[OYAN] Public library staff and mandatory reporting

[NIELSEN Buzzy * SLO]

Sorry, folks, I sent this to Kids-lib and forgot to send it to y'all!

Cheers!
Buzzy

From: NIELSEN Buzzy * SLO
Sent: Wednesday, November 1, 2023 5:16 PM
To: Public Library Directors announcement list (pl-directors at omls.oregon.gov) <pl-directors at omls.oregon.gov>; kids-lib at omls.oregon.gov
Subject: Public library staff and mandatory reporting

Hi everyone,

We've received a lot of questions this year about whether public library staff are considered mandatory reporters of child abuse in Oregon, so I thought I'd sent out info to everyone.  I'll preface my response by saying I encourage you (or your director) to verify this information with your legal counsel. While everything I'm providing repeats what's been told to us at the State Library, this is fundamentally a legal matter, and for a definitive answer, you'd need a legal professional.

When we've talked to the state's Department of Human Services (DHS), they consider public library staff to be mandatory reporters. Several other public libraries have looked into the matter and came to the same conclusion. Fortunately, DHS provides a helpful guide<https://www.oregon.gov/odhs/report-abuse/pages/mandatory-reporting.aspx> to explain the responsibility, as well as a training video<https://www.youtube.com/watch?v=iO4uRPbI4YQ>.

If you're interested, here are some relevant Oregon Revised Statutes about mandatory reporting. They're all from ORS 419B<https://www.oregonlegislature.gov/bills_laws/ors/ors419b.html>. The bolding is in the statutes.

419B.005 Definitions.
(6) "Public or private official" means:
(bb) An employee of a public or private organization providing child-related services or activities

419B.005(6)(bb) has previously been considered to include public library employees, as institutions that deliver child-related services (storytimes, summer reading programs, etc.).

419B.010 Duty of officials to report child abuse; exceptions; penalty.
(1) Any public or private official having reasonable cause to believe that any child with whom the official comes in contact has suffered abuse or that any person with whom the official comes in contact has abused a child shall immediately report or cause a report to be made in the manner required in ORS 419B.015. ...
...
(3) The duty to report under this section is personal to the public or private official alone, regardless of whether the official is employed by, a volunteer of or a representative or agent for any type of entity or organization that employs persons or uses persons as volunteers who are public or private officials in its operations.

The DHS training video<https://www.youtube.com/watch?v=iO4uRPbI4YQ> that goes over what it means to be a reporter and how to report. A few things of note that this and other trainings mention:


  *   Mandatory reporting is a 24/7 responsibility, whether the mandatory reporter witnesses an incident on work time or not, in the library or not;
  *   Reporting is a personal responsibility on the mandatory reporters themselves;
  *   The reporting requirement applies to all employees of the organization, whether they work with minors directly or not: children's services staff, directors, custodians, desk staff, etc.

Generally speaking, library staff who give mandatory reports have found the reporting process relatively simple, and the people taking the report to be understanding. Both my staff at previous libraries and I have given reports. There are generous protections for good faith reporting, even if any information staff provided turns out to be incorrect.

One caveat to keep in mind specific to libraries: depending on your library's (or consortium's) privacy policies, staff likely aren't allowed to get patron's information from your ILS absent some kind of court order, if the report turns into an investigation.

I'll also add that it's really important that who witness or report child abuse have access to mental health support. Working in a library already requires a tremendous amount of emotional labor, and mandatory reporter responsibilities add to that burden. Your employer may access to an Employee Assistance Program (EAP)<https://www.shrm.org/resourcesandtools/tools-and-samples/hr-qa/pages/whatisaneap.aspx> that includes mental health support. EAPs are often provided through an employer's health insurance program or through organizations such as Special Districts Association of Oregon (SDAO) or Citycounty Insurance Services (CIS). Check with your human resources staff, library director, or liability or health insurer to find out more information.

Please let me know if you have further questions. I know this is a difficult and complicated issue, and I'm happy to help you understand it as much as my non-lawyer self can!

Cheers!

Buzzy Nielsen, MPP, MSI (he/him/his)
Program Manager, Library Support & Development Services
State Library of Oregon
buzzy.nielsen at slo.oregon.gov<mailto:buzzy.nielsen at slo.oregon.gov> | 971-375-3486
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