Mandatory Reporting of Child Abuse

Information provided by Eric Hylton, ISTA Attorney

As of July 1, 2017, a school employee who has reason to believe that a student is a victim of child abuse or neglect must immediately make an oral or written report to the Department of Child Services (“DCS”) or to the local law enforcement agency. (IC 31-33-5-1, -2). After making the report, the school employee is then required to notify the individual in charge of the school to let them know a report was made. (IC 31-33-5-2). Prior to July 1, 2017, a school employee made a report to the principal of their building, who was then required to contact DCS or police. The new law requires that the school employee contact DCS or police first, and then inform the principal. Additionally, a new law prohibits a school corporation from making any policy that restricts or delays the duty of a school employee to report to DCS or police. (IC 31-33-5-5). A school employee who fails to make a report commits a Class B misdemeanor. (IC 31-33-22-1).

The requirement to report includes for such things as physical abuse, emotional abuse, and neglect. Physical abuse includes such things as hitting, kicking, shaking, slapping, biting, squeezing, or sexual abuse of a child. Neglect can include failure of a parent to provide health care, food, clothing, shelter, medicine, adequate sleep, or supervision. Emotional abuse can include exposing children to domestic violence, verbal abuse, withholding food as punishment, exposure to criminal activity in the home, or psychological abuse. These are just examples of some of the things a school employee is required to report. The standard is “reason to believe” that a student is a victim of abuse or neglect. A school employee does not need to investigate to find out if abuse or neglect occurred. Instead, a school employee should make a report to DCS or police and let them investigate. The identity of the reporting source is kept confidential. It is critical that these reports get made by school employees because I think there will be an emphasis made on prosecuting school employees who fail to report when DCS or police investigate an abused child and discover that a school employee was aware of the possible abuse or neglect, but failed to report. This duty to report includes one school employee who may witness or be made aware of abuse or neglect by another school employee against a child.

Equally important are child abuse allegations made against school employees. The laws are getting more strict dealing with allegations made against school employees. The law requires that every report of alleged abuse or neglect by a school employee, whether that report is unsubstantiated or substantiated, must be sent to the state superintendent of public instruction at the Indiana Department of Education. Because these reports could affect license renewals and possibly result in license suspensions or revocations, it is critical that school employees not meet with DCS or police without representation. ISTA members are entitled to an attorney as part of their membership if they are investigated by DCS or the police. Over the last 2 school years, I have represented over 170 members in DCS or police investigations. DCS investigators are often being required to meet with the alleged child victim within 24 hours of an allegation being made. If the allegation is against a school employee, DCS investigators or police will often try to meet with the accused school employee on the same visit when they meet with the child. I am usually given a heads-up by DCS investigators in Northern Indiana so I can be present, but I am very rarely notified of cases in Southern Indiana. Because these allegations of abuse or neglect by a teacher, or a failure to report, can have such dire consequences on a school employees’ job and license, it is critical that they have legal representation before meeting with DCS or police. I suggest local leaders inform their members of this membership benefit and stress not meeting with DCS or police without representation. If DCS or police show up and ask to meet with a school employee, the employee can simply tell them that they will meet with them when the Association attorney is present. I always make these cases a priority and will get on-site as soon as I can. With the laws getting more strict, I believe we are going to see more and more teachers facing termination or action on their license because of child abuse or neglect allegations against them.

Find the full Indiana Code for Child Abuse Reporting here.

Laws regarding teacher immunity for making a report in good faith can be found here.