DATE ISSUED: 12/14/ of 8 LDU FFG(REGULATION)-X

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1 CHILD ABUSE AND NEGLECT DISTRICT RESPONSIBILITIES MATERIALS TRAINING DEFINITIONS ABUSE 1. Texas law requires that any person having cause to believe that a child s physical or mental health or welfare has been or may be adversely affected by abuse or neglect must report the case to any local or state law enforcement agency and to the Department of Family and Protective Services (DFPS)/Harris County Children s Protective Services (CPS). See References (d), (e), (j), and (m). All school personnel will become acquainted with the provisions of the code and will cooperate with all agencies or departments dealing with child abuse or neglect. To view the Texas Family Code on reporting child abuse or neglect, go to the Texas Legislature Online Web site ( FA.261.htm# ). 2. The Houston Independent School District (HISD) will provide its employees with information on Board policy and procedures for reporting suspected student abuse or neglect. See References (b), (c), (d), (e), (f) and (i). This information is provided through materials and training. a. HISD will collaborate with DFPS/CPS and other agencies in the development of informational materials for distribution to all HISD employees. b. Health and Medical Services and Counseling and Guidance provide staff development training for new and selected staff members on subjects such as: Types of child abuse and neglect; Recognizing child abuse and neglect; and Board policies and procedures for reporting child abuse and neglect. See References (v) and (w). 3. For the purposes of this regulation, abuse and neglect are defined as follows. See References (j), (o), and (p). To view the Texas Penal Codes, go to the Texas Legislature Online Web site ( a. Abuse includes the following acts or omissions by any person: Mental or emotional injury to a child that results in an observable and material impairment in the child's growth, development, or psychological functioning; DATE ISSUED: 12/14/ of 8

2 Causing or permitting the child to be in a situation in which the child sustains a mental or emotional injury that results in an observable and material impairment in the child's growth, development, or psychological functioning; Physical injury that results in substantial harm to the child, or the genuine threat of substantial harm from physical injury to the child, including an injury that is at variance with the history or explanation given and excluding an accident or reasonable discipline by a parent, guardian, or managing or possessory conservator that does not expose the child to a substantial risk of harm; Failure to make a reasonable effort to prevent an action by another person that results in physical injury that results in substantial harm to the child; Sexual contact, sexual intercourse, or sexual conduct, as those terms are defined by Reference (t), sexual penetration with a foreign object, incest, sexual assault, or sodomy inflicted on or, shown to, or intentionally practiced in the presence of a child if the child is present only to arouse or gratify the sexual desires of any person; Sexual conduct harmful to a child s mental, emotional, or physical welfare, including conduct that constitutes the offense of indecency with a child as defined in References (p), (q), and (r); Failure to make a reasonable effort to prevent sexual contact, sexual intercourse, or sexual conduct, as those terms are defined by Reference (t), sexual penetration with a foreign object, incest, sexual assault, or sodomy inflicted on, shown to, or intentionally practiced in the presence of a child if the child is present only to arouse or gratify the sexual desire of any person; Compelling or encouraging the child to engage in sexual conduct as defined by Reference (t); Causing, permitting, encouraging, engaging in, or allowing the photographing, filming, or depicting of the child, if the person knew or should have known that the resulting photograph, film, or depiction of DATE ISSUED: 12/14/ of 8

3 the child is obscene (as defined by the Texas Penal Code) or pornographic; The current use of a controlled substance as defined by Reference (k) in a manner or to the extent that the use results in physical, mental, or emotional injury to a child; Causing, expressly permitting, or encouraging a child to use a controlled substance as defined by Reference (k); or Causing, permitting, encouraging, engaging in, or allowing a sexual performance by a child as defined by Reference (u). NEGLECT b. Neglect is defined as leaving a child in a situation where a child would be exposed to a substantial risk of physical or mental harm, without arranging for necessary care for the child, and demonstrating an intent not to return by a parent, guardian, or managing or possessory conservator of the child, and includes the following acts or omissions by any person: Placing the child in or failing to remove the child from a situation that a reasonable person would realize requires judgment or actions beyond the child's level of maturity, physical condition, or mental abilities and that results in bodily injury or a substantial risk of immediate harm to the child; The failure to seek, obtain, or follow through with medical care for the child, with the failure resulting in or presenting a substantial risk of death, disfigurement, or bodily injury or with the failure resulting in an observable and material impairment to the growth, development, or functioning of the child; The failure to provide the child with food, clothing, or shelter necessary to sustain the life or health of the child, excluding failure caused primarily by financial inability unless relief services had been offered and refused; Placing a child in or failing to remove the child from a situation in which the child would be exposed to a substantial risk or sexual conduct harmful to the child; or DATE ISSUED: 12/14/ of 8

4 REPORTING CHILD ABUSE OR NEGLECT PRINCIPAL'S OR IMMEDIATE SUPERVISOR'S RESPONSIBILITIES The failure by the person responsible for a child's care, custody, or welfare to permit the child to return to the child's home without arranging for the necessary care for the child after the child has been absent from the home for any reason, including having been in residential placement or having run away. 4. HISD personnel suspecting child abuse or neglect will report the abuse or neglect according to all of the following procedures. a. Report any suspected abuse or neglect of a student s physical or mental health or welfare to: The principal or immediate supervisor and the nurse or school counselor; and DFPS/CPS at or a state or local law enforcement agency within 48 hours. b. The principal will assign the nurse or school counselor as his or her designee for assessment purposes. The principal's designee will observe the student and make an assessment of any suspected abuse or neglect. If any abuse or neglect is determined or even suspected by the principal's designee, he or she will: Make an oral report to the DFPS/CPS at within 48 hours; Notify the principal; Submit a written report within five days to Harris County CPS, 2525 Murworth, Houston, Texas, with a copy forwarded to the principal. See Reference (x); and Notify the nurse or school counselor as appropriate. c. The principal or immediate supervisor will: Keep a copy of the report sent to DFPS/CPS on file. This copy will be kept confidential, as required by law; Notify the HISD Police Department by telephone of the abuse or neglect report made to local law enforcement and DFPS/CPS; and Notify the regional superintendent if the abuse or neglect involves a school employee. DATE ISSUED: 12/14/ of 8

5 REGIONAL SUPERINTENDENT FURTHER INVESTIGATION NON-LIFE- THREATENING SITUATIONS OF CHILD ABUSE AND NEGLECT LEGAL PROVISIONS IMMUNITY FROM LIABILITY EXCEPTION TO REPORTING d. The regional superintendent will notify the Superintendent via copy of the report to DFPS/CPS only in the event a school employee is involved. e. Further investigation of the potential criminal case is the responsibility of local law enforcement. Criminal investigation is not the responsibility of the school or the District. f. DFPS/CPS has developed a Web site ( for school professionals to report non-life-threatening situations of child abuse and neglect via the Internet to its statewide hotline, Statewide Intake (SWI). Personnel may use the site to report nonlife-threatening situations; however use of the site is not a substitute for reporting life-threatening and emergency situations as outlined in this regulation. See REPORT- ING CHILD ABUSE OR NEGLECT, above. SWI will send an response acknowledging receipt of the report and provide an intake number for identification and filing purposes. 5. The following legal provisions apply to the reporting of child abuse and neglect. a. Any person reporting abuse or neglect is immune from civil or criminal liability as long as the report was made in good faith and without malice. See References (d), (e), and (o). b. If a school professional staff member (i.e., teacher, nurse, counselor, etc.) has cause to believe that the conduct of a person is barred from prosecution under the Texas Penal Code, the staff member is not required to make a report. See Reference (p). Section 21.11(b) of the Texas Penal Code provides a defense to the act if the actor is a child under 17 years old who: Was not more than three years older than the victim and of the opposite sex; Did not use duress, force, or a threat against the victim at the time of the offense; and At the time of the offense was not required under Chapter 62 of the Texas Code of Criminal Procedure to register for life as a sex offender or was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section. See Reference (l). DATE ISSUED: 12/14/ of 8

6 PROTECTION FOR REPORTING CHILD ABUSE FAILURE TO REPORT CONFIDENTIALITY REPORTS TO THE DISTRICT ORAL REPORT WRITTEN REPORT COOPERATION WITH CPS INVESTIGATION IDENTIFICATION OF CPS PERSONNEL c. An employer may not suspend, terminate, or otherwise discriminate against a professional employee who in good faith reports child abuse or neglect to his or her supervisor, an administrator where the person is employed, a state regulatory agency, or a law enforcement agency, or initiates or cooperates with an investigation. See Reference (a). d. Failure to report a case of child abuse or neglect is a class B misdemeanor, punishable by imprisonment of up to six months in jail, a fine of up to $1,000, or both. See Reference (s). e. All reports of child abuse and neglect are confidential. See References (d), (e), (h), and (n). 6. Reports to the District regarding investigations of alleged child abuse or neglect by the DFPS will be handled in accordance with the Texas Family Code. See References (d) and (n). a. According to section (d) of the Texas Family Code, if the DFPS initiates an investigation and determines that the abuse or neglect involves an employee of an elementary or secondary school, and that the child is a student at the school; the department will orally notify the Superintendent of the District in which the employee is employed. b. As set forth in section (b) of the Texas Family Code, the DFPS will send a written report of its investigation, as appropriate, to the principal, unless the principal is alleged to have committed the abuse or neglect; the Superintendent; and the HISD Board of Education. The Superintendent may forward a copy of the report to other staff members as appropriate. 7. To assist with the determination of abuse or neglect, the principal will allow DFPS/CPS personnel to conduct an interview with the student in the school building. The principal is not required to inform the student s parents or guardians, or to secure their consent to the interview or to allow access by DFPS/CPS personnel to the student s school or school health records. If DFPS/CPS determines that a student needs protective custody, the principal may release the student to DFPS/CPS personnel. See References (d), (e), (g), and (h). 8. The principal must request the DFPS/CPS worker s identification along with the name of his or her supervisor for verification of identity and authorization of the investigation. The DATE ISSUED: 12/14/ of 8

7 principal will document the incident in writing and forward it to his or her immediate supervisor within three school days of the incident. ANNUAL REVIEW GUIDELINES CONSULTATION MAINTENANCE RESPONSIBILITY 9. HISD Board policies and procedures for reporting suspected child abuse and neglect will be reviewed annually to ensure that current information on state laws and guidelines regarding child abuse and neglect are being maintained by the District. 10. This regulation has been through consultation (Administrative: October 10, 2006; Instructional: October 5, 2006; Noninstructional: October 10, 2006). 11. The assistant superintendent, Student Support Services, is responsible for maintenance of this regulation. REFERENCES: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) Board Policy DG(LEGAL) Board Policy FFAA(LEGAL) Board Policy FFAA(LOCAL) Board Policy (LEGAL) Board Policy (EXHIBIT) Board Policy GK(LOCAL) Board Policy GRA(LEGAL) Board Policy GRA(LOCAL) 19 Texas Administrative Code School Districts: Rules on Reporting Child Abuse and Neglect 19 Texas Administrative Code State Board for Educator Certification: Disciplinary Action by Board Health and Safety Code 481 Texas Controlled Substances Act Texas Code of Criminal Procedure 62 Sex Offender Registration Program (m) Texas Education Code Requirement to Report Misconduct (n) Texas Family Code, Chapter 261 Investigation of Report of Child Abuse or Neglect DATE ISSUED: 12/14/ of 8

8 (o) (p) (q) (r) (s) (t) (u) (v) (w) (x) Texas Penal Code 9.62 Justification Excluding Criminal Responsibility: Educator-Student Texas Penal Code Sexual Offenses: Indecency with a Child Texas Penal Code Sexual Assault Texas Penal Code Aggravated Sexual Assault Texas Penal Code Abuse of Office: Misuse of Official Information Texas Penal Code Public Indecency: Definitions Texas Penal Code Sexual Performance by a Child Emergency Preparedness Plan Recognizing and Reporting Child Abuse Form Houston Independent School District Reporting Form for Child Abuse and Neglect DATE ISSUED: 12/14/2009 REVIEWED: 8 of 8