The Advocate
Richard Blassberg

We Must Keep Child Protection Laws From Becoming Tools of Family Harrassment

Editor’s Note: In a County and State already heavily encumbered with social legislation, at times apparently intended to protect us from ourselves, it is essential that those entrusted with such authority employ
reasonableness and common sense in sufficient measure if well-meant laws are not to become vehicles of harrassment and wrongful prosecution. Likewise, such legislation must anticipate misuse and contain the necessary preventative safeguards.

Assemblywoman Paulin’s Bill on Child Abuse Passes Assembly and Senate

A bill sponsored by Assemblywoman Amy Paulin to improve the procedure for reporting child abuse passed both the Senate and the Assembly and is now awaiting the signature of Governor Spitzer.

“This legislation strives to make the process as efficient as possible,” said Assemblywoman Amy Paulin. “The person most directly observing the abuse, or its results, is the most able person to report the claim.”

This new bill, if signed into law, will amend the current Social Service Law by requiring teachers and other professionals who interact directly with children to report suspicions of child abuse, mistreatment or neglect, directly to the state agency. After the report has been made, the reporter must inform his or her supervisor and both the reporter and the supervisor will be listed as contacts for the State’s investigation.

In the past, teachers were required to report suspicions to their principals and it was left to the discretion of the principal as to whether or not the State Central Registry was contacted.

“In attending public hearings all over the state I learned that teachers were reporting suspicions of child abuse to their supervisors but the supervisors were not necessarily reporting these incidents to the State Central Registry.” said Assemblywoman Amy Paulin. “With this new legislation teachers who have suspicions of abuse call the State directly; they see something, they report it.”

Additionally, this legislation protects professionals who report a claim under the New York State Labor Law from having retaliatory action taken against them. Also, the bill clarifies the list of professionals who would be responsible to report such claims. It specifies “school officials” to include teachers, guidance counselors, school psychologists or social workers, school nurses, and administrators. Other responsible professionals outside the school district include physicians, mental health care providers, police officers, and various care givers.

Dr. Barbara Bernstein, Co-Chair of the Westchester Task Force on Child Abuse and Neglect, has been a strong supporter for this bill. “Mandated reporters of child abuse and neglect play a powerful role in protecting vulnerable children. By bringing to light situations of abuse, these circumstances can be investigated, and where appropriate, services and protections put into place for children. This task force has advocated for legislation to clarify the roles and responsibilities of mandated reporters and we are delighted that this bill does so while also protecting reporters. These changes should ease the process of reporting, which in the long run, will serve our children.”

A New York Mets Fan

A little boy in the Irvington school district just turned seven years old. Most seven-year-olds jump, flip, run and fall, and never worry about the outcome. However, this little boy, although physically able to, has a stress most of
us will never know. The Irvington School District has singled him out. Let me explain. Joey loves the Mets - he knows a great deal about the Mets and can easily hold his own in any conversation about them. Other than his outspoken love for the Mets he is a quiet, shy and playful child.

It all started a few months ago when Joey was playing with me (his mom), and his sisters. I went to grab for him and scratched his face accidentally. A few days later Joey told me that his teacher asked him, as he was getting on the school bus to come home, how he had gotten that scratch. He innocently replied, “Oh, my mom scratched me” and proceeded to get on the bus. Child Protective Services was soon at my home. While I was very upset, I, nevertheless, allowed them full entry and full range in speaking with all my children. I have four children who are all in the Irvington School System.

I went to the school that evening and spoke with the principal, Mr. Joseph Rodriguez. I asked what happened and why the matter was handled so poorly. His explanation was that it was a judgment call on the teacher’s part. I cried, and asked him how someone with little knowledge about my child or my family could determine abuse. It was only the beginning of the school year. They never asked Joey to explain what happened and never asked how it happened. He didn’t lie. I did do it, but purely accidentally. The shocker is that the teacher at the time, Ms. Dempsey, reported to Child Protective Services, “Joey was smacked so hard by his mother that it left open wounds on his face.” The only mark was a scratch the size of a pea, no bruising, no swelling, no welts, just a small scratch.

This was an outright lie and an absurd exaggeration by an inexperienced teacher. When I spoke with Mr. Rodriguez, I explained that I am not comfortable with Joey’s teacher. She accused me of harming my child without any facts to back it up. I wanted Joey out of her class. Mr. Rodriguez, understanding my position, switched Joey the next day to Ms. Warager. After a two month investigation, it was noted that the complaint was “unfounded” and it was dismissed. Time went by, and all through the year Joey would come home and say his
teacher would ask him questions about other scratches or booboos he had. How naive was I to think that the harassment would stop even with a new teacher? It was soon to be his 7th birthday and to no one’s surprise it was going to be a Mets theme. He wore a large Mets tattoo on his face that covered his whole right cheek.
He fussed when I told him he could not go to school with the tattoo. But, because it was his birthday, I gave in and let him wear it one more day. He went to school with it on and the teacher, as well as all of his classmates, could not have missed it. After all, if they can see a small scratch on his face, they simply could not miss this huge Mets tattoo. That day he came home from school and he was asked to wash it off and he did. He used a towel, wet the end and started scrubbing it off. He rubbed so hard he reddened his skin. It looked almost like rug burn on his cheek. When I came home from work, I asked him what happened and he said, “I scrubbed off my tattoo.” My response was “With what, sandpaper”? He said, “No, mom a towel.” I asked if it hurt. He said no and our night went on.

The next day I was at work and I received a phone call from Child Protective Services. They said they needed to come to my home again because of the mark on Joey’s face. Upon receiving this phone call I immediately called to speak with Mr. Rodriguez, the principal. I asked, “How could you do this to my child and my family again?” I was being profiled and harassed. His explanation was “a judgment call.” I asked, “Based on what? When Joey was asked about the mark what did he say?” The principal admitted Joey had told him he washed a tattoo off with a towel. So what was the problem? He also told the teacher the same thing. Are they calling Joey a liar?

Mr. Rodriguez said he didn’t see Joey the day before so he didn’t know if the tattoo was there. I replied, “Well his teacher was there. She saw it. Common sense would prove Joey’s story.” Mr. Rodriguez replied “Well I didn’t question Ms. Warager about that.” This is another example of poor communication and bad judgment on the part of both the teacher and principal. I hung up with him, finished my day of work stressed and upset, and went to pick up Joey.

Joey seemed upset when I picked him up from the after-school program. He said his teacher asked him what happened again and again, and even sent him to the principal’s office so he could see it. He told me he does not like to be sent to the principal’s office. He said he told his teacher that he washed his tattoo off with a towel but she kept asking him over and over. Child Protective Services came again that day and were allowed to go through the entire house, open every door in the home, interview every family member and again the complaint was “unfounded”.

Children and the elderly are often at risk for abuse. I am all for protecting children from harm. However, there are other factors that go into abuse and neglect. The Irvington School District and Principal Joseph Rodriguez
missed a few things. They should be mandated to routinely send inexperienced staff to attend classes on how to identify certain “flags” of child abuse. The school has a psychologist on staff. Why was she not consulted on this matter? She is a professional. Joey was never sent to see her once during the year. If it is suspected that Joey is being abused he should be sent to the psychologist for a professional opinion. This is blatant, unfounded harassment, bad judgment calls, and sheer lies. I would like an investigation that would reveal how many calls are placed by the Irvington School District, Dows Lane specifically, and what the odds are of one family being targeted twice within a few months of each other? Are other families visited when their child appears with bruises or scrapes? I have seen many children at the school with either stitches, casts or a brace. Was CPS called on these children as well?

If this is indeed the school’s policy, then the records will have to show multiple cases of abuse being reported. We cannot believe that Joey is the only 7-year-old child with a cut and scrape on his body. If the policy is to ask the child what happened and, even after the child states he did it, three times, to still report it to officials, there must be multiple records indicating this. How can the teachers decide which child is telling the truth and which child is not? They are only mandated to report, not to make a determination. So, therefore, every bruise should be reported. How do they determine which parents are abusive? Do they go by which parent they see all the time? Maybe they go by who volunteers more. Either way it’s a failing system. Either way people are given power to falsely accuse others and lie outright with no repercussions for their lies.

It’s not like Joey’s scrapes were so ‘out there’ that it should have even been considered suspicious. I believe the teachers are not trained to determine who is - so all injuries should be reported. This can be easily proven. Most importantly, what about little Joey? I watched the other day when he was at bat with his friends. He hit the ball and, while running to first base, fell and scraped his knee. He brushed it off as most 7-year-olds do. The following day it was time for school and when I took out his clothes he became upset. He refused to wear the shorts I had taken out for him. He began to cry and said he did not feel well enough to go to school. Only after a lengthy conversation did I find out he was scared that his teacher would question him and send him to the principal’s office.

He was afraid “they” (CPS) would come back and question him again and ask him if his mom hurts him. Joey said, “Why would a mommy hurt their kid? That’s so dumb. I don’t like them thinking that you hit me. You’re the best mommy.” The very system that was designed to protect children is causing them unnecessary pain and fear. I have requested a meeting with school officials because of the fear they have inflicted on Joey. You would think at the very least the school would be concerned enough to extend a phone call to the family to bridge the gap. At the very least the principal and teachers that saw fit to disrupt an entire family’s life twice would be concerned enough to follow up with a phone call or letter. How the principal and teacher are unable to make the connection that the interaction between school and family is vital to a child’s well-being and success is of great concern to us.

They have succeeded in Joey’s no longer liking school and being afraid to play because he might fall down. He worries about things like, “If I fall down and hurt myself my teacher is going to blame my mommy.”

Do you have a young child or grandchild? Just do a quick look over their bodies and ask yourself how you would like strangers coming into your home at dinner time, interrogating your entire family because inexperienced staff want to be heroes. The school’s actions have proven twice to be dysfunctional, false and not in the best interest of the child.

Natasha Clewell, Irvington