Utah Department of Administrative Services Division of Administrative Rules

Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since November 1, 2014, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R277. Education, Administration.

Rule R277-401. Child Abuse-Neglect Reporting by Education Personnel.

As in effect on November 1, 2014

Table of Contents

R277-401-1. Definitions.

A. This rule uses the definition of neglected child found in Section 78A-6-105(28).

B. This rule uses the definition of abused child found in Section 78A-6-105(2).

C. "Board" means the Utah State Board of Education.

D. "DCFS" means the Division of Child and Family Services.

E. "LEA" means a local education agency, including local school boards/public school districts, charter schools, and, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

R277-401-2. Authority and Purpose.

A. This rule is authorized under Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board and Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to clarify:

(1) the Board's support for taking early protective measures towards allegations of child abuse. The daily contact of education personnel with children places them in a unique position to identify and refer suspected cases of abuse.

(2) the role of all school employees in reporting and participating in investigations of suspected child abuse as required by Section 62A-4a-403.

R277-401-3. Policies and Procedures.

A. Each LEA shall develop and adopt a child abuse-neglect policy.

(1) School officials shall cooperate with social service and law enforcement agency employees authorized to investigate charges of child abuse and neglect.

(2) LEA policies shall ensure that the anonymity of those reporting or investigating child abuse or neglect is preserved in a manner required by Section 62A-4a-412.

(3) An LEA policy may direct a school employee to notify the building principal of the neglect or abuse. Such a report to a principal, supervisor, school nurse or psychologist does not satisfy the employee's personal duty to report to law enforcement or DCFS.

(4) LEA policies shall direct school employees to cooperate appropriately with law enforcement and DCFS investigators who come into the school, including:

(a) allowing authorized representatives to interview children consistent with DCFS and local law enforcement protocols;

(b) allowing appropriate access to student records;

(c) making no contact with parents/legal guardians of children being questioned by DCFS or local law enforcement; and

(d) cooperating with ongoing investigations and maintaining appropriate confidentiality.

B. School employee responsibilities

(1) Any school employee who knows or reasonably believes that a child has been neglected, or physically or sexually abused, shall immediately notify the nearest peace officer, law enforcement agency, or DCFS.

(2) It is not the responsibility of school employees to prove that the child has been abused or neglected, or determine whether the child is in need of protection. Investigations are the responsibility of the DCFS. Investigation by education personnel prior to submitting a report should not go beyond that necessary to support a reason to believe that a reportable problem exists.

(3) Persons making reports or participating in an investigation of alleged child abuse or neglect in good faith are immune from any civil or criminal liability that otherwise might arise from those actions, as provided by law.

KEY

child abuse, education policy, faculty, students

Date of Enactment or Last Substantive Amendment

October 9, 2012

Notice of Continuation

August 14, 2012

Authorizing, Implemented, or Interpreted Law

Art X Sec 3; 53A-1-401(3)


Additional Information

Contact

For questions regarding the content or application of rules under Title R277, please contact the promulgating agency (Education, Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.