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Mandated Reporter

Training
Reference:

Minnesota Statute 626.556


Reporting of Maltreatment
of Minors Act

Who is a Mandated Reporter in a School


District?
n

A Professional or professionals
delegate who is engaged in
education.
Virtually all school employees are
mandated reporters.
You are a mandated reporter.

What is the Threshold for Making the


Decision to Report?
n

You must make a report if you know


or have REASON TO BELIEVE that a
child is being neglected or physically
or sexually abused, or has been
abused or neglected within the
preceding three years.
You do not need to know for sure;
the investigation is the responsibility
of law enforcement and social
services.

What is Sexual Abuse?


Criminal Sexual Conduct
(1st-4th Degree)
n Child Prostitution
n Threatened Sexual Abuse
n

What is Physical Abuse?


Non-accidental physical, mental or threatened
injury inflicted by a person responsible for the
childs care, including but not limited to:
n

n
n
n

Throwing, kicking, burning, biting or cutting


a child.
Striking a child with a closed fist.
Shaking a child under age three.
Any action resulting in a non-accidental
injury to a child under 18 months.
Unreasonable interference with a childs
breathing.

What is Physical Abuse? [continued]


n
n

Threatening a child with a weapon.


Striking a child under age one on the face or
head.
Purposely giving a child poison, alcohol, or
dangerous, harmful or controlled substances
which were not prescribed for the child.
Unreasonable physical confinement or
restraint including tying, caging or chaining.
Corporal punishment (hitting, spanking or
unreasonable physical force) by a school
staff member.

Physical Abuse Does NOT Include:


n

Reasonable and moderate physical


discipline by a parent or legal
guardian which does not result in an
injury.
Reasonable force by a school staff
member to correct or restrain
student or prevent bodily harm or
death to another.

What is Neglect?
Failure by a person responsible for a childs
care to:
n

Provide necessary food, shelter, clothing,


medical care, supervision/child care or
other necessary care. NOTE: this does
not include a parents refusal to provide
sympathomimetic medications.
Ensure that the child is educated as
required by law.

Neglect also includes:


n
n

n
n

Prenatal exposure to controlled


substances.
Chronic and severe use of alcohol or a
controlled substance by a parent or person
responsible for the care of the child.
Failure to protect from seriously
endangering conditions or actions.
Emotional harm from a pattern of behavior
which contributes to impaired emotional
functioning of the child.

How is a Report Made?


State law requires that anyone having
first hand knowledge of abuse or neglect
must verbally report the concerns to law
enforcement or social services within 24
hours followed by a written report
within 72 hours. If you have questions
about how to do this, contact a school
administrator. They can help.

How is a Report Made?


Remember: Just telling
someone else does not
relinquish your responsibility to
report.

How is a Report Made?


n

When making a verbal report,


you should telephone the local
services agency or law
enforcement agency and tell
them you have a Child
Protection Report to make.

How is a Report Made?


n

Have as much of the following information


as possible when making the report: the
childs name, birth date, and address; the
parents names and addresses; the identity
of alleged offender; and a description of the
suspected abuse or neglect.
A copy of a form for a mandated report can
be found in the Districts policy book and on
the District Internet site as 506.4P.
Remember: All verbal reports must be
followed up by a written report within 72
hours.

Contact Information
n

Dakota County Intake


952-891-7459

Law Enforcement Center (Non-Emergency


Number)
Apple Valley Police (952-953-2700)
Burnsville (952-890-2460)
Eagan (651-681-4700)
Lakeville (952-985-4800)
Rosemount (952-423-4491)

NOTE: As in any other EMERGENCY situation, 911


should be called if someone is in immediate danger.

What will happen if a staff member


fails to make a mandated report?
Anyone working with children, including
teachers and support staff, have a legal
responsibility to report suspected abuse
or neglect. Therefore, charges can be
filed against an individual who is a
mandated reporter, has knowledge of
abuse or neglect, and does not report it.

What if the Reporter is Wrong?


n

Minnesota statutes protect all


mandated reporters from any civil or
criminal liability for reports
submitted in good faith.
Employers are prohibited from
retaliating against employee
reporters.

Will the Identity of the Reporter be


Kept Confidential?
The name of the reporter is
confidential and can be released
only by court order. Some cases
may be referred to court and a
mandated reporter may be
subpoenaed to testify.

Will Reporters Find Out the Action


Taken as a Result of a Report?
YES. Any person mandated to report
shall receive a summary of the disposition
of the report, including whether there was
enough information to proceed with an
investigation, the determination of the
investigation, and the services which were
offered to the family. The release of this
information can be denied if it might be
detrimental to the childs welfare.

What Happens if the Alleged Perpetrator is a School


Employee and the Abuse/Neglect Occurred in School?
n

Employees are mandated by law to


report a coworkers abuse or neglect
of a student.
If the alleged perpetrator is a school
employee, the report of
maltreatment must be made to the
Minnesota Department of Education
(MDE).

Minnesota Department of Education


(MDE) Contact Information
24-Hour Reporting Hotline
651-582-8546
n

FAX: 651-634-2277

What are the Potential Consequences


to the Employee Perpetrator?
There is a wide range of consequences including:
n
n
n

n
n

Case screened out by MDE/law enforcement/social


services.
Investigation followed by exoneration.
Investigation followed by employee consequences
(training, counseling, warning, written reprimand,
suspension, demotion or termination).
Investigation followed by MDE corrective action.
Investigation followed by action on license
(conditions, suspension, termination).
Investigation followed by criminal charges.

What Should Accused Employees


Understand About the Investigative Process?
n

The School District is obligated to investigate


allegations of misconduct (including child
maltreatment) by school staff members even
when the allegations may be unfounded.
Other agencies (MDE, social services, law
enforcement) may also investigate.
An investigation into an employees conduct does
not mean the employee is guilty. Employees are
often exonerated.
The School District will take precautions to
protect the confidentiality of the investigation.

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