File: JLDBD
CHILD ABUSE
Each year in the United States an estimated one million children are abused; five thousand die as a direct result of child abuse. Some of these children may be in our schools.
Next to the family, the school is generally considered the most important influence on a child’s life. The function of the schools obviously goes beyond teaching children to read, write, and add. In some cases where the family unit fails to protect, or itself threatens the child’s welfare, schools can play an invaluable role in saving or salvaging children’s lives.
School personnel can play a vital role in preventing child abuse because they have almost daily contact with children above the age of five and under Chapter 766 some contact with some children at the age of three. Probably no other person besides the child’s parents has such prolonged and consistent access to achild.
Educators have the ability to identify a child before serious injury is inflicted. As professionals, educators have the skills and experience needed to identify unusual physical conditions and unusual emotional behavior. Teachers and other school personnel are often the first line and in some cases, the last line of defense in the fight against child abuse.
Protecting an abused or neglected child’s safety involves identification, investigation, and intervention. The first step in resolving suspected child abuse is identification. The primary mechanism of identification is the mandatory reporting statute which in Massachusetts is Chapter 119, Section 51A of the General Laws as amended by Chapter 1076 of 1973.
Massachusetts Law now requires educational personnel to report abuse cases if in their “professional capacity, they have reasonable cause to believe that a child under the age of eighteen years is suffering serious physical or emotional injury resulting from abuse inflicted upon him, including sexual abuse, or from neglect, including malnutrition, or who is determined to be physically dependent upon an addictive drug at birth.”
The law also provides for immunity for those of us who are mandated to report suspected cases of abuse and neglect. Under this statute no person required to report shall be liable in any civil or criminal action by such a report given in good faith. Conversely, the law also provides for a fine of up to $1,000 for failure to report.
The purpose of the law is to protect children and to prevent further neglect or abuse — not to punish parents. Inherent in the law is the understanding that in the great majority of cases, the best way to help children is to help their families. Abuse and neglect are important symptoms and danger signs that a family is in need of help.
YOUR LEGAL RESPONSIBILITY IS SIMPLY TO REPORT SUSPECTED CHILD ABUSE.Your reporting is the first step in providing help. In a very real sense, you are the first and last line of defense in the battle against child abuse.
LEGAL REF.: M.G.L. J.19:51A
West Springfield Public Schools