Madison Metropolitan School District
Board of Education Policies and Procedures

POLICY	WELFARE	4222 Pupils

Reporting Child Abuse or Neglect

1. The legal responsibility of the District for identifying and reporting suspected cases of child abuse or neglect derives from Wisconsin State Statutes, Section 48.981(2). This legislation stipulates the following:
   1. A physician, coroner, medical examiner, nurse, dentist, chiropractor, optometrist, acupuncturist, or any other medical or mental health professional, social worker, marriage and family therapist, professional counselor, or public assistance worker, including a financial and employment planner, school teacher, administrator or counselor, mediator, child care worker in any day care center or child-caring institution, day care provider, or alcohol or other drug abuse counselor, member of the treatment staff, physical therapist, occupational therapist, dietician, speech and language pathologist, audiologist, emergency medical technician, first responder, police or law enforcement officer having reasonable cause to suspect that a child seen in the course of professional duties has been abused or neglected or having reason to believe that a child seen in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect of the child will occur shall report the suspected abuse or neglect and/or threatened abuse or neglect.
   2. Anyone intentionally violating this statute by failing to file a report as required may be fined or imprisoned or both.
   3. Any person or institution participating in good faith in the making of a report, conducting an investigation, ordering or taking of photographs, or ordering or performing medical examinations of a child or expectant mother under this section shall have immunity from any liability, civil or criminal, that results by reason of the action. For the purpose of any proceeding, civil or criminal, the good faith of any person shall be presumed. The immunity provided under this subsection does not apply to liability for abusing or neglecting a child or for abusing an unborn child. No person making a report under the above section may be discharged from employment for doing so.
   4. The local county child welfare organization is the responsible agency for investigating and resolving referred cases.
2. Wis. Stats. 48.02, 48.981 ABUSED OR NEGLECTED CHILDREN. (1) DEFINITIONS. In this section:
   1. "Abuse" means any of the following:
      1. Physical injury inflicted on a child by other than accidental means;
      2. Serious physical harm inflicted on an unborn child and the risk of serious physical harm to the child when born, caused by the habitual lack of self control of the expectant mother of the unborn child in the use of alcohol beverages, controlled substances or controlled substance analogs exhibited to a severe degree;
      3. Sexual intercourse or sexual contact under s. 940.225; 948.02; 948.025
      4. A violation of s. 948.05;
      5. Permitting or requiring a child to violate s. 944.30;
      6. A violation of s. 948.055;
      7. Emotional damage for which the child's parent, guardian or legal custodian has neglected, refused or been unable for reasons other than poverty to obtain the necessary treatment or to take steps to ameliorate the symptoms;
      8. A violation of s. 948.10.
   2. "Child" means any person under 18 years of age.
   3. "County agency" means a county child welfare agency under s. 48.56(1) or a community human services board under s. 46.23.
   4. "Emotional damage" means harm to a child's psychological or intellectual functioning. "Emotional damage" shall be evidenced by one or more of the following characteristics exhibited to a severe degree: anxiety, depression, withdrawal, outward aggressive behavior, or substantial and observable change in behavior, emotional response, or cognition that is not within the normal range for the child's age and stage of development.
   5. "Neglect" means failure, refusal, or inability on the part of a parent, guardian, legal custodian, or other person exercising temporary or permanent control over a child, for reasons other than poverty, to provide necessary care, food, clothing, medical or dental care, or shelter so as to seriously endanger the physical health of the child.
   6. "Physical injury" which includes, but is not limited to, lacerations, fractured bones, burns, internal injuries, severe or frequent bruising, or great bodily harm as defined under s. 939.22(14).
3. Although the county has the ultimate legal responsibility for processing these cases, school personnel through daily contacts represent a community's most easily and regularly available public protector and advocate for vulnerable children. Accordingly, during the entire process of identification, referral, and treatment, it is essential that the involved community resources, the family, and the school function as much as possible as a team.
4. School personnel shall be available to work actively with both the child and the family prior to, during, and following all child abuse or neglect referrals. School social workers will ordinarily be maximally involved. Principals, school nurses, counselors, and psychologists will be encouraged to take an active part in assisting at all levels with the abused or neglected child and the family. The classroom teacher and other school personnel can be expected to make important contributions in individual cases.
5. All school personnel, and especially social workers, shall regularly update their knowledge regarding child abuse and neglect, including the legal requirements of new legislation and treatment processes. Such updating of professional knowledge shall be accomplished through District-sanctioned inservice and other available training opportunities. Therefore, the District shall foster the training of key personnel to maintain a high level of competence for all staff in the special area of child abuse and neglect and their related problems.
6. While the laws of confidentiality apply in all child abuse or neglect cases, they shall not be allowed to interfere with the legal obligation to refer such cases to the appropriate agency. In addition, referral information shall not become a part of the student's school record.
7. The District recognizes and accepts its responsibility toward students regarding the preventive aspects, as well as the identification and treatment aspects, of child abuse or neglect. Therefore, the District endorses curricular offerings to students stressing parenting and coping skills.

PROCEDURE	WELFARE	4222 Pupils

Reporting Child Abuse or Neglect

Any District staff member who either suspects a child has been abused or neglected, or has received a report of suspected abuse or neglect, shall proceed as follows:

1. The staff member has the responsibility to refer a suspected case of child abuse or neglect as soon as possible on the same day the information becomes available.
2. Assistance should be sought from the principal and school social worker prior to making the referral.
3. School social workers will offer assistance with the identification and referral and will communicate with the parent(s) when deemed appropriate. Social workers, per District-endorsed provision, will assist in any area school when the regularly assigned social worker is for any reason unavailable. If a sexual assault is reported to have occurred on school grounds and such report results in a school employee suspecting child abuse, unless otherwise directed by a representative from the appropriate agency, the PRINCIPAL or her/his designee shall contact the parents and/or legal guardian(s) of the students (the victim and her/his assailant) who are the subject of such assault as soon as possible.
4. If any doubt exists as to whether or not to refer, such doubt should be resolved in favor of referral.
5. A school social worker will call the appropriate agency, ask for Service Intake, and provide the specific referral information to the social worker on duty. In the event that a school social worker is not available, the PRINCIPAL or STAFF MEMBER will call the appropriate agency.
6. A written referral must be completed and forwarded to the appropriate agency by the person making the referral before the end of the working day.
7. Notification that a child abuse or neglect referral has been made will be communicated to the designated central office person via telephone within twenty-four hours of the referral to the appropriate agency. This is for statistical purposes only and the name of the student will not be communicated to the central office.
8. The school and the county shall work cooperatively to maintain communication and to provide follow-up services.

8/26/02

Last Updated: Wed Nov 14 08:07:26 2007
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