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How the Course Works

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it says “Slide X of Y”

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Introduction
This syllabus meets the training requirements of Chapter 544 of the Laws of 1988.

That law, as amended, established a new requirement for all physicians, chiropractors,
dentists, registered nurses, podiatrists, optometrists, psychologists, and dental
hygienists.

When applying on or after January 1, 1991, initially, or for the renewal of, a license,
registration, or limited permit, affected individuals must provide documentation of
having completed two hours of coursework or training regarding the identification and
reporting of child abuse and maltreatment.
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Introduction continued…

Chapter 544 of the Laws of 1988 also includes


this training among the requirements for
certification or licensure of classroom teachers,
school service personnel, and administrators
and supervisors.

All persons applying on or after January 1, 1991,


for a provisional or permanent certificate or
license valid for administrative or supervisory
service, classroom teaching service, or school
service must have completed the two hours of
coursework or training.

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Introduction continued…

The only individuals exempt from the required


study are those who possess, with an effective
date no later than September 1, 1990, a
permanent New York State certificate or full
credentialing from the cities of Buffalo or New
York, and who do not subsequently apply for
any additional classroom teaching service,
administrative-supervisory service, or school
service credential.

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The list of professionals who require this training
has since been expanded to include the
following additional titles:

• LPN
• Registered physician assistant
• Surgeon
• Medical examiner
• Coroner
• Osteopath
• Resident
• Intern
• Psychologist

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• Social worker
• Emergency medical technician
• Licensed creative arts therapist
• Licensed marriage and family therapist
• Licensed mental health counselor
• Licensed psychoanalyst
• Hospital personnel engaged in admission,
examination, care, or treatment
• Christian Science practitioner

<EXTENSIVE LIST & GROWING>

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Some counties (like Schenectady) are wisely requiring ALL employees to receive
this valuable training, including custodial, secretarial and lunchroom staff. We hope
to eventually see this commendable move adopted by every county in the State.

Photo courtesy of Huffingtonpost

The law specifies that the coursework or training must include information regarding
the physical and behavioral indicators of child abuse and maltreatment.

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This training must also include the statutory
reporting requirements set out in the New York
Social Services Law, such as when and how a
report must be made, what other actions the
reporter is mandated or authorized to take, the
legal protections afforded reporters, and the
consequences for failing to report.

The law further states that the coursework or


training must be obtained from a provider
approved for that purpose by The State
Education Department.

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“Reporting & Approval”

In November of 1989, the Board of Regents adopted Part 57 of the Regulations of


the Commissioner of Education.

These regulations define the types of entities which are eligible to serve as providers
of the training and establish the responsibilities of approved providers.

The regulations require providers to use, at a minimum, the material contained in


this syllabus prepared by The State Education Department.

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This syllabus is not intended to be an exhaustive or complete overview of the serious
and complex issue of child abuse and maltreatment.

However, it includes the legally required aspects of this important topic in a format
which can be presented in the minimum period of time specified by the law.

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Subsequent Additions to Child Abuse Law

In August of 2005, in response to an increased


number of injuries and abuse reports, New York
State penal law was amended to make the
punishments for methamphetamine possession
and production much more serious.

Pursuant to section 19.27 of the mental hygiene


law, employers must now provide information to
their employees on recognizing the signs of
unlawful methamphetamine laboratories.

Mandated child abuse reporters that engage in


home visits are now required to report suspected
existence of methamphetamine laboratories.

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Effective October 2007, social services workers need not personally observe or have
personal contact/experience with suspected child abuse situations before reporting
them.

This legislation, entitled "Xcstasy's Law" (after a 4-year-old girl named Xcstasy was
severely beaten despite numerous attempts to report abuse taking place) has been
passed in an effort to "help ensure that every case of suspected child abuse and neglect
is fully investigated and dealt with appropriately" according to the office of the
Governor.

By adding this extra flexibility and responsibility for social services workers, the State
has created what some call "Expanded" or "Super" Mandated Reporters. For more
information, you may reference Xcstasy's Law, Chapter 513 of the Laws of 2007.
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Furthermore, it is NO LONGER NECESSARY for
mandated reporters to consult with, discuss with nor
seek approval from supervisors or administrators
before reporting abuse or neglect for which they
have direct knowledge.

Chapter 193 of the Laws of 2007 - Direct


Reporting

Prior to October 1, 2007, a mandated reporter could


fulfill his or her responsibility to report suspected
child abuse by immediately notifying the person in
charge of the facility where the reporter worked, or
the designated agent for the facility. As a result,
many mandated reporters could discharge their
responsibilities by notifying the person "in charge." It
then became the responsibility of that person to
make the report to the State Central Registry (SCR).

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Chapter 193 amended this section of law. Mandated reporters who must report child
abuse in their capacity as a staff member of certain facilities, institutions, programs,
or schools, including all OMRDD facilities and programs, must now personally make
the report to the State Central Register.

Following the report, the mandated reporter must immediately notify the person
in charge of the facility, or the designated agent, that the report has been made.

The mandated reporter must provide the Statewide Register (to the best of his or her
knowledge) the name, title, and contact information for each staff person of the
facility believed to have direct knowledge regarding the allegations in the report.

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Once a mandated reporter has made the report, other mandated reporters with direct
knowledge of the incident, who know that the report was made, are not required to
make a separate, additional report.

Following the first report, the person in charge of the facility is responsible for
subsequent activities related to the investigation (such as providing follow-up information
to the investigators and completing required forms).

To reiterate, when a mandated reporter becomes aware of or suspects abuse or


neglect of a child in their care or that is known to them in their professional capacity,
they must call the SCR to report the circumstances right away.

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They should advise supervisors or administrators after the report has been made,
if necessary.

Contrary to state law, many schools and hospitals have not updated their policies
to reflect this change.

In the past, mandated reporters required to gain approval or permission to report abuse
often waited for administrators that were unavailable for hours (or even days!) in order
to ask permission to file a report about a child that the supervisor was not at all familiar
with anyway, thereby resulting in significant delays or actual failure to report legitimate
cases.

We will repeat this again later in the course because it is a major change in the way
that reports are filed and has caused quite a bit of confusion and conflict.
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More recently (January 2009), there
have been significant changes to the
laws surrounding child abuse
identification and reporting in
residential care facilities.

You may find these changes listed in


Chapter 10.

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The Protection of People with Special Needs Act

The Protection of People with Special Needs


Act (Act) requires persons who are Mandated
Reporters under that Act to report Abuse,
Neglect and Significant Incidents involving
vulnerable persons to the Vulnerable Persons’
Central Register (VPCR) operated by the NYS
Justice Center for the Protection of People
with Special Needs. More information is
available at
https://www.justicecenter.ny.gov/reporting-
incident
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Under the Act, persons who are mandated
reporters to the Statewide Central Register of
Child Abuse and Maltreatment are also
mandated reporters to the VPCR, with the
exception of day care providers and staff. Day
care providers and staff are mandated reporters
to the SCR, but not to the VPCR.

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Effective June 30, 2013, persons who are Mandated Reporters under the Act have a
legal duty to:

• Report to the Justice Center, by calling the VPCR at 1 (855) 373-2122, if they have
reasonable cause to suspect abuse or neglect of a Vulnerable Person, including
any person receiving residential services in a facility operated by, or provider
agency facility licensed or certified by, the Office of Children and Family Services
(OCFS).

• Report all Significant Incidents regarding vulnerable persons to the Justice Center
by calling the VPCR at 1 (855) 373-2122.

• Continue to call the Statewide Central Register of Child Abuse and Maltreatment if
they have reasonable cause to suspect abuse or maltreatment of children in family
and foster homes, and day care settings. Suspicion of child abuse or maltreatment in
a day care setting, foster care, or within a family home must continue to be reported
to the Statewide Center Register of Child Abuse and Maltreatment at 1 (800) 635-
1522.
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NOTE: If you have any questions about which
number to call — there are trained specialists
available to assist you. The important thing is to
make the call!

Further information on the Act and the


requirements can be found at
https://www.justicecenter.ny.gov/

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In late 2023, the NYSED sent out the following bulletin:

It has been signed into law amendments to Social Services Law § 413 requiring the
addition of Adverse Childhood Experiences and Trauma, Implicit Bias, and
Identification of Child Abuse virtually within the New York State mandated
Identification and Reporting of Child Abuse and Maltreatment/Neglect coursework.
Attached, please find the new course curriculum developed by the New York State
Office of Children and Family Services which includes this newly required content.

The law ALSO requires every person who has previously undergone this training
to undergo the new updated training by April 1, 2025.

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This course reflects those changes (mostly found
in Chapter 16) and includes required content.
Below, we will start with the basics – who, what,
where, when, how and why.

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1. Purpose

a. When you are legally required to call the SCR

b. When children and families may be more appropriately assisted through


community-based services or other supports

c. Reduce bias in the decision-making process of whether a call must be made to


the SCR

d. The impact of trauma and Adverse Childhood Experiences (ACEs) on children


and families

e. Protective factors and the supports that you can refer families to in lieu of making
a report.

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2. Objectives

a. By the end of this training, you will:

i. Be able to determine if a child shows indicators of maltreatment or


abuse, including in a virtual setting

ii. Recognize the impact of trauma and ACEs on children, families, and yourself

iii. Recognize the mitigating effects of the five protective factors on trauma

iv. Recognize the impact of bias on your decision-making

v. Understand when you have a legal obligation to call the SCR

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2. Objectives

vi. Recognize how you may better connect


individuals and families with services

vii. Know how to prepare to make the call


to the SCR

viii. Know how to complete the LDSS 2221A


form

ix. Understand your rights as a mandated


reporter

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3. Background

a. Social Services Law requires:

i. SCR as a single contact for reporting child abuse or maltreatment

ii. CPS in each local department of social services

b. CPS needs strong partnerships within the community to help prevent child abuse
and maltreatment

c. Certain professionals are designated as “mandated reporters” under the law.

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4. Shared Mission

a. OCFS, the SCR, local CPS agencies and


mandated reporters promote the well-
being of New York’s children, families and
communities

b. Mandated reporters are legally obligated


to call the SCR only in certain
circumstances

c. Families in crisis may not meet the legal


criteria required to call the SCR and may
be better served by being connected to a
variety of community services in their area

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4. Shared Mission

d. Resources include:

i. The OCFS H.E.A.R.S. – Help, Empower, Advocate, Reassure and Support - family
line assists families by providing resources and referrals to a variety of services
such as food, clothing, housing, childcare, parenting education and more.
Representatives are available to help Monday through Friday 8:30am-4:30pm. If
you know a family that could use support, please ask them to call the OCFS
HEARS family line at 888-554-3277.

ii. OCFS lists on its website resources on adverse childhood experiences,


including information on how to access a wide variety of services:
https://ocfs.ny.gov/programs/cwcs/aces.php

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4. Shared Mission

iii. NY Project Hope provides emotional support for New York State residents.
This includes an Emotional Support Helpline (1-844-863-9314), Online
Wellness Groups, and a website filled with supportive resources
(NYProjectHope.org).

iv. The New York State Office for the Prevention of Domestic Violence has a
website that provides a number of resources for people who may be
experiencing, or are survivors of, domestic violence:
https://opdv.ny.gov/survivors-victims

v. Prevent Child Abuse New York also has a prevention and parent helpline
available for parents and caregivers that is confidential and multi-lingual and can
refer or connect caregivers to community-based services. This helpline is
available Monday through Friday from 9am-4pm at 1-800-CHILDREN.
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4. Shared Mission

vi. Parents and caregivers may also call 2-1-


1, operated by the United Way, for
health and human services information,
referrals, assessments, and crisis
support to help them find the assistance
they need to address the everyday
challenges of living, as well as those that
develop during times of disaster or
other community emergencies. 2-1-1 is
multi-lingual and available 24 hours a
day 7 days a week.

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Why is it important to know and study child abuse identification and
reporting procedures?

You may question the importance of being able to recognize the signs and symptoms
of abuse, neglect and maltreatment. That is understandable.

To truly comprehend the importance of such material, you must realize one
very important fact:

Most deadly cases of child abuse and neglect could have been prevented if just
one person had reported them in time to the proper authorities.

Even if a child is not considered to be in immediate danger or at risk of being fatally


injured by an abusive caregiver, it is your duty and your legal responsibility to report
any case that involves improper care of a child.

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The most important thing to remember is that you do not need hard evidence or proof.

*** All that is required is a suspicion of improper treatment. ***


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Quite often school staff members have saved
the lives of children who were being abused. In
some cases, like that of Nixmary Brown, even
numerous calls and reports filed by school
personnel were not enough. While that may be
discouraging, it does not release anyone from a
moral and legal obligation to report suspected
abuse or maltreatment.

Although for many of us it is hard to imagine


that an adult could be capable of neglecting,
hurting or even murdering an innocent child, it
happens more than you may think.

It is important to make sure that you establish a


basic understanding for what is meant by
"abuse" or "maltreatment" in REAL terms.

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After all, we can list definitions all day, but the bottom line is that these words mean
nothing unless they can be associated with something real, something we can relate to,
or something that makes front page news.

You will find below examples of the types of abuse and neglect that YOU may one
day have the opportunity to prevent.

Having this knowledge could mean the difference between life or death for a child in
your care.

Take a look at some cases that made headlines.

Continued…

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March 2006 - 11 children taken from couple .

Michael and Sharen Gravelle lose custody of their ELEVEN adopted children, who
ranged in ages from 2 - 15. Reports indicated that some of these children were sleeping
in cages.

The couple claimed that this practice was used for the safety of the children who
"suffered from psychological and behavioral problems" adding that they wanted to
prevent the children from having access to sharp objects. One young child testified that
he was forced to sleep in the bathtub because he had wet his bed.

The couple met at a support group for child sexual abuse, and Michael Gravelle was
there because he had been accused of touching his daughter from a previous marriage
inappropriately.
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November 2007 - 11-Year-Old Girl Gives
Birth

The young girl enters the hospital on November


2 complaining of stomach pains and gives birth
to a near-full-term baby the next day.

Michael Chaffer, aged 40, the long-time


boyfriend of the young girl's mother, apparently
had raped her and impregnated her before
being sent to jail on drug charges.

Mr. Chaffer had known the young girl since the


age of 3. Both the young girl and her baby have
been placed in foster care.

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February 2009 - Mother finally in court for killing her three children

Leatrice Brewer had an extensive history with CPS in Nassau County.

Many serious warning signs were ignored, however, including drug abuse and
inadequate guardianship (or supervision). By her own admission, she just woke up one
day and decided to kill her 5-year-old son Michael, 6-year-old daughter Jewell, and
her 18-month-old baby, appropriately named Innocent.

Continued…

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May 2009 - Teacher in trouble again

Brooke Biggs, a 27-year-old female, had plead


guilty to more charges associated with sexual
misconduct. She had lost her job as the result of
engaging in sexual relations with a female
student at her school.

The parents of the 16-year-old student caught


the former teacher attempting to maintain
contact with their daughter.

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January 2011 – Adopted Children Treated Like Animals

John and Sonya Kluth were receiving $1500 per month for each of three children in
their care, while abusing them and feeding them pet food.

The sibling children, aged 9,11, and 15 suffered burns and were often locked in cages.
No report of abuse was ever filed and the only way it was discovered was when one
child ran away and was found sleeping in a cardboard box outside a store.

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September 2012 – Another Runaway Case – Horrific Abuse Discovered

A 9-year-old girl was reported missing, and when she was found, she shared a story
of abuse so disgusting that the police officer, the case worker and the paramedic that
rescued her (and her four brothers and sisters) were all crying.

The 9-year-old was discovered in a park, where she was asking strangers if she
could come live with them.

Think about that for a moment. Nobody recognized the signs of abuse for all those
years!
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November 2015 – Church Day Care Worker Charged with Abuse

A day care employee was charged with multiple counts of abuse after locking a child in
a bathroom for hours, force-feeding another child and physically abusing a third young
victim while all of those children were under her supervision.

Late 2021

Doctors never examined 4-year-old Jayce Eubanks’s cuts and bruises.

Child welfare workers did not alert the police to 7-year-old Julissia Batties’s black
eye, which the child specifically said was inflicted by her mother.

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Investigators closed Aisyn Emerson-
Gonzalez’s case despite his swollen eye and a
lump on his head.

All three children were beaten to death at home


in the closing weeks of this summer.

Their deaths were among a string of fatalities


involving children who were the subject of
warnings to child welfare authorities or the
police in New York City.

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Things to take away from these cases:

Most, if not all, of these incidents could have


been prevented if authorities had been notified
before it was too late.

In almost 100% of fatal abuse cases, there are


signs and symptoms of a problem in the home
long before it escalates to serious or fatal
injuries.

Bruises, bites, broken bones or teeth, or


improper weight are just some of the clues that
are often present but all too often go
unreported and eventually result in a child's
death.

Perhaps you remember hearing about some of


the cases listed above. Perhaps not.
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One “famous” case of abuse that stayed in the headlines for weeks is still memorable
to many people. The January 2006 case of Nixmary Brown, age 7, was on the cover of
newspapers nationwide and on television in New York every day for weeks.

Police sources said that she had been sexually abused, starved, beaten and often bound
to furniture. When she was found she weighed just 36 pounds (more like the weight of a
4 -year-old).

Something that is not often covered in the news, however, is that as a result of all the
publicity surrounding the Nixmary Brown case there was a 77 percent increase in the
number of abuse cases reported by teachers, doctors, civilians and police officers! Why
is this important?

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Because it shows that when people were informed about the signs and symptoms of
abuse (by reading the paper and watching the news), they were able to recognize
abuse and report it.

By taking this course and reading this important information, you too will be able
to recognize the signs of abuse and neglect, report it, and save lives.

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