3421SP Child Abuse and Neglect Prevention and Response
Child abuse and neglect are violations of children’s human rights and an obstacle to their educational development. Staff are required by law and Board Policy to be alert for evidence of child abuse or neglect, including exploitation, and to report suspected child abuse or neglect to the proper authorities and/or the appropriate school administrator.
The purpose of this procedure is to support staff in identifying and timely reporting all evidence of child abuse or neglect to the proper authorities.
Legal authorities have the responsibility for investigating each case and taking appropriate action under the circumstances. Staff need not verify that a child has been abused or neglected before reporting.
I. Duty to Report
District staff are required to report every instance of suspected child abuse or neglect.
RCW 26.44.030 provides that “professional school personnel”—defined as including, but not limited to, teachers, counselors, administrators, child care facility personnel, and school nurses—are mandated reporters. Professional school personnel and other mandatory reporters with reasonable cause to believe that a child has suffered abuse or neglect shall report such incident to the proper authorities. Knowingly failing to do so is a gross misdemeanor under RCW 26.44.080.
It is also District policy that every District employee—whether or not they are covered by RCW 26.44.030—shall report suspected cases of child abuse or neglect to the appropriate school administrator and shall be subject to discipline for failing to do so.
RCW 26.44.060 provides that those who make a report or give testimony of possible child abuse and neglect in good faith are immune from civil or criminal liability.
II. Reporting Procedures
Child abuse as defined by state law can be inflicted “by any person” and may include student-on-student abuse.
The following procedures shall be used for reporting regardless of who is alleged to have committed the abuse or neglect:
III. Required Notifications to Parents/Guardians
State law requires immediate notification to parents/guardians about certain safety incidents including, but not limited to, notification upon receipt of a report that a criminal action is alleged to have been committed against their child on school property during the school day or during a school-sponsored activity and upon receipt of a report that their child is alleged to be the victim, target, or recipient of physical or sexual abuse, sexual misconduct, or assault by a school employee or school contractor (RCW 28A.320.160 and 28A.605.005).
However, schools are not required to release any records or information regarding a student’s health care, social work, counseling, or disciplinary records to a parent or legal guardian who is the defendant in a criminal proceeding where the student is the named victim or during the pendency of an investigation of child abuse or neglect conducted by any law enforcement agency or the DCYF where the parent or legal guardian is the target of the investigation, unless the parent or legal guardian has obtained a court order.
IV. Interviewing Students
Student interview requests made by personnel from law enforcement, CPS, or other government agencies must be reviewed and responded to according to Superintendent Procedure 4310SP.A, District Relationships with Law Enforcement and Other Government Agencies. District employees who have questions regarding student interview requests should consult with the District’s Safety and Security Department or the General Counsel’s Office.
V. What is Child Abuse or Neglect?
For purposes of Board Policy No. 3421 and this procedure, the following meanings—as further defined by state law—apply:
Washington Administrative Code (WAC) 110-30-0030 provides further explanation and examples of child abuse and neglect.
Indicators in and of themselves do not necessarily prove that abuse, neglect, or exploitation has occurred but may warrant a referral to CPS or law enforcement. When in doubt, staff should consult with CPS about making a report.
DCYF advises that these signs may indicate the presence of child abuse or neglect. Each potential indicator should be understood within the context of what is typical for the child, their family, their culture, and their community:
Common Indicators of Physical Abuse:
Common Indicators of Emotional Abuse:
Common Indicators of Sexual Abuse:
Common Indicators of Neglect:
VI. Staff Training
All employees shall receive training regarding their reporting obligations under state law in their orientation training when hired and every three years thereafter.
VII. Annual Notices
Policy Cross References:
Revisions:
Adopted:
3421SP
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