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Policy 1030 – Child Abuse and Neglect

The purpose of this policy is to establish guidelines and monitoring requirements for ensuring that HCPSS employees, contractors, and volunteers, working in their professional capacities, recognize and report abuse and/or neglect of a child in accordance with the Annotated Code of Maryland as well as State and local mandates.

Policy Document

Implementation Procedures

I. Policy Value Statement

It is the responsibility of the Howard County Public School System (HCPSS) to provide a safe, engaging and supportive school environment for all students. The Board of Education of Howard County (Board) affirms its position that all children have the right to be protected from abuse and/or neglect. The Board recognizes the responsibility of HCPSS to ensure that employees, contractors, and volunteers are able to recognize and report instances of abuse and/or neglect of children. The Board further acknowledges the necessity for the school system to collaborate with the Howard County Department of Social Services (DSS).

II. Purpose

III. Standards

Target Population

This policy exists to protect all children when they come to the attention of HCPSS employees, contractors, and volunteers for possible suspicion of child abuse and/or neglect.
Reporting Responsibility of Individual HCPSS Employees, Contractors, or Volunteers

HCPSS employees, contractors, and volunteers will comply with requirements for reporting abuse and/or neglect of children.
1. Any HCPSS employee, contractor, or volunteer must make an oral report of suspected abuse and/or neglect of a child as soon as possible, despite any other provision of law including any law on privileged communications. The employee, contractor, or volunteer who suspects the abuse and/or neglect is personally responsible for ensuring that a report is made. If an individual has any doubt about whether to report suspected abuse and/or neglect, the individual will err on the side of reporting the allegation.
  1. The oral report must be made as soon as possible to DSS on business days, or the police on non-business days or hours.
  2. The HCPSS employee, contractor, or volunteer must also notify the principal or, if the principal is the alleged abuser, the Director of Schools, that a report of suspected abuse and/or neglect has been made. See Section III.E. if the allegations involve a HCPSS employee, contractor, or volunteer.
  3. Upon notification, the principal or Director of Schools must make certain that an accurate and complete oral report is made as soon as possible and without modification to the proper authorities.
2. The person making an oral report of abuse and/or neglect must submit a written report within 48 hours to DSS after the initial report that disclosed the existence of possible abuse and/or neglect. The principal or the Director of Schools must make certain that this report is submitted. The form entitled “Report of Suspected Child Abuse/Neglect/Mental Injury” is to be used.
3. The HCPSS employee, contractor, or volunteer is required to report any suspected instance of abuse and/or neglect:
  1. Whether the alleged victim is personally known by the reporting individual or not. Thus, a report must be made even if there is no direct knowledge or contact with the alleged victim.
  2. Whenever there is reason to believe that abuse and/or neglect occurred in the past, even if the alleged victim is an adult when the incident comes to light.
  3. That is alleged to have occurred in this State, as well as suspected abuse and/or neglect of a child who lives in this State, regardless of where the suspected abuse and/or neglect is alleged to have occurred. A report must be made to any county DSS in Maryland if the alleged victim lives out of State and the suspected abuse and/or neglect occurred out of State and has come to light in Maryland.
4. Immunity
  
  Any person who in good faith makes or participates in making a report of abuse and/or neglect or who participates in an investigation or a resultant judicial proceeding is immune from any civil liability or criminal penalty that would otherwise result from making a report of abuse and/or neglect, or participating in an investigation or a resultant judicial proceeding.
  1. No employee of the school system may prevent or discourage other HCPSS employees, contractors, or volunteers from making reports of abuse and/or neglect. The school system will protect employees, contractors, and volunteers from dismissal or other reprisals/retaliation for making a good faith report and/or participating in an investigation of abuse and/or neglect.
  2. When a case of suspected abuse and/or neglect has been reported, HCPSS employees, contractors, and volunteers are prohibited from taking any action which may intimidate the alleged victim or non-victim witness, or which may prejudice the outcome of the case.
  3. All persons are required by law to protect the identity of the reporter unless required by court order to reveal the source.
  4. Students who may be victims or witnesses of abuse and/or neglect, will be protected by the school system from intimidation, harassment, or reprisals/retaliation by other students, HCPSS employees, contractors, volunteers, and members of the community to the extent possible.
Confidentiality of School System Records and Reports Concerning Abuse and/or Neglect

Abuse and/or neglect records and reports will be maintained in a confidential manner and in accordance with State law.
1. Disclosure
  
  All records and reports concerning abuse and/or neglect and their outcomes are protected by Maryland law. Unauthorized disclosure of such records is a criminal offense. Information contained in reports or records concerning abuse and/or neglect may be disclosed only by DSS or the police.
2. Abuse and/or Neglect and Student Records
  1. Abuse and/or neglect reports are not part of the educational record. These electronic files will be stored securely with limited access. The reports are not subject to the disclosure and other requirements of the Federal Education Rights and Privacy Act (FERPA). No school records relating to matters of abuse and/or neglect will be available for inspection by parents. However, HCPSS employees should be aware that in subsequent court action, the court might determine that such records are material to the case and thus subject to subpoena.
  2. Information contained in school health records that is needed during the existence of a health and safety emergency may be disclosed without parental consent and without violating provisions of FERPA.
  3. HCPSS employees are required to provide copies of a student’s medical/health records information, upon request to DSS, as needed as part of an abuse and/or neglect investigation (Investigative Response) or to provide appropriate services in the best interest of a student who is the subject of a report of abuse and/or neglect (Alternative Response).
  4. If principals become aware that students are subjects of investigations of abuse and/or neglect and have withdrawn and/or moved out of their schools’ service areas within three (3) months of the initiation of an investigation, the principal will notify DSS.
  5. Certified copies of relevant custody decrees or civil protection orders provided by parents are placed in the student’s cumulative record so that the school system can comply with pertinent stipulations contained within the order, in the instances where HCPSS becomes aware of a danger to the student of possible abduction, abuse, and/or neglect.
3. HCPSS Employee Records
  
  All records and reports of abuse and/or neglect involving a HCPSS employee, contractor, or volunteer will be stored securely with limited access.
4. Retention of Records
  1. The storage, retention, and destruction of all records related to students will adhere to the guidelines outlined in the Maryland State Department of Education Student Records Manual, Policy 3050 Records Management, Policy 9050 Student Records, and HCPSS procedures.
  2. The results of the employee/contractor/volunteer investigation will specify which records should be preserved permanently and which are deemed temporary and can be destroyed after the required period of time when they become obsolete.
Suspected Abuse and/or Neglect Investigations

HCPSS employees, contractors, or volunteers will cooperate with DSS and the police in investigations of suspected abuse and/or neglect.
1. Validation of suspected abuse and/or neglect is the responsibility of DSS and the police.
2. HCPSS school-based employees, contractors, or volunteers should not place undue pressure on students when considering whether abuse and/or neglect is suspected and should not pressure students to recant any allegations of abuse and/or neglect in alignment with HCPSS policy.
3. Once it is determined that a report is required, the investigation will be conducted by DSS. HCPSS employees, contractors, and volunteers must not discuss the case with the alleged victim or attempt to conduct any internal investigation or independent review.
4. HCPSS employees are prohibited, in general, from taking action that prejudices the ongoing case, such as giving an indication to the alleged offender of the report of suspected abuse and/or neglect.
Allegations of Abuse and/or Neglect Against a HCPSS Employee, Contractor, or Volunteer
1. The process for addressing allegations of abuse and/or neglect that involve a HCPSS employee, contractor, or volunteer will adhere to appropriate State law and the Investigation of Reports of Abuse and Neglect Involving Children Memorandum of Understanding.
2. The purpose of the HCPSS investigation is to determine if there is evidence of misconduct including whether this matter was reported in a manner consistent with the law and HCPSS policy and procedures.
Consequences for Failure to Report Actual Knowledge of Abuse and/or Neglect
1. Contractors and Volunteers
  1. Knowing failure to report suspected abuse and/or neglect in violation of the reporting requirements by a contractor or volunteer may result in prohibition to work or volunteer with the school system.
  2. If a contractor or volunteer is providing services in a role that qualifies them as a mandated reporter and they knowingly fail to provide the required oral or written report, the contractor or volunteer is guilty of a misdemeanor. Upon conviction, they will be subject to a fine not exceeding $10,000 or imprisonment not exceeding three (3) years or both.
2. HCPSS Employees
  1. Any HCPSS employee who knowingly fails to report suspected child abuse, child neglect, or child sexual abuse as required by State law will be subject to disciplinary action, up to and including termination of employment.
  2. Knowing failure to report on the part of HCPSS employees will be communicated to the appropriate certification or licensing agency and will request suspension or revocation of the license. Any license issued under the State Board of Education’s regulations may be suspended or revoked by the State Superintendent.
  3. In every case of allegations of failure to report child abuse and/or neglect against HCPSS employees, the Superintendent/designee will notify the Board with a summary of allegations, the finding, the decision regarding discipline, and the rationale. Specific details should be limited in order to ensure that the employee receives appropriate due process in the event that disciplinary actions are imposed or recommended and the employee appeals to the Board of Education.
  4. A HCPSS employee who knowingly fails to provide the required oral or written report is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding three (3) years or both.
Multi-Disciplinary Team

HCPSS will collaborate with DSS and be actively involved in Multi-Disciplinary Team meetings which may include, but is not limited to, representatives from the following agencies:
1. Office of Law
2. Law enforcement
3. Hospital/Medical/Public Health
4. Education
5. Mental Health/Psychological/Psychiatric Services
6. Private Social Services Providers
7. Domestic Violence/Sexual Assault Services
8. Licensing Agencies (of e.g. out-of-home care, child care)
9. Department of Juvenile Services
Professional Development

HCPSS will provide appropriate professional development to ensure that all employees conform to this policy.
1. Professional development will include notice that the law provides immunity from any liability or criminal penalty to all those who participate in good faith in the making of a report, in an investigation, or any judicial proceedings resulting from such a report.
2. Prior to beginning any HCPSS related work, all contractors and volunteers will complete training regarding recognizing and reporting physical abuse, sexual abuse, neglect, and mental injury.
Parental and Student Notification and Educational Outreach

HCPSS will notify parents and students annually of the legal responsibility of all employees, contractors, or volunteers, to report suspected cases of abuse and/or neglect. The school system will also provide educational information to the community regarding abuse and/or neglect.

IV. Responsibilities

The Superintendent/designee will:
1. Ensure that all HCPSS employees, contractors, and volunteers report suspected abuse and/or neglect in accordance with the standards set forth herein.
2. Ensure that the school system has procedures to protect the identity of persons reporting abuse and/or neglect of students.
3. Ensure that investigations of HCPSS employees, contractors, and volunteers are conducted in accordance with this policy and the Investigation of Reports of Abuse and Neglect Involving Children Memorandum of Understanding.
4. Provide annual notification to HCPSS employees, contractors, volunteers, students, and families of this policy.
5. Designate HCPSS employees to conduct investigations involving allegations against employees, contractors, and volunteers in accordance with policy.
6. Designate a HCPSS employee to serve as the custodian of the file regarding school system employee records. This person will review and maintain the information on school system employees, contractors, and volunteers, of any status, who become the subject of investigations involving abuse and/or neglect, or who fail to report abuse and/or neglect. The custodian of the file will provide statistical data to the Department of Student Well-Being.
7. Ensure that, where appropriate, actions to decertify a certificated HCPSS employee, or to revoke the license of a licensed employee, will be initiated.
8. Report to the Board regarding the status and disposition of all cases of allegations of abuse and/or neglect against HCPSS employees, contractors, and volunteers, as well as any disciplinary action taken as a result of failure to report.
Principals and direct supervisors will:
1. Ensure that neither students nor individuals under their supervision are subjected to retaliation or harassment as a result of this policy.
2. Make certain that an accurate and complete oral report is made as soon as possible and without modification to the proper authorities, upon notification by a HCPSS employee, contractor, or volunteer of suspected abuse and/or neglect, and that a written report is made within 48 hours.
3. Designate a school-based Child Abuse Liaison who will serve as the liaison between the school and the HCPSS Child Abuse Liaison and/or DSS and/or the police and participate, as needed, on Multi-Disciplinary Team meetings.
4. Ensure that school-based records and reports concerning abuse and/or neglect are confidential and are stored securely with limited access.
5. Notify DSS or law enforcement agencies if they become aware that students who are subjects of investigations of abuse and/or neglect have withdrawn and/or moved out of their schools’ service areas within three (3) months of the initiation of an investigation.
The Department of Student Well-Being will:
1. Provide updated information regarding this policy, including phone numbers, to all schools and offices.
2. Assist with professional development, training, and educational outreach efforts towards HCPSS employees, contractors, and volunteers, students, families, and the community.
HCPSS employees, contractors, and volunteers will make oral reports as soon as possible and written reports within 48 hours of abuse and/or neglect of a student in accordance with this policy.
School-based Child Abuse Liaisons will:
1. Communicate with the HCPSS Child Abuse Liaison, DSS, and/or the police.
2. Coordinate support for students who are suspected of being abused and/or neglected.
3. Participate in meetings of the Multi-Disciplinary Team as needed.
The custodial parent or other person obtaining an order (not HCPSS) will provide the school with any protective order which terminates or limits the non-custodial parent’s or any other person’s right of access to the student.

V. Delegation of Authority

The Superintendent is authorized to develop appropriate procedures for the implementation of this policy within the limits set forth by this policy.

VI. Definitions

Within the context of this policy, the following definitions apply:

Abuse
1. Abuse means any physical or mental injury of a child, by any parent, adoptive parent, family or household member, school system employee, contractor, volunteer, or other person who has permanent or temporary care or custody or responsibility for supervision of the child, under circumstances that indicate that the health or welfare of the child is harmed or at substantial risk of being harmed; or sexual abuse of a child.
2. Sexual abuse means any sexual act or acts whether physical injuries are sustained or not involving sexual molestation or exploitation, including but not limited to incest, rape, or sexual offense in any degree, sodomy or unnatural or perverted sexual practices on a child by a parent, adoptive parent, family, or household member, school system employee, contractor, volunteer, or other person who has the permanent or temporary care, custody, or responsibility for supervision of a minor child. Sexual abuse includes, but is not limited to, contact or conduct with a child ranging from exposure, voyeurism, sexual advances, kissing, or fondling to sexual crime in any degree; rape, sodomy, prostitution, human trafficking; or allowing, permitting, or encouraging a child to engage in obscene photography, films, poses, or similar activity; pornographic photography, films, poses, or similar activity; or prostitution.
Child – Any person under the age of 18, including individuals aged 18-22 who are unable to provide for their own daily needs due to physical or mental impairment.
Contractor – A person providing goods and/or services through a legally binding agreement.
Cumulative Record – The official collection of student educational records maintained by HCPSS documenting the student’s enrollment, academic progress, services, and other information required by law and policy.
Educational Record – Records that are directly related to a student and that are maintained by an educational agency or institution or a party acting for or on behalf of the agency or institution. These records include but are not limited to grades, transcripts, class lists, student course schedules, health records, and student discipline files. The information may be recorded in any way, including, but not limited to, handwriting, print, computer media, videotape, audiotape, film, microfilm, microfiche, and e-mail.
Family or Household Member – A person who lives with, or is a regular presence in a home of a child, at the time of the alleged abuse and/or neglect. Regular presence in a household means visiting or staying in a home with sufficient frequency to make an individual a significant part of the child’s or family’s life.
HCPSS Child Abuse Liaison – Staff member that collaborates with DSS and serves as the co-chair for the Multi-Disciplinary Team meetings. Also supports the training of School-Based Liaisons.
HCPSS Employee – Any individual who is a permanent or temporary employee of the HCPSS whose compensation is paid in whole or part by the Board, including but not limited to, school-based administrators, teachers, substitute teachers, paraeducators, and other school-based and Central Office support staff.
Health and Safety Emergency – Emergency incidents that threaten the safety or health of HCPSS students and employees.
Intimidation – Subjection to intentional action that seriously threatens and induces a sense of fear and/or inferiority which adversely affects one’s ability to participate in or benefit from the educational or work setting.
Mental Injury – The observable, identifiable, and substantial impairment of a child’s mental or psychological ability to function.
Multi-Disciplinary Team (MDT) – A collaborative group of professionals from various disciplines who provide consultation, coordination, and planning for children and families at risk of child maltreatment and who may require services or intervention. The team meets to discuss whether any form of support or response is appropriate, including DSS involvement, family supports services, or clinical services available within the community. Co-chaired by DSS and the Howard County Public School System, the Multi-Disciplinary Team may include, but is not limited to, representatives from the following agencies:
1. Office of Law
2. Law enforcement
3. Hospital/Medical/Public Health
4. Education
5. Mental Health/Psychological/Psychiatric Services
6. Private Social Services Providers
7. Domestic Violence/Sexual Assault Services
8. Licensing Agencies (e.g. out-of-home care, child care)
9. Department of Juvenile Services
Neglect – The leaving of a child unattended or other failure to give proper care or attention, or the provision of improper care or attention, to a child by any parent, school system employee, contractor, volunteer, or other person who has permanent or temporary care or custody or responsibility for supervision of the child under circumstances that indicate:
1. That the child’s health or welfare is harmed or placed at substantial risk of harm, or
2. Mental injury to the child or a substantial risk of mental injury.
Parent – Any one of the following, recognized as the adult(s) legally responsible for the student:
1. Biological parent – A natural parent whose parental rights have not been terminated.
2. Adoptive parent – A person who has legally adopted the student and whose parental rights have not been terminated.
3. Custodian – A person or an agency appointed by the court as the legal custodian of the student and granted parental rights and responsibilities.
4. Guardian – A person who has been placed by the court in charge of the affairs of the student and granted parental rights and responsibilities.
5. Caregiver – An adult resident of Howard County who exercises care, custody or control over the student, but who is neither the biological parent nor legal guardian, as long as the person satisfies the requirements of the Education Article, §7-101 (c) (Informal Kinship Care) or has been issued a U.S. Department of Health and Human Services’ Office of Refugee Resettlement (ORR) Verification of Release form entering into a custodial arrangement with the federal government.
6. Foster Parent – An adult approved to care for a child who has been placed in their home by a State agency or a licensed child placement agency as provided by the Family Law Article, §5-507.
Retaliation – The act or process of threatening or otherwise penalizing a person for reporting an alleged violation of policy or for participating in an investigation of an alleged violation.
School-based Child Abuse Liaisons – Student Services employees who serve as the liaison between the school and the HCPSS Child Abuse Liaison and/or the Department of Social Services (DSS) and receive additional annual training on Child Abuse Reporting. Liaisons are also responsible for collaborating with the student services team to request Multi-Disciplinary Team meetings.
Student – An individual enrolled in a public school system or non-public school in the State who is under 22 years of age.
Volunteer – Any individual who performs, without compensation, school-related duties or tasks similar to those performed by a school system employee.

VII. References

A. Legal

COMAR 13.A.08.01.13, Questioning on School Premises
COMAR 13A.12.05, Suspensions and Revocations of Certifications
Md. Ann. Code, Criminal Law Article, Section 3-601
Md. Ann. Code, Criminal Law Article, Section 3-604
Md. Ann. Code, Education Article, Section 6-202
Md. Ann. Code, Family Law Article, Title 5, Subtitle 7
Md. Ann. Code, Family Law Article, Title 14, Subtitle 3
Md. Ann. Code, Health General Article, Title 4, Subtitle 3, Section 306
Md. Ann. Code, Human Services Article, Section 1-202 and 1-203
Family Educational Rights and Privacy Act (FERPA)

B. Board Policies

C. Relevant Data Sources

D. Other

Howard County Public School System/Howard County Department of Social Services
Investigation of Reports of Abuse and Neglect Involving Children Memorandum of Understanding (Howard County Multi-Disciplinary Team)

VIII. History

ADOPTED: October 11, 1977

REVIEWED: December 13, 2024

MODIFIED:

August 14, 2014
September 8, 2016
December 5, 2019

REVISED:

July 25, 1991
May 28, 1992
June 27, 1996
January 26, 2006
September 24, 2026

EFFECTIVE: September 24, 2026

Policy History Key

Adopted-Original date the Board took action to approve a policy
Reviewed-The date the status of a policy was assessed by the Superintendent’s Standing Policy Group
Modified-The date the Board took action to alter a policy that based on the recommendation of the Superintendent/designee did not require a comprehensive examination
Revised-The date the Board took action on a that policy based on the recommendation of the Superintendent/designee needed a comprehensive examination
Effective-The date a policy is implemented throughout the HCPSS, typically July 1 following Board action.