SB 465 — Relating to mandated reporting of child abuse and neglect

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Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for Committee Substitute for Senate Bill 465 By Senators Trump, Boso, Ferns, Baldwin, and ClineCline, [Originatingoriginal insponsors the[Passed CommitteeMarch on7, Education;2018;

Reportedin oneffect February90 14,days 2018]from passage]     AAN BILLACT to amend and reenact §49-2-803 of the Code of West Virginia, 1931, as amended, relating generally to mandated reporting of child abuse and neglect;

clarifying that minors are not mandated reporters;

(a) Any medical, dental, or mental health professional, Christian Science practitioner, religious healer, school teacher or other school personnel, social service worker, child care or foster care worker, emergency medical services personnel, peace officer or law-enforcement official, humane officer, member of the clergy, circuit court judge, family court judge, employee of the Division of Juvenile Services, magistrate, youth camp administrator or counselor, employee, coach or volunteer of an entity that provides organized activities for children, or commercial film or photographic print processor who has reasonable cause to suspect that a child is neglected or abused, including sexual abuse or sexual assault, or observes the child being subjected to conditions that are likely to result in abuse or neglect shall immediately, and not more than forty-eight 24 hours after suspecting this abuse or neglect, report the circumstances or cause a report to be made to the Department of Health and Human Resources.

In any case where the reporter believes that the child suffered serious physical abuse or sexual abuse or sexual assault, the reporter shall also immediately report, or cause a report to be made, to the State Police and any law-enforcement agency having jurisdiction to investigate the complaint.

(b) AnyCounty personboards over the age of eighteeneducation whoand receivesprivate aschool disclosureadministrators fromshall aprovide credibleall witnessemployees orwith observes any sexual abuse or sexual assault of a child,written shallstatement immediately,setting andforth not more than forty-eight hours after receiving that disclosure or observing the sexualrequirements abusecontained orin sexualthis assault,section reportand theshall circumstancesobtain orand causepreserve a reportsigned toacknowledgment befrom madeschool toemployees thethat Departmentthey ofhave Healthreceived and Humanunderstand Resources or the Statereporting Policerequirement. or other law-enforcement agency having jurisdiction to investigate the report.

In  the(c) eventNothing that the individual receiving the disclosure or observing the sexual abuse or sexual assault has a good faith belief that the reporting of the event to the police would expose either the reporter, the subject child, the reporter's children or other children in thethis subjectarticle child'sis householdintended to anprevent increasedindividuals threatfrom ofreporting serioussuspected bodilyabuse injury, the individual may delay making the report while he or sheneglect undertakeson measurestheir toown removebehalf. themselves or the affected children from the perceived threat of additional harm and the individual makes the report as soon as practicable after the threat of harm has been reduced.

The law-enforcement agency that receives a report under this subsection shall report the allegations to the Department of Health and Human Resources and coordinate with any other law-enforcement agency, as necessary to investigate the report.

(c) Any school teacher or other school personnel who receives a disclosure from a witness, which a reasonable prudent person would deem credible, or personally observes any sexual contact, sexual intercourse or sexual intrusion, as those terms are defined in article eight-b, chapter sixty-one, of a child on school premises or on school buses or on transportation used in furtherance of a school purpose shall immediately, but not more than 24 hours, report the circumstances or cause a report to be made to the State Police or other law-enforcement agency having jurisdiction to investigate the report:

Provided, That this subsection will not impose any reporting duty upon school teachers or other school personnel who observe, or receive a disclosure of any consensual sexual contact, intercourse, or intrusion occurring between students who would not otherwise be subject to section three, five, seven or nine of article eight-8, chapter sixty-one of this code:

Provided, however, That any teacher or other school personnel shall not be in violation of this section if he or she makes known immediately, but not more than 24 hours.

to the principal, assistant principal or similar person in charge, a disclosure from a witness, which a reasonable prudent person would deem credible, or personal observation of conduct described in this section:

Provided further, That a principal, assistant principal or similar person in charge made aware of such disclosure or observation from a teacher or other school personnel shall be responsible for immediately, but not more than 24 hours, reporting such conduct to law enforcement (d) (b) County boards of education and private school administrators shall provide all employees with a written statement setting forth the requirement requirements contained in this subsection section and shall obtain and preserve a signed acknowledgment from school employees that they have received and understand the reporting requirement.

(e) The reporting requirements contained in this section specifically include reported, disclosed or observed conduct involving or between students enrolled in a public or private institution of education, or involving a student and school teacher or personnel.

When the alleged conduct is between two students or between a student and school teacher or personnel, the law enforcement body that received the report under this section is required to make such a report under this section shall additionally immediately, but not more than 24 hours, notify the students' parents, guardians, and custodians about the allegations (f) (c) Nothing in this article is intended to prevent individuals from reporting suspected abuse or neglect on their own behalf.

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