Does the alleged perpetrator have access to the child?

23. Just the facts… When - When did the incident happen? What is the frequency of the abuse/neglect? When did you learn about it? How - How urgent is the need for intervention? Is there a likelihood of danger for the caseworker? Is the child in need of medical treatment? Has the child been examined or treated by the school nurse? Details? School personnel also should let DCP&P/IAIU know when and how the child will be released from school to ensure the child’s safety. The DCP&P investigator has the right to remove the child from the school building. The DCP&P investigator also has the right to have access to and copies of student records.

24. When an abuse/neglect problem is detected in school, make the call from the school. Failure to do this or “making the call when I get home...” Could allow a further incident to occur. Could cause the child to be seen in a less neutral setting (i.e.: at home where the trouble may lie). The requirement to call law enforcement may be delayed - or not happen at all.

25. What if I suspect abuse and DO NOT report it? Knowingly not reporting abuse or neglect can have devastating consequences on a child and legal consequences on YOU! “Any person knowingly violating the provisions of this act including the failure to report an act of child abuse having reasonable cause to believe that an act of child abuse has been committed, is a disorderly person.” N.J.S.A. 9:6-8.14 Any person who knowingly fails to report suspected abuse according to the law is a disorderly person and subject to a fine up to $1,000 or up to 6 months in prison, or both! N.J.S.A. 2C:43-3 and 2C:43-8

26. 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.

27. Keep in mind… Not all calls may result in an investigation of child abuse and neglect…

28. 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.

29. “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.

30. 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. 9:6-8.10 b. 5

31. 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.

32. 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.

33. 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.

34. Remember…