Annual Child Abuse and Maltreatment Prevention Protocol

Designated Liaison Training2018-19

Child Abuse Prevention

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TRAINING:

Overview of New Protocol

Overview of ACS ProtocolOverview of SSL 413 Chancellor’s Regulation A-750

Educational Neglect and Attendance Protocol

Resources

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Why the mandates?

What do they have in common?

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Chancellor’s Regulations:A-750 –Child Abuse and Maltreatment PreventionA-210 – Minimum Standards for Attendance Programs

These regulations were completely

updated. All staff must read and

become familiar with the new DOE

protocols and procedures.

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NEW MANDATES-2017

1. Tiered Response Protocol – Grades PK-8 only

2. Policy for Photographing Injures

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TIERED RESPONSE PROTOCOL

(CR A-750 Section III)

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Tiered Response Protocol: Grades PK - 8

This memorandum sets forth a new protocol for identifying

and responding to high-risk cases of unexplained absence

that may signal child maltreatment, which includes

educational neglect, other forms of neglect, and child abuse.

This protocol represents the culmination of extensive

collaboration between the New York City Administration for

Children’s Services (ACS) and the New York City Department

of Education (DOE), which included consultation with ACS’s

Office of Educational Support and Policy Planning, the

development of recommendations by an interagency

workgroup, a review of data regarding educational neglect

reports and student attendance, and significant policy

discussions.

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Why this New Protocol?

To strengthen collaboration:• Between schools, Administration for Children's Services (ACS) and

its partner agencies.

To enhance safety by:• Closing information gaps

• Communicating with Child Protective Specialist (CPS), CPS Teams or foster care case planners

• Sharing attendance or safety concerns

This applies only to students:• In grades PK-8

• Where the report was made by a DOE employee

• Or who are in foster care

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Data Share

Ensure that confidential Foster Care files are received, matched to DOE Student files and returned to ACS on a monthly basis.

Foster Care information is shared with DOE School Supports and schools for updating of files and informing practice.

Review, evaluate and disseminate SCR data.

(Section III.B.1)

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Overview: NEW Requirements

Tiered Response Protocol:

• Share information between DOE and ACS for child-

welfare involved students (reported by DOE staff)

• Schools review attendance for these students

daily, and make a determination about the

explanation for absences.

• Schools contact ACS or agency partner based on

inadequately explained absences

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Tier 1:

Students with an Open ACS investigation

Tier 2:

Student with a Substantiated ACS Investigation During Current or Prior School Year

Tier 3:

Students Currently in Foster Care

Tiered Interventions:Identify what follow up is required for each CPS-involved

student:

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Response to Absence

If outreach to student’s home regarding 1-

3 day absence results in:

Consistently no response

Inappropriate response

Response raises concern

School staff must share that information

with ACS or ACS Partner

(Section III.D.1.2)

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Child Abuse Photography Policy(Section I.A.10)

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Photography Policy

Photographs may provide key evidence that

child abuse has taken place.

When child abuse is suspected and there is

evidence of physical injury, every effort

should be made to obtain photographs of

the injury.

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Photography Policy

When a mandated reporter observes visible signs of trauma

and has reasonable cause to suspect child abuse or

maltreatment, the mandated reporter shall: a) for the

purpose of causing photographs to be taken, immediately

notify the principal/designee of the suspected child abuse

or maltreatment and the visible signs of trauma; and b)

immediately thereafter make an oral report to SCR, in

accordance with the procedures in Section I.A.1 and no

later than the end of the school day provide the

principal/designee with the “Call ID” number, in

accordance with Section I.A.3.

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Photography Policy

Photographs must be taken if:

A child abuse report has been made and accepted by the State Central Registry (SCR)

The child is willing to be photographed

The child is willing to expose body part with injuries (e.g. by lifting shirt).

All mandated reporters must notify the principal or designee that a report has been made.

NO photos will be taken or examination conducted of a student’s genital, perineal or breast areas.

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The SCR Reporting

When physical signs are present – bruises,

abrasions, etc. - limit questions to those relevant

to determining if the physical signs seen could

be abuse.

Minimum Facts Interview

o What happened?

o Where?

o When

o Who?

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After the Report is Made

Mandated reporter notifies the principal or designees of the accepted SCR physical abuse report.

Confirms the Call ID#

Photographs must be taken as soon as possible.

The Principal or Principal’s designee will remain present while the picture is being taken.

No Parental Consent is needed

Try to establish an honest and open rapport with the student.

(If the student has questions – more info in the Photo Policy training)

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Taking of Photographs

Photographs must be taken in a private setting in a way

that best serves the interest and privacy of the child.

Where feasible, the student should be taken to the

nurse’s office or the school’s medical room in order

for photographs to be taken.

Photographs must be taken with a City-owned device.

No photographs may be taken and no examination may

be conducted of a child’s genital, perineal or breast

areas.

(Section I.10.b)

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Legal Issues

Photographs are usually admissible in a court of

law.

Images should not be manipulated, modified or

cropped.

Team approach – during photography two staff

members must always be present.

Photographs must be emailed to ACS only to

the designated mailbox.

(Different from the LDSS-2221A)(No cc)

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Photographs emailed to ACS (only; No cc)

At the time the written LDSS-2221A report is submitted, or as soon as

possible thereafter, the Designated Liaison must send an encrypted

email with the photographs attached to the borough-specific

designated ACS email inbox indicated below from a City-owned

device in accordance with procedures developed by the DOE. The

email must contain: the SCR “Call I.D.” number; the student’s name;

the student’s OSIS number; the number of photos attached; the

sender’s name; and the school name and DBN.

Bronx: DOEPhotosBronx@acs.nyc.gov

Brooklyn: DOEPhotosBrooklyn@acs.nyc.gov

Manhattan: DOEPhotosManhattan@acs.nyc.gov

Queens: DOEPhotosQueens@acs.nyc.gov

Staten Island: DOEPhotosStatenIsland@acs.nyc.gov

(Section I.10.c)DOE cah 6-18

Highlights of Chancellor’s Regulation A-750

Link in CR A-750 to the updated document.

Each school must prominently post a copy of

the revised “Highlight of Chancellor’s

Regulation A-750”. (Section VIII.A)

NYS Central Registry hotline number must be

posted in English and Spanish.

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Non-Mandated Poster

Each school shall provide notice, in English and Spanish, and

in the covered languages as required by Chancellor’s

Regulation A-663, of the OCFS child abuse/maltreatment

telephone hotline number and directions for accessing

the OCFS website as follows:

By posting: a) the toll-free telephone number (1-800-342-

3720) operated by OCFS to receive reports of child abuse

or maltreatment; and b) the internet address to access

the OCFS website at http://ocfs.ny.gov/main/cps/. Such

information shall be posted in highly-visible areas of

school buildings and on the school’s website, if such a

website exists.

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New NYS Legislation

Schools must conduct Child

Abuse and Maltreatment

activities for students,

staff and parents.

The attached poster should

be visible in all school

buildings in English and

any other appropriate

languages.

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School Requirements

• Each school principal must establish a School “Child Abuse Prevention and Intervention Team”. (Section V. A. 1)

• Designated Liaison for Child Abuse must be a member of the Child Abuse Prevention and Intervention Team. (Section V. A. 2)

• Each school shall develop a child abuse prevention/intervention plan. The plan must be submitted annually. (Section V. A. 3a)

• Child Abuse Prevention and Intervention Team should be familiar with and trained in the Photography Policy. (Section I.10)

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• School staff must be provided with training in child abuse prevention and intervention. (Section V. A. 3b)

• School shall provide child abuse prevention training to parents and students. (Section VI. 1)

• Each principal must provide all staff with a copy of the revised Highlights of Chancellor’s Regulation A-750. (Section VIII. B)

• Each school must prominently post a copy of the revised “Highlight of Chancellor’s Regulation A-750”. (Section VIII. A)

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Administrative Requirements for Administrators

and the“Designated Liaison”

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Who Calls the SCR? Why?

All pedagogical and non-pedagogical school personnel are mandated reporters. (Section I.A.1)

All mandated reporters must personally make the call to the

State Central Register whenever they have reasonable

cause to suspect that a child has been abused or neglected.

(Section I.A.1.a)

The reporter is not required to possess

certainty or to interview the child.

(Section I.A.1.a)

The mandated reporter number is:

1(800) 635-1522

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Mandated Reporting

When the parent or an employee of a DOE LYFE

Center or an employee of a NYCEEC comes

before a mandated reporter in his or her

professional or official capacity and states from

personal knowledge facts, conditions or

circumstances which, if correct, would render a

child less than 18 years of age an abused or

maltreated child, the mandated reporter is

required to immediately report the suspicions to

SCR as set forth in Section I.A.1.a.

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Reporting Protocol

Investigation

60 days to make determination

Accepted calls sent to ACS

CPS responds within 24 hours

All Allegations To The

State Central Registry

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Mandated Responsibility

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Staff must immediately

notify Principal or

Designee after making

the report to the SCR and

share the call ID number.(Section I.A.3)

Responsibility of the Designee

Staff must complete the New York State LDSS-2221A form.

(Section I.A.5)

The LDSS-2221A must include the name, title and contact information for all school

officials having direct knowledge of the child abuse

allegations.

(Section I.A.5)

The LDSS-2221A must be emailed within 48 hours of the

oral report to the ACS field office in the borough in which

the alleged subject of the report lives.

(Section I.A.5)

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Follow up the Call

Complete Form 2221A within 48 hours

Send to local CPS

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Facts for LDSS 2221A form

Information required:

Student Name(s)

Sibling(s) / Parent(s)

Full reason for the SCR call

Source contact information.

Person Making the report contact information.{In cases of Physical Abuse the ‘photograph box’ on the bottom of the

LDSS-2221A must be checked}

Within 48 hours of making an oral report to the SCR.

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Children’s Services Email List

LDSS 2221 A

Electronic Copy from DOE to Children’s Services

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Borough/Office Primary & Back up Email Address Telephone

Brooklyn Jacqueline Payne Jacqueline.Payne@acs.nyc.govv 718-623-4531

Rosita Skinner Rosita.Skinner@acs.nyc.gov 718-522-8214

Cathy Chiou Cathy.Chiou@acs.nyc.gov 718-218-6619

Randall Stevens Randall.Stevens@acs.nyc.gov 718-942-8811

Joyce Frederique Joyce.Frederique@acs.nyc.gov 718-348-8102

Bronx David Reznik David.Reznik@acs.nyc.gov 718-933-2140

Marvin Benson Marvin.Benson@acs.nyc.gov 718-933-1075

Manhattan Barbara Alexander Barbara.Alexander@acs.nyc.gov 212-534-6975

Cheril John Cheril.John@acs.nyc.gov 212-341-3315

Queens Nancy Kernisant Nancy.Kernisant@acs.nyc.gov 718-725-6303

Melissa Brancale Melissa.Brancale@acs.nyc.gov 718-557-1758

Staten Island Raka Sarker Raka.Sarker@acs.nyc.gov 718-720-2817

Office of Special Investigations

(OSI)Yvonne Douglas Yvonne.Douglas@acs.nyc.gov 212-442-8317

Theresa Williams-Lloyd Theresa.Williams-Lloyd@acs.nyc.gov 212-442-7517

DOE officials may not take any retaliatory personnel

action against a reporter that filed a report in good faith.

(Section IV.C)

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If a SCR operator declines to accept a report, you may request that an SCR supervisor review your report. Declined calls should be posted in ATS Intervention Log (ILOG).

(Section I.C.1)

Any breach of confidentiality must be reported to the DOE’s Office of Legal Services.

(Section I.A.9)

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Principals/Designees must take photographs of trauma visible on the child who is the subject

of the report. (New Protocol Section I.A.10)

Emergency medical services may be requested when

warranted.

(Section I.B.1)

If a CPS (Child Protective Specialist) has not responded by 3:00pm in a case

involving imminent danger, the principal or designee must call 911 for emergency

police assistance, after consulting with the FSC Director/designee.

(Section I.B.2)

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CPS Identification and Authentication

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On-Site: Principal/Designee must verify the CPS

worker’s credentials by asking to see his/her Photo I.D.

Card. (Section II.A.4.b)

School Officials are not authorized to make

photocopies of the CPS worker’s Photo I.D. card.

Over the phone: CPS might call to speak to the source

or request additional information. Principal/Designee

must request CPS send an email from ACS email address

or fax on ACS’ letterhead. (Section II.A.4.b)

(No written request or parent consent required)

Parental Consent?

Parental consent is not required to release a child’s record when ACS is conducting a child abuse investigation. (Section II.A.4e)

Parental consent is not required to release a child’s record to the child’s Foster Care Agency. (Section II.A.4.e)

Parental consent is required to release a child’s record to all preventive service agencies. (FERPA)

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School Records

Permit child protective workers to have access to all school records relating to the child or siblings once the worker has been cleared. (Section II.A.4.c)

A child’s records may be released to the police or district attorneys after consulting with the FSC Director/designee. (Section I.C.4)

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CPS Investigation

Principals, designees and all school

personnel are legally obligated to cooperate

in all investigations of alleged child abuse

regardless of the reporting source.(Section II.A.2)

A member of the school staff familiar to the

child may be present during the interview if

the child appears uncomfortable being alone

with the caseworker. (Section II.A.4.d)

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CPS Investigation

Principal/designee must allow CPS

workers to interview and examine, on

school property, children who have been

reported abused or their siblings,

regardless of the reporting source. (Section II.A.3)

A child protective worker is authorized to

remove a child’s outer garment in the

presence of a second CPS worker or

another school official. (Section II.A.4.f)

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Court and Legal Procedures

Principals must permit child protective workers to take a child into their custody, upon the presentation of 701c, ACS letter, court order or subpoena. (Section II.B.3.a)

• Principals must immediately inform and forward a copy of the court order or letter authorizing the transfer or removal to the FSC Leader/designee. (Section II.B.3.e)

School staff must immediately contact the FSC and the Office of Legal Services when they receive a subpoena to appear in court. (Section II.B.3.d)

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Ethics or Law?

Ask a Child Protective Specialist to:

Make an appointment to visit the school

Come back another day

Delay or hamper the investigation of an allegation

of Child Abuse, Neglect or Maltreatment

To make false reports to the SCR

{Any of these actions could cause further harm to a

child and is considered a Class A Misdemeanor}

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SCHOOL STAFF

Any information concerning sexual abuse and/or misconduct involving students by a DOE employee or others connected with school programs or services, whether on or off school premises must be immediately reported to the Special Commissioner of Investigation at 212-510-1400.

(Section VII)

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DefiningEducational Neglect

Is this a case for the SCR?

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49

New Educational Neglect and PINS Law (March 2019)

• Further coordination of efforts between ACS and the schools

• ACS to obtain information from the schools on what the school has done

to address the problem and why these efforts have been unsuccessful

• And/or staff to appear in court

• New definition of Educational Neglect requires schools and ACS to take steps to

address and improve the attendance /education issues before a call can be made

to SCR

• **Please note that this new law only impacts reports related to educational

neglect and does not change the responsibility that school personnel have to

report suspicion of other forms of child abuse and maltreatment

These new laws will require:

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Educational Neglect

The new law revises the definition of education neglect and

provides as follows ( new language is highlighted in red below)

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 the failure of his parent or other person

legally responsible for his care to exercise a minimum degree of

care in supplying the child with adequate education

notwithstanding the efforts of the school district or local

educational agency and child protective agency to ameliorate

such alleged failure prior to the filing of the petition;

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A report must be filed when the following conditions exist:*

1.

• Reasonable suspicion that the parents are aware or should have been aware of the absences;

2.

• Reasonable suspicion that the parents are contributing to the problem or are failing to take steps to effectively address the problem (i.e., failure to provide a minimum degree of care);

3.• Reasonable suspicion that the absences are impairing the

child’s education.

4. • Interventions by the school have failed to improve the

attendance issues.* NEW EDUCATIONAL NEGLECT LAWDOE kjr 3-19

52

• the petition must now show the efforts

undertaken by ACS and the school to address

and resolve the educational issue

• the petition must also include the reasons why

the educational issue cannot be resolved absent

the filing of a petition

When ACS goes to file an Educational Neglect Petition in Court,

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DOE School Staff Appearance in Court:

• The Family Court Judge could notify school staff and give them

the opportunity to be heard in court whenever an educational

neglect petition is filed in court and the court determines that

assistance of the school staff would aid in the resolution of the

education-related allegation

• DOE Staff must inform their Principal/Designee when staff are

asked to appear in court . The Principal/designee will reach out

to their Borough/Citywide Office’s legal point person to

determine how to proceed. Legal contacts can be found here:

https://infohub.nyced.org/nyc-doe-topics/legal/office-of-general-

counsel-overview-contacts/senior-field-counselDOE kjr 3-19

Example of Efforts:

• Letters and telephone calls from the school to the parent/guardian

• School conferences regarding attendance and/or performance

• Attempts to change busing or locate alternative transportation

• Home visits by school staff and/or attendance teachers

• Exploration of alternative school placements, guidance transfers or

safety transfers

• Coordination with shelter staff or Community Based Organization (if

applicable)

• Seeking assistance of other family members

• Referrals to ACS preventative agencies such as the Family

Assessment Program (F.A.P.) DOE kjr 3-19

Documentation in ILOG :• All Interventions must be entered into iLog--*

• iLog is the intervention log screen in ATS

• The intervention as well as follow up with parent/guardian must

be documented (e.g.: scheduled school meeting with parent –

include the outcome of the meeting or indicate if the parent did not

show). DOE referrals to ACS preventative services must also be

documented.

• Documentation in iLog must give a clear picture of the

educational issues and behavioral issues, the interventions that

were attempted, and the reasons WHY these interventions did

not work. Please be specific.

• Please note that not all members of ACS will have access to iLog,

and this is an issue that is being addressed. Please provide the ACS

staff member documentation when it is requested. DOE kjr 3-19

*iLog must be the sole record for documenting efforts/interventions

PINS Cases and Petitions• PINS – Person in Need of Supervision - A child under the age of 18 who does

not attend school, or behaves in a way that is dangerous or out of control, or

often disobeys his or her parents, guardians or other authorities

• Parents are required to receive diversions services through ACS, Family

Assessment Program (F.A.P.), before they file for a PINS Petition. F.A.P.

website: (https://www1.nyc.gov/site/acs/justice/family-assessment-

program.page)

• Parents can voluntarily go into any ACS Field Office and request preventive

services

• When truancy and/or school misbehavior is alleged in a PINS petition, ACS

must review steps taken by the school to improve the youth’s

attendance/school behavior and attempt to engage the school in further

diversion efforts

• ACS must contact the school to resolve the truancy or school behavioral

problems in order to obviate the need to file a petition, or, at minimum

remediate the education-related allegations in the proposed petitions.

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PINS Cases and Petitions

• DOE staff members could also be asked to provide documentation

on interventions and the reasons why the educational issues cannot

be resolved absent the filing of a PINS petition

• The Family Court Judge could notify school staff and give them

the opportunity to be heard in court when a PINS petition is filed

and the court believes that the assistance of school staff may help

to resolve education related matters.

• DOE Staff must inform their Principal/Designee when asked to

appear in court. The principal/designee will reach out to their

Borough/Citywide Office’s legal point person to determine how to

proceed. Legal contacts can be found here:

https://infohub.nyced.org/nyc-doe- topics/legal/office-of-general-

counsel-overview-contacts/senior-field-counsel

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School Year

# of Ed. Neglect Reports

% of Ed. Neglect

Reports of all Reports to

SCR

Indication Rate Ed. Neglect

Reports

2015-16 6,697 22.90% 38.56%

2016-17 7,369 23.92% 44.99%

2017-18 8,977 22.15% 30.58%

NYC SCR Educational

Neglect Reports

2015 to 2018 update

Source: SCR – May 31, 2018

Note: School Year 2017-18 covers SCR Reports from 9/2017 thru

5/31/2018. Total calls to SCR - 24,264 resulting in 40,257 allegations DOE kjr 3-19

Educational Neglect

Main issues:

• Calls made to SCR (May to June 27) for students who were absent or late for most of the school year. (90-158 days)

• Multiple calls made to SCR on the same day by the same member of school staff with no direct knowledge of the cases.

• Multiple calls made within a few days by various members of the school staff regarding the same student.

• Calls made to the SCR the last week or day before school recess on students with 30 or more days of absence.DOE kjr 3-19

Truancy

an unfound family

A specific number of days absent or late

“per se”

a family member not disclosing information on the

parents and/or childparents failure to cooperate with a

Family Assessment Program (F.A.P.) or other preventive services

parents refusal of special education services

Educational Neglect - Is not:

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A family who’s address is no longer known by the school,

(the family may have moved, went into a shelter, etc.). An

attendance investigation must be completed by the

attendance teacher

There may be other presenting

issues that should be addressed

by parents that may indicate

other types of neglect (e.g.

medical neglect, etc.)

Manhattan

Manhattan Family Court

60 Lafayette St., 2nd Floor

New York, NY 10013

(212) 341-0012

Brooklyn

345 Adams St., 8th Floor

Brooklyn, NY 11201

(718) 260-8550

Queens

Queens Family Court, 4th Floor

151-20 Jamaica Ave.

Jamaica, NY 11433

(718) 725-3244

61

Bronx

220 E. 161st St., 2nd Floor

Bronx, NY 10451

(718) 590-6700 or (718) 590-7987

Staten Island

350 St. Mark’s Place, 5th Floor

Staten Island, NY 10301

(718) 720-0418

Family Assessment Program (F.A.P.)

REPORTING TO THE CHANCELLOR

“The principal/designee is required to go on-line onto the Department of Education webpage, access the On-line Occurrence Reporting System (OORS) and enter the “Call I.D.” that was provided by the New York State Central Register (Child Abuse Hotline). No information on the “source” of the report may be entered as this information is confidential. The child abuse OORS report must be submitted within 24 hours after the principal/designee is advised of the report to SCR and receives the Call I.D. number.”

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Training Resources(See Resource Handout – Yellow Card)

Samaritans of NY

Jewish Board of Guardians

Child Abuse Prevention Program (CAPP)

New York Society for the Prevention of Cruelty to Children (NYSPCC)

Mayors Office to Combat Domestic Violence

End Child Prostitution and Trafficking – ECPAT-USA

Girls Empowering and Mentoring Services – GEMS

Trevor Project

Thrive NYC

Growing Up NYC

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Department of Education Administration for Children Services

Interagency Resources

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ACS – DOE Monthly Case Review Meetings

BoroughDOE/ACS

Monthly MeetingsMeeting Location

Manhattan2nd Tuesday

10 to 12150 William St.NY, NY 10038

Bronx1st & 3rd Wednesday

10 to 121 Fordham PlazaBronx, NY 10453

Queens4th Tuesday

10 to 12TBD

Staten Island2nd Thursday

10 to 12350 St. Marks Place

SI, NY 10301

Brooklyn3rd Tuesday

10 to 12TBD

D. 753rd Thursday

9am – 12400 First Avenue

New York, NY 10010

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Request ACS/DOE Collaborative Case Review

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Jaye MurrayExecutive Director

Office of Counseling Support Programs

52 Chambers Street – Room 218

New York, NY 10007

ACS – DOE Monthly Case Review Meeting

Case Review Request Form

Date Submitted:

School:

DB

N:

Borough:

Dis

tric

t:

FSC School Counseling

Manager:

Student Name:

Student ID #: Student D.O.B.:

Caller ID #: Date called into SCR:

Presenting Issue:

School Staff (with direct knowledge of case) to Attend:

Name: Title:

Name: Title:

Submitted by:Name Title

Phone Number:Contact phone number for the person submitting this request. Direct Dial number is preferred.

Email this completed form with a copy of the most current LDSS 2221A to RWinste@schools.nyc.gov

Requests must be received no less than five school days prior to the meeting date.

Revised 3/2018

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https://infohub.nyced.org/partners-and-providers/health-and-wellness/reporting-child-abuse/

Office of Safety First

1-718- KID-SAFE

(543-7233)

Safetyfirst@acs.nyc.gov

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Instant Response Team

(IRT)

Joint Response(see Handout)

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Office of Education Support and Policy

Planning

Roberto Romero, Supervisor – 212-442-5046

Roberto.Romero@acs.nyc.gov

Charles Rios, Jr., Education Advocate – 212-341-3122

Charles.RiosJr@acs.nyc.gov

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FOR MORE INFORMATION

Contact name here

Phone number here

e-mail

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