[Libs-Or] Mandatory reporting for libraries

[Buzzy Nielsen]

Our legal counsel also recommends the "better safe than sorry" approach. 
I'll check with him to see if he works with any other organizations who 
might have a policy that we could steal and modify.

Cheers!
Buzzy

************************************
Library Director
Hood River County Library District
502 State St
Hood River, OR 97031
541-387-7062
http://hoodriverlibrary.org

On 09/27/2012 01:01 PM, Katie Anderson wrote:
>
> Diedre has provided some good information (see below). This is a great 
> opportunity for me to share more broadly the information I sent to 
> library directors and ready to read key contacts (i.e. youth services 
> leads) earlier this year. Now the key information and resources on 
> mandatory reporting that has been shared thus far is in this one email 
> for you.
>
> *From:*r2r-or-bounces at listsmart.osl.state.or.us 
> <mailto:r2r-or-bounces at listsmart.osl.state.or.us> 
> [mailto:r2r-or-bounces at listsmart.osl.state.or.us] *On Behalf Of *Katie 
> Anderson
> *Sent:* Thursday, July 19, 2012 4:11 PM
> *To:* r2r-or at listsmart.osl.state.or.us 
> <mailto:r2r-or at listsmart.osl.state.or.us>
> *Cc:* Susan Westin; MaryKay Dahlgreen
> *Subject:* [R2R-OR] Mandatory Reporting: Guidance for Libraries
> *Importance:* High
>
> Dear Library Directors and Youth Services staff,
>
> The passage of HB 4016 has expanded the definition of mandatory 
> reporters to include all "Employee[s] or volunteer[s] of a public or 
> private organization providing child-related services or activities 
> that allow the employee[s] or volunteer[s] temporary care, control or 
> supervision of a child..."
>
> The State Library recommends that all public libraries seek advice 
> from their legal counsel regarding the newly amended Oregon State 
> Statutes 
> <http://www.leg.state.or.us/12reg/measpdf/hb4000.dir/hb4016.intro.pdf> 
> 338.115, 339.370, 339.372, 339.374, 339.378, 339.388, 339.392, 339.400 
> and 419B.005. Depending on the advice from your legal counsel, your 
> library may consider creating a policy, procedure, or training 
> requirement around mandatory reporting. If your library is already 
> working on something along these lines, please consider helping other 
> libraries by sharing what you're doing via this listserv.
>
> A couple libraries have asked the State Library for assistance 
> identifying mandatory reporter training opportunities in order to 
> comply with the law as advised by their legal counsel. I have worked 
> with a Child Welfare Analyst at the Oregon Department of Human 
> Services (DHS) to develop a short, but valuable list of resources 
> libraries may use to educate themselves around mandatory reporting:
>
> ·  *Watch this 25 minute mandatory reporting video 
> <http://www.oregon.gov/DHS/abuse/mandatory_report.shtml>,
>
> · *Read this mandatory reporting guide 
> <https://apps.state.or.us/Forms/Served/de9061.pdf>, */and/or/*
>
> · Contact your local DHS 
> <http://www.oregon.gov/DHS/children/localoffices.shtml> Children, 
> Adults, and Families Division to inquire about face-to-face mandatory 
> reporting training.
>
> *The video and guide are a little out-of-date, but still provide 
> reliable content. Please keep in mind that they will not define 
> mandatory reporters as broadly as the new language.
>
> If you have questions about mandatory reporting, first ask your local 
> DHS <http://www.oregon.gov/DHS/children/localoffices.shtml> Children, 
> Adults, and Families Division. If they are not able to assist you, 
> then contact the state DHS office by calling 503-945-6116.
>
> Thank you,
>
> Katie Anderson
>
> PS: If the hyperlinks don't work, try copying and pasting the 
> following URLs into your browser or doing an internet search on 
> 'Oregon mandatory reporting DHS'
>
> HB 4016: 
> http://www.leg.state.or.us/12reg/measpdf/hb4000.dir/hb4016.intro.pdf
>
> Video: http://www.oregon.gov/DHS/abuse/mandatory_report.shtml
>
> Guide: https://apps.state.or.us/Forms/Served/de9061.pdf
>
> Local DHS contact information: 
> http://www.oregon.gov/DHS/children/localoffices.shtml
>
> Katie Anderson, Library Development Services
>
> * Youth Services Consultant * Oregon Center for the Book Coordinator *
>
> Oregon State Library, 250 Winter St. NE, Salem, OR 97301
>
> katie.anderson at state.or.us <mailto:katie.anderson at state.or.us>, 
> 503-378-2528
>
> cid:image001.png at 01CD9CA2.9FA55520
>
> *From:*libs-or-bounces at listsmart.osl.state.or.us 
> [mailto:libs-or-bounces at listsmart.osl.state.or.us] *On Behalf Of 
> *Diedre Conkling
> *Sent:* Thursday, September 27, 2012 11:55 AM
> *To:* libs-or
> *Subject:* Re: [Libs-Or] Mandatory reporting for libraries
>
> This is something that some of those of us in library districts 
> started talking about a bit ago and we shared our discussion with the 
> OLA Library Development and Legislation Committee.  I have been 
> waiting for the Special Districts Association of Oregon (SDAO) to post 
> the on-line training that they are working on for us. Fortunately we 
> do have a few more months before January 1, 2013, when the legislation 
> kicks in.
>
> The conclusion reached in most of the discussions I have been in about 
> this bill is that since libraries provide services for children ALL 
> library staff become reporters and all library staff need to have 
> training.  Yes, this means the bookkeeper, janitor, etc. and not just 
> the front line staff.  I personally think it is best to take this 
> approach since our staff members could be sued, as individuals, for 
> not reporting something simply because they work in a library that 
> provides services to children.  The reporting requirement is 24 hours 
> a day and not just while at work.  I don't want our staff to have to 
> face working out whether or not our intrepretation, or our city 
> attorney's interpretation, of the law is correct in a courtroom since 
> they can be sued as individuals.  Error on the side of overtraining in 
> this case, I think.
>
> I also think that the view leading up to this legislation is that 
> everyone should be required to report.  I think it is over zealous and 
> could lead to a lot of bad reporting but the Legislature is not likely 
> to modify this law.  They are more likely to add to it.
>
> Here are some pieces that Perry Stokes found:
>
> *Abuse and Neglect*
>
> http://www.oregon.gov/DHS/abuse/main.shtml
>
> *See training video (25 min)*
>
> *Questions and answers about reporting abuse and neglect*
>
> http://www.oregon.gov/DHS/children/abuse/cps/report.shtml
>
> *HB 4016*
>
> http://www.leg.state.or.us/12reg/measpdf/hb4000.dir/hb4016.intro.pdf
>
> Here is the abbreviated explanation of the bill that is in the SDAO 
> 2012 Legislative Session Final 
> Report,(http://www.leg.state.or.us/12reg/measures/hb4000.dir/hb4016.en.html):
>
> --
>
>
> HB 4016 --- NEW MANDATORY REPORTERS OF CHILD ABUSE
>
> Oregon law requires workers in certain professions to make reports if 
> they have reasonable cause to suspect abuse or neglect of a child. 
> These people are called mandatory reporters. Mandatory reporters must 
> report suspected abuse or neglect of a child regardless of whether or 
> not the knowledge of the abuse was gained in the reporter's official 
> capacity. ORS 19B.005 (3) -- (4) identifies all professions that are 
> mandatory reporters. Such professions include medical personnel; 
> school and child care personnel; certain public employees including 
> members of the Legislative Assembly; law enforcement personnel; and 
> other professions suchas licensed clinical social workers, attorneys, 
> firefighters, and court appointed special advocates.
>
> HB 4016 adds to the list of public and private officials required to 
> report child abuse including employees of higher education 
> institutions and public or private organizations providing 
> childrelated services or activities to youth groups or centers, scout 
> groups or camps, summer or day camps, survival camps or groups, 
> centers or camps that are operated under the guidance, supervision or 
> auspices of religious, public or private educational system or 
> community service organizations; and coach, assistant coach or trainer 
> of amateur, semiprofessional or professional athlete, if compensated 
> and if the athlete is a child. The bill allows alternate designated 
> persons to receive a report of suspected abuse if the designee is the 
> abuser. Finally, the bill clarifies that the duty to report rests with 
> the individual, not the organization for which he or she works.
>
>
>
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