FFG - STUDENT WELFARE: CHILD ABUSE, NEGLECT, EXPLOITATION, AND IMPROPER CHILD CARE PRACTICE

DEFINITIONS

Abuse, Exploitation, Neglect, And Improper Care

  1. "Abuse" means any intentional, knowing, or reckless act or omission by an employee, volunteer, or other individual working under the auspices of a facility that causes or may cause emotional harm or physical injury, whether substantial or not, to, or the death of, a child served by the facility as further described by rule or policy. Abuse includes both physical and sexual abuse.
  2. "Exploitation" means the illegal or improper use of a child or of the resources of a child served by a facility for monetary or personal benefit, profit, or gain by an employee, volunteer, or other individual working under the auspices of a facility as further described by rule or policy.
  3. "Neglect" means a negligent act or omission by an employee, volunteer, or other person working under the auspices of a facility, including failure to comply with an individual treatment plan, plan of care, or individualized service plan, that causes or may cause substantial emotional harm or substantial physical injury to, or the death of, a child served by the facility as further described by rule or policy.
    Family Code 261.401; 1TAC 351.501
  4. "Improper Care" means any action or omission on the part of an employee, volunteer, or other individual working under the auspices of TSBVI that constitutes an inappropriate or unapproved verbal or physical method of interacting with or disciplining a student that causes or may cause emotional harm or physical injury to the student but which does not constitute abuse, neglect or exploitation as those terms are defined in Texas Family Code 261.401 and 1TAC 351.501

PROCEDURES

The Superintendent shall ensure that procedures are adopted to implement the requirements of this policy.

REPORTING REQUIREMENT

Report Of Child Abuse Or Neglect

Any TSBVI employee, volunteer or other individual working under the auspices of TSBVI who has cause to believe that the physical, or mental, health, or welfare of a student under 18 whose disability of minority has not been removed, has been, or may be, adversely affected by abuse or neglect by any person shall immediately report such belief to:

  1. a local, or state, law enforcement authority; or
  2. the Texas Department of Family and Protective Services, Child Protective Services Division (toll free number--1-800-252-5400, on line at <https://www.txabusehotline.org); or
  3. a local office of Child Protective Services, where available; or
  4. the appropriate TSBVI official, as set forth in TSBVI Administrative Procedure "Reporting and Investigating Suspected Student Abuse, Neglect, Exploitation and Improper Care".

Family Code 261.101(a)

If an employee, volunteer or other person working under the auspices of TSBVI makes a report to one of the entities listed in numbers 1 through 3 above, that person shall also make an immediate report to TSBVI in the manner specified in TSBVI Administrative Procedure "Reporting and Investigating Suspected Student Abuse, Neglect, Exploitation and Improper Care".

Information in report

A report of suspected abuse or neglect, made to the Texas Department of Family or Protective Services, Child Protective Services, or to a local or state law enforcement agency shall contain, if known, the name and address of the child, the name and address of the person responsible for the care, custody, or welfare of the child, if available, and any other pertinent information concerning the alleged or suspected abuse or neglect. Family Code 261.103; 261.104

Report Of Child Exploitation Or Improper Care

Any TSBVI employee, volunteer, or other individual working under the auspices of TSBVI having cause to believe that a student under 18 whose disability of minority has not been removed, has been or may be exploited or the subject of improper care while in the care, custody, or control of the School, shall immediately report such belief to the appropriate TSBVI official, as set forth in TSBVI Administrative Procedure "Reporting and Investigating Suspected Student Abuse, Neglect, Exploitation and Improper Care".

Report Of Adult Student Abuse, Neglect And Exploitation

Any TSBVI employee, volunteer, or other individual working under the auspices of TSBVI having cause to believe that a student over the age of 18 is in a state of abuse, neglect, or exploitation shall report the information immediately to:

  1. the Department of Family and Protective Services, and

    Human Resources Code 48.051(b)

  2. the appropriate TSBVI official, as set forth in TSBVI Administrative Procedure "Reporting and Investigating Suspected Student Abuse, Neglect, Exploitation and Improper Care".

Report of Improper Care of an Adult Student

Any TSBVI employee, volunteer, or other individual working under the auspices of TSBVI having cause to believe that a student 18 or older, or a student under 18 who has had the disabilities of minority removed has been or may be the subject of improper care while in the care, custody, or control of the School shall report the information immediately to the appropriate TSBVI official, as defined in TSBVI Administrative Procedure "Reporting and Investigating Suspected Student Abuse, Neglect, Exploitation and Improper Care".

Psychotropic Drugs And Psychological Testing

An employee may not use or threaten to use the refusal of a parent, guardian, or managing or possessory conservator of a child to administer or consent to the administration of a psychotropic drug to the child, or to consent to any other psychiatric or psychological testing or treatment of the child, as the sole basis for making a report of neglect of the child under Subchapter B, Chapter 261, Family code, unless the employee has cause to believe that the refusal:

  1. Presents a substantial risk of death, disfigurement, or bodily injury to the child, or
  2. Has resulted in an observable and material impairment to the growth, development, or functioning of the child

Education Code 26.0091; Family Code 261.111(a)

Psychotropic drug means a substance that is:

  1. Used in the diagnosis, treatment, or prevention of a disease or as a component of a medication; and
  2. Intended to have an altering effect on perception, emotion, or behavior.

Family Code 261.111(a)

Prohibition Against Delegation

An employee, volunteer, or other individual working under the auspices of TSBVI may not delegate to or rely on another person to make any report required under this policy of TSBVI Administrative Procedure "Reporting and Investigating Suspected Student Abuse, Neglect, Exploitation and Improper Care".

Family Code 261.101(b)

CONFIDENTIALITY

A report of alleged or suspected abuse or neglect and the identity of the person making the report are confidential and not subject to release under Government Code Chapter 552 (Public Information Act). Such information may be disclosed only for purposes consistent with federal or state law or under rules adopted by an investigating agency. Family Code 261.101

Unless waived in writing by the person making the report, the identity of an individual making a report is confidential and may be disclosed only to a law enforcement officer for the purposes of a criminal investigation of the report, or as ordered by a court under accordance with Texas Family Code 261.201. Family Code 261.101(d)

IMMUNITY FROM LIABILITY

A person acting in good faith, who reports, or assists in the investigation of a report of child abuse, or neglect, or who testifies, or otherwise participates in a judicial proceeding arising from a report, petition, or investigation, of alleged child abuse or neglect, is immune from any civil, or criminal, liability that might otherwise be incurred, or imposed.

Family Code 261.106(a)

The School may not suspend or terminate the employment of, or otherwise discriminate against a professional who makes a good faith report of abuse or neglect. Family Code 261.101

CRIMINAL OFFENSES

Failure To Report

A person commits a class B misdemeanor if he or she has cause to believe that a child's physical or mental health or welfare has been or may be, adversely affected by abuse, or neglect, and knowingly fails to report it as provided by law. Family Code 261.109

Failure to report child abuse or neglect violates the Educator's Code of Ethics and may result in sanctions against an educator's certificate, as addressed in 19 TAC 249. 19 TAC 61.1051

A person commits a class A misdemeanor if the person has cause to believe that a disabled person has been abused, neglected, or exploited or is in a state of abuse, neglect, or exploitation and knowingly fails to report.

Human Resources Code 48.051, 48.052, 48.054

False Report

A person commits an offense if the person knowingly or intentionally makes a report of abuse or neglect that the person knows is false or lacks actual foundation. The offense is a class A misdemeanor except that it is a felony if the person has previously been convicted of the offense. Family Code 161.107(a)

Coercion

An employee who coerces another into suppressing or failing to report child abuse or neglect to a law enforcement agency commits a class C misdemeanor offense. Penal Code 39.06

TSBVI REPORT TO STATE OR LOCAL LAW ENFORCEMENT AGENCY

TSBVI shall immediately notify the appropriate state or local law enforcement agency of any report that TSBVI receives, other than a report from a law enforcement agency, that concerns the suspected abuse, neglect or exploitation of a child or the death of a child from abuse or neglect.

Family Code 261.402(b)

SCHOOL RESPONSE TO FAILURE TO REPORT

Employee Subject to Disciplinary Action

Any TSBVI employee who does not report a belief of student abuse, neglect, exploitation, or improper care in accordance with the provisions of this policy and TSBVI Administrative Procedure "Reporting and Investigating Suspected Student Abuse, Neglect, Exploitation and Improper Care" may be subject to disciplinary action up to and including termination.

Removal from Service of Volunteer or Other Individual

Any TSBVI volunteer or individual working under the auspices of TSBVI who does not report a belief of student abuse, neglect, exploitation, or improper care in accordance with the provisions of this policy may be immediately prohibited from providing further services to TSBVI.

INVESTIGATIONS

Conducting Investigations

The School shall make a prompt, thorough investigation of any report that student has been, or may be, abused, neglected, exploited, or the subject of improper care while at the School, or under the care of the School. The primary purpose of the investigation shall be the protection of the student.

Family Code 261.401(b); 261.003

Investigative Reports

The School shall:

  1. Prepare and keep on file a complete written report of each investigation conducted by the School.
  2. Compile, maintain, and make available statistics on the incidence of student abuse, neglect, and exploitation in the School.
  3. Report to the appropriate law enforcement agency evidence indicating that a student may have been abused, or neglected, if the School finds such evidence.

Family Code 261.402; 261.003

Disclosure Of Investigative Documents

The reports of alleged, or suspected, abuse, neglect, exploitation, or improper care, the identity of the person making such a report, and the files and reports, records, communications, audio tapes, video tapes and working papers used, or developed in an investigation, or in providing services as a result of such investigation are confidential, and are not subject to public release under Chapter 552 Government Code.

Family Code 261.201(a); Human Resources Code 48.101

Exception: release of information

The Superintendent shall release information as required by Family Code 261.201(b) and (c).

The Superintendent may release to the parent of a student, about whom a report of abuse, neglect, exploitation or improper care has been made, information which otherwise would be confidential under Family Code 261.201(a) or Human Resources Code 48.101(b) when:

  1. In the Superintendent's judgment the release of the report is in the best interests of the student; and
  2. The student's parent is not the person reported to have abused, neglected, or exploited the student.

When information is released under this policy, the following information shall be excised:

  1. The names and any other identifying information about all students, other than the student who was reported to have been abused, or neglected;
  2. The name of the person making the report of abuse, or neglect; and
  3. The names of all witnesses.

Family Code 261.201(a), Human Resources Code 48.101(b)

INVESTIGATION BY AGENCY OTHER THAN TSBVI

Interference With Investigation

A person may not interfere with an investigation, or a report, of child abuse, or neglect, conducted by the Department of Protective and Regulatory Services, TSBVI, or any agency authorized to investigate reports of abuse, or neglect. Family Code 261.303

Interview of Student

The investigating agency shall be permitted to interview the student at any reasonable time and place, including at the child's school. The School is prohibited from requiring the presence of a parent or school administrator during an interview by an investigator. Family Code 261.302

COMPLAINT

If the School receives a complaint relating to an investigation conducted by a TSBVI official, the complaint shall be referred to the TSBVI Board.

Family Code 261.403(a), Human Resources Code 48.301(e)

ANTIVICTIMIZATION PROGRAM

The School shall provide child abuse anti-victimization programs in elementary and secondary programs.

Education Code 38.004

EMPLOYEE TRAINING

As part of new employee orientation and annually thereafter, each employee shall receive training in the responsibilities associated with this policy and the implementing procedure.

DISTRIBUTION OF POLICY AND PROCEDURE

Each TSBVI employee shall receive a copy of this policy and its implementing procedure during new employee orientation and at the beginning of each school year, and shall sign a receipt so indicating.

INFORMATON FOR VOLUNTEERS AND INDIVIDUALS WORKING UNDER TSBVI AUSPICES

Any volunteer or individual working under the auspices of TSBVI shall receive training in the volunteer's or individual's reporting requirements under this policy and a copy of the policy prior to providing services to TSBVI.

PERIODIC REVIEW

The TSBVI Internal Auditor shall review this policy and the procedures implementing this policy a minimum of once every three years.

Family Code 261.403(b)

ANNUAL REVIEW

The board shall review this policy on an annual basis.

Adopted: 2/9/79

Amended: 11/11/83, 10/25/85, 1/14/88, 6/1/89, 9/27/90, 3/26/93, 11/17/95, 9/25/98, 12/1/00, 11/22/02, 1/30/04, 11/19/04, 11/18/05, 1/26/07, 11/16/07

Reviewed:

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