New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 16 - PROGRAMS TO SUPPORT STUDENT DEVELOPMENT › Subchapter 11 - REPORTING POTENTIALLY MISSING, ABUSED, OR NEGLECTED CHILDREN AND ATTEMPTED OR COMPLETED SUICIDE › Section 6A:16-11.1 - Adoption of policies and procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The district
				board of education shall develop and adopt policies and procedures for school
				district employees, volunteers, or interns to provide for the early detection
				of missing, abused, or neglected children through notification of, reporting
				to, and cooperation with appropriate law enforcement and child welfare
				authorities pursuant to
N.J.S.A.
18A:36-25
and 25.2,
N.J.S.A. 9:6-8.1 0
, and
6A:22-4.1(d)
. At a minimum, the policies and procedures shall include:
1. A statement indicating the importance of
				early detection of missing, abused or neglected children;
2. Provisions requiring school district
				employees, volunteers, or interns to immediately notify designated child
				welfare authorities of incidents of alleged missing, abused, and neglected
				children.
i. The person having reason to
				believe that a child may be missing or may have been abused or neglected may
				inform the principal or other designated school official(s) prior to notifying
				designated child welfare authorities if the action will not delay immediate
				notification.
ii. The person
				notifying designated child welfare authorities shall inform the principal or
				other designated school official(s) of the notification, if such had not
				occurred prior to the notification;
(1)
				Notice to the principal or other designated school official(s) need not be
				given when the person believes the notice would likely endanger the reporter or
				student involved or when the person believes the disclosure would likely result
				in retaliation against the student or in discrimination against the reporter
				with respect to his or her employment;
3. Provisions requiring the principal or
				other designated school official(s) to notify designated law enforcement
				authorities of incidents of potentially missing, abused, or neglected child
				situations.
i. The school district shall
				identify the school district official(s) and his or her designees responsible
				for reporting to the designated law enforcement authorities.
ii. The school district policies and
				procedures shall be consistent with the memorandum of agreement between
				education and law enforcement authorities pursuant to
				6A:16-6.2(b)13.
iii. Law enforcement authorities shall be
				notified about all reports by employees, volunteers, or interns working in the
				school district made pursuant to (a)2 above;
(1) The notification to designated law
				enforcement authorities on behalf of a student attending a receiving school
				shall be made to the law enforcement authorities identified in the receiving
				school's memorandum of agreement as required by
				6A:16-6.2(b)13;
4. Under no condition
				shall the school district's policy require confirmation by another person to
				report the suspected missing-, abused-, or neglected-child situation;
5. Provisions for school district cooperation
				with designated child welfare and law enforcement authorities in all
				investigations of potential missing, abused, or neglected children including
				the following:
i. Accommodations permitting
				the child welfare and law enforcement investigators to interview the student in
				the presence of the school principal or other designated school official.
(1) If the student is intimidated by the
				presence of the school representative, the student shall be requested to name
				an employee, volunteer, or intern working in the school district whom he or she
				feels will be supportive and who will be allowed to accompany the student
				during the interview;
ii. Scheduling interviews with an employee,
				volunteer, or intern working in the school district who may have information
				relevant to the investigation;
iii.
				The release of all records of the student who is the subject of the
				investigation that are deemed relevant to the assessment or treatment of a
				potentially missing, abused, or neglected child pursuant to
18A:36-19
and 9:6-8.40
				and allowable under the Family Education Rights and Privacy Act (FERPA), 34 CFR
				Part 99;
iv. The maintenance,
				security, and release of all confidential information about potential missing,
				abused, or neglected child situations in accordance with
18A:36-19
, N.J.S.A.
				9:6-8.4 0, and N.J.A.C. 6A:32-7;
(1) All
				information regarding allegations of potentially missing, abused, or neglected
				children reported to authorities about an employee, volunteer, or intern
				working in the school district shall be considered confidential and may be
				disclosed only as required to cooperate in investigations pursuant to (a)2 and
				3 above or by virtue of a court order.
(A)
				Records pertaining to such information shall be maintained in a secure location
				separate from other employee personnel records and accessible only to the
				school district chief school administrator or his or her designee;
v. The release of the
				student to child welfare authorities while school is in session when it is
				necessary to protect the student or take the student to a service provider.
(1) Removal shall take place only after the
				principal or his or her designee has been provided, either in advance or at the
				time removal is sought, with appropriate documentation that the child welfare
				authority has already removed, or has appropriate authority to remove, the
				student from his or her home, as specified in N.J.S.A. 9:6-8.2 7 through 8.30;
				and
vi. The transfer to
				another school of a student who has been removed from his or her home by
				designated child welfare authorities for proper care and protection pursuant to
				N.J.S.A. 9:6-8.2 8 and 8.29;
6. A provision for the establishment of a
				school district liaison to designated child welfare authorities to act as the
				primary contact person between schools in the school district and child welfare
				authorities with regard to general information sharing, the development of
				mutual training and other cooperative efforts;
7. A provision for designating a school
				district liaison to law enforcement authorities to act as the primary contact
				person between schools in the school district and law enforcement authorities,
				pursuant to
				6A:16-6.2(b)1,
				consistent with the memorandum of understanding, pursuant to
				6A:16-6.2(b)13.
i. The designation of the school district
				liaison shall be consistent with the policies and procedures established by the
				district board of education for ensuring cooperation between school and law
				enforcement officials, pursuant to
				6A:16-6.2(b)1;
8. Provisions for training
				employees, volunteers, and interns working in the school district on the school
				district's policies and procedures for reporting allegations of missing-,
				abused-, or neglected-child situations.
i.
				All new employees, volunteers and interns working in the school district shall
				receive the required information and training as part of their
				orientation;
9.
				Provisions regarding due process rights of an employee, volunteer, or intern
				working in the school district who has been named as a suspect in a
				notification to child welfare and law enforcement authorities regarding a
				missing-, abused-, or neglected-child situation.
i. Temporary reassignment or suspension of an
				employee, volunteer, or intern working in a school district named as a suspect
				pursuant to (a)2 above shall occur only if there is reason to believe that the
				life or health of the alleged victim or other student is in jeopardy due to
				continued contact between the school employee, volunteer, or intern and the
				student.
ii. All references to a
				notification to the designated child welfare authorities of a potential
				missing-, abused-, or neglected-child situation involving a school district
				employee shall be removed from the employee's personnel records immediately
				following the receipt of an official notice from child welfare authorities that
				the allegation was unfounded pursuant to
				18A:6-7a; and
10. A statement that prohibits
				reprisal or retaliation against any person who, in good faith, reports or
				causes a report to be made of a potential missing-, abused-, or neglected-child
				situation pursuant to N.J.S.A. 9:6-8.1 3.