Abuse and Neglect Reporting

File: LC-J01 (Page 1)

ABUSE AND NEGLECT REPORTING

I. DEFINITIONS

A. The Code of Virginia mandates teachers or other persons employed in the public schools to report suspected abuse and neglect of children and/or adults that are under their charge.

B. An abused or neglected child shall mean any child less than 18 years of age or a child less than 22 with disabilities whose parent(s) or other person(s) is/are responsible for the child’s care:

1. Creates, inflicts, or threatens to create or inflict upon such child a physical or mental injury by other than accidental means; or creates a substantial risk of death, disfigurement, or impairment of bodily or mental functions.

2. Neglects or refuses to provide care necessary for the child’s health provided, however, that no child who in good faith is under treatment solely by spiritual means through prayer in accordance to the tenets and practices of a recognized church or religious denomination shall for that reason alone be considered to be an abused or neglected child.

3. Abandons such child.

4. Commits or allows to be committed any sexual act upon a child.

C. An abused or neglected adult shall mean any individual who is 18 years of age or older and whose parent(s) or other person(s) is/are responsible for the individual’s care and is subjected to the above grievances listed for an abused or neglected child.

II. REPORTING AND INVESTIGATION PROCEDURES

Different procedures are to be followed depending upon the site of the alleged incident and the who the alleged abuser/neglector is. Also, there are slight differences for procedures for victims based upon their ages and/or disabilities. Thus victims are grouped into three (3) different categories.

1. All students less than 18 years of age who shall be considered as children;

2. Students who are at least 18 but less than 22 and have disabilities, may be considered as children depending upon their disability and the degree to which they are responsible for themselves; and

3. Students who are over the age of 18 who will be considered as adults.

SECTION I REPORTING ABUSE/NEGLECT

A. Responsibilities of the School Division Employees

1. According to Virginia state law, any teacher or other person employed in a public school is a mandated reporter. As such, any teacher or other person employed in a public school is required to report all instances of suspected abuse, neglect, and exploitation of children

LEE COUNTY PUBLIC SCHOOLS File: LC-J01 (Page 2)

under the age of 18, an individual who is at least 18 but less than 22 who has disabilities, or an adult under the school system’s charge to local departments of social services (DSS).

All mandated reports (VA Code § 63-1606) are required to disclose all information which is the basis for the suspicion of abuse, neglect or exploitation and, upon request, make available to the Child Protective Services (CPS) worker or to the Adult Protective Services (APS) worker investigating the report any records or reports which document the basis for their suspicion of abuse, neglect, and/or exploitation.

2. In order to facilitate a more efficient reporting process, the principal and/or appointed designee in the principal’s absence will be the contact person to whom all reports from school staff on suspected abuse, neglect, or exploitation will be made. The principal or designee are obligated to report cases of suspected abuse or neglect bought to his/her attention by staff members and this obligation is not discretionary and he/she must assure that the case is duly reported.

3. When the contact person receives reports of suspected child abuse or neglect from school staff, the contact person will immediately transmit the report to the local department of social services or to the State Hotline (1 800 552 7096).

4. If a complainant believes that a delay resulting from following these procedures would be detrimental to the individual, he/she may report the case directly and then inform the designated contact person of the referral. Nothing in these recommended procedures prohibits a mandated reporter from reporting child abuse and neglect directly to the local department of social services.

5. When reporting child abuse or neglect, the local school employee must share with the local department of social services all information that establishes the basis for the suspicion of abuse or neglect of the alleged victim child.

B. Responsibilities of Department of Social Services

1. Local department of social services shall have the capability of receiving reports on a 24- hours-a-day, 7-days-a-week basis.

2. Local departments of social services shall provide information and cooperate in training the local school division personnel regarding their responsibilities to report suspected child abuse or neglect, methods of reporting suspected incidents, and the role and functions of the local departments of social services in child abuse and neglect.

SECTION II. INVESTIGATIONS OF ABUSE AND NEGLECT WHEN THE CHILD/ADULT IS ALLEGED TO HAVE BEEN ABUSED/NEGLECTED IN AN IN-HOME SETTING

A. Responsibilities of School Division

1. The school division shall allow the local Child Protective Services (CPS) or Adult Protective Services (APS) worker(s) to interview the child, siblings, adult without consent of parents/guardians. In order to protect the family’s right to privacy the interview shall be in private. The interview may include school personnel upon the discretion of the CPS/APS worker.

2. The local school division shall cooperate with the CPS/APS worker, and provide the following resources, as appropriate:

a. Private room or other space for interviews of the victim(s).

b. Pertinent directory type information such as home and work phone numbers of the parents/guardians and home address.

c. The Federal Education Rights and Privacy Act (FERPA) prohibits the sharing of student information without explicit parental consent unless the CPS/APS worker has a court order to review the record. However, in an emergency or health/safety situation, the school could provide access to the record. The school determines what constitutes an emergency.

B. Responsibilities of the Department of Social Services

1. Upon receipt of the complaint, the local social services department will conduct an immediate investigation. The local CPS/APS worker assigned to investigate will contact the designated school contact person to arrange, if necessary, for:

A. Securing further information in regard to the complaint;

B. Obtaining records an/or documentation relative to the complaint on which may be the basis for the complaint;

C. Obtaining home address and telephone numbers, both home and work, for the parents/guardians.

D. Making arrangements to see and interview the alleged victim at school when necessary.

2. If the investigation requires the CPS/APS worker to go onto school premises, the local CPS/APS worker shall inform the principal or designee upon arriving at the school of why he/she is at the school and the need for private space to interview the victim.

3. The CPS/APS worker shall complete the investigation and make a disposition within 45 calendar days. If the investigation is not completed within 45 days, the record shall document the reasons.

4. If the initial report was made by a school employee, that individual shall receive a written communication from the local department of social services informing him/her that the investigation has been completed, and either that the disposition was “Unfounded,” or that the “Child/Adult is in need of protective services.”

SECTION III. INVESTIGATIONS OF CHILD ABUSE/NEGLECT WHEN THE CHILD IS ALLEGED TO HAVE BEEN ABUSED/NEGLECTED BY A SCHOOL EMPLOYEE

A. Responsibilities of the School Division

1. The school division superintendent’s designee, if there is not conflict of interest, shall participate in planning the investigation when the report names a school division employee as the abuser/neglector.

2. If the investigation involves a school employee as the alleged perpetrator, the school division superintendent’s designee shall inform the alleged perpetrator that he/she has the right to involve a representative of his/her choice to be present during the interviews. The designee should inform him/her if anyone other than the CPS/APS worker is planning to be present.

3. If the investigation involves a school employee as the alleged perpetrator, the school division shall cooperate with the needs of the CPS/APS worker, and provide the following resources, appropriate.

a. Room/private space for interviews of staff and victim(s);

b. Accompaniment of the CPS/APS worker to the site of the alleged abuse;

c. Pertinent policies, procedures, and records;

d. Names, functions, and roles of involved parties;

e. Work schedules of staff;

f. Phone numbers and/or addresses of collateral children’s parents/guardians in order for the CPS/APS worker to gain permission to interview them as witnesses.

B. Responsibilities of Local Departments of Social Services

1. Conduct an immediate investigation upon receiving a report about suspected incidents of child/adult abuse/neglect.

2. If the investigation requires the CPS/APS worker to go onto school premises, the local CPS/APS worker shall inform the site administrator or designee of the allegations being investigated, the subjects named in the report [alleged abuser and alleged victim child(ran)], and the CPS/APS worker’s role and expectations, including private space to interview the victim.

3. If there is not conflict of interest, the CPS/APS worker shall invite the superintendent’s designee to participate in the planning of a joint investigation.

4. The CPS/APS worker must request from the administrator the following resources, as appropriate:

a. Private room/private space for interviews of staff and children;

b. Accompaniment of the CPS/APS worker to the site of the alleged abuse;

c. Pertinent policies, procedures, and records;

d. Names, functions, and roles of involved parties;

e. Work schedules of staff;

f. Phone numbers and addresses of collateral children’s parents/guardians in order to gain permission for the CPS/APS worker to interview them as witnesses.

5. The CPS/APS worker shall interview the alleged abuser according to a plan developed jointly with the facility administrator or designee. Where there is an apparent conflict of interest, the CPS/APS worker shall use discretion regarding who is to be present in the interview.

6. The CPS/APS worker shall inform the alleged abuser that he has the right to involve a representative of his/her choice to be present during the interviews. The CPS/APS worker should also inform him/her if anyone other than the CPS/APS worker is planning to be present.

7. The CPS/APS worker shall inform the alleged abuser with the allegations in writing, and offer to tape record the interview, and provide a copy to the alleged abuser at the earliest convenience.

8. The CPS/APS worker shall interview collateral staff witnesses, as appropriate, according to a plan developed jointly with the superintendent’s designee. Where there is an apparent conflict of interest, the CPS/APS worker shall use discretion regarding who is to be present in the interview.

9. The CPS/APS worker shall keep the superintendent’s designee apprised of the progress of the investigation on an ongoing basis until the investigation is completed.

10. The CPS/APS worker shall complete the investigation and make a disposition with in 45 calendar days. If the investigation cannot be completed in 45 days, record will document the reasons.

11. When the investigation is completed and a disposition is made, the CPS/APS worker shall verbally notify both the alleged abuser and the superintendent’s designee. The alleged abuser should be informed first, or at the same time as the designee. A written report of the findings shall be submitted to the alleged abuser along with his/her disposition notification letter and appeal notification. A copy of the report of findings shall be submitted to the superintendent’s designee. This report of findings shall be include a summary of the investigation, with an explanation of how the information gathered supports the disposition.

12. The local department of social services shall inform the parent, guardian, or agency holding custody of the victim with written notification of the disposition, at the time the finding is made. The CPS/APS worker may use discretion in determining the extent of investigative findings to share with the parent; however, sufficient detail must be provided for the victim’s custodian to know what happened to his/her child, to make plans for the child, and to provide needed support and services.

13. If the initial report was made by a school employee, that individual shall receive a written communication from the local department of social services informing him/her that the investigation has been completed, and either the disposition was “Unfounded,” or that “Child/Adult is in need of protective services.”

14. Upon completion of an APS investigation, specific information should be shared with the following agencies/programs when the APS worker finds the sharing of such information appropriate or the agencies/programs request such information.

A. Agencies/programs who have a legitimate interest related to regulatory or statutory authority and have provided assurances of confidentiality.

B. The facility administrator and/or owner and/or Board.

C. The local school superintendent, if the facility is a public school.

D. The adult’s legally appointed guardian, conservator, or authorized representative.

SECTION IV FOLLOW-UP TO THE INVESTIGATION

The CPS/APS worker shall make follow-up contacts and take other appropriate action as needed in “needs protective services” cases until the service plan goals have been met and the victim is no longer at risk of abuse, neglect, and/or exploitation.

Post-investigative follow-up with the facility to ensure corrective action of regulatory of deficiencies is generally the responsibility of the regulatory authority and the facility administrator or, in public schools, the School Board.

If the facility administrator, the School Board, and/or appropriate regulatory authority does not agree with the findings of the APS investigation and indicates that action will not be taken to protect the adult, the APS worker shall consult with the adult, appropriate family members, a legally appointed guardian, and/or other persons with a legitimate interest in the well-being of the adult to discuss options to assure that the adult is protected.

When a school employee is named as the abuser, the school division may provide post- investigation corrective action, as deemed appropriate by the school, for the school facility and any personnel, including the named abuser. Nothing prohibits local school divisions from implementing disciplinary measures according to the policies and procedures.

III CONFIDENTIALITY

Information shall be shared between appropriate staff of the local departments of social services and the school division which is accurate, complete, timely, and pertinent so as to assure fairness in determination of the disposition of the complaint.

All information gathered shall be treated confidentially, in accordance with applicable social services and education requirements.

CPS/APS records are confidential and are not subject to the Virginia Freedom of Information Act EXCEPT THAT SUCH INFORMATION MY BE DISCLOSED TO PERSONS HAVING A LEGITIMATE INTEREST THEREIN WHERE DISCLOSURE OF THE INFORMATION IS REASONABLY NECESSARY FOR THE CONDUCTING OF INVESTIGATIONS BY STATE OR

LEE COUNTY PUBLIC SCHOOLS LOCAL GOVERNMENT AGENCIES OR THE PROVISION OF SERVICES TO THE INDIVIDUAL WHO IS THE SUBJECT OF THE REPORT. File: LC-J01 (Page 7)

Agencies and/or individuals receiving the confidential information shall provide the local agency with assurances that the information will be held confidential. Exception: Such assurances are not required of:

1. Department service staff who shall have regular access to CPS/APS records maintained by local agencies.

2. An attorney representing a local agency in an CPS/APS case, and

3. Collaterals as part of the investigation.

IV. PENALTIES

A. Any person required to file a report regarding suspected child abuse and neglect who is found guilty of failure to do so shall be fined not more than $500 for the first failure.

B. Subsequent failures incur a fine of not less than $100 or more than $1,000.

V. IMMUNITY

Any person who makes such a report or who participates in a judicial proceeding resulting there from shall be immune from any civil or criminal liability in connection therewith, unless it is proven that such person acted with malicious intent.

Adopted: July 14, 2003

LEE COUNTY PUBLIC SCHOOLS