[Libs-Or] Mandatory reporting for libraries
buzzy at hoodriverlibrary.org
Thu Sep 27 17:42:24 PDT 2012
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.
Hood River County Library District
502 State St
Hood River, OR 97031
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
> *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
> 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
> · *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:
> Video: http://www.oregon.gov/DHS/abuse/mandatory_report.shtml
> Guide: https://apps.state.or.us/Forms/Served/de9061.pdf
> Local DHS contact information:
> 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>,
> 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*
> *See training video (25 min)*
> *Questions and answers about reporting abuse and neglect*
> *HB 4016*
> Here is the abbreviated explanation of the bill that is in the SDAO
> 2012 Legislative Session Final
> 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.
> Libs-Or mailing list
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