Child Protective Investigations June 11 and 12, 2015 Pasco County Schools Employee Relations.

Child Protective Investigations

June 11 and 12, 2015

Pasco County Schools

Employee Relations

Training Purpose

This training will provide an understanding of the child abuse

investigative process involving district employees or schools as the

subject of the alleged abuse. This will include the procedures, roles, and

final action of Child Protection, Law Enforcement, and Employee

Relations.

Institutional Investigations:

For the 2014-2015 school year, Employee Relations

received/investigated 97 Child Protection Investigations.

Employee Relations is aware of 12 reports to the child abuse hotline being screened out and not accepted for a formal investigation.

Resolutions of investigations completed:

49 resulted in no action taken regarding CPI, Law Enforcement, or Employee Relations

22 resulted in informal discipline

14 resulted in formal discipline

7 resulted in resignations or probationary releases

Employee Relations Statistics

Definitions

Institutional Child abuse or neglect:

Situation of known or suspected child abuse or neglect in which the person allegedly perpetrating the child abuse or neglect is an employee of a private school, public or private day care center, residential home, institution, facility, or agency or any person at such institution responsible for the child’s care.

Child Abuse:

• Intentional infliction of physical or mental injury upon a child;

• An intentional act that could reasonably be expected to result in physical or mental injury to a child;

• Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or mental injury to a child.

Child Neglect:

• A caregiver’s failure or omission to provide a child with the care, supervision, and services necessary to maintain the child’s physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the child; or

• A caregiver’s failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another person.

Definitions Cont.

What To Do When allegations are Brought To Your Attention….

Contact Employee Relations Gather Essential Information

• School staff should use discretion, if speaking with the student. It should be done in a comforting manner ensuring no leading or probing questions are asked. Remember, this is just gathering information to call the abuse hotline, not an investigation.

• Questions should be limited to those that enable the person to call the abuse hotline with a description and explanation of suspected abuse/neglect.

• Students should not be asked to repeat their experiences to other school personnel prior to or after an investigation.

• Person with the most first-hand information should call the abuse hotline.

• Take photographs of any injuries or marks on students

• Request the child (victim, or other person making the allegation) to provide a written description of the incident (s).

Be Prepared……..Reporters contacting the Hotline should expect to be asked for the following

information:• Demographic information of the persons involved in the situation being reported. This includes

the names, ages, dates of birth (if known), race, gender, social security number (if known).• A means to locate the subjects of the report. Some common means to locate may include,

but not be limited to:

Home Address, Phone number

School Name, Address, and Phone Number

Parents/Caregivers Work Location, Address, Phone Number• Specifics of the incident being reported. Common Questions:

What happened to the victim? When did the incident occur?

Who caused the harm? Were there any witnesses?

What were the affects to the victim? Student behaviors/disabilities?

Any known history, frequency, etc. of the same or similar incidents.

Hotline counselors accept reports on the basis of specific criteria from Chapter 39 and 415 of the Florida Statutes. The decision to accept the call is based only on information provided during the call.

Hotline DecisionsIf an investigation is not accepted by the abuse hotline:

• Notify Employee Relations• Employee Relations and administration will discuss the

investigative process to be completed with students, witnesses, and employees (School level investigation or involve ER)

• Discipline or documentation can still result for employee(s).

If an investigation is accepted by the abuse hotline:

• Notify Employee Relations• Administration will take no further investigative actions pending CPI

investigation • Employee Relations and Administration will wait to be contacted by

Child Protection• Administration will not notify employee of the investigation• Employee Relations will advise Administration on talking points with

the student’s caregiver about the allegation

Investigative Process • Child Protection will notify Law Enforcement and Employee

Relations for a joint response to complete independent, yet parallel investigations when possible.

• Employee Relations will notify Administration of the investigation and anticipated response to the district facilities when permitted by CPI.

• CPI is required to make face to face contact with the student victim within 24 hours of receipt of the investigation. Contact with the student may occur at the student’s residence or at the school.

• CPI, Law Enforcement, and Employee Relations may complete interviews with the student victim, witnesses (both students and employees), and the employee of alleged allegations.

Agency RolesChild Protection: Assesses and ensures all students are safe

from abuse or neglect

Law Enforcement: Takes the lead investigative role for all criminal fact-finding and evidence gathering to determine if a crime has occurred

Employee Relations: Reviews and ensures employee actions comply with School Board Policy and Procedures, The Code of Ethics and the Principles of Professional Conduct of the Education Profession, and best practice

Assisting in InvestigationsHow can I assist in the Investigation?

• Provide a space for the investigation to be completed• Arrange for coverage of staff to be interviewed• Allow CPI, LE, and ER access to students for interviews• Assist in coordinating with a USEP building representative to be present

when or if requested• Offer ER any previous documentation of the employee in question that is

in the employee’s site based file

• Be available to place an employee on Administrative Leave if necessary

Will Administration be permitted to be present during the Investigation?

• This decision is up to CPI and Law Enforcement and will be determined on a case by case basis. Remember any witness to interviews may be

subject to testifying in future legal proceedings.

Employee OptionsInvestigations can be a threatening situation for employees and they may ask you for your advice. Explain to the employee that you cannot give legal advice; however, they have some options:

a) The employee may discuss the allegations with CPI/LE/ER and, at any time during the interview, ask that the interview be delayed until he/she can request representation.

b) If the employee is a union member, he/she may wish to contact a union representative. However, the CPI or law enforcement may or may not permit the union official to be present during the investigation.

c) The employee may choose not to discuss the allegations with CPI at all, but should be mindful that CPI and law enforcement will continue their investigations without their account of the alleged incident.

***Any union or school official that is given permission by the CPI and law enforcement to be present during the interview should not take notes, interfere, or interject during the interview.

Outcomes: By AgencyChild Protection Investigation• CPI has three levels of findings regarding the specific

allegations/maltreatments:

1- No Indicators: There is no evidence to support the allegations of abuse or neglect

2- Not Substantiated: There is some indication the allegations occurred but does not rise to the level of verified abuse or neglect.

3- Verified: The evidence confirmed the allegations occurred, and there was an adverse effect and/or injury to the child.

• CPI may also make a recommendation to Employee Relations to address any issues or concerns for child safety.

• CPI has 60 days to completely close their investigations.

Law Enforcement:• Initial report can be closed as unfounded after the

commencement of the investigation • Initial report can be referred to a detective for additional follow-up• The detective can close follow up investigation as unfounded• The detective can refer identified criminal charges to the State

Attorney’s Office for possible prosecution• The initial law enforcement officer or detective can make an

arrest based on the evidence gathered at any time during the investigation.

Employee Relations:

• Employee Relations will continue to work with, and be a liaison between, Child Protection and Law Enforcement

• Reviews any employee misconduct and coordinates with the employee’s administration and/or Superintendent for any necessary discipline action or documentation

• Communicates with Child Protection for any recommendations as a result of their investigation.

• Notifies Professional Practices if warranted

Outcomes Cont.

What Effects Does This Have On The Accused Employee?

Child Protection: These investigative reports are confidential and not accessible by the

general public. Per F.S. Ch. 39.302(7) When an investigation of institutional abuse is

closed and a person is not identified as a caregiver responsible for the allegations alleged in the report, the fact that the person is named in some capacity in the report may not be used in any way to adversely affect the interests of that person. This prohibition applies to any use of information in employee screening, licensing, child placement, adoption, or any other decision by a private adoption agency or state agency or contracted providers.

Law Enforcement: The employee will be listed as a subject and possibly suspect in law

enforcement’s reports. These reports are subject to public disclosure

Employee Relations: Investigative notes and reports are subject to public disclosure along with

any discipline and/or documentation with the exception of some juvenile demographics.

Call to Abuse Hotline

Call Accepted

CPI, LE, and ER Investigation

Law Enforceme

ntDetermine if a crime has

occurred

Employee RelationsEvaluate and take

action on any employ

ee miscond

uct

Assess for child

safety and determine findings

Investigation Summary

What to say to ParentsUpon learning of allegations

During an open investigation

Outcome of an investigation-You are not required to provide the parent with information as to what action you have taken with the employee.

Escalation Process

Any disputes which arise between the Pasco School Board and Pasco Sheriff’s Office- CPI will be resolved by the following:

1- District/School Location- The CPI will provide the school location Principal, Assistant Principal, Employee Relations Supervisor, or designee with the CPI’s immediate supervisor. If the CPI supervisor is unavailable, the CPI Manager may be contacted. The school board designee and CPI supervisor will communicate to resolve and disputes.

2- In any event the dispute is not resolved in the manner identified above, the Employee Relations Director may contact the Sheriff’s Office CPI Director or Assistant Director for additional communication to jointly resolve any disputes unable to be resolved at the school level.

Resources for Schools when Staff Issues Arise

It is important to address the emotional impact on the alleged employee, the impact on the staff at large, the need to address rumors, and the reintegration process for staff members returning after being placed on leave. For additional support in addressing these broader issues, please consider contacting the EAP Clinical Coordinator for assistance as needed.

If you feel that you or your employees need assistance with these or any other issues, please call or refer them to the Employee Assistance Program:

School or District Work Location ext. 4-2366 or (813) 794-2366 | (352) 524-2366 | (727) 774-2366

Or

http://www.pasco.k12.fl.us/ebarm/eap/

Contacts

Pasco Sheriff’s Office

Law Enforcement: 727-847-5878

Child Protection: 727-836-8400

Employee Relations727-774-2322

Administration Supporting Their Employees

Saybra R. Chapman, LMHCClinical Coordinator

Employee Assistance ProgramsPasco County Schools

Activated Crisis Team

CHILD PROTECTIVE INVESTIGATIONS

• Procedural Considerations• Emotional/Relational

Considerations

Set The Stage:The Importance of “Orientation”

Procedural Considerations

• Orientation / “Beginning of Year” meetings

• Consider new hires (after opening week).

• Non-instructional Staff

• Child Protective Services

• Law Enforcement

• The School System (Employee Relations)

• Professional Practices

Delineate the Agencies

Procedural Considerations

Set the Stage: The importance of orientation

Procedural Considerations

Helpful if you cover

• What to expect if there is a report

• What the employee can expect from

o Employee Relations

o School Administration

and

• What you expect from other staff members

Informing students/parents/staffWith Input from Employee Relations

• When to say something; when to say nothing

• When the employee is placed on leave• When the employee returns

Procedural Considerations

“

• “Remember the process we discussed.”

• “I need to report allegations; whether or not I think something happened is not a factor.”

• “I know this is__________ (frustrating/scary/difficult), but we just have to let the process happen.”

Get your “language” ready, i.e.….

Procedural/Relational Considerations

Get your “language” ready, i.e.….

Procedural/Relational Considerations

• Listen• Be supportive

Will look different with each situation• You don’t have to have an answer to every

comment• Don’t talk too much; use a “broken record.”

What Effects Does This Have On The Accused Employee?

Emotional/Relational Considerations

Hurt, betrayal, fear, indignation, embarrassment, denial

Affected by • What happened• Their identity as a caring, effective employee• Linkage with past traumatic or emotional events• Behavior of colleagues• Fear of the unknown – publicity, loss of reputation,

loss of livelihood

Emotional/Relational Considerations

• They may want to tell their story.• Answer any questions about their leave.• Check on their well-being. • Ask if they have support when they leave.• If appropriate, ask the tough questions.• Ask what they’ll do when they leave.• Encourage self-care, being with their

support system.

Emotional/Relational ConsiderationsEmployee Assistance Program

• Give them information re accessing support.

• If appropriate, either

o Ask them if they’ll take a call from me, or

o Tell them you’re going to ask me to touch

base with them. Assure them it’s

confidential.