ED 249 634
AUTHOR
TITLE
INSTITUTION
REPORT NO
PUB DATE
NOTE
AVAILABLE FROM
PUB TYPE
EDRS PRICE
DESCRIPTORS
IDENTIFIERS
ABSTRACT
DOCUMENT RESUME
EA 017 200
Tower, Cynthia Crosson, Ed.
Questions Teachers Ask about Legal Aspects of
Reporting Child Abuse and Neglect.
'ational Education Association,
Washington, D.C.
SBN-0-8106-0832-4
04
3 'p.
NIA Professional Library, Publications Sales, P.O.
Box 509, West Raven, CT 06516 (Stock No. 0832-4;
$6.95).
Gvides - Non-Classroom Use (055) --
Legal /Legislative /Regulatory Materials (090)
MF01 Plus Postage. PC Not Available from EDRS.
Administrator Responsibility;
*Child Abuse; *Child
Neglect; Childrens Rights; Compliance
(Legal); *Legal
Responsibility; Noninstructional Responsibility;
Questionnaires; Sexual Abuse;
*State Legislation;
Tables (Data); *Teacher Responsibility
*Reporting
This publication, intended to serve as a general
guideline, presents responses to 20 questions on the specific
roles
and responsibilities of individual teachers when they are involved in
reporting child abuse "ad neglect. The Legal Services section of each
Department of Social Services in the 50 states, the District of
Columbia, American Samoa, Guam, Puerto Rico, and the Virgin Islands
received and responded to a questionnaire. Responses to 19 of the
survey questions are presented by state and territory. The responses
to the 20th question is presented in the form of a chart listing the
statute covering child abuse and neglect for each jurisdiction.
Because of the lack of legal uniformity among the responses, the
additional 11 survey questions are answered with summary statements
at the conclusion of the report. (NLF)
***********************************************************************
Reproductions supplied by EDRS are the best that can be made
from the original document.
***********************************************************************
US. DEPARTMENT OF EDUCATION
NATIONAL INSTITUTE OF EDUCATION
EDUCATIONAL RESOURCES INFORMATION
CANTER (fRICI
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"PERMISSION TO REPRODUCE THIS
MATERIAL IN MICROFICHE ONLY
HAS BEEN GRANTED BY
FILEan
TO THE EDUCATIONAL RESOURCES
INFORMATION CENTER (ERIC)?
_
Cynthia Crosson Tower, Editor
311
4"
'11MMBN.p"I'
A Attiiimmi
Aressitilar
Questions Teachers Ask
About Legal Avects of
Reporting C
Abuse and Negkoct,
Cynthia Crosson Tower, Editor
104
nea
INtembf
National Education Association
Washingnm, D.C.
3
The Editor
Cynthia Crosson Tower is Assistant Professor and
Coordinator of the Human Services Program, Be-
havioral Science Department, at Fitchburg State
College, Massachusetts. She is the author of Child
Abuse and Neglect: 4 Teacher's Handbook for
Detection, Reporting, and Classroom Management
and A Guide and Pi V, for Conducting Six Work -
shops on Child Abuse and Neglect, both pub-
fished by NEA. She is also the developer of 33
other components of the NEA Training Program
on Child Abuse and Neglect.
Library of Congress Cataloging in Publication Data
Main entry under title:
Questions teachers ask about legal aspects of
reporting child abuse and neglect.
"A National Education Association publication"P.
1. Child abuseLaw and legislationUnited
StatesStatesMiscellanea.
I. Tower, Cynthia
Crosson.
11. National Education Association of the
United States.
KF9323.Z95Q47
1984
344.73'0327044
84-16538
ISBN 0-8106-0832-4
347.304327044
Copyright
'`.)
1984
National Education Association of the United States
4
Contents
What Is the Nature and Propose of This Material?
4
Questions 1-20 and Responses
6
Legally Mandated Reporters in School Setting
6
Legal Action Against Nonreporting Educators
8
Legal Age for Protection Against Child Abuse
10
Circumstance.; Requiring Teachers to Report
11
No Diwretion for Nonreporting
13
Anonymous Reporting
13
Teacher Immunity
14
Detention of Abused Children on School Premises
16
Parcaal Religious Beliefs and Medical Treatment
17
Reporting Agencies for Teachers
18
Reporting by Telephone
20
Verbal and/or Written Reports
21
Investigative Obligations of Social Service Agencies
22
Court Hearing
22
Family Noncooperation and Court Hearing
22
Time Period for Investigation
23
Confidentiality of Reporter
24
School Contacts and Investigation
23
Social Service Agency Notification to Mandated Reporter
26
State-by-State Statutes
27
11 Questions with Responses Lacking Legal Uniformity
29
What Is the Nature and Purpose of This Material?
As a result of working with a large number of teachers, both in my classes with undergraduate and graduate
students, as well as in numerous in-service training presentations to schools. I have found certain questions repeatedly
asked. These questions center on the specific roles and responsibilities of individual teachers when they are involved in
reporting child abuse and neglect.
The questions usually d3 not have simple answers since policies and laws vary widely between
particular
communities, certainly between states and even within counties of the same state. Therefore, this publication is
intended to serve as a general guideline and will, I hope, encourage teachers to seek further specifics in the statutes of
their own localities.
All the information in the following pages resulted from the circulation of a questionnaire to the 50 states, the
District of Columbia. American Samoa. Guam, Puerto Rico, and the Virgin Islands. In each instance the inquiry was
addressed to the Legal Services section of each Department of Social Services, or other appropriate department.
Responses were received from all 55 sources. The information has been combined into Questions Teachers Ask
About Legal Aspects of Reporting Child Abuse and Neglect.
The original questionnaire contained 30 questions.
Responses to 19 of these questions provided
sufficient
commonalities for compilation into this report. The remaining 11 questions elicited such a divergence of information
that it was deemed impractical to incorporate these responses into a publication of this size and format. I believe this
was due to a combination of factors, not the least of which may have been a lack of clarity in the phrasing of specific
questions.
For that reason general, summary statements of 11 questions are provided at the conclusion of this report. No effort
has been made to identify responses by source for this group of questions; rather, the information is included to
indicate the lack of legal uniformity in many areas.
To help teachers in their local settings with these, and other questions, the twentieth question of this report was
added when the material was sent to reporting sources for verification. (Each source verified the accuracy of the
information reported as of February/Match 1984.) I hope the listing of the statute covering child abuse and neglect
for each jurisdiction will encourage teachers to read and become familiar with the laws in their own communities.
Cynthia Crosson Tower
4
Special Note
This material is presented solely for the purpose
of exchanging information, not as a legal guide.
Neither the editor nor the National Education
Association assumes any liability for its content or
the use thereof.
We urge all readers to contact local legal au-
thorities for clarification and advice on any specific
situation.
5
Questions 1-20 and Responses
1. Who, in a school setting, is legally mandated to report child abuse, neglect, or sexual abuse?
Responses.
33
No Response:
0
Legally Mandated Reporters in School Setting
-lurisciiction
Anyone
Teacher
Principrl
Any School
Administrator/
Personnel
Alabama
X
X
Alaska
American Samoa
Arizona
Arkansas
X
X
X
California
X
X
X
Colorado
Connecticut
X
Delaware
District of Columbia
Florida
Georgia
Guam
X
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
_I
NOTE. Teachers are mandated reporters in all 50 states and the additional 5 jurisdictions covered by this report
"Anyone appears in 25
responses for this chart Teachers are. therefore. mandated reporters in those jurisdictions. as well as in those that specify "teacher" and
"any school administrator/personnel
Alaska:
School administrative staff
Illinois:
School personnel. truant
officers. social workers
loam:
Certified school employees
Massachusetts:
Educational administrator. guidance counselor. psychologist
6
8
I
P=6
Jurisdiction
Anyone
Teacher
Principal
Any School
Administrator/
Personnel
Michigan
X
X
X.
Minnesota
X
Mississippi
X
X
Missouri
X
X
X
Montana
X
X
X
Nebraska
X
Nevada
X
X
X*
New Hampshire
X
New Jersey
X
New Mexico
New York
X*
North C4,171iffil
North Dakota
X
X
X
Ohio
X
X
X*
Oklahoma
X
Oregon
X
Pentrrylvania
X
X
X
Puerto Rico
X
X
Rhode Island
X
South Carolina
X
South Dakota
X
X
X
Tennessee
X
Texas
X
Utah
Vermont
X
X
X*
Virgin Islands
X
X
Virginia
X
X
X
Washington
X*
West Virginia
Wisconsin
X
X*
Wyoming
X
*Michigan.
School audiologist. certified social worker. social worker. social worker technician. school counsebr
*Missouri:
Any other school official
Nevada:
Every school authority and reacher
Nesv York:
School officials, professional staff members
*Ohio:
Any school teacher or school authority
*Vermont:
Also librarian, guidance counselor. social worker
*Washington:
Any pro fissional school personnel
'West Virginia:
Any school teacher or other school personnel
*Wisconsin:
Teachers. nurses. counselors. administratcrs
7
2. What legal action can be taken against the educator who does not report?
Re *cases:
41:1
No Response'
7
Legal Action Against Nonreporting Educators
Jurisdiction'
Finc
Finc and/or
Imprisonment
Misdemeanor
Other
Alabama
X
X
Alaska
Arizok.a
Arkansas
X
California
Colorado
Connecticut
Delaware
District of Columbia
Floral
X
Georgia
X
Guam
X
Hawaii
Idaho
Indiana
Iowa
Kansas
Kentucky
X
Louisiana
Maine
Massachusetts
Michigan
Minnesota
Missouri
Montana
X:
Nebraska
htlF
f
Air
flIttAK IMO% thill frilifIdt'd to chi yucgron appear in this than
'Fist offense
Civil liability for damages caused by failure w
'Fine only
.sseturid offerbe
IrPon
`Maximum fine of $500 for certain specified nonrrponers. See the Connecticut General Statutes. Section 17. 382. for the complete list; school
teacher, *ghoul principal. school guidarxe counsekx. and registered or licensed practical nurse are among those specified
*No penalty
8
10
Jurisdiction
Fmc
Fine and/or
imprisonment
Misdemeanor
Other
New Hampshire
X
New Jersey
X
New Mexico
X
New York
X
North Dakota
X
Ohio
--.
Oklahoma
Oregon
Pentssjileama
X'
Puerto Rico
X r
X
Rhode island
X
X
Xs
South Carolina
South Dakota
X
X
Tennessee
Texas
Utah
Vermont
Virgin Islands
Virginia
Washington
West Virginia
Wisconsin
Only those itinsda-uons that responded to tho question appear in this (ban
'Fun offense
Kryd liability for damages caused by faalure to report
'Fine only
'Second
t
erase
9
11
3. Under what age is a child protected by child abuse statutes?
Forty-six states' plus Guam,2 Puerto Rico, anc:I.he Virgin Islands reported 18 yens.
One state, Nebraska, reported 16 years.
One state, Missouri, and American Samoa reported 17 years.
OM state, Wyoming, reported 19 years.
District of Columbia and South Carol.:na reported 18 years and under.
'Ohio reported
as weal as any crippled or otherwise physically or mentally handicapped child under 21."
'Guam reported "urder the 2ge of 18 unless physically or emotionally handicapped."
10
1 2
4. Under what circumstances must a teacher report child abuse?
ResPon
33
No Response:
0
Circumstances Requiring Teachers to Report
Jurisdiction
Suspicion
Reasonable
Cause
to Believe
Reasonable
Cause
to Suspect
Other
Alabama
X
Alaska
X
American &WM;
Arizona
X.
Arkansas
CaliArnia
X
Colorado
Connecticut
Dflaware
District -i I 'olminb4.
Florida
Georgia
X
G 441M
Hawaii
Idaho
Illinois
X
Indiana
X
Iowa
Kansas
Kentucky
Louisiana
Maine
Mmyrand
X
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
Arizona
*Kansas:
Upon observation or examination it appears that nonaccidcritA injury has been sustained
Reason to suspect
"13
jurisdiction
Suspicion
Reasonable
Cause
to Believe
Reasonable
Cause
to Suspect
Other
New Hampshire
X
New Jersey
_
New Mexico
X
New York
X
North Cardin.:
X
A
North Dakota
X
Ohio
Oklahoma
Oregon
X
Pennsylvania
Puerto Rico
Rhode Island
South Carolina
South Dakota
.'.-inessee
X
Texas
X
Utah
X
Vermont
X
Virgin Islands
Virginia
Washington
West Virginia
Wisconsin
Wyoming
*Rhir Island
Reasonable cause to know or suspct
1 4
12
5. Does your state give teachers discretion NOT to report?
Responlei,
5 5
No Re Ipurs5e:
0
All states plus American Samoa, District of Columbia, Guam, Puerto Rico, and the Virgin Islands
reported as follows:
NO
6. Does your state allow anonymous reports?
Rerporsies:
53
No Responie:
2
All states plus Guam and the Virgin Islands reported
YES
with these exceptions:
California:
District of Columbia:
Georgia:
Maine:
Massachusetts:
Michigan:
Minnesota
New York:
North Dakota:
Wisconsin:
Reports by school personnel in scope of employment must include
the name of the person making them.
Not by persons who are required by law to make a report.
Question not addressed by statute.
Not by persons who are required by law to make a report.
All mandated reporters arc required to give the agencies their
names, but anonymous reports arc accepted.
No, but the name of the reporter is confidential.
No, but the name of the reporter
is confidential.
Permits anonymous reportilg, but those required to report cannot
do so anonymously.
Qt .,tion not addressed by statute.
The statute does not address this issue specifically, but seems to
contemplate that mandatory reporters will identify themselves.
" 15
7. What type of immunity is a teacher given once the report is made in good faith and without
maliciously false statements?
Responses:
55
No Response:
Teacher Immunity
Jurisdiction
Court
Cannot
Bc Sued
No Civil
or Criminal
Liability
None
Alabama
X
Alaska
American Samoa
X
Arizona
X
Arkansas
X
California
X
Colorado
X
.--
Connecticut
X
Delaware
X
District of Columbia
X
X
Florida
X
Georgia
X
Guam
X
X
Hawaii
X
Idaho
X
Illinois
X
Indiana
X
Iowa
X
Kansas
X
Kentucky
X
X
Louisiana
X
Maine
X
Maryland
__.
X
Massachusetts
X
Michigan
X
X
Minnesota
.
X.
Mississippi
X
Missouri
X
Montana
X
Nebraska
*Minnesota:
Also from retaliation by employer
-
14
16
Jurisdiction
--,
Court
Cannot
Be Sued
No Civil
or Criminal
Liability
I
None
Nevada
X
X
New Hampshire
X
New Jersey
.
X
New Mexico
X
New York
.
X
North Carolina
.
X
North Dakota
X
Ohio
X
Oklahoma
X
Oregon
X
Pennsylvania
X
Puerto Rico
X
Rhode Island
X
South Camlina
X
South Dakota
X
X
Tennessee
X
TOW
X
Utah
X
--.
Vermont
...
X
Virgin Islands
_.
X
Virginia
X
Washington
X
West Virginia
X
Vitamin
X
Wyoming
_.
X
-.
*Vermont:
Libel or slander
17
15
8. If a child reports abuse, neglect, or sexual abuse to the teacher, does the teacher or the school
have the right to detain that child on the premises until the report can be made?
Re *unser:
45
No Response:
10
YES
NO
American Samoa
Alabama
Indiana
Arizona
Nebraska
Arkansas
Tennezec
California
Texas
Colorado
Virgin Islands
Connecticut
Wyoming
District of Columbia
Florida
Guam
Hawaii
Idaho
Illinois
Iowa
Kansas
Louisiana
Maine
Maryland
Massachusetts
Michigan
Missouri
Nevada
New Jersey
New Mexico
New York
North Carolina
Ohio
Oklahoma
Oregon
Puerto Rico
Rhode Island
South Carolina
South Dakota
Utah
Vermont
Virginia
Washington
West Virginia
16
18
NOT ADDRESSED
BY STATUTE
North Dakota
9. Does your state recognize a parent's right due to religious beliefs to withhold medical treatment?
ILpcoPei:
49
No Response:
YES
NO
Alabama
Massachusetts*
Montana
Alaska
Michigan
Nebraska
American Samoa
Minnesota
Puerto Rico
Arizona
Mississippi
South Carolina*
Arkansas
Missouri
Tennessee
California
Nevada
Washington
Colorado
New Hampshire
Connecticut
New Jersey
Delaware
North Dakota
District of Columbia
Ohio
Florida
Oklahoma
Guam
Oregon
Hawaii
Pennsylvania
Idaho
Rhode Island
Illinois
South Dakota
Indiana
Texas
Iowa
Utah
Kansas
Vermont
Kentucky*
Virginia
Louisiana
West Virginia
Maine
Wyoming
Maryland
NOTE: Policies and uatutes vary widely on this issue. Consult your local authorities for the extent and limitations specified.
*Kt-mucky.
Dots
not preclude A court from ordering that mcd .al services he provided to the child. where his
health requires it
*Massachusetts
Limited.
*South Carolina:
lictognins nonmedical remedial health care
17
19
10. To whom should a teacher report?
Responses:
33
No Response:
0
NOTE: Teachers should rust consult their local school 'guidelines. when available. However, any school policy which indicates "no repottini" or
"no involvement" does not supusede a mandatory repanins law.
Alabama:
County or State Department of Pensions and Security or law enforcement
Alaska:
Division of Family and Youth Services, Department of Health and Social Services, or
any peace officer
American Samoa:
Attorney General or Child Abuse Center, Department of Health Services
Arizona:
Any law enforcement agency or child protective services
Arkansas:
The person in charge of the school or designated agent who is then responsible for
making the report or causing the report to be made
California:
A county welfare department, a county probation officer, or a police or sheriff's
department
Colorado:
County Department of Social Services
Connecticut:
Department of Children and Youth Services
Delaware
Delaware Division of Child Protective Services
District of Columbia:
Department of Human Services. Child and Family Services Division, Intake and
Crisis Services Branch; Youth Division, Metropolitan Police Department
Florida:
State of Florida. Department of Health and Rehabilitative Services, Abuse Registry
Georgia:
Person in charge of school
Guam:
Child Protective Services. Department of Public Health and Social Services
Hawaii:
Principal, and then Department of Social Services
Idaho:
Law Enforcement, Idaho Department of Health and Welfare
Illinois:
Department of Children and Family Services
Indiana:
County Department of Public Welfare, Child Protective Services
Iowa:
Building administrator or designee
Kansas:
Kansas State Department of Social and Rehabilitation Services local
ff-
o...ices
Kentucky:
The Department for Social Services. Cabinet for Human Resources
Louisiana:
Division of Evaluation and Services
Maine:
Department for Human Services
Maryland:
Local department of social services in the county in which the child resides, or abuse
was alleged to occur, if different
Massachusetts:
Department of Social Services, or person in charge of school
Michigan:
Department of Social Services in the county where the child lives
Minnesota:
Police department, county sheriff, or local welfare agency
Mississippi:
Mississippi Department of Public Welfare
Missouri:
Missouri Division of Family Services
Montana:
County Welfare Department or State Department of Social and Rehabilitation
Services
Is
20
Nebraska:
Department of Social Services, toll-free number, Mitt Department
Nevada:
Nevada State Welfare, law enforcement or county agency authorized by the court to
receive reports
New Hampshire:
Local office of the State Division for Children and Youth Services
New jersey:
Division of Youth and Family Services and principal or designee
New Mexico:
District Attorney and Human Services Department
New York:
New York State Central Register
North Carolina:
County Department of Social Services where child resides or is found
North Dakota:
County Social Service Agency
Ohio:
The County Depanment of Welfare with Children Services, Children Services Board,
or law enforcement
Oklahoma:
Department of Human Services, County Office
Oregon:
Children's Service Division and law enforcement
Pennsylvania:
Principal or designee
Puerto Rico:
Dcpartmento de Servicios Sociales de Puerto Rico Regina) Central
Rhode Island:
Rhode Island Department for Children and Their Families
South Carolina:
County Department of Social Services, or law enforcement in the county where the
child resides
South Dakota:
Local state attorney, local law enforcement, or the Department of Social Services
Tennessee:
Department of Human Services, juvenile Court, or law enforcement
Texas:
Texas Department of Human Resources and local law enforcement officials
Utah:
Utah Division of Family Services
Vermont:
Department of Social and Rehabilitation Services
Virgin Islands:
Department of Social Welfare, Juvenile Bureau, Department of Public Safety
Virginia:
Local Department of Social Services or statewide toll-free hotline
Washington:
Child Protective Services or law enforcement
West Virginia:
Local office of Department of Health and Human Services or toll-fret hotline
Wisconsin:
County Department of Social Services or county sheriff or city police d partment
Wyoming:
Child Protective Agency or law enforcement
4
19 21
11. Can a report be made by telephone?
Resporcie;
51
No Resporrie:
All sources responded YES to this question.
Toll-free telephone lines are provided for reporting by the following:
Arkansas:
California:
1-800-482-5964
Each county has a toll-free number
Connecticut:
1-800-842-2288
Delaware:
1-800-292-9582
Florida:
800-342-9152 (out of state 1-800-4-A-CHILD)
Idaho:
Each regional office has a toll-free number
Illinois:
800-252-2873
Indiana:
Each county has a toll-free number
Iowa:
1-800-362-2178
Kentucky:
1-800-752-6200
Louisiana:
1-800-LA-CARES
Maine:
1-800-452-1999
Massachusetts:
800-792-5200
Mississippi:
1-800-222-8000
Missouri:
1-800-392-3738
Montana:
1-800-332.6100
Nebraska:
800-652-1999
Nevada:
800-992-5757 (649-3611. Clark Co.: 323-6111. Washoe, Co. )
New Jersey:
800-792.8610
New Mexico:
800-432-6217
New York:
1-800-342-3720
Oklahoma:
1-800-522-3511
Pennsylvania:
800-932-0313
Puerto Rico:
800-724-1333
Rhode Island:
1-800-662-5100
Texas:
800-252-5400
Virginia:
1. 800-552-7096
Washington:
1-800-562-5624
West Virginia:
1-800-352-6513
12. If a report is made verbally, must a written report be made?
YES
Alabama
American Samoa
California
Colorado
Connecticut
Hawaii
Iowa
Louisiana
Maryland
Massachusetts*
Michigan
Minnesota
Mississippi
Missouri
Nevada*
New Mexico
New York
North Dakota
Pennsylvania
Puerto Rico
Vermont
am.
Revco:to
5 5
Rrspowie.
NO
QUALIFIED
Alaska
Arizona
Arkansas
Delaware
District of Columbia
Georgia
Florida
Illinois
Guam
Indiana
Idaho
Kansas
Montana
Kentucky
New Hampshire
Maine
New Jersey
Nebraska
North Carolina
Ohio
Oklahoma
Rhode Island
Oregon
Washington
South Carolina
West Virginia
South Dakota
Wisconsin
Tennessee
Texas
Utah
Virgin Islands
Virginia
Wyoming
Ma.ssa4husetts.
By mandated reporter
*Nev:.11
Unless the reporter wants w remain
anonymous
21
23
13. Is the social service agency reported to obligated to investigate all reports, if they meet the
legal definitions of what is reportable?
Responses:
55
No Response:
0
All sources responded YES, except:
Georgia:
No
Nebraska:
No
14. Is a case automatically heard in court?
Responses:
34
A', Response:
I
The following sources responded YES:
American Samoa
Puerto Rico
Arizona*
South Carolina
*Arizona: Once a dependency petition is filed
All other sources (except Virgin Islands) responded NO.
15. If a family will not cooperate, might a case go to court?
Responses:
53
No Response:
2
All sources (excluding Alaska and Georgia) responded YES, often qualified by such words as
"conditioned."
conditioned."
22
24
16. Does law or policy designate a time period during which a report must be investigated?
Reipowes:
53
No Relfroisse:
0
Sources answering YES designated a wide variety of time periods (ranging from immediately to
two hours to thirty days). Teachers in those areas should consult local authorities for specific
information.
YES
NO
Alabama
Montana
Connecticut
Alaska
Nevada
Georgia
American Samoa
New Hampshire
Kansas
Arizona
New Jersey
Nebraska
Arkansas
New Mexico
Oklahoma
California
New York
Puerto Rico
Colorado
North Carolina
Delaware
North Dakota
District of Columbia
Ohio
Florida
Oregon
Guam
Pennsylvania
Hawaii
Rhode Island
Idaho
South Carolina
Illinois
South Dakota
Indiana
Tennessee
Iowa
Texas
Kentucky
Utah
Louisiana
Vermont
Maine
Virgin Islands
Maryland
Virginia
Massachusetts
Waf' *Igton
Michigan
West Virginia
Minnesota
Wisconsin
Mississippi
Wyoming
Missouri
17. Is the name of the reporter kept confidential?
Respentiel.
54
No ReSPONIC.
YES
NO
Alabama*
American Samoa
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Guam
Hawaii
Idaho
Illinois
Indiana
Iowa
Louisiana
Maine
Maryland
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Puerto Rico
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Virgin Islands
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Alabama Unless subpoenaed by the (Dun
.1,
Georgia
24
QUALIFIED
Kansas
Kentucky
Massachusetts
Michigan
New Jersey
'ew Mexico
New York
Vermont
26
18. Are school contacts involved in an investigation?
Retp(insei
55
No Roponir
The following sources responded YES:
Alabama
Montana
American Samoa
Nebraska
Arizona
Nevada
Arkansas
New Hampshire
California
Ne« jcsey
Colorado
New Mexico
Connecticut
New York
Delaware
North Dakota
District of Columbia
Oklahoma
Florida
Oregon
Guam
Pennsylvania
Hawaii
Puerto Rico
Illinois
Rhode Island
Indiana
South Carolina
Iowa
South Dakota
Kansas
Tennessee
Kentucky
Utah
Louisiana
Vermont
Maryland
Virgin Islands
Massachusetts
Virginia
Michigan
Washington
Minnesota
West Virginia
Mississippi
Wyoming
Missouri
The following sources indicated various restrictions or diversity of policy on this question:
Alaska
North Carolina
Georgia
Ohio
Idaho
Texas
Maine
Wisconsin
Teachers should consult local authorities for further information.
19. Is the social service agency with whom the report is filed required to advise the mandated
reporter of results?
YES
American Samoa
Arkansas
California
Hawaii
Idaho
(48 hours)
Illinois
Louisiana
(at termination of
investigation)
Maryland
Massachusetts
(60 days)
Misscuri
/45 days)
New Mexico
North Carolina
Utah
Virginia
Wisconsin
Respoines:
54
No Respo xse:
1
NO
Alabama
Alaska
Arizona
Colorado
Connecticut
Delaware
District of Columbia
Georgia
Guam
(not mandated, but
a matter of agency
Policy)
Indiana
Kansas
Kentucky
Maine
Michigan
Montana
Nevada
(cannot advise
reporter)
New Hampshire
New Jersey
North Dakota
Ohio
Oklahoma
Pennsylvania
Rhode Island
South Carolina
Tennessee
Texas
Virgin Islands
Washington
W st Virginia
Wyoming
26
OTHER
Florida
(not addressed)
Iowa
(on request)
Minnesota
(on request,
except when not
in child's best
interest)
Mississippi
(not addressed,
Nebraska
(on request)
New York
(on request)
Puerto Rico
(on request)
South Dakota
(shared. if
necessary)
Vermont
(by policy)
28
20. What statute in your state should a teacher consult for specific information on child abuse and
neglect?
Alabama:
Alaska:
Arizona:
Arkansas:
California:
Colorado:
Connecticut:
Delaware:
District of Columbia:
Florida:
Georgia:
Guam:
Hawaii:
Idaho:
Illinois:
Indiana:
Iowa:
Kansas:
Kentucky:
Louisiana:
Maine:
Maryland:
Massachusetts:
Michigan:
Minnesota:
Mississippi:
Missouri:
Montana:
Nebraska:
Nevada:
New Hampshire:
New Jersey:
New Mexico:
New York:
Responses:
54
No Response:
I
Code of Alabama 1975, Sections 26-14-1 through 26.14-13
Alaska Statutes. 47.17
Arizona Revised Statutes (A.R.S.), Sections 13-3620, 8-223, 8-546
Arkansas Statutes, 42-807 through 42-818. as amended
Penal Code, Sections 11165-11174
Colorado's Children Code, Article 10, 19-10-101, Child Protection Act of 1975
The Connecticut General Statutes, Section 17.38a
Delaware Code, Section 1, Chapter 9, Title 16
Prevention of Child Abuse and Neglect Act, D.C. Code 16-2301, Chapter II,
Sections 1351, 1352, 1357
Section 415, Florida Statutes (previously Section 827.07 F.S.)
Georgia Code, 74.111
P.L. 14-137, The Child Abuse Reporting Law
HRS 30, Child Abuse; HRS 587, Child Protection Act
Idaho Code (Child Protective Act), 16-1600
The Abused and Neglected Child Reporting Act, Illinois Revised Statutes, Chapter
23, par. 2051 et seq. (1981). In February 1984 the 1983 volumes of the Illinois
Revised Statutes were published.
Indiana Juvenile Code (IC 31-6)
Iowa Code. Chapter 232 (Sections 67 through 77); Iowa Code, Chapter 235A
The Kansas Code for Care of Children: K.S.A. 1983 Supp. 38-1501 through 38-
1593
KRS 199.335, KRS 199.011(6)
Louisiana Revised Statutes,
14:403
22 MRSA Sections 4001-4071 (Mandated Reporting, 22 MRSA Sec. 4011; Immunity
from Liability, 22 MRSA Sec. 4014; Interview of Child and School, 22 MRSA Sec.
4021)
Family Law Article, Title 5Children; Sundt le 7, Neglected Children; Subtitle 9,
Child Abuse
Mas....chusetts General Laws, c.11
5551A-51Q, DSS Regulations 110, C.M.R. 4.00
The Child Protection Law, Act No. 238 of 1975 (MCLA 722.591-722.594)
Minnesota Statute 626.556
Mississippi Code, Sections 43-21-353, 43-21-355
Child Abuse 210.110-210.165, Revised Statutes of Missouri (Cum. Supp. 1983)
Section 41-3-101 et seq., Montana Codes Annotated
28-710 R.R.S. 1943
NRS 200.501-200.509
RSA 169-C, The Child Protection Act
N.J.S.A. 9: 6-1 et seq.; N.J.S.A
30: 4C-1 et seq.
Child -en's Code, Sections 32-1-1 through 32-1-53, N.M.S.A. 1978, as amended
Chapter 1039 of the Laws of New York, Title 6, Child Protective Services (copies
available from New York State DSS, Division of Services. 40 N. Pearl Street, Albany
N ,,12243)
410 :A
27
29
North Carolina:
North Carolina juvenile Code, General Statutes. Chapter A. Ankle 41
North Dakota:
NDCC 50-25.1. Child Abuse and Neglect
Ohio:
Am. Sub. H B85, Section 2151.421 of the Ohio Revised Code. Also Sections
2919.22 and 2907 of the Ohio Revised Code for supplementary information
Oklahoma:
21 O.S.
1981. Section 845-847
Oregon:
Child Abuse Reporting, ORS 418.740-418.990
Pennsylvania:
The Child Protective Services Law found at
11 P.S. 2201 et seq.
Puerto RI co:
Ley Numero 75 de 28 de mayo de 1980, 8 laws of Puerto Rico Annotated, Sections
401-437, Chapter 23 (Child Protection)
Rhode Island:
Chapter 11, General Laws of Rhode Island
South Carolina:
South Carolina Code, 1976, as amended in 1983: Sections 20-7-110, 20-7-480, 20-7 -
490, 20-7-500, 20-7-510, 20-7-520, 20-7-530, 20-7-540, 20-7-550, 20-7-560, 20-7-
610, 20-7-640. 20-7-650, 20-7-660, 20-7-670, 20-7-680, 20-7-690
South Dakota:
S.D.C.L. 26-8-6. 26-10-10. 26-10-12, 26-10-12.3, 26-10-14, 26-10-15
Tennessee:
Tennessee Code Annotated, Title 37, Chapter 12
Texas:
Chapter 34, Texas Family Code, V.T.C.S.
Utah:
Utah Code Annotated 58-3B-2, et seq.
Vermont:
33 VSA, Chapter 14
Virgin Islands:
Title V, Virgin Islands Code, Act No. 4855, Section 15-0151
Virginia:
Code of Virginia. Section 63.1-248.1, et seq.
Washington:
Revised Code of Washington: 26.44, 74.13. 13.34
West Virginia:
49-6A-2, Reporting; 49-6A-5, Reporting Procedures; 49-1-3, Neglected Child and
Abused Child defined
Wisconsin:
Section 48.981, Wisconsin Statutes
Wyoming:
WS 14-3-201 through 215
30
28
11 Questions with Responses Lacking Legal Uniformity
The following
11 questions provided a multiplicity of responses. They are presented here
without individual source identification as material for further study by teachers.
Teachers should review their state statute for clarification, not only for this group of questions
but for all other areas concerning child abuse and neglect. In those instances where the statute
does not address the concern, local authorities should be contacted for appropriate procedures.
1. Can a teacher in your state legally take photographs of a child's bruises? Can anyone else in a
school setting photograph? Are the photographs admissible in court?
Yes
(for all three parts):
22
No
(for all three parts):
14
All yes responses indicated that the photographs were admissible in court only and if properly
authenticated.
Individual responses included these qualifications: "Per district policy"; "Determined by judge";
"Only for the purpose of disseminating the photographs with the report"; "Only persons
required to investigate can take photographs"; "Not addressed in statute"; "Taken only by
caseworker, police, or hospital"; "Only in the presence of law enforcement officer or social
worker"; "Depends on the child's privacy rights versus the school"; "Should be cleared with
school attorney."
2. Can anyone tape a child's own verbal report of how he/she was abused? Who may do this
taping? Is this tape admissible in court?
Yes
(for all three parts):
16
No
(for all three parts):
5
Individual responses included these comments: "Taping can be done only by prosecuting
attorney"; "Can be taped in sexual abuse case only, but not by school personnel"; "Per district
policy"; "Not addressed in statute"; "By law enforcement or health and welfare caseworker
only"; "Not encouraged, but no prohibition"; "Department of Education policy is for teachers to
icputt suspected incident(s) and let the investigative agency do any taping necessary"; "School
social worker."
3. By law, how long must a record be kept open by social service agency?
The most common response was "No statutory provisions." Some individual responses included
the following: "Permanent," "Until child's 28th birthday," "Up to 24 years," "5 years," "1
year."
4. Does the teacher have recourse if the case is screened out or not investigated?
The ambiguity of the question brought a myriad of responses that failed to provide a common
pattern. However, approximately 50% of the responses indicated recourse was available, but was
qualified and/or restricted by a large number of factors.
5. Are child abuse, neglect, and sexual abuse reported to the law enforcement agency or district
attorney?
No clear pattern emerged from the responses. When this question was answered (by approximately
30% of the respondents), the answers appeared to be about equally divided, but with a wide
range of qualifications.
6. Are charges pressed against the abuser in criminal court?
Yes:
No:
14
0
A sampling of responses indicated the following qualifications: "Sometimes"; "Can be, but not
mandated"; "Sexual abuse only"; "Law enforcement decides"; "Depends upon the severity of
the case"; "Not usually"; "Varies from county to county and prosecuting attorney."
30
32
7. Does your state make formal use of a child protection team? If yes, are teachers and/or
counselors included on the team?
Yes
(team):
No
(team):
26
12
Within both yes and no responses, most sources qualified their answer by indicating that policy
differed from county to county or district to district. Within the 26 yes responses, 4 sources
reported school persoz.nel were not included while the majority believed they were
8. What is court to determine: custody of child, incarceration of abuser, or both?
Of the 41 responses to this question, 39 indicated custody of child and/or both. Two states
stipulated incarceration. Me 39 custody of child and/or both answers invariably qualified the
response with such comments as "Placement, dependency, visitation"; "Distinction made by type
of court"; "When separate criminal charge is filed"; "Determined by District Attorney."
9. Is court dosed hearing, open hearing, or judge's chambers? Are witnesses such as teachers
used?
Open Hearing:
33
Closed Hearing:
8
Variant:
10
Regardless of type of hearing, 49 responses indicated teachers might be used as witnesses. No
response specified teachers would not be called, although distinctions were drawn between juvenile
and criminal hearings; several sources stated the type of hearing is determined by the judge or by
decision of the individual court; the reporter is usually not used as a witness; hearing determined
by dependency or offense case.
10. is treatment of family done by investigator, another social worker, or lawyer appointed by
court?
An insufficient number of direct responses to this question was received to provide any type of
general statement.
11. Is the investigator likely to contact teachers?
Yes:
No:
45
2
The yes responses were frequently qualified by such words as "possibly," "in some cases," "not
prohibited," and "perhaps." One state indicated "The reporter usually remains anonymous";
another stated, "If teachers report, they must be contacted."