Transcript Child Abuse Investigations of Public School Employees

USEP
United School
Employees of Pasco
Child Abuse
Investigations of
Public School
Employees
History
 Prior to 1993, child abuse investigations of
public school employees were handled by
many different agencies depending on the
circumstances. For example:
 Health and Rehabilitative Services (HRS), now
call the Department of Children and Families
(DCF), and
 Local law enforcement
 The local school board
 The Florida Department of Professional Practices
Services, and
 Parents could sue
Up to five (5) distinct
investigations could result
from one (1) allegation.
False Allegations Were
Rampant
 Because allegations could be made
anonymously, false allegations were
commonplace against school
employees.
 Older children could “game” the system.
 Misuse and incredible abuses had
occurred regularly.
The Florida Legislature Acted!
 The Florida Education Association was
able to get the legislature to act on the
child abuse allegation issue.
 In 1993, the HRS was removed from
abuse allegations of public school
employees that involved students.
 Only law enforcement agencies involved in
these investigations were required to
investigate abuse allegations.
Recently, there have been a
few reported cases where an
employee failed to report that
a co-worker was abusing a
student.
Public School Employees are
Mandatory Reporters
 However, the 1993 law had unintended
consequences and a loophole was
created.
 Public school employees were not required
to report suspected child abuse by other
public school employees.
Reporter has Confidentiality
 Florida Statutes 39.201(1) and 39.202(5)
provide specific guidelines regarding
confidentiality of persons who report
allegations of abuse.
 The clear intent of the law is to provide
adequate and necessary safeguards so
reporters feel comfortable knowing their
identities are protected, so much so, that
disclosure of confidential information,
including the reporter’s identity, is punishable
as a second degree misdemeanor.
The 2006 Florida Legislature
fix
 HB 7173 was passed and signed into
law.
 This law requires public school employees
to report suspected child abuse by coworkers.
Unintended Consequences
 The loophole of not requiring public
school employees to report and be held
criminally responsible for not reporting
allegations of abuse to authorities was
closed.
 However, due to this new law, the door
was opened to DCF being included in
investigating abuse allegations.
Know your Rights!
 If you are called into a meeting with law
enforcement and/or DCF, what should
you do?
What does this mean to the
public school employee?
Do the following
ASK:
 What is the purpose of this meeting?
 What are the possible consequences of
the meeting?
STATE:
 “I am willing to cooperate with the
investigation; however, I am requesting
that the investigation be rescheduled at a
time when I can have a representative of
my choice present.”
Do Not:
 Do not sign or agree to anything.
Remain Silent:
 Any statements can be used against you.
Call:
 Call USEP for assistance.
USEP
United School
Employees of Pasco