Burlingame SD | E 5141.4 Students
Child Abuse Prevention & Reporting
Mandated Reporting Procedures
Who is a Mandated Reporter?
A list of persons whose profession qualifies them as "mandated reporters" of child abuse or neglect is found in California Penal Code Section 11165.7. The list is extensive and continues to grow. It includes all school/district employees, administrators, and athletic coaches. All persons hired into positions included on the list of mandated reporters are required, upon employment, to be provided with a statement, informing them that they are a mandated reporter and their obligations to report suspected cases of abuse and neglect pursuant to California Penal Code Section 11166.5.
All persons who are mandated reporters are required, by law, to report all known or suspected cases of child abuse or neglect. It is not the job of the mandated reporter to determine whether the allegations are valid. If child abuse or neglect is reasonably suspected or if a pupil shares information with a mandated reporter leading them to believe abuse or neglect has taken place, the report must be made. No supervisor or administrator can impede or inhibit a report or subject the reporting person to any sanction.
What must be reported?
* Emotional Abuse of a child
* Physical Abuse of a child
* Neglect of a child
* Sexual Abuse of a child
Identification of Child Abuse and Neglect
While physical abuse often leaves visible scars, not all child abuse is as obvious, but can do just as much harm. It is important that individuals working with and around children be able to know what constitutes child abuse or child neglect and know how to identify potential signs.
Child Abuse and/or Child Neglect Can Be Any of the Following:
* A physical injury inflicted on a child by another person other than by accidental means.
* The sexual abuse, assault, or exploitation of a child.
* The negligent treatment or maltreatment of a child by a person responsible for the child's welfare under circumstances indicating harm or threatened harm to the child's health or welfare. This is whether the harm or threatened harm is from acts or omissions on the part of the responsible person.
* The willful harming or endangerment of the person or health of a child, any cruel or inhumane corporal punishment or any injury resulting in a traumatic condition.
One does not have to be physically present or witness the abuse to identify suspected cases of abuse, or even have definite proof that a child may be subject to child abuse or neglect. Rather, the law requires that a person have a "reasonable suspicion" that a child has been the subject of child abuse or neglect. Under the law, this means that it is reasonable for a person to entertain a suspicion of child abuse or neglect, based upon facts that could cause a reasonable person, in a like position, drawing, when appropriate, on their training and experience, to suspect child abuse or neglect.
Red flags for abuse and neglect are often identified by observing a child's behavior at school, recognizing physical signs, and observations of dynamics during routine interactions with certain adults. While the following signs are not proof that a child is the subject of abuse or neglect, they should prompt one to look further.
Warning Signs of Emotional Abuse in Children
* Excessively withdrawn, fearful, or anxious about doing something wrong.
* Shows extremes in behavior (extremely compliant or extremely demanding; extremely passive or extremely aggressive).
* Doesn't seem to be attached to the parent or caregiver.
* Acts either inappropriately adult-like (taking care of other children) or inappropriately infantile (rocking, thumb-sucking, throwing tantrums).
Warning Signs of Physical Abuse in Children
* Frequent injuries or unexplained bruises, welts, or cuts.
* Is always watchful and "on alert" as if waiting for something bad to happen.
* Injuries appear to have a pattern such as marks from a hand or belt.
* Shies away from touch, flinches at sudden movements, or seems afraid to go home.
* Wears inappropriate clothing to cover up injuries, such as long-sleeved shirts on hot days.
Warning Signs of Neglect in Children
* Clothes are ill-fitting, filthy, or inappropriate for the weather.
* Hygiene is consistently bad (unbathed, matted and unwashed hair, noticeable body odor).
* Untreated illnesses and physical injuries.
* Is frequently unsupervised or left alone or allowed to play in unsafe situations and environments.
* Is frequently late or missing from school.
Warning Signs of Sexual Abuse in Children
* Trouble walking or sitting.
* Displays knowledge or interest in sexual acts inappropriate to their age, or even seductive behavior.
* Makes strong efforts to avoid a specific person, without an obvious reason.
* Doesn't want to change clothes in front of others or participate in physical activities.
* A sexually transmitted disease (STD) or pregnancy, especially under the age of fourteen.
* Runs away from home.
Under the law, the Mandated Reporter only needs to have a reasonable suspicion that a child has been mistreated; no evidence or proof is required to make a report. The case will be investigated by law enforcement or Child Protective Services.
Filing a Report
If the child is in immediate danger, please call 911.
To make a report, an employee must contact an appropriate local law enforcement or county child welfare agency, listed below. This legal obligation is not satisfied by making a report of the incident to a supervisor or to the school. An appropriate law enforcement agency may be one of the following:
* A Police or Sheriff's Department (not including a school district police department or school security department).
* Burlingame Police Department: 650-777-4100.
* A County Welfare Department/County Child Protective Services.
* San Mateo County Child Protective Services: 650-802-7922 or 800-632-4615
The report should be made immediately over the telephone and should be followed up in writing. The law enforcement agency has special forms for this purpose that they will ask you to complete. If a report cannot be made immediately over the telephone, then an initial report may be made via e-mail or fax. A report may also be filed at the same time with your school district or county office of education (COE). School districts and COEs, however, do not investigate child abuse allegations, nor do they attempt to contact the person suspected of child abuse or neglect.
Rights to Confidentiality and Immunity
Mandated reporters are required to give their names when making a report. However, the reporter's identity is kept confidential. Reports of suspected child abuse are also confidential. Mandated reporters have immunity from state criminal or civil liability for reporting as required. This is true even if the mandated reporter acquired the knowledge, or suspicion of the abuse or neglect, outside their professional capacity or scope of employment. Mandated Reporters are not required to report the incident to their supervisor.
Consequences of Failing to Report
A person who fails to make a required report is guilty of a misdemeanor punishable by up to six months in jail and/or up to a $1,000 fine (California Penal Code Section 11166[c]).
After the Report is Made
The local law enforcement agency is required to investigate all reports. Cases may also be investigated by Child Welfare Services when allegations involve abuse or neglect within families.
Child Protective Services
The Child Protective Services (CPS) is the major organization to intervene in child abuse and neglect cases in California. Existing law provides for services to abused and neglected children and their families. More information can be found at Child Protective Services.
Exhibit BURLINGAME SCHOOL DISTRICT
version: February 11, 2020 Burlingame, California