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.