Child Abuse and Neglect

 I.  PURPOSE:  Maryland School for the Deaf is committed to the safety and physical, mental, and emotional well-being of all students. All children and vulnerable adults have the right to be protected from abuse and neglect. Consistent with the laws of the State of Maryland, the purpose of this administrative procedure is to notify all employees of Maryland School for the Deaf that it is mandatory that they make a direct report when they have reasons to suspect:
    • A child has been physically or mentally abused;
    • A child has been sexually abused, whether physical injuries sustained or not; or
    • A child has been neglected as defined below.  
A.  Reporting Requirements
 
1.  Maryland State Law mandates the direct reporting of suspected child physical and mental abuse, child sexual abuse or child neglect by teachers, counselors, psychologists, social workers, law enforcement officers, and any other professional employee of a school. 
 
2.  If an employee, contractor, or volunteer has reason to believe that a child (or a person who has permanent or temporary care or anyone who is responsible for the supervision of a child under the age of 18 years, he/she shall report directly and personally such observation or suspicion to the appropriate agency or designated person, following the procedures outlined below. 
 
B.  Immunity for Reporting
 
Maryland law provides immunity from civil liability or criminal penalty for any individual who reports suspected abuse or neglect in good faith, or who participates in any investigation or judicial proceeding resulting from the report. Formal investigation procedures — distinct from any personnel or labor relations procedures — are the responsibility of Child Protective Services (CPS) or Adult Protective Services (APS) and law enforcement agencies to which the report is made.
II.  DEFINITIONS
 
A.  Abuse:
 
1.  Physical or mental injury of a child by any parent/guardian, or other person who has permanent or temporary care or custody or responsibility for supervision of a child, or by any household or family member, under circumstances that indicate that the child's health or welfare is harmed or at substantial risk of being harmed; or
 
2.  Any sexual abuse of a child, whether or not physical injuries are sustained.
 
B.  Child: Any persons under the age of 18 years
 
C.  Neglected Child:
 
1.  A child who has suffered or is suffering significant physical or mental harm or injury as a result of conditions created by the absence of the parent(s), guardian(s), or custodian(s), or
 
2.  A child who is left unattended or who by the failure of the parent(s), guardian(s), or custodian(s) to give proper care and attention to the child and his/her problems under circumstances that indicate that the child's health or welfare is harmed or threatened thereby or that there is mental injury to the child or a substantial risk of mental injury.
 
3.  A child may not be considered to be neglected solely because he/she is receiving non-medical remedial care and treatment recognized by state law in lieu of medical treatment. 
 
D.  Sexual Abuse:  Any act that involves sexual molestation, exploitation, or sex trafficking of a child. Sex trafficking is the recruitment, harboring, transportation, provision, or obtaining of a person for the purposes of a commercial sex act, where the person is under the age of 18.
 
E.  Vulnerable Adult:  A student age 18-21 years old who is believed by the individual reporting abuse or neglect to lack the physical or mental capacity to care for his/her daily needs and is suspected to have been subject to abuse, exploitation, or neglect by the student's temporary or permanent caretaker.
III.  PROCEDURES
 
A.  Reporting Suspected Child Abuse and Neglect
 
1.  Verbal Reports
 
a.  Any employee of Maryland School for the Deaf who suspects that a child or vulnerable adult has been abused or neglected shall report your suspicion to the local department in the jurisdiction where the abuse/neglect is suspected to have occurred. The verbal report (via video/telephone) should be made immediately upon the reporter having suspicion that child abuse or neglect has occurred. Child Protective Services (CPS) maintains a 24-hour telephone service line. Please refer to MSD Handbook for a contact listing for each local office.
 
Note: Reporting does NOT require PROOF that child abuse or neglect has occurred. 
 
b.  Prior to making the verbal report to CPS, the employee may:
        • Contact a member of the Mental Health Team (i.e. school social worker, psychologist, or counselor) for guidance and support for reporting (i.e. filling out the report and making the call to CPS).
c.  After making the verbal report to CPS, the employee is required to notify the Chief Educational Programs Officer or their designee of this report immediately.
 
2.  Written Reports
 
a.  Within 48 hours of making the oral report to Child Protective Services, the employee must also complete a written report of form: Report of Suspected Child Abuse/Neglect.
 
Verbal and written reports must contain:   
        • The name, age, and home address of the child;
        • The name and home address of the child's parent/guardian or party responsible for the child's care;
        • The whereabouts of the child;
        • The nature and extent of the abuse or neglect of the child;
        • Any evidence or information that would help to determine the cause of the suspected abuse or neglect;
        • The identify of any individual responsible for the abuse or neglect;
        • Any observable, identifiable and substantial impairment of a child's mental or psychological ability function.
Note: The employee DOES NOT have to complete both the Department of Human Services Reporting Form and the local county reporting form.
 
b.  This report must also be sent to the local State Attorney's office. Please refer to MSD Handbook for a contact listing for each local office.
 
c.  If the suspected abuser is a MSD employee, the employee must also forward a copy to MSD's Director of Human Resources and MSD's Superintendent.
 
d.  If the allegations are of a serious criminal nature then the school official should also contact law enforcement, MSD's School Resource Officer, and MSD's Superintendent. 
 
e.  No attempts should be made by any MSD employee to investigate the suspicion. The legal right to make a determination of abuse or neglect is vested in the agency authorities to whom the report is made.
IV.  CPS INVESTIGATION PROCEDURES
 
A.  In the investigation of either child abuse or child neglect cases, if a child is questioned by the Child Protective Services worker and/or police during the school day on school premises, whether the child is the alleged victim or a non-victim witness, the school principal, or the principal's designee, may be present throughout that questioning. 
 
Note: To the extent permitted by law, MSD will notify current and, to the extent able, former MSD students when it receives reports that a person has abused or neglected MSD students.
 
B.  In the course of the investigation, if Child Protective Services personnel feel it necessary to remove the child from the school, they are legally authorized to do so.
 
Note: If a child is taken into custody by CPS, the CPS investigator will notify the parent or legal guardian of the student's removal. However, if the parent/guardian contacts the school prior to receiving notice from the CPS investigator, the principal/designee may notify the parent/guardian.
V.   STUDENT RECORDS
 
Whether the school is the reporting source or not, the school is required to share information from the school health records or logs, the education record, and information of prior child abuse and neglect history upon request by the Child Protective Services investigator. 
VI.  CONFIDENTALITY
 
A.  All records and reports concerning suspected abuse or neglect of any student are confidential, and provision will be made by MSD to protect the identity of the reporter or any other person in accordance with the protections provided under Maryland law.
 
B.  The Employee and Labor Relations Office shall maintain a confidential database of all alleged and confirmed cases of child abuse by employees — disaggregated by name, school, and school year — with the final disposition of all appeals and criminal proceedings duly noted.
VII.  LIMITED MAINTENANCE OF REPORTS
 
MSD employees are mandated reporters. Employees are encouraged to contact the Mental Health Team for support when making a report. In doing so, a copy of the child abuse and neglect report will be maintained by the Mental Health Team in a confidential Abuse and Neglect database for cases with limited access. At all times, please inform the Director of Mental Health and Chief Educational Programs Officer when a report is made. Information contained in the reports may be disclosed only under the following conditions.
 
a.  Under a court order;
 
b.  To personnel of local or state Department of Social Services, law enforcement personnel, and members of multidisciplinary case consultation teams who are investigating a report of known or suspected child abuse or neglect, or who are providing services to a child or family that is the subject of the report;
 
c.  To local or state officials responsible for the administration of the child protective services as necessary to carry out their official functions; or
 
d.  To a person who is the alleged child abuser or the person suspected of child neglect if that person is responsible for the child's welfare; provided, however, that all references to the person who reported the suspected abuse or neglect or any other person whose life or safety may be endangered by disclosing the information shall be removed before disclosure to the suspected abuser or person who is suspected of child neglect.
VIII.  MONITORING AND COMPLIANCE
 
A.  Training
 
1.  All MSD employees are required to complete the Vector Solutions training module, "Child Abuse: Identification & Intervention" annually. 
 
2.  Annually, MSD's Mental Health Team will review this procedure with staff.
 
B.  Consequences for Failing to Report
 
Under Maryland law, if a mandatory reporter knowingly fails to report suspected abuse or neglect of a child, they may be subject to professional sanctions by state licensing boards. They can also receive a fine up to $10,000, three years in jail, or both. Also, in Maryland, it is a misdemeanor for any employer to discipline or engage in any action to prevent an employee from making a report of suspected abuse or neglect as required by law, punishable by a fine up to $10,000, five years in jail, or both. Anyone making a "good faith" report is immune from civil liability and criminal penalty.
ADMINISTRATIVE PROCEDURE HISTORY
  • Reviewed: October 2022
  • Adopted: December 9, 2022
  • Revised: August 2023 (titles/positions)