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First, welcome to this session.

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Presentation on theme: "First, welcome to this session."— Presentation transcript:

1 Bureau of Indian Education School Board Training SCAN Suspected Child Abuse and Neglect
First, welcome to this session. If you haven’t been in another session that congratulated you on taking on this responsibility, then I’d like to do that. Being a board member sometimes isn’t easy—so thank you for being of service to your community and to the children who will be the adults of tomorrow. People like you make your community stronger.

2 Agenda Welcome Overview Roles and Responsibilities
Questions and Discussion Takeaways So you can keep track…here’s where we are and what we’re going to do for the next hour… Right now, lets get an overview…

3 Today’s Objectives Gain or deepen knowledge of:
Suspected Child Abuse/Neglect (SCAN) as a tool to protect children Mandatory Reporting Responsibilities of School Board Our topic today is SCAN—Suspected Child Abuse/Neglect It is important that we have no tolerance for abuse in our schools and everyone working with children needs to know how to recognize abuse and the structures in place to deal with it. As board members, it is important that you know about this issue because, as leaders, you are setting the pace. You need to be able to converse with your superintendent about SCAN, mandatory reporting and who should do what when. Even, as we will see, where you may not have specific legal duties, you do have the duty to make sure your superintendent and school officials carry out their responsibilities, so you need to know what they are.

4 Authorizing Laws Public Law 101-630 (1990) Public Law 101-647
Indian Child Protection and Family Violence Prevention Act, as amended Public Law Crime Control Act of 1990 Abuse reporting REQUIRED! Amazingly, the first child abuse legislation grew out of efforts of those working to protect animals in the late 1800s. The idea was that children should have as much protection as animals. Today, children have the protection of both Indian centered and additional federal law. Today’s authority comes from two pieces of legislation passed in 1990. These laws REQUIRE people to report abuse. The Indian Child Protection and Family Violence Prevention Act Anyone identified as a mandated reporter who knows or has a reasonable suspicion that a child has been abused in Indian country, must report the information to the local protective services or local law enforcement agency. Anyone who has a reasonable suspicion that actions are being taken or are going to be taken must report the information to the local protective services Any person who, while in a professional capacity or activity…in a Federally…contracted facility, learns of facts that (lead to) suspicion that a child has suffered an incident of child abuse, shall, as soon as possible, make a report of the alleged abuse to the agency designated to receive the report.

5 Roles and Responsibilities
Board members’ primary responsibility: Hold the Superintendent accountable for proper SCAN administration. Accuracy Protection of involved child Complete confidentiality Appropriate notifications Follow-up The main power of a Board is to establish goals and policies and then demand accountability. A key policy you should have is adherence to the law, which includes SCAN compliance. Your role is to make sure the superintendent understands that he or she will be held accountable. Your role is NOT to involve yourself in specific execution. If you do, it can undermine the superintendent’s and the schools ability to be effective. If there is no Superintendent, hold the Principal accountable or other designated Chief School Officer. It is critical that board members and all staff involved hold the matter completely confidential.

6 Types of Abuse Child abuse can take many forms.
Four major types must be reported: Sexual abuse Physical abuse Emotional abuse Physical and/or emotional neglect The term child abuse is widely used and sometimes misused in today’s world. It can sometimes depend on the perspective of the individual. It does NOT include discipline administered by a parent or guardian that is reasonable. Child abuse happens across economic, racial, group and gender lines which is why there needs to be vigilence. Legally, there are four major types of abuse that must be reported. What are some examples of each of these you may have witnessed or heard about?

7 Mandatory Reporters have a responsibility to report child abuse.
Mandated Reporters Mandatory Reporters have a responsibility to report child abuse. Failure to report or preventing a report is a criminal offense. Anonymity is not provided for “need to know” personnel. There is no immunity for bad faith reporting. People in the schools who are required to report abuse are called mandated reporters. For mandated reporters, failure to report or prevent report is a Class B misdemeanor: up to $5000 fine and 6 months imprisonment. While there is a degree of confidentiality, school officials, law enforcement, child protective services, and program specialists may have a ‘need to know” . Investigative agency may provide information and names to court or employee of tribal, state or Federal government who needs to know to perform their duties. There is no immunity from civil or criminal liability for bad faith reports.

8 Types of Mandated Reporters
Teachers, counselors, aides, and assistants Bus drivers Administrative officers Child welfare and attendance supervisors Truancy officers Psychologists, psychiatrists and assistants This is a partial list of people who are most often in schools. Others who are mandated to report who may impact students include doctors, dentists, optometrists, paramedics, head start teachers, public assistance workers, day care providers, social workers, mental health personnel, probation officers, law enforcement and others. What are some situations you’ve encountered where these people have been involved in observing incidents?

9 Reporting Categories SCAN Employee Incident Report (EIR)
Criminal Incidents There are three reporting categories that may come up in respect to abuse. Only the first—the SCAN report—is truly child abuse. For distinction purposes, we should know the other two: 1 SCAN—child abuse and/or immediate danger Sexual assault, molestation, exploitation, contact, conduct, prostitutioin Physical injury Malnutrition, failure to thrive Fighting, threatening, bodily harm Situations that may not meet “abuse” definition, but are near or long-term threat Corporal punishment Grabbing, pushing Lack of supervision, medical care alleged staff must have no contact with children until investigation by law enforcement is complete. Includes student perpetrators Sometimes staff is reluctant to fill out reports on students, but they can be considered perpetrators. Remember to view the incident from the perspective of the child who is abused. Have you experienced or observed a SCAN level incident? What happened? 2 Employee Incident Report Doesn’t meet definition of abuse No physical contact Involve employees Discourteous conduct, inappropriate language or comments, insulting Corporeal punishment, solitary confinement, imprisonment calculated to bring shame alleged staff is removed at the discretion of the Principal/Administrator. A volunteer, contractor or consultant is removed immediately Have you experienced or observed an incident level incident? What happened? 3 Criminal Incidents Not child abuse but criminal in nature Drinking or selling intoxicants to students Transferring or selling drugs to students Transferring or selling prohibited items such as cigarettes to students Comparable incidents Have you experienced or observed such criminal incidents? What happened?

10 Administrative Inquiry Team
Reviews merits of SCAN report. Independently confirms the SCAN report when BIE employee involved. Does NOT investigate incident. Consists of at least three state licensed individuals appointed by the Principal. Notifies local law enforcement within one hour of report completion. Each school should have an administrative inquiry team Independently confirms SCAN report when BIE employee involved Provides recommendations to management and notifications to local law enforcement. AIT does NOT investigate—that is the job of law enforcement. How might you coach your superintendents to select the

11 Training Both governing laws require staff training.
Supervisors and managers: Prior to each school year. Returning staff: Annually. New staff: Prior to contact with children. Attendance must be documented. There are a great many forms and reporting requirements for SCAN and other types of reports. Staff needs to be trained regularly in case there are changes and because it is to important to forget. Supervisors are trained before the school year so they can train or arrange for training of staff. Attendance is documented through sign-in sheets if BIE conducts the training. If the school conducts the training, sign-in sheets AND a copy of the agenda are required.

12 Questions for Discussion
Why is it necessary to act quickly? Why is reporting mandated? Why is it important to adhere to proper forms, procedures and documentation? What might get in the way of proper actions?

13 Takeaways What are three things you will remember from this session?
What will you do differently?

14 Resource Suspected Child Abuse/Neglect (SCAN) & Employee Incident Reporting Protocol, Bureau of Indian Education, Revised 2009. xt/idc pdf


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