School Reports and Child Welfare Services
Understanding how child welfare services (CWS) interact with educators is key for families in California. All too often, parents receive a shocking, dread-inducing call; someone from your child’s school has contacted CWS and reported suspected abuse or neglect.
How does this happen? Has there been a mistake? What triggered a report being filed? What will this mean for you and your family?
In California, teachers, school counselors, administrators, and staff are all what are called “mandated reporters.” This means that a part of their job is reporting suspected child abuse or neglect. This is a legal requirement, meaning that if they did not report while having this suspicion, they themselves could get into trouble. The educators’ role is not to investigate or confirm anything, merely to report the suspicion to CWS. CWS will then investigate.
Who Are Mandated Reporters?
California law requires certain professionals to report suspected child abuse or neglect. Some of those required to do so include:
- Teachers
- School counselors and therapists
- School principals and administrators
- Nurses and health aides
- Classroom aides
- Coaches and extracurricular staff
- Bus drivers and other school employees
It is important to understand that a report does not mean that the individual has concrete evidence of definite abuse. That is not the requirement, nor what is being reported. These individuals are required to report a “reasonable suspicion” that abuse, neglect, or harm may be occurring. Once that threshold is met, in order to meet their duty as a mandatory reporter they must make a report to CWS or law enforcement.
If a mandated reporter fails to report they could face criminal penalties, civil liability, and a potential loss of employment. This can lead to employees erring on the side of caution, taking a “better safe than sorry” approach when reporting what they deem to be reasonably suspected abuse or neglect.
What Behaviors Might Trigger a CWS Report?
Children may unintentionally say or do things at school that can raise red flags for school staff. These statements could be real, or misunderstandings and stress could be in play.
Common triggers for reports to CWS from school staff include:
- Frequent or unexplained bruises, cuts, or other injuries
- Wearing the same clothes repeatedly or appearing dirty
- Extreme hunger, hoarding food, or sudden weight loss
- A child’s statements about abuse or neglect, including a fear of going home
- Frequent lateness or absences
- Inappropriate sexual behavior or comments
- Dramatic changes in mood or personality
- Chronic fatigue, such as falling asleep in class
It’s important to understand that schools are trained to look for patterns rather than isolated events. A single missed lunch or scraped knee probably won’t result in a report. But patterns or repeated instances of any of the above could lead school staff to make a report.
What Happens After a Report Is Filed?
Once a report is filed, CWS will review the report to determine whether an investigation should take place. If the criteria is met and an investigation deemed necessary, a caseworker may:
- Contact the school for more information
- Visit your home (announced or unannounced)
- Interview your child at school
- Interview you and other household members
- Review medical, school, and counseling records
- Inspect your home for safety issues
After these steps are taken, depending on the findings, CWS may:
- Close the case with no further action taken
- Offer voluntary services (such as support for parents)
- Open a formal juvenile dependency court case
- Make recommendations for temporary custody or visitation changes
If you are already in family court, CWS involvement with your child could influence custody proceedings, even if no formal court case is filed. Temporary loss of custody, orders for supervised visitation, requests for parenting evaluations, and mandated therapy or parenting classes are all potential consequences of a report of suspected abuse or neglect.
Contact Cardwell Steigerwald Young LLP
Contact the experienced San Francisco family law attorneys at Cardwell Steigerwald Young LLP to learn more about how our team can help you navigate through the legal system.
Source:
childwelfare.gov/resources/mandatory-reporting-child-abuse-and-neglect-california/
