Regulation Glen Ridge Board of Education
M
R
8462 CHILD ABUSE AND/OR NEGLECT
A. Definition
“Child
abuse” means the infliction of harm, physical, mental, or emotional, on a child
under the age of eighteen by a person who has control over the child, even
temporarily, and an opportunity to repeat the abusive acts. Neglect includes negligence and the failure
to respond to a child's basic needs as well as deliberate, willfully abusive
acts. N.J.S.A. 18A:36-24 and
18A:36-25. An abused and/or neglected
child as defined in accordance with N.J.S.A.
9:6-8.9, is a child under the age of eighteen years whose parent(s) or
legal guardian(s), or other person having his/her custody or control:
1.
Inflicts or allows to be inflicted upon such child physical injury by other
than accidental means which causes or creates a substantial risk of death, or
serious or protracted disfigurement, or protracted impairment of physical or
emotional health or protracted loss or impairment of the function of any bodily
organ;
2.
Creates or allows to be created a substantial or ongoing risk of physical
injury to the child by other than accidental means which would be likely to
cause death or serious protracted disfigurement, or protracted loss or
impairment of the function of any bodily organ; or
3.
Commits or allows to be committed an act of sexual abuse against the child;
4.
Or a child whose physical, mental, or emotional condition has been impaired or
is in imminent danger of becoming impaired as the result of the failure of his
parent/legal guardian, or such other person having his custody and control, to
exercise a minimum degree of care (1) in supplying the child with adequate
food, clothing, shelter, education, medical or surgical care though financially
able to do so or though offered financial or other reasonable means to do so or
(2) in providing the child the proper supervision or guardianship, by
unreasonably inflicting or allowing to be inflicted harm, or substantial risk
thereof, including the infliction of excessive corporal punishment or using
excessive physical restraint under circumstances which do not indicate that the
child's behavior is harmful to himself, others or property; or by any other act
of similarly serious nature requiring the aid of the court;
5.
Or a child who has been willfully abandoned by his parent/legal guardian, or such other person having his/her custody and
control.
B.
Indications of Child Abuse and/or Neglect
1.
All school district compensated and uncompensated (volunteer) personnel,
including teaching staff members, support staff members, and unpaid volunteers,
are charged by law with the responsibility for reporting suspected cases of
child abuse and/or neglect. The
suspicion of child abuse and/or neglect may be based on the complaints of the
child or on the direct observations of the employee. A person should suspect child abuse and/or
neglect when certain conditions appear to be present. The conditions may be, but are not limited
to, whenever:
a.
There is evidence of physical injury to a pupil not likely to have been caused
by an accident, regardless of the pupil's explanation of the injury;
b.
A pupil complains of having been injured or having been sexually molested, with
or without external signs of physical injury;
c.
A pupil appears to be malnourished;
d.
A pupil's general condition indicates a persistent want of care, such as
clothing inadequate for the weather, inadequate hygiene, lack of sleep, decayed
and broken teeth, and the like;
e.
A pupil complains of or indicates by other means that he/she has been subjected
to threats or emotional abuse;
f.
A pupil is excessively apprehensive, fearful, withdrawn, or aggressive;
g.
A parent or the caretaker of a child admits having abused the child;
h.
The removal from school by the parent(s) or legal guardian(s), or other person
having custody and control of the child that may be an indicator of additional
grievous abuses; or
i.
School district personnel have any other reasonable cause to believe that a child
has been subject to child abuse and/or neglect or acts of child abuse and/or
neglect.
2.
The employee should not wait to assemble corroborating evidence of child abuse
and/or neglect. The observations and/or
complaints of the pupil that gave rise to the reasonable belief that child
abuse and/or neglect may have occurred are sufficient to warrant reporting the
incident or incidents to the Division of Youth and Family Services (DYFS) for
investigation and remediation by that agency.
C.
Reporting Child Abuse and/or Neglect
1.
Whenever an employee has reason to believe that a pupil of this district has
been subjected to child abuse and/or neglect or acts of child abuse and/or
neglect, regardless of the identity of the suspected abuser, the employee shall
immediately report that information to DYFS by telephone call to the
a.
The child's name, age, grade, and gender;
b.
The name and address of the child's parent(s) or legal guardian(s) or other
person having custody and control (such as a foster parent);
c.
A description of the child's condition, including any available information
concerning current or previous injuries, abuse, or maltreatment and including
evidence of previous injuries;
d.
The nature and extent of the child's injuries, abuse, or maltreatment; and
e.
Any other pertinent information that the employee believes may be relevant with
respect to the child abuse and/or neglect and/or to the identity of the alleged
perpetrator.
2.
The person who has reported a case of possible child abuse and/or neglect to
DYFS shall promptly so inform the Principal of the school in which the child is
enrolled, unless the employee has reason to believe that such disclosure to the
Principal would be likely to:
a.
Endanger the employee or the child;
b.
Result in retaliation against the child; or
c.
Result in discrimination against the referrer with respect to his/her
employment. (N.J.A.C. 6A:16-10.2(a)1.)
3.
A pupil whose injuries or physical condition require immediate medical
attention shall be reported promptly to the school nurse, in accordance with
Policy No. 8441.
D.
Cooperation with DYFS
1.
The Board of Education and all district personnel will fully cooperate with
agents of DYFS in an investigation of child abuse and/or neglect that has
occurred at any time outside or within the confines of the school or during
school-related functions. (N.J.A.C.
6A:16-10.2(a)4.1.)
2.
The DYFS investigator will be permitted to interview the child in the presence
of the Principal or a person designated by the Principal. If the child is intimidated by the Principal
or his/her designee, the child may be accompanied during the interview by a
staff member whom he/she feels will be supportive. The accompanying staff member will give
comfort to the child but will not participate in the investigation. N.J.A.C. 6A:16-10.2(a)7.1.)
3.
School administrators will cooperate with DYFS in scheduling interviews with
school personnel who may have information relevant to the investigation.
(N.J.A.C. 6A:16-10.2(a)7.ii.)
4.
The custodian of school records shall release, in accordance with N.J.S.A.
18A:36-19 and N.J.A.C. 6:3-6, all pupil records of the child(ren) under investigation that are deemed to be relevant to
the assessment or treatment of child abuse and/or neglect.
5.
The Board of Education shall maintain, secure, and release all confidential
information about child abuse and/or neglect cases in accordance with N.J.S.A.
18A:36-19, N.J.A.C. 9:6-8.10a, and N.J.A.C. 6:3-6.6.
a.
Information regarding child abuse and/or neglect reported to, investigated and
reported upon by DYFS about a school employee shall be considered confidential
and may be disclosed only as required in order to cooperate with DYFS
investigations or by court order.
b.
Records pertaining to such information shall be maintained in a secure location
separate from other employee personnel records and accessible only to the
district chief school administrator or his/her designee.
6.
School employees shall regard as confidential all information about a child
abuse and/or neglect investigation remediation.
7.
School Principals will permit agents of DYFS to remove pupils from school
during the school day when removal is necessary to protect the child or to take
the child to a service provider, on presentation of appropriate
authorization.(N.J.A.C. 6A:16-10.2 (a)7.v.)
8.
School Principals will cooperate with DYFS when that agency deems that it is
necessary to remove the child from his/her home for proper care and protection
and when such removal results in the transfer of the child to a school other
than the one in which he/she was enrolled. (N.J.A.C. 6A:16-10.2(a)7.vi)
9.
The Board of Education will provide for a district liaison with DYFS in
accordance with N.J.A.C. 6A:16-10.2(a)5.i who will facilitate communication and
cooperation between the district and DYFS and act as primary contact person
between the schools and DYFS with regard to general information sharing and
development of mutual training and other cooperative efforts. The district liaison will assist the Board
and administration in developing employee orientation programs and annual
in-service programs to all school staff concerning child abuse and/or neglect. The district liaison will receive DYFS
findings at each stage of the investigation and will recommend to the
Superintendent such action that may be necessary and appropriate.
10.
The Board of Education will provide due process rights to school personnel who
have been reassigned or suspended in accordance with N.J.S.A. 18A:6-10 et seq.,
18A:25-1, 18A:25-6, and N.J.S.A. 9:6-3-1.
Temporary reassignment or suspension of school personnel alleged to have
committed an act of child abuse and/or neglect shall occur if there is
reasonable cause to believe that the life or the health of the alleged victim
or other children is in imminent danger due to continued contact between the
school personnel and a child. (N.J.A.C. 6A:16-10.2(a)7.vii)
During the investigation another adult employee will be assigned to the accused's classroom until resolution of the case.
The
Board of Education will remove from the employee's personnel records all references
to a report to DYFS and/or official notice from DYFS of child abuse and/or
neglect regarding a school district employee, immediately following the receipt
of notice from DYFS that the allegation was unfounded. Such unfounded report by DYFS shall not be
used against the employee for any purpose relating to their employment in
accordance with N.J.A.C. 6A:16-10.2(a)7.viii.
E.
Employee Protection
1.
School districts shall review all employee personnel files and remove all
references to complaints and/or investigations of
child abuse and/or neglect by DYFS that have been classified as
unfounded or unsubstantiated.
N.J.A.C.
6A:16-10.2 et seq.
Adopted:
Revised: 28 June 2004