5141.4(a)
4218.25
Students
Responsibilities
Reporting of Suspected Child
Abuse and 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. In order to increase the student’s ability to learn while in school,
the Board of Education realizes the importance of identifying students who may
be suffering from abuse, neglect, or placed in imminent danger of serious harm.
When any school nurse, teacher, Principal, guidance counselor, paraprofessional
social worker, or coach has reasonable cause to suspect child abuse or neglect,
he/she shall consult with appropriate personnel and immediately make an oral
report within twelve (12) hours 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.
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.
5141.4(b)
4218.25
Students
Responsibilities
Reporting of Suspected Child
Abuse and Neglect (continued)
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 his/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 who
holds a certificate, permit or authorization issued by the State Board of
Education the Superintendent shall suspend the 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 school employee who possesses a
certificate, permit or authorization issued by the State Board of Education is
terminated as the result of an investigation of abuse, the Superintendent shall
notify the Commissioner of Education or his/her 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.
5141.4(c)
4218.25
Students
Responsibilities
Reporting of Suspected Child
Abuse and Neglect (continued)
Penalty
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.
Legal Risk
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.
Emergency Health Care and
Reasonable Injury
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, which constitute
ordinary negligence. The immunity does not apply to acts or omissions
constituting gross, willful or wanton negligence.
Interviewing the Child
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.
5141.4(d)
4218.25
Students
Responsibilities
Reporting of Suspected Child
Abuse and Neglect (continued)
Preparation for the Interview
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.
The Interview
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
Protection of children from abuse. Reports required of certain professional
persons. When child may be removed from surroundings without court order. (as
amended by PA 96-246, PA 00-220, PA 02-106 and PA 03-168)
17a-101a Report of abuse or neglect by mandated
reports. (as amended by PA 02-106)
17a-102 Report of danger of abuse. (as amended by PA 02-106)
17a‑106 Cooperation in
relation to prevention, identification and treatment of child abuse/neglect.
10-151
Teacher Tenure Act
Policy adopted: March
9, 2004 EAST
HADDAM PUBLIC SCHOOLS
Moodus,
Connecticut
5141.4(a)
4218.25
4118.25
Students
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.
Reporting of Child Abuse by School Employee
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 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.
5141.4(b)
4218.25
4118.25
Students
Reporting of Child
Abuse/Neglect
Reporting of Child Abuse by School Employee (continued)
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 48
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.
Reporting of Child Abuse Committed by School
Employees
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 72 hours by a written report to the Commissioner
of Children and Family Services, the State Police, and the Commissioner of
Education or his/her representative.
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.
5141.4(c)
4218.25
4118.25
Students
Reporting of Child
Abuse/Neglect
Reporting of Child Abuse by School Employee (continued)
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.
Removal of Clothing
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.
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.
5141.4(d)
4218.25
4118.25
Students
Reporting of Child
Abuse/Neglect
Emergency Care
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.
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.
Role of Department of Children and Family Services
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.
5141.4(e)
4218.25
4118.25
Students
Reporting of Child
Abuse/Neglect
Role of Department of Children and Family
Services (continued)
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.
Follow‑up Procedures for School Staff
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 72 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.
5141.4(f)
4218.25
4118.25
Students
Reporting of Child
Abuse/Neglect
Procedures for Use with the Mentally Retarded
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 Reference: Connecticut
General Statutes
17a‑101
Protection of children from abuse. Reports required of certain professional
persons. When child may be removed from surroundings without court order. (as
amended by PA 96-246, PA 00-220, PA 02-106 and PA 03-168)
17a-101a Report of abuse or neglect by mandated
reports. (as amended by PA 02-106)
17a-102 Report of danger of abuse. (as amended by PA 02-106)
17a‑106 Cooperation in
relation to prevention, identification and treatment of child abuse/neglect.
10-151
Teacher Tenure Act
Regulation approved: March
9, 2004 EAST HADDAM
PUBLIC SCHOOLS
Moodus,
Connecticut