CHILD ABUSE AND NEGLECT F08
Purpose
The purpose of this policy is to protect children whose
health and welfare may be jeopardized by abuse or neglect and to ensure that school
district employees meet their legal reporting obligations under 33 V.S.A. 4913.
It is further the purpose of this policy to make clear to school district
employees that it is not their role to investigate or make a judgment based on
the nature of the facts in cases of suspected abuse or neglect. Rather, it is
the role of school district employees to be faithful and timely reporters of
suspected abuse or neglect so that allegations can be brought to the attention
of authorized investigators.
General Policy
Any school district employee, regardless
of whether he or she is a "mandated reporter," shall report
suspected child abuse or neglect to the building principal or his or her
designee. If the building principal or designee is the person suspected of child
abuse or the person who suspects the abuse or neglect, the report shall be made
to the superintendent of schools. The principal or designee or superintendent,
as the case may be, shall then immediately make a report to the Department of
Social and Rehabilitation Services (SRS) in accordance with the law.
Definitions
"Immediately" means as soon as the abuse or
neglect is suspected but in no case later than 24 hours after such abuse or
neglect is suspected.
"Suspected" means the school district employee has
reasonable cause to believe such abuse or neglect occurred. Further, the
employee shall not refrain from making a report under this policy for the
reason that there may be retaliation against the child, the employee has a
confidential relationship with the child, or for any other reason no matter how
well-intentioned.
"Report" means an oral and/or written description
of the suspected abuse or neglect. If the report is made orally, the reporter
should make a written notation of to whom the report was made and when the
report was made. A report made to SRS shall contain the following:
1. the name and address of the reporter;
2. the name and address, if known, of the child
and the child's parents or other persons responsible for the child's care;
3. the age of the child;
4. the nature and extent of the child's
injuries together with any evidence of previous abuse or neglect of the child
or the child's siblings; and
5. any other information the reporter believes
might be helpful.
Abused or neglected child" means a child under the age
of eighteen whose physical health, psychological growth and development or
welfare is harmed or is at substantial risk of harm by the acts or omissions by
the child's parent or other individual who may be responsible for the child's
welfare (e.g.; guardian, foster parent, stepparent, teacher, etc.), or in
the case of sexual abuse, of any individual. Harm can be caused by the
actual infliction of harm, including physical injury or emotional maltreatment
by allowing such harm to occur, by failing to provide the child with adequate
food, clothing, shelter or health care, or by abandonment of the child.
"Sexual abuse" means any act by a person involving
sexual molestation or exploitation of a child including but not limited to
incest, prostitution, rape, sodomy, or any lewd and lascivious conduct
involving a child. Sexual abuse also includes the aiding, abetting, counseling,
hiring, or procuring of a child to perform or participate in any photograph,
motion picture, exhibition, show, representation, or other presentation which,
in whole or in part, depicts sexual conduct, sexual excitement or
sadomasochistic abuse involving a child. NOTE:
Sexual abuse may also be sexual harassment. However, following this school
district's policy on sexual harassment does not fulfill a mandatory reporter's
legal responsibilities under the SRS reporting law. Suspected sexual abuse must
be reported to SRS.
Any copies of reports or
notes of abuse or neglect will be kept in a locked file cabinet in the nurse's
office in the school in which the report occurred. This file shall be accessed
only by the school nurse, the school principal, or superintendent.
The school representative and contact
person for any and all SRS investigations of suspected child abuse shall be the
building nurse. The building nurse or a member of the school's crisis team
shall be present at all on-site interrogations of legally
enrolled students.
Training
All staff shall receive
training in reporting suspected child abuse and neglect. Such training shall
include assistance in recognizing the signs and symptoms of abuse and neglect.
Revised: January 19, 1983
March 2, 1994
Warned: October
6, 2001
October 17, 2001