Adopted: MSBA/MASA Model Policy 414
Revised: Rev. 2022
414 MANDATED
REPORTING OF CHILD NEGLECT OR PHYSICAL OR SEXUAL ABUSE
[Note: This policy reflects the mandatory law regarding
reporting of maltreatment of minors and is not discretionary in nature.]
I. PURPOSE
The purpose of this policy is to make clear the statutory
requirements of school personnel to report suspected child neglect or physical
or sexual abuse.
II. GENERAL
STATEMENT OF POLICY
A. The policy
of the school district is to fully comply with Minnesota Statutes chapter 260E
requiring school personnel to report suspected child neglect or physical or
sexual abuse.
B. A violation
of this policy occurs when any school personnel fails
to immediately report instances of child neglect or physical or sexual abuse
when the school personnel knows or has reason to believe a child is being
neglected or physically or sexually abused or has been neglected or physically
or sexually abused within the preceding three years.
III. DEFINITIONS
A. “Accidental”
means a sudden, not reasonably foreseeable, and unexpected occurrence or event that:
1. is not
likely to occur and could not have been prevented by exercise of due care; and
2. if occurring
while a child is receiving services from a facility, happens when the facility
and the employee or person providing services in the facility are in compliance
with the laws and rules relevant to the occurrence of event.
B. “Child”
means one under age 18 and, for purposes of Minnesota Statutes chapter 260C (Juvenile
Safety and Placement) and Minnesota Statutes chapter 260D (Child in Voluntary
Foster Care for Treatment), includes an individual under age 21 who is in
foster care pursuant to Minnesota Statutes chapter 260C.451 (Foster Care
Benefits Past Age 18).
C. “Immediately”
means as soon as possible but in no event longer than 24 hours.
D. “Mandated reporter”
means any school personnel who knows or has reason to believe a child is being maltreated
or has been maltreated within the preceding three years.
E. “Mental
injury” means an injury to the psychological capacity or emotional stability of
a child as evidenced by an observable or substantial impairment in the child’s
ability to function within a normal range of performance and behavior with due
regard to the child’s culture.
F. “Neglect”
means the commission or omission of any of the acts specified below, other than
by accidental means:
1. failure by a
person responsible for a child’s care to supply a child with necessary food,
clothing, shelter, health care, medical, or other care required for the child’s
physical or mental health when reasonably able to do so;
2. failure to
protect a child from conditions or actions that seriously endanger the child’s
physical or mental health when reasonably able to do so, including a growth
delay, which may be referred to as a failure to thrive, that has been diagnosed
by a physician and is due to parental neglect;
3. failure to
provide for necessary supervision or child care arrangements appropriate for a
child after considering factors as the child’s age, mental ability, physical
condition, length of absence, or environment, when the child is unable to care
for the child’s own basic needs or safety, or the basic needs or safety of
another child in his or her care;
4. failure to
ensure that a child is educated in accordance with state law, which does not
include a parent’s refusal to provide his or her child with sympathomimetic
medications;
5. prenatal
exposure to a controlled substance as defined in state law used by the mother
for a nonmedical purpose, as evidenced by withdrawal symptoms in the child at
birth, results of a toxicology test performed on the mother at delivery or the
child’s birth, medical effects or developmental delays during the child’s first
year of life that medically indicate prenatal exposure to a controlled
substance, or the presence of a fetal alcohol spectrum disorder;
6. medical
neglect as defined by Minnesota Statutes section 260C.007, subdivision. 6, clause
(5);
7. chronic and
severe use of alcohol or a controlled substance by a person responsible for the
care of the child that adversely affects the child’s basic needs and safety; or
8. emotional
harm from a pattern of behavior that contributes to impaired emotional
functioning of the child, which may be demonstrated by a substantial and
observable effect in the child’s behavior, emotional response, or cognition that
is not within the normal range for the child’s age and stage of development,
with due regard to the child’s culture.
Neglect does not occur solely because the child’s parent,
guardian, or other person responsible for the child’s care in good faith
selects and depends upon spiritual means or prayer for treatment or care of
disease or remedial care of the child in lieu of medical care.
G. “Nonmaltreatment mistake” occurs when: (1) at the time of the incident, the individual was
performing duties identified in the center’s child care program plan required
under Minnesota Rules part 9503.0045; (2) the individual has not been
determined responsible for a similar incident that resulted in a finding of
maltreatment for at least seven years; (3) the individual has not been
determined to have committed a similar nonmaltreatment
mistake under this paragraph for at least four years; (4) any injury to a child
resulting from the incident, if treated, is treated only with remedies that are
available over the counter, whether ordered by a medical professional or not;
and (5) except for the period when the incident occurred, the facility and the
individual providing services were both in compliance with all licensing
requirements relevant to the incident.
This definition only applies to child care centers licensed under Minnesota
Rules chapter 9503.
H. “Person responsible
for the child’s care” means (1) an individual functioning within the family
unit and having responsibilities for the care of the child such as a parent,
guardian, or other person having similar care responsibilities, or (2) an
individual functioning outside the family unit and having responsibilities for
the care of the child such as a teacher, school administrator, other school
employee or agent, or other lawful custodian of a child having either full-time
or short-term care responsibilities including, but not limited to, day care,
babysitting whether paid or unpaid, counseling, teaching, and coaching.
I. “Physical abuse”
means any physical injury, mental injury (under subdivision 13), or threatened
injury (under subdivision 23), inflicted by a person responsible for the
child’s care on a child other than by accidental means; or any physical or
mental injury that cannot reasonably be explained by the child’s history of
injuries, or any aversive or deprivation procedures, or regulated
interventions, that have not been authorized by Minnesota Statutes section 125A.0942
or 245.825.
Abuse does not include reasonable and moderate physical
discipline of a child administered by a parent or legal guardian that does not
result in an injury. Abuse does not
include the use of reasonable force by a teacher, principal, or school employee
as allowed by Minnesota Statutes section 121A.582.
Actions that are not reasonable and moderate include, but
are not limited to, any of the following: (1) throwing, kicking, burning,
biting, or cutting a child; (2) striking a child with a closed fist; (3)
shaking a child under age three; (4) striking or other actions that result in
any nonaccidental injury to a child under 18 months of age; (5) unreasonable
interference with a child’s breathing; (6) threatening a child with a weapon,
as defined in Minn. Stat. § 609.02, Subd. 6; (7)
striking a child under age one on the face or head; (8) striking a child who is
at least age one but under age four on the face or head, which results in an
injury; (9) purposely giving a child poison, alcohol, or dangerous, harmful, or
controlled substances that were not prescribed for the child by a practitioner,
in order to control or punish the child, or other substances that substantially
affect the child’s behavior, motor coordination, or judgment, or that result in
sickness or internal injury, or that subject the child to medical procedures
that would be unnecessary if the child were not exposed to the substances; (10)
unreasonable physical confinement or restraint not permitted under Minnesota
Statutes section 609.379, including, but not limited to, tying, caging, or
chaining; or (11) in a school facility or school zone, an act by a person
responsible for the child’s care that is a violation under Minnesota Statutes
section 121A.58.
J. “Report” means any communication
received by the local welfare agency, police department, county sheriff, or
agency responsible for child protection pursuant to this section that describes
maltreatment of a child and contains sufficient content to identify the child
and any person believed to be responsible for the maltreatment, if known.
K. “School personnel”
means professional employee or professional’s delegate of the school district
who provides health, educational, social, psychological, law enforcement, or
child care services.
L. “Sexual abuse”
means the subjection of a child by a person responsible for the child’s care,
by a person who has a significant relationship to the child (as defined in
Minn. Stat. § 609.341, Subd. 15), or by a person in a
current or recent position of authority (as defined in Minn. Stat. § 609.341, Subd. 10) to any act which constitutes a violation of
Minnesota statutes prohibiting criminal sexual conduct. Such acts include sexual penetration, sexual
contact, solicitation of children to engage in sexual conduct, and
communication of sexually explicit materials to children. Sexual abuse also includes any act involving
a minor that constitutes a violation of Minnesota statutes prohibiting
prostitution or use of a minor in a sexual performance. Sexual abuse includes all reports of known or
suspected child sex trafficking involving a child who is identified as a victim
of sex trafficking. Sexual abuse
includes threatened sexual abuse which includes the status of a parent or
household member who has committed a violation that requires registration under
Minnesota Statutes section 243.166, Subd. 1b(a) or
(b).
M. “Threatened
injury” means a statement, overt act, condition, or status that represents a substantial
risk of physical or sexual abuse or mental injury. Threatened injury includes, but is not
limited to, exposing a child to a person responsible for the child’s care who
has (1) subjected the child to, or failed to protect a child from, an overt act
or condition that constitutes egregious harm; (2) been found to be palpably
unfit; (3) committed an act that resulted in an involuntary termination of
parental rights; (4) , or committed an
act that resulted in the involuntary transfer of permanent legal and physical
custody of a child to a relative.
IV. REPORTING
PROCEDURES
A. A mandated
reporter shall immediately report the information to the local welfare agency, agency
responsible for assessing or investigating the report, police department,
county sheriff, tribal social services agency, or tribal police department. The reporter will include his or her name and
address in the report.
B. An oral
report shall be made immediately by telephone or otherwise., The oral report
shall be followed by a written report within 72 hours (exclusive of weekends
and holidays) to the appropriate police department, the county sheriff, local
welfare agency, or agency responsible for assessing or investigating the report. Any report shall be of sufficient content to identify
the child, any person believed to be responsible for the maltreatment of the
child if the person is known, the nature and extent of the maltreatment, and
the name and address of the reporter.
C. Regardless
of whether a report is made, as soon as practicable after a school receives
information regarding an incident that may constitute maltreatment of a child
in a school facility, the school shall inform the parent, legal guardian, or
custodian of the child that an incident has occurred that may constitute
maltreatment of the child, when the incident occurred, and the nature of the
conduct that may constitute maltreatment.
D. A mandated reporter
who knows or has reason to know of the deprivation of custodial or parental
rights or the kidnapping of a child shall report the information to the local
police department or the county sheriff.
E. With the exception of a health care professional or a social
service professional who is providing the woman with prenatal care or other
health care services, a mandated reporter shall immediately report to the local
welfare agency if the person knows or has reason to believe that a woman is
pregnant and has used a controlled substance for a nonmedical purpose during
the pregnancy, including, but not limited to, tetrahydrocannabinol, or has
consumed alcoholic beverages during the pregnancy in any way that is habitual
or excessive.
F. A person
mandated by Minnesota law and this policy to report who fails to report may be
subject to criminal penalties and/or discipline, up to and including
termination of employment.
G. An employer
of a mandated reporter shall not retaliate against the person for reporting in
good faith maltreatment against a child with respect to whom a report is made,
because of the report.
H. Any person
who knowingly or recklessly makes a false report under the provisions of
applicable Minnesota law or this policy shall be liable in a civil suit for any
actual damages suffered by the person or persons so reported and for any
punitive damages set by the court or jury, plus costs and reasonable attorney
fees. Knowingly or recklessly making a
false report also may result in discipline.
[Note: The Minnesota Department of Education (MDE)
is responsible for assessing or investigating allegations of child maltreatment
in schools. Although a report may be
made to any of the agencies listed in Section IV. A., above, and there is no
requirement to file more than one report, if the initial report is not made to
MDE, it would be helpful to MDE if schools also report to MDE.]
V. INVESTIGATION
A. The
responsibility for assessing or investigating reports of suspected maltreatment
rests with the appropriate state, county, or local agency or agencies. The agency responsible for assessing or
investigating reports of maltreatment has the authority to interview the child,
the person or persons responsible for the child’s care, the alleged offender,
and any other person with knowledge of the maltreatment for the purpose of
gathering facts, assessing safety and risk to the child, and formulating a
plan. The investigating agency may
interview the child at school. The
interview may take place outside the presence of the alleged offender or
parent, legal guardian, or school official.
The investigating agency, not the school, is responsible for
either notifying or withholding notification of the interview to the parent,
guardian, or person responsible for the child’s care. School officials may not
disclose to the parent, legal custodian, or guardian the contents of the
notification or any other related information regarding the interview until
notified in writing by the local welfare or law enforcement agency that the investigation
or assessment has been concluded.
B. When the
investigating agency determines that an interview should take place on school
property, written notification of intent to interview the child on school
property must be received by school officials prior to the interview. The notification shall include the name of
the child to be interviewed, the purpose of the interview, and a reference to
the statutory authority to conduct an interview on school property.
C. Except where
the alleged offender is believed to be a school official or employee, the time
and place, and manner of the interview on school premises shall be within the
discretion of school officials, but the local welfare or law enforcement agency
shall have the exclusive authority to determine who may attend the
interview. The conditions as to time,
place, and manner of the interview set by the school officials shall be
reasonable, and the interview shall be conducted not more than 24 hours after
the receipt of the notification unless another time is considered necessary by
agreement between the school officials and the local welfare or law enforcement
agency. Every effort must be made to
reduce the disruption of the educational program of the child, other students,
or school employees when an interview is conducted on school premises.
D. Where the
alleged offender is believed to be a school official or employee, the school
district shall conduct its own investigation independent of MDE and, if
involved, the local welfare or law enforcement agency.
E. Upon request
by MDE, the school district shall provide all requested data that are relevant
to a report of maltreatment and are in the possession of a school facility,
pursuant to an assessment or investigation of a maltreatment report of a
student in school. The school district
shall provide the requested data in accordance with the requirements of the
Minnesota Government Data Practices Act, Minnesota Statutes chapter 13, and the
Family Educational Rights and Privacy Act, 20 United States Code section 1232g.
VI. MAINTENANCE
OF SCHOOL RECORDS CONCERNING ABUSE OR POTENTIAL ABUSE
A. When a local
welfare or local law enforcement agency determines that a potentially abused or
abused child should be interviewed on school property, written notification of
the agency’s intent to interview on school property must be received by school
officials prior to the interview. The
notification shall include the name of the child to be interviewed, the purpose
of the interview, and a reference to the statutory authority to conduct the
interview. The notification shall be
private data. School officials may not
disclose to the parent, legal custodian, or guardian the contents of the notice
or any other related information regarding the interview until notified in
writing by the local welfare or law enforcement agency that the investigation
has been concluded.
B. All records
regarding a report of maltreatment, including any notification of intent to
interview which was received by the school as described above in Paragraph A.,
shall be destroyed by the school only when ordered by the agency conducting the
investigation or by a court of competent jurisdiction.
VII. PHYSICAL OR
SEXUAL ABUSE AS SEXUAL HARASSMENT OR VIOLENCE
Under certain circumstances, alleged physical or sexual
abuse may also be sexual harassment or violence under Minnesota law. If so, the duties relating to the reporting
and investigation of such harassment or violence may be applicable.
VIII. DISSEMINATION
OF POLICY AND TRAINING
A. This policy
shall appear in school personnel handbooks.
B. The school
district will develop a method of discussing this policy with school personnel.
C. This policy
shall be reviewed at least annually for compliance with state law.
Legal References: Minn. Stat. Ch. 13 (Minnesota Government
Data Practices Act)
Minn. Stat. § 121A.58 (Corporal Punishment)
Minn. Stat. § 121A.582 (Student Discipline; Reasonable
Force)
Minn. Stat. § 125A.0942 (Standards for Restrictive Procedures)
Minn. Stat. § 243.166, Subd.
1b(a)(b) (Registration of Predatory Offenders)
Minn. Stat. § 245.825 (Use of Aversive or Deprivation
Procedures)
Minn. Stat. § 260C.007, Subd. 6,
Clause (5) (Child in Need of Protection)
Minn. Stat. § 260C.451 (Foster Care Benefits Past Age 18)
Minn. Stat. Ch. 260D (Child in Voluntary Foster Care for
Treatment)
Minn. Stat. Ch. 260E (Reporting of Maltreatment of Minors)
Minn. Stat. § 609.02, Subd. 6
(Definitions – Dangerous Weapon)
Minn. Stat. § 609.341, Subd. 10
(Definitions – Position of Authority)
Minn. Stat. § 609.341, Subd. 15
(Definitions – Significant Relationship)
Minn. Stat. § 609.379 (Reasonable Force)
20 U.S.C. § 1232g (Family Educational Rights and Privacy
Act)
Cross References: MSBA/MASA Model Policy 415 (Mandated
Reporting of Maltreatment of Vulnerable Adults)