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<blockquote data-quote="susiestar" data-source="post: 459475" data-attributes="member: 1233"><p>There is a HUGE difference between what the school sets up as protocol and what the actual legal responsibility is in these matters. MOST schools tell employees to tell the principal and let the principal handle it or choose to have the counselor handle it.</p><p></p><p>This is NOT NOT NOT what the law says. The law says that EVERY employee of a school/daycare/whatever, and in some states even EVERY ADULT who sees/hears/suspects abuse is supposed to report it. Following what the school wants may be the school's preference because MANY of them refuse to report anything but a kid coming to school covered in bruises and welts and dripping blood everywhere. NOT because CPS told them to - I know MWM had that orientation with CPS but I also know that in MY state it works very differently. I DO know of teachers who did have to face charges of not reporting abuse - called child endangerment in some areas, accessory to abuse in others - when they passed it to a principal at the school and the principal didn't report it because they didn't want to get involved. YES, even though they are supposed to be there to help kids, MANY schools are this way.</p><p></p><p>I know a LOT of this because I was the kid who thought the other kids were idiots and I sat around the edges of the adults as they talked - and I listened. Having both parents teach at different levels and most of their friends were teachers, well, I heard a TON of this koi. </p><p></p><p>You CAN hold the aide, principal, counselor, etc... ALL liable if your difficult child is hurt after they did not report suspected abuse. MOST CPS agencies state in their flyers that if you are in doubt as to if it is abuse or not then you have a responsibility to report it. Our district got into a TON of trouble for the "tell the principal, don't call CPS yourself" koi after a number of cases of abuse finally were investigated and it was learned that the school knew, had notes about it in the files and sent NO reports about anything to CPS. It wasn't just one school, it was several (three or four) of our elem schools and our middle school. It was a MESS and a LOT of teachers came close to losing licenses because they followed what the school said rather than what the law said. Two came close to jail time because they actually bandaged welts on two kids from the saem family and did not report it - the kids were bleeding through their clothing from their injuries. in my opinion the teachers SHOULD have had a public flogging and then a few years in jail - so they could see how it felt to have NO ONE GIVE A DANG.</p><p></p><p>I know budgets are tight and that in some states CPS makes no sense, but at least here they go out on ANY report. Heck, they made my neighbors drain their mosquito breeding facility because it had no fence and no lighting and their kids were out alone after dark (ages 2 and 5 where the 5yo was supposed to be "watching" the littler one in pitch black dark). I was glad because I kept paying for things to put into the pond to kill the mosquitos off because they wouldn't and we were being eaten alive. I did call about them, largely because when I suggested it was not safe to have the kids out in the dark of night running around the pond area with no lights, I was told that the kids were fine and the older one would be able to get the younger one out of the pond if needed. The kid couldn't swim and the water was 2 feet deeper than she was tall! Apparently five other neighbors, including the reverend who lives across the street called a few weeks after I did, but a CPS agent was out to their house the day after each report. </p><p></p><p>So not all CPS is worthless and you need to PUSH these people to ALL report. What the principal and counselor report is hearsay - what the aide reports is from the child, so she is the one who will get more action.</p><p></p><p>And difficult child does need to speak up, but likely is terrified of it. So you do need to keep working to get him to tell more peopel. But you CAN insist that the aide call and report it, legally it is HER responsibility to do that.</p></blockquote><p></p>
[QUOTE="susiestar, post: 459475, member: 1233"] There is a HUGE difference between what the school sets up as protocol and what the actual legal responsibility is in these matters. MOST schools tell employees to tell the principal and let the principal handle it or choose to have the counselor handle it. This is NOT NOT NOT what the law says. The law says that EVERY employee of a school/daycare/whatever, and in some states even EVERY ADULT who sees/hears/suspects abuse is supposed to report it. Following what the school wants may be the school's preference because MANY of them refuse to report anything but a kid coming to school covered in bruises and welts and dripping blood everywhere. NOT because CPS told them to - I know MWM had that orientation with CPS but I also know that in MY state it works very differently. I DO know of teachers who did have to face charges of not reporting abuse - called child endangerment in some areas, accessory to abuse in others - when they passed it to a principal at the school and the principal didn't report it because they didn't want to get involved. YES, even though they are supposed to be there to help kids, MANY schools are this way. I know a LOT of this because I was the kid who thought the other kids were idiots and I sat around the edges of the adults as they talked - and I listened. Having both parents teach at different levels and most of their friends were teachers, well, I heard a TON of this koi. You CAN hold the aide, principal, counselor, etc... ALL liable if your difficult child is hurt after they did not report suspected abuse. MOST CPS agencies state in their flyers that if you are in doubt as to if it is abuse or not then you have a responsibility to report it. Our district got into a TON of trouble for the "tell the principal, don't call CPS yourself" koi after a number of cases of abuse finally were investigated and it was learned that the school knew, had notes about it in the files and sent NO reports about anything to CPS. It wasn't just one school, it was several (three or four) of our elem schools and our middle school. It was a MESS and a LOT of teachers came close to losing licenses because they followed what the school said rather than what the law said. Two came close to jail time because they actually bandaged welts on two kids from the saem family and did not report it - the kids were bleeding through their clothing from their injuries. in my opinion the teachers SHOULD have had a public flogging and then a few years in jail - so they could see how it felt to have NO ONE GIVE A DANG. I know budgets are tight and that in some states CPS makes no sense, but at least here they go out on ANY report. Heck, they made my neighbors drain their mosquito breeding facility because it had no fence and no lighting and their kids were out alone after dark (ages 2 and 5 where the 5yo was supposed to be "watching" the littler one in pitch black dark). I was glad because I kept paying for things to put into the pond to kill the mosquitos off because they wouldn't and we were being eaten alive. I did call about them, largely because when I suggested it was not safe to have the kids out in the dark of night running around the pond area with no lights, I was told that the kids were fine and the older one would be able to get the younger one out of the pond if needed. The kid couldn't swim and the water was 2 feet deeper than she was tall! Apparently five other neighbors, including the reverend who lives across the street called a few weeks after I did, but a CPS agent was out to their house the day after each report. So not all CPS is worthless and you need to PUSH these people to ALL report. What the principal and counselor report is hearsay - what the aide reports is from the child, so she is the one who will get more action. And difficult child does need to speak up, but likely is terrified of it. So you do need to keep working to get him to tell more peopel. But you CAN insist that the aide call and report it, legally it is HER responsibility to do that. [/QUOTE]
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