School District of Auburndale

454 - STAFF MANDATORY REPORTING OF CHILD ABUSE/EMOTIONAL DAMAGE/NEGLECT/CHILD ENTICEMENT

State Statute provides that any person participating in good faith in the making of a report under this policy shall have immunity from any liability, civil or criminal, that results by reason of the action.  For the purpose of any proceeding, civil or criminal, the good faith of a person reporting under this policy shall be presumed. Whoever willfully violates state law by failure to report as required may be fined or imprisoned or both as provided in State Statutes. All professional staff and paraprofessional staff employed by the School District of Auburndale are required to report with no exceptions to Wood County Social Services.

Definitions of child abuse and neglect are provided by 1995 Wisconsin Act 275. All employees must understand the importance of every child and that it is mandatory in the School District of Auburndale to report abuse, suspected abuse, emotional damage, neglect, and child enticement.

I. According to state law, “ABUSE" means any of the following:
A.  Physical injury inflicted on a child by other than accidental means.  “Physical injury” includes, but is not limited to lacerations, fractured bones, burns, internal injuries, severe or frequent bruising or great bodily harm.
B. Sexual intercourse or sexual contact under SS 940.225 (sexual assault),  948.02 (sexual assault of a child) or 948.025 (repeated acts of sexual assault of the same child).    
C.  Sexual exploitation of a child under section 948.05 of the state statutes.
D.  Permitting, allowing or encouraging a child to engage in prostitution under section 944.30 of the state statues.     
E.  Causing a child to view or listen to sexual activity under section 948.055 of the state statutes.
F.   Causing a child to expose genitals or pubic area or exposing genitals or pubic area to a child under section 948.10 of the state statutes.

II. "CHILD" means any person under 18 years of age, except that for purpose of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, “child” does not include a person who has attained 17 years of age. 

III. "EMOTIONAL DAMAGE" means harm to a child's psychological or intellectual functioning which is exhibited by severe anxiety, depression, withdrawal or outward aggressive behavior, or a combination of those behaviors, or a substantial and observable change in behavior, emotional response or cognition that is not within the normal range for the child’s age and stage of development.

IV. "NEGLECT" means failure, refusal or inability on the part of a parent, guardian, legal custodian or other persons exercising temporary or permanent control over a child, for reasons other than poverty, to provide necessary care, food, clothing, medical or dental care or shelter so as to seriously endanger the physical health of a child. Neglect shall also include damage for which the child’s parent, guardian or legal custodian has neglected, refused, or been unable for reasons other than poverty to obtain the necessary treatment or to take steps to correct or improve the symptoms. 

V. “CHILD ENTICEMENT” means whoever, with intent to commit any of the following acts, causes or attempts to cause any child who has not attained the age of 18 years to go into any vehicle, building, room or secluded place for sexual contact, sexual intercourse, cause child to engage in prostitution, exposing sex organ to child, causing child to expose sex organ, recording the child in in sexually explicit conduct, causing bodily or mental harm, giving child a controlled substance, or selling the child a connoted substance.


Adopted: July 19, 2006

Posted: 11/14/2007 12:52:59 pm