406R1 - Child Abuse Reporting Regulation

STAFF PERSONNEL

 

Series 400

 

Policy Title: Child Abuse Reporting Regulation

Code No.: 406R1

 

Iowa law requires district personnel who are mandatory reporters to report to the Iowa Department of Human Services instances of suspected child abuse which they become aware of within the scope of their professional duties.

 

The law further specifies that an employee who is a mandatory reporter who knowingly or willfully fails to report a suspected case of child abuse is guilty of a simple misdemeanor and the mandatory reporter may be subject to civil liability for damages caused by the failure to report.

 

Employees participating in good faith in the making of a report or in a judicial proceeding that may result from the report are immune from liability. 

 

Child Abuse Defined

 

"Child abuse" is defined under Iowa law as:

Any non-accidental physical injury or injury which is at variance with the history given of it, suffered by a child as the result of the acts or omissions of a person responsible for the care of the child.

 

Any mental injury to a child’s intellectual or psychological capacity as evidenced by an observable and substantial impairment in the child’s ability to function within the child’s normal range of performance and behavior as the result of the acts or omissions of a person responsible for the care of the child, if the impairment is diagnosed and confirmed by a licensed physician or qualified mental health professional.

 

The commission of a sexual offense with or to a child as a result of the acts or omissions of the person responsible for the child. Sexual offense includes sexual abuse, incest, and sexual exploitation of a minor. 

 

The failure on the part of a person responsible for the care of a child to provide for the adequate food, shelter, clothing or other care necessary for the child's welfare when financially able to do so or when offered financial or other reasonable means to do so.  A parent or guardian legitimately practicing religious beliefs who does not provide specified medical treatment for a child for that reason alone shall not be considered abusing the child.

 

The acts or omissions of a person responsible for the care of a child which allow, permit, or encourage the child to engage in acts of prostitution.

  

An illegal drug is present in a child’s body as a direct and foreseeable consequence of the acts or omissions of the person responsible for the care of the child.

  

The person responsible for the care of a child has in the presence of the child manufactured a dangerous substance, or in the presence of the child possesses a product containing ephedrine, its salts, optical isomers, salts of optical isomers, or pseudoephedrine or its salts with the intent to use the product as a precursor or an intermediary to a dangerous substance.

 

The commission of bestiality in the presence of a minor by a person who resides in a home with a child, as a result of the acts or omissions of a person responsible for the care of the child.

 

Knowingly allowing a person custody or control of, or unsupervised access to a child or minor, after knowing the person is required to register or is on the sex offender registry.

 

Teachers in public schools are not "persons responsible for the care of the child" under this definition.  However, a teacher who abuses a child is subject to civil, criminal, and professional sanctions.

 

Reporting Procedures

 

Employees who are mandatory reporters are required to report, either orally or in writing, within twenty-four hours to the Iowa Department of Human Services when the employee reasonably believes a child has suffered from abuse.  Within forty-eight hours of an oral report, a written report must be filed with Department of Human Services.

 

Each report should contain as much of the following information as can be obtained within the time limit.  However, Iowa law specifies a report will be considered valid even if it does not contain all of the following information:

 

• name, age, and home address of the child;
• name and home address of the parent(s,) guardian(s) or other person(s) believed to be responsible for the care of the child;
• the child's present whereabouts if not the same as the parent'(s), guardian(s), or other person'(s) home address;
• Nature and extent of injuries, including evidence of previous injuries;
• name, age, and condition of other children in the same home;
• any other information considered helpful; and,
• name and address of the person making the report.

 

 

It is not the responsibility of employees to prove that a child has been abused or neglected.  Employees should not take it upon themselves to investigate the case or contact the family of the child.  The Iowa Department of Human Services is responsible to investigate any incident of alleged abuse.

 

 

 

Date of Adoption/Revision:           

July 2007

August 2013

October 2016

June 2017

November 2020

 

  

 

 

 

Iowa Department of Human Services

REPORT OF SUSPECTED CHILD ABUSE

 

This form may be used as the written report which the law requires all mandated reporters to file with the Department of Human Services following an oral report of suspected child abuse.  If your agency has a report form or letter format which includes all of the information requested on this form, you may use the agency format in place of this form.

 

Fill in as much information under each category as is known.  Submit the completed form to the local office of the Department of Human Services within 48 hours of oral report.

 

FAMILY INFORMATION

 

Name of Child               Age                          Date of Birth

 

 

 

Address:

           

 

Phone                          School                          Grade Level

 

 

                         

Name of parent or guardian                          Phone (if different from child’s)

 

            

Address (if different from child’s)

 

 

 

OTHER CHILDREN IN THE HOME

 

 

NAME                          BIRTH DATE                          CONDITION

 

 

 

 

 

 

INFORMATION ABOUT SUSPECTED ABUSE

In this section, indicate the date of suspected abuse; the nature, extent and cause of the suspected abuse; the person(s) thought to be responsible for the suspected abuse; evidence of previous abuse; and other pertinent information needed to conduct the investigation.  Use the back of this form if necessary to complete the information requested above and to identify individuals who have been informed of the child abuse report, such as building administrator, supervisor, etc.

                         

REPORTER INFORMATION

 

Name and title or position:

 

 

Office Address:

 

 

Phone                          Relationship to child

 

              

 

Names of other mandatory reporters who have knowledge of the abuse:

 

 

                       

 

Signature of Reporter:                          Date:

 

 

 

 

 

Iowa Department of Human Services

REPORT OF SUSPECTED CHILD ABUSE

470-0665 (Rev. 10/06)