PAP.22.11.010 Mandated Reporting

A mandated reporter, having reasonable cause to suspect that a child seen in the course of professional duties has been abused or neglected or having reason to believe that a child seen in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect of the child will occur, shall report those reasons to law enforcement or Lac Courte Oreilles Indian Child Welfare.

(a) Mandated Reporters. All LCO Day Care Employees shall be considered Mandated Reporters.

(b) Reporting Law Provisions.

(1) A mandated reporter shall make a report when:

(A) The reporter has reasonable cause to suspect that abuse or neglect has occurred; or

(B) The reporter has a reason to believe that abuse or neglect has been threatened and will occur.

(2) The reporter's suspicion or belief comes from information obtained from having seen the child in the course of doing professional duties.

(3) Anyone may make a report at any time.

(4) No one making a report may be fired from his or her job for making the report.

(5) A mandated reporter's intentional failure to report shall result in disciplinary action.

(6) No information that would identify the reporter may be released to the subject of the report, the child's parent, the child's foster parent, researchers, parents involved in custody proceedings, or an attorney representing the subject of the report.

(7) Good faith reporters have immunity from civil and criminal liability that results from the report.

(c) Definitions of Abuse.

(1) Physical Abuse. Physical injury inflicted on a child by other than accidental means reasonable punishment of a child by a parent is not physical abuse even if it includes corporal punishment. However, punishment whose reasonably foreseeable outcome is or could be the child's serious physical injury is not reasonable and should be reported.

(2) Sexual Abuse. Sexual intercourse or sexual contact with a child under eighteen (18), sexual assault or sexual exploitation of a child, allowing the prostitution of a child, or a child's forced viewing of sexual activity.

(3) Emotional Abuse. Emotional abuse is not defined, but criteria for inferring its presence are given. This is called emotional damage. Emotional damage shall be harm to a child's psychological or intellectual functioning.

(4) Neglect. Failure, refusal, or inability on the part of the caretaker to provide necessary care, food, clothing, medical or dental care, or shelter. The neglect must be caused by a reason other than poverty and seriously endanger the physical health of the child.

(d) For details and additional information on mandated reporting consult the Human Resource Director, or LCO Day Care Director.