Child Abuse, Neglect and Exploitation Prevention

Policy No. 3421  

Students  

Montesano School District No. 66  

Child Abuse, Neglect and Exploitation Prevention  

Child abuse, neglect and exploitation are violations of children's human rights and an obstacle to  their educational development. The board directs that staff will be alert for any evidence of such  abuse, neglect or exploitation. For purposes of this policy, “child abuse, neglect or exploitation”  will mean:  

A. Inflicting physical injury on a child by other than accidental means, causing death,  disfigurement, skin bruising, impairment of physical or emotional health, or loss or  impairment of any bodily function;  

B. Creating a substantial risk of physical harm to a child’s bodily functioning;  C. Committing or allowing to be committed any sexual offense against a child as defined in  the criminal code, or intentionally touching, either directly or through the clothing, the  genitals, anus or breasts of a child for other than hygiene, child care or health care  purposes;  

D. Committing acts which are cruel or inhumane regardless of observable injury. Such acts  may include, but are not limited to, instances of extreme discipline demonstrating a  disregard of a child’s pain or mental suffering;  

E. Assaulting or criminally mistreating a child as defined by the criminal code;  F. Failing to provide food, shelter, clothing, supervision or health care necessary to a child’s  health or safety;  

G. Engaging in actions or omissions resulting in injury to, or creating a substantial risk to the  physical or mental health or development of a child; or  

H. Failing to take reasonable steps to prevent the occurrence of the preceding actions.  

Child abuse can include abuse by another minor and so may be included in incidents of student  misconduct.

When feasible, the district will provide community education programs for prospective parents,  foster parents and adoptive parents on parenting skills and on the problems of child abuse and  methods to avoid child abuse situations. The district will also encourage staff to participate in in service programs that deal with the issues surrounding child abuse.  

The superintendent will develop reporting procedures, including sample indicators of abuse and  neglect, and will disseminate the procedures to all staff. The purpose is to identify and report as  soon as possible to the proper authorities all evidence of child abuse or neglect. Staff will  receive training regarding reporting obligations during their initial orientation and every three  years after initial employment.  

Classified and certified staff are legally responsible for reporting all suspected cases of child  abuse and neglect. A certificated or classified school employee who has knowledge or reasonable  cause to believe that a student has been a victim of physical abuse or sexual misconduct by  another school employee will report such abuse or misconduct to the appropriate school  administrator. The administrator will report to the proper law enforcement agency if he or she  has reasonable cause to believe that the misconduct or abuse has occurred as required under  RCW 26.44.030. Under state law staff are free from liability for reporting instances of abuse or  neglect and professional staff are criminally liable for failure to do so.  

Staff need not verify that a child has in fact been abused or neglected. Any conditions or  information that may reasonably be related to abuse or neglect should be reported. Legal

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Policy No. 3421  

Students  

authorities have the responsibility for investigating each case and taking such action as is  appropriate under the circumstances.  

School staff will not make any student available for an investigative interview, with government  officials, unless the child consents. If the child is under 12 years of age and the request is from  law enforcement officials, the law enforcement official must obtain parental consent, a court  order, a warrant, or stipulate the existence of exigent circumstances.  

Cross References: Board Policy 4310 Relations with the Law Enforcement, Child  Protective Agencies, and the County Health  

Department  

Legal References: RCW 13.34.300 Relevance of failure to cause juvenile to attend  school as evidence to neglect petition  

 26.44.020 Child abuse — Definitions   26.44.030 Reports — Duty and authority to make — Duty  of receiving agency — Duty to notify — Case  

planning and consultation — Penalty for  

unauthorized exchange of information —  

Filing dependency petitions — Investigations  

— Interviews of children — Records — Risk  

assessment process  

 28A.320.160 Alleged sexual misconduct by school employee  — Parental notification — Information on  

public records act  

 28A.400.317 Physical abuse or sexual misconduct by school  employees — Duty to Report — Training  

 28A.620.010 Community education provisions — Purposes   28A.620.020 Community education provisions — Restrictions  Classes on parenting skills and child abuse  

prevention encouraged  

 43.43.830 Background checks — Access to children or  vulnerable persons  

WAC 388-15-009 What is child abuse or neglect?  

AGO 1987, No. 9 Children — Child Abuse — Reporting by School  Officials — Alleged Abuse by Student  

Management Resources:  

Policy News, April 2010 Child Abuse Interviews at Schools  

Policy News, February 2007 Physical Abuse and Sexual Misconduct  Notice Requirements  

Policy News, June 1999 23% of districts out‐of‐compliance on  child abuse policies

School District Name: Montesano  

Revised: 06.99; 02.07; 06.07; 08.07; 08.08; 04.10; 12.11  

Classification: Priority

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