New York Public Personnel Law: School officials have a duty to report suspected child abuse to the appropriate government agency

July 19, 2012

School officials have a duty to report suspected child abuse to the appropriate government agency

School officials have a duty to report suspected child abuse to the appropriate government agency

J.H. v. County of Nassau, 20 Misc 3d 1142(A)

J.H. v. County of Nassau the court considered the question of the fallout if school personnel file a report of alleged child abuse that is ultimately found to be incorrect. Could the employee be held liable for defamation if the report proved to be “unfounded?”

Citing Rine v. Chase, 309 AD2d 796, the court ruled that as the school was required to report the alleged abuse of maltreatment of a child to the appropriate child protective agency, neither the school nor the individual filing the report were liable notwithstanding the fact that ultimately the allegation was found to be “unfounded” as filing such reports were mandated by law

Not only do school personnel enjoy a qualified immunity in connection with reporting suspected child abuse in good faith, their failure to do so may result in disciplinary action.

In Hoey v PERB, App. Div., 284 A.D.2d 633, teacher aides were given specific instructions to report any concerns about classroom matters -- they were to immediately bring them to the attention of the supervisor of special education or the school principal.

According to the decision, the aides becoming aware that a teacher had engaged in bizarre and inappropriate behavior of a sexual nature with one of the students.

About a month later they reported the teacher's suspected conduct to one of their union representatives rather than school administrators. Two days later the union representative told school administrators of the aides' report.

A number of other aides were terminated after being found guilty of insubordination for failing to follow a supervisor's directive and jeopardizing the safety of a child under their supervision by failing to timely report suspected child abuse.

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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.