parental consent

[CdwJava]

OP is a "clerk" as she wrote, and without any licenses or certificates. While she might work in a position within the administration of the school, she does not appear to have any administrative authority and does not appear to fall under the mandated reporting category.

A report to CPS is likely a good idea. What they can do with a child crying and no first hand accounts of any abuse or neglect (recently) is another question.

 

[Isis1]

I didn't guess.

FYI, i was there at the bus stop again

and you are precisely correct.

 

[I'mTheFather]

FYI, i was there at the bus stop again

and you are precisely correct.

Oh, sweetie, you are one of my chosen ones. When the time comes, I'll give ya a heads-up!

 

[mistoffolees]

You really ought to read more.

Publication 1159 Summary Guide for MANDATED REPORTERS in New York State

Yep. Says the same thing as I said. If OP is a "school official", then she is a mandated reporter.

So what's your point - other than reinforcing what I said?

OP is a "clerk" as she wrote, and without any licenses or certificates. While she might work in a position within the administration of the school, she does not appear to have any administrative authority and does not appear to fall under the mandated reporting category.

The rule says "school official". It doesn't specifically say whether a clerk is covered or not. OP should either report it or else convince herself that under NY state guidelines she is not required.

Simply making a unilateral decision not to report it isn't a great idea. If she happens to be wrong, she has committed at least a misdemeanor.

A report to CPS is likely a good idea. What they can do with a child crying and no first hand accounts of any abuse or neglect (recently) is another question.

OP can notify the TA, the principal, and the vice principal that they are required under the law to report it. Or she can notify CPS what she knows and let them contact the TA, principal, and vice principal to ask why they didn't report it.

 

[I'mTheFather]

Yep. Says the same thing as I said. If OP is a "school official", then she is a mandated reporter.

Uh, no, it doesn't. Read again.

So what's your point - other than reinforcing what I said?

The rule says "school official". It doesn't specifically say whether a clerk is covered or not. OP should either report it or else convince herself that under NY state guidelines she is not required.

Simply making a unilateral decision not to report it isn't a great idea. If she happens to be wrong, she has committed at least a misdemeanor.



OP can notify the TA, the principal, and the vice principal that they are required under the law to report it. Or she can notify CPS what she knows and let them contact the TA, principal, and vice principal to ask why they didn't report it.

OP should report if abuse is suspected, but only because it's the moral thing to do, not because OP is legally bound to report.

 

[CdwJava]

Yep. Says the same thing as I said. If OP is a "school official", then she is a mandated reporter.

Then there is this from the OCFS:

Chapter 193 of the Laws of 2007 clarified the identification
of a school official within the context of who is a mandated reporter. The
definition of a school official now “includes, 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”.​

I do not see that the OP is a mandated reporter.

I agree that there might be a moral "requirement" to make the report or at least bring the matter to the attention of someone else in the administration, but it does not appear to be a LEGAL requirement for the OP.

 

[mistoffolees]

Then there is this from the OCFS:

Chapter 193 of the Laws of 2007 clarified the identification
of a school official within the context of who is a mandated reporter. The
definition of a school official now “includes, 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”.​

I do not see that the OP is a mandated reporter.

I agree that there might be a moral "requirement" to make the report or at least bring the matter to the attention of someone else in the administration, but it does not appear to be a LEGAL requirement for the OP.

I also do not see that it states that OP is NOT a mandated reporter. It says a school official includes, BUT IS NOT LIMITED TO************** With wording like that, it's impossible to say if her clerical position makes her a school official or not. She really needs to find out by calling CPS or the school's attorney to find out or else report it to be safe.

 

[I'mTheFather]

You are so wrong, but it's a little funny that you're so arrogant about it.

True, the list begins with "but is not limited to" but it ends with "other school personnel required to hold a teaching or administrative license or certificate” which is the distinction that a mandated reporter holds in the school setting.

From the same page, but further down:

The New York State Education Department (SED) Office of the Professions oversees the training requirements for mandated reporters.

Ergo, if OP has not been trained, then OP is not a mandated reporter.

 

[CdwJava]

I also do not see that it states that OP is NOT a mandated reporter. It says a school official includes, BUT IS NOT LIMITED TO************** With wording like that, it's impossible to say if her clerical position makes her a school official or not. She really needs to find out by calling CPS or the school's attorney to find out or else report it to be safe.

Since the qualifier appears to be that the person be in another position that requires some form of certification, I'd argue that she is NOT a legally mandated reporter. I doubt they will expect the lunch lady or the custodian to be a mandated reporter, either. Now, many schools likely have internal policies that require staff to report such observations or suspicions to admin., but a policy is hardly a legal requirement. Though failing to adhere to policy can result in discipline for the employee.

So, no matter, she is not likely to face prosecution for NOT reporting it since it appears (a) she has not been trained in the mandated reporting laws, (b) she does not fall under the direct description of the law, and (c) no clear evidence of unreported abuse or neglect has been provided. Crying is not clear evidence of abuse.

Once again it falls back to the OP voluntarily reporting it to her supervisors or admin., or reporting it voluntarily to child services. Something she appears to be willing to do.