UPDATE: DEC. 4, 2007

Please note that due to changes in reporting requirements, the information in this article from June 2007 is outdated.

Follow the link to the New York Teacher article "How changes in reporting child abuse affect you" from the Dec. 6, 2007 edition for current information.

An update to Information Bulletin 2007-03 "Child Abuse Mandatory Reporting Requirements for School Employees" is currently in development by NYSUT's Research and Educational Services Department.

School employees may be involved in child abuse reporting in two ways:

• They have a reasonable cause to suspect a child is the victim of abuse or maltreatment by someone in parental relation to the child (covered by Social Services Law).

• They witness or receive allegations of child abuse by an employee or volunteer in an educational setting (covered by Education Law).

Here are excerpts concerning Social Services Law requirements from a Q&A in a NYSUT Information Bulletin.

Q: Which school employees are required to report cases of suspected abuse or maltreatment under Social Services Law?

A: Although anyone may report child abuse or maltreatment, the following are mandated reporters: school officials including teachers and principals, psychologists, registered nurses, social workers, licensed creative arts therapists, licensed mental health therapists and mental health professionals.

Q: How can school employees recognize child abuse and maltreatment?

A: Although these indicators are not diagnostic criteria of child abuse, they illustrate important patterns that may be recorded in the written report. Some indicators of abuse can include: injuries to the eyes or both sides of the head or body (accidental injuries typically only affect one side of the body); frequent injuries of any kind (bruises, cuts or burns); destructive, aggressive or disruptive behavior; passive, withdrawn or emotionless behavior; and fear of going home or fear of parents.

How does a school employee make a report concerning a child enrolled in the school?

A: As soon as you suspect abuse or maltreatment, you must report your concerns to the individual in charge of the school. He or she must make a report immediately by telephone or fax on a form supplied by the commissioner of the Office of Children and Family Services to the New York State Central Register of Child Abuse and Maltreatment. Be sure to notify the supervisor in a manner that can be verified (such as e-mail) and follow up in a timely manner, also via some verifiable means. A supervisor may not prevent an employee from making a report. Although no more than one report on the same incident is required or expected, you should make a report yourself if you are uncertain that a report has been made by a supervisor.

Q: What if your school district has a policy directing employees to report suspected abuse or maltreatment only to a super- visor and not to make reports directly to the Central Register?

A: Under Social Service Law, a mandated reporter's responsibility does not end with reporting suspected abuse or maltreatment to a supervisor, but includes ensuring that a report is, in fact, made to the Central Register. Members who work in a district with such a policy and who are unable to confirm that a report has been made by a supervisor should seek the help of the local union and NYSUT labor relations specialist. If, even with such help, confirmation cannot be made promptly, the member should make the report himself or herself to the Central Register and have the union notify district administration that the notification is being made.

Q: When must a report be made?

A: A mandated reporter must make a report in two instances: where there is reasonable cause to suspect that a child coming before the reporter in their professional capacity is abused or maltreated; and where the parent or other person legally responsible for a child comes before the reporter in their professional capacity and states from personal knowledge, facts, conditions or circumstances that fit the definition of abuse or maltreatment.

Q: What protection from liability exists if a mandated reporter is sued for making a report?

A: If a mandated reporter makes a report in good faith, he or she is protected from any criminal or civil liability that might otherwise result by reason of such actions.

Q: Are there penalties for failure to report?

A: Anyone who is mandated to report suspected child abuse or maltreatment — and fails to do so — could be charged with a Class A misdemeanor. Further, mandated reporters can be sued in a civil court for monetary damages for any harm caused by their failure to make a report to the New York State Central Register of Child Abuse and Maltreatment.

Q: How can mandated school employees contact the Central Register?

A: A telephone report can be made to the New York State Central Register of Child Abuse and Maltreatment by calling, toll-free, (800) 635-1522. Telephone reports must be followed by a written report, on the official form, within 48 hours.