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MANDATORY REPORTING Child Abuse or Neglect. GENERAL RULE School personnel have an obligation to report suspected abuse or neglect of a child to the Missouri Children’s Division. (210.115, RSMo) 1-800-392-3725 HOTLINE. DEFINITIONS. Abuse (210.110.(1))
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GENERAL RULE School personnel have an obligation to report suspected abuse or neglect of a child to the Missouri Children’s Division. (210.115, RSMo) 1-800-392-3725 HOTLINE
DEFINITIONS Abuse (210.110.(1)) “…any physical injury, sexual abuse, or emotional abuse inflicted on a child other than by accidental means by those responsible for the child’s care, custody, and control, except that discipline including spanking, administered in a reasonable manner, shall not be construed as abuse.” Neglect (210.110(12)) “…failure to provide, by those responsible for the care, custody, and control of the child, the proper or necessary support, education as required by law, nutrition or medical, surgical, or any other care necessary for the child’s well being.”
Child (210.110(4)) “. . . any person, regardless of physical or mental condition, under eighteen years of age;” Those Responsible for the Care, Custody, and Control of the Child (210.110(16)) “… those included but not limited to the parents or guardian of a child, other members of the child’s household, or those exercising supervision over a child for any part of a twenty-four-hour day. Those responsible for the care, custody and control shall also include any adult who, based on relationship to the parents of the child, members of the child’s household or the family, has access to the child.”
WHO MUST REPORT? • Child care workers • Teachers • Principals • Other school officials • Other persons with responsibility for the care of children
WHEN MUST YOU REPORT? • Must immediately Report • When You Have Reasonable Cause to Suspect • Abuse or neglect has occurred • Child may be subjected to abuse or neglect • You observe a child being subjected to conditions or circumstances which would reasonably result in abuse or neglect
REASONABLE CAUSE TO SUSPECT • Would a reasonable person in the same or similar circumstance suspect abuse or neglect has occurred or may occur? • Recent prosecutions support reporting and letting Children's Services determine whether to investigate.
REPORTING ABUSE & NEGLECT(2013 Amendments) - All mandatory reporters SHALL, upon finding reasonable cause, DIRECTLY AND IMMEDIATELY report suspected child abuse or neglect to the children’s division. -Eliminates “cause to be reported”. Reporting is an individual obligation. Telling your supervisor will no longer suffice to meet the reporting requirements. • Must have immediate and unrestricted access to communications technology needed to make an immediate report and will be temporarily relieved of work duties as required to make the report. • No internal investigation can be initiated until a report has been made.
REPORTING ALLEGED SEXUAL MISCONDUCT • Mandatory reporter and superintendent must report alleged sexual misconduct to Children’s Division immediately (within 24 hours of being notified). • Individual obligation to report. Reporting to a supervisor does not fulfill the statutory obligation. • Immediately notify supervisor/building administrator(either contemporaneously with or immediately after calling the hotline). • Supervisor/building administrator must notify the superintendent promptly.
POLICY JHG Sexual Misconduct Involving an Employee • The district takes all allegations of sexual misconduct seriously, regardless of the source. When an allegation is made, district employees will immediately take appropriate action to protect students and other children, which will include reporting to the CD in accordance with Board policy and notifying the superintendent. The superintendent or designee will contact law enforcement, suspend the employee pending an investigation, and begin an investigation. • In accordance with law, if a student reports alleged sexual misconduct on the part of a teacher or other employee of a school district to a district employee, the employee who receives the report shall notify the superintendent immediately and forward the allegation to the CD within 24 hours of receiving the information. The superintendent will also forward the allegation to the CD within 24 hours of receiving the report. The CD will investigate all allegations of sexual misconduct involving district employees.
FAILURE TO REPORT • Criminal Charges/Conviction • Civil Liability • Loss of Job