CHAPTER 3.00 - SCHOOL ADMINISTRATION

3.27 Child Abuse

(1) The Board will work together with the Florida Department of Children and  Families, Department of Law Enforcement and any other appropriate agency in  developing ways to inform and instruct school district personnel in the detection  of child abuse and neglect and in the proper action that should be taken in a  suspected case of child abuse or neglect. 

(2) Definitions of Child Abuse, Abandonment or Neglect 

(a) Abuse means any willful or threatened act that results in any physical,  mental or sexual injury or harm that causes, or is likely to cause the child’s  physical, mental or emotional health to be significantly impaired. Abuse of a  child includes acts or omissions. Corporal discipline of a child by a parent or  legal custodian for disciplinary purposes does not in itself constitute abuse  when it does not result in harm to the child. 

(b) Abandonment means a situation in which the parent or legal custodian of a  child, or in absence of the parent or legal custodian, the caregiver responsible  for the child’s welfare, while being able, makes no provision for the child’s  support and makes no effort to communicate with the child, which situation is  sufficient to evince a willful rejection of parental obligations. 

(c) Neglect occurs when a child is deprived of or is allowed to be deprived of,  necessary food, clothing, shelter or medical treatment or a child is permitted  to live in an environment when such deprivation or environment causes the  child’s physical, mental, or emotional health to be significantly impaired. The  foregoing circumstances shall not be considered neglect if caused primarily  by financial inability, unless actual services for relief have been offered and  rejected. A parent or legal custodian legitimately practicing in accordance  with a recognized church or religious organization who thereby does not  provide specific medical treatment for a child shall not, for that reason alone,  be considered a negligent parent or legal guardian. 

(3) Prohibition Against Child Abuse, Abandonment or Neglect 

The School Board strongly prohibits any action or omission constituting child  abuse, neglect, or abandonment by any of its employees, agents, volunteers, or  by other persons affiliated in any way with the School District. Further, all  employees, agents, and volunteers of the School District must comply with  Florida law requiring reporting of child abuse, neglect, or abandonment.

(4) Notification of Responsibility 

A notice providing the following information shall be posted in a prominent place  in a clearly visible location in a public area of each school: 

(a) All employees of the District have the responsibility to report all actual and  suspected cases of child abuse, abandonment or neglect; immunity from  liability if they report such cases in good faith; and the responsibility to comply  with child protective investigations and all other provisions of law related to  child abuse, abandonment or neglect. 

(b) Statewide toll-free telephone number for the central abuse hotline. 

(c) Instructions for calling 911 for emergencies. 

(d) Directions for accessing the Department of Children and Families website for  additional information on reporting abuse, neglect, and exploitation. 

(e) The information must be in English and Spanish, in large print, on an 11” by  17” sheet and posted at student eye level. 

(5) Requirements for Reporting Child Abuse, Abandonment or Neglect 

(a) Florida Statute requires that any person including, but not limited to, any 

1. Physician, osteopathic physician, medical examiner, chiropractic  physician, nurse, or hospital personnel engaged in the admission,  examination, care or treatment of persons; 

2. Health or mental health professional other than one listed in 1.; 

3. Practitioner who relies solely on spiritual means for healing; 

4. School teacher or other school official or personnel; 

5. Social worker, day care center worker, or other professional child care,  foster care, residential, or institutional worker; or

6. Law enforcement officer or judge who knows, or has reasonable cause to  suspect, that a child is abused, abandoned, or neglected by a parent,  legal custodian, caregiver, or other person responsible for the child’s  welfare, shall report such knowledge or suspicion to the Department of  Children and Family Services. 

(b) Each report of known or suspected child abuse, abandonment, or neglect  shall be made immediately to the Department of Children and Family  Service’s abuse hotline, on the single statewide toll-free telephone number.  The teacher or staff member may also contact the principal, a school  designee, district office or support person to let them the case has been  reported, and for their own documentation and protection file a District County  Schools Child Abuse Incident Referral Report. 

(c) Reporters in the categories specified in A. above, will be required to provide  their names to hotline staff. The extent of confidentiality of the reporter’s  names, with respect to the Department’s records, is governed by Florida  Statute. 

(d) In accordance with state law, the Department of Children and Family  Services, in conjunction with applicable law enforcement agencies, are  responsible for investigating allegations of child abuse, abandonment, or  neglect. 

(e) Complaint Against School District Employee, Volunteer or Agent – If a  complaint is made against a School District employee, volunteer, agent or  other person affiliated with the School District which, if true, would constitute  child abuse, neglect or abandonment by that person, that complaint shall be  immediately forwarded to the Superintendent. The Superintendent shall  forward the complaint to the Department of Children and Family Services for  investigation as provided by Statute. The person accused of child abuse,  abandonment, or neglect shall be suspended from duties involving interaction  with children pending investigation of the allegations. If the allegations are  substantiated by the Department of Children and Family Services, the  Superintendent shall take appropriate disciplinary action. School District staff  shall in good faith cooperate with, and participate only as directed by, the  Department of Children and Family Services and law enforcement during the  investigation, and with respect to any subsequent criminal proceedings. 

(f) Each school shall post in a prominent place at the school site and on each  school’s website the policies and procedures for reporting alleged misconduct  by an instructional employee or school administrator which affects the health,  safety or welfare of a student. The notice shall include the person to whom  the misconduct should be reported and the penalties that will be imposed on  instructional or school administrative staff who fail to report alleged or actual  child abuse or misconduct. 

(g) When a report of child abuse, neglect, or abandonment has been made to  the Department of Children and Family Services or law enforcement  agencies, a teacher, staff member, volunteer, or agent should not take it upon  himself/herself to interview the child, talk with the suspected abuser, discuss  the allegations with other potential witnesses or otherwise investigate the  case. Nor should a teacher, staff member, volunteer or agent divulge  information relating to the complaint to persons other than school officials, the  Child Protection Team, the Department of Children and Family Services, law  enforcement, the State Attorney or other court designee. If a parent,  caregiver, or legal guardian desires information related to a complaint of child  abuse, that person should be directed to contact the Department of Children  and Family Services and/or the applicable local law enforcement agency. 

(h) Florida Statute provides that a person required by state law to report child  abuse, abandonment, or neglect, but who willingly and knowingly fails to do  so, or prevents another from doing so, is guilty of a first degree misdemeanor.  Likewise, knowingly and willingly filing a false report of child abuse, neglect,  or abandonment or advising another to do so constitutes a third degree  misdemeanor. 

(i) Child Abuse Prevention Training for School District employees, staff,  volunteers shall be provided in compliance with and as specified in Florida  Statute. 

(6) A school instructional staff member who is known by the child may be present  during the initial interview of a child protective or criminal investigation when the  interview is conducted at school under either or both of the following Conditions. 

(a) Florida Department of Children and Families or the law enforcement  agency believes the presence of the staff member could enhance the  success of the interview. 

(b) The child request or consents to the staff member’s presence at the  interview. 

STATUTORY AUTHORITY: 120.54; 1001.41; 1001.42, F.S. 

LAWS IMPLEMENTED: 39.0015; 39.01; 39.201; 39.202; 39.203; 39.205; 39.206; 1001.43;  1006.061, F.S. 

History:

Adopted: October 2, 1984 

Revision Date(s): July 1, 1996; January 14, 1999; October 7, 2003   February 9, 2010; January 12, 2016 

Formerly: