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Mandatory Reporting of Child Abuse and Neglect

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Mandatory Reporting of Child Abuse and Neglect Powered By Docstoc
					Clinton Community School District
                 August 26, 2010
Persons Required to Report
 Any person employed by the district
 who has reasonable cause to suspect that a child has
  been abused or neglected or
 reason to believe that a child has been threatened with
  abuse or neglected and t
 the abuse or neglect of the child will occur shall report
 Must Report (Mandatory Reporter
Definitions
 “Abuse” (as defined by law)
    Physical injury inflicted on a child by other than accidental means.
    in the context of sexual abuse or assault means ; sexual intercourse
     or sexual contact, sexual exploitation, forced viewing of sexual
     activity, or permitting, allowing or encouraging a child to engage in
     prostitution.
    Who is suffering emotional damage for which the parent or
     guardian if unwilling to provide treatment, which is evidenced by
     one or more of the following characteristics, exhibited to a severe
     degree: anxiety, depression, withdrawal or outward aggressive
     behavior.
    Neglect is when a parent or caretaker fails, refuses or is unable for
     reasons other than poverty to provide the necessary care, food,
     clothing, medical or dental care so as to seriously endanger the
     physical health of the child.
Sexual abuse is defined as

    o   Employment, use, persuasion, inducement, enticement, or
        coercion of any child to engage in, or assist any other person
        to engage in, any sexually explicit conduct or any simulation
        of such conduct for the purpose of producing any visual
        depiction of such conduct; or

    o   Rape, and in cases of caretaker or inter-familial relationships,
        statutory rape, molestation, prostitution, or other form of
        sexual exploitation of children, or incest with children.
          Mandatory Reporting
          Sexually Active Minor
 There are three critical factors that determine whether
  of not a sexually active minor must be reported for
  suspected abuse:
1. Voluntary vs. involuntary “sexual contact” or “sexual
    intercourse”
2. The age of the minor
3. Whether the minor has health care services
4. Any sexual contact or intercourse, voluntary or
    involuntary with a minor under the age of 16 years
    must be reported as suspected abuse.
 All states require certain professionals and institutions
  to report suspected child abuse.
 Wisconsin requires school teachers, school
  administrators, school counselors, speech and
  language pathologists, nurses, physical therapists,
  occupational therapists, school social workers, among
  many other professionals such as mental health care
  providers of all types, day care providers and law
  enforcement personnel.
   To report (Mandatory Reporter)
 Extent of the knowledge triggering the duty to report
  varies. Wisconsin statutes call for reporting upon a
  mere “reasonable cause to believe” or a “reasonable
  suspicion.”

 Failure to report suspected child abuse can result in
  criminal liability, although the liability is typically a
  misdemeanor punishable by a fine.

 Failure to report can result in civil liability.
 Confidentiality and Privileges. Some statutes
 expressly provide that all confidential privileges are
 abrogated. The clergy/penitent exception, is strictly
 defined and will not apply if a clergyman is acting in
 another role, i.e. a health practitioner or teacher.
 Wisconsin requires the report to be made to Rock
  County Department of Social Services immediately the
  day of the discovery of incident.
 Department of Social Services: Child Protection
  Service (608) 757-5401.
 Reporting to a parent or relative will not satisfy the
  reporter’s legal duty under the statutes.
Clinton Community School District
Mandatory Reporting Procedures
The following procedures are to be used in referring
   suspected child abuse cases:
1. Any school employee suspects that a child has been
   abused shall report this immediately to the principal.
2. The principal shall notify the Director of Pupil Services
   that child abuse is suspected.
3. The staff member will immediately make an oral
   report to the Rock County Department of Social Services.
   If there is any doubt or question in reporting such cases,
   it should be resolved in favor of the child with the report
   being made to both the Rock County Social Service and
   Rock County Sheriff’s Department.
Clinton Community School District
Mandatory Reporting Procedures
cont.
Clinton Community School District
Mandatory Reporting Procedures
cont.
6. All appropriate school personnel shall be available to
  provide supportive services when this is part of the
  student plan.
7. Any repeated suspected child abuse incidents will be
  reported as outlined above.
8. If there are no significant changes from the standpoint
  of the school following a referral, the school principal
  may request a new status report.
Clinton Community School District
Mandatory Reporting Procedures
cont.
 Mandatory Reporting Forms may be obtained from
  your school office, school counselor, school
  psychologists or Pupil Services office.
 Pupil Service Personnel are available upon request to
  assist with reporting
       Additional Information
Detailed documents regarding Mandatory Reporting are
  also available on the World Wide Web:
      http://dpi.wi.gov/sspw/pdf/rrfsaa/pdf
 http://dhfs.wisconsin.gov/Children/CPS/progserv/pro
  gINDX.htm
 http://www.dpi.wi.gov/sspw/doc/sspwchildabuse.doc

				
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