FFG(LEGAL) - STUDENT WELFARE: CHILD ABUSE AND NEGLECT

Policy and Program to Address Sexual Abuse, Trafficking, and Maltreatment

  1. Methods for increasing staff, student, and parent awareness of issues regarding sexual abuse, trafficking, and other forms of maltreatment of children, including prevention techniques and knowledge of likely warning signs indicating that a child may be a victim;
  2. Actions a child who is a victim of sexual abuse, trafficking, or other maltreatment should take to obtain assistance and intervention; and
  3. Available counseling options for students affected by sexual abuse, trafficking, or other maltreatment.

Definitions

Child Abuse or Neglect

Other Maltreatment

Trafficking of a Child

Duty to Report

Report by Any Person

Report by Any Professional

Abuse of Persons with Disabilities

Adult Victims of Abuse

Restrictions on Reporting

Psychotropic Drugs and Psychological Testing

  1. Presents a substantial risk of death, disfigurement, or bodily injury to the child; or
  2. Has resulted in an observable and material impairment to the growth, development, or functioning of the child.

Contents of Report

  1. The name and address of the child;
  2. The name and address of the person responsible for the care, custody, or welfare of the child; and
  3. Any other pertinent information concerning the alleged or suspected abuse or neglect.

Abuse and Neglect Involving School Personnel and Those Responsible for Care

  1. Any local or state law enforcement agency;
  2. DFPS, Child Protective Services (CPS) Division;
  3. A local office of CPS, where available; or
  4. The state agency that operates, licenses, certifies, or registers the facility in which the alleged abuse or neglect occurred.
  1. A parent, guardian, managing or possessory conservator, or foster parent of the child;
  2. A member of the child's family or household as defined by Family Code Chapter 71;
  3. A person with whom the child's parent cohabits;
  4. School personnel or a volunteer at the child's school;
  5. Personnel or a volunteer at a public or private child-care facility that provides services for the child or at a public or private residential institution or facility where the child resides; or
  6. An employee, volunteer, or other person working under the supervision of a licensed or unlicensed child-care facility, including a family home, residential child-care facility, employer-based day-care facility, or shelter day-care facility, as those terms are defined in Chapter 42, Human Resources Code.

Reporting Abuse, Neglect, or Exploitation in a JJAEP

Confidentiality of Report

Immunity from Liability

Criminal Offenses

Failure to Report

False Report

Coercion

SBEC Disciplinary Action

Note: The following legal provisions address child abuse and neglect investigations generally. See GRA for additional legal provisions addressing notification requirements and right of access to students when DFPS investigates reports of abuse and neglect at school.

Investigations

Reports to District

Interview of Student

Interference with Investigation

Confidentiality

Reporting Policy

  1. Penalties under Penal Code 39.06 (misuse of official information), Family Code 261.109 (failure to report), and 19 Administrative Code Chapter 249 (actions against educator's certificate) for failure to submit a required report of child abuse or neglect;
  2. Applicable prohibitions against interference with an investigation of a report of child abuse or neglect, including:
    1. Family Code 261.302 and 261.303, prohibiting school officials from denying an investigator's request to interview a student at school; and
    2. Family Code 261.302, prohibiting school officials from requiring the presence of a parent or school administrator during an interview by an investigator.
  3. Immunity provisions applicable to a person who reports child abuse or neglect or otherwise assists an investigation in good faith;
  4. Confidentiality provisions relating to a report of suspected child abuse or neglect;
  5. Any disciplinary action that may result from noncompliance with a district's reporting policy; and
  6. The prohibition under Education Code 26.0091 [see Psychotropic Drugs and Psychological Testing, above].
  1. Include the current toll-free number for DFPS;
  2. Provide for cooperation with law enforcement child abuse investigations without the consent of the child's parent, if necessary, including investigations by DFPS; and
  3. Include child abuse anti-victimization programs in elementary and secondary schools consisting of age-appropriate, research-based prevention designed to promote self-protection and prevent sexual abuse and trafficking.

Annual Distribution and Staff Development

Required Poster

  1. The current toll-free DFPS Abuse Hotline telephone number;
  2. Instructions to call 911 for emergencies; and
  3. Directions for accessing the DFPS Texas Abuse Hotline website for more information on reporting abuse, neglect, and exploitation.

Bland ISD

FFG(LEGAL)-P

UPDATE 118

DATE ISSUED: 10/21/2021