4420 -IDENTIFYING AND REPORTING CHILD ABUSE AND NEGLECT
North Carolina requires reporting of suspected child abuse or neglect: "Any person or institution who has cause to suspect that any juvenile is abused, neglected or dependent or has died as the result of maltreatment, shall report the case of that juvenile to the Director of the Department of Social Services in the county where the juvenile resides or is found."
4420.1 Philosophy The Durham Public Schools Board of Education supports the philosophy that school children be afforded the utmost protection in all suspected cases of child abuse and neglect. To facilitate maximum cooperation in the delivery of protective services to local school children, procedures for handling the reporting, investigation, confidentiality, and follow-up of reports of suspected child abuse or neglect will be adopted.
A neglected juvenile is one who:
A. Does not receive proper care, supervision, or discipline from his/her parent/guardian, custodian, or caretaker;
B. Has been abandoned;
C. Is not provided necessary medical care or other remedial care recognized under state law;
D. Lives in an environment injurious to his/her welfare; or
E. Has been placed for care or adoption in violation of law. A juvenile is abused when his/her parent/guardian or other person responsible for his/her care does any of the following:
A. Inflicts or allows to be inflicted on the juvenile by other than accidental means serious physical injury;
B. Creates or allows to be created by other than accidental means a substantial risk of physical injury;
C. Uses or allows to be used cruel or grossly inappropriate procedures or cruel or grossly inappropriate devices to modify behavior; or
D. Commits or allows the commission of any sexual act on a juvenile in violation of law; or
E. Creates or allows to be created serious emotional damage to the juvenile. Serious emotional damage is evidenced by a juvenile's severe anxiety, depression, withdrawal, or aggressive behavior toward himself/herself or others); or
F. Encourages, directs, or approves of delinquent acts involving moral turpitude committed by the juvenile. 4420.2 Reporting
A. Local school personnel will be apprised of their duty and responsibility regarding child abuse and neglect. They will also be apprised of the capabilities of the Department of Social Services to receive reports of suspected child abuse and neglect on a 24-hours-a-day, 7-days-a-week basis, and where and to whom a report should be made during regular office hours or during nights, holidays, or weekends. In-service training for school personnel will be provided each year as arranged by the Superintendent in collaboration with the Director of the Department of Social Services.
B. The principal will forward immediately any report of suspected child abuse or neglect to the designated central administrative office for information. The obligation of the principal is to ensure that the person suspicious of child abuse and/or neglect report the case to the Department of Social Services. Local school personnel are not authorized or required to conduct an in-depth investigation of the situation.
C. Reports made to the Department of Social Services should, at minimum, contain sufficient information to identify the juvenile; the name and address of the juvenile; the name and address of the juvenile's parent/guardian or caretaker; the age of the juvenile; the present whereabouts of the juvenile if not at the home address; the nature and extent of any injury or condition resulting from abuse or neglect; and any other information which the person making the report believes might be helpful in establishing the need for protective services or court intervention. The report can be made in person, by phone, or in writing. The person making the report shall give his/her name, address, and telephone number, at least at work.
4420.3 Investigation Local school personnel should cooperate fully with the local Department of Social Services child protective services worker in the investigation of any report of suspected child abuse or neglect. Such cooperation will include, but not be limited to, the following:
A. Furnishing the worker all information which could establish child abuse or neglect;
B. Permitting the worker to interview school staff members familiar with the juvenile or the report;
C. Permitting the worker to interview the juvenile without the prior consent of the juvenile's parent(s)/guardian upon assurance by the worker that this is necessary to ensure the safety or well being of the child. The interview with the juvenile should be private, without the presence of local school personnel, unless otherwise determined by the Department of Social Services child protective services worker.
D. Allowing the worker to remove the juvenile from the local school if the worker determines that the juvenile is at immediate or imminent risk. Removal of the juvenile should usually be accomplished pursuant to a court order, unless the urgency of the situation necessitates removal of the juvenile under the provisions of temporary custody. 4420.4 Follow-up
A. If the person providing the report of suspected child abuse or neglect is not satisfied with a decision of no finding of abuse or neglect by the Department of Social Services, the person reporting and principal shall discuss the matter with the Superintendent or designee for decision to request a review by the local district attorney. If the Department of Social Services provides a written statement for feedback, this discussion should take place within four (4) working days of receipt of the written feedback.
B. School personnel should collaborate and cooperate with the Department of Social Services in planning and providing services for a juvenile and the family in the treatment and prevention of abuse or neglect.
C. School personnel should take appropriate precautions in accordance with applicable law and regulation to ensure the confidentiality of all information disclosed, discovered, or maintained as a result of an investigation.
Legal References:
Legal Reference: G.S.110-116-20;
Legal Reference: G.S.115C-400 as provided in
Legal Reference: G.S. 7A-543 to 7A-552
Adopted Effective: March 10, 1993
Revised: June 28, 1995
Revised Effective: July 1, 1999
