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Reporting child abuse

As the school year begins, the Missouri NEA Legal Department gets many calls concerning the duty to report child abuse and neglect. In this article, I will attempt to answer some of the most commonly asked questions. Please remember, however, that if you have specific questions about this issue, you should contact your UniServ director.

Who is required by statute to report abuse or neglect?
As it relates to education employees, the duty to report applies to nurses or other health practitioners, social workers, teachers, principals or other school officials, or other persons with responsibility for the care of children. Although only those listed are required to report suspected abuse or neglect, the statute specifically provides that any other person who suspects abuse or neglect may also report. Therefore, even though the statute does not make it mandatory that a custodian report suspected abuse or neglect, it certainly does not prohibit a custodian from making such a report.

What should be reported?
The statute requires a report be made when a mandatory reporter suspects “that a child has been or may be subjected to abuse or neglect or observes a child being subjected to conditions or circumstances that would reasonably result in abuse or neglect.” This does not require the reporter to have “proof” of abuse or neglect. The reporter must have a reasonable suspicion that such may have occurred or may be occurring.

A child is defined as anyone under the age of 18 years. Therefore, if you have students over the age of 18, there is no mandatory duty to report, nor does the Children’s Division (formerly Division of Family Services) have the jurisdiction to investigate in those situations.

Abuse is defined as: “any physical injury, sexual abuse, or emotional abuse inflicted on a child other than by accidental means..., except that discipline including spanking, administered in a reasonable manner, shall not be construed to be abuse.” Neglect is defined as “failure to provide...the proper or necessary support, education as required by law, nutrition or medical, surgical, or any other care necessary for the child’s well-being.”

To whom should I report?
In the case of education employees who are mandatory reporters, the statute requires the employee to report his or her suspicions to “the person in charge or a designated agent” immediately.

All education employees should be familiar with their districts’ policies on this topic. Some districts have a specific person designated as the individual to whom such reports should be made. It is usually the principal or the school nurse or counselor. If the district has not designated a person to act in this capacity, the employee should make the report to the principal.

Once the employee has reported to the designated agent or the person in charge, the employee’s duty to report has been satisfied. There is no need to make a further report to the Children’s Division. However, nothing in the statute precludes the employee from making a further report.

In all situations, the employee who suspects abuse or neglect should always keep documentation regarding to whom they reported their suspicions and when.

What happens if I don’t report my suspicions?
When a mandatory reporter fails to report suspected abuse or neglect, he or she is guilty of a class A misdemeanor, which means he or she could be sentenced to up to one year in the county jail and/or a $1,000 fine.

Remember, if the education employee has reported the suspected abuse or neglect to the person in charge or the designated agent, he or she has fulfilled his or her duty. If the designated agent or person in charge then fails to report to the Children’s Division, that person is the one who has failed to meet the statutory obligation.

There are Missouri court cases that have found that a mandatory reporter who has failed to report suspected abuse or neglect cannot be found liable in a civil lawsuit filed by or on behalf of a child who is the victim of abuse. Therefore, a mandatory reporter who does not fulfill his or her duty to report can be sentenced to jail or fined, but cannot be ordered to pay civil damages to the victim of the abuse.

If you find yourself in a situation where you suspect a child is being abused or neglected, remember that it is always better to err on the side of reporting.

by Jacquie Shipma
MNEA manager of legal services