Youth Services Law

Families First Coronavirus Response Act Posting Requirements

Coronavirus

The Families First Coronavirus Response Act (“FFCRA”) requires covered employers to post a notice regarding the law’s requirements.

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CARES Act EIDL Loans and Emergency Grants

Coronavirus

CARES Act EIDL Loans and Emergency Grants

Upon approval of the Senate’s CARES Act, many small businesses will be able to obtain Section 7(a) SBA loans under the Paycheck Protection Program (which also allows for loan forgiveness). The regulations for the new Paycheck Protection Program Act may take time to implement and borrowers who have an extremely limited headcount may not be qualified. If you do not have time to wait for the Paycheck Protection Program Act to go into effect and have fewer salaried employees, you may want to consider filing for an Economic Injury Disaster Loan (EIDL).

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Shutdowns and Child Care Centers

Coronavirus

In the last 24 hours, we have seen three shutdown orders, only two of which affect Georgia child care centers. Under Mayor Bottom’s order, Atlanta residents are confined to their homes, but the order specifically exempts child care centers as essential businesses.  The mayor of Savannah’s order exempts child care centers providing services to employees of other exempt businesses and has several restrictions.  

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Covid-19 and Employee Privacy

Coronavirus

The Covid -19 pandemic has brought into focus issues relating to workplace health and safety and their interplay with employee privacy. An employer is required to maintain a safe workplace pursuant to the Occupational Safety and Health Act (“OSH Act”).

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How the Families First Coronavirus Response Act Could Impact Employers

Guy Looking at Buildings at Piedmont Park

On March 13, 2020, House Speaker Nancy Pelosi and Treasury Secretary Steve Mnuchin, acting on behalf of the White House, reached a deal for a coronavirus economic relief deal, and the House passed it that evening. H.R. 6201, named the "Families First Coronavirus Response Act" could affect employers with less than 500 employees in a number of ways, including requiring paid FMLA and sick leave. (Employers with 500 or more employees will not be affected.)

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Mandated Reporting: Unsupervised Children

child running in neighborhood across crosswalk

One vexing question in the mandated reporter area is when to report children who appear to have no adults supervising them. It is more difficult than most situations of abuse or neglect because there is a growing body of research that children need unsupervised time to develop into psychologically healthy adults.

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Mandated Reporting: Emotional Abuse

mother criticising daughter

One area of mandated reporting that is included in most state statutes but rarely explained is emotional abuse. I see emotional abuse listed often in training programs, but there is little discussion of what it looks like or when to report. I also have seen no prosecutions for failure to report emotional abuse. Nevertheless, emotional abuse is a mandated reporter’s responsibility in most states.

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Mandated Reporting: More Cautionary Tales

Teddy Bear hiding eyes

I’ve run across several news reports that illustrate how strictly authorities are applying mandated reporter laws. In this case from Colorado, a stepfather allegedly told a school principal that a school social worker had inappropriately touched a nine-year-old child. I have not been able to find any description of what the stepfather actually said, but the judge stated that “it was very difficult to discern” what the report was. Nevertheless, according to this account, the judge decided that the principal had “reasonable cause” to believe abuse had occurred.

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Mandated Reporting: Consensual Sexual Play

group of children playing

One question that I often hear from child care centers is whether we are required to report sexual play between children. As usual, the question is “it depends.” Some types of sexual play are normal and developmentally appropriate, and warrant nothing more than redirection and teaching about social norms. Other types can be signals of sexual abuse and require more formal intervention. We don’t want to miss signals of abuse, but neither do we want to overreact to normal child development.

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Mandated Reporting: Teens and Sex

Teenager texting

Organizations working with teenagers face questions of sexual behavior in several different situations. The most common issues that I see are (1) “sexting,” or sending sexually explicit photos to each other, (2) horseplay that turns sexual, and (3) consensual sex. Whether these require a report to authorities or only an internal response depends on several different circumstances.

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