Child Abuse Policy
Following Massachusetts’s law, HEC prohibits any form of physical, sexual, or emotional abuse of its students, and mandates all staff to report incidents of suspected child abuse.
Abuse: the non-accidental commission of any act by a caretaker, which causes or creates a substantial risk of harm or threat of harm to a child’s well-being.
Neglect:
1. Failure by a caretaker, either deliberately or through negligence, to take actions necessary to
provide a child with minimally adequate food, clothing, shelter, medical care, supervision, or other essential care.
2. Serious physical injury (any non-trivial injury); death; malnutrition; and failure to thrive.
3. Serious emotional injury: an extreme emotional condition such as a severe state of anxiety, depression or withdrawal.
Child Abuse Reporting
1. Each and every one of the employees of HEC is required by law to report to their supervisor the awareness of any student who may be abused or neglected. Under M.G.L. Chapter 119, staff are categorized as mandated reporters, liable to civil or criminal action for failure to report a potentially abusive or neglectful situation or incident.
2. The term, mandated reporter, specifically addresses the fact that any person who works in a residential treatment center is required to report to DCF (Department of Children & Families). At HEC, once the staff member reports an incident or allegation to the person in charge, the employee is then relieved of any liability and the liability for not reporting belongs to the person in charge, i.e. the Program Director. All HEC staff are permitted to call in a report to any external reporting agencies if necessary, including out of state reporting agencies such as the New York State Justice Center.
3. All new HEC employees are provided with initial training regarding the HEC policy and procedure for staff responsibilities regarding abuse and neglect incidents and / or allegations. Before the commencement of duties, all new employees receive mandatory training during orientation titled “Preventing Abuse and Neglect / Mandated Reporting Responsibilities.”
4. Staff must immediately report to his/her supervisor any abusive behavior toward a student and complete a written report on the matter within 24 hours. The supervisor will ordinarily immediately notify his/her Program Director who, in turn, will notify without delay to the Senior Vice President and/or Executive Director. On the next business day, the Program Director will ordinarily submit a brief written statement of concern to the Senior Vice President and/or Executive Director.
5. HEC requires the Director of Quality Assurance, Program Director or, if absent, his/her administrative designee to immediately report to the Department of Children & Families (DCF), Early Education and Care (EEC), and Department of Elementary and Secondary Education (DESE). In addition, reports will immediately be made to any out of state agencies appropriate to the student referring state, including agencies such as the New York State Justice Center for the Protection of People with Special Needs, New York State Education Department and any local New York social services district, school district, and/or state agency funding the placement of any student involved in a reportable incident.
6. At the time of the allegation, the staff person alleged to have abused a student would ordinarily be suspended without pay pending a full investigation.
7. If the charge of abuse / neglect is not supported by the DCF, the staff member may be considered exonerated and reinstated with back pay. Depending upon the circumstances, the employee may be subject to disciplinary action, including suspension without pay and re-training.
8. If the charge of abuse / neglect is supported, the staff person may be terminated from employment and may face legal sanctions.
9. Employees not reporting suspected abuse or neglect are subject to discipline up to and including dismissal.
10. DCF regulations provide the following pertinent definitions as guidelines for reporting:
A. Abuse – the non-accidental commission of any act by a caretaker, which causes or creates a substantial risk of harm or threat of harm to a child’s well-being
B. Neglect – Failure by a caretaker, either deliberately or through negligence, to take actions necessary to provide a child with minimally adequate food, clothing, shelter, medical care, supervision, or other essential care.
C. Serious physical injury (any non-trivial injury); death, malnutrition; and failure to thrive.
D. Serious emotional injury: an extreme emotional condition such as a severe state of anxiety, depression or withdrawal.