Injury to a child as a result
of physical, mental, or emotional abuse, neglect or sexual abuse.
Kansas State law states that whenever
one has reason to suspect that a child has been injured as a result
of physical, mental, or emotional abuse or neglect or sexual abuse,
the person shall report the matter promptly (KSA 38-1522).
Kansas State Law requires that principals,
teachers, all school employees, including nurses and social workers,
must report suspected abuse. The person
with the evidence (verbal or physical) shall call in the report.
It is not the role of the school employee to do the investigative
procedures nor is it up to the school administrator to decide whether
or not the occurrence should be reported. The statute is clear that
the school personnel must report and SRS will investigate.
No teacher should be reprimanded or intimidated for making a referral.
Staff must realize that failure to protect the child by not reporting
is a Class B misdemeanor punishable by $1,000 fine and/or 6 months
in jail.
- Report the incident to the appropriate authorities as outlined
under "Legal Considerations."
- Confidentiality of the incident and the individuals involved
must be maintained. Staff members and others who are privy to
the information must be careful not to discuss the incident.
- If the alleged incident involves a staff member, the principal
should immediately notify the Assistant Superintendent for Personnel.
- If the incident becomes public, the school crisis team may need
to implement its prepared communications plan with staff, students
and parents.
Refer all inquiries for information
from outside the building to the district Director of Public Information.
Do not allow reporters to interview any student or staff member
in the school or on the school grounds. Handle rumors or published
reports regarding the incident by preparing a statement to distribute
to staff and/or students and parents if deemed appropriate.
Contact resources (school counselors or
school social workers) to work with student, parents, and staff,
if needed.
To be done
by SRS and/or police. Other considerations: See Kansas Statutes.
The need to report is clear. Principals
are not to make the decision whether or not employees report an
alleged incident of child abuse. Suspected abuse of a student by
a school employee must be reported in the same fashion.
No employer shall terminate the employment, or prevent or impair
the practice or occupation of or impose any other sanction on any
employee because the employee made an oral or written report to
a law enforcement agency or the department of social and rehabilitation
services relating to injury inflicted upon a child which was suspected
by the employee of having resulted from the physical, mental or
emotional abuse or neglect or sexual abuse of the child (KSA 38-1525).
Anyone participating
without malice in the making of an oral or written report to a law
enforcement agency or the department of social and rehabilitation
services relating to injury inflicted upon a child under 18 years
of age as a result of physical, mental or emotional abuse or neglect
or sexual abuse or in any follow-up activity to or investigation
of the report, shall have immunity from any civil liability that
might otherwise be incurred or imposed. Any such participant shall
have the same immunity with respect to participation in any judicial
proceedings resulting from the report (KSA 38-1526).
All records and reports
concerning child abuse or neglect received by the department of
social and rehabilitation services or a law enforcement agency...are
confidential and shall not be disclosed except under the following
conditions...The secretary or the law enforcement agency where the
report is filed may authorize access to the records and reports
to...a person licensed to practice the healing arts who has before
that person a child whom the person reasonably suspects may be abused
or neglected...
It is unlawful for any individual,
association, partnership, corporation or other entity to willfully
or knowingly permit or encourage the unauthorized dissemination
of the contents of records or reports concerning child abuse or
neglect received by the department of social and rehabilitation
services or a law enforcement agency...except as provided by this
code (KSA 38-1507).
|
About KCKPS
