401.15-R - Regulations Regarding Child Abuse Reporting by Licensed Personnel

The Code of Iowa requires licensed school personnel to report to the Department of Human Services all instances of suspected child abuse involving students.

The law further specifies that any licensed school personnel who knowingly or willfully fails to report a suspected case of child abuse is guilty of a simple misdemeanor and may also leave the employee open to civil liability for the damages caused by their failure to report.

Iowa Code provides immunity from any liability, civil or criminal, to anyone participating in good faith in the making of a report or in the judicial proceedings that may result from the report.

Child Abuse Defined: Child abuse or abuse means harm occurring through:

1. **Any non-accidental physical injury or injury that is at variance with the history given of it suffered by a child (that is any person under 18 years of age) as a result of the acts or omissions of a person responsible for the care of the child.
2.  **The commission of any sexual abuse with or to a child as defined by Chapter 709, Iowa Code, as a result of the acts or omissions of the person responsible for the child.
3. The failure on the part of a person responsible for the care of a child to provide for the adequate food, shelter, clothing, or other care necessary for the child's health and welfare when financially able to do so or when offered financial or other reasonable means to do so.

**Teachers in public schools are not “persons responsible for the care of the child” under these clauses. However, a teacher who abuses a child is subject to civil, criminal, and professional sanctions.

A parent or guardian legitimately practicing religious beliefs who does not provide specified medical treatment for a child for that reason alone shall not be considered abusing the child, however, a court may still order that medical services be given to the child if the child's health requires it.

Reporting Procedures: Iowa Code establishes reporting and investigation procedures for alleged cases of child abuse. All licensed school personnel, nurses, teachers, coaches, and paraeducators are mandatory reporters as provided by law and are to report alleged incidents of child abuse, they become aware of within the scope of their professional duties.

When a mandatory reporter suspects a student is the victim of child abuse the mandatory reporter is required to orally report within 24 hours to the Iowa Department of Human Services when the person “reasonably believes a child has suffered from abuse.” The requirement to report is mandatory. Within 48 hours of filing the oral report, a written report must be forwarded to the Iowa Department of Human Services.

Each report should contain as much of the following information as can be obtained within the time limit:

• Name, age, and address of the suspected, abused child
• Name and address of parents/guardians or persons legally responsible for child’s care
• Description of injuries, including evidence of previous injuries
• Name, age, and condition of other children in the home
• The child's whereabouts if different from parents/guardians or persons legally responsible for the child
• Any other information considered helpful
• Name and address of person making the report

The law specifies that a report will be considered valid even if it does not contain all of the above information.

It is not the responsibility of school personnel to prove that a child has been abused or neglected. School personnel should not take it upon themselves to investigate the case or contact the family of the child to ask questions or make any kind of judgment. The Iowa Department of Human Services has the responsibility to follow up on the report.

Adopted: 7/79
Reviewed: 12/11; 4/13; 9/14; 4/20; 4/23
Revised: 12/16
Related Policy: Series 401; 401.15; 505.52; 505.52-R
Legal Reference (Code of Iowa): §§ 232.67-77; 232A; 235A; 280.17; 441 IAC 9.2; 155; 175
IASB Reference: 402.02-03