Duty to Report Abuse/Neglect

1. Duty to Report Abuse/Neglect Kentucky Revised Statute 620.030 Students: Policy 09.227

2. The Law Requires You Report Abuse/Neglect • Any teacher, school administrator, or other school personnel who knows or has reasonable cause to believe that a child under age eighteen (18) is dependent, abused or neglected1 shall immediately make a report to a local law enforcement agency or the Kentucky State Police, the Cabinet for Families and Children or its designated representative, the Commonwealth's Attorney or the County Attorney in accordance with KRS 620.030.2 • After making the report, the employee shall notify the Principal of the suspected abuse, who then shall also promptly make a report to the proper authorities for investigation.If the Principal is suspected of child abuse, the employee shall notify the Superintendent/designee who shall also promptly report to the proper authorities for investigation.

3. Definition and Examples “Abused or neglected child" means a child whose health or welfare is harmed or threatened with harm when his parent, guardian, or other person exercising custodial control or supervision of the child…

4. Examples • …Inflicts or allows physical or emotional injury to a child(other than accidental means) • …Engages in a pattern of conduct that renders the parent incapable of caring for the immediate and ongoing needs of the child including, but not limited to, parental incapacity due to alcohol and other drug abuse • …Fails or refuses to provide essential parental care and protection for the child, considering the age of the child

5. Examples (continued) • …Commits or allows an act of sexual abuse, sexual exploitation, or prostitution upon the child; • …Abandons or exploits the child • …Does not provide the child with adequate care, supervision, food, clothing, shelter, education or medical care necessary for the child's well-being. • …Fails to make sufficient progress toward identified goals as set forth in the court approved case plan to allow for the safe return of the child to the parent

6. Who Must Report • The law states that it is the duty of everyone who has reasonable cause to believe that a child is dependent, abused, and/or neglected report the abuse immediately. • If in doubt, call the hotline and talk over what has come to your attention. • Hotline staff will assist in determining whether a specific incident must be reported and to whom.

7. Exemptions to Report • Only attorneys who gather information from their clients and clergymen who in their capacity as a spiritual advisor who gather information privately from a clergy-penitent are exempt from the mandate to make a report based on such information. • The husband-wife relationship does not exempt you from reporting • Professional-client or patient privilege does not exempt you from reporting

8. Immunity Both civil and criminal immunity from prosecution are given to any person making a report or assisting legal authorities or the child protection program in making an assessment, as long as that person is acting in good faith.

9. Confidentiality • By law the Cabinet for Health and Family Services cannot disclose information about the case to you unless you have legitimate interest • Your name is kept confidential when you make a report to the Cabinet for Health and Family Services • Parents can access records for their child providing they are not under investigations relating to the suspected abuse/neglect.

10. When Not to Report • Do not report generalized concern for the child that does not state specific allegations of child abuse or neglect. • Clothing deficiencies that do not result in harm • Irregular or insufficient nutrition and the health of the child is not harmed • Hygiene that is not optimal • Lifestyle issues with no allegations of abuse/neglect (e.g., single parent with many boyfriends/girlfriends) • Minor marks that are not from abuse/neglect • Corporal punishment appropriate to the age of the child without injuries