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DELAWARE ATTORNEY GENERAL
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SCHOOL EMPLOYEES MUST REPORT CHILD ABUSE
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School
Employees are required by law to report Child Abuse. The
Division of Family Services' (DFS) 24 hour reporting
number is 1-800-292-9582. Applicable parts of the Delaware
Child Abuse statutes can be read by clicking
here. It is recommended that the teacher reporting
suspected or known abuse make a written record of any
report made. The record should contain the date of
notification, a summary of the information conveyed, and
the identity of the person to whom the information was
given.
If DFS requests a written report, the report must be
submitted immediately. If a school employee in
Delaware knowingly or willfully fails to report a
reasonable suspicion of child abuse to DFS, the school
employee can be fined or imprisoned. Civil
liability is also possible. It is not enough to simply
tell your employer. Also, do not forget that the child
abuser may not always be the parent, but may also be
another school employee, which must also be reported. Some
incidents may be required to be reported as child abuse to
DFS and also to the police under the school crime
reporting law. After making a report to DFS, if DFS fails
to meet its legal obligations to investigate and take all
necessary action, the Attorney General should be notified.
Once a school employee has made a report to DFS as
required by law, there is a continuing duty to report
further abuse and neglect. Each new incident of abuse or
neglect must be reported to DFS, even if DFS is already
providing services to the student.
You should not fear being held liable by a child's parent
for making a good faith report of
suspected child abuse that turns out to be mistaken. Such
reports are protected by statutory immunity, and you
cannot be found liable so long as you act in good faith.
On the other hand, reports made for the purpose of
harassment are actionable.
FAQ
Question: Does a school official need to get
parental permission before allowing a social worker access
to a child for the purpose of investigating possible child
abuse?
Answer: NO
Question: Does a school incur liability for
damages under 20 U.S.C.A 1232g for reporting a case of
suspected child abuse without first contacting the child's
parents?
Answer: NO
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THE INFORMATION CONTAINED ON THIS WEBSITE IS INTENDED TO PROVIDE A GENERAL OVERVIEW OF ISSUES RELATED TO SCHOOL LAW
general overview of issues related to school law
* The information contained on this website is intended to provide a general overview of issues related to school law. While the
Attorney General's Office has made every effort to ensure that the material included reflects the Delaware law as of August 1, 2002, it
should be noted that the information is subject to constant change. Although the information presented strives for accuracy, it should
not be taken as legal advice. School administrators should consult their school district's attorney or Deputy Attorney General for
guidance on specific questions or cases.
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Victim Contact Information
| Victim Contact Information |
24-Hour Hotlines
Domestic Violence:
Rape Crisis Contact:
Mobile Crisis Unit:
Child Abuse Hotline:
Abriendo Puertas:
Northern Kent:
Kent/Sussex Counties:
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302-762-6110
800-262-9800
800-652-2929
800-292-9582
302-745-9874
302-678-3886
302-422-8058
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Full
Victim Contact List |
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Last Updated: Wednesday, 19-Sep-2007 12:52:35 EDT
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