HomeMy WebLinkAbout5210 Reporting Abuse Abandonment or NeglectPERSONNEL
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Bonneville Joint School District No. 93
REPORTING ABUSE, ABANDONMENT, OR NEGLECT
The personal safety and welfare of each child is of paramount concern to the Board of
Trustees, employees, and patrons of Bonneville Joint School District No. 93. It is of
particular importance that employees within the District become knowledgeable and
thoroughly educated as to their legal and ethical responsibilities on observation and
reporting of suspected child abuse, child abandonment, or child neglect.
1. Employee Responsibilities
a. This policy shall be referenced in the employee handbook and should be
reviewed annually at the commencement of each year. It is the
responsibility of staff members to read and become informed of the
contents, requirements, and expectations of Board policies referenced in
the employee handbook.
b. Any District employee having reason to believe that any child under the
age of eighteen (18) has been abused, abandoned or neglected, or who
observed the child being subjected to conditions or circumstances which
had recently resulted in abuse, abandonment or neglect, shall report or
cause to be reported within twenty-four (24) hours such conditions or
circumstances to the proper law enforcement agency or the Department of
Health and Welfare.
i. Employees are encouraged to consult with their school principal or
direct supervisors, and other employees with direct knowledge of
the student’s well being, when determining whether there is
sufficient reason to believe a child has been abused, abandoned, or
neglected.
When making such determinations, individuals responsible for
managing students’ disability plans (i.e. IEPs, 504s) or medical
plans should also participate in the consultation.
c. Any employee who fails to report a reasonable belief of abuse,
abandonment, or neglect, or who prevents another person from doing so,
will be subject to disciplinary action up to and including termination.
i. Employees who fail to report may also be civilly liable for damages
and pursuant to Idaho Code §16-605, may also be guilty of a
misdemeanor.
ii. The Superintendent/designee shall report the employee’s failure to
the appropriate law enforcement agency when the circumstances
warrant such actions.
2. Reporting Immunity
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Bonneville Joint School District No. 93
a. Any person, who has reason to believe that a child has been abused,
abandoned or neglected and, acting upon that belief, makes a report of
abuse, abandonment, or neglect as required, shall have immunity from
any liability, civil or criminal, that might otherwise be incurred or imposed.
b. Any such participant shall have the same immunity in respect to
participation in any judicial proceedings resulting from the report.
c. Any person who reports in bad faith or with malice is not entitled to
immunity from any civil or criminal liability that might otherwise be incurred
or imposed.
DEFINITIONS
The following definitions are quoted from Idaho Code §16-1602. If any discrepancies
exist between Idaho statute and this policy, the language in Idaho statute shall take
precedence.
Abandoned: Failure of a parent/guardian to maintain a normal parental/guardian
relationship with the child, including but not limited to reasonable support or regular
personal contact. Failure to maintain this relationship without just cause for a period of
one (1) year shall constitute prima facie evidence of abandonment.
Abuse: any case in which the child has been the victim of:
● conduct or omission resulting in skin bruising, bleeding, malnutrition, burns, fracture
of any bone, head injury, soft tissue swelling, failure to thrive, or death, and such
condition or death is not justifiably explained, or where the history given concerning
such condition or death is at variance with the degree or type of such condition or
death, or the circumstances indicate that such condition or death may not be the
product of an accidental occurrence;
● sexual conduct including rape, molestation, incest, prostitution, obscene or
pornographic photographing, filming or depicting for commercial purposes, or other
similar forms of sexual exploitation
Neglect: a child who is without proper parental/guardian care, control, subsistence,
education, or medical or other care or control necessary for his/her well -being because
of the conduct or omission of his/her parents, guardian, or other custodian or their
neglect or refusal to provide them.
Adopted 10-12-2005 Reviewed Revised 08-13-2014
11-07-2018
11-08-2023
Cross Reference: Safe and Secure Learning Environment #3555
Relationship Abuse Prevention and Response #3587
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Bonneville Joint School District No. 93
Legal References: Idaho Code § 16-16, et al. Child Protective Act