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FFG (TSBVI) – Student Welfare: Abuse, Neglect, Exploitation, and Improper Child Care Incidents

Purpose

This policy is to ensure that TSBVI staff shall report in accord with this policy and/or all applicable laws regarding suspected human trafficking, abuse, neglect, exploitation, and improper care of students. The Family Code designates TSBVI as an investigating agency for incidents alleged to have occurred at the School. The School shall investigate all reports of suspected abuse, neglect, and exploitation, and reports of suspected improper care that might rise to the level of abuse, neglect, or exploitation. The primary purposes of this policy is to protect students from harm and to ensure compliance with Texas Family Code and corresponding state rules and regulations. Because of TSBVI students’ common vulnerabilities, a higher standard of care and reporting is required at TSBVI, which includes reporting suspected “improper child care”. Family Code 261.003, .401

Scope

The law imposes a duty on everyone, from ordinary citizens to relatives, teachers, doctors, lawyers, and religious officers, to report suspected child abuse or neglect under penalty of criminal prosecution for the failure to do so. This policy applies to all situations in which a report regarding possible abuse, neglect, exploitation, or improper care of a student is required, regardless of the age of the student.

Situations where a student has allegedly acted improperly towards another student shall be dealt with under any applicable law and other TSBVI policies and procedures.

Policy and Program to Address Sexual Abuse, Trafficking, and Maltreatment

A district shall provide child abuse antivictimization programs in elementary and secondary schools. Education Code 38.004

TSBVI shall adopt and implement a policy addressing sexual abuse, sex trafficking, and other forms of maltreatment of children, to be included in the district improvement plan [see Policy BQ] and the handbook provided to students and parents. Education Code 38.0041(a)

The policy included in any informational handbook provided to students and parents must address the following:

  1. Methods for increasing staff, student, and parent awareness of issues regarding sexual abuse, trafficking, and other forms of maltreatment of children, including prevention techniques and knowledge of likely warning signs indicating that a child may be a victim;
  2. Actions that a child who is a victim of sexual abuse, trafficking, or other maltreatment should take to obtain assistance and intervention; and
  3. Available counseling options for students affected by sexual abuse, trafficking, or other maltreatment.

19 TAC 103.1401(d)(3)

Definitions

Child Abuse

“Abuse” includes the following acts or omissions by a person:

  1. Mental or emotional injury to a child that results in an observable impairment in the child’s growth, development; or psychological development;
  2. Causing or permitting the child to be in a situation in which the child sustains a mental or emotional injury that results in an observable impairment in the child’s growth, development; or psychological development;
  3. Physical injury that results in substantial harm to the child or the genuine threat of substantial harm from physical injury to a child, including an injury that is at variance with the history of explanation given and excluding an accident or reasonable discipline by a parent, guardian, or managing or possessory conservator that does not expose the child to a substantial risk of harm;
  4. Failure to make a reasonable effort to prevent an action by another person that results in physical injury that results in substantial harm to the child;
  5. Sexual conduct harmful to a child’s mental, emotional or physical welfare, including conduct that constitutes the offense of continuous sexual abuse of a young child or disabled individual under Penal Code 22.011, or aggravated sexual assault under Penal Code 22.021;
  6. Failure to make a reasonable effort to prevent sexual conduct harmful to a child;
  7. Compelling, filming, or encouraging the child to engage in sexual conduct as defined by Penal Code 43.01, compelling or urging the child that constitutes an offense of trafficking of persons under Penal Code 20A.02(a)(7) or (8), solicitation of prostitution under Penal Code 43.021, or compelling prostitution under Penal Code 43.05(a)(2);
  8. Causing, permitting, encouraging, engaging in, or allowing the photographing, filming, or depicting of the child if the person knew or should have known that the resulting photograph, film, or depiction of the child is obscene as defined by Penal Code or pornographic.
  9. The current use by a person of a controlled substance as defined Health and Safety Code Chapter 481, in a manner or to the extent that the use results in physical, mental or emotional injury to a child;
  10. Causing, expressly permitting, or encouraging a child to use a controlled substance as defined by Texas Health and Safety Code Chapter 481;
  11. Causing, permitting, encouraging, engaging in, or allowing a sexual performance by a child as defined by Penal Code 43.25;
  12. Knowingly causing, permitting, encouraging, engaging in or allowing a child to be trafficked in a manner punishable as an offense under Penal Code 20A.02(a)(5), (6), (7) or (8), or the failure to make a reasonable effort to prevent a child from being trafficked in a manner punishable as an offense under any of those sections; or
  13. Forcing or coercing a child to enter into marriage.

Abuse does not include the refusal by a person responsible for a child’s care, custody, or welfare to affirm a child’s perception of the child’s gender, including a refusal to use a child’s preferred name or pronouns, regardless of whether the child’s name has been legally changed, or to affirm a child’s expressed sexual orientation.

Neglect

“Neglect” means an act or failure to act by a person responsible for a child’s care, custody, or welfare, evidencing the person’s blatant disregard for the consequences of the act or failure to act that results in harm to the child or that creates an immediate danger to the child’s physical health or safety.

Neglect includes:

  1. The leaving of a child in a situation where the child would be exposed to an immediate danger of physical or mental harm, without arranging for necessary care for the child, and the demonstration of an intent not to return by a parent, guardian, or managing or possessory conservator of the child;
  2. The following acts or omissions by a person:
    1. Placing a child in or failing to remove a child from a situation that a reasonable person would realize requires judgment or actions beyond a child’s level of maturity, physical condition, or mental abilities, and that results in bodily injury or an immediate danger of harm to the child;
    2. Failing to seek, obtain, or follow through with medical care of a child, with the failure resulting in or presenting an immediate danger of death, disfigurement, or bodily injury or with the failure resulting in an observable and material impairment to the growth, development, or functioning of the child;
    3. The failure to provide a child with food, clothing, or shelter necessary to sustain the life or health of the child, excluding failure caused primarily by financial instability, unless relief services have been offered and refused;
    4. Placing the child in or failing to remove the child from a situation in which the child would be exposed to an immediate danger of sexual conduct harmful to the child; or
    5. Placing a child in or failing to remove the child from a situation in which the child would be exposed to acts or omissions that constitute abuse as defined above at items 5-9 committed against another child;
  3. The failure by the person responsible for a child’s care, custody, or welfare to permit the child to return to the child’s home without arranging for the necessary care for the child after the child has been absent from the home for any reason, including having been in residential placement or having run away; or
  4. A negligent act or omission by an employee, volunteer, or other individual working under the auspices of a facility or program, including failure to comply with an individual treatment plan, plan of care, of individualized service plan, that causes or may cause substantial emotional harm or physical injury to, or the death of, a child served by the facility or program as further described by rule or policy.

Neglect does not include:

  1. The refusal by a person responsible for a child’s care, custody, or welfare to permit the child to remain in or return to the child’s home resulting in the placement of the child in the conservatorship of the department if:
    1. The child has a severe emotional disturbance;
    2. The person’s refusal is based solely on the person’s inability to obtain mental health services necessary to protect the safety and well-being of the child; and
    3. The person has exhausted all reasonable means available to the person to obtain the mental health services described at item b, above;
  2. Allowing the child to engage in independent activities that are appropriate and typical for the child’s level of maturity, physical condition, developmental abilities, or culture; or
  3. A decision by a person responsible for a child’s care, custody, or welfare to:
    1. Obtain an opinion from more than one medical provider relating to the child’s medical care;
    2. Transfer the child’s medical care to a new medical provider;
    3. Transfer the child to another health care facility;
  4. The refusal by a person responsible for a child’s care, custody, or welfare to administer or consent to the administration of a psychotropic medication toe the child, or to consent to any other psychiatric or psychological treatment of the child, unless the refusal presents a substantial risk of death, disfigurement, or bodily injury to the child or results in an observable and material impairment to the growth, development, or functioning of the child;
  5. Choosing a recognized alternate health-care treatment or therapy for a child that could be considered as new, emerging, or nonstandard, unless the treatment or therapy presents a substantial risk of death, disfigurement, or bodily injury to the child or results in an observable and material impairment to the growth, development, or functioning of the child; or
  6. The refusal by a person responsible for a child’s care, custody, or welfare to affirm a child’s perception of the child’s gender, including a refusal to use a child’s preferred name or pronouns, regardless of whether the child’s name has been legally changed, or to affirm a child’s expressed sexual orientation.

Family Code 261.001(1), (1-a), (4)

Other Maltreatment

This term has the meaning assigned by Human Resources Code 42.0002.

Exploitation

“Exploitation” or “other maltreatment” means the illegal or improper use of a child or of the resources of a child served by a facility for monetary or personal benefit, profit, or gain by an employee, volunteer, or other individual working under the auspices of a facility as further described by rule or policy.

Trafficking of a Child

The definition of child abuse or neglect includes the trafficking of a child in accordance with Education Code 38.004.

19 TAC 103.1401(a)

Improper Care

“Improper Care” means any action or omission on the part of an employee, volunteer, or other individual working under the auspices of TSBVI that constitutes a seriously inappropriate action or omission, or a pattern of actions or omissions, which are contrary to school standards. Improper care adversely affects the student’s overall sense of safety, security, or well-being but does not pose the threat of bodily injury or a substantial risk of immediate harm to the student that would constitute abuse, neglect, or exploitation as those terms are defined in Texas Family Code 261.001. Improper care includes an inappropriate or unapproved verbal or physical method of interacting with or disciplining a student. Examples include but are not limited to participating in or knowingly permitting teasing, hazing, bullying, deprivation of food, and all forms of corporal punishment.

Duty to Report

Report by Any Person

Any person who has reasonable cause to believe that a child’s physical, or mental health, or welfare has been adversely affected by abuse or neglect by any person shall immediately make a report as required by law. Family Code 261.101(a)

Report by Any Professional

Any professional who has reasonable cause to believe that a child has been or may be abused or neglected shall make a report as required by law. The report must be made within 24 hours after the professional first has reasonable cause to believe that the child has been or may be abused or neglected, or is the victim of an offense of indecency with a child.

A professional may not delegate to or rely on another person to make this report.

A “professional” is a person who is licensed or certified by the state or who is an employee of a facility licensed, certified, or operated by the state and who, in the normal course of official duties for which a license or certification is required, had direct contact with children. The term includes teachers, nurses, doctors, day-care employees, juvenile probation officers, and juvenile detention or correctional officers.

Family Code 261.101(b)

Adult Victims of Abuse

A person or professional shall make a report in the manner required above if the person or professional has reasonable cause to believe that an adult was a victim of abuse or neglect as a child and the person or professional determines in good faith that the disclosure of the information is necessary to protect the health and safety of another child or an elderly person or person with a disability. Family Code 261.101(b-1)

Restrictions on Reporting

Psychotropic Drugs and Psychological Testing

An employee may not use or threaten to use the refusal of a parent, guardian, or managing or possessory conservator of any TSBVI student to administer or consent to the administration of a psychotropic drug to the student, or to consent to any other psychiatric or psychological testing or treatment of the student, as the sole basis for making a report of neglect, unless the employee has cause to believe that the refusal:

  1. Presents a substantial risk of death, disfigurement, or bodily injury to the student, or
  2. Has resulted in an observable and material impairment to the growth, development, or functioning of the student.

Education Code (Texas Education Code 26.0091; Texas Family Code 261.111(a) [See Policy FFAB]

Contents of Report Made to Outside Agencies

The report should reflect the reporter’s belief that a child has been or may be abused or neglected or has died of abuse or neglect. The individual making the report shall identify, if known:

  1. The name and address of the child;
  2. The name and address of the person responsible for the care, custody, or welfare of the child;
  3. The facts that caused the individual to believe the child has been abused or neglected, and the source of the information;
  4. The individual’s name and telephone number;
  5. The individuals:
    1. Home address; or
    2. If the individual is a professional as defined by Family Code 261.101(b) [see Report by Any Professional, above], the individual’s business address and profession; and
  6. Any other pertinent information concerning the alleged or suspected abuse or neglect.

Family Code 261.102, .104

Confidentiality of Report

A report of alleged or suspected abuse or neglect and the identity of the person making the report is confidential and not subject to release under Government Code Chapter 552 (Public Information Act) and may be disclosed only for purposes consistent with the Family Code and applicable federal or state law or under rules adopted by an investigating agency. Family Code 261.201(a)-(a)(1)

Unless waived in writing by the person making the report, the identity of an individual making a report under this chapter is confidential and may be disclosed only to a law enforcement officer for the purposes of a criminal investigation of the report, or as ordered by a court under Family Code 261.201. Family Code 261.101(d)

Internal reports of suspected abuse, neglect, exploitation or improper care will be kept confidential in accordance with applicable laws, but information will be shared as necessary with TSBVI administrators and investigators as necessary to conduct the required investigation.

Abuse and Neglect Involving Person Responsible for Care

If the alleged or suspected abuse or neglect involves a person responsible for the care, custody, or welfare of the child, the report must be made to the Texas Department of Family and Protective Services, unless the report is made to a state agency under item 4, below, including a report made through TSBVI’s procedure for reporting suspected Abuse, Neglect, Exploitation, or Improper Care.

All other reports shall be made to:

  1. A law enforcement agency;
  2. DFPS (Texas Department of Family and Protective Services), Child Protective Services (CPS) Division;
  3. A local office of CPS, where available; or
  4. The state agency that operates, licenses, certifies, or registers the facility in which the alleged abuse or neglect occurred. Including TSBVI

Family Code 261.103(a); 19 TAC 103.1041(b)(1)-(2)

“Law enforcement agency” means:

  1. The Department of Public Safety;
  2. The police department of a municipality;
  3. The sheriff’s office of a county; or
  4. A constable’s office or a county.

Family Code 261.001(3-a)

“Person responsible for a child’s care, custody, or welfare” means a person who traditionally is responsible for a child’s care, custody, or welfare, including:

  1. A parent, guardian, managing or possessory conservator, or foster parent of the child;
  2. A member of the child’s family or household as defined by Family Code Chapter 71;
  3. A person with whom the child’s parent cohabits;
  4. School personnel or a volunteer at the child’s school;
  5. Personnel or a volunteer, or other person working under the supervision of a licensed or unlicensed child-care facility, including a family home, residential child-care facility, employer-based day-care facility, or shelter day-care facility, as those terms are defined in Human Resources code Chapter 42.

Family Code 261.001(5)

Immunity from Liability

A person acting in good faith who reports or assists in the investigation of a report of alleged child abuse or neglect or who testifies or otherwise participates in a judicial proceeding arising from a report, petition, or investigation of alleged child abuse is immune from civil or criminal liability that might otherwise be incurred or imposed. Family Code 261.106

The School may not suspend or terminate the employment of, or otherwise discriminate against, or take any other adverse employment action against a professional who makes a good faith report of abuse or neglect. Family Code 261.110(b) [See Policy DG]

Criminal Offenses

Failure to Report Abuse, Neglect, or Exploitation

A person commits a class A misdemeanor if the person is required to make a report under Texas Family Code 261.101(a) and knowingly fails to make a report as provided by law.

A person who is a professional commits a Class A misdemeanor if the person is required to make a report under Texas Family Code 261.101(b) [see Duty to Report] and knowingly fails to make a report as provided by law. The professional commits a state jail felony if he or she intended to conceal the abuse or neglect. Family Code 261.109

False Report

A person commits an offense if, with the intent to deceive, the person knowingly makes a report of abuse and neglect that is false. The offense is a state jail felony, except that it is a felony of the third degree if the person has previously been convicted of the offense. Family Code 261.107(a)

Coercion

A public servant, including a school administrator, who coerces another into suppressing or failing to report child abuse and neglect to a law enforcement agency commits a Class C misdemeanor offense. Penal Code 39.06

Civil Liability

A school district that is grossly negligent or reckless, or engages in intentional misconduct, in hiring, supervising, or employing a professional school employee is liable for an act or omission that is committed by the employee against a student enrolled in the school and that is a failure to report suspected child abuse or neglect under Family Code 261.101. Texas Civil Practice and Remedies Code 118.001

SBEC Disciplinary Action

The State Board for Educator Certification (SBEC) may take any of the actions listed in 19 Texas Administrative Code 249.15(a) (impositions, including revocation of a certificate and administrative penalties) based on satisfactory evidence that the person has failed to report or hindered the reporting of child abuse pursuant to Texas Family Code 261.001, or has failed to notify SBEC, the commissioner of education, or the school superintendent or director under the circumstances and in the manner required by Education Code 22A.051, 22A.301, and 19 Administrative Code 249.14(d)-(f). 19 TAC 249.15(b)(4)

TSBVI Response to Failure to Report Employee Subject to Disciplinary Action

Any TSBVI employee who does not report a belief of student abuse, neglect, exploitation, or improper child care in accordance with the provisions of this policy and TSBVI Administrative Procedure “Reporting and Investigating Suspected Student Abuse, Neglect, Exploitation and Improper Care” may be subject to disciplinary action up to and including termination.

Removal from Service of Volunteer or Other Individual

Any TSBVI volunteer or individual working under the auspices of TSBVI who does not report a suspicion of student abuse, neglect, exploitation, or improper child care in accordance with the provisions of this policy may be immediately prohibited from providing further services to TSBVI.

Failure to Report Improper Child Care

Failure to report improper child care violates this Board’s policy and TSBVI’s standards of conduct.

Investigations by TSBVI

TSBVI shall adopt policies relating to the investigation and resolution of reports received about students suspected of being abused, neglected, or exploited by TSBVI staff. The policies will be consistent with the minimum standards adopted by the executive commissioner of Health and Human Services. Family Code 261.401, 1 TAC 351.503

Conducting Investigations

TSBVI shall make a prompt, thorough investigation of any report that a student has been, or may be, abused, neglected, or exploited, while at the School, or under the care of the School. The primary purpose of the investigation shall be the protection of the student. Family Code 261.003; 261.401(b), (d)

Investigative Reports

TSBVI shall:

  1. Prepare and keep on file a complete written report of each investigation conducted by TSBVI.
  2. Immediately notify the appropriate law enforcement agency of any report that concerns suspected abuse, neglect, or exploitation or the death of a student from abuse or neglect. If TSBVI finds evidence indicating that a student may have been abused, neglected, or exploited, TSBVI shall report the evidence to the appropriate law enforcement agency.
  3. Compile, maintain, and make available statistics on the incidence of child abuse, neglect, and exploitation investigated by TSBVI.

Family Code 261.402

Disclosure of Investigative Documents

The reports of alleged, or suspected, abuse, neglect, exploitation, or improper care, the identity of the person making such a report, and the files and reports, records, communications, audio tapes, video tapes and working papers used, or developed in an investigation, or in providing services as a result of such investigation are confidential and are not subject to public release under Chapter 552 Government Code. Information may be disclosed only as required by law or for purposes consistent with the Family Code or other rules adopted by an investigating agency.

Family Code 261.201(a)

Exception: Release of Information

The Superintendent shall release information as required by Family Code 261.201(b), (b-1), and (c).

The Superintendent may release to the parent of a student, about whom a report of abuse or neglect has been made, information which otherwise would be confidential under Family Code 261.201(a) when:

  1. In the Superintendent’s judgment, the release of the report is in the best interests of the student; and
  2. The student’s parent is not the person reported to have abused or neglected the student.

When information is released under this policy, the following information shall be redacted:

  1. The names and any other identifying information about all students, other than the student who was reported to have been abused or neglected;
  2. The name of the person making the report of abuse or neglect; and
  3. The names of all witnesses.

Family Code 261.201(a)

Complaint

If the School receives a complaint relating to an investigation conducted by a TSBVI official, the complaint shall be referred to the Superintendent, who will place the complaint before the School’s Board of Trustees.

Family Code 261.403(a)

Periodic Review by Auditor

The TSBVI Internal Auditor shall review this policy and the procedures implementing this policy a minimum of once every three years. Family Code 261.403(b)

Board Policy and Annual Review

The Board adopts and shall annually review this policy for reporting sex and human trafficking, child abuse, and neglect. The policy shall follow the requirements of Texas Family Code Chapter 261. This policy does not require that school personnel report suspicion of child abuse or neglect to a school administrator before making a report to a local or state law enforcement agency or the Texas Department of Family and Protective Services Hotline. However, it is the policy of the Board that school personnel make an additional report to the School’s appointed Investigating Social Worker if the reporter chooses to make his or her initial report to one of the external agencies. The sole purpose for this internal reporting requirement is the immediate safety of the student and must not in any way impede a thorough and timely investigation. 19 TAC 103.1401

TSBVI Collaboration with Other State or Local Law Enforcement Agencies

TSBVI shall immediately notify the appropriate state or local law enforcement agency of any report that TSBVI receives, other than a report from a law enforcement agency, that concerns the suspected abuse, neglect, or exploitation of a child or the death of a child from abuse or neglect.

Department of Family and Protective Services (DFPS) and law enforcement agencies that receive a report of alleged abuse, neglect, or exploitation of a student when in the care of TSBVI shall notify the School so that it can initiate the required investigation or take any other action required by policy or law. A state or local law enforcement agency may choose to conduct the investigation instead of TSBVI when there is reason to suspect criminal conduct has occurred. Family Code 261.402(b)

Interview of Student

The investigating agency shall be permitted to interview the child at any reasonable time and place, including at the School. Family Code 261.302(b) [See Policy GRA]

Video or Audiotaping of Student Interview

Any interview of a student as part of an investigation of alleged or suspected physical or sexual abuse shall be recorded by video or audio devices and protected as confidential evidence. The School shall do so in accord with Administrative Procedure P.1.7, “Abuse, Neglect, Exploitation and Improper Care: Reporting and Investigating Suspected Student Abuse, Neglect, Exploitation and Improper Care.” Family Code 261.302

Interference with Investigation

A person may not interfere with the investigation of a report of child abuse or neglect conducted by DFPS. Family Code 261.303(a)

Annual Distribution and Staff Development

The policies required by these provisions and adopted by the Board shall be distributed to all personnel at the beginning of each school year. The policies shall be addressed in staff development programs at regular intervals determined by the Board. 19 TAC 103.1401(c) [See also Policy DH and Policy GRA]

[For training requirements under these provisions, see Policy DMA.]

Training for Volunteers and Individuals Working under TSBVI Auspices

Any volunteer or individual working under the auspices of TSBVI shall receive training in the volunteer’s or individual’s reporting requirements under this policy, and a copy of the policy prior to providing services to TSBVI, and such individuals shall sign a receipt so indicating. Education Code 38.0041; 19 TAC 103.1401

Required Poster

The School shall use a format and language that is clear, simple, and understandable to students and post, in English and in Spanish:

  1. The current toll-free Department of Family and Protective Services Abuse Hotline telephone number;
  2. Instructions to call 911 for emergencies; and
  3. Directions for accessing the Department of Family and Protective Services Texas Abuse Hotline website for more information on reporting abuse, neglect, and exploitation.

The School shall place a poster of the information specified above in at least one high-traffic, highly and clearly visible public area that is readily accessible to and widely used by students. The poster must be on a poster (11 x 17 inches or larger) in large print and placed at eye level to the student for easy viewing. Additionally, the current toll-free Texas Department of Family and Protective Services Abuse Hotline telephone number should be in bold print.

Education Code 38.0042; 19 TAC 103.1401(e)-(f)

Adopted:       2/9/79

Amended:     11/11/83, 10/25/85, 1/14/88, 6/1/89, 9/27/90, 3/26/93, 11/17/95, 9/25/98, 12/1/00, 11/22/02, 1/30/04, 11/19/04, 11/18/05, 1/26/07, 11/16/07, 11/20/09, 11/19/10, 11/18/11, 1/25/13, 1/31/14, 4/10/15, 4/8/16, 11/18/16, 4/7/17, 9/28/18, 8/9/19, 5/28/20, 5/27/21, 8/7/26

Reviewed:     5/27/22, 5/25/23, 5/30/25

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