Child Abuse Report Training 01 28 09


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Child Abuse Report Training 01 28 09

  2. 2. <ul><li>The Safety of Students and Staff is Our Number One Priority </li></ul><ul><li>DISTRICT POLICY 3241 on Child and Neglect Reporting </li></ul><ul><li>District Regulation 3241R and Report Form 3241F </li></ul>
  3. 3. Definition of Terms <ul><li>Child Abuse or Neglect: </li></ul><ul><li>Child abuse or neglect means the injury, sexual abuse, sexual exploitation, negligent treatment or maltreatment of a person under the age of 18 by any person under circumstances which indicate that the child’s health, welfare and safety is harmed. Child abuse can be inflicted “by any person” and may include student-on-student abuse or school personnel to student abuse. These cases also require reporting to CPS, DSHS or law enforcement. </li></ul>
  4. 4. SEXUAL ABUSE <ul><li>The term “sexual abuse” means any sexual offense against a child as defined in the criminal code, including any 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, or communicating with a minor for immoral purposes. </li></ul>
  5. 5. SEXUAL EXPLOITATION <ul><li>THE TERM “SEXUAL EXPLOITATION” INCLUDES: </li></ul><ul><li>Allowing, permitting or encouraging a child to engage in prostitution by any person; or </li></ul><ul><li>Allowing, permitting or encouraging or engaging in the obscene or pornographic photographing, filming or depicting of a child by any person. </li></ul>
  6. 6. NEGLIGENT TREATMENT OR MALTREATMENT <ul><li>The terms “negligent treatment or maltreatment” mean an act or omission that evidences a serious disregard of consequences of such magnitude as to constitute a clear and present danger to the child’s health, welfare and safety. The fact that siblings share a bedroom is not, in and of itself, negligent treatment or maltreatment. </li></ul>
  7. 7. PHYSICAL DISCIPLINE <ul><li>The physical discipline of a child is not child abuse when it is reasonable and moderate and is inflicted by a parent, teacher or guardian for purposes of restraining or correcting the child. The age, size, and condition of the child and the location of the injury must be considered when determining whether the bodily harm is reasonable or moderate. Any use of force on a child by any other person is unlawful unless it is reasonable and moderate and is authorized in advance by the child’s parent or guardian for purposes of restraining or correcting the child. Corporal punishment of students by district employees is prohibited. </li></ul>
  8. 8. UNREASONABLE DISCIPLINE <ul><li>RCW 9A.16.100 provides that the following actions are presumed unreasonable when used to correct or restrain a child. </li></ul><ul><li>Throwing, kicking, burning, or cutting a child; </li></ul><ul><li>Striking a child with a closed fist; </li></ul><ul><li>Shaking a child under age three; </li></ul><ul><li>Interfering with a child’s breathing; </li></ul><ul><li>Threatening a child with a deadly weapon; or </li></ul><ul><li>Doing any other act that is likely to cause and which does cause bodily harm greater than transient pain or minor temporary marks. </li></ul>
  9. 9. CHILD ABUSE AND NEGLECT REPORTING <ul><li>CERTIFICATED EMPLOYEES AND ADMINISTRATORS ARE REQUIRED TO REPORT ALL INSTANCES OF SUSPECTED CHILD ABUSE OR NEGLECT. </li></ul><ul><li>Teachers, counselors, nurses, principals, administrators, social workers, intervention specialists, psychologists. </li></ul><ul><li>All school personnel are required to report incidents of physical abuse or sexual misconduct by school employees against students to school administrators; additional reporting duty distinct from regular child abuse reporting </li></ul><ul><li>Failure to report child abuse or neglect is a criminal offense </li></ul>
  11. 11. REPORT WHEN: <ul><li>When there is reasonable cause to believe that the child has suffered sexual abuse, physical abuse, or neglect. </li></ul><ul><li>“ Reasonable cause” means “facts, or a combination of facts, that would lead a person of ordinary care and prudence to believe and conscientiously entertain honest suspicion that the abuse has occurred.” </li></ul>
  12. 12. RULES PRIOR TO THE REPORT <ul><li>Questions to a student who claims they have been abused or appears abused should be confined to who, what, when, and where. </li></ul><ul><li>Once “reasonable cause” is present, do not ask further questions of the child and proceed with the report. </li></ul><ul><li>School investigations of the abuse incident must cease once reasonable cause exists. </li></ul>
  13. 13. MAKING THE REPORT <ul><li>Make the report ASAP but in no cases later than 48 hours after you first learned of the allegation of abuse. </li></ul><ul><li>Do not discuss with other staff members, except principals and personnel office in cases of alleged abuse by employees </li></ul><ul><li>Do not notify the parents or guardians that a report has been made or that child has been interviewed. </li></ul><ul><li>In emergency situations, make the report to </li></ul><ul><ul><li>Law Enforcement (911) </li></ul></ul><ul><li>Other situations </li></ul><ul><ul><li>Pierce County and City of Puyallup School Liaison Officers or Law Enforcement </li></ul></ul><ul><ul><li>CPS </li></ul></ul><ul><ul><li>If a school employee is the alleged abuser, also notify personnel office </li></ul></ul>
  14. 14. POST REPORT <ul><li>Documentation </li></ul><ul><ul><li>Notes of allegation and contact date, time, and individual to whom you made report. </li></ul></ul><ul><ul><li>Cooperate with representatives of CPS or law enforcement; forward copy of report to agency. </li></ul></ul><ul><ul><li>Inquiries by parents, prior to their notification by agencies, should be referred to the agencies. </li></ul></ul>
  15. 15. A TEACHER SHOULD KNOW… <ul><li>The responsibility for reporting falls on to the certificated person who first heard the allegation. Ideally, principal should be informed prior to the report so it can be jointly made. </li></ul><ul><li>The law provides “immunity” for all individuals making good faith reports of child abuse or neglect. </li></ul><ul><li>Independent duty to report physical abuse or sexual misconduct by school employees against students to appropriate school administrators. </li></ul>
  16. 16. QUESTIONS AND ANSWERS <ul><li>Q: Can schools notify the parents or guardians of a student perpetrator? </li></ul><ul><li>A: Yes, as it will result in disciplinary action, schools may not disclose the identify of the victim except as required by WAC 180-40 (student discipline appeals). </li></ul><ul><li>Q: Can schools notify their school liaison officer? </li></ul><ul><li>A: Yes, schools that have a law enforcement liaison officer should report all suspected abuse and neglect to the liaison. </li></ul>
  17. 17. QUESTIONS AND ANSWERS <ul><li>Q: Can school personnel participate in the CPS/law enforcement interview process at the school site? </li></ul><ul><li>A: A third party may be present during the interview, unless the child objects or the interviewer determines the third party may jeopardize the course of the investigation. </li></ul>
  18. 18. QUESTIONS AND ANSWERS <ul><li>Q. Does CPS have a duty to keep a reporter’s name confidential? </li></ul><ul><li>A. No, RCW 13.50.100 allows CPS to delete names of reporters, but it does not do so for mandatory reporters unless a risk of harm to the reporter exists. The parents and their attorneys are entitled to names if legal proceedings occur. </li></ul>