Reporting Responsibilities
Do I have a legal responsibility to report suspected child abuse?
As we said at the outset, yes. All school personnel are “mandated reporters”—that
is, they are required by law to report all suspected child abuse and neglect
cases, as are police officers, physicians and registered nurses. You must
report not only your suspicions, but also any statements from a parent, guardian,
custodian or other person legally responsible for the child that, if correct,
would indicate that he or she had been abused. The chancellor has translated
these various legal obligations into Chancellor’s Regulation A-750.
If you suspect child abuse and you don’t report it, you may be
subject to disciplinary action by the DOE; civil liability for all damages
inflicted upon or suffered by the child and caused by your failure to
report; and criminal charges of a Class A misdemeanor punishable by up
to one year in jail and a fine.
What if I am unaware of the abuse and neglect and,
therefore, fail
to report?
You must have reasonable cause to suspect that a child is abused or neglected. The law does not require you to be a prophet or a seer or a guarantor of the child’s safety; it requires school personnel to do what they do best—pay attention to the children they serve and follow up if they see something suspicious. The school team is there so you have other school personnel with whom to discuss your observations.
Can I be silent if I am afraid of the parents?
No. The UFT is working with the DOE to try to protect our members in all ways possible against reprisals by parents. We know of occasions where confidentiality provisions have been violated and the names of mandated reporters have been disclosed to parents or guardians. If this happens to you, notify your chapter leader immediately. This will enable the UFT to pursue how your confidentiality was breached.
What should I do if I suspect child abuse?
For guidance, consult your school’s child abuse team. But remember:
Under the regulations any staff member who has a “reasonable cause
to suspect” that a child is abused, maltreated or neglected must
notify the principal (or his/her designee) immediately. The principal
or the designated person must immediately telephone the report to the
hotline run by the New York State Central Register for Child Abuse and
Maltreatment in Albany.
Each new or additional incident must be reported to the state Central
Register, whether or not previous reports have already been made.
Does the principal have any discretion about calling the hotline?
The regulations are clear on this point—the principal has no leeway.
The principal or his/her designee must ensure that a report is made whether
or not he/she believes it is warranted.
Assuming that the principal calls the Central Register,
do I have to file
any paperwork?
No. It’s the principal’s job to file the written report.
What if my principal or his/her designee refuses
to make the report?
Your principal is required to inform you that he or she has filed a report
with the State Central Register within one school day and must give you
the SCR report number. If he or she does not do so, you are obligated to
phone in the report yourself. Alert your UFT chapter leader immediately
of any failure to report cases by your principal or his or her representative.
This is an added protection for you as well as your students, since principals
at times have refused to file reports. It removes a possible legal liability
from you and ensures that help will be on the way to the child. It also means
that you can grieve as stated in our contract if the principal doesn’t
do what’s required.
How do I make a report?
Call the New York State Central Register for Child Abuse and Maltreatment
toll-free at 1-800- 342-3720. You will talk to someone who will ask you to
describe what you have seen or heard and for other information such as the
age of the child, your reason for suspecting abuse and any other background
information you might have about the child and his or her family.
Every case is given a code called the “assigned state register number.” Ask
for it, as you will need it for the written report you will be asked to make
(on form DPSS 2221A, available from your school) within 48 hours after you
call the Central Register. The written reports must be mailed to the appropriate
borough field office of the city’s Administration for Children’s
Services.
Are there any rules for reporting suspected abuse of special education students?
Yes. You must include a description of the child’s handicapping conditions, as well as the medical or related services that he or she requires in both the oral and written reports. The law protects special education students in residential schools up to age 21.