[Libs-Or] Mandatory reporting for libraries

Thu Sep 27 13:01:43 PDT 2012

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

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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):
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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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