Policy and Procedures for Reporting Child Abuse and Neglect

1. Claiborne County Schools Policy and Procedures for Reporting Child Abuse and Neglect Annual Training for School Employees Reviewed July 2019

2. State LawTCA 37-1-403. Reporting of Brutality, Abuse, Neglect or Child Sexual Abuse (a)  (1)Any person who has knowledge of or is called upon to render aid to any child who is suffering from or has sustained any wound, injury, disability, or physical or mental condition shall report such harm immediately if the harm is of such a nature as to reasonably indicate that it has been caused by brutality, abuse or neglect or that, on the basis of available information, reasonably appears to have been caused by brutality, abuse or neglect.

3. TCA37-1-605. [Amended effective January 15, 2011] Reports of known or suspected child sexual abuse - Investigations - Notification to parents of abuse on school grounds or while under school supervision - • d) (1) Notwithstanding § 37-5-107 or § 37-1-612 or any other law to the contrary, if a school teacher, school official or any other school personnel has knowledge or reasonable cause to suspect that a child who attends such school may be a victim of child abuse or child sexual abuse sufficient to require reporting pursuant to this section and that the abuse occurred on school grounds or while the child was under the supervision or care of the school, then the principal or other person designated by the school shall verbally notify the parent or legal guardian of the child that a report pursuant to this section has been made and shall provide other information relevant to the future well-being of the child while under the supervision or care of the school. The verbal notice shall be made in coordination with the department of children's services to the parent or legal guardian within twenty-four (24) hours from the time the school, school teacher, school official or other school personnel reports the abuse to the department of children's services; provided, that in no event may the notice be later than twenty-four (24) hours from the time the report was made. The notice shall not be given to any parent or legal guardian if there is reasonable cause to believe that the parent or legal guardian may be the perpetrator or in any way responsible for the child abuse or child sexual abuse.

4. The sentence for statutory rape by an authority figure Statutory Rape by an authority figure, which includes teachers, is an extremely serious sex offense, and is considered to be a violent sex offense under the law. This means that if you are convicted of this offense, you will have to register as a sex offender for life in Tennessee. Statutory rape by an authority figure is a Class C felony. Class C felonies are punished between 3 and 15 years incarcerated and/or up to a $10,000 fine. Additionally, no person who is found guilty of or pleads guilty to statutory rape by an authority figure: • Is eligible for probation • Can live or work within 1000 feet of any public or private school, licensed day care center, public park, playground, recreation center or public athletic field available for use by the general public.

5. District Policy • Claiborne County Board of Education Policy 6.409, Child Abuse and Neglect (Handout)

6. 2005 Changes in TN Law • The person who suspects or has knowledge of child abuse or neglect reports directly to DCS. •  School system may have internal tracking procedure of all school system reported complaints. •  Failure to report is a Class A misdemeanor with a fine of up to $2,500 (was $50).

7. Report Child Abuse and Neglect ALL personnel shall be alert for any evidence of child abuse or neglect. It is required by State Law and Claiborne County School Board Policy 6.409 that any school employee who is aware of possible child abuse or neglect report it DIRECTLY to DCS. ALL SCHOOL PERSONNEL SHALL KNOW THAT THEY ARE MANDATORY REPORTERS UNDER TENNESSEE STATE LAW. A FAILURE TO REPORT SUSPECTED CHILD ABUSE COULD RESULT IN FURTHER HARM BEING DONE TO A CHILD AND ADDITIONALLY CAN SUBJECT THEM (TEACHER) TO CRIMINAL CHARGES.

8. HOTLINE NUMBERS Department of Children’s Services HOTLINE NUMBERS: Public: 1-877-237-0004 K-12 Schools: 1-855-209-4226 Child Abuse Hotline: 1-877-542-2873

9. Procedure for School Employees to Report Child Abuse and Neglect Step (1): Call Department of Children’s Services If the child is in imminent harm, local law enforcement officials shall be notified and made aware of the situation. Step (2): Employee notifies school principal of the child abuse report to DCS. If the teacher informs the principal of his/her school, the principal is also obligated to file a report to the Department of Children’s Services hotline. Step (3): School Principal notifies Central Office contact of the child abuse report to DCS.

10. The report should include: The name, address and age of the child; The name and address of the parents or persons having custody of the child; The nature and extent of the abuse or neglect; and Any evidence to the cause or any other information that may relate to the cause or extent of the abuse or neglect. The person reporting shall be immune from liability and his/her identity shall remain confidential except when the juvenile court determines otherwise.

11. Procedures for reporting and cooperating in investigations within the school The principal shall designate a contact person in each school to serve as liaison to the Department of Children’s Services. The person making the original report to the contact person should follow-up within 24 hours with a written report of the incident describing exact behavior or conditions observed.

12. What should the written report contain? • It should NOT contain the reporter’s subjective feelings, but should contain specific descriptive observations on the nature and extent of abuse or neglect including circumstances leading to suspicions. • Information should be accompanied with the name and address of the child, the parent/guardian responsible for the care of the child and the present where abouts of the child if not at home. • The report should not become part of the educational record of the child. • The Department of Children’s Services will be responsible for the removal of the child by court order if warranted, and for notifying parents of this action.

13. Important Guidelines • Reporting cases not involving apparent or obvious physical injury should be made by presuming that abuse has occurred when a child complains of having been sexually molested or in pain. Abused children typically explain injuries by attributing them to accidents in play. In any case no attempt should be made by school personnel to press a child on the subject of parental or guardian abuse to validate the suspicion. Validation of suspected abuse is NOT the responsibility of the school.

14. Important Guidelines (cont.) • In suspected child neglect cases when any of the situations listed in the identification guidelines is present or suspected and there is any doubt or questions in reporting such cases, it should be resolved in favor of the child.

15. Investigations • School administrators and employees have a duty to cooperate, provide assistance and information in child abuse investigations, including permitting child abuse review teams to conduct interviews while the child is at school. • The principal may control the time, place and circumstances of the interview, but may not insist that a school employee be present even if the suspected abuser is a school employee or another student. • The principal is not in violation of any laws by failing to inform parents that the child is to be interviewed even if the suspected abuser is not a member of the child’s household.

16. Additional Information The Tennessee Department of Children’s Services web site provides additional information regarding child abuse, the different laws and reporting requirements http://www.state.tn.us/youth/childsafety.htm or https://www.sworps.tennessee.edu/child_abuse_reporting/start.html or https://reportabuse.state.tn.us/ or To report online use secure site https://apps.tn.gov

17. What is Child Abuse? • Child abuse and neglect occurs when a child is mistreated, resulting in injury or risk of harm. Abuse can be physical, verbal, emotional or sexual.

18. Forms of Child Abuse • Physical Abuse is non-accidental physical trauma or injury inflicted by a parent or caretaker on a child. It also includes a parent's or a caretaker's failure to protect a child from another person who perpetrated physical abuse on a child. In its most severe form, physical abuse is likely to cause great bodily harm or death.

19. Forms of Child Abuse • Physical Neglect is the failure to provide for a child's physical survival needs to the extent that there is harm or risk of harm to the child's health or safety. This may include, but is not limited to abandonment, lack of supervision, life endangering physical hygiene, lack of adequate nutrition that places the child below the normal growth curve, lack of shelter, lack of medical or dental that results in health threatening conditions, and the inability to meet basic clothing needs of a child. In its most severe form, physical neglect may result in great bodily harm or death.

20. Forms of Child Abuse • Emotional Abuse includes verbal assaults, ignoring and indifference or constant family conflict. If a child is degraded enough, the child will begin to live up to the image communicated by the abusing parent or caretaker.

21. Forms of Child Abuse • Sexual Abuse includes penetration or external touching of a child's intimate parts, oral sex with a child, indecent exposure or any other sexual act performed in a child's presence for sexual gratification, sexual use of a child for prostitution, and the manufacturing of child pornography. Child sexual abuse is also the willful failure of the parent or the child's caretaker to make a reasonable effort to stop child sexual abuse by another person.

22. Possible Child AbuseSigns & Symptoms Behavioral • Overly aggressive behavior • Explosive, inappropriate behavior, running away • Unusual interest in sex • Sudden mood changes, unusually emotional, anxious, depressed or withdrawn extreme fatigue or overly passive • Obsessed with cleanliness • Slowed development in toilet training, motor skills, socialization, and language • Regressive behaviors, thumb-sucking, baby talk, curling into fetal position • Sleeping disturbances, nightmares, insomnia • Eating problems, such as loss of appetite, anorexia, bulimia, or compulsive overeating • Self-mutilation, cutting or hurting oneself • Performing below grade level in school • Fighting or stealing

23. Possible Child AbuseSigns & Symptoms Emotional • Sad, depressed, withdrawn, daydreaming • Aggressive behavior • Difficulty trusting adults and making friends • Low self-esteem, guilty, blaming oneself • Memory loss • Lack of sufficient care and supervision

24. Possible Child AbuseSigns & Symptoms Physical • Neglected appearance, missing hair or teeth • Suspicious or repeated cuts, bruises, welts, or burns • Walking in an unusual manner • Delayed physical or developmental growth or delays in speech and language • Poor coordination and motor skills • Psychosomatic illnesses • Abdominal or stomach pain • Headaches • Painful urination, reoccurring urinary tract infections, discharge, pain, itching, or bleeding in the genital or rectal area, sexually transmitted diseases, pregnancy • Bed-wetting • Death from injuries, untreated illnesses, or suicide

25. Possible Child AbuseSigns & Symptoms The presence of one or more of the symptoms, signs, or behaviors listed is not necessarily indicative of abuse or neglect, but are only possible signs and symptoms of child abuse.

26. Managing Boundaries & Preventing Inappropriate Boundary Invasions • Due to the nature of the profession, a teacher is always under a microscope as to his/her behavior. • Teachers are considered leaders and authority figures. • Awareness of those behaviors which increase an educator’s risk of exposure to claims of misconduct, including appropriate use of the internet, email and text messaging may prevent boundary invasions.

27. Percent of Students In Grades 8 to 11 Who Have Experienced Educator Sexual Misconduct • 9.6 % reported contact and/or noncontact educator sexual misconduct that was unwanted • 8.7 % reported only noncontact misconduct • 6.7 % reported only contact misconduct (some reported both types)

28. Inappropriate Relationships Do Not Happen All of A Sudden! • Develops over a period of time. • With some students it might be over a brief period of time; other students take more “grooming”. • Initial acts are somewhat less premeditated and often are: • Opportunistic, • a result of bad judgment, or • a misplaced sense of privilege. Source: Shakeshaft, 2004

29. Educator sexual offenders often are: • Well-liked and considered excellent teachers • Trusted by parents and staff • Adults who have access to students before or after school or in private situations (e.g., coaches, music teachers.) • Work with vulnerable students.

30. Examples of Boundary Invasions which could be potential Sexual Grooming: • Working with an individual student behind a closed door. • Touching children when there is no educational reason to do so. • Flirting with students. • Off-color remarks to students. • Giving a student rides alone. • Frequent socializing with a student at school. • Getting a student out of other classes to see the teacher.

31. Boundary Invasions, cont’d: • Socializing with the student away from school. • Inviting students to the teacher’s home. • More than normal individual attention given to a particular student. • Frequent e-mails or texting to a child for non-educational reasons. • Using e-mail to do any of the above. • Electronic social networking. • Any combination of the above.

32. Other Red Flags • An adult often engaging in “peer-like” behavior with students. • A teacher who asks students to keep secrets.

33. In Essence, Grooming Is Based Upon: • Having a “Special Relationship” with a student. • Socializing with the student • Away from school. • After school hours. • Electronically. • Often the student: • Has problems at home. • Is in need of adult attention.

34. Watch for Red Flags • Change in student’s behavior • Inappropriate sexual behavior, late arrivals to class, changes in personality, increased time with one school employee • Rumors about a student and a teacher • Behavior of the adult • Close personal relationships with students, time alone with students, time before and after school with students, time in private spaces with students, flirtatious behavior with students, off-color remarks in class • Text-messaging with students, participation in MySpace/Facebook with students

35. How Does A School District Protect Itself? • Have a policy that addresses sexual harassment (student-on-student, employee-on-student, employee-on-employee) and establishes procedures for one to follow if subjected to sexual harassment • Designate an employee to coordinate the school’s responsibilities • Provide staff in-service • Orientation for all students • Copy of policies and procedures given to all students and employees

36. How Does A School District Protect Itself? • Assurance that students who make complaints or provide information will be protected against retaliation • Assurance that the school will protect the confidentiality of harassment complaints to the extent possible • Assurance that the school will take immediate and appropriate corrective action when it determines that harassment has occurred

37. Sources • Tennessee Code Annotated http://www.state.tn.us/environment/permits/tcalink.shtml • Tennessee Department of Children’s Services http://www.tennessee.gov/youth/childsafety.htm • Tennessee DCS Child Abuse Reporting Training https://www.sworps.utk.edu/child_abuse_reporting/start.html • Tennessee Sex Offender Registry http://www.ticic.state.tn.us/sorinternet/sosearch.aspx • Claiborne County Board of Education Policy http://www.claibornecountyschools.com • Tennessee School Board Association http://www.tsba.net/ • Russell Johnson, District Attorney General - 865-376-2145 • Child Advocacy Center - 865-986-1505 • WA Schools Risk Management Pool

38. Report Child Abuse1-877-237-0004 It should not hurt to be a child.