TPE #12: Professional, Legal, and Ethical Obligations

Teachers take responsibility for student academic learning outcomes. They are aware of their

personal biases and values and resist acts of racism and intolerance. Candidates meets and maintains

state and federal laws and procedures pertaining to the education of English learners, gifted students,

and individuals with disabilities. Candidates can identify suspected cases of child abuse, neglect, or

sexual harassment and maintain a non-hostile environment. If cases are suspected, then the teacher

carries out the obligation to report such cases and also honor the privacy, health, and safety of students,

families, and other school professionals.

Abstract:

The articles attached are various sources that describe my responsibility as an educator to report

abuse, the website to obtain the forms to report abuse, and a sample policy notice from the Orange

County School District depicting the School Districts policy in regards to California State Law.

Rationale:

The information attached shows that I am aware of the expectations of teachers in reporting

suspected cases of abuse, not investigating them, and that I know how to file these suspicions with the

state. There is also a sample district notification form that shows that I will be aware of the district's

individual standing and procedures they may have.

Children's Voice Article, November 2001

When Should Teachers Report Abuse?

A child abuse investigator offers tips for educators

by Nancy Duncan

An ordinary school day begins, overcast and cloudy. The classroom is filled to capacity and noisy with
children eager to begin another day's school project. The little girl in the front row with long dark hair
and big blue eyes arrives dirty and says she is hungry because her mother doesn't have any food. The
teacher observes a fading bruise beneath the girl's eye. Over several months, the teacher has noticed the
girl's bruised legs, and arms with healing sores.

The child has been referred to the school nurse because of chronic lice, dental neglect, and poor
hygiene. School staff, particularly her teacher, are frustrated and suspect something is wrong at home.
Calls to home generally elicit angry outbursts-Mom has made it clear she doesn't appreciate the school
intruding on her family and tells the teacher as much. The teacher decides it's time to contact child
protective services (CPS) and file a report of suspected child abuse.

Sound familiar?

According to the U.S. Children's Bureau, "More than half (approximately 53%) of all reports alleging
maltreatment came from professionals, including educators, law enforcement and justice officials,
medical and mental health professionals, social service professionals, and child care providers."(1)

David Finkelhor, Director of the Crimes Against Children Research Center and Codirector of the
Family Research Laboratory at the University of New Hampshire says, "The key problem is educators
are confused about what child protection does and whether it does any good." Finkelhor, who has been
studying child victimization, child maltreatment, and family violence since 1977, adds, "There is the
other problem that schools may not support the reporting process."
What Is a Teacher Expected to Report?
Teachers are in a unique position to observe and report suspected allegations of child abuse and
neglect, but it's a precarious position for educators-especially neophytes struggling to comprehend
various community systems and the vast arena of child abuse reporting laws.

Educators should be guided by their school's internal administrative policies for reporting abuse.
Sometimes, however, these polices can be confusing. Some schools, for example, encourage educators
to report suspected abuse internally before contacting CPS. Nevertheless, state and federal laws
mandate educators to report suspected child maltreatment-allowing school administrators to determine
if a teacher's suspicions should be reported is unlawful. Because educators are not trained investigators,
it is especially important for them to report suspected maltreatment and not assume the responsibility of
determining whether a child has been abused.

The teacher's first concern lies in what is reportable and defining what constitutes abuse. The response,
of course, is any reasonable suspicion that child abuse or neglect has occurred-but then, what
constitutes "reasonable"? Since teachers form intimate bonds with children and families, their doubts
are understandable. Identifying signs of child abuse can be confusing and awkward for educators and
school staff. Suspicious signs of abuse generally are just that-suspicious-leaving teachers in a double
bind of uncertainty.

Once an investigation begins, teachers express fear that the child will be subject to further abuse and
severely punished for confiding the truth. A teacher for 33 years in California, "Loraine," says, "What
happens to a child once they return home [or they] are not removed? Teachers worry about the results
of CPS intervention." Like many teachers, Loraine, admits her first rule is do no harm. "If it looks like
CPS won't do anything, a teacher may not report. It happens."

Though state laws vary, teachers need to remember that reports of child abuse are strictly confidential
to protect mandated reporters. Investigators can be jailed and fined for violating confidentiality laws.
Professionals from a variety of fields are mandated to report suspected abuse. Who must report?
Nurses, doctors, dentists, mental health professionals, social workers, teachers, photo lab developers,
day care workers, foster parents, and law enforcement, to name a few. Some states require anyone who
suspects child abuse to report.
What Is Child Abuse?
Child abuse occurs among all socioeconomic family environments and cultures. Drug and alcohol
abuse are common ingredients. Domestic violence is another leading indicator of potential child abuse.

The federal Child Abuse Prevention and Treatment Act (CAPTA) provides a foundation for states by
identifying a minimum set of acts or behaviors that characterize maltreatment. CAPTA also defines
what acts are considered physical abuse, neglect, and sexual abuse. Individual states determine and
define what warrants further investigation. Civil laws, or statutes, describe the circumstances and
conditions that obligate mandated reporters to report known or suspected cases of abuse, with each
state providing definitions.(2)

Physical abuse is an intentional injury to a child by the caretaker.(3) It may include but is not limited to
burning, beating, kicking, and punching. It is usually the easiest to identify because it often leaves
bruises, burns, broken bones, or unexplained injuries. By definition, physical abuse is not accidental,
but neither is it necessarily the caretaker's intent to injure the child.

Although physical abuse may result from over discipline, or from punishment inappropriate to the
child's age, corporal punishment, or spanking, is not against the law, even though many studies have
demonstrated spanking is not a healthy from of discipline. Spanking, however, can be abusive and lead
to injuries that should be reported.

Three-year old Anastasia could not sit still in her chair during snack time. The little girl with long
blond curls complained her bottom hurt. After some discussion with the child, the teacher learned
Anastasia had been spanked the night before because she wet her pants. The teacher lifted Anastasia's
shirt. Three small visible bruises traced the outline of the girl's underwear.

Should the teacher report? Given the child's statement and age, this is a reportable suspected case of
abuse. Although young children are often prone to bruising because of their level of activity,
questionable bruising should always be reported.

Neglect is the most common type of reported and substantiated maltreatment. According to the
National Child Abuse and Neglect Data System, of the estimated 826,000 victims of child abuse and
neglect in 1999, 58.4%-more than 482,000 children-suffered from neglect; 21.3% were physically
abused, and 11.3% were victims of sexual abuse.(4)
Whereas physical abuse tends to be episodic, neglect is more often chronic and involves inattention to a
child's basic needs, such as food, clothing, shelter, medical care, and supervision.

When considering the possibility of neglect, educators should look for consistencies and ask
themselves such questions as:
Does the child steal or hoard food consistently?

Does the child consistently demonstrate disorganized thinking or unattended needs?

Would observing the family in the context of the community provide any answers?

Is this culturally acceptable child rearing, a different lifestyle, or true neglect?

A second grade teacher overhears a student say he hates going home because it is scary. When the
teacher asks why, the child says the electricity has been turned off and his mom doesn't get home from
work until dinnertime.

Is this a case to report? With a little probing, yes. If a young child is left home alone, the child is at risk
for any number of problems, from a stranger coming to the door to a house fire or the child becoming
injured.

Educational neglect. CPS receives many calls about parents not sending their children to school. CPS
can look into such reports, because they may signal a larger case of neglect, but most communities have
other resources to handle ongoing truancy.

Emotional abuse can be defined as verbal, psychological, or mental abuse in which the damage
inflicted leaves lasting scars. It can include blaming, belittling, or rejecting a child; constantly treating
siblings unequally; and a persistent lack of concern by the caretaker for the child's welfare.

Studies suggest many children are victims of unreported emotional abuse. Unlike neglect, where
evidence may be obvious, emotional abuse is hard to diagnose and often more difficult to prove in
court due to the complexities of what characterizes it.

A child who is exposed to domestic violence-perhaps witnessing a parent or sibling being physically
abused-can also be a victim of emotional abuse. Research indicates children exposed to and witnessing
domestic violence suffer long-term emotional damage. Investigating the destructive consequences of
psychological abuse on partners and children, University of Georgia researcher Ileana Arias has
concluded that psychological abuse harms future parenting ability and children's emotional well-
being.(5)

Sixteen-year-old Jeff bragged to friends he was homeless. Jeff's teacher questioned him. He had a
trusting relationship with her and admitted his alcoholic mother had kicked him out of the house. He
confessed that his mom was verbally abusive and often, during drunken stupors, hit him with objects.
He assured his teacher he was safe and staying with friends. He didn't want intervention and was glad
to be away from his mother's chronic alcoholism and verbal abuse.

Was Jeff really homeless? Not really. Should the teacher report? Only after further investigation to
clarify the numerous dynamics often involved in parent-teen relationships. The parent-teen relationship
is fraught with pitfalls that are difficult for teachers and child abuse investigators to unravel. Does Jeff
have any visible bruising or injuries? If so, then the teacher should report. Will mom allow him to
return home? Is another family-friends, neighbors, or relatives-available to help Jeff and his mom? If
not, then the teacher should report this as a case of suspected neglect.

Sexual abuse. According to CAPTA, sexual abuse is the "employment, use, persuasion, inducement,
enticement, or coercion of any child to engage in, or assist any other person to engage in, any sexually
explicit conduct or simulation of such conduct for the purpose of producing a visual depiction of such
conduct."(6)

Sexual abuse includes any interactions between a child and adult caretaker in which the child is used
for the sexual stimulation of the perpetrator or another person. Sexual abuse may also be committed by
a person under the age of 18 when that person is either significantly older than the victim or when the
perpetrator is in a position of power or control over the child.

Over several weeks, the teacher noticed 12-year-old April began to withdraw into a world of silence
and unprovoked angry outbursts. Her grades plummeted to near failing, and she often didn't come to
school or participate in activities she normally enjoyed. April began to dress provocatively and was
often overheard talking about sexual matters with students. Eventually, after much encouraging, the
teacher was able to talk to April, who confided her stepfather was molesting her. The teacher contacted
CPS immediately and informed April of the call.
Just the Facts
Reporting child abuse involves a complex array of dynamics. Individual subjectivity, personal
perceptions, education, training, and life experiences affect everyone involved in the reporting and
investigation process. To maintain objectivity, getting as many facts as possible is essential.

Before calling, the reporter should have all the important information, including the child's name, date
of birth, address, and telephone number; details of the suspected abuse; and information about the
perpetrator. Are there bruises or marks? Is the child at risk if he returns home? Callers should be clear
about what they are reporting. Vague statements of concern limit the screener's ability when
determining whether to assign a case for investigation.

"Educators need enough information to answer basic questions that will be asked if they call CPS,"
says Connie Burrows Horton, Associate Professor of Psychology at Illinois State University and
coauthor of Child Abuse and Neglect, The School's Response. "For example, CPS will want to know
such information as what the educator suspects happened. When a teacher calls a CPS hotline and
reports vaguely, 'I'm just really concerned about this child; she is not acting like herself lately, and I did
notice some bruises,' CPS typically will not pursue such a report."

CPS will assess all reports with concrete information for possible investigation. Some calls are
screened out if callers can't provide addresses or family or children's names, or if details about the
suspected abuse aren't clear. Screeners, supervisors, and investigative social workers make every effort
to unravel callers concerns. Some calls may be referred to other agencies. Perhaps a community nurse
or parenting classes could benefit this family. CPS can provide information and assistance to families
and refer them to appropriate agencies better suited to meeting their needs.

Horton also stresses educators should remember they are not investigators. Educators are not trained to
look for subtle clues, statements, and signs of suspected abuse, such as determining the age of a bruise
or how it occurred, the right questions to ask, and appropriate nonaccusatory interviewing skills
regarding sexual molestation and abuse. The educator's role is to ask nonleading general questions that
will provide enough information to CPS to determine if an investigation is warranted.

When talking to children about suspected abuse, it's imperative not to ask leading questions or insert
information. A case can easily become tainted if anyone involved asks leading questions or fills in
statements for a child. The incident must be conveyed in the child's own words. Investigators,
attorneys, social workers, psychologists, police detectives, and judges will scrutinize statements for
information that could appear tainted if a case goes to court.

A recent study published by the American Psychological Association examined how misleading
suggestions from parents influenced children's eyewitness reports.(7) Psychologist and coauthor of the
study, Debra Ann Poole, says even children as old as 7 or 8 will repeat misinformation. "Apparently,"
she says, "general instructions to report only what 'really happened' does not always prompt children to
make the distinction between events they actually experienced versus events they only heard described
by a significant adult."
What to Expect When You Report
Mandated reporters often want to know the result of an investigation. Some state and local child
welfare agencies will inform mandated reporters of the outcome of a report. In most states, CPS does
send a letter to mandated reporters, and may contact them. A family's right to privacy, however,
supercedes mandated reporters being privy to confidential investigations-thus the reporter may not be
informed of the investigation's findings and may never learn what results from his or her report.

Once a referral is assigned for investigation, CPS will interview the child in a neutral setting, such as
the school. If the child is old enough to understand, school personnel should inform her a report will be
made to CPS. The child may find it helpful if school personnel explain the reporting process, that the
child is not in trouble, the need to ensure her safety, and the teacher's duty to report suspected abuse.
What educators decide to convey to parents should be discussed with the investigator and school
personnel.

Once the child is interviewed, CPS will contact the family and others who may have additional
information about the investigation. CPS is sensitive to the mandated reporter's role and connection to
the child. Remember, all reports are kept confidential.

Mandated reporters should understand, however, that federal law requires social service agencies to
make reasonable efforts to keep children safe within their families of origin. If the CPS agency
determines the child can remain in his home safely while the family receives services, a report of
suspected abuse or neglect may not result in a child being removed from the home.

The most important thing educators can do is contact their local child welfare agencies to learn more
about state reporting laws and training opportunities for mandated reporters. Knowing when and what
to report could save a child from abuse and neglect.

Nancy Duncan, MSW, is a California child abuse investigator who writes about health and psychology.
The editor is grateful for the contributions of CWLA Child Protection Program Manager Caren Kaplan
to this article.
References

1. Children's Bureau, Administration for Children and Families (ACF), U.S. Department of
Health and Human Services (HHS). (2001). The Scope and Problem of Child Maltreatment.
Washington, DC: Author. Available online at
 www.acf.dhhs.gov/programs/cb/publications/ncanprob.htm.

2. National Clearinghouse on Child Abuse and Neglect Information. (2001). What Is Child
Maltreatment? Washington, DC: Children's Bureau, ACF, HHS. Available online at
http://nccanch.acf.hhs.gov/pubs/index.cfm.

3. Much of the descriptions of the various forms of abuse come from Cynthia Crosson Tower.
(1992). The Role of Educators in the Prevention and Treatment of Child Abuse and Neglect.
Washington, DC: U.S. Department of Health and Human Services, Administration for
Children and Families, National Center on Child Abuse and Neglect. HHS Publication No.
(ACF) 92-30172. Available online at http://nccanch.acf.hhs.gov/pubs/index.cfm.

4. U.S. Department of Health and Human Services, Administration for Children and Families,
Administration on Children, Youth, and Families, Children's Bureau. (2001). Child
Maltreatment 1999: Reports from the States to the National Child Abuse and Neglect Data
System. Washington, DC: Government Printing Office. Available online in both HTML and
PDF at www.calib.com/nccanch/stats/index.cfm#NIS-3.

5. Judy Purdy. (1998). "Researcher documents psychological casualties of abuse." Athens:

University of Georgia. Press release available online at
www.newswise.com/articles/1998/5/ABUSE.UGA.html.

6. National Clearinghouse on Child Abuse and Neglect Information. (2001). What Is Child
Maltreatment? Washington, DC: Children's Bureau, ACF, HHS. Available online at
http://nccanch.acf.hhs.gov/pubs/index.cfm.

7. Debra Ann Poole and D. Stephen Lindsay. (March 2001). "Children's Eyewitness Reports
After Exposure to Misinformation From Parents." Journal of Experimental Psychology:
Applied, 7 (1), 27-50. Available online at www.apa.org/journals/xap/xap7127.html.

http://www.cwla.org/articles/cv0111teachers.htm

site to find form to report child abuse in CA

http://ag.ca.gov/childabuse/pdf/8583guide.pdf

Orange Unified School District

Prepared by the Office of Child Welfare and Attendance (714) 628-4060

Child Abuse – Parent Information Sheet

Under California State law, educators, are mandated to report suspected child abuse.
Knowledge or reasonable suspicion of child abuse is not privileged information, and must be
reported.

Keep in mind that it is not the responsibility of staff members to confirm or deny
whether or not they were the party who reported a child abuse. Child abuse reporting is
a confidential matter. Staff members are encouraged to neither confirm nor deny when an
inquiry is made by anyone outside of law enforcement or child protective services. Please
understand that our staff members have a serious responsibility to report. Once a report is
submitted, whether by a staff member or by someone else outside of the school arena, all
questions should be submitted to CPS.

The following information will explain the existing provision pertaining to child abuse and the
directions given to our staff members:

What Are the Educator’s Responsibilities? School teachers, nurses, counselors

principals, supervisors of child welfare and attendance, and other designated school
personnel who are mandated to report known or suspected child abuse cases, play a critical
role in the early detection of child abuse and neglect. Symptoms or signs of abuse and
neglect are often first seen by school personnel. Because immediate investigation by child
protective agencies may save a child from repeated abuse, school personnel should not
hesitate to report suspicious injuries or behavior. Their duty is to report, not investigate.

What Does the Child Abuse and Neglect Reporting Law Require? The Child Abuse Law
(Pen. Code § 11166) requires: … any child care custodian, health practitioner, employee of a
child protective agency, child visitation monitor, firefighter, animal control officer or humane
society officer who has knowledge of or observes a child, in his or her professional capacity
or within the scope of his or her employment, whom he or she knows or reasonably suspects
has been the victim of child abuse, shall report the known or suspected instance of child
abuse to a child protective agency immediately or as soon as practically possible by
telephone and send a written report thereof within 36 hours of receiving the information
concerning the incident... For the purpose of this article, “reasonable suspicion” means that it
is objectively reasonable for a person to entertain a suspicion, based upon facts that could
cause a reasonable person in a like position, drawing when appropriate on his or her training
and experience, to suspect child abuse. Child care custodian includes teacher; an
instructional aide; a teacher’s aide or a teacher’s assistant employed by any public or
private school, who has been trained in the duties imposed by this article, if the school
district has so warranted to the State Department of Education…(Pen. Code, § 11166.5,
subd. (a).)
Definitions of Reportable Offenses: (1) Sexual Assault: Sexual assault includes: rape,
gang rape (or rape in concert), incest, sodomy, lewd or lascivious acts with a child under 14
years of age, oral copulation, penetration of a genital or anal opening by a foreign object, and
child molestation. In 1998, the definition of sexual assault for the purposes of the Child
Abuse and Neglect Reporting Act was expanded to include Penal Code section 261.5 (d), i.e.
statutory rape when the offender is over 21 and the victim is under 16, and Penal Code
section 288 © (1), i.e. , lewd and lascivious acts upon a 14 or 15 year old when the offender
is at least 10 years older. (2) Sexual Exploitation: Sexual exploitation includes conduct or
activities related to pornography depicting minors and promoting prostitution by minors. (3)
Physical Abuse: “Child abuse means a physical injury which is inflicted by other than
accidental means on a child by another person.” (Penal Code, § 11165.6) (4) Physical
Neglect: Neglect is the negligent treatment or maltreatment of a child by a parent or
caretaker under circumstances indicating harm or threatened harm to the child’s health or
welfare. It includes acts and omissions on the part of the responsible person. California law
defines two categories of neglect, severe neglect and general neglect. Severe neglect means
the negligent failure of a parent or caretaker to protect the child from severe malnutrition or a
medically diagnosed non-organic failure to thrive. General neglect means the negligent
failure of a parent or caretaker to provide adequate food, clothing, shelter, medical care or
supervision where no physical injury to the child has occurred. (5) Emotional Abuse:
Mandated reporters may report suspected emotional abuse. However, suspected cases of
severe emotional abuse that would constitute willful cruelty or unjustifiable punishment of a
child must be reported.

The mandated reporter must report the known or suspected incidence of child abuse to a
child protective agency immediately or as soon as practically possible by telephone or by fax
machine. This is an important process for parents and children. It is not unusual for families
to have several concerns. Should you have any questions, please contact the Office of Child
Welfare and Attendance at 628-4060 or you may wish to contact “Child Abuse Registry”
directly at (714) 940-1000.
http://www.orangeusd.k12.ca.us/cwa/ChldAbsP.htm