Teachers and the Law, 8 th Edition © 2011 Pearson Education, Inc. All rights reserved. Teachers and the Law, 8e by David Schimmel, Leslie R. Stellman, and Louis Fischer PowerPoint Presentation by Gerri Spinella, Ed. D

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Chapter 7 How Should I Deal with Child Abuse and Neglect?

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Chapter 7 How Should I Deal With Child Abuse and Neglect? Essential Question How does an educator, counselor, therapists 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.” (Teachers and the Law) Describe their obligations and liabilities involved in the reporting.

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved 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 Requireme nts

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved How Should I Deal with Child Abuse and Neglect? KEY CONCEPT- Chapter 7 “...it has been estimated that in the United States each year, an estimated 3.2 million referrals, involving the alleged maltreatment of approximately 5.8 million children were referred... 25% led to findings that a child was the victim of abuse...” (Teachers and The Law)

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Child Abuse Preponderance of evidence Credible evidence KEY TERM- Chapter 7

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Physical and Behavioral Indicators (Table 7.1) Physical Abuse Physical Neglect Sexual Abuse Emotional Maltreatment Symptom s of Abuse and Neglect Child Abuse and Neglect

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Case Presentation Cavarretta v. v. Department of Children and Family Services

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved All states require educators to report child abuse and neglect. All States include sexual abuse and exploitation in their definition of child abuse. Check with for updates on state laws. A mandated reporter is protected from lawsuits. State Reporting Requirements

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved 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.

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved 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

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved California first state to require reporting of child abuse 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

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Analysis of Landeros v. Flood Analysis of Landeros v. Flood

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved 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 InterrogatoriesDepositions Document Requests Settlement Conference

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Chapter 7 How Should I Deal With Child Abuse and Neglect As a mandated reporter, in what ways do you protect all children from child abuse or neglect?