United School Employees of Pasco USEP

Child Abuse Investigations of Public School Employees

History  Prior to 1993, child abuse investigations of public school employees were handled by many different agencies depending on the circumstances. For example:  Health and Rehabilitative Services (HRS), now call the Department of Children and Families (DCF), and  Local law enforcement  The local school board  The Florida Department of Professional Practices Services, and  Parents could sue  Prior to 1993, child abuse investigations of public school employees were handled by many different agencies depending on the circumstances. For example:  Health and Rehabilitative Services (HRS), now call the Department of Children and Families (DCF), and  Local law enforcement  The local school board  The Florida Department of Professional Practices Services, and  Parents could sue

Up to five (5) distinct investigations could result from one (1) allegation.

False Allegations Were Rampant  Because allegations could be made anonymously, false allegations were commonplace against school employees.  Older children could “game” the system.  Misuse and incredible abuses had occurred regularly.  Because allegations could be made anonymously, false allegations were commonplace against school employees.  Older children could “game” the system.  Misuse and incredible abuses had occurred regularly.

The Florida Legislature Acted!  The Florida Education Association was able to get the legislature to act on the child abuse allegation issue.  In 1993, the HRS was removed from abuse allegations of public school employees that involved students.  Only law enforcement agencies involved in these investigations were required to investigate abuse allegations.  The Florida Education Association was able to get the legislature to act on the child abuse allegation issue.  In 1993, the HRS was removed from abuse allegations of public school employees that involved students.  Only law enforcement agencies involved in these investigations were required to investigate abuse allegations.

Recently, there have been a few reported cases where an employee failed to report that a co-worker was abusing a student.

Public School Employees are Mandatory Reporters  However, the 1993 law had unintended consequences and a loophole was created.  Public school employees were not required to report suspected child abuse by other public school employees.  However, the 1993 law had unintended consequences and a loophole was created.  Public school employees were not required to report suspected child abuse by other public school employees.

Reporter has Confidentiality  Florida Statutes (1) and (5) provide specific guidelines regarding confidentiality of persons who report allegations of abuse.  The clear intent of the law is to provide adequate and necessary safeguards so reporters feel comfortable knowing their identities are protected, so much so, that disclosure of confidential information, including the reporter’s identity, is punishable as a second degree misdemeanor.  Florida Statutes (1) and (5) provide specific guidelines regarding confidentiality of persons who report allegations of abuse.  The clear intent of the law is to provide adequate and necessary safeguards so reporters feel comfortable knowing their identities are protected, so much so, that disclosure of confidential information, including the reporter’s identity, is punishable as a second degree misdemeanor.

The 2006 Florida Legislature fix  HB 7173 was passed and signed into law.  This law requires public school employees to report suspected child abuse by co- workers.  HB 7173 was passed and signed into law.  This law requires public school employees to report suspected child abuse by co- workers.

Unintended Consequences  The loophole of not requiring public school employees to report and be held criminally responsible for not reporting allegations of abuse to authorities was closed.  However, due to this new law, the door was opened to DCF being included in investigating abuse allegations.  The loophole of not requiring public school employees to report and be held criminally responsible for not reporting allegations of abuse to authorities was closed.  However, due to this new law, the door was opened to DCF being included in investigating abuse allegations.

Know your Rights!  If you are called into a meeting with law enforcement and/or DCF, what should you do?

What does this mean to the public school employee?

Do the following ASK:  What is the purpose of this meeting?  What are the possible consequences of the meeting? STATE:  “I am willing to cooperate with the investigation; however, I am requesting that the investigation be rescheduled at a time when I can have a representative of my choice present.” ASK:  What is the purpose of this meeting?  What are the possible consequences of the meeting? STATE:  “I am willing to cooperate with the investigation; however, I am requesting that the investigation be rescheduled at a time when I can have a representative of my choice present.”

Do Not:  Do not sign or agree to anything. Remain Silent:  Any statements can be used against you. Call:  Call USEP for assistance. Do Not:  Do not sign or agree to anything. Remain Silent:  Any statements can be used against you. Call:  Call USEP for assistance.

United School Employees of Pasco USEP