The Code of Iowa requires all licensed school employees, teachers, coaches, school nurses, para-educators, and all school employees 18 years of age or older to report to the Department of Human Services all instances of suspected child and dependent adult abuse involving students. The law further specifies that all licensed school employee, teachers, coaches, school nurses, para-educators, and all school employees 18 years of age or older 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 judicial proceedings that may result from the report.
CHILD ABUSE DEFINED
Child abuse or abuse means harm occurring through:
- Any non-accidental physical injury or injury that is at variance with the history given of it suffered by a child (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; or
- The commission of any sexual abuse with or to a child as defined by Chapter 709 of the Iowa Code as a result of the acts or omissions of the person responsible for the child.
Teachers in public schools are not considered 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.
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. A parent/legal guardian legitimately practicing religious beliefs who does not provide specified medical treatment for a child for that reason alone will 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
The Iowa Code establishes reporting and investigation procedures for alleged cases of child abuse. All licensed school employees, teachers, coaches, school nurses, para-educators, and all school employees 18 years of age or older are required to orally report within 24 hours to the Department of Human Services when the person reasonably believes a child has suffered from abuse. Within 48 hours of the oral report, a written report must be forwarded to the 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 care;
- Description of injuries including evidence of previous injuries;
- Names, ages, and condition of other children in the home;
- Child’s whereabouts if different from parents/guardians or persons legally responsible for the child;
- Any other information considered helpful; and
- 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.
Board policy states that it is not the responsibility of school employees to prove that a child has been abused or neglected and that school employees 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 Department of Human Services has the responsibility to follow up on the report (Cedar Rapids Office: 319-892-6700).
Adopted: 7/79
Reviewed: 4/11; 4/12; 7/13; 10/14; 12/20
Revised: 8/02; 11/17; 10/23
Related Policy: 505.52
Legal Reference (Code of Iowa): §§ 232.67-77; 232A; 235A; 280.17; 441 IAC 9.2, 155, 175
IASB Reference: 402.02-.03