CHILD ABUSE POLICIES POST PENN STATE

What every school administrator should know

Leslie Stophel MaclellanMaclellan Law, PLLC

615-838-9670

leslie@maclellanlaw.com

September 28, 2012

© 2012 Chambliss, Bahner & Stophel, P.C.All Rights Reserved

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WHAT IS CHILD ABUSE AND/OR CHILD SEXUAL ABUSE?

1. Child Abuse: [intentional] infliction of any wound, injury, disability or physical or mental condition on a child under 18 years of age that has been caused by brutality, abuse or neglect. TCA §37-1-403

2. Child Sexual Abuse: any act involving unlawful sexual abuse, molestation, fondling or carnal knowledge of a child under 13 years of age that constitutes aggravated rape, sexual battery or attempted rape or battery. Also includes touching or penetration of genitals or intimate parts. TCA §37-1-602

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ENCOUNTERS WITH CHILD ABUSE

1. Observing corporal punishment that “crosses the line”

2. Observing signs of abuse occurring outside of school

3. Staff misconduct

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EVIDENCE THAT ABUSE MAY HAVE OCCURRED:

1. Unexplained bruising, cuts or marks

2. Change in personality (accompanying other signs)

3. Suspicious or questionable comments by a child

4. Exhibited fear of physical contact

5. Destructive behavior to self or others

6. Sexual knowledge beyond age appropriateness

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WHAT DO I DO WHEN I OBSERVE OR SUSPECT ABUSE?

REPORT IT TO THE APPROPRIATE AUTHORITY!

IT’S THE LAW!

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TENNESSEE LAW REQUIRES THAT

1. Anyone

2. Who observes or

3. Who has a suspicion

4. Of abuse

5. Must report such abuse to the proper authority

*TN law has changed. You can no longer solely report to supervisor. (P.L. 2005)

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HOW CAN MY SCHOOL BE LIABLE?1. Failure to report

a. statute provides a presumption of good faith on the part of the reporting partyb. the duty can NOT be met by reporting incident to a supervisor or other staff person, even if designated in school policy

2. School can be held liable for conduct of its teachers/staff and volunteersa. Negligent hiringb. Negligent supervisionc. Failure to report

3. Extended statute of limitationsa. victim may file civil suit up to one (1) year after

reaching age of maturity (18)b. extends up to twenty-five (25) years after maturity for criminal liability

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WHAT SHOULD MY SCHOOL DO?

ADOPT

AN EFFECTIVE

ABUSE POLICY

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ELEMENTS OF AN EFFECTIVE CHILD PROTECTION POLICY

GOALS:1. Protect the children2. Protect faculty/staff from false claims3. Protect your school/organization from liability by

establishing reasonable care

REPORTING REQUIREMENTS:1. All staff shall report any incident, or suspected incident,

of child abuse, neglect or sexual abuse under TN law2. Staff or Response Team can be designated for reporting

a. Internal notification to supervisor/team does not relieve individual reporting duty under TN law

3. Reporting duty applies whether incident or suspected incident is perpetrated by parent/guardian or by school staff/teacher

4. Report can be made to court, or to TN Department of Children’s Services at 1-877-542-2873 or 1-877-237-0004 or at https://reportabuse.state.tn.us

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CONFIDENTIALITY:

1. All reports/records shall remain confidential

2. School must notify parents if a report of abuse on school grounds or under school supervision is made

a. Does NOT include informing parent/guardian if the report is against them

3. DCS can decide to notify ALL parents if abuse is reported on school grounds or under school supervision

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HIRING PRACTICES:1. Screening: balance legal obligations with practicality

a. paid worker v. volunteer (see volunteers below)b. employment application

- photo ID- criminal convictions- prior work or volunteer work with children- driver’s license number- social security number

c. fingerprinting and background checki. Tennessee requires fingerprinting and TBI background check on ALL government

employees that have contact with children (including subcontractors – i.e., janitorial workers) TCA §49-5-413

ii. Not required for private schools but may be standardiii. Must pay fee ($48) and up to 4 weeks response

d. obtain consent/authorization from applicant to check backgrounds/references

2. Conduct personal interview

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SUPERVISION:1. Include rules regarding supervision of adult/student

interaction2. “Rule of 3” – adult always with at least two (2) students

over the age of 5a. Consider practicality and balance of interests

3. Open door policya. When adult can be alone with child behind closed doors

VOLUNTEERS POLICY:1. Volunteers (parent and non-parent) are backbone of

activities2. Balance of interests – opportunity for misconduct3. Consider if any level of volunteer should be given a

background checka. Williamson County, TN – three tiers of volunteers

EDUCATION AND CERTIFICATION:1. Consider annual review of policies2. Annual education of teachers/staff/volunteers of abuse

policy, including reporting requirements3. All paid staff and volunteers should certify that have read

and will abide by the policy

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FINAL STEPS…

1. Designate a person/task force/committee to oversee policy process

2. Once policy written, present to governing board for approval

3. Once adopted, implement the programa. educate

- faculty/staff- volunteers- parents

b. recognize symptomsc. implement screening/reference checks for paid staffd. set up internal reporting process

4. Review policy and procedures annually

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TAKE AWAY…

1. Adopt a comprehensive policy of duties and standards regarding prevention and response to incidents of child abuse and/or child sexual abuse

2. Educate teachers, staff and volunteers regarding this policy. Provide notice to parents.

3. Follow this policy.

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Disclaimer

This presentation is provided with the understanding that the presenter is not rendering legal advice or services. Laws are constantly changing, and each federal law, state law, and regulation should be checked by legal counsel for the most current version. We make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the information contained in this presentation. Do not act upon this information without seeking the advice of an attorney.

This outline is intended to be informational. It does not provide legal advice. Neither your attendance nor the presenter answering a specific audience member question creates an attorney-client relationship.