Q: Does the Law Allow Schools to Develop Special Procedures for Reporting Child Abuse?

A: Yes. It has been the practice of many schools to develop special procedures for reporting child abuse. School personnel who are mandated to report should be aware, however, that regardless of the existence of such procedures, reporting to a child protective agency is still required by law, and "good intentions: may not be a defense in a criminal or civil action initiated for failure to report.

Furthermore, reporting is an individual responsibility. No supervisor or administrator may interfere with the individual reporting responsibility; nor may a mandated reporter be absolved of responsibility by relying on a supervisor or administrator to meet his or her individual reporting responsibility.

Q: Can A School District Release Information From a Pupil's Record in an Emergency Without Parental Consent or Judicial Order?

A: Yes. If a law enforcement agency needs that information in an emergency to protect the health or safety of that student or another person, the school may disclose it to a peace officer. This is a closely limited rule and, in fact, replaces a statute that had given more disclosure rights to the police.

Thus, if law enforcement agencies and others need information from school records, they need to comply with Education Code section 49076, subd. (b)(1). When grounds for access are not clearly established, consultation with county counsel is advisable.

Q: Is a School Official Required to Notify a Parent, Guardian or Responsible Relative When a Minor Pupil Who is a Victim of Suspected Child Abuse is Released Into the Custody of a Peace Officer?

A: No. If a minor pupil is released from the school, as a victim of suspected child abuse, into the custody of a peace officer and the school receives inquiries from parents about the student's location, the parents should be referred to the law enforcement agency that took the minor pupil into protective custody.

The school official shall provide the peace officer with the address and telephone number of the minor's parent or guardian. The peace officer shall take immediate steps to notify the parent, guardian, or responsible relative of the minor that the minor is in custody and the place where he or she is being held. If the officer has a reasonable belief that the minor would be endangered by a disclosure of the place where the minor is being held, or that the disclosure would cause the custody of the minor to be disturbed, the officer may refuse to disclose the place where the minor is being held for a period not to exceed 24 hours. The officer shall, however, inform the parent, guardian, or responsible relative whether the child requires and is receiving medical or other treatment. The juvenile court shall review any decision not to disclose the place where the minor is being held at a subsequent detention hearing. (Ed. Code, 48906.)

Before releasing a child who is suspected of being abused by a parent or guardian to a peace officer, the school should obtain the officer's name, badge number and telephone number for the parents or guardians, inquiring about their child's removal.

The law allows schools to develop special procedures for reporting child abuse. School personnel who are mandated to report should be aware, however, that regardless of the existence of such procedures, reporting to a child protective agency is still required by law. No supervisor or administrator may interfere with the individual reporting responsibility; nor may a mandated reporter be absolved of responsibility by relying on a supervisor or administrator to meet his or her individual reporting responsibility.

A school district can release information from a pupil's record in an emergency without parental consent or judicial order, in order to protect that student. In addition, school officials are not required to notify a parent, guardian or responsible relative when a minor pupil who is a victim of suspected child abuse is released into the custody of a peace officer. Finally, school personnel can be present during an officer's interview of a student on school grounds who is an alleged child abuse victim.