402.02R1 - Child Abuse Reporting Regulation

Iowa law requires all licensed and general personnel school district employees to report to the Iowa Department of Human Services (DHS) instances of suspected child abuse they become aware of within the scope of their professional duties.

A licensed or general personnel employee who knowingly or willfully fails to report a suspected case of child abuse if guilty of a simple misdemeanor, may be subject to civil liability for damages caused by the failure to report and shall be subject to disciplinary action by the board up to and including termination.

Employees are immune from liability if, in good faith, they made a report of child abuse, are involved in an investigation thereof and/or participate in a judicial proceeding concerning such a report.

 

Child Abuse Defined

“Child Abuse” is defined as:

• Any nonaccidental physical injury, or injury which is at variance with the history given of it, suffered by a child as the result of the acts or omissions of a person responsible for the care of the child.
• The commission of a sexual offense with or to a child…as a result of the acts or omissions of the person responsible for the child… Sexual offense includes sexual abuse, incest, and sexual exploitation of a minor.
• The failure on the part of a person responsible for the care of a child to provide for the adequate food, shelter, clothing, or other care necessary for the child’s welfare when financially able to do so.  A parent or guardian legitimately practicing religious beliefs who does not provide specified medical treatment for a child for that reason alone shall not be considered abusing the child.
• The acts or omissions of a person responsible for the care of a child which allow, permit or encourage the child to engage in acts prohibited pursuant to Iowa Code, section 725.1 which deals with prostitution.

      Teachers in public schools are not “persons responsible for the care of the child” under this definition.  However, a teacher who abuses a child is subject to civil, criminal, and professional sanctions.

Reporting Procedures

When any licensed or general personnel employee, (including administrators, teachers and school nurses), within the scope of their professional duties, reasonably believes a child has suffered from child abuse must report that suspicion to the Iowa Department of Human Services (DHS) within 24 hours of the initial report, the employee must file a written report with DHS.

Each report should contain as much of the following information as can be obtained within the time limit.  However, the law specifies a report will be considered valid even if it does not contain all of the following information:

• name, age, address of the child;
• name, address of parents, guardians or other persons believed to be responsible for the care of the child;
• the child’s present whereabouts if not the same as the parent’s or other person’s home address;
• description of injuries, including evidence of previous injuries;
• name, age, and condition of other children in the home;
• any other information considered helpful; and
• name, address of person making the report.

District employees have no responsibility to prove that a child has been abused or neglected.  Employees should not take it upon themselves to investigate the case or contact the family of the child.  DHS is responsible for investigating the incident of alleged abuse.