UINTAH SCHOOL DISTRICT POLICY ACTION REVIEW

 

1st Reading           

N/A

New

2nd Reading

N/A

Revised

X

Approved

2/12/02

Substitute

 

 

007.0710         CHILD ABUSE-NEGLECT REPORTING

 

REPLACES AND AMENDS POLICY 007.1700 APPROVED 1/25/00

 

1.0              DEFINITIONS

1.1              Abuse:

1.1.1        Actual or threatened non-accidental physical or mental harm;

1.1.2        Negligent treatment;

1.1.3        Sexual exploitation; or

1.1.4        Any sexual abuse.

1.2              Neglect:

1.2.1        Abandonment of a child;

1.2.2        Subjecting a child to mistreatment or abuse;

1.2.3        Lack of proper parental care by reason of the faults or habits of the parent, guardian, or custodian;

1.2.4        Failure or refusal of a parent, guardian, or custodian to provide proper or necessary subsistence, or medical care, including surgery or psychiatric services when required, or any other care necessary for his/her health, safety, morals, or well being; or

1.2.5        A child at risk of being neglected or abused because another child in the same home is neglected or abused.

1.3              Neglect does not include a parent or guardian legitimately practicing religious beliefs who, for that reason, does not provide specified medical treatment for a child. (62A-4A-101) et seq.

 

2.0              REPORTING REQUIREMENT

2.1              Any school employee who has reason to believe that a child has been subject to incest, molestation, sexual exploitation, sexual abuse, physical abuse or neglect, or who observes a child being subjected to conditions or circumstances which would reasonably result in sexual abuse, physical abuse, or neglect shall immediately notify the nearest peace officer, law enforcement agency, or office of the Division of Child and Family Services (62A-4A-403).

 

3.0              ADDITIONAL REPORTING REQUIREMENTS

3.1              In addition to any duty to report suspected cases of child abuse or neglect under 2.0 above (see Utah Code Annotated 62A-4A-403) a school district employee who has reasonable cause to believe that a student may have been physically or sexually abused by a school employee shall immediately report the belief and all other relevant information to the school principal, superintendent, or to the Utah State Office of Education.

3.2              A school administrator who has received a report pursuant to this section or who otherwise has reasonable cause to believe that a student may have been physically or sexually abused by an educator shall immediately report that information to the Utah State Office of Education.

3.3              Failure to comply with this requirement shall be considered unprofessional conduct (see Utah Code Annotated 53A-6-502 and 53A-6-103[13]).

 

4.0              RESPONSIBILITY OF THE EMPLOYEE

4.1              It is not the responsibility of school employees to prove that the child has been abused or neglected, or determine whether the child is in need of protection.  Investigations are the responsibility of the Division of Child and Family Services (see R 277-401-3).

4.2              It is not the responsibility of the employee to investigate.

4.3              It is the responsibility of the investigator, not the employee, to notify the parents of the student who is the suspected victim of abuse.

4.4              In addition to reporting to law enforcement or the Division of Child and Family Services, the employee should notify the building principal of the neglect or abuse.  Such report to a principal, supervisor, school nurse, or psychologist does not satisfy the employee’s personal duty to report to law enforcement or Division of Child and Family Services.

 

5.0              COOPERATION

5.1              School employees shall cooperate with social services and law enforcement agency employees authorized to investigate charges of child abuse and neglect, assisting as asked, as members of interdisciplinary child protection teams in providing protective, diagnostic, assessment, treatment, and coordination services.

 

6.0              ANONYMITY

6.1              The identity of a school employee making a report of child abuse or neglect shall not be released to any person or entity except to those responding in an official capacity to investigate the report made.

6.2              An employee shall not promise confidentiality to a student in order to obtain information about possible abuse.  If a student offers to provide information but requests anonymity or confidentiality, the staff member shall advise the student that he or she (the staff member) may be required to disclose the information.  The student may then choose to disclose the information or not.

 

Other than reporting to Law Enforcement or Child Protective Services personnel or the child’s principal, the employee should not discuss any suspected abuse with any other person, unless authorized to do so by law.