Reporting Requirements As professionals, teachers have been trained to observe the growth and development along with behavior that can interfere with a child’s academic progress. Under NJ law, any person having reasonable cause to believe that a child has been subjected to child abuse or acts of child abuse shall report the same immediately to the Division of Child Protection and Permanency (DCP&P). NJSA 9:6- 8:10 Such reports shall contain the names and address of the child and his/her parent or guardian along with the child’s age, the nature and possible extent of the child’s injuries, abuse, or maltreatment. Reports may be made anonymously. The Law Grants You Immunity. Educators are protected by law from any personal liability in reporting cases of possible child abuse. New Jersey law says: Anyone acting pursuant to this Act in making a report under this Act shall have immunity from any liability, civil or criminal, that might otherwise be occurred or imposed. Any such person shall have the same immunity with respect to testimony given in any judicial proceeding resulting from such report. A person who reports or causes to report in good faith an allegation of child abuse or neglect pursuant to section 3 of P.L.1971, c. 437 (C. 9:6-8.10) and as a result thereof is discharged from employment or in any manner discriminated against with respect to compensation, hire, tenure or terms, conditions or privileges of employment, may file a cause of action for appropriate relief 80 – AR Handbook in the family part of the Chancery Division of the Superior Court in the county in which the discharge or alleged discrimination occurred or in the county of the person’s primary residence. If the court finds that the person was discharged or discriminated against as a result of the person’s reporting an allegation of child abuse or neglect, the court may grant reinstatement of employment with back pay or other legal or equitable relief. NJSA 9:6-8.13 To assist in early detection of child abuse, the N.J. Legislature passed legislation in Dec. 1987 which requires all school districts to adopt local policies to provide for early detection of abused children including notification procedures. The regulations require local districts to adopt policies that direct teachers and school employees to immediately report incidents of child abuse to offices of the State Division of Child Protection and Permanency (DCP&P). After notifying DCP&P, employees must also inform their principal of such reports, unless notifying the principal would likely result in retaliation against the child involved or the employee making the report. In addition, districts must: • ensure that no employee is dismissed or otherwise penalized for making a “good faith” report of possible child abuse.; • permit DYFS investigators to interview children in the presence of the school principal, his or her representative or a staff member named by the child in order to provide comfort and support to the child (school employees may refuse to attend these interviews).; • allow children involved in investigations of abuse to be released from school or transferred between schools, if such actions are necessary to protect the child.; • cooperate with DYFS when necessary to remove a child from his or her home.; • maintain and secure all confidential information about child abuse.; • cooperate with DYFS in scheduling interviews with any employee who may have information relevant to an investigation.; • provide DYFS with all records relevant to the assessment and treatment of child abuse cases; • appoint a liaison to DYFS.; • provide for the delivery of information and inservice training for school employees concerning child abuse and instructional techniques regarding such abuse.; • provide due process rights to school employees who are reassigned or suspended for alleged child abuse. Report child abuse to your county DCP&P Office – or call (800) 792-8610. NJEA continues to support efforts to prevent the victimization of children. However, it is greatly concerned about the protection of innocent school employees who are falsely accused of child abuse. Such allegations result in the loss of one’s reputation and often the end of one’s career.
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