Annual Child Abuse and Maltreatment Prevention Protocol...that may signal child maltreatment, which...
Transcript of Annual Child Abuse and Maltreatment Prevention Protocol...that may signal child maltreatment, which...
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: [email protected]
Brooklyn: [email protected]
Manhattan: [email protected]
Queens: [email protected]
Staten Island: [email protected]
(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 [email protected] 718-623-4531
Rosita Skinner [email protected] 718-522-8214
Cathy Chiou [email protected] 718-218-6619
Randall Stevens [email protected] 718-942-8811
Joyce Frederique [email protected] 718-348-8102
Bronx David Reznik [email protected] 718-933-2140
Marvin Benson [email protected] 718-933-1075
Manhattan Barbara Alexander [email protected] 212-534-6975
Cheril John [email protected] 212-341-3315
Queens Nancy Kernisant [email protected] 718-725-6303
Melissa Brancale [email protected] 718-557-1758
Staten Island Raka Sarker [email protected] 718-720-2817
Office of Special Investigations
(OSI)Yvonne Douglas [email protected] 212-442-8317
Theresa Williams-Lloyd [email protected] 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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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
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• 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 [email protected]
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/
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
Charles Rios, Jr., Education Advocate – 212-341-3122
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FOR MORE INFORMATION
Contact name here
Phone number here
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