CHILD ABUSE AND NEGLECT STATEMENT AND REPORTING POLICY DEFINITIONS:

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1 CHILD ABUSE AND NEGLECT STATEMENT AND REPORTING POLICY DEFINITIONS: ABUSED CHILD means an individual under the age of eighteen years who is suffering from serious physical harm or traumatic abuses caused by other than accidental means by a person responsible for the child s health or welfare, or who is suffering from or was subjected to any act involving that individual in violation of sections through of the criminal provisions of the North Dakota Century Code. HARM means negative changes in a child s health which occur when the parent or other person responsible for his health: inflicts or allows to be inflicted, upon the child, physical or mental injury, including injuries sustained as a result of excessive corporal punishment; or commits, allows to be committed or conspires to commit against the child a sex offense as defined in chapter of the North Dakota Century Code. NEGLECTED CHILD means a deprived child. DEPRIVED CHILD means a child who is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for the child s physical, mental, or emotional health, or morals, and the deprivation is not due primarily to the lack of financial means of the child s parents or guardian. RESPONSIBILITY FOR REPORTING School employees (principals, teachers, bus drivers, custodians, cooks, secretaries, and anyone else in the school system) are in an ideal position to identify abused or neglected children and refer them early enough that these children can be treated for present injuries and protected from further abuse or neglect. Therefore, in order to comply with the Child Abuse/Neglect Reporting Law (Sec NDCC) it is the policy of the May-Port CG Public School that any employee who knows or reasonably suspects that a child s health and welfare has been or appears to have been harmed as a result of abuse, neglect, and/or sexual molestation, shall report or cause reports to be made in accordance with the District s procedures adopted herein. If a school employee has subsequent reason to suspect further abuse or neglect, additional reports should be made.

2 School employees are immune from any civil and/or criminal liability when reporting, in good faith, suspected child abuse or neglect. Failure on the part of any legally mandated school employee to report is a Class B Misdemeanor. School District disciplinary action may be brought against any school employee who fails to report suspected child abuse and/or neglect. REPORTING It is not the responsibility of the school employee to: prove that the child has been abused or neglected, or determine whether the child is in need of protection. The Child Abuse and Neglect Reporting Form shall not be placed in the child s personal file, but shall be maintained in a separate file for reported cases of suspected child abuse or neglect. All information gathered and feedback obtained pertaining to the case shall remain confidential. MANDATE AGAINST ABUSE OR NEGLECT The May-Port CG Public School District shall maintain a policy prohibiting abuse or neglect by school employees. Although legally permissible under certain circumstances, the use of physical force will generally not be recognized as a viable means of dealing with student misconduct. If a school employee is suspected of abusing or neglecting a child, the School District shall make a report to the County Social Service Board or the area Social Service/Human Service Center. POLICY IMPLEMENTATION The May-Port CG School District will provide appropriate inservice to all school employees on the subjects of identifying and reporting suspected cases of child abuse and/or neglect. The Superintendent or his/her designee shall distribute annually to all school employees, copies of the District s procedures for reporting suspected child abuse or neglect and the North Dakota Child Abuse/Neglect Reporting Form. REPORTING PROCEDURE If a school employee suspects that a child s health or welfare appears to have been harmed as a result of abuse or neglect, he/she should refer to the possible signs and symptoms of abuse or neglect for assistance in determining if a report should be filed. (See accompanying pages.)

3 The school employee shall then immediately make an oral report to the School Administrator or his/her designee. In addition, the school employee shall make an oral report to the County Social Service Board or the area Social Service Center pursuant to NDCC Within 48 hours after making the oral report, the school employee initiating the report shall submit a completed North Dakota Abuse/Neglect Reporting Form to the County Social Service Board or the area Social Service/Human Service Center. Reporting forms will be provided at the school office. All reports of suspected child abuse or neglect are confidential. No employee shall disclose to anyone other than his/her supervisor or a representative of Social Services who is investigating the report whether he/she did or did not file a report. Legal Ref: NDCC Counselors shall be immune from disclosing information given by pupils NDCC Persons required and permitted to report To whom reported NDCC Child abuse Method of reporting NDCC Child abuse Abrogation of privileged communication NDCC Child abuse Penalty for failure to report NDCC Child abuse Unauthorized disclosure of reports Penalty POSSIBLE SIGNS AND SYMPTOMS OF ABUSE, NEGLECT, AND SEXUAL MOLESTATION The presence of one or more of the following signs or symptoms should alert school personnel to possible child abuse or neglect only suspect. PHYSICAL ABUSE 1. Child shows evidence of repeated injury signs of new injuries before old injuries have healed. 2. History not consistent with injuries the way the child states receiving the injury not consistent with the type of injury. 3. Child shows evidence of: Bruises Welts Wounds, cuts, or punctures Scalding liquid burns Caustic burns Bite marks

4 Burns, especially apparent cigarette burns on the back of the head, neck, and extremities. These are seldom self-inflicted. PSYCHOLOGICAL SYMPTOMS WHICH MAY ACCOMPANY ABUSE 1. The child is Unusually aggressive, disruptive, or destructive Unusually shy, withdrawn, passive, or overly compliant Unusually apprehensive when other children cry and watches them with curiosity Unusually apprehensive when adults approach a crying child Consistently on the alert for danger Subject to frequent and severe mood changes. PHYSICAL NEGLECT 1. Relates to overt conditions of the home which would jeopardize the child s health and/or safety. Examples: Lack of sanitation (i.e. filth, dirt, foul smells, vermin infestation) Broken plaster in walls and ceiling Defective plumbing and/or wiring 2. Relates to the direct care of children in terms of their body needs. Examples: Filth and dirt on body or clothing resulting in social rejection Vermin on head or body Insufficiency of clothing Clothes inappropriate to the weather Begs for food Over-crowded living or sleeping conditions Over-exposed to the elements Is undernourished 3. Relates to situations where children are left alone without appropriate supervision. EMOTIONAL ABUSE 1. Emotional abuse or neglect is present when the guardian or adult supervisor is providing a negative emotional atmosphere for the child. Examples: A child is met with overt or subtle rejection He is picked upon or is the butt of frequent blame or ridicule He is made to feel inferior to others. MEDICAL NEGLECT

5 1. Relates to situations where parents fail to secure necessary medical, surgical, or psychiatric treatment to correct some condition in the child. A malnourished child, a child with serious illness, or an emotionally disturbed child, would be medically neglected if these conditions remained untreated. EDUCATIONAL NEGLECT 1. When a parent fails to make the child available for education as required by state law. SEXUAL MOLESTATION OR ABUSE 1. Sexual abuse can be defined as any sexual contact with a child. It may be between members of the same or opposite sex, and by force or seduction. The activity may range from molestation to intercourse. Recognition of sexual molestation in a child is entirely dependent on the individual s inherent willingness to entertain the possibility that the condition may exist. 2. Indicators may include pain, itching, bleeding, spotting, and torn or stained clothing which the child has hidden away. Some behavioral indications that sexual abuse may be occurring are: Regression Some sexually abused children, especially young children, will retreat into a fantasy world or start infantile behavior. Such children may appear retarded. Delinquency or aggression The anger and hostility these children feel toward the perpetrator, particularly teenagers, may cause them to adopt delinquent or aggressive behavior toward others. Poor peer relationships Isolated, internal guilt causing emotional problems so that the child cannot form relationships with children in his/her age group. Overly protective parenting Do not allow child social life for fear child will tell about sexual activities or because of jealousy. Running away home May be used by the child to escape from the home situation. Running away may be an indirect manner of asking help for a situation in which they feel powerless. Unwilling to participate in physical activities young children who have been highly stimulated sexually or had forced sexual intercourse may find it painful to sit during school or to play very active games. Drug use/abuse The use/abuse of alcohol and/or drugs may be the child s method of handling their guilt and/or anxieties regarding the situation. Indirect allusion Sometimes the sexually abused child may confide in someone that they fell may be helpful. The conferences may be vague and only allude to the home situation, such as I m afraid to go home tonight, I d like to come live with you, or I want to live in a foster home.

6 Seductive behavior If a child identifies sexual contact as a positive source of attention, he/she may adapt seductive behavior with peers or adults. GATHERING INFORMATION 1. The professional school employee when gathering information should make the child as relaxed as possible by explaining to the child that he is not in any trouble or subject to any punishment. 2. Bring the child along slowly. Do not press for an answer. 3. Avoid accusing anyone as being the perpetrator of the suspected abuse or neglect. 4. Avoid questions that suggest answers to the child. 5. The child may indicate having injuries as a result of physical abuse and may volunteer to show the injured area.