No. 35342 (Amendment): Rule R277-401. Child Abuse-Neglect Reporting by Education Personnel

(Amendment)

DAR File No.: 35342
Filed: 10/13/2011 03:11:35 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to update definitions and child abuse-neglect reporting policy and procedure language for local education agencies (LEAs) and provide clearly for cooperation with law enforcement and the Division of Child and Family Services (DCFS).

Summary of the rule or change:

The changes provide a new definition in Section R277-401-1 and updating language in Section R277-401-3 consistent with state law.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The changes to the rule provide updated language consistent with state law for LEA policies and procedures which do not result in any cost or savings.

local governments:

There are no anticipated costs or savings to local government. The changes to the rule provide updated language consistent with state law for LEA policies and procedures which do not result in any cost or savings.

small businesses:

There are no anticipated costs or savings to small businesses. This rule applies to public education and does not affect businesses.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. The changes to the rule provide updated language consistent with state law for LEA policies and procedures which do not result in any cost or savings.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The changes to the rule provide updated language consistent with state law for LEA policies and procedures.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I see no fiscal impact on businesses.

Larry K. Shumway, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/01/2011

This rule may become effective on:

12/08/2011

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-401. Child Abuse-Neglect Reporting by Education Personnel.

R277-401-1. Definitions.

A. This rule uses the definition of neglected child found in Section 78A-6-105(26).

B. This rule uses the definition of abused child found in Section 78A-6-105(2).

C. "Board" means the Utah State Board of Education.

D. "LEA" means a local education agency, including local school boards/public school districts and charter schools.

 

R277-401-2. Authority and Purpose.

A. This rule is authorized under Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board and Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to clarify:

(1) the Board's support [of early intervention in the child abuse-abuser cycle and of] for taking early protective measures towards allegations of child abuse. The daily contact of education personnel with children places them in an ideal position for identifying and referring suspected cases of abuse.

(2) the role of school employees in reporting and participating in investigations of suspected child abuse as required by Section 62A-4a-403.

 

R277-401-3. Policies and Procedures.

A. Each LEA shall develop and adopt a child abuse-neglect policy.

[C.](1) School officials shall cooperate with social service and law enforcement agency employees authorized to investigate charges of child abuse and neglect[, assisting as asked as members of interdisciplinary child protection teams in providing protective, diagnostic, assessment, treatment, and coordination services].

[E.](2) [District]LEA policies shall ensure that the anonymity of those reporting or investigating child abuse or neglect is preserved in a manner required by Section 62A-4a-412.

[F.](3) A n [district]LEA policy may direct a school employee to notify the building principal of the neglect or abuse. Such a report to a principal, supervisor, school nurse or psychologist does not satisfy the employee's personal duty to report to law enforcement or DFS.

(4) LEA policies shall direct school employees to cooperate appropriately with law enforcement and DCFS investigators who come into the school, including:

(a) allowing authorized representatives to interview children consistent with DCFS and local law enforcement protocols;

(b) allowing appropriate access to student records;

(c) making no contact with parents/legal guardians of children being questioned by DCFS or local law enforcement; and

(d) cooperating with ongoing investigations and maintaining appropriate confidentiality.

B. School employee responsibilities

[A.](1) Any school employee who knows or reasonably believes that a child has been neglected, or physically or sexually abused, shall immediately notify the nearest peace officer, law enforcement agency, or office of the State Division of Child and Family Services (DCFS).

[B.](2) It is not the responsibility of school employees to prove that the child has been abused or neglected, or determine whether the child is in need of protection. Investigations are the responsibility of the Division of Child and Family Services. Investigation by education personnel prior to submitting a report should not go beyond that necessary to support a reasonable belief that a reportable problem exists.

[D.](3) Persons making reports or participating in an investigation of alleged child abuse or neglect in good faith are immune from any civil or criminal liability that otherwise might arise from those actions, as provided by law.

 

KEY: child abuse, education policy, faculty, students

Date of Enactment or Last Substantive Amendment: [1987]2011

Notice of Continuation: September 6, 2007

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3)

 

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