DBS CODE: 5141.4

Students

Reporting of Child Abuse, Neglect and Sexual Assault

The Board of Education recognizes that a student's mental and physical health will have an effect on the student's ability to obtain the most benefit from attending school. In order to increase the student's ability to learn while in school, the Board of Education realizes the importance of identifying students who may be suffering from abuse, neglect, or placed in imminent danger of serious harm or sexually assaulted. Pursuant to Connecticut General Statutes 17a-101, as amended, all school employees, including the Superintendent of Schools, administrators, teachers, substitute teachers, guidance counselors, school counselors, paraprofessionals, psychologists and social workers licensed behavior analysts, coaches of intramural or interscholastic athletics, as well as school nurses, physicians, working in the school system, or any other person who, in the performance of his or her duties, has regular contact with students and who provides services to or on behalf of students enrolled in District schools, who suspects child abuse, neglect or sexual assault by a school employee must first report it to the Department of Children and Families or to a law enforcement agency. When a school employee suspects child abuse, neglect or that a child has been placed in imminent risk of serious harm or has been sexually assaulted, he/she shall within twelve (12) hours make an oral report by telephone or in person to the Commissioner of Children and Families, or a law enforcement agency, followed within 48 hours with a written report. The Building Principal shall be notified immediately after the oral report has been made and the Principal in turn will notify the Superintendent of Schools and the child's parents. The written report prepared and submitted by the mandated reporter shall also be submitted to the Principal.
Any school personnel who has reasonable cause to suspect that a district employee is abusing, neglecting, or sexually assaulting a student shall orally report that suspicion as soon as possible but no later than twelve (12) hours by telephone or in person to the Commissioner of Children and Families followed no later than 48 hours of making the oral report with a written report to the Department of Children and Families. The Superintendent of Schools or supervising agent may be notified immediately after the oral report has been made. The Commissioner of Children and Families or his/her designee, is required to notify the school employee and the head of a school, except when that person is the alleged perpetrator. The Superintendent or supervising agent must: 1) immediately notify parent(s) of the alleged abuse that a report has been made; and 2) immediately notify the Police Department of the alleged abuse.

In addition, the Superintendent or supervising agent must submit a written report of suspected child abuse, neglect or sexual abuse by a school employee who has been entrusted with the care of a child to the Commissioner of Education or his/her representative. The Commissioner of the Department of Children and Families has a similar obligation. The Superintendent shall suspend a District employee when the DCF investigation results in a finding of reasonable cause that the employee abused, neglected, or sexually assaulted a child and recommends the employee be placed on the DCF Child Abuse and Neglect Registry. The Department of Children and Families is required to send to the State Department of Education a copy of the report. Within seventy two (72) hours after such suspension the Superintendent shall notify the Board of Education and the Commissioner of Education or his/her representative of the reasons for and conditions of the suspension.

If the contract of employment of a school employee who possesses a certificate, permit or authorization issued by the State Board of Education is terminated, of if such certified school employee resigns his/her employment, as a result of an investigation which reveals that child abuse, neglect or sexual assault has occurred, the Superintendent shall notify the Commissioner of Education within 72 hours of such termination or resignation.

If the report of abuse or neglect involves an employee of the District as the perpetrator, the District may conduct its own investigation into the allegation, provided that such investigation shall not interfere with or impede any investigation conducted by the Department of Children and Families or of law enforcement agencies.

The Board recognizes that the Department of Children and Families is required to disclose records to the Superintendent of Schools in response to a mandated reporter's written or oral report of abuse or neglect or if the Commissioner of Children and Families has reasonable belief that a school employee abused or neglected a student. Not later than five (5) working days after an investigation of child abuse or neglect by a school employee has been completed, DCF is required to notify the school employee and the Superintendent and the State Department of Education of the investigation's results. If DCF has reasonable cause, and recommends the employee be placed on DCF's Child Abuse and Neglect Registry, the Superintendent shall suspend such employee.

The Superintendent shall maintain records of allegations, investigations and reports that a child has been abused or neglected by a school employee. Such records will be maintained in the District's Central Office. The records shall include any reports made to the Department of Children and Families. Such Department is to have access to all such records.

The Board, recognizing its responsibilities to protect children and in compliance with its statutory obligations shall provide in-service regarding the requirements and obligations of mandated reporters. In addition, all District employees shall complete a training program pertaining to the accurate and prompt reporting of abuse, neglect and sexual assault made available by the Commissioner of Children and Families. Also, all employees must complete a refresher program at least once every three years.

The Board, recognizing its responsibilities to protect children and in compliance with its statutory obligations, shall provide to each employee in-service training regarding the requirements and obligations of mandated reporters. District employees shall also participate in training offered by the Department of Children and Families. Each school employee is required to complete a refresher training program annually.

The Board shall annually distribute the mandated reporter policy electronically to all school employees. The Board shall annually distribute electronically, to all school employees, Board members, and parents and guardians of enrolled students, (1) guidelines on identifying and reporting child sexual abuse, starting in the 2022-23 school year, and (2) information on DCF's sexual abuse and assault awareness and prevention program.

Documentation shall be maintained by the Principal of each school and reported to the Superintendent that all employees have, in fact, received the written policy and completed initial training and refresher training related to mandated reporting of child abuse, neglect and sexual assault as required by law.

The Board shall not retaliate against any mandated reporter for his/her compliance with the law and Board policy pertaining to the reporting of suspected child abuse and neglect.

The Board of Education will post the telephone number of the Department of Children and Families' child abuse hotline, Careline, and the Internet web address that provides information about the Careline in each District school in a conspicuous location frequented by students. Such posting shall be in various languages most appropriate for the students enrolled in the school.

Establishment of the Confidential Rapid Response Team

The Board of Education shall establish a confidential rapid response team to coordinate with DCF to (1) ensure prompt reporting of suspected child abuse or neglect; or 1st, 2nd, 3rd, or 4th degree sexual assault; 1st degree aggravated sexual assault; or 3rd degree sexual assault with a firearm of a student not enrolled in adult education by a school employee and (2) provide immediate access to information and individuals relevant to DCF's investigation of such cases.

The confidential rapid response team shall consist of (1) a local teacher and the Superintendent, (2) a local police officer, and (3) any other person the Board of Education deems appropriate.

DCF, along with a multidisciplinary team, is required to take immediate action to investigate and address each report of child abuse, neglect or sexual abuse in any school.

(cf. 4112.6/4212.6 - Personnel Records)
(cf. 5141.511 - Sexual Abuse Prevention and Education Program)

Legal Reference: Connecticut General Statutes

10-220a In service training. Professional development committees. Institutes for educators. Cooperating teacher program, regulations

10-221d Criminal history records check of school personnel. Fingerprinting. Termination or dismissal

10-221s Investigations of child abuse and neglect. Disciplinary action.

17a-28 Definitions. Confidentiality of and access to records; exceptions. Procedure for aggrieved persons. Regulations 17a-101 Protection of children from abuse. Reports required of certain professional persons. When child may be removed from surroundings without court order

17a-101a Report of abuse or neglect by mandated reporters.

17a-102 Report of danger of abuse. (as amended by PA 02-106)

17a-106 Cooperation in relation to prevention, identification and treatment of child abuse/neglect

10-151 Teacher Tenure Act

PA 11-93 An Act Concerning the Response of School Districts and the Departments of Education and Children and Families to Reports of Child Abuse and Neglect and the Identification of Foster Children in a School District

PA 14-186 An Act Concerning the Department of Children and Families and the Protection of Children

PA 15-205 An Act Protecting School Children

Adopted: June 25, 1984
Revised: September 24, 1990
April 7, 1997
November 24, 2003
November 23, 2009
February 13, 2012
March 9, 2015
February 29, 2016
September 11, 2016
September 10, 2018
August 28, 2023

ADMIN. REG: 5141.4

STUDENTS:

Reporting of Child Abuse/Neglect:

a. What Must be Reported

A report must be made when any mandated reporter of the Board of Education, in his/her professional capacity, has reasonable cause to suspect or to believe that a child under the age of eighteen:

1. Is in danger of being abused;

2. Has had non-accidental physical injuries or physical injuries which are at variance with the history given for them, inflicted by a person responsible for the child’s health, welfare or care, or by a person given access to such child by a responsible person;

3. Has been neglected; or

4. Has been placed in imminent risk of serious harm.

b. Reporting Procedures for Statutory Mandated Reporters

The following procedures apply only to statutory mandated reporters, as defined above.

1. When an employee of the Board of Education suspects or believes that a child has been abused, neglected, or has been placed in imminent risk of serious harm, the following steps shall be taken:

(a) The employee shall immediately, upon having reasonable cause to suspect or believe that a child has been abused, neglected, or placed in imminent danger of serious harm, and in no case later than twelve (12) hours after having such a suspicion or belief, make an oral report by telephone or in person to the Commissioner of Children and Families or the local law enforcement agency.

(b) The employee shall also immediately make an oral report to the Superintendent or the Superintendent’s designee.

(c) If a report prepared in accordance with Section (a) above concerns suspected abuse or neglect by a school employee, the Superintendent or his/her designee, shall immediately notify the child’s parent or guardian that such a report has been made.

(d) Within 48 hours of making an oral report, the employee shall submit a written report to the Commissioner of Children and Families, or his/her representative, containing all of the required information.

(e) The employee shall immediately, submit a written report to the Superintendent or the Superintendent’s designee.

(f) If a report prepared in accordance with Section (c) above, concerns suspected abuse or neglect by a school employee who possesses a certificate, permit or authorization issued by the State Board of Education, the Superintendent shall submit a copy of the written report to the Commissioner of Education, or his/her representative.

c. Reporting Procedures for Employees Other Than Statutory Mandated Reporters

The following procedures apply only to employees who are not statutory mandated reporters, as defined above.

1. When an employee who is not a statutory mandated reporter suspects or believes that a child has been abused, neglected, or placed in imminent danger of serious harm, the following steps shall be taken:

(a) The employee shall immediately, upon having reasonable cause to suspect or believe that a child has been abused, neglected, or placed in imminent danger of serious harm, and in no case later than 12 hours after having such a suspicion or belief, make an oral report by telephone or in person to the Director of Special Services, (or Principal) to be followed by an immediate written report to the Superintendent, or his/her designee.

(b) The Superintendent, or his/her designee, shall immediately, upon suspecting or believing that a child has been abused, neglected, or placed in imminent risk of serious harm, and in no case later than 12 hours after having such a suspicion or belief, make an oral report by telephone or in person to the Commissioner of Children and Families or the local law enforcement agency.

(c) In cases involving suspected abuse or neglect by a school employee, the Superintendent, or his/her designee, shall immediately notify the child’s parent or guardian that such a report has been made.

(d) Within 48 hours of making an oral report, the Superintendent, or his/her designee, shall submit a copy of the written report to the Commissioner of Children and Families, or his/her representative, containing all of the required information.

(e) If a report, prepared in accordance with section (c) above, concerns suspected abuse or neglect by a school employee possessing a State Board of Education issued certificate, permit or authorization, the Superintendent shall submit a written report to the Commissioner of Education, or his/her representative.

d. Contents of Reports

Any report made pursuant to this policy shall contain the following information, if known:

1. The names and addresses of the child and his/her parents or other persons responsible for his/her care;

2. The age of the child;

3. The gender of the child;

4. The nature and the extent of the child's injury or injuries, maltreatment or neglect;

5. The approximate date and time the injury or injuries, maltreatment or neglect occurred;

6. Information concerning any previous injury or injuries to, or maltreatment or neglect of, the child or his/her siblings;

7. The circumstances in which the injury or injuries, maltreatment or neglect came to be known to the reporter;

8. The name of the person or persons suspected to be responsible for causing such injury or injuries, maltreatment or neglect; and

9. Whatever action, if any, was taken to treat, provide shelter or otherwise assist, the child.

e. Investigation of the Report

If the suspected abuser is a school employee, the Superintendent shall thoroughly investigate the report. To the extent feasible, this investigation shall be coordinated with the Commissioner of Children and Families or the police in order to minimize the number of interviews of any child and to share information with other persons authorized to conduct an investigation of child abuse and neglect. When investigating a report, the Superintendent shall endeavor to obtain, when possible, the consent of parents or guardians or other persons responsible for the care of the child, to interview the child, except in those cases in which there is reason to believe that the parents or guardians or other persons responsible for the care of such child are the perpetrators or the alleged abusers.

The investigation shall include an opportunity for the suspected abuser to be heard with respect to the allegations contained within the report. During the course of an investigation of suspected abuse by a school employee, the Superintendent may suspend the employee with pay or may place the employee on administrative leave with pay pending the outcome of the investigation.

1. Evidence of Abuse by School Employee. After an investigation has been completed, if the Commissioner of Children and Families, based upon the results of such investigation, has reasonable cause to believe that a child has been abused by an employee in a position requiring a certificate, permit or authorization issued by the State Board of Education, the Commissioner shall notify the Superintendent of such finding and shall provide records, whether or not created by the Department of Children and Families, concerning such investigation to the Superintendent, who shall suspend the employee, if not previously suspended, with pay and without diminution or termination of benefits. Within 72 hours after such suspension, the Superintendent shall notify the Board of Education and the Commissioner of Education, or his/her representative, of the reasons for the conditions of suspension. The Superintendent shall disclose records received from the Department of Children and Families to the Commissioner of Education and the Board of Education, or its attorney, for the purposes of review of employment status, certification, permit or authorization. Any decision of the Superintendent concerning such suspension shall remain in effect until the Board of Education acts, pursuant to the provisions of Connecticut General Statutes.

Regardless of the outcome of any investigation by DCF and/or the police, the Superintendent and/or the Board, as appropriate, may take disciplinary action up to and including termination of employment in accordance with the provisions of any applicable statute, if the Superintendent’s investigation produces evidence that a child has been abused by a certified, permit or authorized school staff member.

If the contract of employment of a school employee holding a certificate, permit or authorization issued by the State Board of Education is terminated as a result of an investigation into reports of child abuse and neglect, the Superintendent shall notify the Commissioner of Education, or his/her representative, within 72 hours of such termination.

2. Evidence of Abuse by Other School Staff. If the investigation by the Superintendent and/or Commissioner of Children and Families did produce evidence that a child has been abused by a non-certified school staff member the Superintendent and/or the Board, as appropriate, may take disciplinary action up to and including termination of employment.

f. Delegation of Authority by Superintendent. The Superintendent may appoint a designee for the purposes of receiving and making reports, notifying and receiving notification, or investigating reports pursuant to this policy.

g. Special Reporting Procedures Concerning Suspected Abuse or Neglect of Mentally Retarded Persons. In addition to the reporting procedures set forth above, Connecticut General Statutes require that certain school personnel, including teachers, licensed nurses, psychologists and social workers, report any suspected abuse or neglect of mentally retarded persons over the age of 18. It is policy of the Board of Education to require ALL EMPLOYEES of the Board of Education to comply with the following procedures in connection with the suspected abuse or neglect, as defined below, of any mentally retarded person over the age of 18.

1. Definitions. For the purposes of this policy:

“Abuse” means the willful infliction of physical pain or injury or willful deprivation by a caretaker of services which are necessary to the person’s health or safety.

“Neglect” means a situation where a mentally retarded person is either living alone or is not able to provide for him/herself the services which are necessary to maintain his/her physical and mental health, or is not receiving such necessary services from the caretaker.

2. Reporting Procedures. If an employee has reasonable cause to suspect that a mentally retarded person has been abused or neglected, he/she shall, within five calendar days, make an oral report to the Director of the Office of Protection and Advocacy for Persons with Disabilities, to be followed by a written report within five additional calendar days, or shall immediately notify the Superintendent in order for the Superintendent to make such oral and written reports to the Office of Protection and Advocacy. In the event that an employee makes a report to the Office of Protection and Advocacy, the employee shall immediately notify the Superintendent.

3. Contents of Report. Any such report shall contain the following information:

(a) The name and address of the allegedly abused or neglected person;

(b) A statement from the reporter indicating a belief that the person is mentally retarded, together with information indicating that the person is unable to protect himself or herself from abuse or neglect;

(d) Any additional information, which the reporter believes, would be helpful in investigating the report or in protecting the mentally retarded person.

4. Investigation of Report. If the suspected abuser is a school employee, the Superintendent shall thoroughly investigate the report following the procedures regarding the investigation of reports of child abuse set forth in paragraph e above.

If the investigation by the Superintendent and/or the Office of Protection and Advocacy produces evidence that a mentally retarded person has been abused by a school employee, the Superintendent and/or the Board, as appropriate, may take disciplinary action, up to and including termination of employment.

h. Disciplinary Action for Failure to Follow Policy. Any employee who fails to comply with the requirements of this policy shall be subject to discipline, up to and including termination of employment.

i. Non-Discrimination Policy. The Board of Education shall not discharge or in any manner discriminate or retaliate against any employee who, in good faith, makes a report pursuant to this policy or testifies or is about to testify in any proceeding involving abuse or neglect.

Adopted: September 24, 1990

November 24, 2003