Child Abuse
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Investigating and Reporting Suspected Child Abuse Abandonment or Neglect    POLICY NO: 416

REPORTING REQUIREMENTS

Any school district employee or volunteer having reason to believe that any child under the age of eighteen (18) has been abused, abandoned or neglected, or who observed the child being subjected to conditions or circumstances which had recently resulted in abuse, abandonment or neglect, shall report or cause to be reported within twenty four (24) hours such conditions or circumstances to the proper law enforcement agency or the Department of Health and Welfare.

Failure to report abuse, abandonment or neglect shall be a misdemeanor.

DEFINITIONS

Abuse:

Any case in which the child has been the victim of: 1) conduct or admission in skin bruising, bleeding, malnutrition, burns, fracture of any bone, subdural hematoma, soft tissue swelling, failure to thrive, or death, and such condition or death is not justifiably explained, or where the history given concerning such condition or death is at variance with the degree or type of such condition or death, or the circumstances indicate that such condition or death may not be the product of an accidental occurrence; 2) sexual conduct including rape, molestation, incest, prostitution, obscene or pornographic photography, filming or depicting for commercial purposes, or other similar forms of sexual exploitation harming or threatening the child's health or welfare or a mental injury to the child.

Abandoned:

The failure of the parent to maintain a normal parental relationship with the child, including but not limited to reasonable support or regular personal contact. Failure to maintain this relationship without just cause for a period of one (1) year shall constitute prima facie evidence of abandonment.

Neglect:

A child who is without proper parental care or control or subsistence, or education, medical or other care or control necessary for his/her well being because of the conduct or omission of the parents, guardian or other custodian or the neglect or refusal to provide them; provided however, no child whose parent or guardian chooses for such child treatment by prayer through spiritual means alone in lieu of medical treatment, shall be deemed for that reason alone to be neglected or to lack parental care necessary for his/her health and well being.

PROCEDURE FOR REPORTING

  1. Any school district employee or volunteer shall report or cause to be reported any suspected child abuse, abandonment or neglect within twenty four (24) hours. The employee or volunteer may ask the building principal to call the appropriate agency on his/her behalf.
  2. The reporting party (district employee or volunteer initiating the report) shall complete a written statement setting forth the reasons believed that a child has been abused, abandoned or neglected. The date and time shall be set forth on the written report.
  3. The agencies contacted and the names of the individuals with whom the reporting party spoke shall also be set forth.
  4. Any prior suspicions shall also be set forth.
  5. The written report shall be delivered to the building principal, who shall then deliver a copy of the written report to the superintendent.

In all cases, the building administrator or program supervisor shall be notified as soon as possible.

Because of the specialized training that may be necessary to conduct an investigation of alleged child abuse, abandonment or neglect, any formal investigations of the matter shall be conducted by the Idaho Department of Health and Welfare or the local law enforcement agency. All school district employees and volunteers shall cooperate with these organizations in their investigatory capacities.

REPORTING IMMUNITY

Any person who has reason to believe that a child has been abused, abandoned or neglected and, acting upon that belief, makes a report of abuse, abandonment or neglect as required, shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such participant shall have the same immunity in respect to participation in any judicial proceedings resulting from the report. Any person who reports in bad faith or with malice shall not be protected. Any privilege between husband and wife, or between any professional person, except the lawyer-client privilege, including, but not limited to, physicians, counselors, hospitals, clinics, day care centers, and schools and their clients, shall not be grounds for excluding evidence in any proceedings regarding the abuse, abandonment or neglect of the child or the cause thereof.

Any person who makes a report or allegation of child abuse, damages abandonment or neglect knowing the report to be false, or who reports or alleges such in bad faith or with malice, shall be liable to the person or parties against whom the report was made for the amount of actual sustained or statutory damages of five hundred dollars ($500), which ever is greater, plus attorney fees and costs of suit.

If a court finds that the individual acted with malice or oppression, the court may award treble actual damages or treble statutory damages, whichever is greater.

u u u u u u u

ADOPTED: June 18, 1996

LEGAL REFERENCE:

Idaho Code Sections
16-1602
16-1619
16-1620
16-1620A
A.G. OP’N NO. 93-2