CHILD PROTECTIVE SERVICES UPDATE

Jackie Canter, Director of Assessment and Student Services

and Jay Hamilton, Director of Clearfield Co CYS

January 2015

Agenda

• Review legislative changes that impact Child Abuse Recognition and Reporting

• Review the New School Board Policy 806 – Child Abuse that will be read for a second time at the next school board meeting. After which, it will become official policy.

• Gain advice, suggestions, assistance from Clearfield County Children and Youth

Child Protective Services Law became effective Dec 31, 2014• Eliminates the separate student abuse

standard• Adds several new terms and definitions• Expands the definition of child abuse• Expands the list of enumerated mandated

reporters• Broadens the basis to report suspected child

abuse• Changes the procedures for reporting

suspected abuse• Enhances background check requirements

Resources

• Once our policy is approved, it will be posted alongside the other policies on the district website under: RESOURCES>Policies>800 Operations>806 Child Abuse

• This ppt and the policy under current reading by the school board will be posted on my website under: SERVICES>Assessment and Student Services> Mandated Reporting

Policy 806 Child AbuseMandated Training

We are required to complete a minimum of three (3) hours of child abuse training and one (1) hour of professional conduct training every five (5) years.

Today is the first mandated training which reviews district policy as it relates to the reporting of suspected abuse and sexual misconduct.

Policy 806 Child AbuseMandated Training cont

The second mandated training is about the recognition of the signs of abuse and sexual misconduct and reporting requirements for suspected abuse and sexual misconduct.

This training is already scheduled for all professional and classified staff during our August 2015 In-service.

Policy 806 Child AbuseMandated Training cont

The third and fourth mandated trainings are about the Provisions of the Educator Discipline Act, including mandatory reporting requirements and the maintenance of professional and appropriate relationships with students.

These are TBA once PDE approves the curriculum and trainers.

Policy 806 Child AbuseDuty to Report

You shall make a report of suspected child abuse if you have reasonable cause to suspect that a child is the victim of child abuse under any of the following circumstances:

#1 You come into contact with the child in the course of employment, occupation, and the practice of a profession or through a regularly scheduled program, activity or service.

Policy 806 Child AbuseDuty to Report cont.

• #2 If you are directly responsible for the care, supervision, guidance, or training of the child.

• #3 If a person makes a specific disclosure to you that an identifiable child is the victim of child abuse.

• #4 If an individual fourteen (14) years of age or older makes a specific disclosure to you that he/she has committed child abuse.

Policy 806 Child AbuseDuty to Report cont.

A child is not required to come before you in order for you to make a report of suspected child abuse.

A report of suspected child abuse does not require the identification of the person responsible for the child abuse.

Policy 806 Child AbuseDuty to Report cont.

Any person who, in good faith, makes a report of suspected child abuse, regardless of whether the report is required, cooperates with an investigation, testifies in a proceeding, or engages in other action authorized by law shall have immunity from civil and criminal liability related to those actions.

Policy 806 Child AbuseDuty to Report cont.

Any person required to report child abuse who willingly fails to do so may be subject to disciplinary action and criminal prosecution.

The district shall not discriminate or retaliate against any person for making, in good faith, a report of suspected child abuse.

Policy 806 Child AbuseDuty to Report cont.

Any person who intentionally or knowingly makes a false report of child abuse or intentionally or knowingly induces a child to make a false claim of child abuse may be subject to disciplinary action and criminal prosecution.

Policy 806 Child AbuseDuty to Report cont.

Any person who engages in intimidation, retaliation, or obstruction in the making of a child abuse report or the conducting of an investigation into suspected child abuse may be subject to disciplinary action and criminal prosecution.

Policy 806 Child AbuseReporting Procedures

#1 If you suspect child abuse, you shall immediately make a written report of suspected child abuse, orally to 1-800-932-0313 or electronically to www.compass.state.pa.us/cwis.

If orally, a written report must follow within 48 hours.

If electronically, you will automatically receive a report confirmation to print out.

Policy 806 Child AbuseReporting Procedures

#2 The reporter shall immediately, after making the initial report, notify the school principal , and if the initial report was made electronically, also provide the principal with a copy of the report confirmation.

Policy 806 Child AbuseReporting Procedures

#3 The principal shall then immediately notify the Superintendent or designee that a child abuse report has been made, and if the initial report was made electronically, also provide a copy of the report confirmation.

Policy 806 Child AbuseReporting Procedures

#4 If the Superintendent or designee reasonably suspects that conduct being reported involves an incident required to be reported under the Safe Schools Act, the Superintendent or designee shall inform local law enforcement, in accordance with applicable law, regulations and Board policy.

Policy 806 Child AbuseInvestigative Procedures

#1 The school principal shall facilitate the cooperation with the Department of Human Services of the Commonwealth or the county agency investigating a report of suspected child abuse, including permitting authorized personnel to interview the child while in attendance at school.

Policy 806 Child AbuseInvestigative Procedures

#2 Upon notification that an investigation involves suspected child abuse by a school employee, the principal shall immediately implement a plan of supervision or alternate arrangement for the school employee under investigation. The plan of supervision or alternate arrangement shall be submitted to the county agency for approval.

Policy 806 Child AbuseDefinition

Child abuse is intentionally, knowing, or recklessly doing any of the following:

Causing bodily injury to a child through any recent act or failure to act.

Policy 806 Child AbuseDefinition cont.

Fabricating, intentionally exaggerating, or inducing a medical symptom or disease which results in a potentially harmful medical evaluation or treatment to the child through any recent act.

Causing or substantially contributing to serious mental injury to a child through any act or failure to act or a series of such acts or failures to act.

Policy 806 Child AbuseDefinition cont.

Causing sexual abuse or exploitation of a child through any act or failure to act.

Creating a reasonable likelihood of bodily injury to a child through a recent act or failure to act.

Policy 806 Child AbuseDefinition cont.

Creating a likelihood of sexual abuse or exploitation of a child through any recent act or failure to act.

Causing serious physical neglect of a child.

Policy 806 Child AbuseDefinition cont.

Engaging in any of the following: Kicking, biting, throwing, burning, stabbing or

cutting a child in any manner that endangers the child.

Unreasonably restraining or confining a child, based on consideration of the method, location or the duration of the restraint or confinement.

Forcefully shaking a child under one (1) year of age.

Forcefully slapping or otherwise striking a child under one (1) year of age.

Interfering with the breathing of a child.

Policy 806 Child AbuseDefinition cont.

Engaging in any of the following cont.: Causing a child to be present at a meth lab. Leaving a child unsupervised with an

individual, other than a child’s parent, who the actor knows or reasonably should have known: is a Tier II or Tier III sex offender, had a victim under 18 years of age, is a sexually violent predator, or is a sexually violent delinquent child.

Causing the death of a child through any act or failure to act.

Policy 806 Child AbuseDefinition cont.

The term child abuse does not include physical contact with a child that is involved in normal participation in physical education, athletic, extracurricular or recreational activities.

Also excluded from the meaning of the term child abuse is the use of reasonable force by a person responsible for the welfare of a child for purposes of supervision, control or safety, provided that the use of force:

Policy 806 Child Abuse Definition Cont.

Excluded is the use of reasonable force when it:

#1 Constitutes incidental, minor or reasonable physical contact in order to maintain order or control.

#2 Is necessary to quell a disturbance or remove a child from the scene of a disturbance that threatens property damage or injury to persons.

#3 Is necessary for self-defense or defense of another.

Policy 806 Child Abuse Definition Cont.

Excluded is the use of reasonable force when it:

#4 Is necessary to prevent the child from self inflicted physical harm.

#5 Is necessary to gain possession of weapons, controlled substances or other dangerous objects that are on the person of the child or in the child’s control.

Policy 806 Child AbuseClosure

Today, I reviewed: Your Duty to Report What to Report How to Report Mandated Trainings Where to find our Child Abuse Policy

Now, let’s gain advice, suggestions, assistance from Clearfield County Children and Youth Services