(Sept. 2008)
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1. |
Child Abuse Reporting Procedures:
A person observing a child with
bruises, scratches, etc. must report it to Child Protective Services
(CPS). If the person observing is unsure if it is child abuse or
neglect, he/she, in conjunction with the Site Manager, will make the
report.
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a. |
There must be no attempt to verify the
suspicion by investigating or confronting the parents or suspected
abuser.
(Reference HR code 261.303) |
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b. |
A Head Start Employee may not delegate
or rely on another person to make the report. The first person to whom
the child discloses the abuse or neglect, or the first person who
suspects a case of abuse, must make the initial verbal report. This
report may be made anonymously.
(Reference Family Code 261.101)
Call Child Protective Services at
1-800-252-5400 |
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c. |
If the call to Child Protective
Services is not anonymous, staff must fill out a Alleged Child
Abuse Incident Management Checklist Forms #1and #3 and forward
this to the Site Manager. The Site Manager will forward the form to the
following individuals by the end of the working day. |
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Human
Resources Director
Associate
Head Start Director
Head Start
Director |
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Note: Please refer to
the Management checklist |
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2. |
Violation of Child Abuse and/or Neglect
A Site Manager, following an accusation
of child abuse or neglect against a Head Start Employee, should not
initiate an investigation. Child Care Licensing (CCL) will conduct the
investigation. Any additional questioning by Head Start staff
may contaminate the evidence.
The following steps will happen after
an Employee has been accused of child abuse or neglect.
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a.. |
The Head Start Employee who first
receives the report of alleged abuse or neglect by another Employee or
an Employee observes a child being abused or neglected by a staff,
volunteer or parent, the Employee will call the CPS Child Abuse hotline
1-800-252-5400. A report will automatically be generated to the Police
Department. |
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b. |
The reporting Employee will complete
and submit the Licensing Violation Incident
Management Checklist forms #1 and #3
immediately to the Site Manager. The Site Manager will notify the
parents of the report. |
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c. |
The Site Manager will notify the Human
Resources Director who will then notify the Head Start Director and the
Associate Head Start Director by telephone and hand deliver the
Licensing Violation Incident Management Checklist forms #1 and #3
to the Human Resources Director immediately before the end of the
working day. They will also call the CCL representative to inform them
of the report. |
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d. |
The Human Resources Director and
Associate Head Start Director will determine whether the Employee should
be placed on administrative leave with or without pay or be reassigned
to the administrative office pending the investigation or be permitted
to stay in the classroom. |
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e. |
If the Employee is reassigned or placed
on approved leave, the Employee will be notified via either hand
delivery or mailed by certified letter – with the request for a return
receipt, dated and signed by the recipient. |
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f. |
No staff member will discuss the
incident unless it is on a need to know basis. |
Test Questions:
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| 3. |
Violations of Minimum Standards against
a Head Start Employee:
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a. |
The Minimum Standards 746.2803
Any suspected violations of the Minimum
Standards must be reported to the center’s licensing representative as
required by the Texas Department of Regulations and Protective
Services;
A caregiver may only use positive
methods of discipline and guidance that encourage self-esteem,
self-control, and self-direction, which include at least the following: |
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1). |
Using praise and encouragement of good
behavior instead of focusing only upon unacceptable behavior; |
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2). |
Reminding a child of behavior
expectations daily by using clear, positive statements; |
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3). |
Redirecting behavior using positive
statements; and |
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4). |
Using brief supervised separation from the group, when appropriate for
the child’s age and development, which is limited to no more than one
minute per year of the child’s age. |
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b. |
The Minimum Standards
746.2805 |
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1). |
Discipline and guidance
of children must be consistent and based on an understanding of
individual needs and development. |
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2). |
Positive methods which encourage
self-esteem, self-control, and self-direction must be used. |
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3). |
Violations of minimum standards include
but may not be limited to the following occurrences: |
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(a) |
lack of supervision of
children; |
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(b) |
inappropriate discipline and guidance
of children; |
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(c) |
actions which affects children’s
self-esteem, self-control, and self-direction; and |
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(d) |
Cruel or unusual treatment of children |
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- corporal punishment or threats of
corporal punishment;
- pinching, shaking, or biting a child;
- hitting a child with a hand or
instrument;
- putting anything in or on a child’s
mouth;
- humiliating, ridiculing, rejecting,
or yelling at a child;
- subjecting a child to harsh, abusive,
or profane language;
- placing a child in a locked or dark
room, bathroom, or closet with the door closed; and
- requiring a child to remain silent or
inactive for inappropriately long periods of time for the child’s age.
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c. |
Following an accusation of violation(s)
of 746.2803 or 746.2805 the following reporting procedures will be
followed. Disciplinary action will be given up to and including
termination if these procedures are not adhered to. |
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1) |
The Head Start Employee who first
receives the report of alleged Licensing violation by another Employee
shall immediately contact the Center’s Site Manager |
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2). |
he Site Manager will
then notify the Licensing Representative and the Human Resources
Director. The Site Manager will also complete and submit the
Licensing Violation Incident Management Checklist forms #2 and #3.
Site Manager will notify the parents of the report. |
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3). |
The Site Manager will
notify the Human Resources Director and the Associate Head Start
Director by telephone and hand deliver the Licensing Violation
Incident Management Checklist forms #2 and #3 to the Human
Resources Director immediately before the end of the working day.
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d. |
The
Human Resources Director, the Associate Head Start Director and the Head
Start Director will determine whether the Employee should be placed on
administrative leave with or without pay or be reassigned to the
administrative office pending the investigation or be permitted to stay
in the classroom. |
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e. |
If
reassigned or placed on an approved leave, an administrative leave
letter will be hand delivered or mailed by certified letter – with the
request for a return receipt, dated and signed by the recipient. |
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f. |
No staff
member will discuss the incident unless it is on a need to know basis. |
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4. |
Actions/Results of Child Protective Services Findings
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a. |
It is
agreed that if there is an incident involving a physical contact or
other inappropriate interaction with a child, the Employee will be
reassigned until the investigation is completed or a management decision
is reached.
If the incident is in
regards to a lack of supervision of children or any other violation of
the Minimum Standards, the Employee may remain in the classroom.
However, the decision for the Employee to remain in the classroom will
be made by the Site Manager, Assoc. Head Start Director, Head Start
Director, and Human Resources Director. |
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b. |
If it
is agreed that the findings are not of a physical contact the Site
Manager will place the Employee on disciplinary action, a plan of
action, with the follow-up and review dates to address the
outcomes/results of the training. |
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c. |
A
copy of the plan will go to the following: |
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1). |
Employee |
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2). |
Human
Resources Director |
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3). |
Education Department |
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Site
Manager and the Education Department will observe the Employee in the
specified time period. The Associate Head Start Director will be
notified of the results. If it is found that the Employee has not
adhered to this plan of action, Human Resources Director will review
their status of employment. |
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5. |
Procedure for Employee and volunteers who are arrested for any criminal
offenses of the Penal Code.
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a. |
If a staff or volunteer
is arrested for any criminal offenses of The Penal Code it is to be
reported within 24 hours of the arrest. |
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The
staff member or volunteer will be suspended until the matter is resolved
by the legal system. Staff members will be suspended without pay
pending investigation. If the investigation lasts more than sixty days
the Employee’s position will be staffed according to the agency’s
needs. If the investigation lasts more than 120 days then the Employee
will be terminated. |