Procedures for Reporting Child Abuse SOP MANUAL TAB 5 Wood County Schools

Procedures for reporting Child Abuse Personnel who have cause to suspect a child is neglected or abused must report incident to Department of Health and Human Services at 420-2560 A case worker will take the call and specific incidents must be provided. At this point the school is no longer involved in the investigation. The Human Rights Officer is to be made aware of the reported case of child abuse – date, time, and name of student/teacher.

Procedures for reporting Child Abuse The report must be made within 48 hours of the incident. A written report is to be filed within 48 hours, if requested. §49-6A-6 states that any person acting in good faith in any act permitted or required by this article shall be immune from any civil or criminal liability that might result by reason of such actions.

Procedures for reporting Child Abuse The supervisor in charge must be notified immediately. The supervisor can make the report or the individual can report on their own behalf. §49-6A-2 states that any person required to report under this article shall immediately notify the person in charge of such institution who shall report or cause a report to be made. This does not prevent the individual from report on their own behalf. In any case where the reporter believes that the child has been physically or sexually abused or sexually assaulted, the reporter shall also immediately report, or cause a report to be made to the department of public safety, and any law enforcement agency having jurisdiction to investigate the complaint. (the State Department of Human Services is Child Protective Services which is located in the Department of Health and Human Resources. The department of public safety is the West Virginia State Police.) Notify the school counselor of the report, on a need to know basis. All student information is confidential.

Procedures for reporting Child Abuse Failure to report is a misdemeanor. Can be confined to jail not more than ten days or fined or both. §49-6A-2 states that any person failing to report shall be guilty of a misdemeanor and shall be confined in the county jail not more than ten days or fined not more than one hundred dollars, or both…

Procedures for reporting Child Abuse Physical – Student to student; adult to student (within school) Sexual – Student to student; adult to student (within school) Other: School involvement Physical – Student to student – If physical violence occurs between students that results in injuries, such as bleeding or broken bones, take appropriate administrative action and report the incident to the local law enforcement agency. Notify supervisor. If law enforcement agency called, notify Human Rights Officer. -Adult to student – Report the incident to the Department of Health and Human Resources. The school investigation is to be limited to names and reported circumstances of those involved and names of witnesses. Notify supervisor, Supt. and Human Rights Officer immediately. Do not investigate once referral to DHHR has been made. Sexual Abuse ( If in doubt, report to DHHR and also report to Human Rights Officer.) -Student to student – can be investigated at the school level and appropriate action taken. If incident appears to be more than school can handle through investigation, call DHHR. -Adult to student – Report the incident to DHHR. The school investigation is to be limited to names and reported circumstances of those involved and names of witnesses. No other investigation is to take place. Assistance to DHHR is to be provided when asked, such as interview with students, confidential area to hold interviews. Other – All cases of suspected child abuse/neglect are to be reported to DHHR. The school investigation is limited to names and reported circumstances of those involved and names of withnesses.

Procedures for reporting Child Abuse Incident Report – Follow-up DHHR provides Prosecutor’s Office with a report Prosecutor communicates necessary information to Supt. DHHR report to Prosecutor’s Office is based on investigation. Information such as the incident requires an employee or student be removed from further contact with alleged victim.

Procedures for reporting Child Abuse ALL REFERRALS TO DHHR OR LAW ENFORCEMENT ARE TO BE REPORTED TO THE HUMAN RIGHTS OFFICER AS SOON AS POSSIBLE AFTER REFERRAL

Procedures for reporting Child Abuse DEFINITION OF TERMS Abused Child Sexual abuse Sexual contact Sexual intercourse Sexual intrusion §49-1-3. Definitions relating to abuse and neglect. (a) "Abused child" means a child whose health or welfare is harmed or threatened by: A parent, guardian or custodian who knowingly or intentionally inflicts, attempts to inflict or knowingly allows another person to inflict, physical injury or mental or emotional injury, upon the child or another child in the home; Sexual abuse or sexual exploitation; or The sale or attempted sale of a child by a parent, guardian or custodian in violation of section sixteen, article four, chapter forty-eight of this code. In addition to its broader meaning, physical injury may include an injury to the child as a result of excessive corporal punishment.  (j) "Sexual abuse" means: (A) As to a child who is less than sixteen years of age, any of the following acts which a parent, guardian or custodian shall engage in, attempt to engage in, or knowingly procure another person to engage in, with such child, notwithstanding the fact that the child may have willingly participated in such conduct or the fact that the child may have suffered no apparent physical injury or mental or emotional injury as a result of such conduct:       (i) Sexual intercourse;       (ii) Sexual intrusion; or       (iii) Sexual contact §61-8B-1. Definition of terms.       In this article, unless a different meaning plainly is required:       For the purposes of this definition "resistance" includes physical resistance or any clear communication of the victim's lack of consent.       (6) "Sexual contact" means any intentional touching, either directly or through clothing, of the anus or any part of the sex organs of another person, or the breasts of a female or intentional touching of any part of another person's body by the actor's sex organs, where the victim is not married to the actor and the touching is done for the purpose of gratifying the sexual desire of either party.       (7) "Sexual intercourse" means any act between persons involving penetration, however slight, of the female sex organ by the male sex organ or involving contact between the sex organs of one person and the mouth or anus of another person.       (8) "Sexual intrusion" means any act between persons involving penetration, however slight, of the female sex organ or of the anus of any person by an object for the purpose of degrading or humiliating the person so penetrated or for gratifying the sexual desire of either party.

Procedures for reporting Child Abuse Report to DHHR adult to student Investigate student to student Notify Human Rights Officer of referral to DHHR Cooperate with DHHR 4, DHHR communicates with Prosecutors Office who then communicates with SUPT. School may not get results of investigation for up to 20 days or longer.