Littleton Public Schools Policy

Policy Code    JLF Policy Name    Reporting Child Abuse/Child                                  Protection Adoption            October 26, 1995 Revised

Background Information

In adopting the Child Protection Act of 1987, the Colorado legislature declared its intent to protect the best interests of children in this state and to offer protective services in order to prevent any further harm to children suffering from abuse. To this end, the act requires reporting of known or reasonably suspected child abuse or neglect to county social services or local law enforcement, immediate investigation of all such reports, and intervention, including protective custody, when appropriate.

Persons who in good faith make a report, facilitate investigation of a report, participate in a judicial proceeding, or otherwise perform duties under the act are granted immunity from liability, civil and criminal, and from termination of employment for their involvement, unless a court determines that such persons’ involvement was willful, wanton, and malicious. Good faith on the part of such persons is presumed. Any person who willfully violates the reporting requirement or who willfully and knowingly makes a false report commits a class three misdemeanor (maximum penalty: six months in prison, a $750 fine, or both) and is liable for civil damages proximately caused thereby.

The investigation by the department of social services and/or local law enforcement must include an interview with the subject of the alleged abuse wherever the child may be located. No court order or consent of parents or guardians is required by the act before a child may be interviewed at school.

Definition

“Child abuse or neglect” means any act or omission which results in one or more of the following conditions which threatens the health or welfare of a child:

      skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling, or death and either such condition or death is not justifiably explained, the history given concerning such condition or death is at variance with the degree or type of such condition or death; or the circumstances indicate that such condition or death may not be the product of an accidental occurrence;

      sexual assault or molestation, sexual exploitation or prostitution; or

      failure of a child’s parents, legal guardian, or custodian to take the same actions to provide adequate food, clothing, shelter, medical care, or supervision that a prudent parent would take. Please review 19 -1-103, C.R.S. for special information pertaining to spiritual or religious healing as it pertains to medical care.

Requirements

Any school official or employee who has reasonable cause to know or suspect that a child has been subjected to abuse or neglect or who has observed the child being subjected to circumstances or conditions which would reasonably result in abuse or neglect shall immediately report or cause to be reported such fact to the county department of social services or local law enforcement agency.

Investigators from such agencies, when properly identified, shall be permitted to interview any child who is the subject of a report of suspected child abuse. District facilities may be used for such interview, and District personnel may be present during the interview, at the discretion of the investigating agency.

School employees and officials shall not contact the child’s family or any other persons to determine the cause of the suspected abuse or neglect. It is not the responsibility of the school official or employee to prove or disprove that the child has been abused or neglected.

Teacher Training

The Board shall provide periodic in-service programs for all teachers concerning the Child Protection Act of 1987, as well as instruction to assist teachers in recognizing child abuse or neglect, in knowing how to report suspected incidents of child abuse or neglect, and in knowing how to assist the child victim and his or her family.

Legal Reference:  C.R.S. 19-3-301 et seq., including

                                      19-3-303(1)(a), Definition of “Child Abuse or Neglect”

                                      19-3-304, Persons Required To Report Child Abuse or Neglect

                                      19-3-307, Reporting Procedures

                                      19-3-309, Immunity From Liability—Persons Reporting

                           C.R.S. 19-1-120(1)(a), Confidentiality of Records—Dependency and Neglect

                           C.R.S. 22-32-109(1)(z), Board of Education—Specific Duties

Cross Reference: GBGB, Staff Personal Security and Safety