Mandatory Reporting
All District employees who have knowledge or reasonable cause to believe that a student has been a victim of abuse or neglect are mandatory reporters under the law. Employees shall report such incident(s) to the appropriate school administrator. The school administrator shall cause a report to be made to the proper law enforcement agency and the Department of Social and Health Services (DSHS)/Child Protective Services (CPS). Failure to report such incidents may be considered a misdemeanor under Washington State law.
Detection:
Child abuse and neglect are violations of children’s human rights and an obstacle to their educational development. Staff shall be alert for any evidence of such abuse or neglect. For purposes of this policy, ‘child abuse or neglect’ shall mean:
- Inflicting physical injury on a child by other than accidental means, causing death, disfigurement, skin bruising, impairment of physical or emotional health, or loss or impairment of any bodily function.
- Creating a substantial risk of physical harm to a child’s bodily functioning.
- Committing or allowing to be committed any sexual offense against a child as defined in the criminal code, or intentionally touching, either directly or through the clothing, the genitals, anus or breasts of a child for other than hygiene, child care, or health care purposes.
- Committing acts which are cruel or inhumane regardless of observable injury. Such acts may include, but are not limited to, instances of extreme discipline demonstrating a disregard of a child’s pain or mental suffering.
- Assaulting or criminally mistreating a child as defined by the criminal code.
- Failing to provide food, shelter, clothing, supervision or health care necessary to a child’s health or safety.
- Engaging in actions or omissions resulting in injury to, or creating a substantial risk to the physical or mental health or development of a child.
- Failing to take reasonable steps to prevent the occurrence of the preceding actions.
Procedure:
- All professional school personnel (certificated employees) having reasonable cause to believe that a student has suffered abuse or neglect including physical abuse or sexual misconduct by another school employee shall immediately report such suspected abuse to their administrator and together they shall cause a report to be made to the proper law enforcement agency and DSHS/CPS. The professional staff includes but is not limited to administrators, teachers, nurses, OT/PTs, counselors, SLP’s, psychologists and social workers.
- Classified school employees who have knowledge or reasonable cause to believe that a student has been a victim of abuse or neglect including physical abuse or sexual misconduct by another school employee shall immediately report such abuse or misconduct to the appropriate school administrator.
When to report:
The administrator must cause a verbal report to be made at the first opportunity, but in no case longer than forty-eight hours after there is reasonable cause to believe that a child has suffered abuse or neglect to the proper law enforcement agency and the Department of DSHS/CPS.
How to report
- If a classified employee reports suspected abuse to the school administrator, the administrator shall cause a report to be made to the appropriate law enforcement agency and CPS if he/she has reasonable cause to believe that the misconduct or abuse has occurred.
- If a professional staff member has reasonable cause to believe that a student has been a victim of physical abuse or sexual misconduct they shall immediately report it to the appropriate school administrator and together they must make a report to CPS.
- Upon completion of a verbal report to CPS, the referring administrator/professional staff shall complete the Child Abuse and Neglect Report in triplicate with the administrator's signature. The building administrator shall retain one copy and forward one copy to the district’s Health Services department. Health Services will be responsible for securely retaining CPS reports by year.
- An employee is not relieved from making a direct report to CPS if the employee believes his/her report has not been appropriately acted upon by the administrator. An employee making a direct report to CPS in that circumstance shall, without delaying the report, concurrently advise the principal and make a written report to the director of Special Services as provided above.
Staff need not verify that a child has in fact been abused or neglected. Any conditions or information that may reasonably be related to abuse or neglect should be reported. Legal authorities have the responsibility for investigating each case and taking such action as is appropriate under the circumstances.
Approved:
3/18/76
Revised:
10/2/78
5/7/90
8/07/07
11/15/10
Legal Refs.:
RCW 26.44.020
RCW 22.44.030
RCW 28A.320.160
RCW 28A.400.317