SCHOOL UNION 69                                              NEPN/NSBA Code: JLF 

REPORTING CHILD ABUSE AND NEGLECT

          I. DEFINITIONS

 

          A.      Child abuse or neglect. Child abuse or neglect is defined by Maine law as “a threat to a child’s health or welfare by physical, mental or emotional injury or impairment, sexual abuse or exploitation, deprivation of essential needs or lack of protection from these, or failure to ensure compliance with school attendance requirements, (as provided in Maine Education and School Statutes) by a person responsible for the child.

 

          B.       Person responsible for the child. A “person responsible for the child” means a person with responsibility for a child’s health or welfare, whether in the child’s home or another home or a facility which, as part of its function, provides for the care of the child. It includes the child’s parent, guardian or other custodian.

 

          II. EMPLOYEE’S DUTY TO REPORT 

                    Any employee of the school unit who has reason to suspect that a  child has been or is likely to be abused or neglected must immediately notify the building principal who shall process the report as provided in Section III of this policy. In addition to notifying the building principal, the employee may also make a report directly to the Department of Health and Human Services (DHHS) or the District Attorney when the employee believes a direct report will better protect the child in question.

         III. ADMINISTRATORS’ DUTIES         

           A. The Principal or designee (guidance counselor/ school nurse) shall make an immediate verbal report to the Superintendent/designee. The Principal or designee in conjunction with the reporting employee will then make a report to DHHS or the District Attorney as provided in section B.

          B. The law provides that a report must be made to DHHS when the  person suspected is a “person responsible for the child” or to the District Attorney when the person suspected is not a person  responsible for the child. However, because the legal definition of  “person responsible for the child” is vague, the Principal/designee  shall report all cases of suspected abuse or neglect to DHHS. In addition, if the person suspected is not the parent, guardian or other custodian of the child, the Principal/designee shall also make a report to the District Attorney.

          C. The Principal/designee shall retain a record of all verbal and written reports made to DHHS, the District Attorney, or other outside agencies as well as all actions taken by the school unit. 

 

          IV. REPORTING PROCEDURES

 

          The verbal report shall include the following information, if known.                  

          A.      The name and address of the child and the persons responsible for

his/her care or custody;

         

          B.       The child’ age and sex;

 

          C.       The nature and extent of the alleged abuse or neglect, including

description of injuries and any explanation given for them;

 

          D.      A description of alleged sexual abuse or exploitation, if any;

 

          E.       Family composition and evidence of prior abuse or neglect of the

child or his/her siblings;

 

          F.       The source of the report, the person making the report, his/her

occupation and where he/she can be contacted;

          G.      Any actions taken by school staff, including any photographs taken or

other materials collected; and

 

          H.      Any other information the person making the report believes may be helpful.

 

Upon DHHS’ request for a written report, the Principal/designee shall complete the Suspected Child Abuse/Neglect Report and mail a copy to DHHS.  Proper documentation shall be maintained in accordance with Section III.C.

          V. INTERNAL INVESTIGATIONS AND DISCIPLINE

 

          A.      Employees. If the person suspected of abuse or neglect is an employee, the Principal/designee shall investigate and take appropriate action, in accordance with applicable School Committee policies, collective bargaining contracts, and federal and state laws.

 

          B.       Students. If the person suspected of abuse or neglect is a student, and the abuse or neglect occurred on school premises, during a school activity, or is otherwise related to the school, the Superintendent/designee shall investigate and take appropriate action, in accordance with applicable School Committee policies and federal and state laws.

         VI. INTERVIEWS OF CHILD AND SCHOOL PERSONNEL

 

          Upon Department of Human Services (DHHS) request, DHHS personnel shall be permitted to meet with and interview a child who is named in a report of suspected child abuse and neglect when the child is present at the school. The interviewer shall provide written certification that he/she is an authorized representative of the DHHS and that, in DHHS judgment, the interview is necessary to carry out that Department’s duties under Maine law.

 

          The DHHS caseworker shall discuss the circumstances of the interview and any relevant information regarding the alleged abuse or neglect with the child’s teacher or guidance counselor or the school’s nurse, social worker or principal, as the caseworker determines is necessary for the provision of any needed emotional support to the child prior to and following the interview.

 

          School officials may not place any other conditions on the DHHS’ ability to conduct the interview, including but not limited to requiring that certain persons be present during the interview; prohibiting certain persons from being present during the interview; or requiring notice to or consent from a parent or guardian.

 

          School officials shall provide an appropriate, quiet and private place for the interview to occur.

 

          That DHHS intends to interview the child is confidential information and may not be disclosed to any person except those school officials, including an attorney for the school, who need the information to comply with Maine law pertaining to child abuse and neglect investigations.

 

          School personnel who assist DHHS in making a child available for an interview are regarded as participating in a child protection investigation or proceeding for the purpose of immunity from liability.

 

        VII. CONFIDENTIALITY OF INFORMATION AND RECORDS

 

          All records, reports and information concerning alleged cases of child abuse and neglect shall be kept confidential to the extent required by School Union policies and applicable law.

 

          The building principal/designee is permitted to release a child’s school records without prior consent of the parent/guardian to DHHS or law enforcement officials as necessary to protect the health or safety of the child or other individuals under federal law.

  

        VIII. GOOD FAITH IMMUNITY FROM LIABILITY 

          Any person who in good faith reports or participates in the investigation or proceedings of a child protection investigation is immune from any criminal or civil liability for the act of reporting or participating in the investigation or proceeding. Good faith does not include instances when a false report is made and the person knows the report is false.

 

         

Legal Reference:    22 MRSA § 4011-A, 4021

                              20 USC § 1232g, Family Educational Rights and Privacy Act

Legal Reference Continued:

                              20-A MRSA § 3272 (2) (B)or § 50510A (1) (C)

 

Cross Reference:    ACAA – Harassment and Sexual Harassment of Students

                              JLF-E – Suspected Child Abuse/Neglect Report Form

                              JRA – Student Records                                                

 

                                                                       AVS                 HES           LCS 

First Reading:                                   11/21/2016  11/14/2016  11/07/2016

Second Reading and Adoption:12/19/2016  12/12/2016  12/05/2016

 

 

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