3421 Procedure – Child Abuse, Neglect and Exploitation Prevention

Each school principal will develop and implement an instructional program that will teach students:

A. How to recognize the factors that may cause people to abuse, neglect or exploit others.

B. How one may protect oneself from incurring these forms of maltreatment; and

C. What resources are available to assist an individual who does or may encounter an abusive or neglectful situation.

 

To facilitate such a program, staff will receive training regarding reporting obligations during their initial orientation and every three years after initial employment. Training may include such topics as:

A. Child growth and development.

B. Identification of child abuse or neglect.

C. Effects of abuse or neglect on child growth and development.

D. Personal safety as it relates to potential child abuse or neglect.

E. Parenting and supervision skills.

F. Life situations/stressors which may lead to child abuse or neglect; and

G. Substance abuse.

Reporting Responsibilities

Staff are required to report every instance of suspected child abuse or neglect.

 

The following procedures are required when reporting instances of suspected child abuse or neglect:

A. When there is reasonable cause to believe that a child has suffered abuse or neglect, staff or the principal will orally report it to the nearest office of Child Protective Services (CPS) of the Department of Children, Youth and Families (DCYF) or the local law enforcement agency. This report must be made at the first opportunity, but in no case longer than forty-eight (48) hours after there is reasonable cause to believe that the child has suffered abuse or neglect. Additionally, upon request, a written report will be submitted promptly to the agency to which the oral report was made.

Staff will also advise the principal regarding instances of suspected abuse or neglect as well as reports that have been made to CPS or law enforcement.鈥疘n the principal鈥檚 absence, staff will advise the nurse or counselor.

A staff member may contact CPS or law enforcement to determine if a report should be made. Any doubt about the legal necessity of making a report will be resolved in favor of making the report.

B. Oral and written reports will include the following information, if known:

        1. The name, address and age of the child.
        2. The name and address of the child鈥檚 parents, stepparents, guardians or other persons having custody of the child.
        3. The nature and extent of the suspected abuse or neglect.
        4. Any evidence of previous abuse or neglect, including the nature and extent.
        5. Any other information that may relate to the cause or extent of the abuse or neglect; and
        6. The identity of the person accused of inflicting the abuse.

C. When the district receives a report that a school employee has committed an act of sexual misconduct, it will notify the parent/guardian of the alleged victim at the first opportunity but in all cases鈥痺ithin forty-eight (48) hours of receiving the report. The notice will include information regarding their rights under the public records act, chapter鈥42.56鈥疪CW, to request the public records regarding school employee discipline. This information shall be provided to all parents/guardians on an annual basis.Child abuse as defined by the statutes can be inflicted 鈥渂y any person鈥 and may include student-on-student abuse. 鈥疶hese cases also require reporting to CPS or law enforcement.

 

Defining Child Abuse and Neglect

Child abuse or neglect means:

A. Injury of a child by any person under circumstances which cause harm to the child’s health, welfare or safety;

B. Sexual abuse, sexual exploitation or female genital mutilation by any person under circumstances which cause harm to the child’s health, welfare or safety; or

C. The negligent treatment or maltreatment of a child by a person responsible for or providing care to the child.

Negligent treatment or maltreatment means:

A. An act or a failure to act or

B. The cumulative effects of a pattern of conduct, behavior or inaction on the part of a child’s parent, legal custodian, guardian or caregiver that shows a serious disregard of the consequences to the child and creates a clear and present danger to the child’s health, welfare or safety.

 

Physical abuse means:

A. The nonaccidental infliction of physical injury or physical mistreatment on a child that harms the child’s health, welfare or safety. It may include, but is not limited to, such actions as:

        1. Throwing, kicking, burning or cutting a child.
        2. Striking a child with a closed fist.
        3. Shaking a child under the age of three.
        4. Interfering with a child’s breathing.
        5. Threatening a child with a deadly weapon; or
        6. Doing any other act that is likely to cause and that does cause bodily harm greater than transient pain or minor temporary marks or that is injurious to the child’s health, welfare or safety.

Physical discipline of a child, including the reasonable use of corporal punishment, is not considered abuse when it is reasonable and moderate and is inflicted by a parent/guardian for the purposes of restraining or correcting the child.

 

Sexual abuse means:

A. Committing or allowing to be committed any sexual offense against a child as defined in the criminal code.

B. The intentional touching, either directly or through the clothing, of the sexual or other intimate parts of a child or allowing, permitting, compelling, encouraging, aiding or otherwise causing a child to engage in touching the sexual or other intimate parts of another for the purpose of gratifying the sexual desire of the person touching the child, the child or a third party.

 

Sexual exploitation includes, but is not limited to, sex trafficking and commercial sexual exploitation and includes such actions as allowing, compelling, encouraging, aiding or otherwise causing a child to participate in one or more of the following:

A. Any sex act when anything of value is given to or received by any person for the sex act.

B. Sexually explicit, obscene or pornographic activity to be photographed, filmed or electronically reproduced or transmitted.

C. Sexually explicit, obscene or pornographic activity as part of a live performance or for the benefit or sexual gratification of another person.

 

These signs may signal the presence of child abuse or neglect.

A. The child:

        1. Shows sudden changes in behavior or school performance.
        2. Has not received help for physical or medical problems brought to the parents’/guardians鈥 attention.
        3. Has learning problems (or difficulty concentrating) that cannot be attributed to specific physical or psychological causes.
        4. Is always watchful, as though preparing for something bad to happen.
        5. Lacks adult supervision.
        6. Is overly compliant, passive or withdrawn.
        7. Comes to school or other activities early, stays late and does not want to go home.

B. The parent/guardian or other adult caregiver and the child:

        1. Shows little concern for the child.
        2. Denies the existence of-or blames the child for-the child’s problems in school or at home.
        3. Asks teachers or other caretakers to use harsh physical discipline if the child misbehaves.
        4. Sees the child as entirely bad, worthless or burdensome.
        5. Demands a level of physical or academic performance the child cannot achieve.
        6. Looks primarily to the child for care, attention and satisfaction of emotional needs.

C. The parent/guardian or other adult caregiver and child:

        1. Rarely touch or look at each other.
        2. Consider their relationship entirely negative.
        3. State that they do not like each other.

 

Common Indicators of Physical Abuse.

A. Consider the possibility of physical abuse when the鈥痗hild:

        1. Has unexplained burns, bites, bruises, broken bones or black eyes.
        2. Has fading bruises or other marks noticeable after an absence from school.
        3. Is frightened of the parents/guardians and protests or cries when it is time to go home.
        4. Shrinks at the approach of adults.
        5. Reports injury by a parent/guardian or another adult caregiver.

B. Consider the possibility of physical abuse when the鈥痯arent/guardian or other adult caregiver:

        1. Offers conflicting, unconvincing or no explanation for the child’s injury.
        2. Describes the child as “evil,” or in some other very negative way.
        3. Uses harsh physical discipline with the child.
        4. Has a history of abuse as a child.

 

Common Indicators of Emotional Abuse.

A. Consider the possibility of emotional maltreatment when the鈥痗hild:

        1. Shows extremes in behavior, such as overly compliant or demanding behavior, extreme passivity or aggression.
        2. Is either inappropriately adult-like (parenting other children, for example) or inappropriately infantile (frequently rocking or head-banging, for example).
        3. Is delayed in physical or emotional development.
        4. Has attempted suicide.
        5. Reports a lack of attachment to the parent.

B. Consider the possibility of emotional maltreatment when the鈥痯arent/guardian or other adult caregiver:

        1. Constantly blames, belittles or berates the child.
        2. Is unconcerned about the child and refuses to consider offers of help for the child’s problems.
        3. Overtly rejects the child.

 

Common Indicators of Sexual Abuse

A. Consider the possibility of sexual abuse when the鈥痗hild:

        1. Has difficulty walking or sitting.
        2. Suddenly refuses to change for gym or participate in physical activities.
        3. Reports nightmares or bedwetting.
        4. Experiences a sudden change in appetite.
        5. Demonstrates bizarre, sophisticated or unusual sexual knowledge or behavior.
        6. Becomes pregnant or contracts a venereal disease, particularly if under age 14.
        7. Runs away.
        8. Reports sexual abuse by a parent/guardian or another adult caregiver.

B. Consider the possibility of sexual abuse when the鈥痯arent/guardian or other adult caregiver:

        1. Is unduly protective of the child or severely limits the child’s contact with other children, especially of a different sex.
        2. Is secretive and isolated.
        3. Is jealous or controlling with family members.

Common Indicators of Neglect

A. Consider the possibility of neglect when the鈥痗hild:

        1. Is frequently absent from school.
        2. Begs or steals food or money.
        3. Lacks needed medical or dental care, immunizations or glasses.
        4. Is consistently dirty and has a severe body odor.
        5. Lacks sufficient clothing for the weather.
        6. Abuses alcohol or other drugs.
        7. States that there is no one at home to provide care.

B. Consider the possibility of neglect when the鈥痯arent/guardian or other adult caregiver:

        1. Appears to be indifferent to the child.
        2. Seems apathetic or depressed.
        3. Behaves irrationally or in a bizarre manner.
        4. Is abusing alcohol or other drugs.

A parent/guardian of a child, a person authorized by the parent/guardian to provide childcare for the child or a person providing medically recognized services for the child may touch a child in the sexual or other intimate parts for the purposes of providing hygiene, childcare and medical treatment or diagnosis.

 

NOTE:鈥 Indicators in and of themselves do not necessarily prove that abuse, neglect or exploitation has occurred. 鈥疕owever, they still may warrant a referral to CPS or law enforcement. When in doubt, staff should consult with CPS about making a report.

Adopted/Previous Revisions: 11/09/06; 01/23/15; 04/18/16; 07/17/13/18
Updated: 06/21/23