Mandatory Reporting of Child Abuse and Neglect

1. Mandatory Reporting of Child Abuse and Neglect Clinton Community School District August 26, 2011

2. Persons Required to Report • Any person employed by the district • who has reasonable cause to suspect that a child has been abused or neglected or • reason to believe that a child has been threatened with abuse or neglected and t • the abuse or neglect of the child will occur shall report • Must Report (Mandatory Reporter

3. Definitions • “Abuse” (as defined by law) • Physical injury inflicted on a child by other than accidental means. • in the context of sexual abuse or assault means ; sexual intercourse or sexual contact, sexual exploitation, forced viewing of sexual activity, or permitting, allowing or encouraging a child to engage in prostitution. • Who is suffering emotional damage for which the parent or guardian if unwilling to provide treatment, which is evidenced by one or more of the following characteristics, exhibited to a severe degree: anxiety, depression, withdrawal or outward aggressive behavior. • Neglect is when a parent or caretaker fails, refuses or is unable for reasons other than poverty to provide the necessary care, food, clothing, medical or dental care so as to seriously endanger the physical health of the child.

4. Sexual abuse is defined as • Employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or assist any other person to engage in, any sexually explicit conduct or any simulation of such conduct for the purpose of producing any visual depiction of such conduct; or • Rape, and in cases of caretaker or inter-familial relationships, statutory rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children.

5. Mandatory Reporting Sexually Active Minor • There are three critical factors that determine whether of not a sexually active minor must be reported for suspected abuse: • Voluntary vs. involuntary “sexual contact” or “sexual intercourse” • The age of the minor • Whether the minor has health care services • Any sexual contact or intercourse, voluntary or involuntary with a minor under the age of 16 years must be reported as suspected abuse.

6. All states require certain professionals and institutions to report suspected child abuse. • Wisconsin requires school teachers, school administrators, school counselors, speech and language pathologists, nurses, physical therapists, occupational therapists, school social workers, among many other professionals such as mental health care providers of all types, day care providers and law enforcement personnel. • To report (Mandatory Reporter)

7. Extent of the knowledge triggering the duty to report varies. Wisconsin statutes call for reporting upon a mere “reasonable cause to believe” or a “reasonable suspicion.” • Failure to report suspected child abuse can result in criminal liability, although the liability is typically a misdemeanor punishable by a fine. • Failure to report can result in civil liability.

8. Confidentiality and Privileges. Some statutes expressly provide that all confidential privileges are abrogated. The clergy/penitent exception, is strictly defined and will not apply if a clergyman is acting in another role, i.e. a health practitioner or teacher.

9. Wisconsin requires the report to be made to Rock County Department of Social Services immediately the day of the discovery of incident. • Department of Social Services: Child Protection Service (608) 757-5401. • Reporting to a parent or relative will not satisfy the reporter’s legal duty under the statutes.

10. Clinton Community School DistrictMandatory Reporting Procedures The following procedures are to be used in referring suspected child abuse cases: • Any school employee suspects that a child has been abused shall report this immediately to the principal. • The principal shall notify the Director of Pupil Services that child abuse is suspected. • The staff member will immediately make an oral report to the Rock County Department of Social Services. If there is any doubt or question in reporting such cases, it should be resolved in favor of the child with the report being made to both the Rock County Social Service and Rock County Sheriff’s Department.

11. Clinton Community School DistrictMandatory Reporting Procedures cont. 6. All appropriate school personnel shall be available to provide supportive services when this is part of the student plan. 7. Any repeated suspected child abuse incidents will be reported as outlined above. 8. If there are no significant changes from the standpoint of the school following a referral, the school principal may request a new status report.

12. Clinton Community School DistrictMandatory Reporting Procedures cont. • Mandatory Reporting Forms may be obtained from your school office, school counselor, school psychologists or Pupil Services office. • Pupil Service Personnel are available upon request to assist with reporting

13. Additional Information Detailed documents regarding Mandatory Reporting are also available on the World Wide Web: • http://dpi.wi.gov/sspw/pdf/rrfsaa/pdf • http://dhfs.wisconsin.gov/Children/CPS/progserv/progINDX.htm • http://www.dpi.wi.gov/sspw/doc/sspwchildabuse.doc