4118.25(a)
4218.25
Personnel – Certified/Non-Certified
Responsibilities
Reporting
of Suspected Child Abuse/Neglect
The Board of Education recognizes that a
student's mental and physical health will have an affect on the student's
ability to obtain the most benefit from attending school. The Board of
Education realizes the importance of identifying students who may be suffering
from abuse or neglect. When any school nurse, teacher, principal, guidance
counselor, paraprofessional or social worker has reasonable cause to suspect
child abuse or neglect, he/she shall immediately make an oral report by
telephone or otherwise to the Department of Children and Families (DCF).
Reports of abuse or neglect to DCF by the
above-mentioned personnel ("mandatory reporters") shall include the
following information, if known:
1. The names and addresses of the child and
his/her parents or other person responsible for the child's care;
2. The
age of the child;
3. The
gender of the child;
4. The
nature and extent of the child's injury or injuries, maltreatment or neglect;
5. The
approximate date and time the injury or injuries, maltreatment or neglect
occurred;
6. Information concerning any previous
injuries to, maltreatment of or neglect to the child or his/her siblings;
7. The circumstances in which the injuries,
maltreatment or neglect came to be known to the mandatory reporter;
8. The name of the person or persons
suspected to be responsible for causing such injury or injuries, maltreatment
or neglect; and
9. Whatever
action, if any, was taken to treat, provide shelter or otherwise assist the
child.
4118.25(b)
4218.25
Personnel – Certified/Non-Certified
Responsibilities
Reporting
of Suspected Child Abuse/Neglect (continued)
If the mandatory reporter did not earlier
provide all the above information to DCF in his/her oral report, the reporter
shall submit a written report to DCF containing such information within 48
hours of making an oral report. The reporter shall also submit a written report
containing such information to the Superintendent of Schools. If the report
concerns abuse or neglect by a certified school employee, the Superintendent
shall then send the written report to the Commissioner of Education. The
Superintendent shall also immediately notify the child's parent or other person
responsible for the child's care that a report of abuse or neglect has been
made.
Reports to DCF should be made where a
mandatory reporter in his/her professional capacity, has reasonable cause to
suspect or believe that any child under the age of eighteen:
1. Has had non-accidental physical injury, or injury which is at
variance with the history given of such injury inflicted upon him/her by a
person responsible for such child's health, welfare, or care or by a person
given access to such child by such responsible person;
2. Has
been neglected in one or more of the following ways:
a.
Has been abandoned;
b. Is being denied proper care and
attention, physically, educationally, emotionally, or morally;
c. Is being permitted to live under
conditions, circumstances, or associations injurious to the child's well-being;
or
3. Is in danger of being abused,
regardless of whether there is reasonable cause to suspect or believe any such
abuse has actually occurred.
When an investigation by DCF produces
evidence of child abuse by a school employee in a position requiring a State
Board of Education issued certificate, permit, or authorization, the
Superintendent shall suspend the certified professional employee with pay and
without termination of benefits, and shall notify the Board of Education and
the Commissioner of Education or his representative of the reasons for and
conditions of the suspension within seventy-two (72) hours after the
suspension. If the contract of employment of a certified school employee is
terminated as the result of an investigation of abuse, the Superintendent shall
notify the Commissioner of Education or his representative within seventy-two
(72) hours.
The Superintendent is authorized
to delegate his or her responsibilities for receiving and making reports,
notifying and receiving notification, and conducting investigations to a
designee acting in his or her behalf. Under state law, the Superintendent of
Schools is authorized to receive notice from the State's Attorney of
convictions of certified school employees for crimes involving an act of child
abuse or neglect or sexual assault.
4118.25(c)
4218.25
Personnel – Certified/Non-Certified
Responsibilities
Reporting
of Suspected Child Abuse/Neglect (continued)
Under state law, any person who is required
to report suspected child abuse/neglect and fails to make such a report shall
be fined up to $500.00. Under state law, any person who knowingly makes a false
report of child abuse or neglect shall be fined no more than $2,000 nor
imprisoned not more than one year or both.
Under state law, any person who in good
faith makes a report of suspected child abuse/neglect is immune from any civil
or criminal liability.
When reasonable cause to suspect or believe
that a child has been abused or neglect exists or when a child has a visible
injury, public school personnel may make reasonable inquiry of the child
regarding such suspicion or visible injury.
If a school nurse or school
medical advisor is not readily available and the rendering of emergency first
aid is necessary, other public school personnel who have completed a course in
first aid offered by the American Red Cross, the American Heart Association, or
the Connecticut Department of Health Services may render such emergency first
aid to a child. In accordance with state law, any person providing such aid is
not liable for civil damages for any personal injuries which result from acts
or omissions by such person rendering the emergency first aid, constitute
ordinary negligence. The immunity does not apply to acts or omissions
constituting gross, willful or wanton negligence.
Public school personnel who believe that an
interview in the school setting may be necessary in order to protect the child
must notify DCF as early in the day as possible to provide both DCF and the
school administration ample time to coordinate appropriate activities and
actions. Upon receipt of such notice, DCF will advise school personnel whether
the child must be interviewed in the school. If school personnel decide to
retain the child after the scheduled school day in order to ensure an interview
by DCF or local or state police, school personnel must attempt to notify the
parents of the child, except where the alleged abuse involves the parents.
4118.25(d)
4218.25
Personnel – Certified/Non-Certified
Responsibilities
Reporting
of Suspected Child Abuse/Neglect (continued)
If DCF determines that a school interview is
appropriate, the DCF social worker shall be required to notify the
Superintendent of Schools prior to the school visit with as much advance notice
as possible. The DCF social worker shall provide the Superintendent of Schools
with a DCF identification. If the DCF social worker is not known to school
personnel, a verifying call to the local DCF office shall be made. If deemed
appropriate by DCF or the administration, the parent or guardian of the child
will be notified prior to the interview. DCF personnel are solely responsible
for scheduling such interviews. If the DCF social worker does not arrive as
scheduled and school personnel decide that the retention of the child beyond
the school day is necessary to protect the child's physical well-being, school
personnel must attempt to notify the parents of the child that the child will
be late, except where the alleged abuse involves the parents.
To ensure confidential communication, the
school administration shall provide a private place to interview the child. As
part of the investigative process, the DCF social worker may request that
school personnel be present during the interview. The investigation is to be
conducted solely by the DCF social worker.
The removal of clothing as part of an
investigation into an injury which may have been caused by child abuse shall be
done only at the request of the school medical advisor or the school nurse.
Legal Reference: Connecticut General Statutes
17a-101
et seq, as amended by PA 96-246, PA 00-220, PA 02-106 and PA 03-168
Policy
adopted: July 8, 2003 EAST HADDAM
PUBLIC SCHOOLS
Moodus,
Connecticut
4118.25(a)
4218.25
Personnel – Certified/Non-Certified
Reporting
of Child Abuse/Neglect
This
regulation is intended to safeguard children whose health and welfare may be
adversely affected through injury and neglect, and to ensure a nurturing and
safe environment. Reports should be made where there is reasonable cause to
suspect or believe that any child under the age of 18:
1. Has had
physical injury or injuries inflicted upon him/her (other than accidental
means) by a person responsible for the child's health, welfare, or care, or by
a person given access to the child;
2. Has injuries which are at variance with
the explanation given of their occurrence;
3. Is in a
condition which is the result of maltreatment such as, but not limited to,
malnutrition, cruel punishment, sexual abuse, sexual exploitation or
deprivation of necessities;
4. Has been neglected in one or more of the
following ways:
a. Has
been abandoned;
b.
Is being denied proper care and
attention physically, educationally, emotionally or morally;
c.
Is being permitted to live under
conditions, circumstances or associations injurious to the child's well-being;
d.
Is in danger of being abused even
though one does not have reasonable cause to suspect or believe any such abuse
has actually occurred.
1. Any member
of the certified staff, medical/health staff or other staff member who suspects
that a child under the age of 18 has been the victim of child abuse shall
immediately report such suspicion to the building administrator.
2. The
building administrator shall make or cause to be made an oral report of the
suspicion to the Commissioner of Children and Family Services or his/her
designee, and to the Connecticut State Police. Should the building
administrator not make the report to the Commissioner of Children and Family
Services, the staff member who had cause to suspect child abuse, shall, as a
mandated reporter, be responsible for making the necessary oral report.
4118.25(b)
4218.25
Personnel – Certified/Non-Certified
Reporting
of Child Abuse/Neglect
3. The
building administrator shall orally inform the Superintendent of Schools that
such an oral report has been made and shall make a written report within 72
hours to the Commissioner of Children and Family Services with a copy to the
Superintendent of Schools.
4. The report
must name the child, parents, child's age, nature and extent of the injuries
and any other information that might be helpful in protecting the child.
5. The
decision to notify the parents that a report has been made will be made by the
building administrator based upon the facts as they are known.
1. Any member of the staff mentioned above who has reasonable
cause to suspect a child has been abused by a school employee must report that
abuse to the Superintendent.
2. The
Superintendent shall immediately notify the child's parent or guardian and make
an oral report immediately by telephone or otherwise to the Commissioner of
Children and Family Services and the State Police.
3. This report
must be followed within 48 hours by a written report to the Commissioner of
Children and Family Services and the State Police.
4. The report
must name the child, parents, child's age, nature and extent of injuries, the
name of the suspected school employee, and any other information that might be
helpful in protecting the child.
5. The
Superintendent is obligated to investigate the report, and if he/she finds
evidence of child abuse by a school employee, must notify the child's parent or
guardian, State Police, the Commissioner of Children and Family Services and
the Commissioner of Education in the case of certified employees.
6. When an
investigation produces such evidence, the Superintendent may suspend the
employee with pay and without termination of benefits, provided he/she notifies
the Board of Education of the reasons for the suspension within 72 hours.
4118.25(c)
4218.25
Personnel – Certified/Non-Certified
Reporting
of Child Abuse/Neglect
7. Any
decision by the Superintendent of Schools concerning such suspension shall
remain in effect until the Board of Education acts pursuant to CGS Section
10-151 or other appropriate statutes.
8. Upon
written notification from the state's attorney to the Superintendent of Schools
that an employee has been convicted of abusing a school child, the
Superintendent may recommend the Board of Education take appropriate
disciplinary action. In the event the employee is certified, a request for
certification revocation shall be made.
9. The
Superintendent is authorized to delegate his/her responsibilities for receiving
and making reports, notifying and receiving notification and conducting
investigations to a designee acting on his/her behalf.
In the
event that visual confirmation of injury or neglect is necessary, only the
school nurse or school doctor may request or remove the child's clothing. The
school nurse or school doctor may request that a child remove clothing when the
following three conditions exist:
1. A child, by
word or action, has identified a particular injury, the extent of which can
only be determined by removing the child's clothing.
2. The
examination is necessary to provide emergency medical attention and not merely
to confirm suspected abuse.
3. The
request is made in such a manner that the child clearly understands that
compliance with the request is optional and that no adverse consequences will
result from a refusal to comply.
Reporting of Child Abuse/Neglect
In
addition to the school nurse or school doctor, a staff member of the same sex
as the child will be present during such an examination except when absolutely
impossible.
If a
school nurse or school medical adviser is not readily available and there is a
need for emergency first aid, other public school personnel who have completed
a course in first aid may render emergency first aid to the child. (A person
providing such aid is not liable for civil damages for any personal injuries
which result from acts or omissions in rendering the emergency first aid). If a
qualified first aid provider is not available, the school should follow its
emergency procedure rules for securing such aid for the child.
4118.25(d)
4218.25
Personnel – Certified/Non-Certified
Reporting
of Child Abuse/Neglect
Transportation
for a child to a hospital in an emergency situation that may be a result of
abuse or neglect will be provided to the same extent as it would be provided to
any other child in need of emergency service.
1. Determination
of Need (In-school Interview)
If DCF
determines a school interview is appropriate, the DCF social worker should
notify the Building Principal prior to the school visit. The Building Principal
should request the DCF worker provide appropriate DCF identification prior to
being given access to any child.
Should the
DCF social worker not arrive as scheduled and school personnel decide the
retention of the child beyond the school day is necessary to protect the
child's physical well‑being, the Principal or his/her designee must attempt
to notify the parents of the child. If reasonable attempts to notify the
parents fail, the Principal will request the assistance of the State Police in
guaranteeing the safety and physical well‑being of the child.
If, during
the course of the investigation, the DCF worker requests the removal of
clothing worn by the child, the examination will be made by the school nurse or
school doctor in the presence of the DCF worker and in accordance with the
procedures outlined above.
2. Process
(In‑school Interview)
The school
will provide a private place for the DCF worker to interview the child. School
personnel will not be part of the interview unless specifically asked to do so.
3. Removal
from the Home and/or School
If DCF has probable cause to believe the child is
suffering from serious physical illness or injury or is in immediate danger
from his/her surroundings and immediate removal from such surrounding is
necessary to ensure the child's safety, DCF may remove or authorize a law
enforcement official to remove the child from such surroundings without the
consent of the child's parent or guardian. If removal of the child from the
school is determined to be necessary, DCF shall inform the Building Principal
of the removal.
It is the
responsibility of DCF to notify the parents of any activities or actions taken
by DCF following the interview.
4118.25(e)
4218.25
Personnel – Certified/Non-Certified
Reporting
of Child Abuse/Neglect
1. Notification
of Parents
If the alleged
perpetrator of the abuse does not reside in the home with the child, the school
social worker, the Principal or the team designee may notify the parent that a
referral has been made.
If the
alleged perpetrator of the abuse is in the home and/or in the judgment of the
Principal and/or student protection team the parent may punish the child for
revealing the abuse, the notification of the parent of the child abuse referral
will be done by the Department of Children and Family Services worker.
2. Written
Report
A written
report (DCF‑136) is sent to the DCF regional office within 48 hours and
is signed by the Principal, social worker, or student protection team designee.
A copy is sent to the Superintendent of Schools and a copy is kept in the
Principal's confidential file.
Communication
will be established and maintained between the DCF worker and the school social
worker who will confer with the school staff as necessary.
In case
of suspected abuse or neglect of mentally retarded adults between 18-21 years
of age, oral and written reports of suspected abuse will be made to the Office
of Protection and Advocacy for the Handicapped and Developmentally Disabled
Persons.
Legal References: Connecticut General Statutes
17-38
Ill-treatment of Children
17-38a Protection of children
from abuse. Reports required of certain professional persons. When a child may be removed from surroundings
without a court order.
17-38b
Report of danger of abuse
17-38f
Cooperation in relation to prevention, identification and treatment of child
abuse/neglect
P.A.
89-168 Child abuse and the prevention of youth suicide
Regulation approved: July
8, 2003 EAST
HADDAM PUBLIC SCHOOLS
Moodus,
Connecticut