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Hope ESD  |  BP  5141.4  Students

Child Abuse Prevention And Reporting   

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With concern for the total well-being of each student, the Governing Board directs the employees of the district to report known or suspected incidences of child abuse in accordance with state law and district regulations. District employees shall cooperate with the child protective agencies responsible for reporting, investigating and prosecuting cases of child abuse.

A mandated reporter shall make a report using the procedures provided below whenever, in his/her professional capacity or within the scope of his/her employment, he/she has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. (Penal Code 11166)

Any mandated reporter who has knowledge of or who reasonably suspects that a child is suffering serious emotional damage or is at a substantial risk of suffering serious emotional damage, based on evidence of severe anxiety, depression, withdrawal, or untoward aggressive behavior toward self or others, may make a report to the appropriate agency. (Penal Code 11166.05, 11167)

Any district employee who reasonably believes that he/she has observed the commission of a murder, rape, or lewd or lascivious act by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury against a victim who is a child under age 14 shall notify a peace officer. (Penal Code 152.3, 288)

This policy and regulation apply to all certificated employees of the district and any other employees designated by law as a "child care custodian" or "health practitioner" as defined by state law. (Penal Code 11165.7 and 11165.8)

All employees trained in child abuse identification and reporting shall be given, as a part of that training, written notice of the child abuse reporting requirements and the employees' confidentiality rights. (Penal Code 11165.7)

Legal Reference:

EDUCATION CODE

44690 et seq. Staff development in the detection of child abuse and neglect

48906 Notification when pupil released to peace officer

PENAL CODE

273a Willful cruelty or unjustifiable punishment of child; endangering life or health

11165-11165.12 Definitions relating to child abuse

11166-11170 Reporting known or suspected cases of child abuse

11172 Exemption from civil or criminal liability resulting from required reporting of known or suspected child abuse; failure to report is a misdemeanor

11174.3 Interviewing victim at school

WELFARE AND INSTITUTIONS CODE

600 et seq. Referral by school attendance review board; minors failing to obey court order

15630 et seq. Dependent adult abuse reporting

Policy HOPE SCHOOL DISTRICT

adopted: July 1992 Santa Barbara, California

revised: April 11, 2016