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Title:

Child Welfare Manual

Section 2:

Intake

Chapter 7:

Out-of-Home Investigations (OHI)

Subsection 5:

OHI Investigation Procedures

Sub-subsection 4.2:

School Employee

Effective Date:

October 5, 2012

Specific Procedures Pertaining to Type of OHI Provider: School Employee

• 7.5.4.2  School Employee

  When the alleged perpetrator is a public school teacher or other school employee, notify the school superintendent/or designee (or the president of the school board when a report concerns the superintendent). Based on the information supplied in the report and discussions with the OHI investigator, the superintendent (board president) and the OHI investigator should decide how to proceed.

  1. The CD investigation will begin when the report is received from the superintendent.
  2. The investigation will be conducted by the OHI investigator except for the following:
     • The report alleges spanking, administered by certificated personnel and in the presence of a witness who is an employee of the school district according to the written district policy of discipline (as long as no allegation of sexual misconduct arises from the spanking); or
     • The report alleges the use of reasonable force to protect persons or property, when administered by personnel of a school district in a reasonable manner pursuant to the written district policy of discipline (as long as no allegation of sexual misconduct arises from the use of force); or
     • The report indicates the harassment as determined by the school superintendent.
  3. When the alleged perpetrator is an employee of a private school the above exceptions do not apply and the investigation will be conducted by the OHI investigator.
  4. The superintendent (board president) will be considered a member of the multidisciplinary investigation team and, as such, may be involved in the investigation. This will allow him/her to have access to appropriate information and to be notified as to the outcome of the investigation.
     • Use Delayed Contact code of "Z" in CA/N system when there is a delay in the report being referred back to CD, and
     • Use Delayed Conclusion code of "G," Awaiting School Action (OHI only), when there is a delay in completing the investigation due to a delay in receiving the report back from the superintendent.
  5. Contact appropriate law enforcement agency in order to begin co-investigation
     • If law enforcement official is available, arrange pre-interview conference to discuss complaint and plans for investigation.
     • If law enforcement official is not available or is unable to conduct co-investigation, proceed with investigation as required.
     • Law enforcement official may join investigation at any time during process.
  6. Notify CD office in county of jurisdiction if child is in CD care and custody at time of report and of results of investigation.
  7. Request CD office in county of jurisdiction to notify their Juvenile Office if child is in custody of Juvenile Court of report, that an investigation is being conducted and results of investigation.
  8. Notify parents (of subject child) of the report and that an investigation is being conducted.
  9. Complete investigation jointly with all co-investigators to gather relevant data. Arrange post-investigation conference to review findings.
  10. Interview victim – The interview may not take place in a school building where the abuse allegedly occurred.
  11. Interview witness(es) named by victim.
  12. In group situations where not all children are listed as victims, request a representative sample, i.e., 10%, to avoid interviewing a large number of children. Using judgment, the CA/N investigator may request that the school administrator select the children to be interviewed. However, the CA/N investigator may elect to select the children if the administrator is an alleged perpetrator or otherwise compromises the investigation.
  13. Share results of investigation with school administrator. The superintendent will be considered a member of the multidisciplinary team and, as such, may be involved in the investigation.
  14. Notify parents (of subject child) and alleged perpetrator of results of investigation per the CS-21. Provide copy of CS-21 to superintendent.

  • 7.5.4.2.1  Spanking or the Use of Reasonable Force to Protect Persons or Property

    1. The Superintendent will notify law enforcement in the jurisdiction in which the alleged incident occurred, and the report shall be jointly investigated, if after an initial assessment, the superintendent determines one of the following:
       • The alleged incident arose out of or is related to a spanking administered by certified school district personnel conducted in the presence of a witness who is an employee of the school district according to written discipline policy (as long as no allegation of sexual misconduct arises from the spanking);
       • The alleged incident arose out of or is related to the use of reasonable force to protect persons or property, when administered by personnel of a school district in a reasonable manner pursuant to the written district policy of discipline (as long as no allegation of sexual misconduct arises from the use of force)
       • The alleged incident was found to be reported for the sole purpose of harassing a public school employee.
    2. CD will not be involved in these investigations.
    3. The investigation shall begin no later than two (2) working days after notification from the OHI Unit is received.
    4. The investigation shall consist of, but need not be limited to, interviewing and recording statements of the child and his or her parents or guardian, of the school district personnel allegedly involved in the report, and of any witnesses to the alleged incident.
    5. Separate reports by the superintendent and law enforcement are made to the school board within seven (7) days of receiving the report from CD, with their findings and recommendations.
    6. The report of alleged child abuse is "preponderance of evidence" or "unsubstantiated."
    7. The school board, within seven (7) days of receiving the last of the two reports, will consider the separate reports and issue its findings and conclusions, which are sent to the CD/OHI investigator who notified the superintendent of the report. The findings and conclusions will be one of the following:
       • The report of the alleged child abuse is “unsubstantiated.” Law enforcement and the investigating school board personnel agree that the evidence shows that no abuse occurred.
       • The report of the alleged child abuse is “preponderance of evidence.” Law enforcement and the investigating school district personnel agree to a finding  that the alleged incident of child abuse did occur. The OHI investigator will forward the information to the prosecuting attorney; or
       • The issue involved in the alleged incident of child abuse is unresolved because law enforcement and school personnel are unable to agree on their findings and conclusions on the alleged incident. The OHI investigator will forward the information to the prosecuting attorney. Depending on whether the prosecuting attorney takes action on the report, the finding will be either "preponderance of evidence" or “unsubstantiated.”
    8. After receiving the final conclusion from the investigation, the OHI Unit will send a CA/N Disposition Form Letter (CS-21) to the alleged perpetrator, and the child’s custodial and non-custodial parents, with a copy to the superintendent.

  • 7.5.4.2.2  Reports Made Solely For The Purpose of Harassing a Public School Employee

    Section 160.261 RSMo. also allows the superintendent (board president) to assess if the report has no merit, and was made for the sole purpose of harassing a school employee. The superintendent (board president) should make this decision in consultation with the OHI investigator. If there is any doubt that the allegation(s) is completely false, the superintendent should refer the case to CD for investigation. Because of the serious nature of some allegations, it is important that those individuals trained to investigate such reports (CD and law enforcement) be involved prior to the interview of the child or alleged perpetrator.

    If the superintendent determines that the report was made for the sole purpose of harassing a school employee, then he/she must take the same steps as outlined above regarding spanking.

    7.5.4.2.3  State Schools for the Severely Handicapped, Deaf, and Blind

    When a report involves an incident occurring at a State School for the Severely Handicapped, Deaf, or Blind, the respective state superintendent is involved.

    Superintendent - State School for the Severely Handicapped, Department of Elementary and Secondary Education (DESE), P.O. Box 480, Jefferson City, Missouri 65102
    (573-751-4427).

    Superintendent - State School for the Blind, 3815 Magnolia, St. Louis, Missouri 63110
    (314-776-4320).

    Superintendent - State School for the Deaf, 505 East Fifth Street, Fulton, Missouri 65251
    (573-592-4000).

    The Relay Missouri is 1-800-735-2966 (Telecommunication for the Deaf).

    Related Subject:  Section 2, Chapter 8, School Related Issues

Chapter Memoranda History: (prior to 1/31/07)

• CD04-79,
• CD05-35,
• CD05-50,
• CD05-80

Memoranda History:

• CD10-99,
• CD12-102