Teachers and The Law 7 th Chapter 7 How Should I Deal with Child Abuse and Neglect? Fischer, Schimmel, Stellman PowerPoint Presentation Gerri Spinella Ed.D. Elizabeth McDonald Ed.D. This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public performance or display, including transmission of any image over a network; preparation of any derivative work, including the extraction, in whole or in part, of my images; any rental, lease, or lending of the program.

Copyright © Allyn & Bacon 2007 Chapter 7 How Should I Deal With Child Abuse and Neglect? Essential Question How does an educator deal with the following quotation from National Child Abuse Prevention and Treatment Act (1974) in today’s educational arena? “Physical or mental injury, sexual abuse or exploitation, negligent treatment, or maltreatment of a child under the age of eighteen or the age specified by the child protection law of the state in question, by a person who is responsible for the child’s welfare, under circumstances which indicate that the child’s health or welfare is harmed or threatened thereby.” (95)

Copyright © Allyn & Bacon 2007 Key Concepts Chapter 1-Teachers and the Legal System Child Abuse and Neglect Key Concept –Chapter 7 How Should I Deal With Child Abuse and Neglect? Essential Question Reporting Child Abuse and Neglect Symptoms of Abuse and Neglect State Reporting Requirements

Copyright © Allyn & Bacon 2007 How Should I Deal with Child Abuse and Neglect? KEY CONCEPT- Chapter 7 “...it has been estimated that in the United States each year, close to one and a half million cases of suspected child abuse and neglect are reported to child welfare agencies...and almost 900,000 children were found to be victims of abuse.” Teachers and The Law, p. 94

Copyright © Allyn & Bacon 2007 Child Abuse (94) Preponderance of evidence (100) Credible evidence (100) KEY TERM- Chapter 7

Copyright © Allyn & Bacon 2007 Physical and Behavioral Indicators (Table 7.1) –Physical Abuse –Physical Neglect –Sexual Abuse –Emotional Maltreatment Symptoms of Abuse and Neglect Child Abuse and Neglect

Copyright © Allyn & Bacon 2007 Case Presentation Cavarretta v. v. Department of Children and Family Services

Copyright © Allyn & Bacon 2007 All states require educators to report child abuse and neglect. Educators should check with state agencies regarding current laws –Some states do not require reporting emotional or mental injury (Georgia, Indiana, Iowa, Maryland, Minnesota, Oregon and Wisconsin). -All should report an abuse if there is reason to believe and reasonable cause to believe or suspect. A mandated reporter is protected from lawsuits. State Reporting Requirements

Copyright © Allyn & Bacon 2007 Legal Implications for Educators Mandated reporters are criminally liable for failure to report a suspected case of child abuse and neglect. States have enacted laws that impose civil liability for failure to report. Currently, there are no reported cases imposing civil liability on teachers or counselors. There has been discipline for failure to report promptly.

Copyright © Allyn & Bacon 2007 State statutes outline procedures –Require an oral report –Within a reasonable period of time (24-72 hours) –Detailed written report Name and address of child Nature/extent of injury or condition observed Reporter’s name and address Reporting Child Abuse and Neglect

Copyright © Allyn & Bacon California first state to require reporting of child abuse 1964 – 20 states followed suit 1974 National Child Abuse Prevention & Treatment Act 1988 Child Abuse Prevention, Adoption and Family Services Act 1977 U.S. Department of Health, Education and Welfare Child Abuse and Neglect

Copyright © Allyn & Bacon 2007 Analysis of Cavarretta v. Department of Children and Family Services Analysis of Cavarretta v. Department of Children and Family Services

Copyright © Allyn & Bacon 2007 Initial Proceedings Complaint Facts of claim by plaintiff seeks Defendant Answers (30 days) or motion to dismiss Discovery Begins Step by Step In The Court System OUTCOME EDUCATIONAL IMPLICATION Interrogatories Depositions Document Requests Settlement Conference

Copyright © Allyn & Bacon 2007 Chapter 7 How Should I Deal With Child Abuse and Neglect As a mandated reporter, in what ways do you provide a comprehensive service to protect all children from child abuse or neglect?