This is a difficult topic. It should not be, but is because we are humans and care about others. It is difficult because there are laws in all 50 states and the territories of the United States then there are policies in every school district within these states and territories. They all differ slightly, but they also all share some common traits.

The need for this topic is in today’s news. A principal and three of his teachers have been arrested and booked into jail on charges of failing to report. This story comes out of Alabama but could take place almost any day and in almost any state. This case has not yet been tried and the accused may be declared guilty or innocent. Regardless of that outcome, they have stirred anger among parents. They have been humiliated and embarrassed in their community. An attorney for one or more of them has stated that they were acting within school policy and were still within the investigation phase of the incident with plans of filing the mandated report. Prosecutors have taken the position that state law requires filing the report immediately and thus ordered the arrests after presenting the case to a Grand Jury. Obviously, lives have been disrupted; perhaps damaged beyond recovery professionally. The entire community is in turmoil and taking sides.

The first question to ask is: Who must report?

It is the law within every state that educators along with a host of other professions must report suspected abuse or neglect. Holding seminars in schools throughout the country, it is customary for Keys to ask the audience for a show of hands of all the Mandated Reporters present. It is amazing how many fail to raise their hands. It usually turns out that most have had a class on reporting and know they are Mandated Reporters and a few have not yet had that class. One of the surest bets is that if you hold any kind of license from a state board, or you work for an agency that is state licensed and part of your job has anything to do with children, you are a Mandated Reporter. If you are not, and you file a report that is OK and within guidelines. But if you are and fail to report because you did not know you should, you may find yourself standing with the four who were arrested in the paragraph above.  Top

What should be reported?

Anything that causes a person to suspect that there has been a possibility of abuse or neglect should file a report. Unless your professional title contains words such as, “Child Abuse Investigator,” your role is to report your suspicions not to determine if they are valid. It is easy to say to yourself, “It is just one small bruise. Kids fall. I will just watch to see if there are more.” When you catch yourself rationalizing why you should not report, it probably means that you should report. Do not worry about how small it may be. What you report might be nothing or it might be another piece in a growing puzzle that investigators have been working on for some time. They have the training and the position to accept and reject information. Let them do their job.  Top

With whom should the report be filed?

There is some variation among the states on this issue. Some have a special reporting agency often called Child Protective Services or some variant of this title, to which all reports of potential child abuse must be sent. Others may specify either/or and include law enforcement agencies, prosecuting attorneys or other such agencies. Some states specify that abuse is only sent to CPS when it involves family members and if the abuser is not family the report must go to law enforcement. It is important for every person who works with or around children to know the requirements of the law within your state. It may not be the same as the state from which you just moved.  Top

What about School Policy?

This is an often asked question. It usually is formed something like this: “Our school policy is that all abuse reports are sent to the office and only the Principal can call CPS to file a formal report. Will this suffice for the law?” Keys’ answer is usually a series of questions: Which can get you fired, state law or school policy? Which can revoke your license to teach, law or school policy? Which can send you to prison, law or school policy? It usually becomes clear by answering these questions that if state law mandates that you report, you should report. Keys never tells anyone to violate school policy nor state law; therefore, when these are in conflict the individual must decide which course to take.  Top

What if I am wrong?

That is why your suspicions are investigated. If there is no abuse and the child is just accident prone or habitually lies about events, the professional investigators will uncover the truth. But what if you are right and do not report? How many more times should a child be abused before you will feel better about reporting? Should you be held responsible for suspecting and doing nothing? These questions should lead to the conclusion that reporting is the best option.

A second part of this issue is worry that CPS will be overworked if everyone calls every time they suspect anything. After dozens of interviews with CPS workers in many different states, there is a common response, “We had rather receive 100 calls that are not founded than miss one call that could save a child.”   Top

What should I look for?

Physical Abuse:

Neglect:

Sexual Abuse:

Emotional Abuse:

Examples of who may be Mandated Reporters:

What to do?

Find and record the number to your state’s Hot Line for Child Abuse Reporting.  Keep it with you and call if in doubt call and ask if the circumstance you know should be reported.  They will tell you.  If you observe a crime in the form of abuse call law enforcement to rescue the child, then file the abuse report.  Top

Above all, do not delay for the sake of gathering more information. This will delay action being taken on behalf of the child and could lead to you being in trouble as the teachers and administrator above.

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If you are not sure if your school has a plan or policy or if you are not sure your school has adequate training in prevention and preparedness, contact Keys To Safer Schools.com today for assistance from the Multi-disciplinary Team.

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