Teachers who suspect children are being abused or neglected must report that directly to law enforcement or state Child Protective Services and some school volunteers also can have a duty to make reports, Attorney General Terry Goddard said Dec. 20.

Mr. Goddard, in a legal opinion issued in response to a request by a state legislator, said teachers can’t report suspected abuse or neglect just to a supervisor and count on that person to pass that information to law enforcement or CPS.

State law lists teachers as among those people who have to submit reports when they reasonably believe that a child is or has been a victim of child abuse or neglect.

“Although informing a principal or other supervisor is advisable, this does not necessarily satisfy the teacher’s duty to ensure that the information regarding the suspected abuse is conveyed to a police officer or Child Protective Services,” Mr. Goddard wrote.

Volunteers…

He also concluded that school volunteers have a reporting duty under state law if the volunteers are responsible for the care or treatment of a child.

While a specific volunteer has responsibility for the care or treatment of a child depends on circumstances of that case, a volunteer who helps in a classroom under a teacher’s supervision generally would not be responsible for care and treatment of children, Mr. Goddard said.

“In that situation, the teacher, rather than a volunteer who may assist the teacher is responsible for the children’s care. In contrast, on field trips volunteers may well be responsible for the care of children,” added Mr. Goddard.

And like a teacher, a volunteer who has a duty to report suspected abuse must do so directly to law enforcement or CPS, not through a principal, teacher or some other person, Mr. Goddard said.

In any case, a volunteer or other person still can report suspected abuse even if they are not required to do so, Mr. Goddard added.

Rep. Ted Downing, D-28, was the lawmaker who requested the opinion.

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