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soliro

Junior Member
What is the name of your state (only U.S. law)? NY

Hello, I am in school admin in a small religious private school without any therapists or nurses on staff. Recently I had to deal with a 12yo boy who could not stop crying. I found out that he has had this problem for about 2 years. He does not do hw, gets in trouble, stops listening to teachers, starts crying when teachers say they'll call parents and disturbs his class with crying for a long time. He is also known for lying even without apparent profit, being attracted to death and violence. Two weeks ago during a fire drill he told some 4yearolds that they will burn up and really scared them. For two years the school has been calling his parents for every incident and recommending that the boy get evaluated for special services. For two years the parents have refused to give consent.

After I brought the crying boy to the school office last week and consulted the principal and before finding out full prior history, I formulated a plan with principals approval to help the child deal with his problems, such as developing routines and systems of rewards and consequences. We decided to involve the parents so the plan could be consistent both in school and at home.

I mailed a letter saying that the boy's problems persist, there is a plan which parents should support, the parents should make an appointment to meet with me, teacher and principal to work on the plan, and if they do not, they should either involve professional therapists, transfer out or accept that the problems might go on and lead to suspension/expulsion. I called the parents. The father refused to listen, aggressively defending his right to raise his child the way he wants and questioning why he is not contacted immediately when hw is missed or anything else happens. He did agree to meet, saying he'll come the same day in the afternoon, or call to reschedule.

Within minutes, the mother showed up in school demanding to talk to the principal and telling the school first to mind our own business and then be harder on the boy who is a manipulative liar.

She reiterated the same to me, adding that they want weekly progress reports from the teacher. I explained that indeed the teacher has a plan, gave her a copy of the letter and the boy's notes with plans, and added that we are now more concerned with his inability to stop crying. Her response was that she does not know why this happens and that they are responsible parents and don't lay a finger on him. She promised to make an appointment so we could all meet together, then (without permission) went to her child's class and went over this all with the teacher.

The next day I reminded them about the appointment and we discussed schedules with mom. Morning after that, father called and told the principal that they do not want this meeting.

Meanwhile, I've been finding out about the boy's history from his prior teachers. A witness has stepped forward and said that two years ago she saw the boy getting hit by dad but her report was dismissed. Several teachers warned me about the father, telling me that I am in danger, although they were only conveying their impressions, not facts.

I am not sure how to proceed. Without parental consent, we cannot request a psychological evaluation for the boy from our school district. I am not trained to recognize signs of abuse or neglect, or see that fine line between reasonable suspicion and false report. I need to know what are my duties here.
 


CSO286

Senior Member
you work in education in you don't know that when you suspect abuse or neglect you need to report it to the proper authorities?

Call CPS. they can investigate and offer any needed services to this family.
 

soliro

Junior Member
Thank you for your quick and straightforward replies.

Now this is getting complicated. I found out today that 2 years ago 2 TAs saw the kid getting punched in the face by his father. They reported it to the vice principal, who dismissed it, being a friend of the father. The principal may or may not have been notified. A report was probably not made. The vice principal and one TA do not work there anymore. The TA who told me this I think had no TA license at the time.

Would you be able to tell me whether the TAs, vice principal or principal can be prosecuted for this? Would the whole school be in some sort of trouble?


To mistoffolees/OHRoadwarrior:

Ok, I’ll recommend to the principal to throw the kid out, but I’m not sure he’ll take my advice. I will also report potential abuse or maltreatment, but I don’t know whether the school will support this, in fact I rather doubt it.

To CSO286:

I work in a little private school for 1 year as a clerk without any licenses or certificates. No, I had no clue, and it is still not quite clear. I know that teachers must, licensed administrators must, but I don’t know if an unlicensed administrator is mandated to report. Is it ok to report anonymously?
 

OHRoadwarrior

Senior Member
I don't believe that's true for a mandated reporter. Furthermore, if OP reports anonymously and then the whole thing blows up later, there will be no proof that OP fulfilled her legal obligations to report.
Misto is correct and I should have clarified. That might be true in regard to a mandatory report. To quasi protect yourself, if you want to cover your base anonymously, I would use your personal cell. You then have the fall back of proof by your phone record. Note, I used the word quasi.
 

soliro

Junior Member
Ok, since I am obviously mandated, I will report it and not anonymously. However, I would like to protect at least the TA on staff. What is the statute of limitations for failure to report, and is it enough that she told the vice principal at the time? Also, how quickly a report must be made? Is two days or a week too much?
 

OHRoadwarrior

Senior Member
There does not seem to be a time frame. I have included a few links to enable you to peruse and form a structure for your report you feel will protect you. Failure to report is a misdemeanor as is reporting falsely. One of the links, gives some guidance on the grey area.

Child Abuse Reporting and Teen Sexual Activity: Clarifying Some Common Misunderstandings (FAQ) | New York Civil Liberties Union (NYCLU) - American Civil Liberties Union of New York State
http://www.childwelfare.gov/systemwide/laws_policies/state/index.cfm?event=stateStatutes.processSearch
 

I'mTheFather

Senior Member
What kind of school administrator is not licensed or certified??

In reality, you are not a mandated reporter if you haven't received any of the training that is required of mandated reporters.

Go ahead and make an anonymous call to CPS.
 

mistoffolees

Senior Member
What kind of school administrator is not licensed or certified??

In reality, you are not a mandated reporter if you haven't received any of the training that is required of mandated reporters.
Not correct. Please don't just guess.


New York State Mandated Reporter

In NY, one of the categories of mandated reporters is:
School official including (but is not limited to):
school teacher
school guidance counselor
school psychologist
school social worker
school nurse
school administrator or other school personnel required to hold a teaching or administrative license or certificate
Social services worker
Daycare center worker
Provider of family or group family daycare
Employee or volunteer in a residential care facility for children
Any other child care or foster care worker


If OP fits into any of those categories, then s/he is a mandated reporter. I strongly suspect that she would fall under "School official including (but is not limited to):"
 

I'mTheFather

Senior Member
Not correct. Please don't just guess.


New York State Mandated Reporter

In NY, one of the categories of mandated reporters is:
School official including (but is not limited to):
school teacher
school guidance counselor
school psychologist
school social worker
school nurse
school administrator or other school personnel required to hold a teaching or administrative license or certificate
Social services worker
Daycare center worker
Provider of family or group family daycare
Employee or volunteer in a residential care facility for children
Any other child care or foster care worker


If OP fits into any of those categories, then s/he is a mandated reporter. I strongly suspect that she would fall under "School official including (but is not limited to):"
I didn't guess.
 

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