1. Methods for increasing staff, student, and parent awareness of issues regarding sexual abuse, trafficking, and other forms of maltreatment of children, including prevention techniques and knowledge of likely warning signs indicating that a child may be a victim;
  2. Actions a child who is a victim of sexual abuse, trafficking, or other maltreatment should take to obtain assistance and intervention; and
  3. Available counseling options for students affected by sexual abuse, trafficking, or other maltreatment.
  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.
  1. The name and address of the child;
  2. The name and address of the person responsible for the care, custody, or welfare of the child;
  3. The facts that caused the individual to believe the child has been abused or neglected and the source of the information;
  4. The individual's name and telephone number;
  5. The individual's:
    1. Home address; or
    2. If the individual is a professional as defined by Family Code 261.101(b) [see Report by Any Professional, above], the individual's business address and profession; and
  6. Any other pertinent information concerning the alleged or suspected abuse or neglect.
  1. Any local or state law enforcement agency;
  2. DFPS, Child Protective Services (CPS) Division;
  3. A local office of CPS, where available; or
  4. The state agency that operates, licenses, certifies, or registers the facility in which the alleged abuse or neglect occurred.
  1. A parent, guardian, managing or possessory conservator, or foster parent of the child;
  2. A member of the child's family or household as defined by Family Code Chapter 71;
  3. A person with whom the child's parent cohabits;
  4. School personnel or a volunteer at the child's school;
  5. Personnel or a volunteer at a public or private child-care facility that provides services for the child or at a public or private residential institution or facility where the child resides; or
  6. An employee, volunteer, or other person working under the supervision of a licensed or unlicensed child-care facility, including a family home, residential child-care facility, employer-based day-care facility, or shelter day-care facility, as those terms are defined in Human Resources Code Chapter 42.

Note: The following legal provisions address child abuse and neglect investigations generally. See GRA for additional legal provisions addressing notification requirements and right of access to students when DFPS investigates reports of abuse and neglect at school. See 40 Administrative Code Chapter 707, Subchapter B for more information regarding investigations of abuse or neglect in a school setting.

  1. Penalties under Penal Code 39.06 (misuse of official information), Family Code 261.109 (failure to report), and 19 Administrative Code Chapter 249 (actions against educator's certificate) for failure to submit a required report of child abuse or neglect;
  2. Applicable prohibitions against interference with an investigation of a report of child abuse or neglect, including:
    1. Family Code 261.302 and 261.303, prohibiting school officials from denying an investigator's request to interview a student at school; and
    2. Family Code 261.302, prohibiting school officials from requiring the presence of a parent or school administrator during an interview by an investigator.
  3. Immunity provisions applicable to a person who reports child abuse or neglect or otherwise assists an investigation in good faith;
  4. Confidentiality provisions relating to a report of suspected child abuse or neglect;
  5. Any disciplinary action that may result from noncompliance with a district's reporting policy; and
  6. The prohibition under Education Code 26.0091 [see Psychotropic Drugs and Psychological Testing, above].
  1. Include the current toll-free number for DFPS;
  2. Provide for cooperation with law enforcement child abuse investigations without the consent of the child's parent, if necessary, including investigations by DFPS; and
  3. Include child abuse anti-victimization programs in elementary and secondary schools consisting of age-appropriate, research-based prevention designed to promote self-protection and prevent sexual abuse and trafficking.
  1. The current toll-free DFPS Abuse Hotline telephone number;
  2. Instructions to call 911 for emergencies; and
  3. Directions for accessing the DFPS Texas Abuse Hotline website for more information on reporting abuse, neglect, and exploitation.

EDGEWOOD ISD-BEXAR COUNTY

FFG(LEGAL)-P

UPDATE 122

DATE ISSUED: 10/26/2023

Adopted: Date not found

Program to Address Child Sexual Abuse, Trafficking, and Maltreatment

The District's program to address child sexual abuse, trafficking, and other maltreatment of children, as included in the District improvement plan and the student handbook, shall include:

  1. Methods for increasing staff, student, and parent awareness regarding these issues, including prevention techniques and knowledge of likely warning signs indicating that a child may be a victim;
  2. Age-appropriate, research-based antivictimization programs for students;
  3. Actions that a child who is a victim should take to obtain assistance and intervention; and
  4. Available counseling options for affected students.

Training

The District shall provide training to employees as required by law and District policy. Training shall address techniques to prevent and recognize sexual abuse, trafficking, and all other maltreatment of children, including children with significant cognitive disabilities. [See DMA]

[See BBD for Board member training requirements and BJCB for Superintendent continuing education requirements.]

Reporting Child Abuse and Neglect

Any person who has reasonable cause to believe that a child's physical or mental health or welfare has been adversely affected by abuse or neglect has a legal responsibility, under state law, to immediately report the suspected abuse or neglect to an appropriate authority.

As defined in state law, child abuse and neglect include both sex and labor trafficking of a child.

The following individuals have an additional legal obligation to submit a written or oral report within 48 hours of learning of the facts giving rise to the suspicion of abuse or neglect:

  1. Any District employee, agent, or contractor who suspects a child's physical or mental health or welfare has been adversely affected by abuse or neglect.
  2. A professional who has reasonable cause to believe that a child has been or may be abused or neglected or may have been a victim of indecency with a child. A professional is anyone licensed or certified by the state who has direct contact with children in the normal course of duties for which the individual is licensed or certified.

A person is required to make a report if the person has reasonable cause to believe that an adult was a victim of abuse or neglect as a child and the person determines in good faith that disclosure of the information is necessary to protect the health and safety of another child or an elderly or disabled person.

[For parental notification requirements regarding an allegation of educator misconduct with a student, see FFF.]

Restrictions on Reporting

In accordance with law, an employee is prohibited from using or threatening to use a parent's refusal to consent to administration of a psychotropic drug or to any other psychiatric or psychological testing or treatment of a child as the sole basis for making a report of neglect, 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.

Making a Report

Reports may be made to any of the following:

  1. A state or local law enforcement agency;
  2. The Child Protective Services (CPS) division of the Texas Department of Family and Protective Services (DFPS) at (800) 252-5400 or the Texas Abuse Hotline Website;
  3. A local CPS office; or
  4. If applicable, the state agency operating, licensing, certifying, or registering the facility in which the suspected abuse or neglect occurred.

However, if the suspected abuse or neglect involves a person responsible for the care, custody, or welfare of the child, the report must be made to DFPS, unless the report is to the state agency that operates, licenses, certifies, or registers the facility where the suspected abuse or neglect took place; or the report is to the Texas Juvenile Justice Department as a report of suspected abuse or neglect in a juvenile justice program or facility. As defined by law, a person responsible for the care, custody, or welfare of a child includes school personnel and volunteers and day-care workers. [See FFG(LEGAL)]

An individual does not fulfill his or her responsibilities under the law by only reporting suspicion of abuse or neglect to a campus principal, school counselor, or another District staff member. Furthermore, the District is prohibited from requiring an employee to first report his or her suspicion to a District or campus administrator.

Confidentiality

In accordance with state law, the identity of a person making a report of suspected child abuse or neglect shall be kept confidential and disclosed only in accordance with the rules of the investigating agency.

Immunity

A person who in good faith reports or assists in the investigation of a report of child abuse or neglect is immune from civil or criminal liability.

Failing to Report Suspected Child Abuse or Neglect

By failing to report suspicion of child abuse or neglect, an employee:

  1. May be placing a child at risk of continued abuse or neglect;
  2. Violates the law and may be subject to legal penalties, including criminal sanctions for knowingly failing to make a required report;
  3. Violates Board policy and may be subject to disciplinary action, including possible termination of employment; and
  4. May have his or her certification from the State Board for Educator Certification suspended, revoked, or canceled in accordance with 19 Administrative Code Chapter 249.

It is a criminal offense to coerce someone into suppressing or failing to report child abuse or neglect.

Responsibilities Regarding Investigations

In accordance with law, District officials shall be prohibited from:

  1. Denying an investigator's request to interview a child at school in connection with an investigation of child abuse or neglect;
  2. Requiring that a parent or school employee be present during the interview; or
  3. Coercing someone into suppressing or failing to report child abuse or neglect.

District personnel shall cooperate fully and without parental consent, if necessary, with an investigation of reported child abuse or neglect. [See GKA]

EDGEWOOD ISD-BEXAR COUNTY

FFG(LOCAL)-A

UPDATE 118

DATE ISSUED: 11/8/2021