Jerome Joint School District No. 261

PERSONNEL 5260

Abused and Neglected Child Reporting

The personal safety and welfare of each child is of paramount concern to the Board of Trustees, employees and

patrons of the School District. It is of particular importance that employees within the District become

knowledgeable and thoroughly educated as to their legal and ethical responsibilities on observation and reporting

of suspected child abuse, child abandoned or child neglect. The supervisor shall review with staff the legal

requirements concerning suspected child abuse at the commencement of each year.

“Abuse” is defined in I.C. § 16-1602 of the Idaho Code as any case in which a child has been the victim of conduct or omissions resulting in skin bruising, bleeding, malnutrition, burns, fracture of any bone, subdural hematoma and soft tissue swelling.

Abuse is further defined as any case in which a child has been the victim of “sexual conduct including rape,

molestation, incest, prostitution, obscene or pornographic photographing, filming or depiction for commercial

purposes, or other similar forms of sexual exploitation harming or threatening the child's health or welfare or mental

injury to the child abandonment or neglect.”

"Abandoned" means the failure of the parent to maintain a normal parental relationship with his child including, but

not limited to, reasonable support or regular personal contact. Failure to maintain this relationship without just

cause for a period of one (1) year shall constitute prima facie evidence of abandonment. I.C. § 16-1602(2).

"Neglected" means a child: Who is without proper parental care and control, or subsistence, education, medical or

other care or control necessary for his well-being because of the conduct or omission of his parents, guardian or

other custodian or their neglect or refusal to provide them; .... See I.C. § 16-1602(25).

A District employee who has reasonable cause to suspect that a student may be an abused, abandoned or

neglected child or who observes a child being subjected to conditions which would reasonably result in abuse,

abandonment or neglect shall report such a case to local law enforcement or the Department of Health and

Welfare within twenty four (24) hours.

The school district employees of the District shall notify their supervisor immediately of the report and case.

Any person who has reason to believe that a child has been abused, abandoned or neglected and, acting upon that belief, makes a report of abuse, abandonment or neglect as required in Idaho Code § 16-1605 shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any person who reports in bad faith or with malice is not entitled to immunity from any civil or criminal liability that might otherwise be incurred

or imposed. I.C. § 16-1606.

In addition, “any person who makes a report or allegation of child abuse, abandonment or neglect knowing the

same to be false or who reports or alleges the same in bad faith or with malice shall be liable to the party or parties

against whom the report was made for the amount of actual damages sustained or statutory damages of five

hundred dollars ($500), whichever is greater, plus attorney's fees and costs of suit. If the court finds that the

defendant acted with malice or oppression, the court may award treble actual damages or treble statutory

damages, whichever is greater.” I.C. § 16-1607

Any District employee who fails to report a suspected case of abuse, abandonment or neglect to the Department

of Health and Welfare or local law enforcement, or who prevents another person from doing so, may be civilly

liable for the damages proximately caused by such failure or prevention, and is guilty of a misdemeanor. The

employee will also be subject to disciplinary action up to and including termination.

Legal Reference: I.C. § 16-1605 Reporting of Abuse, Abandonment or Neglect

I.C. § 16-1606 Immunity

I.C. § 16-1607 Reporting in Bad Faith-Civil Damages

I.C. § 16-1602 Definitions

Policy History:

Adopted on: 03/25/2008

Revised on: 10/25/2022