Policy 4321 - Reporting Child Abuse/Neglect to Law Enforcement and Child Protective Services

Child abuse and neglect are both a violation of children’s human rights and an obstacle to their educational development. All district personnel shall be alert for any evidence of such abuse or neglect. The superintendent shall develop reporting procedures, including sample indicators of abuse and neglect, and shall disseminate the procedures to all school personnel. The purpose is to identify and report as soon as possible to the proper authorities all evidence of child abuse or neglect. 

This responsibility is a legal part of all staff members’ duties. State law requires that school employees contact the nearest office of the Child Protective Services (CPS) of the Department of Social and Health Services (DSHS) or local law enforcement when they have reasonable cause to believe that a child has suffered abuse or neglect. Such report should occur at the employee’s first opportunity but must be made within forty-eight (48) hours. This reporting obligation is for both classified and certified staff. School personnel are free from liability for reporting instances of suspected abuse or neglect and are liable for failure to do so. 

For purposes of this policy, the term “child” means anyone under the age of 18. 

“Child abuse or neglect” means: 

Defining Child Abuse and Neglect 

Child abuse or neglect means: 

Physical abuse means the nonaccidental infliction of physical injury or physical mistreatment on a child that harms the child's health, welfare, or safety. It may include, but is not limited to, such actions as: 

Physical discipline of a child, including the reasonable use of corporal punishment, is not considered abuse when it is reasonable and moderate and is inflicted by a parent or guardian for the purposes of restraining or correcting the child. 

Sexual abuse means committing or allowing to be committed any sexual offense against a child as defined in the criminal code. The intentional touching, either directly or through the clothing, of the sexual or other intimate parts of a child or allowing, permitting, compelling, encouraging, aiding, or otherwise causing a child to engage in touching the sexual or other intimate parts of another for the purpose of gratifying the sexual desire of the person touching the child, the child, or a third party. 

A parent or guardian of a child, a person authorized by the parent or guardian to provide childcare for the child, or a person providing medically recognized services for the child, may touch a child in the sexual or other intimate parts for the purposes of providing hygiene, childcare, and medical treatment or diagnosis. 

Sexual exploitation includes, but is not limited to, sex trafficking and commercial sexual exploitation and includes such actions as allowing, compelling, encouraging, aiding, or otherwise causing a child to participate in one or more of the following: 

Negligent treatment or maltreatment means an act or a failure to act, or the cumulative effects of a pattern of conduct, behavior, or inaction, on the part of a child's parent, legal custodian, guardian, or caregiver that shows a serious disregard of the consequences to the child and creates a clear and present danger to the child's health, welfare, or safety. 

Children (including other students), family members, and any other adult can engage in child abuse or neglect. This may include incidents of student-on-student misconduct. Staff should report all incidents of suspected child abuse or neglect regardless of the age of the person who engages in it. 

Staff should not focus on a person’s mental status to determine if they have committed child abuse or neglect. The law governing mandated reporting does not allow for exceptions for people with medical conditions that may mitigate the intent for committing child abuse or neglect. 

Personnel need not verify that a child has in fact been abused or neglected. It is sufficient to report any conditions or information that may reasonably be related to abuse or neglect. It is then the responsibility of the proper authorities to investigate each case and take such action as is appropriate under the circumstances. 

Legal References:

Adoption:

(Formerly #5150)