400-413 Mandated Reporting Neglect, Physical, Sexual Abuse
HIBBING PUBLIC SCHOOLS
INDEPENDENT SCHOOL DISTRICT 701
BOARD POLICY 413
SERIES: 400 Employees/Personnel
SUBJECT: 413 Mandated Reporting of Child Neglect or Physical or Sexual Abuse
(Note: This policy reflects the law regarding mandatory reporting of maltreatment of minors and is not discretionary in nature.)
The following definitions shall be used to clarify this policy:
- “Child” means a person under age 18.
- "Immediately” means as soon as possible but no longer than 24 hours.
- “Mandated Reporters” means any school personnel who knows or has reason to believe a child is being neglected or physically or sexually abused, or has been within the preceding three years.
- “Neglect” means failure by a person responsible for a child’s care to supply a child with necessary food, clothing, shelter, or medical care when reasonably able to do so, failure to protect a child from conditions or actions which imminently and seriously endanger the child’s physical or mental health when reasonably able to do so, or failure to take steps to ensure that a child is educated in accordance with state law. Neglect does not include spiritual means or prayer or treatment or care of disease where the person responsible for the child’s care in good faith has selected such means for treatment or care of disease, except where the lack of medical care may cause imminent and serious danger to the child’s health.
- “Physical Abuse” means any physical or mental injury, or threatened injury, inflicted by a person responsible for the child’s care other than by accidental means, or any physical or mental injury that cannot reasonably be explained by the child’s history of injuries. (“Mental Injury” means an injury to the psychological capacity or emotional stability of a child as evidenced by an observable or substantial impairment in the child’s ability to function within a normal range or performance and behavior with due regard to the child’s culture.)
- “School Personnel” means professional employee or professional’s delegate of the school district who provides health, educational, social, psychological, law enforcement, or child care services.
- “Sexual Abuse” means the subjection of a child by a person responsible for the child’s care, or by a person in a position of authority to any act which constitutes a violation of Minnesota statutes prohibiting criminal sexual conduct. Such acts include sexual penetration as well as sexual contact. Sexual abuse also includes any act involving a minor which constitutes a violation of Minnesota statutes prohibiting prostitution, or use of a minor in a sexual performance. Sexual abuse includes threatened sexual abuse. (Threatened injury means a statement, overt act, condition, or status that represents a substantial risk of physical or sexual abuse or mental injury.)
The school district requires school personnel to report suspected child neglect or physical or sexual abuse to the appropriate police department, sheriff department, or local welfare agency in compliance with Minnesota statute.
It shall be a violation of this policy for any school personnel to fail to report instances of child neglect, or physical or sexual abuse when the school personnel knows or has reason to believe a child is being neglected or physically or sexually abused or has been neglected or physically or sexually abused within the preceding three years.
Reporting and investigation procedures shall be maintained in the school district.
M.S. 626.556 et seq. (Reporting of Maltreatment of Minors)