Hamden Public Schools District Policies

5141.4 - Child Abuse and Neglect

The Hamden Board of Education recognizes its legal and ethical obligations in the reporting of suspected child abuse and neglect. Any person applying for employment with the Board shall submit to a record check of the Department of Children and Families Child Abuse and Neglect Registry before the person may be hired. Mandated reporters include all school employees, specifically the Superintendent, administrators, teachers, substitute teachers, guidance counselors, school paraprofessionals.coaches of intramural and interscholastic athletics, as well as licensed nurses, physicians, psychologists and social workers either employed by the Board or working in one of the District schools or any other person who, in the performance of his or her duties, has regular contact with students and who provides services to or on behalf of students enrolled in District schools. 

The Board of Education requires all personnel who have reasonable cause to suspect or believe that a child, under the age of eighteen (18), has been abused, neglected, has had non-accidental physical injury, or injury which is at variance with the history given of such injury, or is placed in imminent danger of serious harm to report such cases in accordance with the law, Board policy and administrative rules and regulations. 

Further, the Board requires all personnel who have reasonable cause to suspect or believe that any student of the district has been sexually assaulted by an employee to report such conduct in accordance with the law, Board policy and administrative rules and regulations. The mandatory reporting requirement regarding the sexual assault of a student by a school employee applies based on the person's status as a student in the district, rather than his or her age. 

A mandated reporter shall make an oral report, by telephone or in person, to the Commissioner of Children and Families or a law enforcement agency as soon as possible.but not later than twelve (12) hours after the reporter has reasonable cause to suspect the child has been abused or neglected or a student, regardless of age, has been sexually assaulted by an employee. In addition, the mandated reporter shall inform the building principal or his/her designee that 
he/she will be making such a report. Not later than forty-eight hours of making the oral report, the mandated reporter shall file a written report with the Commissioner of Children and Families or his/her designee. The mandated reporter shall also give a copy of the written report to the building principal or the principal's designee. If a law enforcement agency receives an oral report, it shall immediately notify the Commissioner of Children and Families. 

The oral and written reports shall include, if known: (1) the names and addresses of the child and his/her parents/guardians; (2) the child's age; (3) the child's gender; (4) the nature and extent of the child's Injury or Injuries, maltreatment or neglect; (5) the approximate date and time the injury or injuries, maltreatment or neglect occurred; (6) Information concerning any previous injury or Injuries to, or maltreatment or neglect of, the child or his/her siblings; (7) the circumstances in which the injury or injuries, maltreatment or neglect came to be known to the reporter; (8) the name of the person(s) suspected to be responsible for causing such injury or Injuries, maltreatment or neglect; (9) the reasons such person or persons are suspected of causing such injury or injuries, maltreatment or neglect; (10) any information concerning any prior cases in which such person or persons have been suspected of causing an Injury, maltreatment or neglect of a child; and (11) whatever action, if any, was taken to treat, provide shelter or otherwise assist the child. 

If the report of abuse or neglect involves an employee of the District as the perpetrator, the District may conduct its own investigation into the allegation, provided that such investigation shall not interfere with or impede any investigation conducted by the Department of Children and Families or by a law enforcement agency. 

The Board, recognizing its responsibilities to protect children and in compliance with Its statutory obligations, shall provide In-service training regarding the requirements and obligations of mandated reporters. District employees shall also participate in training offered by the Department of Children and Families. 

The Board will distribute this policy annually to all employees and keep documentation that all employees have in fact received the written policy and completed training related to mandated reporting of child abuse and neglect as required by law including the completion of required initial and refresher programs. 

In accordance with state law, each principal for each school in the district shall certify to the Superintendent that each school employee working at such school is in compliance with the mandated reporter training. The Superintendent shall annually certify this information to the State Board of Education. 

State law prohibits retaliation against a mandated reporter for fulfilling his/her obligations to report suspected child abuse or neglect. The Board shall not retaliate against any mandated reporter for his/her compliance with the law and Board policy pertaining to the reporting of suspected child abuse and neglect. 

In accordance with the mandates of the law and consistent with its philosophy, the Board in establishing this policy directs the Superintendent of Schools to develop and formalize the necessary rules and regulations to complyfully with the intent of the law. 

Not later than January 1, 2016, the Board shall establish a confidential rapid response team to coordinate with the Department of Children and Families to (1) ensure prompt reporting of suspected child abuse or neglect; or 1st, 2nd, 3rd, or 4th degree sexual assault; 1st degree aggravated sexual assault; or 3rd degree sexual assault with a firearm of a student not enrolled in adult education by a school employee and {2) provide immediate access to information and individuals relevant to the Department of Children and Families' investigation of such cases. 

The confidential rapid response team shall consist of (1) a teacher and the Superintendent, (2) a local police officer, and (3) any other persons the Board of Education deems appropriate. 

The Department of Children and Families, along with a multidisciplinary team, is required to take immediate action to investigate and address each report of child abuse, neglect or sexual abuse in any school. 

The Board will not employ anyone who was terminated or resigned after a suspension based on the Department of Children and Families' investigation, if he or she has been convicted of (1) child abuse or neglect or (2) 1st, 2nd, 3rd, or 4th degree sexual assault; 1st degree aggravated sexual assault; or 3rd degree sexual assault with a firearm of a student who is not enrolled in adult education. 

The Board will not employ an individual who was terminated or resigned, if he or she (1) is convicted of a crime involving an act of child abuse or neglect or sexual abuse or assault against a student. This applies regardless of whether an allegation of abuse, neglect, or sexual assault has been substantiated. 

The Board recognizes that the Department of Children and Families is required to disclose records to the Superintendent of Schools in response to a mandated reporter's written or oral report of abuse or neglect or if the Commissioner of Children and Families has reasonable belief that a school employee abused or neglected a student. Not later than five (5) working days after an investigation of child abuse or neglect by a school employee has been completed, the Department of Children and Families is required to notify the school employee and the Superintendent and the Commissioner of Education of the investigation's results. If the Department of Children and Families has reasonable cause, and recommends the employee be placed on its Child Abuse and Neglect Registry, the Superintendent shall suspend such employee. 

Legal Reference: 

C.G.S. §§ 17a-101 through 17a-101k.
C.G.S. § 17a-16a School placement for children in out-of-home care.
C.G.S. § 17a-28 Definitions. Confidentiality of and access to records;
exceptions. Procedure for aggrieved persons. Regulations.
C.G.S. § 17a-106 Cooperation in relation to prevention, identification and
investigation of child abuse and neglect.
C.G.S. §§ 10-145, 145a through 145p.
C.G.S. § 10-220 Duties of boards of education.
C.G.S. § 10-220a In-service training. Professional development. Institutes
for educators. Cooperating teacher program, regulations
C.G.S. § 10-221d Criminal history records checks of school personnel.
Fingerprinting. Termination or dismissal.
C.G.S. § 10-151. Employment of teachers. Definitions. Notice and hearing
on failure to renew or termination of contract. Appeal.
C.G.S. § 46b-120 Definitions.
C.G.S. § 53a-65 Definitions.
P.A. 11-93 An Act Concerning the Response of School Districts and 
the Departments of Education and Children and Families to Reports of 
Child Abuse and Neglect and the Identification of Foster Children in a 
School District. 
P.A. 14-186 An Act Concerning the Department of Children and Families and the Protection of Children. 
P.A. 15-205 An Act Protecting School Children. 

 

First Reading: April 12, 2016

Adoption: May 10, 2016