"Regulation 5436 Reporting Suspected Child Abuse Suspected Child"
Regulation 5436 Reporting Suspected Child Abuse Suspected Child Abuse/Sexual Abuse A. Definitions: 1. Child abuse—A term meaning any of the following: (i) A recent act or failure to act by a perpetrator which causes non- accidental serious physical injury to a child less than 18 years of age. (ii) An act or failure to act by a perpetrator which causes non- accidental serious mental injury to or sexual abuse or sexual exploitation of a child less than 18 years of age. (iii) A recent act, failure to act or series of acts or failures to act by a perpetrator which creates an imminent risk of serious physical injury to or sexual abuse or sexual exploitation of a child under 18 years of age. (iv) Serious physical (chronic) neglect by a perpetrator constituting prolonged or repeated lack of supervision or the failure to provide the essentials of life, including adequate medical care, which endangers a child’s life or development or impairs the child’s functioning. 2. Sexual abuse or exploitation—The employment, use, persuasion, inducement, enticement or coercion of a child to engage in or assist another person to engage in sexually explicit conduct or a simulation of sexually explicit conduct for the purpose of producing a visual depiction, including photographing, videotaping, computer depicting or filming, of sexually explicit conduct or the rape, sexual assault, involuntary deviate sexual intercourse, aggravated indecent assault, molestation, incest, indecent exposure, prostitution, statutory sexual assault or other form of sexual exploitation of children. 3. Perpetrator—A person who has committed child abuse and is a parent of the child, a person responsible for the welfare of a child, an individual residing in the same home as a child or a paramour of a child’s parent. B. Procedures: 1. Any school staff member who has reasonable cause to suspect that a student has been physically, mentally, or sexually abused must notify the Building Principal, school nurse or school psychologist immediately. 2. If physical abuse is suspected, the school nurse will examine the child and describe the findings in the health records. 3. If reasonable cause to suspect abuse is determined to exist, the school employee designated in B.1., above, immediately reports the suspected child abuse to the Director of Individualized Student Services. The employee or designee may be directed to contact the Chester County -2- Regulation 5436 Children and Youth Division at the number below. The employee must also complete a written report of suspected child abuse in the form attached as Attachment A. This form must be submitted within 48 hours to the address listed below. 4. In all cases of suspected abuse, the Superintendent or Superintendent’s designee shall consider the option to notify the local law enforcement agency about the alleged incident. C. Mandated Reporters 1. Definition: Mandated Reporters - Persons who, in the course of their employment, occupation or practice of their profession, come into contact with children shall report or cause a report to be made in accordance with the law (Child Protective Services Law, Title 23 PA Chapter 63, Section 6312, 6313) when they have reasonable cause to suspect, on the basis of their medical, professional or other training and experience, that a child coming before them in their professional or official capacity is an abused child. 2. It is ultimately the responsibility of each mandated reporter to refer all cases of suspected child abuse as provided in Section B. 3 above. 3. By law, a mandatory reporter who willfully fails to report a case of suspected child abuse commits a misdemeanor of the third degree for the first violation, and a misdemeanor of the second degree for a second or subsequent violation. Such failure will also be grounds for disciplinary action, up to and including termination. D. Immunity from Liability 1. By law, any person, hospital, institution, school, facility or agency participating in good faith in making a report, cooperating with an investigation will have immunity from any liability, civil or criminal that might have otherwise result by reason of such action. E. Agency Cooperation 1. The School will cooperation with any subsequent investigation regarding suspected child abuse conducted by the proper authorities. Such cooperation will include, but shall not be limited to, permitting authorized personnel from the investigating county agency to interview a student while the student is in attendance at school. -3- Regulation 5436 Contact Address: Tredyffrin/Easttown Administration Offices 940 West Valley Road, Suite 1700 Wayne, PA 19087 Adopted: December 7, 2009 Tredyffrin/Easttown School District