Teachers and the Law, 8 th Edition © 2011 Pearson Education, Inc. All rights reserved. Teachers and...

Teachers and the Law, 8th Edition

© 2011 Pearson Education, Inc.All rights reserved.

Teachers and the Law, 8eby

David Schimmel, Leslie R. Stellman, and Louis Fischer

PowerPoint Presentationby

Gerri Spinella, Ed. D

Teachers and the Law, 8th EditionSchimmel, D., Stellman, L., Fischer, L.

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© 2011 Pearson Education, Inc.All Rights Reserved.7 -2

Chapter 7How Should I Deal with Child Abuse

and Neglect?


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Chapter 7Chapter 7How Should I Deal How Should I Deal

With Child Abuse and Neglect?With Child Abuse and Neglect?Essential QuestionEssential Question

How does an educator , counselor, therapists deal with the following quotation from National Child Abuse Prevention and Treatment Act (1974) in today’s educational arena?

“Physical or mental injury, sexual abuse or exploitation, negligent treatment, or maltreatment of a child under the age of eighteen or the age specified by the child protection law of the state in question, by a person who is responsible for the child’s welfare, under circumstances which indicate that the child’s health or welfare is harmed or threatened thereby.” (Teachers and the Law)

Describe their obligations and liabilities involved in the reporting.


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Key ConceptsKey ConceptsChapter 1-Teachers and the Legal SystemChapter 1-Teachers and the Legal System

Child Abuse

and Neglect

Key Concept –Chapter 7Key Concept –Chapter 7How Should I Deal With Child Abuse and Neglect?How Should I Deal With Child Abuse and Neglect?

Essential QuestionEssential Question

Reporting

Child Abuse and

Neglect

Symptoms of

Abuse and

Neglect

State Reportin

g Requirem

ents


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How Should I Deal with

Child Abuse and Neglect?

KEY CONCEPT- Chapter 7

“. . .it has been estimated that in the United States each year, an estimated 3.2 million referrals, involving the alleged maltreatment of approximately 5.8 million children were referred. . . 25% led to findings that a child was the victim of abuse. . .” (Teachers and The Law)


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Child Abuse

Preponderance of evidence

Credible evidence

KEY TERM- Chapter 7


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Physical and Behavioral Indicators

(Table 7.1)

Physical Abuse Physical Neglect Sexual Abuse Emotional

Maltreatment

Symptoms of Abuse and

Neglect

Child Abuse

and Neglect


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Case PresentationCase Presentation

CavarrettaCavarretta v. v.

Department of Children and Family ServicesDepartment of Children and Family Services


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All states require educators to report child abuse and neglect.

All States include sexual abuse and exploitation in their definition of child abuse. Check with http://www.abanet.org/child/ for updates on state laws.

A mandated reporter is protected from lawsuits.

State Reporting Requirements


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Legal Implications for Educators Mandated reporters are criminally liable for

failure to report a suspected case of child abuse and neglect.

States have enacted laws that impose civil liability for failure to report.

Currently, there are no reported cases imposing civil liability on teachers or counselors.

There has been discipline for failure to report promptly.


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State statutes outline procedures Require an oral report Within a reasonable period of time

(24-72 hours) Detailed written report

Name and address of child Nature/extent of injury or condition

observed Reporter’s name and address

Reporting Child Abuse and Neglect


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1962 California first state to require reporting of child abuse

1974 National Child Abuse Prevention & Treatment Act

1988 Child Abuse Prevention, Adoption and Family Services Act 1977 U.S. Department of Health, Education and Welfare

Child Abuse and Neglect


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Analysis Analysis

of of

Landeros Landeros v. v.

FloodFlood


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Initial Proceedings

Complaint

Facts of claim by plaintiff seeks

DefendantAnswers

(30 days) or motion to dismiss

Discovery Begins

Step by Step In The Court System

OUTCOME

EDUCATIONAL IMPLICATION

Interrogatories DepositionsDocument Requests

Settlement Conference


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Chapter 7Chapter 7How Should I Deal WithHow Should I Deal WithChild Abuse and NeglectChild Abuse and Neglect

As a mandated reporter, in what ways do you protect all children from child abuse or neglect?

Teachers and the Law, 8 th Edition © 2011 Pearson Education, Inc. All rights reserved. Teachers and...

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Transcript of Teachers and the Law, 8 th Edition © 2011 Pearson Education, Inc. All rights reserved. Teachers and...