school nurse on telephone

Topic 2: Responding to Suspected Abuse or Neglect

Making a Report to Child Protective Services

In this section you will learn about:

The Legal Requirement to Report

As a teacher, you are mandated to report any suspected child abuse and neglect that comes to your attention in your capacity as a teacher. There are penalties for failure to report. You are protected from liability if your report is made in good faith.

Virginia Code Section 63.2-1509A identifies teachers as mandated reporters. (link will open in a new window)

Virginia Code Section 63.2-1512 explains your protection from liability. (link will open in a new window)

Virginia Code Section 63.2-1509D describes the penalties for failure to report. (link will open in a new window)

Know Your School's Reporting Policy

In your school, there may be a policy that governs who actually makes the report to Child Protective Services. It is important that you know your school’s reporting policies and procedures. Check with your principal to find out what the procedure is in your school.

Once you share information about suspected abuse/neglect with your school’s designated reporter, the reporter is obligated to make the report forthwith. No discretion is allowed and legal liability for reporting rests with the designated reporter.

Virginia Code Section 63.2-1509A explains the designated reporter’s obligation to report to Child Protective Services. (link will open in a new window)

Scenarios
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The scenarios below should be familiar to you. You will now determine whether or not to report each of these cases. Point to the gray box to compare your decision with those identified by the Department of Social Services.

Scenario #1

You overhear your student Johnny telling some other children about how he was caught shoplifting over the weekend and his father gave him a beating with his belt for it. You take Johnny aside and tell him what you overheard. You ask if the nurse can examine him, and he agrees. The nurse finds no bruises or marks on Johnny. You call Johnny’s father and he confirms that he did indeed hit Johnny with a belt, as punishment for shoplifting. Johnny’s father picks him up from school as usual, and Johnny seems happy to see his father.

Do you file a report with Child Protective Services?

Scenario #2

You notice that Eric has been shifting in his seat all day. When you ask him what’s wrong, he tells you that he fell down and hurt his butt. You take him to the nurse. Eric has strap-shaped welts and bruises on his butt and his lower back in various stages of healing. When you question him about it again, he admits that he sometimes gets “spanked” by his father when he makes a mess in the house. He is very afraid that you may call his father.

Do you file a report with Child Protective Services?

Scenario #3

Susan, a six-year-old girl, has a bruise on her cheek, her upper arm, and her torso. She tells you that over the weekend, she fell down the stairs. Susan often has bruises on her upper arms. Her mother confirms that she fell down the stairs—she says Susan is a tomboy and is always falling down.

Do you file a report with Child Protective Services?

Scenario #4

Craig has arrived at school with bruises on his elbows and a bad scrape on his knee. When you ask what happened, he tells you that he was riding his bike on a busy street where his father had told him not to, he swerved to avoid a car, and he fell off. When you ask how he got hurt, he says it was in the fall.

Do you file a report with Child Protective Services?

How to Report

Once you have decided that you are concerned about possible abuse/neglect, you must report it. The report must be made immediately. Mandated reporters who fail to report within 72 hours of first suspicion can be charged with a misdemeanor. Report according to the written procedures of your school. You may be asked to provide information in writing that documents the reasons for your concern.

Parental permission is not needed for the child to be interviewed by Child Protective Services staff.

Parental permission is not needed to release information that relates to or documents concerns about abuse and neglect.

Pie Chart: National Reports of Child Abuse by Source, 2005

National Reports of Child Abuse by Source, 2006
Reports of child abuse/neglect come from many sources. The chart above shows the source of reports by category. Educational sources account for 16.3% of all reports.

U.S. Department of Health and Human Services, Administration for Children & Families, Child Maltreatment Book 2006.

School Personnel as Caregivers

Caregivers are not always parents. Teachers and other school staff are considered to be in caregiving positions when the child is in school or involved in a school-related activity. It is possible that it will come to your attention that one of your colleagues has done something that could be considered abusive or neglectful toward a student. The law requires that you report these suspicions just as you would any other. If there is a potential conflict, such as the person suspected is the designated reporter for your school, your school procedures should identify an alternative method for reporting.

Investigations involving school personnel are handled somewhat differently than those involving family members. For more information, please contact your local department of social services or talk with your school administrator to find out if there is a written agreement between social services and your school concerning the investigation of abuse or neglect by school personnel.

Virginia Code Section 63.2-1511 addresses complaints of abuse and neglect against school personnel. (link will open in a new window)

Check Your Knowledge
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Answer these True/False Questions.

 

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