Protecting the children from abuse in schools

Did you know MCPS has a REGULATION on Child Abuse and Neglect? The Regulation has been around for 21 years. It was written in 1989. The Regulation is very clear on how suspected child abuse incidents are to be handled. 

Any employee of the Montgomery County Public Schools who has reason to believe that a child has been abused and/or neglected shall report this suspicion at once to Protective Services of the Department of Social Services which maintains 24-hour telephone service and/or to the Youth Division of the Montgomery County Police Department.

The REGULATION is based on the MCPS POLICY that is based on Maryland State LAW (shown in full below). 


And what does the MCPS REGULATION say about a failure to follow the reporting requirement? 

Failure to Report

Any staff member who suspects child abuse and/or neglect and fails to report it violates MCPS policy and state law and is subject to suspension or dismissal for misconduct in office.

Local schools have additional instructions in the PRINCIPAL'S HANDBOOK section on Child Abuse, Neglect and Mental Injury which instructs school staff: 

If you suspect child abuse, neglect, and/or mental injury, do not conduct a formal interview with the child.

And don't miss this instruction to local school staff:

Investigation and determination of the maltreatment is the responsibility of Child Welfare Services and/or the police, not school employee.

Now parents know what Maryland law requires of local school staff in the event that there is suspicion of abuse of a child, and parents know who would be in charge of any investigations. 

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Here's the Maryland State LAW on reporting of child abuse or neglect:

§ 5-704. Reporting of abuse or neglect - By health practitioner, police officer, educator or human service worker.

(a) In general.- Notwithstanding any other provision of law, including any law on privileged communications, each health practitioner, police officer, educator, or human service worker, acting in a professional capacity in this State:

(1) (i) who has reason to believe that a child has been subjected to abuse, shall notify the local department or the appropriate law enforcement agency; or

(ii) who has reason to believe that a child has been subjected to neglect, shall notify the local department; and

(2) if acting as a staff member of a hospital, public health agency, child care institution, juvenile detention center, school, or similar institution, shall immediately notify and give all information required by this section to the head of the institution or the designee of the head.

(b) Oral and written reports; cooperation among departments and agencies.-

(1) An individual who notifies the appropriate authorities under subsection (a) of this section shall make:

(i) an oral report, by telephone or direct communication, as soon as possible:

1. to the local department or appropriate law enforcement agency if the person has reason to believe that the child has been subjected to abuse; or

2. to the local department if the person has reason to believe that the child has been subjected to neglect; and

(ii) a written report:

1. to the local department not later than 48 hours after the contact, examination, attention, or treatment that caused the individual to believe that the child had been subjected to abuse or neglect; and

2. with a copy to the local State's Attorney if the individual has reason to believe that the child has been subjected to abuse.

(2) (i) An agency to which an oral report of suspected abuse is made under paragraph (1) of this subsection shall immediately notify the other agency.

(ii) This paragraph does not prohibit a local department and an appropriate law enforcement agency from agreeing to cooperative arrangements.

(c) Contents of report.- Insofar as is reasonably possible, an individual who makes a report under this section shall include in the report the following information:

(1) the name, age, and home address of the child;

(2) the name and home address of the child's parent or other person who is responsible for the child's care;

(3) the whereabouts of the child;

(4) the nature and extent of the abuse or neglect of the child, including any evidence or information available to the reporter concerning possible previous instances of abuse or neglect; and

(5) any other information that would help to determine:

(i) the cause of the suspected abuse or neglect; and

(ii) the identity of any individual responsible for the abuse or neglect.

[1987, ch. 635, § 2; 1989, ch. 730, §§ 1, 2; 1997, chs. 367, 368; 1998, ch. 21, § 1; 2000, ch. 61, § 1; 2003, ch. 308.]