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How the Course Works

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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.

The list of professionals who require this training has


since been expanded to include the following additional
titles:

• LPN
• Registered physician assistant

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• Surgeon
• Medical examiner
• Coroner
• Osteopath
• Resident
• Intern
• Psychologist

• Social worker
• Emergency medical technician
• Licensed creative arts therapist
• Licensed marriage and family therapist
• Licensed mental health counselor

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• Licensed psychoanalyst
• Hospital personnel engaged in admission, examination, care, or treatment
• Christian Science practitioner

<EXTENSIVE LIST & GROWING>

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

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

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.

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

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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
InAugustof2005,inresponsetoanincreased
numberofinjuriesandabusereports, NewYork
Statepenallawwasamendedtomakethe
punishmentsformethamphetaminepossession
andproductionmuchmoreserious.

Pursuanttosection19.27ofthementalhygiene
law,employersmustnowprovideinformationto
theiremployeesonrecognizingthesignsof
unlawfulmethamphetaminelaboratories.

Mandatedchildabusereportersthatengagein
homevisitsarenowrequiredtoreportsuspected
existenceofmethamphetaminelaboratories.

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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.

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.

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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).

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.

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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.

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.

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

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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

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TheProtectionofPeoplewithSpecialNeeds
Act(Act)requirespersonswhoareMandated
ReportersunderthatActtoreportAbuse,
NeglectandSignificantIncidentsinvolving
vulnerablepersonstotheVulnerablePersons’
CentralRegister(VPCR)operatedbytheNYS
JusticeCenterfortheProtectionofPeoplewith
SpecialNeeds.Moreinformationisavailableat
https://www.justicecenter.ny.gov/reportin

incident 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
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care providers and staff. Day care providers and staff are mandated reporters to the SCR, but not to
the VPCR.
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/

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

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 communitybased
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

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

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

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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

2. Objectives
vi. Recognize how you may better connect
individuals and families with services

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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

3. Background
a. Social Services Law requires:

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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 wellbeing 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 2-11,
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.

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

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*** 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…
March 2006 - 11 children taken from couple .

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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.

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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!

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.

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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.

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.

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Perhaps you remember hearing about some of the cases listed above. Perhaps not.

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?

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.

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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.

This concludes this chapter. If you have spent the minimum time on this
chapter, a or button will be visible in the top right corner.

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