ࡱ> q  Rbjbjt+t+ AAM]&&&&vvvZZZZ8ltZD0r r r r r Q Q Q iDkDkDkDkDkDkD$EGXDvQ M Q Q Q D &&r r Q .&8r vr iDhh&&&&Q iD  oy@^viDr r DP@\ZZ "DL5141.4(a) STUDENTS Reporting of Child Abuse/Neglect RATIONALE It is the public policy of the State of Connecticut to: protect children whose health and welfare may be adversely affected through injury and neglect; strengthen the family and make the home safe for children by enhancing the parental capacity for good child care; provide a temporary or permanent nurturing and safe environment for children where necessary; and, for these purposes, require the reporting of suspected child abuse or neglect, investigation of such reports by a social agency/local police, and the provision of services, where needed, to such child and family. In order to assure that the above policy of the State of Connecticut is fully implemented, the Redding School District does hereby establish the following policies with respect to suspected abuse and neglect of students. All personnel of the Redding School District shall fully comply with all the requirements of the Connecticut General Statutes and with the regulations promulgated by the Commissioner of Children and Families with respect to the reporting of suspected abuse and/or neglect of a child in accordance with the administrative procedures of the Redding School District. All personnel of the Redding School District shall fully comply with all the requirements of the Connecticut General Statutes and Regulations promulgated by the Director of the Office of Protection and Advocacy for persons with mental retardation with respect to the reporting of suspected abuse and/or neglect of mentally retarded students in accordance with the administrative procedures of the Redding School District. All personnel shall cooperate fully with any investigation of suspected abuse and/or neglect by the Department of Children and Families (DCF), a law enforcement agency, and/or the Office of Protection and Advocacy for persons with mental retardation, and with all court proceedings involving suspected abuse and/or neglect. Such mandated reporting requirements of the Connecticut General Statutes and regulations, and the administrative procedures regarding reporting, shall be appropriately reviewed with all professional and paraprofessional personnel who are mandated reporters, and with school personnel who are not mandated reporters (e.g. secretaries, maintenance, cafeteria, and transportation staff) at periodic intervals not less frequently than once each school year. Any student suspected of having been abused or neglected who is in need of health care attention shall be provided such health care to the same extent it would be provided to any other child in need of such care. 5141.4(b) STUDENTS Reporting of Child Abuse/Neglect 6. All personnel of the Redding School District shall treat all cases of suspected abuse and neglect with full consideration for the privacy of students and families, and will maintain appropriate confidentiality within the limitations of federal and state laws and local policy. The purpose of this Board Policy is to inform all employees in the school system of the statutory requirements to report suspected child physical or sexual abuse, and neglect, and of their immunity from civil liability or criminal penalty for making such reports. Legal Citation: Conn. Gen Statute Sections 17a-28, 17a-100, 17a-101, 17a-101a, 103, & 106; 19a-458a; 46a-11b, 46b-120. Policy adopted: March 4, 1997 REDDING PUBLIC SCHOOLS Policy revised: May 12, 1998 Policy revised: December 5, 2000 5141.4(a) STUDENTS Reporting of Child Abuse/Neglect A. Definitions of Child Abuse and Neglect The following regulations apply to all children/youth under the age of 18. Under Connecticut law, an abused child or youth is one who: has sustained physical injury by a caretaker or school employee other than by accidental means, or injuries that are at variance with the explanations given of them; or is in a condition which is the result of maltreatment such as, but not limited to, malnutrition, sexual abuse, sexual exploitation, deprivation of necessities, emotional maltreatment, or cruel punishment. A neglected child may be one of the following: A child or youth who: has been abandoned, is being denied proper care and attention (physically, educationally, emotionally, or morally), or is being permitted to live under conditions, circumstances or associations injurious to his/her well-being. An uncared for child may be one who is homeless, or whose home cannot provide the specialized care which his/her physical, emotional or mental condition requires. A child who is at risk of serious harm by an act or failure to act on the part of a person responsible for the child's health, welfare or care. 2. Caretaker refers to a person responsible for the child's health, welfare or care, such as parent, guardian, foster parent, or other family member or a person given access to the child by such responsible person, such as babysitter, family friend or day care provider. 3. Indicators of Physical Abuse, Sexual Abuse, Neglect or Emotional Abuse - See Appendix A. 5141.4(b) STUDENTS Reporting of Child Abuse/Neglect (continued) Mandated Reporters of Child Abuse/Neglect a. Teachers and other school district employees come in contact with actual and potential victims of child abuse or neglect every day, and because of this, the legislature has designated as mandated reporters the following school employees: teachers, principals, guidance counselors, psychologists, paraprofessionals, social workers, registered or licensed practical nurses, physical therapists, or any other person paid to care for a student in any school program, while acting in their professional capacity. b. Others who are similarly mandated to report child abuse or neglect are: physicians, surgeons, hospital interns, hospital residents, registered nurses, licensed practical nurses, medical examiners, day care employees, certified marital or family therapists, psychologists, social workers, police officers, licensed substance abuse counselors, optometrists, osteopaths, chiropractors, podiatrists, dentists, clergy, mental health professionals, physician assistants, dental hygienists, sexual assault counselors, battered womens counselors, pharmacists and physical therapists. 5. Other Reporters Other reporters of child abuse or neglect include school custodial staff, secretaries, bus drivers, cafeteria workers and any other employee of the school system. 6. Designee refers to a member of the school Crisis Team (psychologist, nurse, social worker, counselor) or another administrator. Immunity and Liability 1. In Connecticut, teachers and other school personnel are protected generally from civil or criminal liability while acting in the discharge of their duties within the scope of their employment, provided such protection is not available for wanton, reckless or malicious acts. 2. Any mandated reporter who fails to make a report shall be fined no more than $500. 3. Any person who knowingly makes a false report of child abuse or neglect shall be fined, not more than $2000 or imprisoned not more than one year, or both. 5141.4(c) STUDENTS Reporting of Child Abuse/Neglect (continued) 4. Civil and criminal liability immunity also applies to any person who in good faith does or does not make a report, provided such person did not perpetuate or cause such abuse or neglect. No employer shall discharge, or in any manner discriminate or retaliate against any employee who in good faith makes a report, testifies or is about to testify in any proceeding involving child abuse or neglect. An employer who violates this provision may be assessed a civil penalty of not more than $2500 and the court may also order other equitable relief as it deems appropriate. 6. DCF is required by law to maintain a registry of reports of child abuse or neglect received. Such reports, along with any other relevant information, should be kept confidential subject to statutes and regulations governing their use. C. Reporting Procedures for Suspected Abuse or Neglect All staff members in the school system, including both mandatory and other reporters, must make an oral report of suspected abuse and/or neglect to DCF, in person or by telephone to DCF Child Abuse and Neglect Hotline 1-800-842-2288, or to a law enforcement agency within 24 hours of reasonably suspecting or believing that a child has been abused or neglected or is in danger of being abused. All reports of suspected abuse or neglect must contain, if known; The names and addresses of the child and his/her parent(s) or other person(s) responsible for his/her care; The age, birth date, and gender of the child; The nature and extent of the childs injury or injuries, maltreatment or neglect; The approximate date and time the injury or maltreatment or neglect occurred; Information concerning any previous injury or injuries to, or maltreatment or neglect of, the child or his/her siblings; The circumstances in which the injury or injuries, maltreatment or neglect came to be known to the reporter; The name of the person(s) responsible for causing such injury or injuries, maltreatment or neglect, and 5141.4(d) STUDENTS Reporting of Child Abuse/Neglect (continued) Whatever action, if any, was taken to treat, provide shelter or otherwise assist the child. DCF revised form 136 shall be used by all Redding School District employees. See Appendix C. After the mandated reporter reports orally or in person to DCF or the police, he/she must then within 48 hours provide a written report to DCF. DCF form 136 shall be used. (See Appendix C). A copy of this report will be given to the principal or his/her designee. A notation will be made in the child's health record. A staff member may request the assistance of a member of the School Crisis Team (psychologist, nurse, social worker, counselor) when there is question as to whether there is reasonable suspicion that abuse and/or neglect has occurred or risk of abuse exists. The Crisis Team may assist the staff member in making the necessary report. The Crisis Team will inform the principal that a report has been made. 5. The principal or member of the Crisis Team may initially interview the child to determine if his/her injuries or behavior may potentially be the result of abuse or neglect. In no case shall the child be subjected to undue pressure in order to validate the suspicion of abuse or neglect. Investigation of suspected child abuse or neglect is the responsibility of DCF. Any case involving doubt about the existence of child abuse or neglect is to be decided in the interest of the child as a case requiring reporting. A physical assessment of the child may be performed by the school nurse or medical advisor if indicated. The written report of suspected abuse or neglect (DCF form 136) shall be confidential except to the extend disclosure is required by law. Procedures Following Report of Abuse or Neglect 1. DCF is the lead agency for the investigation of suspected child abuse or neglect. 2. Any person authorized to conduct an investigation of abuse or neglect shall coordinate the investigatory activities in order to minimize the number of interviews of any child. 5141.4(e) STUDENTS Reporting of Child Abuse/Neglect (continued) 3. DCF is required by law to obtain consent of the parent, guardian or person responsible for the childs care for any interview with the child unless the alleged perpetrator is such person or a member of the childs household. When consent is not required, the interview must be conducted in the presence of a disinterested party, such as the principal, a member of the Crisis Team, or a teacher unless immediate access to the child is necessary to protect the child from imminent risk of physical harm and a disinterested adult is not available after a reasonable search. 4. If DCF determines that an in-school interview is appropriate, the school will provide a private place for the DCF worker to interview the child. School personnel will not participate in the interview unless specifically requested to do so. In either event, the investigation is to be conducted solely by the DCF worker, unless the alleged abuser is a school employee thereby necessitating application of a school investigation and possible disciplinary action. The Crisis Team shall cooperate and in conjunction with DCF provide appropriate management of the situation following a report. It is the responsibility of DCF to investigate reports of suspected child abuse or neglect. However school personnel shall cooperate toward the prevention, identification and investigation of child abuse and/or neglect. If the alleged perpetuator of abuse or neglect does not reside in the home with the child, the school social worker, the principal, or the crisis team designee shall notify the parent(s), guardian or other person responsible for the care of such child that a report to DCF has been made. If the alleged perpetuator or abuse or neglect is in the child's home, and/or in the judgment of the principal and/or crisis team the parent(s), guardian or person responsible for the care of such child may punish the child for revealing the abuse, such notification will be done by DCF. 7. If DCF has probable cause to believe that a child is in imminent risk of physical harm in his/her surroundings, and that immediate removal from such surroundings in necessary to ensure that child's safety, DCF may remove or authorize law enforcement officials to remove the child and other children similarly situated from such surroundings without the consent of the child's parents or guardian. DCF may determine that removal of child from school is necessary. 8. The principal or a designee will immediately inform the Superintendent of Schools of all referrals to DCF of cases of suspected child abuse or neglect. 9. The Crisis Team will document steps taken in the process of reporting and management of a child abuse/neglect situation. 5141.4(f) STUDENTS Reporting of Child Abuse/Neglect (continued) Procedures Following Report of Abuse or Neglect by a School District Employee 1. A staff member who has reasonable cause to suspect that a child has been abused and/or neglected by a school employee must report such to the Superintendent or his/her designee in addition to the report to DCF or law enforcement. 2. The Superintendent shall immediately contact the student's parents/guardian or other person in charge of the child's care that a member of the staff is suspected of possible physical and/or emotional abuse of their child, and that a report to DCF has been made. 3. If DCF, after an investigation has been completed, notifies the Superintendent that it has reasonable cause to believe that a child has been abused by a certified public school employee in a position requiring a certificate, the Superintendent must suspend such school employee with pay and continuation of benefits. DCF shall provide records concerning the investigation to the Superintendent. 4. Within seventy-two (72) hours after such suspension, the superintendent shall notify the local or regional board of education and the Commissioner of Education or his representative, of the reasons for and conditions of the suspension. He shall provide the Commissioner and the Board of Education or its attorney with the records provided by DCF for purposes of review of employment status or certification. 5. The suspension shall remain in effect until the Board of Education acts pursuant to the provisions of Section 10-151. If the staff member's contract of employment is terminated, the Superintendent shall notify the Department of Education within seventy-two (72) hours of such termination. 6. Upon receipt of a notice from the Superintendent that the employee's contract has been terminated, the Commissioner of Education may commence certification revocation proceedings in accordance with the Connecticut General Statutes and regulations. Information contained in such reports shall be confidential subject to regulations adopted by the State Board of Education. It is recommended that the Superintendent file a Request to Revoke the terminated employee's certificate rather than have the Commissioner of Education initiate the revocation procedure. 7. In the case of any other (non-certified) employee, the suspension shall remain in effect until the incident has been satisfactorily resolved by the local board of education. 5141.4(g) STUDENTS Reporting of Child Abuse/Neglect (continued) 8. The states attorney is required by law to notify in writing to the superintendent and the Commissioner of Education when a school employee, or any person holding a certificate issued by the State Board of Education, is convicted of a crime involving an act of child abuse or neglect or certain sexual assault violations. 9. After the investigation has been completed and the Commissioner of Children and Families has reasonable cause to believe that sexual abuse or serious physical abuse of a child has occurred, the commissioner is require by law to notify the Chief States Attorney for the judicial district in which the child resides or in which the abuse occurred and the appropriate law enforcement agency of such belief and shall provide a copy of the report. Reporting by School Personnel of Suspected Abuse or Neglect of a Person with Mental Retardation to the Office of Protection and Advocacy (O, P & A) for Persons with Disabilities Reporting Procedures In cases of suspected abuse or neglect of any person with mental retardation; an oral report shall be made to the Office of Protection and Advocacy for the Handicapped and Developmentally Disabled Persons ("O, P & A") within five calendar days. Such report shall be followed by a written report within five additional calendar days. Such report shall contain the name and address of the allegedly abused or neglected person, a statement from the person making the report indicating his/her belief that such person is mentally retarded, information supporting the supposition that such person is substantially unable to protect him/herself from abuse or neglect, information regarding the nature of the abuse or neglect and any other information which the person making such report believes might be helpful in an investigation of the case and the protection of such person with mental retardation. In the case of students with mental retardation under eighteen (18) years of age, the report to the O, P & A shall be in addition to the reports to DCF. Regulation adopted: March 4, 1997 REDDING PUBLIC SCHOOLS Regulation revised: May 12, 1998 Regulation revised: December 5, 2000 5141.4 APPENDIX B STUDENTS Reporting of Child Abuse (continued) RESOURCES DEPARTMENT OF CHILDREN AND FAMILIES Child Abuse & Neglect Hotline 1-800-842-2288 24 hours/day, 7 days/week REDDING POLICE DEPARTMENT (203) 938-2564 Emergency Police Number (203) 938-2565 or 911 from Redding lines STATE POLICE BARRACKS - SOUTHBURY (203) 748-3573 OFFICE OF PROTECTION AND ADVOCACY FOR PERSONS WITH DISABILITIES 60B Weston Street Hartford CT 06120 1-800-842-7303 or 1-860-297-4300 (For cases involving abuse or neglect of mentally retarded or otherwise disabled adults from ages 18-59) LOCAL DCF OFFICES for follow-up (not for initial reporting) DEPARTMENT OF CHILDREN AND FAMILIES 131 West Street Danbury CT 06810 (203) 207-5100 DCF OMBUDSMANS OFFICE (860) 550-6319 Call if you have concerns about the way DCF handled a situation in which you were involved. 75     .78zdzfj3 ? 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