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PROCEDURE FOR HANDLING ALLEGED INCIDENTS
OF INSTITUTIONAL CHILD ABUSE AND NEGLECT
It is the policy of Brockton Day Nursery (BDN)
that no child should be subject to abuse and/or neglect. The
following procedures for reporting and handling instances of
suspected institutional child abuse and/or neglect include, but are
not restricted to, any violation of the Department of Early
Education and Care (DEEC) requirements for discipline.
Substantiated child abuse or neglect by an employee of BDN shall
constitute just cause for immediate discharge. If any employee of
BDN has reason to believe that a child is suffering from or has
suffered from institutional abuse or neglect, he/she shall make an
immediate report to the Executive Director. If the employee
believes that the Executive Director was responsible for the act of
abuse or neglect, the employee shall make an immediate report to the
Board of Directors. (A list of the members of the Board of
Directors shall be available in the business office.) The
Executive Director, (or the chairperson of the Board of Directors),
will immediately notify the Department of Social Services (DSS) and
the Department of Early Education and Care (DEEC) of the incident of
suspected child abuse or neglect.
An investigation of the alleged incident will be
initiated by the employee’s immediate Supervisor within one working
day. If the Supervisor believes that there is a possible basis for
the allegation, the Supervisor will inform the Executive Director
(or Board Chairperson) who will review and further investigate the
allegation to determine whether the employee has committed an
offense. If it is determined that the employee has abused or
neglected a child, the employee will be subjected to discipline,
including possible discharge.
If charges are substantiated, the immediate
Supervisor will prepare a written report which indicates the charge
or incident, the party reporting the incident, and a summary of the
investigation. Copies of this report shall be furnished to the
employee and to the Union, if applicable.
The employee will be informed of her/his rights to
respond in writing to the charges and/or to request a meeting with
BDN. If the employee elects to respond in writing, the response
must be submitted to the Executive Director no later than two (2)
working days after receipt of the Supervisor’s report. If the
employee requests a meeting, the request shall be submitted in
writing to the Executive Director within two (2) working days.
In the event the employee requests a meeting, the
following procedures will be in effect:
| a. |
The Executive Director will schedule a meeting at a mutually
convenient time for all parties within three (3) working days
of the request. |
| b. |
The employee shall have the right to be represented, to have
the shop steward present, if applicable. |
| c. |
The employee will have the right to question the charging
parties. |
| d. |
The employee will have the right to make statements on her/his
own behalf and present any information relevant to the
allegation of abuse or neglect. |
| e. |
A tape recording of the proceeding shall be made and furnished
to the employee at the expense of the employee. |
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The Executive Director will make a written decision as to the
allegations and, if substantiated, any discipline applicable
within five (5) working days of the meeting. |
If the employee wishes to grieve the decision, the
provisions of Grievance Procedure shall apply.
The Executive Director will notify the Program
Manager of the area office of the Department of Social Services by
telephone and in writing at the time that specific charges are being
investigated by a committee. If the initial investigation supports
the charges, a 51A (official form of charges of suspected child
abuse or neglect) will be filed by the immediate Supervisor
The Executive Director will notify DEEC by telephone
and in writing immediately after the filing of the 51-A report.
BDN employees will cooperate fully and provide
whatever assistance is necessary during the DSS or DEEC
investigation.
The
employee being investigated will not work directly with children
until the DSS
or DEEC investigation is completed and for such further
time as DEEC requires. At any time during a period of
investigation by BDN, the employee being investigated may be placed
on an unpaid leave of absence at the discretion of the Executive
Director (or the Board of Directors if the Executive Director is
being investigated). No employee shall be subject to disciplinary
action for the good faith submission of a report of suspected child
abuse or neglect.
POLICY AND PROCEDURES FOR FILING A 51-A REPORT
All administrators
and employees of day care centers are considered mandated reporters
by the state of Massachusetts. As a mandated reporter, you must
file a report with the Department of Social Services if you have
reasonable cause to believe that a child is suffering from neglect
or abuse. (“Reasonable cause” means that a person with similar
training and experience would also suspect abuse/neglect--the
“reasonable person” standard commonly used in law.) If a mandated
reporter fails to report an instance of abuse and / or neglect,
punishment can occur by a fine of up to $1,000.00 and/or a civil
liability suit.
The staff at Brockton Day Nursery will follow the
procedures outlined below if there is a concern regarding possible
abuse and or neglect:
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1. |
The staff member noting the particular concern should
immediately notify the Support Service Coordinator (if it is a
Supportive contract child), or the Education Coordinator if it
is a non-Supportive child. |
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2. |
The supervisor will then, if possible, contact the parent or
guardian to ask for specifics regarding the situation. If the
child possesses verbal skills, he/she may be interviewed. |
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3. |
The supervisor, with input from the reporting staff member,
will then decide whether or not to file a 51-A report. |
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4. |
If a report is to be filed, the supervisor is to notify the
parent/guardian verbally, or in writing if verbal contact is
not possible. |
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5. |
The reporting staff person will be verbally notified of the
decision. |
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6. |
If the child involved is a Supportive contract enrollee, the
on-going DSS social worker (or his/her supervisor) will be
notified of the proceedings. |
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When filing a report of abuse/neglect, the following
information is helpful. |
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1. |
Between the hours of 9am and 5pm, call the area DSS intake
office. For Brockton, the number is (508) 894-3700. |
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2. |
If the suspected abuse or neglect notification occurs outside
of the hours noted above, the 24 hour hotline number is to be
called-- 1-800-792-5200 |
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3. |
When telephoning, have prepared as much information as
possible, such as: |
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A. |
The names of all individuals residing in the household, dates
of birth or estimated ages, telephone number and address, and
primary language spoken. |
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B. |
Your name, address, telephone number, and relationship to the
child. (Note: Non-mandated reporters can remain anonymous.
Mandated reporters are to supply this information, however it
is confidential information and is not given to the caretaker
of the child) |
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C. |
The full nature of the suspected abuse or neglect and any past
history of such issues. |
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D. |
The circumstances of how you became aware of the situation |
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Within 48 hours of the verbal filing of the 51-A, it will be
the responsibility of the Executive Director, or designated
administrator, to complete and submit an original written
report to DSS. A copy of this report is to be maintained in
the child’s main file.
A mandated reporter does have the right to know the results of
the investigation (if the 51-A is screened in and
investigated) and the Department of Social Services will
forward a letter containing this information. This statement
is also to be maintained in the child’s main file. If DSS
fails to notify, contact and follow-up may be completed by the
Executive Director or designee. |
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