Teachers and the Law, 8e

1. Teachers and the Law, 8e by David Schimmel, Leslie R. Stellman, and Louis Fischer PowerPoint Presentation by Gerri Spinella, Ed. D

2. Chapter 7 How Should I Deal with Child Abuse and Neglect?

3. Chapter 7 How Should I Deal With Child Abuse and Neglect? Essential Question • How does an educator , counselor, therapists deal with the following quotation from National Child Abuse Prevention and Treatment Act (1974) in today’s educational arena? • “Physical or mental injury, sexual abuse or exploitation, negligent treatment, or maltreatment of a child under the age of eighteen or the age specified by the child protection law of the state in question, by a person who is responsible for the child’s welfare, under circumstances which indicate that the child’s health or welfare is harmed or threatened thereby.” (Teachers and the Law) • Describe their obligations and liabilities involved in the reporting.

4. Key Concept –Chapter 7 How Should I Deal With Child Abuse and Neglect? Essential Question Key ConceptsChapter 1-Teachers and the Legal System Child Abuse and Neglect State Reporting Requirements Symptoms of Abuse and Neglect Reporting Child Abuse and Neglect

5. KEY CONCEPT- Chapter 7 How Should I Deal with Child Abuse and Neglect? • “. . .it has been estimated that in the United States each year, an estimated 3.2 million referrals, involving the alleged maltreatment of approximately 5.8 million children were referred. . . 25% led to findings that a child was the victim of abuse. . .” (Teachers and The Law)

6. KEY TERM- Chapter 7

7. Child Abuse and Neglect • Physical and Behavioral Indicators (Table 7.1) • Physical Abuse • Physical Neglect • Sexual Abuse • Emotional Maltreatment Symptoms of Abuse and Neglect

8. Case Presentation Cavarretta v. Department of Children and Family Services

9. State Reporting Requirements • All states require educators to report child abuse and neglect. • All States include sexual abuse and exploitation in their definition of child abuse. Check with http://www.abanet.org/child/ for updates on state laws. • A mandated reporter is protected from lawsuits.

10. Legal Implications for Educators • Mandated reporters are criminally liable for failure to report a suspected case of child abuse and neglect. • States have enacted laws that impose civil liability for failure to report. • Currently, there are no reported cases imposing civil liability on teachers or counselors. • There has been discipline for failure to report promptly.

11. Reporting Child Abuse and Neglect • State statutes outline procedures • Require an oral report • Within a reasonable period of time (24-72 hours) • Detailed written report • Name and address of child • Nature/extent of injury or condition observed • Reporter’s name and address

12. Child Abuse and Neglect • 1962 California first state to require reporting of child abuse • 1974 National Child Abuse Prevention & Treatment Act • 1988 Child Abuse Prevention, Adoption and Family Services Act 1977 U.S. Department of Health, Education and Welfare

13. Analysis ofLanderos v. Flood

14. Initial Proceedings Facts of claim by plaintiff seeks Defendant Answers (30 days) or motion to dismiss Complaint Interrogatories Depositions Document Requests Case Study Discovery Begins Settlement Conference • Step by Step • In The • Court System OUTCOME EDUCATIONAL IMPLICATION

15. Chapter 7 How Should I Deal With Child Abuse and Neglect As a mandated reporter, in what ways do you protect all children from child abuse or neglect?