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Confidentiality and the Family Educational Rights & Privacy ActColumbia Public SchoolsEthics & LawIntroductionsConfidentialityA persons obligation not to disclose or transmit information to unauthorized parties.Bound by Professional EthicsFamily Educational Rights & Privacy Act (FERPA)National Forum on Education StatisticsFERPAFamily Educational Rights & Privacy ActProtects the privacy of student education records maintained by the school districtGives parents the right to review their childs education recordsRestricts the release of information without prior consent of parent

National Forum on Education StatisticsConfidential InformationInformation intended to be kept secret.Educational RecordsDirectly related to the studentMaintained by an education agency or institution or a party acting for the agency or institutionStudent and parent conversations

National Forum on Education StatisticsPersonal NotesNot considered education records if they are:Kept in the sole possession of the makerNot accessible or revealed to any other person except a temporary substituteUsed only as a memory aidNational Forum on Education StatisticsSharing Confidential InformationWithin the school settingShare information with school officials who have a legitimate educational interest in the information.Best interest of the childs well-beingWhen emailing, NEVER use student names in email subject lines (use initials, R.C.).

Kris Morrow, Legal Counsel for DESENeed to know, right to knowAsk, Am I withholding information that could be detrimental to the child?Sharing Confidential InformationOther circumstancesSchools into which a student is transferring or enrollingJudicial orders or lawfully issued subpoenasState & local authorities Health & safety emergencies

National Forum on Education StatisticsHealth & safety- if knowledge of information is necessary to protect health & safetyIf a school determines that there is an articulable and significant threat to the health or safety of a student or other individuals, it may disclose information from education records to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals. Need to record the significant threat and also the parties of disclosure

Non-Custodial Parental RightsIn the case of divorce or separation, records access must be provided to both natural parents, unless there is a binding agreement that removes FERPA rights.Child Abuse & Neglect Mandated Reporter InformationColumbia Public SchoolsEthics & LawIntroductionsWhat is mandated reporting?CPS Board Policy:The Board of Education requires its staff members to comply with the state child abuse and neglect laws and the mandatory reporting of suspected neglect and/or abuse. Any school official or employee acting in his or her official capacity who knows or has reasonable cause to suspect that a child has been subjected to abuse or neglect, or circumstances that would reasonably result in abuse or neglect, will immediately make a report to the school principal or designee, including any report of excessive absences that may indicate education neglect.Ann We do a board policy and we have an obligation to refer suspected cases of abuse.

We do not judge, we dont investigate. Who are Mandated Reporters?PhysicianMedical ExaminerCoronerDentistChiropractorOptometristPodiatristResident InternHospital or clinic personnelAny other health practitionerPsychologistMental Health professionalSocial WorkerDaycare center/child care workersJuvenile OfficerProbation/Parole officerJail/detention center personnelTeacherPrincipal or other school officialMinister as provided by section 352.400 RSMoPolice officer or law enforcement officialWhat is abuse? Any physical injury, sexual abuse, or emotional abuse inflicted on a child other than by accidental means by those responsible for the childs care, custody, and control except that discipline including spanking, administered in a reasonable manner shall not be construed to be abuse

The Missouri Child Abuse Law, Section 210.110.RSMo

Indicators of physical abuse:Unexplained burns, cuts, bruises, or welts in the shape of an objectFrequent injuriesespecially when child is unable to provide adequate explanationDestructive, aggressive, or disruptive behaviorPassive, withdrawn, emotionlessFear or going home or fear of parent(s)Unseasonable clothing or coverage to mask signs of abuse. Goldenberg/Goldenberg, Family Therapy, 7th edition Thomson Brooks/Cole 2008

Indicators of sexual abuse:Sexually suggestive, inappropriate or promiscuous behaviorAge-inappropriate interest or knowledge of sexual actsSexual victimization of other childrenNightmares and bed wettingDrastic changes in appetiteOver-compliance or excessive aggressionGoldenberg/Goldenberg, Family Therapy, 7th edition Thomson Brooks/Cole 2008

Several prime indicators of sexual abuse: Unseasonable clothing, regressive behaviors, smearing feces.Indicators of emotional abuse:Inappropriately aggressive, hostile or stressedDestructive to self, others or propertySuffers from sleep or eating disordersWithdraws or isolatesDemonstrates compulsions, obsessions, phobias, outburstsNegative statements about selfLack of concentrationGoldenberg/Goldenberg, Family Therapy, 7th edition Thomson Brooks/Cole 2008

Far more difficult to substantiate. What is neglect? Failure to provide, by those responsible for the care, custody and control of the child, the proper or necessary support, education as required by law, nutrition or medical, surgical, or any other care necessary for the childs well-being.

The Missouri Child Abuse Law, Section 210.110.RSMo

Educational, physical, medical. Hotline will want to know what measures have been put into place to address educational neglect.Indicators of neglect:Obvious malnourishment or fatigueStealing or begging for foodPoor personal hygieneTorn or dirty clothesUnsuitable clothing for weatherUntreated medical needs (glasses, dental care, etc.)Frequent absence from or tardiness to schoolInappropriately left without supervisionGoldenberg/Goldenberg, Family Therapy, 7th edition Thomson Brooks/Cole 2008

The last bullet, inappropriately left without supervision is a grey area. There is no law that identifies a certain age at which a child can be left at home alone. If there are concerns, hotline!What should staff do in the case of suspected abuse/neglect?Make direct contact to your intervention team point person (administrator/counselor). Do not e-mail this type of confidential information.If the student has voluntarily divulged enough information to warrant suspected abuse/neglect and no additional information is needed, a hotline should be made by directly by the person to whom the child disclosed. The counselor/administrator would be available to assist this individual in making the hotline call if needed.If additional information is needed to determine suspected abuse/neglect, the students assigned counselor will interview the student (administrator if counselor is not available).If there is suspicion of abuse/neglect, a hotline call will be made by the counselor or administrator (if the counselor is not available).If the administrator and counselor decide there is no justification for a hotline call, and another mandated reporter still suspects that a call should be made, then it should be.Goldenberg/Goldenberg, Fily Therapy, 7th edition Thomson Brooks/Cole 2008

DIRECTLY REPORTFace to face and as early as possible.To interview means to gather information.HB505All mandatory reporters report directly and immediately to the Children's Division upon finding reasonable cause to suspect abuse or neglect.

Hotline Log SampleWhat should staff do in the case of suspected abuse/neglect?Ask open ended questionsWhat happened? Ask questions that yield factual informationWhen? How often? Where? Who? Did anyone see it?Inform Administrator and/or School Counselor of situationImmediately Report

Hotline Log SampleStudent ConcernConcern of suspected Child Abuse or Neglect (CAN )HOTLINE1-800-392-3738Document student concern for future referenceNOYESYESQualifies as a CAN ReportDo you have concerns about the childs safety upon school departure?Does NOT qualify as a CAN or a ReferralDoes NOT qualify as a CAN, but DOES qualify as a Referral Newborn Crisis AssessmentPreventative Services ReferralDocument the hotline call in your schools Hotline LogNOYESCall or TextJohn White 808-4653 orKen Gregory 825-7286See reverse side for more information on what to expect next.The Hotline ProcessReporting student concernsNon-Caretaker Referral

Ex. Child-on-childPreventative Services Referral

Ex. For families with an open caseStays in state system & used if subsequent call qualifies as a CANReports are classified by the state hotline in one of two statuses. This information is not revealed to the reporter.Assessment(Non-Criminal)Investigation(Criminal)Emergency Classification 3 hrs. to begin the Investigation/ 24 hr. responseNon-Emergency Classification 24 hr. responseState Hotline contacts local Childrens Division (CD)Local CD contacts ReporterCD contacts Joint Communications (JC)JC contacts city or county law enforcementLaw enforcement contacts CD InvestigatorCD and Law Enforcement make contact with childChild and Parent Interviewed SeparatelyUnsubstantiatedPreponderance of EvidenceReport made by Mandated Reporter or Non-Mandated ReporterOn file for lifetime. Criminal and/or legal action taken24 hours to make contact with the child or familyCommunity resources are offered to the familyReport made by Mandated ReporterReport made by Non-Mandated ReporterThe Hotline ProcessWhat to expect after the callOn file for 5 yearsOn file for 2 yearsFailure to ReportFailure to report is a class A misdemeanor punishable by up to 1 year in jail and/or a fine of up to $2,500It is estimated that a child dies every eight days due to abusereporting can save lives!Important that we take our job as a mandated reporter seriously.RememberAs a mandated reporter, you need only have reason to suspect abuse or neglect prior to calling the hotline; it is someone elses job to investigate whether a crime has occurred.If you arent surecall!SusanCHILD ABUSE AND NEGLECT HOTLINE1-800-392-3738

Reports to the Child Abuse/Neglect HotlineCreated in 1975, RSMo210Accepts over 107,000 calls per year24 hour, 7 day per week hotlineStaffed by Childrens Service Workers