CEA Advisor_April 2022

ADVISING

APRIL 2022 CEA ADVISOR 13

SUSPECTED CHILD ABUSE, NEGLECT, AND YOUR ROLE AS A MANDATED REPORTER 10 Things Every Educator Needs to Know As mandated reporters, Connecticut teachers must be alert to signs of potential child abuse or neglect. If you believe a student may be the victim of abuse or neglect, you are legally obligated to report that information and your concerns to the Department of Children and Families (DCF)—and you are required do so in a certain time frame. Failure to report, or a delay in reporting, can put your students at risk and could have serious consequences for you as well. Teachers who have failed to report signs of abuse or neglect have been subject to job termination, fines, and criminal prosecution. Unfortunately, CEA’s Member Legal Services Department has seen a significant uptick in the number of DCF matters involving teachers allegedly failing to report suspected abuse or neglect to DCF’s Careline. Many teachers are not sure what or if they should report. Not knowing, and not acting, places them and their students in jeopardy. Here’s what you should know. 1 | What must I report? As a mandated reporter, you are required to report suspicion of any sexual, emotional, or physical abuse or injury (other than by accidental means) inflicted on a child. You must also report physical, emotional, or moral neglect—a failure, whether intentional or not, to provide and maintain adequate health, welfare, and supervision of a child. For example, if a child comes to you and says that an adult physically assaulted him, you must report that. If a child describes not having eaten any food at home in two weeks, that should be reported. You must report what you see, what you hear, and what has been told to you, even if it is hearsay. Whether you’ve observed such behaviors, they’ve been disclosed by the student, they’ve been shared with you by one student on behalf of another, or you’ve obtained information through social media posts, you must report any suspicions or allegations of inappropriate behavior by an adult, such as staring, touching, inappropriate comments, being alone with a student, having contact with a student outside of school, or aggressive behavior, such as yelling or throwing items. It is also your duty to report inappropriate communications—including texts, emails, or photos—that an adult may have with a student. 2 | What if I’m not sure if abuse or neglect has taken place? Certainty or probable cause is not required. If you are privy to allegations, observations, facts, or statements by a child, victim, or third party, or knowledge gleaned from training, education, and experience, any of these can contribute to suspicion of abuse or neglect. 3 | Should I investigate before reporting? No. Mandated reporters should not conduct their own investigations prior to making a report. That is considered interference, and there are statutes and likely board policies prohibiting interference in the DCF investigation process. 4 | When must I report? An oral report must be made as soon as practicable but not later than 12 hours from the time you became aware of the suspected abuse or neglect. A written report to DCF must be made as soon as practicable within 48 hours. 5 | How do I make a report? You must call the DCF Careline at 1-800-842-2288 . You may also call your local law enforcement agency. At the time you call DCF, many school board policies require that you inform your building administrator as well. Even if there is not a policy, it is recommended that you share with your administration that you called DCF. Administrators are not permitted to discourage or prevent you from calling. 6 | What if I fail to report on time? Any person required by law to report a case of suspected child abuse or neglect who fails to do so within the required time is guilty of a Class A misdemeanor. If the violation is a subsequent violation, if it is willful or intentional or due to gross negligence, or if the person had actual knowledge of the abuse or neglect, that person is guilty of a Class E felony. A person found guilty of failure to report will also be required to participate in an educational and training program. DCF will notify the chief state’s attorney for potential criminal prosecution if the agency suspects a person has failed to report or did not report within the required time frames. DCF does not “substantiate” failure to report, so there is no appeals process. Teachers are most likely to run afoul of this requirement when they feel uncertain that abuse or neglect is occurring, says CEA attorney Melanie Kolek. “When in doubt,” Kolek adds, “we strongly recommend that you make the call to DCF within the time window or seek out the advice of someone within the school who can assist you with your determination and likely subsequent call to the Careline—presumably an administrator or school counselor.”

7 | Will I remain anonymous? Yes, to an extent, as long as you request to remain anonymous during the initial call with the Careline. While the name of the person reporting suspected abuse or neglect is kept confidential, it may be disclosed to one or more of the following relevant individuals or entities: DCF employee, law enforcement officer, state’s attorney, assistant attorney general, judge, and all necessary parties in a juvenile court proceeding or criminal prosecution involving child abuse and neglect; state child care licensing agency; executive director of any relevant institution, school, or facility; superintendent of schools. 8 | Can my district fire or discipline me for making a report in good faith? No. Your employer is not allowed to terminate, discriminate, or retaliate against you for making a good faith report or testifying in any proceeding involving child abuse or neglect. In addition, anyone who intentionally and unreasonably interferes (or attempts to interfere) with someone making a report or testifying in any proceeding involving child abuse or neglect is guilty of a Class D felony. The attorney general may bring an action in Superior Court against an employer who violates this law. 9 | Am I protected against liability, civil, or criminal charges if the report I make is unsubstantiated? Any person, institution, or agency that makes a report in good faith is immune from any liability, civil, or criminal charges. However, any person who knowingly KNOW YOUR STUFF CEA’s Member Legal Services Department has seen a significant uptick in the number of DCF matters involving teachers allegedly failing to report suspected abuse or neglect to DCF’s Careline. It is critically important that all educators have in-depth training in their rights and responsibilities as mandated reporters. CEA’s team of legal experts offers this training free of charge to every member association that requests it. They are available to come to your district to present on this issue as well as many other legal matters affecting teachers, including First Amendment law, social media concerns, workers’ compensation, and teacher termination. Talk to your local union representative about scheduling a free CEA Teachers & the Law training for you and your colleagues today or email myprofession@cea.org to request free training. CEA Member Legal Services attorneys—clockwise: Rebecca Mitchell (standing), Melanie Kolek, and Adrienne DeLucca— are here for you.

makes a false report of child abuse/neglect or imminent risk of serious harmmay be subject to a criminal fine, imprisonment, or both. 10 | When do the police become involved? DCF will notify law enforcement within 12 hours of receiving a report alleging sexual abuse or serious physical abuse, including a report that a child has suffered serious non-accidental physical injury, was sexually assaulted or exploited, suffered brain damage or serious impairment of a bodily function or organ, or died.

Watch CEA’s presentation on mandated DCF reporting