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Sunday, August 18, 2013

Looking for Mr. Trump

Does MCPS need to evaluate its policy on reporting and investigating allegations of child abuse?

Simple answer is NO.  

Maryland laws specify that suspected child abuse is to be reported to the local child protective services.  Educators, like health professionals, are considered mandatory reporters - that means, they are required by state law to report.

Here is the Maryland State Law concerning the obligation of educators to report suspected child abuse in the County.


MARYLAND STATUTES AND CODES

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

    § 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.]  

    So why is Mr. Tofig saying MCPS is reviewing their policies?   It's great to review policies, but we have a state law that obviously isn't followed in MCPS land.  This one isn't like the illegal school fees masquerading as school supplies or other laws that MCPS seems to think don't apply in Lake Wobegon on the Potomac.  Kids are getting hurt.  At New Hampshire Estates Elementary, at Kemp Mill, and at other schools throughout the county.  Even in ever-so-green Wootton Cluster, child abuse is a problem, and hiding behind a school system "policy" is bogus.

    Here is the phone number for Montgomery County Child Protective Services:

    Service(s):Children's Protective ServicesTarget Population:Abused Children
    Information Number:240-777-4417Location(s):

    News Flash.   We know that Dr. Starr and Mr. Tofig may think that state laws don't apply in Montgomery County.  You should follow the advice of the Donald, and tell your counsel:

    YOU'RE FIRED!


    2 comments:

    1. Where a State law or regulation applies to MCPS, MCPS includes it in the MCPS Policies and Regulation Handbook with the suffix, "EA."
      http://www.montgomeryschoolsmd.org/departments/policy/sect-c.shtm

      The MCPS Policies Handbook, however, does not appear to include as an "EA" section 5-704 of the Maryland Family Law that is discussed in this blog post. So MCPS could start by adding it.

      Subsection CO may be a good place as it is titled "School Visitors, Trespasser, and Disorders on MCPS Property," and includes as "EAs" State laws dealing with Reporting Delinquent Acts (COB-EA), Trespassing on School Property (COC-EA), and Deadly Weapons on School Property (COE-EA).

      Subsection CO of the MCPS Policies and Regulation Handbook does already have regulation COB-RA, titled Reporting A Serious Incident,and includes reporting a sexual assault on any person, but the reporting is only within MCPS and to the community. Regulation COB-RA does not address the reporting required by section 5-704 of the Maryland Family Law of sexual assaults on children to MoCo Child Protective Services.

      So why not add section 5-704 as an EA in the Handbook? No need to try to make up a policies or a "protocol." The Maryland General Assembly already has.

      ReplyDelete
    2. please correct blog post: it's New Hampshire Estates ES. Thanks!

      ReplyDelete

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