NEPN/NSBA Code:  JLF 

REPORTING CHILD ABUSE AND NEGLECT

I. DEFINITIONS

A. Child abuse or neglect. Child abuse or neglect is defined by Maine law as“a threat to a child’s health or welfare by physical, mental or emotional injury or impairment, sexual abuse or exploitation, deprivation of essentialneeds or lack of protection from these, by a person responsible for the child. Another form of child abuse or neglect under Maine law is a failure to ensure compliance with the school attendance requirement, if the child is at least seven years of age and has not completed grade six and has the equivalent of seven full days of unexcused absences or five consecutive school days of unexcused absences during a school years, by a person responsible for the child.

B. Person responsible for the child. A “person responsible for the child” means a person with responsibility for a child’s health or welfare, whether in the child’s home or another home or a facility which, as part of its function, provides for the care of the child. It includes the child’s parent, guardian or other custodian.

II. EMPLOYEES’ DUTY TO REPORT

Any employee of the school unit who has reason to suspect that a child has been or is likely to be abused or neglected must immediately notify the building administrator. Within 24 hours of notifying the building administrator, the employee shall also make a report directly to the Department of Health and Human Services (DHHS) or, if the person suspected is not the parent, guardian or other custodian of the child, to the District Attorney, as provided in Section IV of this policy.

The employee making the report to DHHS and/or the District Attorney shall complete the Suspected Child Abuse and Neglect Reporting Form (JLF-E1). The employee shall promptly notify the building administrator that a report has been made to DHHS or the District Attorney and provide the building administrator (or designee who is a mandatory reporter by law) with the original copy of the filed

report.

III. ADMINISTRATORS’ DUTIES

A. If the building administrator/designee does not receive the original copy of the report filed with DHHS and/or the District Attorney within 24 hours of the initial notice from the employee, the building administrator/designee shall then make a report directly to the Department of Health and Human Services (DHHS) or the District Attorney and complete the Suspected Child Abuse and Neglect Reporting Form (JLF-E1).

B. The building administrator/designee shall forward the completed Suspected Child Abuse and Neglect Reporting Form (JLF-E1) to the

Superintendent/designee.

C. The Superintendent/designee shall retain a record of all verbal and written reports made to DHS, the District Attorney, or other outside agencies as well as all actions taken by the school unit for ten years, as specified in the

Maine Archive Rules.

IV. REPORTING PROCEDURES

The verbal report shall include the following information, if known:

A. The name, telephone number(s), and address of the child and the persons responsible for his/her care or custody;

B. The child’s birth date and sex;

C. The nature and extent of the alleged abuse or neglect, including description of injuries and any explanation given for them;

D. A description of alleged sexual abuse or exploitation, if any;

E. Family composition and evidence of prior abuse or neglect of the child or his/her siblings;

F. The source of the report, the person making the report, his/her occupation and where he/she can be contacted;

G. Any actions taken by school staff, including any photographs taken or other materials collected; an

H. Any other information the person making the report believes may be helpful.

Upon DHS’ request for a written report, the Superintendent/designee shall complete the Suspected Child Abuse/Neglect Report and mail a copy to DHS. Proper documentation shall be maintained in accordance with Section III. C.

V. INTERNAL INVESTIGATIONS AND DISCIPLINE

A. Employees. If the person suspected of abuse or neglect is an employee, the Superintendent/designee shall investigate and take appropriate action, in accordance with applicable School Committee policies, collective bargaining contracts, and federal and state laws.

B. Students. If the person suspected of abuse or neglect is a student, and the abuse or neglect occurred on school premises, during a school activity, or is otherwise related to the school, the Superintendent/designee shall investigate and take appropriate action, in accordance with applicable School Committee policies and federal and state laws.

VI. INTERVIEWS OF STUDENT AND SCHOOL PERSONNEL

Upon Department of Human Services (DHHS) request, DHHS personnel shall be permitted to meet with and interview a child who is named in a report of suspected child abuse and neglect when the child is present at the school. The interviewer shall provide written certification that he/she is an authorized representative of the DHHS and that, in DHHS judgment, the interview is necessary to carry out that

Department’s duties under Maine law.

The DHHS caseworker shall discuss the circumstances of the interview and any relevant information regarding the alleged abuse or neglect with the child’s teacher or guidance counselor or the school’s nurse, social worker or principal, as the caseworker determines is necessary for the provision of any needed emotional support to the child prior to and following the interview. 

School officials may not place any other conditions on the DHHS’s ability to conduct the interview, including but not limited to requiring that certain persons be present during the interview; prohibiting certain persons from being presentduring the interview; or requiring notice to or consent from a parent or guardian. School officials shall provide an appropriate, quiet and private place for the interview to occur.

That DHHS intends to interview the child is confidential information and may not be disclosed to any person except those school officials, including an attorney for the school, who need the information to comply with Maine law pertaining to child abuse and neglect investigations.

School personnel who assist DHHS in making a child available for an interview are regarded as participating in a child protection investigation or proceeding for the purpose of immunity from liability.

VII. CONFIDENTIALITY OF INFORMATION AND RECORDS

All records, reports and information concerning alleged cases of child abuse and neglect shall be kept confidential to the extent required by School Committee policies and applicable law.

The building administrator/designee is permitted to release a student’s school records without prior consent of the parent/guardian to DHS or law enforcement officials as necessary to protect the health or safety of the student or other individuals under federal law.

VIII. GOOD FAITH IMMUNITY FROM LIABILITY

Any person who in good faith reports or participates in the investigation or proceedings of a child protection investigation is immune from any criminal or civil liability for the act of reporting or participating in the investigation or proceeding. Good faith does not include instances when a false report is made and the person knows the report is false.

IX. TRAINING

Any employee of the school unit who is required to make a report shall, at least once every four years, complete mandated training approved by the Department of Health and Human Services (DHHS). The Superintendent/designee will be responsible for documenting employee training.

Legal Reference: 22 MRSA Chap. 1071, Child and Family Services and Child

Protection Act 20 USC § 1232g, Family Educational Rights and

Privacy Act 20-A MRSA §§5051-A(1)(C); 5051-A(2)(C)

Cross Reference: ACAA – Harassment and Sexual Harassment of Students

JLF-E1 – Suspected Child Abuse/Neglect Report Form

JRA – Student Records

Adopted: June 7, 2000

Revised: February 11, 2008

Reviewed: September 24, 2012

Revised: January 11, 2016

Revised: August 22, 2016