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Page 1 of 3
No. 806
SECTION:
OPERATIONS
TITLE:
CHILD/STUDENT ABUSE
ADOPTED:
December 21, 2006
REVISED:
March 27, 2012
EASTON AREA
SCHOOL DISTRICT
806. CHILD/STUDENT ABUSE
1.
Authority
18 Pa. C.S.A.
Sec. 4304
23 Pa. C.S.A.
Sec. 6301 et seq
The Board adopts this policy to affirm district employees' obligation to assist in
identifying possible child abuse as well as victimization of students by other school
employees, and to establish procedures for reporting such in compliance with the
Child Protective Services Law of 1990 and its amendments.
2.
Guidelines
CHILD ABUSE
DUTY TO REPORT
23 Pa. C.S.A.
Sec. 6311, 6313
42 Pa. C.S.A.
Sec. 5945
District employees who in the course of their employment come into contact with
children shall report or cause a report to be made when the person has reasonable
cause to suspect that a child under the care, supervision, guidance or training of that
person or another student of the district is a victim of child abuse.
Such employees shall report suspected instances of child abuse, which shall include:
serious physical injury; sexual abuse; sexual exploitation, serious emotional injury;
instances of actions or failures to act by a parent or guardian or other individual that
pose an imminent risk of serious physical injury, sexual abuse or sexual exploitation;
or serious physical neglect involving prolonged or repeated lack of supervision or
the failure to provide essentials of life, including adequate medical care, which
endangers a child's life or development or impairs the child's functioning.
The Superintendent or designee shall develop administrative regulations that provide
guidance as to what constitutes child abuse and what is a reportable offense or
suspected offense under the Child Protective Services Law. Employees who are
uncertain as to whether a particular incident, event or instance is reportable under
this policy must discuss it with the building principal, who will assist in making the
determination.
Privileged communication between any professional person required to report and a
child shall not apply to situations involving child abuse and shall not constitute
grounds for failure to report.
806. CHILD/STUDENT ABUSE - Pg. 2
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23 Pa. C.S.A.
Sec. 6311
District employees required to report suspected child abuse shall include, but are not
limited to, school administrators, teachers, guidance counselors, cafeteria staff,
coaches, activity advisors, bus drivers and school nurses.
23 Pa. C.S.A.
Sec. 6318
Any person required to report child abuse who, in good faith, reports or causes the
report to be made has immunity under the Child Protective Services Law from civil
and criminal liability related to those actions.
A person or official required to report a case of suspected child abuse who willfully
fails to do so commits a summary offense for the first violation and a misdemeanor
of the third degree for a second or subsequent violation.
REPORTING PROCEDURES
Employee Reports To Building Principal
District employees who suspect child abuse shall immediately notify the building
principal. The following information must be provided:
1.
The student’s name;
2.
The nature of the suspected abuse;
3.
The alleged or suspected abuser (if known);
4.
How and when the employee learned of the suspected abuse;
5.
Whether the employee has communicated to the parents/guardians regarding the
suspected abuse;
6.
Where the suspected abuse has been reported to the employee by a 3rd party,
whether the employee has seen evidence of or has other cause to suspect that the
abuse has occurred or is occurring.
Building Principal Reports To ChildLine Or Children And Youth Services (CYS)
Upon notification, the building principal shall report the suspected child abuse.
Such reports shall either be made to ChildLine where required under the CPSL or to
Children and Youth Services as a general referral for those cases that do not rise to
the level of child abuse but where the safety and/or welfare of a child is in question.
Where necessary, the principal shall have the employee present during the ChildLine
or CYS reporting. The building principal, however, shall be responsible for making
the actual reports. The Superintendent or designee shall develop administrative
regulations setting forth the requirements for ChildLine reporting as well as general
806. CHILD/STUDENT ABUSE - Pg. 3
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Children and Youth Services referrals. Reports that meet the requirements set forth
under the mandatory reporting provisions of the Child Protective Services Law, as
indicated in the administrative regulations, shall be made directly to ChildLine, as
required by law. All other reports shall be made to Children and Youth Services as a
general referral. Where it is unclear whether a referral should be made to ChildLine
or to Children and Youth as a general referral, the building administrator shall make
the report to ChildLine.
Development Of Administrative Regulations For Reporting
The Superintendent or designee shall develop administrative regulations setting forth
the specific requirements for reporting abuse, including the requirements for
mandatory reporting to ChildLine and the requirements for making general reports to
Children and Youth Services for incidents that do not meet the qualifications of
ChildLine reporting.
INVESTIGATION
23 Pa. C.S.A.
Sec. 6346
District officials shall cooperate with the Department of Public Welfare, Children
and Youth Services, or other county agency investigating a report of suspected child
abuse, including permitting authorized personnel to interview the child while in
attendance at school.
23 Pa. C.S.A.
Sec. 6314
The building principal, who is required to report cases of suspected child abuse, may
take or cause to be taken photographs of the child who is subject to a report and, if
clinically indicated, cause to be performed a radiological examination and other
medical tests on the child.
STUDENT ABUSE BY DISTRICT EMPLOYEE
DUTY TO REPORT
23 Pa. C.S.A.
Sec. 6352
A district employee must immediately contact the principal or immediate supervisor
when the employee has reasonable cause to suspect that a student coming before the
employee in the employee's professional or official capacity is a victim of serious
bodily injury or sexual abuse or sexual exploitation by an employee.
23 Pa. C.S.A.
Sec. 6352
If the accused district employee is the principal or supervisor, the employee shall
immediately report to law enforcement officials, ChildLine, the District Attorney,
the Superintendent and the district’s solicitor.
806. CHILD/STUDENT ABUSE - Pg. 4
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23 Pa. C.S.A.
Sec. 6353
The principal who receives a report from an employee or who has independent cause
to suspect injury or abuse shall immediately report to law enforcement officials,
ChildLine, the District Attorney, and the appropriate district’s solicitor. The building
administration shall exercise no discretion but has an absolute duty to report when
receiving notice from a school employee.
23 Pa. C.S.A.
Sec. 6352, 6353
An employee or building administrator who, in good faith, refers a student abuse
report is immune under the Child Protective Services Law from civil and criminal
liability arising out of the report.
23 Pa. C.S.A.
Sec. 6352
An employee who willfully fails to report suspected student abuse or who willfully
violates the confidentiality of such a report commits a criminal offense.
23 Pa. C.S.A.
Sec. 6353
An administrator who willfully fails to report immediately to law enforcement
officials and the appropriate district’s solicitor any report of serious bodily injury or
sexual abuse or sexual exploitation alleged to have been committed by a school
employee against a student commits a misdemeanor of the third degree.
Failure to report suspected abuse, as per this policy, may result in employment
action, including, but not limited to, dismissal.
REPORTING PROCEDURES
23 Pa. C.S.A.
Sec. 6353
The principal's report to law enforcement officials, ChildLine, the District Attorney,
the Superintendent and the district’s solicitor shall include: name, age, address, and
school of the student; name and address of the student's parent/guardian; name and
address of the principal; name, work, and home address of the school employee;
nature of the alleged offense; details regarding why the abuse is suspected (events
that gave rise to the suspicion); and any specific comments or observations directly
related to the alleged incident and the individuals involved.
23 Pa. C.S.A.
Sec. 6352
The employee making a report of student abuse or injury by another employee shall
not reveal the existence or content of the report to any person other than those to
whom reporting is required under this policy.
INVESTIGATION
23 Pa. C.S.A.
Sec. 6353.1
Upon receipt of a report of suspected student abuse, an investigation shall be
conducted by law enforcement officials, in cooperation with the district’s solicitor.
806. CHILD/STUDENT ABUSE - Pg. 5
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23 Pa. C.S.A.
Sec. 6353.1
If law enforcement officials have reasonable cause to suspect, on the basis of initial
review, that there is evidence of serious bodily injury, sexual abuse or sexual
exploitation committed by a school employee against a student, the officials shall
notify the county agency in the county where the alleged abuse or injury occurred
for the purpose of the agency conducting an investigation.
23 Pa. C.S.A.
Sec. 6346
District officials shall cooperate with the Department of Public Welfare or the
county agency investigating a report of suspected student abuse, including
permitting authorized personnel to interview a student while in attendance at school.
23 Pa. C.S.A.
Sec. 6353.1
Law enforcement officials and the county agency shall coordinate their respective
investigations. They shall conduct joint interviews with students, but law
enforcement officials shall interview school employees prior to the county agency.
Pol. 317, 417, 517
The principal has an independent duty to report to the Superintendent or designee
that an employee has allegedly abused or otherwise victimized a student. The
requirement not to divulge the existence of the report or its content shall not limit the
principal's responsibility to use the information received to initiate and conduct an
independent school investigation into the allegations. The independent school
investigation shall be conducted in cooperation with the county agency and law
enforcement officials, and shall be for the purpose of ascertaining appropriate
employee discipline and taking action necessary to curtail wrongdoing.
EMPLOYEE CLEARANCES AND NOTIFICATION OF ARREST, CHARGES AND/OR
CONVICTIONS
Pol. 302, 303,
404, 405,
504, 505
In accordance with Board policy, the Superintendent shall require each applicant for
employment, including each covered employee being transferred, to submit an
official clearance statement issued within the preceding year by the Department of
Public Welfare, except for those exempted by law.
No applicant may be hired who is named as the perpetrator in a founded report or is
named as an individual responsible for injury or abuse in a founded report for a
school employee. The district has discretion whether to hire someone who has been
named on an indicated report.
Employees must immediately notify the Superintendent if they are arrested for,
charged with and/or convicted of a crime that involves abuse or alleged abuse of a
child.
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References:
Department of Public Welfare Regulations – 55 PA Code Sec. 3490.1 et seq.
Endangering Welfare of Children – 18 Pa. C.S.A. Sec. 4304
Child Protective Services Law – 23 Pa. C.S.A. Sec. 6301 et seq.
Confidential Communications to School Personnel – 42 Pa. C.S.A. Sec. 5945
Registration of Sex Offenders – 42 Pa. C.S.A. Sec. 9795.1, 9795.4, 9798.1
Board Policy – 302, 303, 317, 404, 405, 417, 504, 505, 517