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DSS: Making An Effective Educational Neglect Report

What is Educational Neglect?

The Definition of Neglect According to Section 1012 (f) of the Family Court Act:

A child less than 18 years of age

(i) whose physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of his parent or other person legally responsible for his care to exercise a minimum degree of care

(A) in supplying the child with adequate food, clothing, shelter or education in accordance with the provisions of part one of article sixty-five of the education law, or medical, dental, optometrical or surgical care, though financially able to do so or offered financial or other reasonable means to do so; (emphasis added)

(g) Persons legally responsible includes the child’s custodian, guardian or any person responsible for the child’s care at the relevant time. Custodian may include any person continually or at regular intervals found in the same household as the child when the conduct of such person causes or contributes to the abuse or neglect of the child.

Part One of Article 65 of the New York State Education Law, Section 3205 (1)(c)

A child must attend full time school instruction in September if he/she turns six years old on or before the first day of December of that school year. (The school year begins on July 1^st and runs through June 30^th)

A child must attend full time school instruction until the last day of session in the school year which the minor becomes 16 years of age. New York State Education Law, Section 3205 (3), provides that the board of education in a school district may require minors from 16 to 17 years of age, who are not employed , to attend full time day instruction until the last day of the session in the school year in which the student becomes 17 years old.

What is the role of a Mandated Reporter?

According to Social Services Law Title 6 section 413, a Mandated Reporter is required to make a report when they have reasonable cause to suspect that a child coming before them in their professional or official capacity is an abused or maltreated child, or when they have reasonable cause to suspect that a child is an abused or maltreated child where the parent, guardian, custodian or other person legally responsible for such child comes before them in their professional or official capacity and states from personal knowledge facts, conditions or circumstances which, if correct, would render the child an abused or maltreated child.

THREE ELEMENTS NECESSARY FOR ACCEPTANCE OF A REPORT OF EDUCATIONAL NEGLECT BASED UPON ABSENTEEISM

Excessive absence from school by the child. Confirmation that the absences are unexcused is an issue for the CPS Investigation and a decision on this issue is not required at the point of making a report. However, any information the school has as to whether the absences are excused or unexcused should be provided to the SCR
Reasonable cause to suspect that parent is aware or should have been aware of the excessive absenteeism and that the parent has contributed to the problem or is failing to take steps to effectively address the problem (in other words, failure to provide a minimum degree of care)
Reasonable cause to suspect educational impairment or harm to the child or imminent danger of such impairment or harm

IDENTIFYING IMPACT

Failing: a course, grading period, semester, school year, to acquire basic skills commensurate with the grade level
An inability to make up past work that is essential to passing the course or being promoted to the next level
Receiving a grade that reflects a significant decrease in performance from one marking period to the next
Not meeting goals identified in the child’s Individualized Education Program (IEP)
Cutting: Is the child’s homework being completed. Something has to tie the behavior to the parents

IDENTIFYING THE VULNERABILITY OF THE CHILD IN RELATION TO THE POTENTIAL HARM

Is this a child with special needs for whom excessive unexcused absences may place the child in potential harm?
Is the child of an age whereby the educational foundation necessary for the child to progress in school is jeopardized by the unexcused absenteeism
Does the child have past experience of juvenile delinquent behavior that has occurred during the time of unexcused absenteeism

IDENTIFYING THE ROLE OF THE PARENT

Has the parent provided the school with notes identifying the reason for all absences

IDENTIFY THE SCHOOL’S EFFORTS TO APPRISE THE PARENT OF ABSENTEEISM

What documentation does the school have that they’ve attempted or made contact with the parent/caretaker?

Documentation is extremely important in not only getting the report accepted by the SCR but also to assist CPS in making the determination.

Document child’s educational progress
Efforts made to contact the parent and advise of absenteeism
Efforts made to engage the parent in addressing the issue

Make the records available to CPS According to SSL Title 6 - 415

POINTERS FROM AN SCR CASEWORKER –

School has to make every attempt to make adult responsible aware of absences.
Exhaust attempts – telephone calls, certified letters
Child should be at risk of failing or demonstrated reduction in grades consistent with attendance
Report can be taken if child is receiving special services, counseling, speech etc. or has acting out behavior
Child must complete the year that they turned 16
Child must be 6 years or older during the school year
If child is cutting – look at homework is that being done. Something has to tie the behavior to the parents
As long as parent is cooperating – no report can be taken
History matters - combined with new absences
Notes from parents don’t make absences excused – request medical documentation

IMPORTANT TELEPHONE NUMBERS

New York State Central Registry (Scr-Child Abuse Hotline)

For Mandated Reporters: 1-800-635-1522

(All reports have to be made to the SCR)

Office Of Child Protective Services

Terri Richardson, Child Welfare Manager

914-995-5333

Yonkers District Office

Kerron Norman, Director of Child Welfare

914-231-2028

Gary Winn, Manager II

914-231-2158

Mt. Vernon District Office

Anthony Christie, Director of Child Welfare

914-813-6046

Nancy Holmes, Child Welfare Manager

914-813-6139

White Plains District Office

Charlie Little, Manager II

914-995-5874 (all CPS related inquiries)

Peekskill District Office

Vincent Agnano, Manager II

914-862-5093 (all CPS related inquiries)

White Plains & Peekskill District Office

Linda Sala, Director of Child Welfare

914-995-5027 (all other business – non CPS)

Training Academy

Phil Goldstein, Director of Staff Development

914-995-9307

Patricia Quattrocchi, Child Welfare Manager

914-995-9306

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