BALTIMORE CITY PUBLIC SCHOOLS CIRCULAR NO. 30 …

[Pages:25]BALTIMORE CITY PUBLIC SCHOOLS BALTIMORE, MARYLAND 21202 Office of

The Superintendent of Public Instruction

CIRCULAR NO. 30 SERIES 1988-89

October 11, 1989

ADMINISTRATIVE HANDBOOK ADDITIONS AND REVISIONS

Procedures for Handling Suspected Abuse and Neglect of Students by School Personnel

TO: Associate Superintendents, Assistant Superintendents, Directors, Heads of Central Office Units, Principals

FROM: Richard C. Hunter, Superintendent of Public Instruction

Please take the following actions immediately to bring 'lour Administrative Handbook up to date:

1. OBSOLETE REGULATIONS (Remove from your Handbook)

Regulation No.

Subject

Date of Issue

No. of Pages

6.19

Suspected Abuse and Neglect 5/20/88

3

of Students by School

Personnel

2. ADDITION AND/OR REVISION

Place the following revised section in your Administrative Handb,jok.

Regulation No.

Subject

Date of Issue

No. of Pages

6.19

Suspected Abuse and Neglect 9/15/89

~

of Students by School

Personnel

3. Distr;i,bution to Staff Members

ALL STAFF, CLASSIFIED AND NON-CLASSIFIED MUST BE MADE AWARE OF THE CONTENTS OF THIS CIRCULAR, THROUGH POSTING AND NOTIFICATION THEREOF, AND/OR THROUGH THE DISTRIBUTION OF INDIVIDUAL COPIES. IN ADDITION, DISCUSSIONS ARE TO BE HELD IN FACULTY MEETINGS.

For additional information regarding this Administrative Handbook section. please contact the associate superintendent, Bureau of Instruction, on 6-8813.

/pamg

BCPS - 6.19

EFFECTIVE 9/15/89

(1)

Procedures for Handling Suspected Abuse and

Neglect of Students by School Personnel

Background

Staff of the Baltimore City Public Schools and professionals in the field of education and other fields have been concerned about the escalating number of reports of children who allege abuse at the hands of those who have responsibility for their supervision. A review of reports of alleged abuse and neglect has revealed that many incidents could have been avoided. Antecedents to the charges which have been made against BCPS employees by parents, students, and other staff, have included

--professionally immature or inappropriate classroom behavior exhibited Ly the teacher or administrator (i.e. as severe verbal harassment, or inappropriate discipline such as denial of lunch)

--questionable judgment demonstrated in handling disciplinary actions (such

as lengthy after-school detentions, prolonged periods of standing)

--poor communication between the home and school, including conflict-ridden

interpersonal relationships

--use of corporal punishment in violation of school board policy

Cautions concerning appropriate professional behavior and the handling of students should be discussed with all staff persons who have contacts with the school-aged population.

Procedures

The Baltimore City Public Schools and the Baltimore City Department of Social Services have developed a communication system so that the superintendent of schools will be informed of Social Services' investigations into alleged child abuse and neglect by staff persons in schools.

A very small percentage of school system employees has been reported to the Protective Services Unit of the Baltimore City Department of Social Services as alleged perpetrators of these crimes. Child abuse is a felony. and under certain conditions. the suspect is subject to arrest. Both police officers and protective services' social workers investigate cases of suspected physical and sexual abuse of students. Normally, only protective services' workers investigate cases of suspected neglect. Complaints of both suspected abuse and suspected neglect have been fileJ, naming as the responsible persons, educational, classified, and paraprofessional employees as well as substitutes.

Marylands state law permits disclosure to school administrators, for adequate cause, of the results of investigations of school system employees. Pertinent legal references include the following sources:

- -Annotated Code of Maryland Family Law 5-701 et seq --Annotated Code of Maryland Family Law 5-901 et seq --COMAR-Chapter .07.02.07--Protective Services for Abused and Neglected

Children

, BCP3 - 6.19 EFFECTIVE 9/15/89 ( 3 )

(2 ) The determination that abuse is "indicated" does not require a court conviction for the crime of child abuse or the existence of proof sufficient to obtain such a conviction. In making this determination, the local department shall consider the follm.ing:

(a) Explanations of the incident under investigation are inconsistent or do not match the developmental age and capabilities of the child; or

(b) There is a history of prior unexplained injuries in the school en'/lron ment which may indicate patterns of violence; or

(c) Information gathereJ in an assessment of risk for the child and other children in that setting.

B. Unsubstantiated Child Abuse. An "unsubstantiated" report of child abuse 15 one which does not meet the criteria established for an "indicated" finding. In choosing this disposition, the worker shall document the extent to which any of the following factors apply to the situation:

(1) There is no physical injury; or

(2) There is no credible account of the alleged abuse by the suspected vi ct im or a witness; or

(J) There IS no indication of past injury or sexual abuse; or

(4-) There is credible evidence that injuries have been accidentally caused; GT

(5) There is credible evidence that the child's health or welfare was not

significantly harmed nor at risk of being significantly harmed: or

(6) There is credible evidence that the injury or sexual abuse was caused by a person other than the person in the school environment who bas temporary care or responsibility for supervision of a child.

(7) It is not possible to complete the investigation due to an inability t o gain access to the child or to obtain relevant facts regarJing the incident.

"Indicated" Child Neglect As Applied to School Personnel. "Indicated" child neglect means that there is credible and specific evidence. which has not been satisfactorily refuted. that a child's health or Helfare has been gjgniJicantl'! harmed and/or placed at risk of significant harm as a result of

(1) Conditions created by leaving a chilJ unattendeJ by the person who has temporary care or responsibility for supervision of a child in the school environment.

(2) The failure of that person to give the usual care and attention expected for a child in the school environment.

D. "Unsubstantiated" Child Neglect. An "Unsubstantiated" report of child neglect is one which does not meet the criteria established for an "inJicated" findin~. In

REQUEST FOR SUPERINTENDENT 'S SIGNATURE I APPROVAL COMMENT S IS U~'llVlARY OF DOCU l'rIENT

Approval by Associate Superintendent

Signature

Phone:

Room No.

BALTmOHE CITY PUBLIC SCHOOLS

BALTIMORE, MARYLAND 21202 OFFICE OF

THE SUPERINTENDENT OF PUBLIC INSTRUCTION

CIRC1JLAR NO.

SERIES 1988-89

ADMINISTRATIVE HANDBOOK ADDITIONS AND REVISIONS

Procedures for Handling Suspected Abuse and Neglect of Students by School Personnel

TO: Associate Superintendents, Assistant Superintendents, Directors, Heads of Central Office Units, Principals

FROM: Richard C. Hunter, Superintendent of Public Instruction

Please take the following actions iIrunediately to bring your Administrative Handbook up to date:

1. OBSOLETE REGULATIONS (Remove from your Handbook)

Regulation No.

Subject

Date of Issue

No. of

~

6.19

Suspected Abuse and Neglect 5/88

3

of Students by School

Personnel

2. ADDITION AND/OR REVISION

Place the following revised section 1n your Administrative Handbook.

Regulation No.

Subject

Date of No. of

Issue

Pages

6.19

Suspected Abuse and Neglect 9/20/89

~

of Students by School

Personnel

3. Dist.ribution to Staff Members

ALL STAFF, CLASSIFIED AND NON-CLASSIFIED MUST BE MADE AWARE OF THE CONTENTS OF THIS CIRCULAR, THROUGH POSTING AND NOTIFICATION THEREOF, AND/OR THROUGH THE DISTRIBUTION OF INDIVIDUAL COPIES. IN ADDITION, DISCUSSIONS ARE TO BE HELD IN FACULTY MEETINGS.

For additional information regarding this Administrative Handbook section, please contact the associate superintendent, Bureau of Instruction, on 6-8813.

/pamg

BCPS - 6.19

EFFECTIVE (1)

Procedures for Handling Suspected Abuse and

Neglect of Students by School Personnel

Background

Staff of the Baltimore City Public Schools and professionals in the field of education and other fields have been concerned about the escalating number of reports of children who allege abuse at the hands of those who have responsibility for their supervision. A review of reports of alleged abuse and neglect has revealed that many incidents could have been avoided. Antecedents to the charges which have been made against BCPS employees by parents, students, and other staff, have included:

--professionally immature or inappropriate classroom behavior exhibited by

the teacher or administrator (such as severe verbal harassment, denial of

lunch)

--questionable judgment demonstrated in handling disciplinary actions (such

as lengthy after-school detentions, prolonged periods of standing)

--poor communication between the home and school, including conflict - ridden

interpersonal relationships

--use of corporal punishment in violation of school board policy

Cautions concerning appropriate professional behavior and the handling of students should be discussed with all staff persons who have contacts with the school-aged population.

Procedures

The Baltimore City Public Schools and the Baltimore City Department of Social Services have developed a communication system so that the superintendent of schools will be informed of Social Services' investigations and the results of alleged child abuse and neglect by staff persons in schools.

A very small percentage of school system employees has been reported to the Protective Services Unit of the Baltimore City Department of Social Services as alleged perpetrators of these crimes. Child abuse is a felony. and under certain conditions. the suspect is subject to arrest. Both police officers and protective services' social workers investigate cases of suspected physical and sexual abuse of students. Normally, only protective services' workers investigate cases of suspected neglect. Complaints of both suspected abuse and suspected neglect have been filed, naming as the responsible persons, educational, classified, and paraprofessional employees as well as substitutes.

Maryland State law permits disclosure to school administrators, for adequate cause, of the results of investigations of school system employees. Pertinent legal references include the following sources:

--Annotated Code of Maryland Family Law 5-701 et seq --Annotated Code of Maryland Family Law 5-901 et seq --COMAR-Chapter .07.02.07--Protective Services for Abused and Neglected

Children

BCPS - 6,19

EFFECTIVE

(2 )

--Article 88Ab, Social Services Administration--Child Abuse and Neglect Records and Reports

--Social Services Administration--Protective Services Manual 03,01,01 --Investigations in Child Care Institutions and Group Day Care

Settings

Department of Social Services' Decisions

The Department of Social Services will communicate its findings to the Office of the Superintendent, the alleged perpetrator, and the parent of the child who allegedly was abused or neglected. Also, the Department of Social Services will send a complete yITitten report of the findings to the local state's attorney's office and the police department in abuse allegations, Based upon Department of Social Services findings, the superintendent will take appropriate administrative actions as needed and delineated in school board policies, administrative handbook procedures, and/or contract agreements,

Code of t1aryland Regulations guide the local Department in its findings of "Indicated" or "Unsubstantiated", Based on its investigation, the local Department shall determine whether a report of suspected child abuse or neglect is found to be "Indicated" or "Unsubstantiated":

A. Indicated Child Abuse.

(1) An "Indicated" report of child abuse means one in which there is credible and specific evidence, which has not been satisfactorily refuted, that:

(a) Physical injury has occurred and was most likely caused by a parent (including any stepparent or foster parent) or other person who has permanent or temporary care, guardianship, or custody or responsibility for supervision of a child, or by any household or family member under circumstances that indicate the child's health or welfare is significantly harmed and the nature, extent, or location of the injury make non accidental means the likely cause; or

(b) Physical injury has occurred and was not likely caused by a parent (including any stepparent or foster parent) or other person who has permanent or temporary care, guardianship, or custody or responsibility for supervision of a child, or by any household or family member under circumstances that indicate the child's health or welfare is at risk of significant harm and the nature, extent, or location of the injury make non-accidental means the likely cause; or

(c) Sexual abuse of a child occurred and was most likely caused by a parent (including any stepparent or foster parent) or other person who has permanent or temporary care, guardianship, or custody or responsibility for supervision of a child, or by any household or family member; or

(d) There are physical or behavioral indications that a child has been sexually abused, including but not limited to, genital trauma, pregnancy, sexually transmitted disease, and patterns of behavior typically associated with sexual abuse.

BCPS - 6.19 EFFECTIVE

(3 )

(2) The determination that abuse is "indicated" does not require a court conviction for the crime of child abuse or the existence of proof sufficient to obtain such a conviction. In making this determination, the local department shall consider the following;

(a) Explanations of the incident under investigation are inconsistent over time, or do not match the developmental age and capabilities of the child; or

(b) There is a history of prior unexplained injuries in the household or family which may indicate patterns of domestic violence.

(c) Information gathered in an assessment of risk for the child and their family (except in cases of child abuse in an out-of-home setting).

B. Unsubstantiated Child Abuse. An "unsubstantiated" report of child abuse ~s one which does not meet the criteria established for an "indicated ll finding. In choosing this disposition, the worker shall document the extent to which any of the following factors apply to the situation:

(1) There ~s no physical injury; or

(2) There is no credible account of the alleged abuse by the suspected victim or a witness;

(3) There ~s no indication of past injury or sexual abuse; or

(~) There ~s credible evidence that injuries have been accidentally caused;

(5) There is credible evidence that the child's health or welfare was not

significantly harmed nor at risk of being significantly harmed; or

(6) There is credible evidence that the injury or sexual abuse was caused by a person other than a parent (including any stepparent or foster parent) or other person who has permanent or temporary care, guardianship, or custody or responsibility for supervision of a child, or by any household or family member.

(7) It is not possible to complete the investigation due to an inability to gain access to the child or to obtain relevant facts regarding the incident.

C. Indicated Child Neglect. "Indicated" child neglect means that there is credible and specific evidence, which has not been satisfactorily refuted, that a child's health or welfare has been significantly harmed and/or placed at risk of significant harm as a result of:

(1) Conditions created by the leaving of a child unattended by the child's

parents, guardian or custodian; or

(2) The failure of the child's parents, guardian or custodian to give proper care and attention to the child.

D. Unsubstantiated Child Neglect. An "Unsubstantiated" report of child neglect ~s one which does not meet the criteria established for an lIindicated" finding. In

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