8462 - MANDATORY REPORTING OF CHILD ABUSE OR NEGLECT AND THREATS OF VIOLENCE
Board policy strictly prohibits child abuse, neglect, or threats of school violence, in addition to articulating legal standards which compel reporting of suspected incidents of child abuse, neglect, or the threat of abuse or neglect or the threat of violence targeting a school which poses a serious or imminent threat to the health or safety of any person (See Policy 8462 and Policy 8462.01).
Staff members are required to make a report to the proper legal authorities if, in the course of performance of a staff member's responsibilities, they have (a) any reasonable cause to suspect that a child has been abused or neglected; (b) reason to believe that a child has been threatened with abuse or neglect and that abuse or neglect of the child will occur; and (c) good faith belief, based on a threat made by an individual regarding violence in or targeted at a school, that there is a serious and imminent threat to the health or safety of a student, school employee, or the public.
The District furthers this policy by:
- implementing and enforcing a mandatory reporting policy and procedure, Policy 8462.
- providing training on the requirements for mandatory reporting which shall also include training on identifying the warning signs of a child that has been or is threatened with abuse and neglect.
- conducting background checks, including reference checks on all employees which include components designed to identify persons that have previously engaged in inappropriate conduct directed towards children.
- providing education and other awareness efforts to students designed to improve awareness of the warning signs in a child that has been or is threatened with being abused or neglected, and providing resources for such persons to involve a responsible adult and/or to assist a peer in such a circumstance.
- evaluating other efforts to promote and maintain a safe environment, including initiatives to prevent abuse and neglect.
Reporting Suspected Child Abuse or Neglect
In compliance with Board policy and State law, staff members are required to report to the proper legal authorities if they have any reasonable cause to suspect that a child has been abused or neglected or reason to believe that a child has been threatened with abuse or neglect and that abuse or neglect of the child will occur. The child may suffer from physical abuse or neglect, sexual abuse, and/or emotional damage. Physical abuse is physical injury inflicted on a child by other than accidental means; neglect is failure, refusal, or inability on the part of a caregiver, for reasons other than poverty, to provide necessary care, food, clothing, medical, or dental care or shelter so as to seriously endanger the physical health of the child; sexual abuse is any sexual activity or behavior involving a child; and emotional damage is harm to a child's psychological or intellectual functioning evidenced by one or more of the following characteristics exhibited to a severe degree: anxiety; depression; withdrawal; outward aggressive behavior; or a substantial and observable change in behavior, emotional response, or cognition that is not within the normal range for the child's age and stage of development.
Staff members are required to report to the proper legal authorities if they believe, in good faith, based on a threat made by an individual and observed in the course of professional duties regarding violence in or targeted at a school, that there is a serious and imminent threat to the health or safety of a student or school employee or the public.
Procedure for Reporting
Staff members shall immediately inform, by telephone or personally, the county child protective services (or department or a licensed child welfare agency under contract with the department) or local law enforcement of the facts and circumstances contributing to a suspicion of child abuse or neglect or of unborn child abuse or to a belief that abuse or neglect will occur. Staff members shall immediately inform, by telephone or personally, a law enforcement agency of the facts and circumstances contributing to the belief that there is a serious and imminent threat to the health or safety of a student or school employee or the public.
To the extent possible, the oral report should include the following information:
the name, address, and telephone number of all of the following:
the reporter
the alleged child victim
the caretaker or guardian, if different from caretaker, of the alleged child victim
the approximate age and what is known of the child's behavior and level of functioning;
when and where the alleged abuse or neglect occurred, the type, extent, and duration of the alleged abuse or neglect, and the child's current condition;
when, where, and how the child is at risk of abuse or neglect;
the circumstances surrounding the alleged abuse or neglect or any other information which might be helpful to establish the cause of abuse or neglect;
what is known about the behavior and functioning of the caretaker of the alleged child victim;
whether or not anything has been done to reduce the risk to the child;
what actions have been taken, such as photographs, medical attention, or notification of law enforcement officials or other persons;
the identity and current whereabouts of the alleged perpetrator, the relationship of the alleged perpetrator to the alleged child victim, and the access s/he may have to the child;
any knowledge of other children living in the home, and if so, their names, approximate ages, and relationship to the alleged child victim;
any knowledge if other children in the home are currently or have been alleged victims of child abuse or neglect, and if so, their names and approximate ages, and the identity of the alleged perpetrator;
the identity and location of anyone else with knowledge of the current allegation of abuse or neglect.
Notify the student's Principal that a report has been made. The Principal shall ensure that the suspected case has been properly reported; and, if not, s/he shall ensure that an appropriate oral report is made immediately. The Principal shall notify the District Administrator that a report has been made and the status of any investigation.
Since it is the responsibility of the social worker and/or law enforcement agency to investigate possible abuse and/or neglect, school personnel should not pressure the child to divulge information regarding any injury or other circumstances surrounding the abuse and/or neglect. The school staff member need not prove that abuse and/or neglect exists before reporting. They need only suspect that abuse and/or neglect has occurred, is currently occurring, or is likely to occur. Staff are not to investigate concerns prior to reporting.
Investigation of Child Abuse or Neglect
Investigators who seek to interview a student who is a suspected victim of abuse or neglect must make the request to the Principal who shall determine from the investigator whether or not it is appropriate to notify the student's parents. If it is appropriate, the Principal should notify the parents of the time and place of the impending interview.
If the interviewer directs that parents are not to be notified, the Principal shall record this direction on Form 8462 F1. The Principal shall sign this record and maintain it in the school files.
The Principal will maintain contact with the investigating agency during the investigation period and determine what action, if any, was taken to protect the health and welfare of the child or unborn child who was the subject of the report.
Reporting of Threats of School Violence
Staff members shall immediately inform the local law enforcement agency, by telephone or personally, of the facts and circumstances contributing to the staff member's good faith belief that there is a serious and imminent threat to the health or safety of a student, school employee, or the public. The report shall include the specific details concerning the threat of violence in or targeted at a school.
The staff member making a report shall also notify the Building Principal that a report has been made. The Principal shall ensure that the suspected case has been properly reported; and, if not, s/he shall ensure that an appropriate report is made immediately. The Principal shall notify the District Administrator that a report has been made and the status of any investigation. The District Administrator shall designate a contact person for law enforcement for any subsequent investigation process.
The District Administrator and building principal shall assure that any applicable protocols in the District's safety plan are implemented.
TRAINING
Every employee of the District must receive training within the first six (6) months after commencing employment with the District and at least once every five (5) years after that initial training. The training shall include the following:
- identifying children who have been abused or neglected and, in the laws and procedures governing the reporting of suspected or threatened child abuse and neglect;
- the laws governing the reporting of a threat of violence.
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