DYFS Agreement on Investigation of Child Abuse Allegations

I. Purpose of the Agreement

The purpose of this affiliation agreement is to develop and formalize a working agreement on the processes by which the Princeton Regional School District and the Mercer District Office of the Division of Youth and Family Services (DYFS) will interact in addressing the needs of families and children when child abuse and neglect is suspected or known. Specifically, this agreement establishes the relationship and responsibilities for both parties concerning, but not limited to:

Developing a liaison relationship.
Reporting suspected abuse and neglect.
Facilitating investigation of alleged child abuse, both in school (institutional) and out of school (noninstitutional).
Facilitating corrective action recommended as a result of the child abuse investigation.

II. Liaisons

The DYFS and the school district central office administration will each designate one staff person to serve as the liaison between the two agencies. The roles and functions of the liaisons are to:

Facilitate communication and cooperation.
Identify issues or problems that arise in implementation of this agreement and to facilitate a resolution.
Act as the primary contact person between the schools and the DYFS with regard to the agreement, its renegotiation, and general information sharing.
Act together in developing mutual training and other cooperative efforts, such as information exchanges, joint speaking engagements, etc.
Serve on the DYFS/School Liaison Committee.

The liaison role does not include continuing communications between the school staff and DYFS personnel on individual case situations unless conflicts arise in an investigation which is governed by the affiliation agreement. Abuse and neglect referrals are not to be screened or referred through the liaisons.

III. Child Abuse - Definition

"'Abused child' means a child under the age of 18 years whose parents, guardian, or other person having his/her custody and control:

Inflicts or allows to be inflicted upon such child physical injury or other than accidental means which causes or creates a substantial risk of death, or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ.
Creates or allows to be created a substantial or ongoing risk of physical injury to such child by other than accidental means which would be likely to cause death or serious or protracted disfigurement, or protracted loss or impairment of the function of any bodily organ.
Commits or allows to be committed an act of sexual abuse against the child.
A child whose physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired as the result of the failure of his/her parent or guardian, or such other person having his/her custody and control, to exercise a minimum degree of care in supplying the child with adequate food, clothing, shelter, education, medical or surgical care though financially able to do so or though offered financial or other reasonable means to do so, or in providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing to be inflicted harm, or substantial risk thereof, including the infliction of excessive corporal punishment or using excessive physical restraint under circumstances which do not indicate that the child's behavior is harmful to himself/ herself, others, or property; or by any other act of a similarly serious nature requiring the aid of the court.
A child who has been willfully abandoned by his/her parent, guardian, or such other person having his/her custody and control" (N.J.S.A.9:6-8.9).

IV. Child Abuse - Reporting and Referrals

New Jersey law requires that any person having reasonable cause to believe that a child has been subjected to child abuse or acts of child abuse shall report it immediately to the DYFS (N.J.S.A. 9:6-8.10).

In an effort to prevent and intervene in instances of child abuse and neglect, the schools shall cooperate with the DYFS, in the early identification, reporting and investigation of suspected child abuse cases, whether or not corroborative evidence is available.

Person Making Report Immune

"Anyone acting pursuant to this act in the making of a report under this act shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such person shall have the same immunity with respect to testimony given in any judicial proceeding resulting from such report" (N.J.S.A.9:6-8.13).

Violations, Failure to Make Report

"Any person knowingly violating the provisions of this act, including the failure to report an act of child abuse having reasonable cause to believe that an act of child abuse has been committed, is a disorderly person" (N.J.S.A. 9:6-8.14). A person convicted of a dis- orderly persons offense under N.J.S.A. 9:6-8.14 is subject to a $1,000 fine and up to six months in jail.

All School Employees Shall Immediately Report Child Abuse Directly to the DYFS After reporting the incident to the DYFS, the person reporting the alleged abuse should notify the school principal or designee of the report, in accordance with local procedure. However, consistent with the DYFS regulations, notice to the principal need not be given where the referrer believes that such notice would be likely to endanger the safety of the referrer, or where such disclosure would be likely to result in discrimination against the referrer with respect to his/her employment.

The DYFS accepts all reports of suspected abuse and neglect by telephone, in writing, and in person for all sources, including identified sources, news media, anonymous sources, sources which have incomplete information, the child involved and/or his/her parent. An immediate call to the DYFS sets in motion the investigative process, which includes steps to be taken to protect the child or children involved or at risk.

When referring cases to the DYFS, the school referrer should provide as much pertinent information as possible including:

Name of child.
Age and grade of child.
Name and address of child's parent, guardian, or other person having custody and control.
Description of child's condition, including any reports available from the school social worker, nurse, principal or designee concerning current or previous injuries, abuse, or maltreatment.
Nature and possible extent of the child's injuries, abuse, or maltreatment.
An indication of the seriousness of the situation and whether the child appears to be in imminent danger.
Any other information that the referrer believes may be helpful with respect to the child abuse and identity of the alleged perpetrator.
Noninstitutional Child Abuse--abuse and neglect suspected of taking place in the home or community by a parent, guardian, or any other person having custody or control of the child.

A report may be made in person or by telephone to the local DYFS:

weekdays between 9 a.m. and 5 p.m. at 609-895-0400
weekends, holidays, or after hours at 800-792-8610

Institutional Child Abuse

Abuse and neglect suspected of taking place in a school or at a school-sponsored event, allegedly committed by a school staff member or adult volunteer.

A report may be made in person or by telephone to the Institutional Abuse Investigation Unit (IAIU):

weekdays between 9 a.m. and 5 p.m. at 609-292-0617
weekends, holidays, or after hours at 800-792-8610

V. DYFS Child Abuse Investigations

The New Jersey Department of Human Services, Division of Youth and Family Services (DYFS) is the state's comprehensive social service agency for children, families, and adults. The DYFS is required by state law to investigate every report of a child who is suspected of being abused, neglected, or abandoned.

The DYFS Mission Statement and Services Principles give overall direction for social service activities. It is based on local needs and resources available and cooperative community planning and services.

The mission is to:

Protect vulnerable children and adults from abuse, neglect, or exploitation.
Support family preservation and community living.
Prevent family violence and disruption.

According to agency policy, the DYFS has specific time frames to respond to a referral, which are as follows:

Immediately--in cases of physical or sexual abuse where the child has been injured or is in imminent risk of harm.
Within 24 hours--if there is no immediate danger to the child due to the abuse and neglect, i.e., a report indi- cates that a child has been abused in the past, evidence of the abuse is no longer present, and there is no evidence that abuse is likely to occur within the 24-hour period following the referral.
Within 72 hours--in cases of physical neglect which do not require immediate investigation or emotional abuse and neglect not precipitating a current crisis requiring immediate field investigation.

VI. Responsibilities of the School

A. Noninstitutional/Institutional Abuse Investigations The responsibilities of the school are as follows:

Permit DYFS to interview the child in the presence of the school principal or designee. However, if this is contraindicated by the case situation, such as when the child is intimidated by a school representative's presence, the child can name a staff member who he/she feels will be a supportive presence who will be allowed to accompany the child during the interview. The school representative will be informed by the DYFS worker conducting the interview that the discussion and investigation are confidential. There may be circumstances, however, where the school official may have to be excused from the interview by the DYFS.
Permit the DYFS to photograph the child for the child's protection if he or she has visible injuries.
If a child's family moves while an investigation is active, the principal or designee shall inform the caseworker.
Cooperate with the DYFS in scheduling interviews with any school personnel who may have information relevant to the investigation.
Release to the DYFS under direction of the principal or designee all records past and present pertaining to the child or children under investigation that are deemed by the DYFS to be relevant to the assessment or treatment.
Provide a secure cabinet for filing and maintaining confidential information about child abuse cases.

VII. Responsibilities of the DYFS

A. Noninstitutional Abuse Investigation

Conduct the investigation as soon as possible.
Notify the parent or guardian of their investigation as soon as possible and prior to the child's return home from school.
Maintain confidentiality as to the identity of the referent, if requested.
Present the official DYFS staff photo identification to appropriate school personnel on all visits to the school.
Contact the referent, in person or by phone, for further exchange of information about the reported suspected child abuse and neglect. Within five working days of the referral, the DYFS caseworker will call the referent.
Report to the county prosecutor those cases of alleged abuse and neglect that involve suspected criminal activity on the part of the child's parent, guardian, or any other person.
Interview the child in the presence of the school principal or designee. However, if this is contra-indicated by the case situation, such as when the child is intimidated by a school representative's presence, the child can name a staff member who he/she feels will be a supportive presence who will be allowed to accompany the child during the interview. The school representative will be informed by the DYFS worker conducting the interview that the discussion and investigation are confidential. There may be circumstances, however, where the school official may have to be excused from the interview by the DYFS.
Interview any school employee who may have information relevant to the investigation.
Receive any records or materials from the principal or designee that would assist in the assessment or treatment of the abused child.
Report by letter to the referent using the DYFS Form26-64 as to whether or not the referred family will be receiving ongoing services. This response will be sent within 30 working days or as soon as possible thereafter. If appropriate, additional information essential to the health and safety as well as the education of the referred student will be forwarded or discussed with the appropriate school personnel.
Provide the school principal or designee with any information related to a child's change in residence or specific medical concerns.

B. Institutional Abuse Investigation

1. Definitions

"'Institution' means a public or private facility in the state which provides children with out-of-home care, supervision or maintenance. Institution includes, but is not limited to, a correction facility, detention facility, treatment facility, day-care center, residential school, shelter, and hospital" (N.J.S.A. 9:6-8.21g). "'Day school' means a public or private school which provides general or special educational services to day students in grades kindergarten through twelve. Day school does not include a residential facility, whether public or private, which provides care on a 24-hour basis" (N.J.S.A. 9:6-8.21h). "Reasonable cause to believe" as it relates to an institutional setting is defined as follows:

If a child directly makes an allegation involving himself/herself and a staff person.
If a child or staff person makes an allegation regarding an event he/she has witnessed involving another child and a staff person.
If a child or staff person has witnessed physical or sexual activity occurring between students.

2. Investigation Unit

The Institutional Abuse Investigation Unit (IAIU) in the DYFS was created to investigate all allegations of child abuse and neglect in institutional settings including day schools. The Intake/Administrative Unit is located in Trenton. The investigators are located in four regional offices throughout the state:

Hammontown--Southern Region (Atlantic, Burlington, Cape May, Cumberland, Gloucester, Camden, Salem)
Princeton--Central Region (Hunterdon, Mercer, Middlesex, Monmouth, Ocean, Somerset)
Newark--Central Region (Essex and Union)
Paterson--Northern Region (Bergen, Hudson, Morris, Passaic, Sussex, Warren)

3. The Process of the DYFS Investigation

a. Referral

A referral for suspected abuse and neglect is made to the IAIU Intake/Screening Unit in Trenton. Appropriate cases are immediately referred to the proper regional office for investigation. IAIU notifies the school principal by telephone and the local superintendent through a written memorandum that it is initiating an investigation of alleged abuse. The regional supervisor assigns the case to an investigator who contacts the principal or designee at the facility. Should the nature of the referral satisfy the existing criteria, the case will be referred to the appropriate law enforcement entity. When law enforcement officials are contacted, every effort will be made to conduct a joint, confidential investigation for the convenience of the facility staff and the families involved.

b. Interviews

When visiting the school, the IAIU investigator will present the official staff photo identification to appropriate school personnel. The investigator will speak to the child in question, any witnesses to the alleged incident, other staff members, and any collateral persons necessary to complete the investigation.

(1) The Child(ren)

The DYFS worker will interview the child in the presence of the school principal or designee. If this is contraindicated by the case situation, such as when the child is intimidated by a school representative's presence, the child can name a staff member who he/she feels will be a supportive presence who will be allowed to accompany the child during the interview. The school representative will be informed by the DYFS worker conducting the interview that the discussion and investigation are confidential. There may be circumstances, however, where the school official may have to be excused from the interview by the DYFS.

(2) The Subject of the Investigation

The DYFS worker will interview the subject. Should the staff person wish to have legal representation during the interview, this request must be honored. Should the staff person wish to have a representative of their professional association present during the interview, the association representative may be present as a witness to the testimony but may not participate in the interview or advise the staff person as to how to answer the questions. This type of advice can only be given by an attorney.

(3)

An exit interview will be held with the principal or designee after all the interviews have been completed for the day. During the exit interview, the principal or designee will be advised of any remedial action which is being recommended. He/she will also be given information regarding the course of the investigation and the possibility of their participation. Obviously, information which may compromise the investigation, particularly criminal investigations, cannot be shared at this time.

(4) Other Persons

The DYFS worker may want to interview witnesses to the alleged incident, as well as other staff members.

c. Notification to Parents

The DYFS is responsible for notifying the parent or guardian that they are initiating an investigation of a report of suspected institutional abuse. In the event that attempts to reach the parent are unsuccessful, the investigation will proceed.

d. Immediate Intervention

In order to insure the safety of the child(ren) during the investigation process, the IAIU may request the removal of the alleged perpetrator(s) from direct contact with all children. Any request for removals or other immediate action will be confirmed in writing to the principal by the IAIU regional office.

e. Access to School Documents

The investigator is permitted to see and/or have copies of incident reports, medical reports, or other school documents pertinent to the investigation through the authorization of the chief school administrator or designee.

f. Final Report and Recommendations

The IAIU will have the investigation completed within 45 days of the receipt of the initial referral. If the investigation continues beyond the 45-day limit or the report is unable to be prepared on time, an interim status letter will be sent to the local district superintendent advising him/her of any immediate concerns regarding the investigation and/or clearly stating when a final report can be expected. If a finding is known at this time, it will be relayed. Once the investigation is completed, a final report will be issued to the local district superintendent and the county superintendent. If recommendations are included in the final report, they will be of two types:

A recommendation which directly relates to specific incidents of harm to the child(ren) in the facility.
A recommendation which is not related to an incident of harm but is relevant to the future safety of the child(ren), such as a stressful environment, or methods of discipline.

The IAIU will inform the county superintendent, as necessary, when a local district has not responded to the recommendations on institutional child abuse. The county superintendent will then follow up with the local district superintendent. It is the responsibility of the IAIU to monitor the corrective action plans submitted by the local district superintendent.

VIII. Removal of the Children fron the School by the DYFS

A. Removal Procedures

In some cases, it may be necessary for the DYFS to remove children from school during the course of a school day in order to protect the child or take the child to a service provider. At such time, the DYFS district office shall provide to the appropriate school authority, either in advance or at the time removal is sought, one of the following authorizations:

A letter from the DYFS indicating agency authority.
Parental consent either from the parent's direct communication to the school or through the presentation of written authorization to the DYFS from the parent.
A document invoking statutory authorization under N.J.S.A. 9:6-8.29, which is a precourt document (DYFS21-6) authorizing the DYFS to act to protect the child.
A court order establishing that the DYFS has been granted care and custody of the child.
A guardianship order from the court establishing that the DYFS is the legal guardian of the child.

B. Release of Student From School

The school shall, at no time, release a child to any person claiming to be a representative of the DYFS unless one of the above conditions is met and the official DYFS staff photo identification has been shown. If there is any question regarding the worker's identity or credentials, the principal or designee should call the DYFS district office that the worker represents. The DYFS representative shall sign a statement indicating the date, time, reason, and name of representative.

IX. Transfers of Children between Schools

The DYFS may remove some children from their homes for their proper care and protection. This may require the transfer of the child to a school other than the one in which he/she is enrolled.

A. Responsibility of the School

The sending school will transfer the records of the child to the receiving school within 10 days after the transfer has been verified by the requesting school district.

If the parent(s) moves from one community to another New Jersey community while an investigation is under way, the principal of the sending school shall inform the principal of the receiving school of the investigation.

B. Responsibilities of the DYFS

The DYFS staff will arrange for student transfer with both the sending and receiving school prior to enrollment.
When a foster child is placed in another school district, the DYFS social worker will share appropriate information relating to the child's educational records with school officials in order that the most appro- priate educational plan be developed for the child. Additionally, when a foster child is moved from one home to another within the same district, the school will be notified promptly.
The DYFS staff will pick up the transfer card from the sending school and deliver it to the receiving school. This may be carried out by the DYFS social worker, the foster parent, or another DYFS-approved worker. However, if this task is to be executed by someone other than the DYFS social worker, the DYFS will notify the sending school of the arrangement.
When there are legal restrictions on a parent's contact or visitation privileges, which are known to the DYFS, that agency will provide the principal or designee of the receiving school with documentation regarding the court order.

The DYFS will notify the school principal or designee of changes in status of court orders in which the DYFS is a party.

X. Confidentiality

A. Records

In accordance with N.J.S.A. 9:6-8.10a, the DYFS may release information to "An agency authorized to care for, treat, or supervise a child who is the subject of a child abuse report, or a parent, guardian, or other person who is responsible for the child's welfare, or both, when the information is needed in connection with the provision of care, treatment or supervision to such child or such parent, guardian, or other person." As a recipient of the DYFS records and reports, school personnel shall keep them confidential. "Any person who willfully permits or encourages that release of the contents of any record or report in contravention of this act shall be guilty of a misdemeanor and subject to a fine of not more than $1,000 or to imprisonment for not more than 3 years, or both" (N.J.S.A. 9:6-8.10b).

XI. Joint Initiatives Between the School District and the DYFS

A. Joint Interviewing

In some instances, it may be appropriate for both the DYFS and school personnel to interview the parent, guardian, or family members jointly at the school.

B. Service Plan Development and Service Initiatives

Upon the request of either party, and the mutual agreement of both, the parties will participate in the development and initiation of a service plan for children. Such a plan shall clarify the role and responsibilities of each of the parties.

C. Consultation and Information Sharing

The DYFS and the school share information concerning specific children in planning joint services. The DYFS staff will enlist the assistance of school personnel in monitoring children's well-being and progress.

D. In-Service Training

The DYFS and the schools provide in-service training for each other. Subjects covered may include, but are not limited to:

Identification of child abuse and neglect.
Review of this affiliation agreement on a regular basis to ensure that new school and the DYFS employees are aware of the contents.
Referral process and follow-up.
Support services for children and their families.
Agreements on planning and scheduling developed by the liaison persons representing the DYFS and the schools in a partnership effort.

XII. The Agreement

The Agreement--Representatives from the Princeton Regional School District and the Mercer District Office of the DYFS will meet and review the initial agreement. The term of the agreement is one year. In addition, within two weeks prior to the beginning of the twelfth month from the effective date, the agreement will be reviewed. The parties will then agree to continue this agreement for another year or to terminate the agreement. Modifications required by a change in state or federal law governing the substance and procedures agreed upon herein shall be made on the effective date of such revisions. Either DYFS or the school system may reopen discussion toward the modification of any part of the agreement at any time.

The parties to this agreement recognize the value of cooperation in identifying, reporting, and investigating suspected child abuse or neglect and believe cooperation will more effectively protect children and strengthen families.

As an expression of commitment to children and families, the parties do hereby affirm to abide by the standards set forth in this document.

On this ____ day of _______________ , 19___.




__________________________________    _____________
___________________________________________________ 
Superintendent                       District Office Manager, Division
Princeton Regional Schools           of Youth and Family Services



__________________________________    _____________
___________________________________________________ 
President, Board of Education       Regional Supervisor, Institutional
Princeton Regional Schools          Abuse Investigation Unit