8462 - CHILD ABUSE OR NEGLECT

Perry Local School District

Administrative Guidelines

8462 - CHILD ABUSE OR NEGLECT

In compliance with Board of Education policy and State statute, Board employees are required to report to the proper legal authorities any sign of child abuse or neglect. The child may suffer from physical abuse and neglect, sexual abuse, and/or emotional maltreatment. Basically, physical abuse is the nonaccidental, physical injury of a child; physical neglect is the failure to provide adequate parental care, support, medical attention, and education for a child; sexual abuse is any indecent sexual activity involving the child; and emotional maltreatment is the failure to provide warmth, attention, supervision, and/or normal living experiences for a child. This applies to students under the age of eighteen (18) and students under the age of twenty-one (21) who are physically impaired, mentally retarded, or developmentally disabled.

The following definitions shall apply:

Abused Child

Refers to a child who is a victim of sexual activity; is endangered under criminal law; exhibits evidence of any physical or mental injury or death inflicted by other than accidental means; or because of acts of the child's parents, guardian, or custodian, suffers physical or mental injury that harms or threatens to harm the child's health or welfare.

Neglected Child

Refers to any child who is abandoned, lacks adequate parental care because of the faults or habits of the child's parent, guardian, or custodian, or meets other criteria established by law.

Mental Injury

Refers to any behavioral, cognitive, emotional or mental disorder in a child caused by an act or omission that is described in the statute prohibiting the offense of endangering children and is committed by the parent or other person responsible for the child's care.

Adequate Parental Care

Includes adequate food, clothing and shelter to ensure that the child's health and physical safety and specialized services warranted by the child's physical or mental needs.

Physically Impaired

Refers to a child having one or more of the following conditions that substantially limit one or more of the child's major life activities (self-care, receptive and expressive language, learning, mobility, and self direction):

	A.	a substantial impairment of vision, speech or hearing;
	B.	a congenital orthopedic impairment
	C.	an orthopedic impairment caused by disease, rheumatic fever or any other similar chronic or acute health problem, or amputation or another similar cause

In addition, the following may be considered signs of such abuse or neglect and should be reported immediately:

	A.	malnutrition and/or basic deprivation
	B.	significant history (siblings abused)
	C.	direct parental threats or admission of abuse or neglect
	D.	symptoms of venereal disease
	E.	ental injuries or eye injuries
	F.	head injuries
	G.	repeated burns or poisoning
	H.	scars and bruises in unusual locations (neck, back, buttock, under arms, behind knees, tops and bottoms of feet)
	I.	injuries reflecting direct blows or use of instruments

A child who is being abused may also:

	A.	be hyperactive;
	B.	act fearful of adults;
	C.	cling to adults;
	D.	be anxious, tense, and nervous.

Procedure for Reporting

All suspected cases are to be reported even if documentation is not available. The law provides protection for the reporting staff member who acts in good faith. All staff members must report tot he public children's services agency or local law enforcement agency. They are also to notify the principal of the report.

The oral report shall include: (see Form 8462 F1)

the name, address, and telephone number of all of the following:

			a.	the reporter
			b.	the alleged child victim
			c.	the caretaker or guardian, if different from caretaker, of the alleged child victim

		2.	the approximate age and what is known of the child's behavior and level of functioning;
		3.	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;
		4.	when, where, and how the child is at risk of abuse or neglect;
		5.	the circumstances surrounding the alleged abuse or neglect or any other information that might be helpful to establish the cause of abuse or neglect;
		6.	what is known about the behavior and functioning of the caretaker of the alleged child victim;
		7.	whether anything has been done to reduce the risk to the child;
		8.	what actions have been taken, such as photographs, medical attention, or notification of law enforcement officials or other persons;
		9.	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;
		10.	any knowledge of other children living in the home, and if so, their names, approximate ages, and relationship to the alleged child victim;
		11.	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;
		12.	the identity and location of anyone else with knowledge of the current allegation of abuse or neglect.

	B.	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 need not prove that abuse and/or neglect exists before reporting. They need only suspect that abuse and/or neglect has or is currently occurring.
	C.	The oral report shall be followed, not more than five (5) days later, by a written report from the staff member, if requested by the social service or law enforcement agency receiving the oral report. The report is to include all information given at the time of the oral report and any other information that is available from the school that may be helpful in the investigation of the report.

INVESTIGATION OF CHILD ABUSE OR NEGLECT

Investigators who seek to interview a student who is a suspected victim of abuse or neglect are subject to the interrogation procedures in Board Policy 5540.

If the interviewer directs that parents are not to be notified, the principal shall record this direction and request the interviewer to sign a written statement that s/he directed the principal to permit the interview without prior notification of the parents. If the interviewer refuses to sign the statement, the principal shall prepare another written statement that the District has been directed by the Superintendent to make the named student available for interview or interrogation without notice to the parents and request the interviewer to sign this statement. If the interviewer refuses, the principal shall record the time, date, interviewer's name/title/badge number, and that the interviewer refused to sign the statement. The principal shall sign this record and maintain it in the school files.

Suspected Abuse/Neglect by Parents

Parents who are abusing their child may:

	A.	be reluctant to give information;
	B.	describe a story that doesn't fit the injury;
	C.	have an inappropriate reaction to the severity of injury;
	D.	express unreasonable expectations for the child's performance;
	E.	claim conditions that do not exist, e.g.

	"S/He bruises easily."

	"S/He moves constantly." (Child sits quietly.)

indicate family problems such as marital discord, crowding, financial stress, psychological disorders, retardation, alcohol or drug addiction, etc.

When it is necessary to deal with parents who are suspected of child abuse, the staff member should try to be sympathetic and communicate a readiness to help. Parents are often beset by serious personal problems and possibly were themselves abused or neglected as children.

Suspected Abuse by Staff Members

If a staff member is suspected of abuse, his/her supervisor should be notified immediately and the matter kept in strict confidence by the reporting person. The supervisor shall follow the District's due-process procedures for dealing with an employee's real or alleged violation of any law or District policy. This procedure does not negate the requirement for the reporting person to report the suspected abuse to the proper agency.

Revised 3/95
Revised 2/97
Revised 9/05
Revised 11/06