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Abuse Prevention and Reporting (Youth)

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Abuse Prevention and Reporting (Youth)

Adopted August 17, 2017

Amended as Recorded in Board Minutes

The Mishawaka-Penn-Harris Public Library is committed to providing a welcoming and nurturing environment to patrons of all ages. We maintain zero-tolerance for any actions that may jeopardize the safety, health or emotional well-being of minors. This policy establishes the standards by which MPHPL will prevent physical, emotional and sexual abuse of children and teens by our employees and volunteers.

Definition of Abuse

  • Physical Abuse: Injury inflicted on a child or teen
  • Sexual Abuse: Contact or activity of a sexual nature between an employee and a child/teen
  • Emotional Abuse: Mental or emotional injury inflicted on a child/teen by the actions of an employee
  • Neglect: Failure to provide adequate care for a child/teen
    • Child: Anyone between the ages of infant to 11 years of age
    • Teen: Anyone between the ages of 12-17 years of age

Policy Guidelines

MPHPL conducts the following pre-employment checks(1) on all individuals hired into the organization, regardless of the employee’s level of involvement with children and teens.

  • Standard employment application that includes signed authorization to perform necessary background checks
  • In-person interview of the candidate
  • Criminal background checks in all states
  • Sexual offender registry checks in all states
  • Drug-screenings

All information collected is reviewed and used to determine if a potential new hire is a good match for the respective position. If hired, all information collected is included in the employee’s permanent HR file, which will be maintained over the course of employment and post-employment with MPHPL.

MPHPL also conducts background checks on volunteers over the age of 18, as well as background checks on existing staff in compliance with all applicable laws including the Federal Fair Credit Reporting Act (FCRA).

(1) Pre-employment checks on all new hires effective June 1, 2017.

Structural Guidelines for Programs

All programs offered by MPHPL are designed to encourage safe interaction between employees and children or teens. The following guidelines ensure established safeguards are in effect:

  • Programs must have adult-to-child ratio of one adult per ten children and adult-to-teen ratio of one adult per fifteen teens.
  • Regarding policy for Unattended Children, the Programmer may act as the required Responsible Person provided the parent/guardian remains on the property.
  • Employees may not be alone with a child or teen in any areas that cannot be easily observed by others.
  • Employees may not introduce new activities or programs to children or teens without prior written approval from the department Coordinator.

General Conduct

In providing a safe and healthy environment, the following guidelines are intended to guide employees’ interactions with children and teens. These guidelines cannot and do not outline every situation that may be encountered while on the job, requiring employees to act with a personal degree of discretion. MPHPL reserves the right to discipline employees whose actions are found to be inappropriate regardless of whether they appear in this section:

  • Employees will treat all youth with respect and consideration. Treatment must be fair and equal, and must not be based on sex, race, religion, sexual orientation or economic or social status. All effort must be made to avoid favoritism or the appearance of favoritism.
  • When representing MPHPL, employees must not possess, distribute, use or allow others to use alcohol or drugs.
  • Employees must refrain from unauthorized off-the-clock relationships with our minor patrons.
    • Social networking must be done only through library forums.
    • Phone calls will be placed only for business notifications.
    • In-person contact taking place outside of library events (such as attending a graduation by invitation) requires Guardian pre-approval as well as notification of approval to Coordinator.
  • Employees must not use harsh or inappropriate language, degrading punishment or any type of restraining device.
  • Employees must not use physical punishment in any form. However, a person may use reasonable force to protect the person or a third party from what the person reasonably believes to be the imminent use of unlawful force or imminent serious bodily injury to the person or a third party.
  • Employees must not participate in or allow others to engage in any form of hazing.
  • Employees must not have sexual contact with children or teens.
  • Employees must not discuss their own sexual history, preferences or fantasies nor their use of illicit or pornographic materials.
  • Employees are not allowed to possess or use any sexually-oriented materials (books, magazines, videos, music, clothing) when conducting business in the name of MPHPL.
  • When one-on-one discussion is warranted, employee interaction with a child or teen will take place in an observable area that allows for private conversation while remaining in view of others.
  • Employees (per Indiana’s mandatory reporting law requires) with reasonable suspicion of child abuse (whether by a staff member, volunteer or patron) must report the suspicion to the Department of Child Services or local law enforcement (see Reporting Procedure below).

If at any time an employee feels an exception to any of the above was warranted, the employee must submit to Coordinator a written description of the incident and explanation for the exception. This report will be reviewed by the Director. A copy of the original report, along with any additional findings, made by the reviewer will be included in the employee’s permanent HR file.

Reporting Procedure

Patron Suspected of Child Abuse and Neglect: Any staff member who has reason to believe that a child is a victim of child abuse or neglect shall immediately report the matter to the Department of Child Services (DCS) or local law enforcement. Reports may be made orally or in writing. The DCS 24 hour hotline for receiving such reports is 1-800-800-5556.

Note: Employee may seek guidance from a Supervisor or may make the report without informing anyone at MPHPL.

Actual knowledge or a high level of certainty are not required by the law. Unless a report is made in bad faith, a person who reports suspected child abuse or neglect is immune from civil or criminal liability related to making the report, and the law presumes that a person making such a report is acting in good faith. Library employees are not required to inform a child’s parents that a report has been made to DCS about their child. The audio recordings of calls made to the child abuse hotline are confidential and may be released only upon court order. Failure to report suspected child abuse or neglect is a class B misdemeanor punishable by up to 180 days in jail and a fine of up to $1,000.

Employee Suspected of Child Abuse: Any staff member who has reason to believe that a child is a victim of child abuse by another employee shall immediately report the matter (1) to the Department of Child Services (DCS) or local law enforcement and (2) to Human Resources or the Library Director. Reports may be made orally or in writing. The DCS 24-hour hotline for receiving such reports is 1-800-800-5556. Before calling, see Reporting Suspected Child Abuse form (in Ready-Response Manual).

Employee Misconduct That Does Not Rise to the Level of Suspected Child Abuse: Any staff member who observes or has reasonable suspicion of employee misconduct as defined in General Conduct above must report misconduct to Human Resources or to the Director.

Investigation & Follow Up

MPHPL takes allegations of misconduct involving minors seriously. Once an allegation is reported, Human Resources and the Library Director will conduct a thorough and impartial investigation into the conduct committed by the target(s) of the investigation. MPHPL reserves the right to place the target(s) of the investigation on an involuntary leave of absence or consider re-assigning the person to other duties that do not involve personal contact with minors. To the extent consistent with legal reporting requirements, MPHPL will strive to keep the identity of the target(s) and the alleged victim(s) confidential to the fullest extent possible.

If the investigation substantiates the allegation, MPHPL’s policy provides for disciplinary action up to and including termination.

Retaliation

MPHPL prohibits retaliation against anyone who, in good faith, reports prohibited conduct. Retaliation towards a participant in an investigation is also prohibited.

Anyone who retaliates against someone who has made a good faith allegation or intentionally provides false information to that effect will be subject to discipline up to and including termination.