District staff will be on the alert for the purpose of identifying abused and maltreated children and reporting these findings as required.

 Definitions

 An "abused child" means a child less than eighteen (18) years of age whose parent or other person legally responsible for care, inflicts or allows to be inflicted upon such child physical injury, by other than accidental means, which causes or creates a substantial risk of death, serious protracted disfigurement, protracted impairment of physical or emotional health or protracted loss of impairment of the function of any bodily organ. Child abuse also refers to the situation where the parent, or other person legally responsible, creates or allows to be created a substantial risk of physical injury to a child, by other than accidental means, which would be likely to cause death or serious protracted disfigurement, or protracted impairment of physical or emotional health, or protracted loss or impairment of the function of any bodily organ. Sex offenses against a child, as defined in the Penal Law, shall also constitute a basis for finding that a child has been abused.

 A "maltreated child" includes a child under the age of eighteen (18) defined as a neglected child under the Family Court Act or who had serious physical injury inflicted upon him/her by other than accidental means. In general terms, a neglected child is one whose physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of neglect by a parent, or other person legally responsible for his/her care, to exercise a minimum degree of care in the areas of providing food, clothing, shelter, education, medical, dental, optometric or surgical care. Child neglect is also indicated where there has been the unreasonable infliction of harm, or substantial risk thereof, including the infliction of excessive corporal punishment, drug misuse or abuse, alcohol abuse or abandonment of the child.

 Information and Training

The District will post the toll-free telephone number operated by the New York State Office of Children and Family Services (OCFS) (1-800-342-3720) and instructions for accessing the OCFS website (http://ocfs.ny.gov/main/cps/) on its website in both English and Spanish. The District will also post this information in clearly and highly visible locations so that students and employees can readily access it. This information will be available from District administrative offices, will be provided to all teachers and administrators, and will be provided to parents and persons in parental relation at least once per school year.

Reporting Procedure

Reports of suspected child abuse, maltreatment or neglect   must be made immediately, by telephone or where permitted, by telephone facsimile on a form supplied by the OCFS commissioner. The oral report generally will be made to the Statewide Central Register of Child Abuse. The facsimile report will be made to a special facsimile number for use only by persons mandated by law to make reports, as set forth below. A follow-up written report  will be made within 48 hours after the oral report to the appropriate  Local  Child  Protective  Service  on  forms  prescribed  by  and supplied  by  the OCFS which are available on their official website: 

Oral Report to:  New York State Central Register of Child Abuse and Maltreatment (1-800-635-1522).

Written Report: Mail to the appropriate county Department of Social Services(DSS), Child Protective Services (CPS). (The  CPS mailing address may be provided upon making the initial oral report.)

Facsimile Report: Where available, reports may be made by Special telephone facsimile number.

Report  Content

The District will use the OCFS form when reporting. The form will include the name and address of the child and his or her parents guardians or other person responsible for his or her care, if known; the child's age, sex, and race; the nature and extent of the child's injuries, abuse or maltreatment, including any evidence of prior injury, abuse, or maltreatment to the child or his or her siblings; the name of the person or persons responsible for causing the injury, abuse, or maltreatment, if known; family composition; the source of the report; the person making the report and where he or she can be reached; the actions taken by the reporting source, including  taking photographs and any other information which the OCFS commissioner may, by regulation, require or the person making the report believes might be helpful in the furtherance of the investigation.

3)      Photographs

 Areas of trauma visible on a child may be photographed at public expense. All photography should be conducted with the authorization of the building principal who will, to the extent practicable, do so upon notification of the Superintendent or designee. All photographs will be sent to CPS at the time that the written report is sent, or as soon thereafter as possible. The nurse should ensure that his or her documentation reflects the physical findings evident in the photograph as well as any physical care given in relation to the injury.

 Safeguarding Life and Health

 If, during the course of an investigation of suspected child abuse or maltreatment, the building principal determines that a child's health or safety is threatened, the Building Principal shall immediately contact the Superintendent who will immediately contact the CPS and police to recommend having the child placed in protective custody.

Reporting a Child's Death

A post-mortem report for investigation must be made to the medical examiner or coroner in the event that a child dies as a result of abuse or maltreatment. If such death occurs at school, the report  for  investigation  shall  be made  by  the  Superintendent  of  Schools  to  the  appropriate medical authority.

Confidentiality of Reports

Reports of suspected child abuse and maltreatment are confidential and may only be made available to those individuals who are specified by law. The Commissioner of Social Services may intervene to prohibit the release of a report by determining that it would be detrimental to the safety interests of the reporter.

Distribution 

The Superintendent or designee will distribute copies of the policy and regulations regarding child abuse and neglect/maltreatment reporting requirements to all current and new school officials.

Training Programs for Current and New School Officials

The Superintendent or designee will establish and implement, ongoing training for all current and new school officials concerning their reporting responsibilities for suspected child abuse and maltreatment and relevant District procedures. Every year, the District will provide to all teachers and all other school officials a written explanation about reporting student drug abuse, child abuse, and child abuse in an educational setting, including immunity for good-faith reporting.

Training on Recognizing Unlawful Methamphetamine Laboratories

 The Superintendent or designee will provide information on recognizing the signs of a clandestine methamphetamine laboratory to all mandated reporters who visit children's homes as part of their usual professional responsibilities. If an employee suspects a methamphetamine laboratory, he/she should leave the premises immediately and contact local law enforcement.

Access and Custody

 Access to School Records by the Child Protective Services

 CPS may request access to or copies of records relevant to its investigation of suspected child abuse or maltreatment, which may include personally identifiable information.  The District will review document requests on a case-by-case basis.

Student Interviews by CPS Personnel on School Property

CPS may request and receive access to any child named as a victim in a report of suspected abuse or maltreatment or any sibling or other child residing in the same home as the named victim. Access includes conducting an interview of these children without a court order or parent's, guardians, or other person legally responsible for the child's consent when CPS encounters circumstances that warrant interviewing the child apart from family, other household members, or the home where the abuse or maltreatment allegedly occurred.

The District may ask CPS and any of its team members for identification, and to identify the child or children to be interviewed. The District may also authorize a staff member to observe the CPS interview from the same or a different room. CPS and any of its team members must comply with the District's Code of Conduct and any other applicable policies or procedures.

Taking a Child into Protective Custody

School officials and staff members do not have the power to take a child into protective custody under the Social Services Law or Education Law. A peace officer, police officer, law enforcement official, agent of a duly incorporated society for the prevention of cruelty to children or a designated employee of the county DSS may take a child into protective custody without the consent of a parent or guardian. The Building Principal will cooperate  with  any  of  the  officials  referenced  above  who  produces  official  documentation indicating that a student be taken into protective custody. Release of a child to these official(s) must be authorized by the Superintendent of Schools or his/her designee.

Immunity and Penalties

Immunity from Liability

School officials who act in good faith when making a report taking photographs, or disclosing information to CPS, have immunity from liability. The immunity from liability extends to civil and criminal liability.   That might otherwise result from these actions.

Penalties for Failure to Report

Any mandated reporter who knowingly and willfully fails to report a case of suspected child abuse or maltreatment will be subject to civil penalties. Any mandated reporter who willfully fails to report a case of suspected child abuse or maltreatment will be subject to criminal penalties.