Policy 1030 Implementation Procedures - Child Abuse and Neglect

School principal or the Superintendent/designee

Executive Director of Schools/designee and the Department of Employee and Labor Relations (if a HCPSS employee, contractor or volunteer are accused)

Designated staff from the Department of Student Well-Being;

DSS;

Howard County Department of Police, Child Abuse Section or Adult Protective Services, and;

State’s Attorney for Howard County

The principal will permit DSS and the police to question a student who is an alleged victim or a non-victim witness of abuse and/or neglect on school premises during the school day, whether or not the student has already been interviewed, in an investigation involving suspected abuse and/or neglect as required by the Family Law Article of the Annotated Code of Maryland.

The principal will determine, after consultation with the individual from DSS or the police, whether a school official should be present during questioning. The school official should be selected, with input from the victim, on a case-by-case basis for the purpose of providing support and comfort to the student who will be questioned. All questioning of the victim or the non-victim witness must be done by the police or representative of DSS.

Parental notification regarding a report or interview is determined by DSS or the police, in consultation with the principal/designee, to ensure that such a disclosure does not compromise the investigation or well-being of the student.

A student may not be removed from the school grounds for questioning or medical investigation without parental approval unless DSS has guardianship or an authorization for shelter care to remove the student or unless there is a medical emergency which is caused by suspected abuse and/or neglect. Such an authorization need not be in hand but will be verified by telephone. Removal from school grounds requires prompt notification of the student’s parents. This is not discretionary. When a student is removed, the principal/designee will ensure that prompt notification of the removal is made to parents. By mutual agreement, such notification may be delegated to DSS or the police, but responsibility for ensuring that prompt notification occurs is that of the principal.

HCPSS employees, contractors, or volunteers will collaborate with DSS and the police to provide support to alleged victims of abuse and/or neglect as well as students who report abuse and/or neglect.

School counselors, school psychologists, pupil personnel workers, social workers, school-based Child Abuse Liaisons, nurses, and other appropriate HCPSS employees are available to provide support and counseling to students who come forward to report or confirm allegations of abuse and/or neglect.

If a child asks to call/contact their parent, HCPSS staff may assist them with the communication. Once the child notifies their parent, the HCPSS staff member must notify the child abuse liaison so they can inform DSS.

A school-based Child Abuse Liaison may request a Multi-Disciplinary Team meeting to share or obtain information, or to discuss concerns, to the extent permitted by the confidentiality statute in order to coordinate planning services to the student. School-based Child Abuse Liaisons and other appropriate HCPSS school-based employees are expected to participate in the team meetings in accordance with the procedures established between DSS and HCPSS. School-based Child Abuse Liaisons may also request information outside of the Multi-Disciplinary Team meeting in order to coordinate planning services to the student.

Under a court order; or

Under an order of an administrative law judge, if the request for disclosure concerns a case pending before the Office of Administrative Hearings and provisions are made to comply with other state or federal confidentiality laws and to protect the identity of the reporter or other person whose life or safety is likely to be endangered by disclosure; and

To personnel of local or state departments of social services, law enforcement personnel, and members of a Multi-Disciplinary Team, who are investigating a report of known or suspected abuse and/or neglect or who are providing services to a student or family that is the subject of the report;

To a licensed practitioner who, or an agency, institution, or program which provides treatment or care to a student who is the subject of a report of abuse and/or neglect for a purpose relevant to the provision of the treatment or care (HCPSS school-based employees are covered under this provision in accordance with Maryland regulation);

To a parent or other individual who has permanent or temporary care and custody of a student, if provisions are made for the protection of the identity of the reporter or any other person whose life or safety is likely to be endangered by disclosing the information;

To the Superintendent for the purpose of carrying out appropriate personnel or administrative actions following a report of suspected abuse and/or neglect involving a student committed by:

There will be no internal investigation of the allegations until the police or DSS have completed their investigation or have provided authority for the school system to initiate its investigation.

To the extent that some preliminary inquiry must be made to determine what action should be taken by the school system on an interim basis, the inquiry may be pursued only with the permission of law enforcement authorities and DSS.

The State’s Attorney makes a separate determination as to whether to bring criminal charges.

The school system’s investigation can proceed when permission is granted by DSS and the police. To the extent possible, the system’s investigation should make use of police reports, statements, and other information obtained in accordance with the Annotated Code of Maryland, Human Services Article, Section 1-202, to preclude repetitive questioning of alleged victims and witnesses.

The primary purpose of the HCPSS investigation is to determine if there is evidence of HCPSS employee, contractor, or volunteer misconduct. In addition, the investigation should determine whether the matter was reported in a manner consistent with the law and HCPSS policy and procedures.

Establish a case file.

Ensure that communication with DSS and the police is established as appropriate.

If a HCPSS employee’s assignment involves access to students, reassign the employee to remove such access. An exception may be made and employees may be retained in their positions in those instances where there is significant, credible information that reassignment is not warranted. Reassignment may be considered at any time during investigations by DSS, the police, or HCPSS of the allegations.

Restrict the contractor, temporary staff, or volunteer’s access to students or discontinue their services until the investigation is complete.

Where necessary, ensure that the HCPSS employee, contractor, or volunteer is notified only of the details pertinent to the reassignment or discontinuation of services. When such notification occurs, care must be taken not to discuss the allegation in order to ensure that the integrity of the investigation is not compromised.

Ensure that the Howard County Board of Education is informed of allegations against the HCPSS employee, contractor, or volunteer and provide the Board with periodic status reports. In the case of a contractor, the appropriate official of the contractor’s business (where applicable) must also be notified, following the cautions in Section IV.F.3.e.

Oversee any internal investigation.

Present findings and a recommendation to the Superintendent/designee.

In cases where discipline of a HCPSS employee is considered, the Superintendent/designee will hold a due process meeting with the employee to advise the employee of the charges and present an opportunity for response. The Superintendent/designee will respond to allegations of misconduct by an employee in accordance with Policy 7030 Employee Conduct and Discipline.

In implementing discipline procedures, the Superintendent/designee will confer with the policy department/States attorneys’ office regarding whether employee action would jeopardize any pending law enforcement investigation or prosecution.

A certificated HCPSS employee is subject to having their license suspended or revoked if the employee knowingly fails to report suspected child abuse and/or neglect, is dismissed or resigns after notice of allegation of misconduct involving a student in any school system or any minor, is dismissed or resigns after notice of allegations of child sexual abuse, receives certain criminal dispositions or pleads guilty or nolo contendere with respect to various offenses involving a student or minor, and for other causes in accordance with COMAR 13A.12.06.02.

In the case of contractors, after the investigation is complete, the Superintendent/designee will make a decision whether to continue services.

If a contractor or volunteer pleads guilty, nolo contendere, receives probation before judgment, or is convicted of a crime with respect to abuse and/or neglect, services will be discontinued.

The Superintendent will report misconduct under this standard by non-certificated HCPSS employees or contractor to any appropriate certification or licensing boards.

In every case of allegations of abuse and/or neglect against HCPSS employees, contractors, or volunteers, the Superintendent/designee will notify the Board with a summary of the 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.