SCAN, Employee Incident & Critical Incident Reporting

1. SCAN, Employee Incident & Critical Incident Reporting July 19, 2013 Michelle Begay, LMSW, Program Specialist Bureau of Indian Education (BIE)

2. Overview Part I: Definitions Part II: Legal Authorities (PL 101-630 & PL 101-647) Part III: Protection of Child Part IV: Confidentiality Part V: Failure to Report Part VI: TrainingRequirements Part VII: Required Documents Part VIII: SCAN Reporting Protocol Part IX:EIR Reporting Protocol Part X: Other Reports

3. Part I: Definitions • Mandated Reporter: one who has first contact with a child regarding an allegation; one who has first-hand knowledge (includes employees, volunteers, contractors, consultants, etc.). • SCAN: Suspected Child Abuse/Neglect • EIR: Employee Incident Report • CIR: Critical Incident Report • LE: Local Law Enforcement • CPS: LocalChild Protective Services • AIT: Administrative Inquiry Team (SCAN cases only) • PAC: Parent Action Committee

4. P.L. 101-630, Indian Child Protection and Family Violence Prevention Act, as amended …any person identified as a Mandated Reporter who knows or has a reasonable suspicion that a child has been abused in Indian country, must report the information to the local protective services agency or local law enforcement agency. Further, if the Mandated Reporter knows or has a reasonable suspicion that actions are being taken, or are going to be taken, that would reasonably be expected to result in the abuse of a child in Indian Country he/she must report the information to the local protective services.

5. P. L. 101-647 Crime Control Act of 1990 • Any person who, while in a professional capacity or activity, on Federal land or in a Federally-operated (or contracted) facility, learns of facts that give reason to suspect that a child has suffered an incident of child abuse shall, as soon as possible, make a report of the suspected abuse to the agency designated to receive the report. • Any person who, while in a professional capacity or activity : • Learns of facts that give reason to suspect that a child has suffered an incident of child abuse; • Knows of or has a reasonable suspicion that a child was abused; OR • Knows that actions are being taken, OR will be taken that would reasonably be expected to result in the abuse of a child

6. Responsibility to Report • Identify a situation and report it – equivalent to request for an investigation • Proof of abuse or neglect is not required • Civil & Criminal Immunity • “reasonable belief” or “in good faith” are immune from civil and criminal liability • Indian Country Child Abuse Hotline: 1-800-633-5155

7. PartIII: Protection of the Child • “All arrangements to protect the child shall be made immediately in conjunction with [local] LE & CPS.” • Includes medical attention, counseling, removal, protective placement or contacting relatives (SCAN/EIR Reporting Protocol, 2009)

8. Part IV: Confidentiality • SCAN/Employee Incident records Administratively Restricted • Unauthorizedcopying, distribution, or other unauthorized use of information contained in the SCAN/Employee Incident report, or in the official file, is Strictly Prohibited; • Subpoenas & Requests for Information • Contact Michelle Begay, Program Specialist (SCAN)

9. Part IV: Confidentiality – continued • Who has a “Need to Know?” • Mandated reporters, immediate supervisors; school administrators/designees; Program Specialist (SCAN); ER/LR staff, DODE (Navajo Grant/Contract Schools), Law Enforcement; Child Protective Services & School Safety Specialists (point-of-contact for ELOs & ADDs)

10. Part IV: Confidentiality – continued • Mandated reporter anonymity • An investigative agency (LE or CPS) may provide information, records and the name of the informant without written consent, to a court of competent jurisdiction, or an employee of a tribe, state or Federal government who needs to know the information in the performance of his/her duties. • Bad Faith Report • No immunity from civil or criminal liability

11. Part V: Failure to Report • Mandated Reporters & Supervisors, or person in authority, who fail to make a timely, inhibits, or prevents a mandated reporter from making a report of child abuse as required, shall be guilty of a Class B misdemeanor, and may be fined up to $5,000 and/or imprisoned for up to 6 months in jail.

12. Part VI: Training Requirements • Documentation of alltraining for mandated reporters: • Supervisors on P.L. 101-630& P.L. 101-647 • New staff – upon initial hire/immediately • Returning Staff – Annual Training • Supervisors – prior to each school year; train their staff • Staff – “preferably” at the beginning of each school year • Supporting documents on file (participant sign-in sheets and copy of agenda or Appendix C)

13. Part VI: Training Requirements – continued • Notification of Responsibilities (Appendix C) • Identifies positions designated as Mandatory Reporters • Outlines when & how a report is made • Outlines ramifications for not reporting • Ensures acknowledgement by employees & supervisors (signatures & dates) • AIT as trainers • School Board, Parent Action Committees (PAC) & Others • Legislation No. 0239-09, Resolution of the Education Committee of the Navajo Nation Council

14. Part VII: Required Documentation (SCAN/EIR) (Employee as the alleged offender) • SCAN/Employee Incident Report in COMPLETE form • Mandated Reporter and Principal/Administrator signatures & dates • Notification to Alleged Offender • signed & dated by employee and Principal/Administrator, or Designee, on same day of report filing

15. Part VII: Required Documentation (SCAN/EIR) – continued (Employee as the alleged offender) • Collection of Statements (No Interview) • Employee/Alleged Offender’s written statement • dated & signed, same day • Victim’s statement • dated & signed • Witness statement(s) • peers/employees/others, same day, signed & dated • Notification of Case Closure

16. Part VIII: Suspected Child Abuse/Neglect (SCAN) Reporting Protocol (Revised 2009)

17. Part VIII: SCAN & Employee Incident Reporting Protocol (Revised 2009) • SCAN Report • Mandatory Segregation (removal from contact with children if Alleged Offender is an Employee) • 1st Option – Reassignment (no direct contact with children until LE investigation is complete) • 2nd Option – Administrative Leave (“Be Available”) • Types of SCAN Reports

18. 3.3.A. SCAN reports • Sexual abuse – alleged offender is anyone, incl. employee • Physical abuse – alleged offender is anyone, incl. employee • Neglect by family • General (food, shelter, clothing, etc.) • Medical • Educational • Emotional abuse • Family, friend, neighbor is the offender → SCAN Report

19. 3.3.A. SCAN reports (continued) • Emotional abuse • Employee is the offender → Employee Incident Report • Non-physical contact (verbal) • Comments of a non-sexual nature

20. Administrative Inquiry Team (AIT)SCAN Reports Only COMPOSITION: • At least three(3) state-licensed professional staff (where possible) • Appointed & removed/replaced at the discretion of the Principal/Administrator FUNCTIONS: • Review merits of the SCAN Report • Ensure accuracy & completeness of reporting form & compile/submit written information • Ensure notifications are complete within time frames – Law Enforcement, CPS & BIE • Do not conduct investigations, inquiries, or interviews; responsibility is reserved for law enforcement and/or CPS

22. Part IX: Employee Incident Reporting Protocol (Revised 2009)

23. 3.3.B.: Employee Incident Report (EIR) • “…does not meet the definitions of “abuse” • verbal events/incidents of non-sexual nature - no physical contact; employee is always the offender” (SCAN/EIR Reporting Protocol, 2009) • Examples: • Inappropriate language • Inappropriate comments of a non-sexual nature • Name-calling, insulting or humiliating a child • Shouting, cursing • Use of demeaning, degrading or insulting language • Quarreling or inciting a quarrel • Rude, boisterous play that adversely affect production, discipline or morale of a student

24. Part IX: Employee Incident Reporting Protocol (Revised 2009) • Mandatory Segregation • Based on circumstances; removal at discretion of Principal/Administrator • Consultation with Employee/Labor Relations, as needed, to determine removal • Non-Employee (volunteer, contractor, consultant, etc.) • Immediate removal

26. SCAN & Employee Incident Summary SCANEmployee Incident Physical Contact Verbal –NO physical contact Offender:Anyone/Employee Offender – Employee Only NotificationNotification (1) Law enforcement (1) BIE – Michelle Begay (2) Child Protective Services (3) BIE – Michelle Begay Investigation Investigation Employee: Law Enforcement Principal/Administrator or Designee Non-employee: Child Protective Service Time frame for case closurevaries Case closure within 1-2 days

27. Case Closure (Employee as the alleged offender) • Notification of Case Closure • signed & dated by employee and Principal/Administrator, or designee, within 1 day of notification by BIE • Complete file is forwarded to BIE when case is closed ( BIE is official repository for files) • NO files (copies, shadow or otherwise) at the local level

29. Part X: Other Reports • Critical Incident or Death Report • Bureau-Operated Schools • Student Incident Report

30. Critical Incident v.Student Incident • Critical Incident & Death Report (30 IAM 4) • Any incident in a Bureau-operated school or dormitory where a student requires immediate medical attention because of a life threatening injury which could result in or does result in death. This also includes suicidal ideation, attempted suicide or suicide completion.

32. Critical Incident v. Student Incident – continued • Student Incident Report • An occurrence in a Bureau-operated school or dormitory that is out-of-the-ordinary (day-to-day routine), which may require a law enforcement response, or results in severe disciplinary action (suspension or expulsion). This includes alcohol, drugs, and any act of violence against a student or staff member by another student.

33. REPORTING FORMS • www.bie.edu • SCAN Form – Appendix D • Employee Incident Form – Appendix E • Administrator Checklist – SCAN/EIR • Student Incident Form (template available)

34. Contact Information Michelle Begay, LMSW, Program Specialist Karyn Kinsel, Program Support Assistant 1001 Indian School Rd NW BIA Building 1, Room 149 Albuquerque, NM 87104 (505) 563-5290 – Office (Michelle) (505) 563-5229 – Office (Karyn) (505) 563-5292 – Fax (505) 917-1492 – Mobile Phone (“coverage area”) Michelle.Begay@bie.edu Karyn.Kinsel@bie.edu