As educators, we play a crucial role in protecting the children under our care. One of the most important responsibilities we have is reporting suspected child abuse or neglect. However, there's a common misconception that needs to be addressed: reporting concerns to school administration alone is not sufficient to meet your legal obligations as a mandatory reporter.

The Legal Requirement

Recent changes (see attached PDF at the end of the article) to Louisiana law have clarified and strengthened the requirements for mandatory reporters, including teachers and other school staff. According to the updated Louisiana Children's Code, specifically Article 610(A), mandatory reporters must report suspected child abuse or neglect immediately and directly to the proper authorities. Under Article 603(17), teachers are considered "mandatory reporters".

 Internal Reporting Is Not Enough

While it's often a good practice to inform your principal or other administrators about your concerns, this internal reporting does not replace your legal obligation to report to the designated authorities. Here's why:

1. Legal Compliance: The law specifically requires direct reporting. Article 610(A)(1)(a) & (b) of the Louisiana Children's Code states that reports shall be made "immediately" to either the Department of Children and Family Services (DCFS) or law enforcement, depending on the situation.

2. Timeliness: The law emphasizes immediate reporting. Internal school procedures may cause delays that could put a child at further risk.

3. Accountability: By reporting directly, you ensure that the information reaches the proper authorities without any potential filters or interpretations by intermediaries.

4. Protection: Direct reporting provides you with legal protections afforded to mandatory reporters, which may not apply if you only report internally.

How to Report

The law provides clear guidelines on how to make a report:

1. If you suspect abuse by a parent, caretaker, or someone in a similar role, report to DCFS. (Article 610(A)(1)(a))
2. If you suspect abuse by someone other than a caretaker, or abuse by a teaching or child care provider, report to local or state law enforcement. (Article 610(A)(1)(b))
3. Reports to DCFS can be made via phone hotline, online portal, or in person at a child welfare office. (Article 610(A)(2))

Dual Reporting Is Permitted

Article 610(A)(1)(c) explicitly states that "Dual reporting to both the department and the local or state law enforcement agency is permitted."

Protection for Reporters

The law provides protection for mandatory reporters who make reports in good faith. Article 610(A)(3) specifically prohibits employers from preventing mandatory reporters from complying with the law and includes penalties for employers who do so. It states:

"If a mandatory reporter is prohibited from immediately making the report required by this Chapter to the department or local or state law enforcement because of an employer's policies or employee manual, the mandatory reporter shall file a complaint with local or state law enforcement. Local or state law enforcement shall investigate the complaint and an employer violating this Chapter shall be subject to the penalties provided for in R.S. 14:131.1 and 403."

Conclusion

As educators, our primary responsibility is to ensure the safety and well-being of our students. While internal reporting procedures can be valuable for school operations, they do not replace our legal obligation to report suspected abuse or neglect directly to the appropriate authorities, as clearly outlined in the Louisiana Children's Code.

By understanding and following these requirements, we can better protect the children in our care and fulfill our legal and ethical responsibilities as educators. The law is designed to ensure that reports are made promptly and directly to the agencies best equipped to investigate and respond to potential abuse or neglect.

Remember, when in doubt, it's always better to report. Your action could make a crucial difference in a child's life.