1. PHILOSOPHY
   Weber School District (District) is committed to the well-being of its students and supports efforts by District personnel to take early protective measures towards allegations of child abuse and/or neglect. 
   
   
2. POLICY
   This policy informs District personnel of their training requirements and their responsibilities and procedures for reporting suspected child abuse and/or neglect.
   
   
3. DEFINITIONS
   1. “Child Abuse” means inflicting upon a child physical injury; or having the care or custody of such child, causes or permits another to inflict physical injury upon a child. 
   2. “DCFS” means the Utah Division of Child and Family Services. 
   3. "Neglect" means
      1. action or inaction causing:
         1. abandonment of a child, except as provided in Chapter 4, Part 5, Safe Relinquishment of a Newborn Child;
         2. lack of proper parental care of a child by reason of the fault or habits of the parent, guardian, or custodian;
         3. failure or refusal of a parent, guardian, or custodian to provide proper or necessary subsistence or medical care, or any other care necessary for the child's health, safety, morals, or well-being;
         4. iv. a child to be at risk of being neglected or abused because another child in the same home is neglected or abused;
         5. abandonment of a child through an unregulated child custody transfer under Utah Code Section 78B-24-203; or
         6. educational neglect.
      2. "Neglect" does not include:
         1. a parent or guardian legitimately practicing religious beliefs and who, for that reason, does not provide specified medical treatment for a child;
         2. a health care decision made for a child by the child's parent or guardian, unless the state or other party to a proceeding shows, by clear and convincing evidence, that the health care decision is not reasonable and informed;
         3. a parent or guardian exercising the right described in Utah Code Section 80-3-304; or
         4. permitting a child, whose basic needs are met and who is of sufficient age and maturity to avoid harm or unreasonable risk of harm, to engage in independent activities, including:
            1. traveling to and from school, including by walking, running, or bicycling;
            2. traveling to and from nearby commercial or recreational facilities;
            3. engaging in outdoor play;
            4. remaining in a vehicle unattended, except under the conditions described in Subsection 76-10-2202(2);
            5. remaining at home unattended; or
            6. engaging in a similar independent activity.
   4. "Neglected child" means a child who has been subjected to neglect.
   5. "Physical abuse" means abuse that results in physical injury or damage to a child.
   6. "Sexual abuse" means:
      1. an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an adult directed towards a child;
      2. an act or attempted act of sexual intercourse, sodomy, incest, or molestation committed by a child towards another child if:
         1. there is an indication of force or coercion;
         2. the children are related, as described in Subsection (39), including siblings by marriage while the marriage exists or by adoption;
         3. there have been repeated incidents of sexual contact between the two children unless the children are 14 years old or older; or
         4. there is a disparity in chronological age of four or more years between the two children;
      3. engaging in any conduct with a child that would constitute an offense under any of the following, regardless of whether the individual who engages in the conduct is actually charged with, or convicted of, the offense:
         1. Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 76-5-401, if the alleged perpetrator of an offense described in Section 76-5-401 is a minor;
         2. child bigamy, Section 76-7-101.5;
         3. incest, Section 76-7-102;
         4. lewdness, Section 76-9-702;
         5. sexual battery, Section 76-9-702.1;
         6. lewdness involving a child, Section 76-9-702.5; or
         7. voyeurism, Section 76-9-702.7; or
      4. subjecting a child to participate in or threatening to subject a child to participate in a sexual relationship, regardless of whether that sexual relationship is part of a legal or cultural marriage.
         
         
4. PROCEDURE
   1. Any District employee who knows or reasonably believes that a student has been neglected, or physically or sexually abused, or that a student is subject to conditions or circumstances that would reasonably result in neglect or physical or sexual abuse, shall immediately notify the State Division of Child and Family Services (DCFS) or the local law enforcement agency.
      1. The individual who observes, suspects, or receives the disclosure of child abuse or neglect must report it to the authorities (DCFS or law enforcement agency). The District employee shall cooperate with authorities, including:
         1. allowing appropriate access to students;
         2. allowing authorized agency employees to interview children consistent with DCFS and local law enforcement protocols;
         3. making no contact with the parents or legal guardians of children being questioned by DCFS or law enforcement authorities; and
         4. maintaining appropriate confidentiality.
      2. The District employee shall also inform the school administrator that a report is being made or report the alleged abuse together.  A District employee who only reports the abuse to the principal has not satisfied the mandatory obligation to immediately report the incident.
      3. Investigation of District personnel prior to submitting a report should not go beyond that necessary to support a reasonable belief that a reportable problem exists.
      4. A District employee who willfully fails to report suspected child abuse or neglect may be guilty of a class B misdemeanor under Utah code 80-2-609. Additionally, failure to comply with the requirements of this section shall be considered unprofessional conduct by the District and may lead to disciplinary action.
      5. Persons making reports or participating in an investigation of alleged child abuse or neglect in good faith are immune from any liability as provided by law.
      6. The school and District will not disclose the identity of those who report child abuse unless required to do so by law.
   2. The forms “DCFS/Law Enforcement Notification Form” (completed by the person reporting the event) and “DCFS/Law Enforcement Interview Form” (to be used when DCFS or law enforcement interviews a student at school) are confidential and are to be in a secure location accessible only to those who have a need to know.
   3. The District shall provide, once every three years, training and instruction on child abuse and human trafficking prevention and awareness to:
      1. all District personnel in elementary and secondary schools on:
         1. responding to a disclosure of child sexual abuse in a supportive, appropriate manner;
         2. identifying children who are victims or may be at risk of becoming victims of human trafficking or commercial sexual exploitation; and
         3. the mandatory reporting requirements described in Utah code 53E-6-701 and Utah code 80-2-602; and
      2. parents of elementary school students on:
         1. recognizing warning signs of a child who is being sexually abused or who is a victim or may be at risk of becoming a victim of human trafficking or commercial sexual exploitation; and
         2. effective, age-appropriate methods for discussing the topic of child sexual abuse with a child.

Approved by the Board: 10/02/2024