[Libs-Or] Mandatory reporting for libraries

Thu Sep 27 11:55:17 PDT 2012

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.

On Thu, Sep 27, 2012 at 10:12 AM, Maureen Cole
<mcole at ci.oregon-city.or.us>wrote:

> Hi all:****
>
> Has anyone out there written new policy/procedure regarding library staff
> actions in light of the mandatory reporting law which now seems to applies
> to libraries? I know city attorneys have varying opinions about how this
> law applies to us, but ours is sticking with the 'better safe than sorry'
> approach. We had some training by DHS today and it reminded me that we need
> to have something in place to guide us internally. ****
>
> ** **
>
> Thanks for your help!****
>
> Mo****
>
> ** **
>
>  ****
>
>  [image: cid:image001.jpg at 01C9ADFB.2325B4C0]****
>
> *Maureen Cole*****
>
> *mcole at orcity.org <mcole at ci.oregon-city.or.us> ** *****
>
> *Library Director
> Oregon City Public Library
> 606 John Adams Street
> Oregon City, Oregon 97045
> 503-657-8269 ext 1010
> 503-657-3702 Fax*****
>
> *Website:** www.orcity.org/library*****
>
> *PUBLIC RECORDS LAW DISCLOSURE: *****
>
> *This e-mail is subject to the State Retention Schedule and may be made
> available to the public.*****
>
>  ****
>
> ** **
>
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-- 
*Diedre Conkling**
Lincoln County Library District
P.O. Box 2027
Newport, OR 97365
Phone & Fax: 541-265-3066
Work email**: **diedre at lincolncolibrarydist.org*<diedre at lincolncolibrarydist.org>
*
Home email: **diedre08 at gmail.com* <diedre08 at gmail.com>

 "If you don't like something, change it. If you can't change it, change
your attitude."--Maya Angelou
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