5016 Department of Human Services, Law Enforcement, or Mental Health Provider Interviews on School Premises
In accordance with Oklahoma law, teachers and other district employees are required to report to the Department of Human Services suspected cases of physical abuse or neglect involving students. The Board of Education fully supports that requirement and has established this policy to facilitate such reporting.
The following reporting procedures are to be implemented by all Union Public School personnel:
Notification to the Department of Human Services of child abuse should be made by telephone, in writing, or in person. The following provisions are stipulated:
A. Any report must be made in good faith.
B. No privilege or contract shall relieve any person from the requirement of reporting.
C. No employer, supervisor, or administrator shall impede or inhibit the reporting obligations.
D. No employer, supervisor, or administrator shall retaliate against a person who, in good faith, provides child abuse reports or information, or who testifies in a proceeding regarding child abuse.
Requirements:
A. DHS may conduct an interview and examination of the child at any reasonable time and at any place including, but not limited to, the child’s school. School personnel will obtain documentation of the name and identification of DHS personnel conducting the interview. If requested by a DHS representative, an administrator may be present during an interview.
B. Any DHS records must be kept in a confidential file in the principal’s office and transmitted in the same manner as special education records and are subject to FERPA policy.
C. Access to such records may be made available by the principal to a person designated to assist in the treatment of, or with services provided to, the child.
D. These records must be destroyed when the child reaches eighteen years of age.
E. Whenever a child transfers from one school district to another, the building principal must forward to the receiving school all reports of sexual abuse and severe physical abuse received from DHS.
F. The building principal must also notify DHS of the child’s new school and address, if known.
G. All DHS reports should be reported to the Director of Security by the principal and the Director of Security will inform Law Enforcement.
State statutes on child abuse reporting require all of the following to report promptly to the county office of the Department of Human Services in the county in which the suspected injury occurred:
A. Physician or surgeon, including doctors of medicine and dentistry, licensed osteopathic physician, residents and interns, examining, attending, or treating a child under the age of eighteen;
B. Registered nurse examining, attending, or treating such a child in absence of a physician or surgeon;
C. Teacher of any child under the age of eighteen;
D. Other person having reason to believe that a child under the age of eighteen years has had physical injury or injuries inflicted upon him/her by other than accidental means where the injury appears to have been caused as a result of physical abuse, sexual abuse, or neglect.
It is a misdemeanor for any person to knowingly and willfully fail to promptly report any incident of suspected abuse. The person who has direct information about the abuse, or the person in whom the child has confided, is responsible for filing the report within 48 hours. The report must contain the following information:
A. Child’s name, birth date, school, grade.
B. List of sibling(s).
C. Name of adult(s) with whom child resides.
D. Parent/guardian’s name, address, phone number, place of employment, and work phone number.
E. Nature and extent of child’s injury, including any evidence of previous injuries.
F. Description of circumstances.
G. Documentation of the school nurse’s examination of the injuries.
H. Documentation of the name of the DHS personnel contacted, date, and time of contact.
I. Documentation of the name and badge number of the police officer, if the child requires transportation to shelter or a physician.
J. Signatures of school personnel filing report.
The Child Abuse Reporting form is available at each site.
Any person participating in good faith and exercising due care in the making of a report, or any person allowing access to a child by a person authorized to investigate a report concerning the child, shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from such report.
Any person who knowingly and willfully makes a false report, or makes a report that the person knows lacks factual foundation, may be reported by the Department of Human Services to local law enforcement for criminal investigation and, upon conviction thereof, shall be guilty of a misdemeanor.
LAW ENFORCEMENT
Should it become necessary for a properly identified member of a law enforcement agency to talk to a student and/ or school personnel during the school day, the following procedures should be observed to assist law enforcement officers and to protect the rights of pupils and parents:
A. All properly identified law enforcement personnel will coordinate all business through the principal’s office or the security director’s office.
B. If requested by a law enforcement officer an administrator or designee may be present during an interview.
C. School personnel will obtain documentation of the name and badge number of law enforcement officers at the time of the interview.
MENTAL HEALTH PROVIDERS
A. Except with prior permission of the Superintendent, third party mental health providers may not conduct student interviews or provide therapy to a student during school hours or on school property unless specified on a student’s Individual Education Plan (IEP) program.
Revised 6/10/96
Revised 12/8/97
Revised 12/13/99
Revised 12/12/11
Revised 12/9/13
Revised 12/14/15
Revised 12/10/18
Revised 12/13/21