PREVENTING ABUSE & NEGLECT: REVISED STATUTE AND DISTRICT INFORMATION

Presented December 2013 by Vinccenzo Iuppa, Missouri NEA Staff Attorney
This information is current as of December 2013. Statues and policies can and do change, so please contact your RNEA representative or building principal if you have questions.

Abuse and Neglect Statistics

According to the Children’s Division 2011 Annual Report

• Total Number of Reports– 61,083
• Total Number of Alleged Perpetrators – 124,939
• Number of School Personnel Alleged Perpetrators - 1,030 – less than 1% of all alleged perpetrators
• Total number of teachers in Missouri – 67,996
• Every year approximately 1 out of every 70 teachers will be hotlined
• Number of Substantiated Allegations of School Personnel Abuse - 35 - less than 4%
• Allegations are very rarely substantiated

Mandatory Reporting Statutes

Traditional Reporting Requirement - Missouri Revised Statute 210.115

“Reasonable cause to suspect that a child has been or may be subjected to abuse or neglect...”

Mandatory Reporters

• Teacher, principal, or other school official
• Nurse, psychologist, mental health professional, social worker
• Other person with responsibility for the care of children

Abuse or Neglect

• Abuse – any physical injury, sexual abuse, or emotional abuse inflicted other than by accidental means
• Neglect – Failure to provide the proper or necessary support, education, nutrition, or other necessary care by those responsible for the care custody and control

Reasonable Cause

• Unexplained injuries such as bruises, cuts, and burns particularly to the upper-arms, face, back, or genitals
• Extreme behavior such as timidity or aggression
• Fear of a person or place
• Consistent hunger or poor hygiene
• Excessive tardiness or absences
• Best gauge will be your own experience with the student

New Reporting Requirement - Missouri Revised Statute 160.261.11

"If a student reports alleged sexual misconduct on the part of a school employee to a mandatory reporter..."

Complications

• Sexual misconduct – not defined
• Removal of reasonableness standard

If you have a situation that meets either one of the mandatory reporting requirements:

Immediately make a report to the Children’s Division Hotline – 1-800-392-3738

* Document the case number you are given *

AFTER MAKING THE REPORT - Notify your principal (required by Policy JHG)

* Document that you notified your principal *

Board Policies

Policy JHG – Reporting and Investigating Child Abuse and Neglect

Policy AC – Equal Opportunity, Discrimination and Harassment

• Harassment – Discrimination severe or persistent enough to unreasonably alter the employment or education environment
• Discrimination – Conferring or refusing benefits based on race, color, religion, sex, national origin, ancestry, disability, or age
• Must be reported directly to the compliance officer, the Administrator for Human Resources
• Includes reporting complaints raised by parents and directing parents to contact the compliance officer

Policy JGA – Corporal Punishment, Physical Restraint, Seclusion and Isolation

• Corporal punishment (use of physical force to correct student behavior) is completely prohibited
• Isolation (confinement alone in an UNLOCKED room) is only allowed in limited circumstances, often requires an IEP, and must be directly monitored
• Seclusion (confinement alone in a LOCKED room) is only allowed when waiting for law enforcement personnel.  “Locked” also includes physically blocking a door
• Must notify parent by the end of the day
• Must provide documentation to principal within two days

Best Practices

NEVER BE ALONE WITH A STUDENT.  This includes during lunch, disciplinary times, or tutoring.  Always arrange to share the time with another teacher, or in a location with other individuals.

NEVER USE PHYSICAL FORCE TO CORRECT OR DISCIPLINE A STUDENT.  Push-ups, running laps, jumping jacks, etc. may NOT be used as punishment.

LIMIT PHYSICAL CONTACT WITH STUDENTS.  Whenever possible, ask for permission before any physical contact.

The Investigation Process

In Home Investigations: applies to parents and guardians
Children’s Division will respond and place the investigation in a “track”

• Investigation track – For allegations that would constitute a crime
• Family assessment track – Provides services to the family but does not refer to law enforcement
• Potential resolutions are based on the track of the investigation

Out of Home Investigations: applies to teachers, day care workers, and others
Children’s Division has 30 days from the date of the hotline call to conclude their investigation
The investigator can make one of two findings

• Unsubstantiated – Either there is insufficient evidence to conclude that abuse or neglect occurred, or there is specific evidence that abuse or neglect did NOT occur
• Preponderance of the evidence – More than half of the evidence demonstrates that abuse or neglect occurred

Investigator interviews the alleged victim, the alleged perpetrator, and any witnesses.
Finding is sent out in a letter.

If you are notified that a hotline call has been made about you: