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8000 Operations » 8462 Student Abuse and Neglect

8462 Student Abuse and Neglect

8462 - CHILD ABUSE OR NEGLECT

In compliance with Board of Education policy and State statute, staff members are required to report to the proper legal authorities any reasonable cause to suspect 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 proper parental care, support medical attention, and education for a child; sexual abuse is any indecent sexual activity in the family; and emotional maltreatment is failure to provide warmth, attention, supervision, and/or normal living experiences for a child.

In this respect, the following are considered signs of such abuse or neglect and should be reported immediately:
 
A. physical injury inflicted on a child by other than accidental means
            
B. sexual intercourse or sexual contact or failure by a person responsible for the welfare of a child under sixteen (16) years of age who has knowledge that another person intends to or has had sexual intercourse or contact with the child to take action to protect a child from the assault or repeat of the assault and the person is emotionally and physically capable of taking appropriate action
            
C. sexual exploitation of a child as defined by Wis. Stats. 948.05 or a person responsible for the welfare of a child who knowingly permits, allows, or encourages a child to engage in sexually-explicit conduct as described by the statute
            
D. causing a child to view or listen to sexual activity
            
E. causing a child to expose his/her genitals or pubic area or exposes his/her genitals or pubic area to a child
            
F. emotional damage for which a child's parent has neglected, refused, or been unable for reasons other than poverty to obtain the necessary treatment to ameliorate the symptoms

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 reasonable causes to suspect abuse or neglect are to be reported even if documentation is not available. The law provides protection for the reporting employee.
 
A. The oral report shall include:
 
1. 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 which 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 or not 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. Notify the student's principal that a report has been made. The principal shall ensure that the suspected case has been properly reported; and, if not, s/he shall ensure that an appropriate oral report is made immediately.
            
C. 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.
      
D. The oral report shall be followed, not more than five (5) days later, by a written report from the staff member. 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. This report shall be retained by the District.
            
E. The principal shall recommend that the reporting employee receive a written response verifying receipt of the report.

INVESTIGATION OF CHILD ABUSE OR NEGLECT
      
A. Investigators who seek to interview a student who is a suspected victim of abuse or neglect must make the request to the principal who shall determine from the investigator whether or not it is appropriate to notify the student's parents. If it is appropriate, the principal should notify the parents of the time and place of the impending interview.
      
If the interviewer directs that parents are not to be notified, the principal shall record this direction on Form 8462 F1. The principal shall sign this record and maintain it in the school files.
            
B. The Principal will maintain contact with the investigating agency during the investigation period. After the investigation is completed, the principal shall request a written report.
            
C. Upon completion of the investigation and/or receipt of the report, the principal will discuss the status of the case with the District Administrator and determine if additional action is required. Any report received shall be retained by the District. Confirmed cases of child abuse will be noted in the student’s cumulative file.

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 severity of injury;
            
D. express unreasonable expectations for child's performance;
            
E. claim conditions that do not exist, e.g.
      
"S/He bruises easily."
      
"S/He moves constantly." (Child sits quietly.)
      
F. 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.

© Neola 2012
8462 - STUDENT ABUSE AND NEGLECT

The Board of Education is concerned with the physical and mental well-being of the students of this District and will cooperate in the identification and reporting of cases of child abuse or neglect in accordance with law.

Each staff member employed by this District who has reasonable cause to suspect child abuse or neglect shall be responsible for reporting immediately every case, whether ascertained or suspected, of abuse or neglect resulting in physical or mental injury to a student by other than accidental means.

The staff member shall immediately call the local office of the Child Welfare Department or local law enforcement agency

S/He shall also notify the administrator according to the District's Reporting Procedure for Student Abuse or Neglect.

The identity of the reporting person shall be confidential, subject only to disclosure by consent or court order. A reporting staff member shall not be dismissed or otherwise penalized for making a report of child abuse or neglect.

Information concerning alleged child abuse is confidential. Any unauthorized disclosure by an official or employee of the District is a violation of the law and may subject the disseminator to civil liability for resulting damages and disciplinary action.

The District Administrator should be mindful of the possibility of physical or mental abuse being inflicted on a student by a staff member. Any such instances, whether real or alleged, should be dealt with in accordance with the administrative guidelines established by the District Administrator.

48.981, Wis. Stats.