Abused and Neglected Child Reporting
The personal safety and welfare of each child is of paramount concern to the Board of Directors, employees, and patrons of the RISE Charter School. It is of particular importance that employees within the School become knowledgeable and thoroughly educated as to their legal and ethical responsibilities regarding observation and reporting of suspected child abuse, child abandonment, or child neglect. The Executive Director shall review with staff the legal requirements concerning suspected child abuse at the commencement of each year.
“Abuse" is defined in I.C. § 16-1602 of the Idaho Code as any case in which a child has been the victim of conduct or omissions resulting in skin bruising, bleeding, malnutrition, burns, fracture of any bone, subdural hematoma, or soft tissue swelling. Abuse is further defined in I.C. 16-1602 to include sexual conduct including rape; molestation; incest; prostitution; obscene or pornographic photographing, filming, or depiction for commercial purposes; or other similar forms of sexual exploitation harming or threatening the child's health or welfare or mental injury to the child. Abuse also includes abandonment and neglect.
"Abandoned" is defined as the failure of the parent to maintain a normal parental relationship with his or her child including, but not limited to, reasonable support or regular personal contact. Failure to maintain this relationship without just cause for a period of one year is evidence of abandonment.
"Neglected" means a child:
Who is without proper parental care and control, or subsistence, education, medical or other care or control necessary for his well-being because of the conduct or omission of his parents, guardian or other custodian or their neglect or refusal to provide them with these items; -I.C. § 16-1602(25).
A RISE Charter School employee who has reasonable cause to suspect that a student may be an abused, abandoned, or neglected as defined above or who observes a child being subjected to conditions which would reasonably result in abuse, abandonment, or neglect shall report or cause to be reported such a case to local law enforcement or the Department of Health and Welfare within 24 hours.
Employees of the RISE Charter School shall notify their supervisor immediately of the case. The supervisor shall immediately notify the Executive Director or his or her designee, who shall also, in turn, report or caused to be reported the case to local law enforcement or the Department of Health and Welfare.
Any person who has reason to believe that a child has been abused, abandoned, or neglected and, acting upon that belief, makes a report of abuse, abandonment, or neglect as required in Idaho Code § 16-1605 is immune from any liability, civil or criminal, that might otherwise be incurred or imposed. Any person who reports that a child has been abused, abandoned, or neglected in bad faith or with malice is not entitled to immunity from any civil or criminal liability that might otherwise be incurred or imposed, per I.C. § 16-1606.
In addition, according to I.C. § 16-1607:
Any person who makes a report or allegation of child abuse, abandonment, or neglect knowing the same to be false or who reports or alleges the same in bad faith or with malice shall be liable to the party or parties against whom the report was made for the amount of actual damages sustained or statutory damages of five hundred dollars ($500), whichever is greater, plus attorney's fees and costs of suit. If the court finds that the defendant acted with malice or oppression, the court may award treble actual damages or treble statutory damages, whichever is greater.
Any RISE Charter School employee who fails to report a suspected case of abuse, abandonment, or neglect to the Department of Health and Welfare or local law enforcement, or who prevents another person from doing so, may be civilly liable for the damages proximately caused by such failure or prevention, and is guilty of a misdemeanor. The employee will also be subject to disciplinary action up to and including termination and if the employee is a certificated professional employee, reporting to the Professional Standards Commission for possible violation of the Code of Ethics for Idaho Professional Educators.
Legal References:
I.C. § 16-1602 Child Protective Act: Definitions
I.C. § 16-1605 Child Protective Act: Reporting of Abuse, Abandonment or Neglect
I.C. § 16-1606 Child Protective Act: Immunity
I.C. § 16-1607 Child Protective Act: Reporting in Bad Faith-Civil Damages
I.C. § 33-5204A Applicability of Professional Codes and Standards – Limitations upon Authority
I.C. § 33-5210 Application of School Law – Accountability – Exemption from State Rules
IDAPA 08.02.04.300 Public Charter School Responsibilities
Policy History:
Adopted on: July 12, 2021
Revised on:
Reviewed on: