Tennessee § 49-6-1601 - Procedures to follow if knowledge or reasonable cause to suspect child abuse — Completion of child abuse training program — Child abuse coordinator.

§ 49-6-1601. Procedures to follow if knowledge or reasonable cause to suspect child abuse — Completion of child abuse training program — Child abuse coordinator.

Notwithstanding § 37-5-107 or § 37-1-612, if a school teacher, school official, or other school personnel has knowledge or reasonable cause to suspect that a child who attends the school may be a victim of child abuse or child sexual abuse sufficient to require reporting pursuant to § 37-1-403 or § 37-1-605, then the school teacher, school official, or other school personnel must follow the procedures outlined in subsection (d). Each LEA and each public charter school shall ensure that all school officials and other school personnel annually complete the child abuse training program required in § 37-1-408. Each LEA and each public charter school shall designate a child abuse coordinator and an alternate child abuse coordinator for each school within the LEA or public charter school. The designation of an alternative child abuse coordinator is not required when only one (1) adult is employed by or responsible for the care of children at a school. The child abuse coordinator and the alternate child abuse coordinator must: Have access to an area providing privacy and access to a telephone for reporting suspected child abuse and child sexual abuse; Receive training in regard to: Mandatory reporting; Multidisciplinary protocols; Advocacy centers; The importance of limited interviews; and Signs, symptoms, or suspicions of child abuse; Be available for school personnel to share information about suspected child abuse and child sexual abuse; Assist school personnel in reporting suspected child abuse and child sexual abuse to law enforcement and to the department of children's services; Serve as a liaison between the school, the department, and law enforcement in child abuse and child sexual abuse investigations; Assist law enforcement and department personnel by sharing available information regarding suspected child abuse and child sexual abuse, and by providing a private area within the school for law enforcement and department personnel to meet with the child and the reporting school personnel as a group or individually if required; and Maintain confidential files in accordance with §§ 37-5-107 and 37-1-612 regarding all reported suspicions of child abuse and child sexual abuse. If a child voluntarily discloses information about possible abuse to a school teacher, school official, or other school personnel, then the child must be provided a quiet and private place to speak and the person receiving the information must listen openly and speak at the child's level in a positive, non-judgmental tone. The person receiving the information from the child must: Allow the child to say what happened in the child's own words; Avoid conducting an investigation by asking the child detailed questions; Make every effort to write down the child's exact words; Refrain from making any statements to the child about the alleged abuse, the alleged abuser, or the consequences of the child reporting the alleged abuse; and Immediately notify the school child abuse coordinator and report the information to the department and law enforcement. School teachers, school officials, and other school personnel should be observant of any bruising, injury, markings, or other unusual behavior that may be the result of child abuse or neglect, and immediately report any suspicions to the school's child abuse coordinator. Photographs of any bruising, injury, or markings must not be taken by any school child abuse coordinator, teacher, official, or other school personnel. Upon receiving a report of suspicion of child abuse or child sexual abuse, the child abuse coordinator must, along with the reporting school personnel who obtained the information from the child, report any suspected child abuse or child sexual abuse to law enforcement and the department. If a third party informs a school teacher, school official, or other school personnel of a reasonable suspicion that a child at the school may be the victim of child abuse or child sexual abuse, then the school teacher, school official, or other school personnel must: Encourage the third party to report the suspicion to the department and law enforcement; Notify the school's child abuse coordinator; and Report all information received from the third party to the department and law enforcement. School teachers, school officials, and other school personnel must maintain confidentiality of all information regarding any child abuse or child sexual abuse report made pursuant to this section and all information regarding the suspected child abuse or child sexual abuse must be maintained by the school child abuse coordinator in a confidential file separate from the child's educational file. School child abuse coordinators, school teachers, school officials, and other school personnel shall not provide any information relevant to the suspected child abuse or child sexual abuse to the child's parent or guardian, and must refer any questions from the child's parent or guardian to the investigating law enforcement agency and the department. For purposes of this section, “school” means any public or privately operated child care agency, as defined in § 71-3-501; child care program, as defined in § 49-1-1102; preschool; nursery school; kindergarten; elementary school; or secondary school. Each LEA and public charter school shall publish the requirements of this section in the LEA's and public charter school's policies and procedures manual. Acts 2009, ch. 283, § 1; 2020, ch. 708, § 1. Amendments. The 2020 amendment, in (a), deleted “or any other law to the contrary” preceding “if a school teacher” and substituted “, then the school teacher, school official, or other school personnel must follow the procedures outlined in subsection (d).” for “and that the abuse occurred on school grounds or while the child was under the supervision or care of the school, then the principal or other person designated by the school shall verbally notify the parent or legal guardian of the child that a report pursuant to this section has been made and shall provide other information relevant to the future well being of the child while under the supervision or care of the school. The verbal notice shall be made in coordination with the department of children's services to the parent or legal guardian within twenty-four (24) hours from the time the school, school teacher, school official or other school personnel reports the abuse to the department, judge or law enforcement; provided, that in no event may the notice be later than twenty-four (24) hours from the time the report was made. The notice shall not be given to any parent or legal guardian if there is reasonable cause to believe that the parent or legal guardian may be the perpetrator or in any way responsible for the child abuse or child sexual abuse.”; rewrote (b), which read, “Once notice is given pursuant to this section, the principal or other designated person shall provide to the parent or legal guardian all school information and records relevant to the alleged abuse or sexual abuse, if requested by the parent or legal guardian; provided, that the information is edited to protect the confidentiality of the identity of the person who made the report, any other person whose life or safety may be endangered by the disclosure and any information made confidential pursuant to federal law or § 10-7-504(a)(4) . The information and records described in this section shall not include records of other agencies or departments.”; added (c) and (d); redesignated former (c) as present (e) and former (d) as present (f); in (e), inserted “; child care program, as defined in§ 49-1- 1102;”; and in (f) inserted “and public charter school” twice. Effective Dates. Acts 2020, ch. 708, § 4, August 1, 2020. Cross-References. Confidentiality of public records, § 10-7-504 .