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Governing Board Policies

Section J - Students

Policy Title: Reporting Child Abuse/Child Protection
Policy Code: JLF
Lead Department: Academic Excellence

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It is the policy of the Board/Administration that Tucson Unified School District will comply with the Child Protection Act.

Any school official or employee who reasonably believes that a minor is or has been subjected to abuse or neglect or who has observed the child being subjected to circumstances or conditions which may reasonably result in abuse or neglect, shall immediately upon receiving such information make a report to the appropriate authorities.

Minor, child, youth, or juvenile means an individual who is under the age of eighteen (18) years.

Definition of Child Abuse and Neglect

  • Abuse means the infliction or allowing of physical injury, impairment of bodily function, or disfigurement.
  • Physical abuse includes non-accidental physical injuries such as bruises, broken bones, burns, cuts or other injuries.
  • Abuse shall include inflicting or allowing sexual abuse, sexual conduct with a minor, sexual assault, molestation of a child, commercial sexual exploitation of a minor, sexual exploitation of a minor, incest, or child prostitution.
  • Neglect includes a denial or deprivation of necessary care of illness or injury. Neglect may also include leaving children unsupervised or alone, locked in or out of the house, or without adequate clothing, food, or shelter. Allowing children to live in unsanitary conditions which could be a health hazard may also be considered neglect.
  • Emotional abuse of a child is evidenced by severe anxiety, depression, withdrawal or untoward aggressive behavior, as diagnosed by a medical doctor or psychologist, and caused by the acts or omissions of the parent, guardian or caretaker.
  • Exploitation includes use of a child by a parent, guardian or caretaker for material gain.
  • Abandonment includes the failure of the parent, guardian or caretaker to provide reasonable support and to maintain regular contact with the child, including providing normal supervision, when such failure is intentional and continues for an indefinite period.
  • Abuses classified by statute as “reportable offenses” are:
    • Indecent exposure [A.R.S. 13-1402]
    • Public sexual indecency [A.R.S. 13-1403]
    • Sexual abuse [A.R.S. 13-1404]
    • Sexual conduct with a minor [A.R.S. 13-1405]
    • Sexual assault [A.R.S. 13-1406]
    • Molestation of a child [A.R.S. 13-1410]
    • Furnishing items that are harmful to a child via the internet [A.R.S. 13-3506.01]
    • Surreptitious photographing, videotaping, filming, or digitally recording of a minor [A.R.S. 13-3019]
    • Incest [A.R.S. 13-3608]
    • Child prostitution [A.R.S. 13-3212]

Reporting
Any school official or employee shall immediately upon receiving information regarding child abuse or neglect, report or cause a report to be made to a peace officer or to the Child Protective Services (CPS) of the Department of Economic Security.

  • Such reports shall be made immediately by telephone or in person and shall be followed by a written report within seventy-two (72) hours.
  • Reports shall contain:
    • The names and addresses of the minor, the parents, or the person or persons having custody of such minor, if known.
    • The minor's age and the nature and extent of the minor’s abuse, child abuse, or physical injuries or neglect, including any evidence of previous abuse, child abuse, physical injury or neglect.
    • Any other information that such person believes might be helpful in establishing the cause of the abuse, child abuse, physical injury or neglect.
    • A person who furnishes a report, information, or records required or authorized under Arizona Revised Statutes or a person who participates in a judicial or administrative proceeding or investigation resulting from a report, information or records required or authorized under Arizona Revised Statutes is immune from any civil or criminal liability by reason of that action unless such person has acted with malice or unless such person has been charged with or is suspected of abusing or neglecting the child or children in question.
  • A report is not required for sexual conduct between minors who are fourteen (14), fifteen (15), sixteen (16) or seventeen (17) years of age when there is nothing to indicate that the conduct is other than consensual.
  • A person who fails to report abuse as provided in A.R.S. 13-3620 is guilty of a class 1 misdemeanor, except if the failure to report involves a reportable offense, the person is guilty of a class 6 felony.

Any certificated person or Governing Board member who reasonably suspects or receives a reasonable allegation that a person certificated by the Department of Education has engaged in conduct involving minors that would be subject to the reporting requirements of A.R.S. 13-3620 shall report or cause reports to be made to the Department of Education in writing as soon as is reasonably practicable but not later than three (3) business days after the person first suspects or receives an allegation of the conduct.

Any school employee who has orally reported to CPS or a peace officer a reasonable belief of an offense to a minor must provide written notification to the principal of the oral report not later than the next workday following the making of the report

Adopted: December 14, 2004

LEGAL REF.: A.R.S. 8-201
8-821
13-1402
13-1403
13-1404 et seq.
13-1405
13-1410
13-3019
13-3212
13-3506
13-3506.01
13-3552
13-3553
13-3608
13-3619
13-3620
13-3623
15-514
46-451
46-454

CROSS REF.: GBEB - Staff Conduct
GBEBB - Staff Conduct with Students
JKA - Corporal Punishment

Replaces TUSD regulation # 1450 - SAFETY, EMERGENCY AND CRISIS PROCEDURES