118665-1:n:02/22/2010:KMS/mfp LRS2010-1139
| SYNOPSIS: | Under existing law, certain persons and entities are required to report suspected child abuse or neglect. |
| This bill would deem a school teacher or official in compliance with reporting requirements upon submission of a written report to the principal of the school or superintendent of the employing local board of education, and would require the principal or superintendent to provide a copy of the report to the proper authorities. |
To amend Section 26-14-3, Code of Alabama 1975, relating to mandatory reporting of suspected child abuse or neglect; to establish specific reporting requirements for school teachers and school officials; and to provide for the responsibilities of principals and local superintendents of education.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 26-14-3 of the Code of Alabama 1975, is amended to read as follows:§26-14-3.
"(a) All hospitals, clinics, sanitariums, doctors, physicians, surgeons, medical examiners, coroners, dentists, osteopaths, optometrists, chiropractors, podiatrists, nurses, school teachers and officials, peace officers, law enforcement officials, pharmacists, social workers, day care workers or employees, mental health professionals, members of the clergy as defined in Rule 505 of the Alabama Rules of Evidence, or any other person called upon to render aid or medical assistance to any child, when the child is known or suspected to be a victim of child abuse or neglect, shall be required to report, or cause a report to be made of the same, orally, either by telephone or direct communication immediately, followed by a written report, to a duly constituted authority.
"(b) When an initial report is made to a law enforcement official, the official subsequently shall inform the Department of Human Resources of the report so that the department can carry out its responsibility to provide protective services when deemed appropriate to the respective child or children.
"(c) When the Department of Human Resources receives initial reports of suspected abuse or neglect involving discipline or corporal punishment committed in a public or private school or suspected abuse or neglect in a state-operated child residential facility, the Department of Human Resources shall transmit a copy of school reports to the law enforcement agency and residential facility reports to the law enforcement agency and the operating state agency which shall conduct the investigation. When the investigation is completed, a written report of the completed investigation shall contain the information required by the state Department of Human Resources which shall be submitted by the law enforcement agency or the state agency to the county department of human resources for entry into the state's central registry.
"(d) Nothing in this chapter shall preclude interagency agreements between departments of human resources, law enforcement, and other state agencies on procedures for investigating reports of suspected child abuse and neglect to provide for departments of human resources to assist law enforcement and other state agencies in these investigations.
"(e) Any provision of this section to the contrary notwithstanding, if any agency or authority investigates any report pursuant to this section and the report does not result in a conviction, the agency or authority shall expunge any record of the information or report and any data developed from the record.
"(f) Subsection (a) to the contrary notwithstanding, a member of the clergy shall not be required to report information gained solely in a confidential communication privileged pursuant to Rule 505 of the Alabama Rules of Evidence which communication shall continue to be privileged as provided by law.
"(g) A school teacher or official is in compliance with this section if he or she submits a written report to the principal of the school or superintendent of the employing local board of education, or the designee of either, by the close of the next school day after the teacher or official has become aware of the suspected abuse. Such principal or superintendent, or his or her designee, shall provide a copy of the report to the duly constituted authority pursuant to subsection (a)."
Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.