Iowa law requires licensed employees to report to the Iowa Department of Human Services (DHS) instances of suspected child abuse which they become aware of within the scope of their professional duties.

The law further specifies that a licensed employee who is a mandatory reporter who knowingly or willfully fails to report a suspected case of child abuse is guilty of a simple misdemeanor and that the licensed employee may be subject to civil liability for damages caused by the failure to report.

Employees participating in good faith in the making of a report or in a judicial proceeding that may result from the report, are immune from liability. 

Child Abuse Defined

“Child abuse“ is defined as:

• Any non-accidental physical injury, or injury which is at variance with the history given of it, suffered by a child as the result of the acts or omissions of a person responsible for the care of the child.
• Any mental injury to a child’s intellectual or psychological capacity as evidenced by an observable and substantial impairment in the child’s ability to function within the child’s normal range of performance and behavior as the result of the acts or omissions of a person responsible for the care of the child, if the impairment is diagnosed and confirmed by a licensed physician or qualified mental health professional as defined by Iowa law.
• The commission of a sexual offense with or to a child pursuant to Iowa law, as a result of the acts or omissions of the person responsible for the care of the child.
• The failure on the part of a person responsible for the care of a child to provide for the adequate food, shelter, clothing or other care necessary for the child’s health and welfare when financially able to do so or when offered financial or other reasonable means to do so.  A parent or guardian legitimately practicing religious beliefs who does not provide specified medical treatment for a child for that reason alone shall not be considered abusing the child.
• The acts or omissions of a person responsible for the care of a child which allow, permit, or encourage the child to engage in acts of prostitution.
• An illegal drug is present in a child’s body as a direct and foreseeable consequence of the acts or omissions of the person responsible for the care of the child.
• The person responsible for the care of a child has, in the presence of the child, manufactured a dangerous substance, or in the presence of the child possesses a product containing ephedrine, its salts, optical isomers, salts of optical isomers, or pseudoephedrine, its salts, optical isomers, salts of optical isomers, with the intent to use the product as a precursor or an intermediary to a dangerous substance.
• The commission of bestiality in the presence of a minor by a person who resides in a home with a child, as a result of the acts or omissions of a person responsible for the care of the child.
• Knowingly allowing a person custody or control of, or unsupervised access to a child or minor, after knowing the person is required to register or is on the sex offender registry.

Teachers in public schools are not “persons responsible for the care of the child“ under this definition.  However, a teacher who abuses a child is subject to civil, criminal, and professional sanctions.

Reporting Procedures

All licensed school employees, including teachers, coaches, nurses, and paraeducators, are required to report, orally, within 24 hours or and in writing, within  48 hours to the Iowa Department of Human Services (DHS) when the employee reasonably believes a child has suffered from abuse within the scope of employment. 

Each report should contain as much of the following information as can be obtained within the time limit.  However, the law specifies a report will be considered valid even if it does not contain all of the following information:

• name, age, and home address of the child;
• name and home address of the parents, guardians or other persons believed to be responsible for the care of the child;
• the child’s present whereabouts if not the same as the parent’s or other person’s home address;
• description of injuries, including evidence of previous injuries;
• name, age, and condition of other children in the same home;
• any other information considered helpful; and,
• name and address of the person making the report.

It is not the responsibility of employees to prove that a child has been abused or neglected.  Employees should not take it upon themselves to investigate the case or contact the family of the child.  DHS is responsible for investigating the incident of alleged abuse.

Approved:  July 25, 2018      
Reviewed: May 23, 2022     
Revised: May 23, 2022                         

 

An individual who has knowledge an employee has physically or sexually abused a student may immediately report it to the school district’s Level I investigator.  “Employee” means one who works for pay or as a volunteer under the direction and control of the school district.  The report is written, signed and witnessed by a person of majority age.  The witness may be the Level I investigator.  The reporter is the individual filing the report. 

The report will contain the following:

• The full name, address, and telephone number of the person filing.
• The full name, age, address, and telephone number, and attendance center of the student.
• The name and place of employment of the employee who allegedly committed the abuse.
• A concise statement of the facts surrounding the incident, including date, time, and place of occurrence, if known.
• A list of possible witnesses by name, if known.
• Names and locations of persons who examined, counseled or treated the student for the alleged abuse, including the dates on which those services were provided, if known.

Upon request, the Level I investigator may assist the reporter in completing the report.  An incomplete report will not be rejected unless the missing information would render the investigation futile or impossible.  An employee receiving a report of alleged abuse of a student by an employee will pass the report to the investigator and will keep the report confidential to the maximum extent possible.

In order for the school district to have jurisdiction over the acts and to constitute a violation of the law, acts of the employee must be alleged to have occurred on school grounds, on school time, at a school-sponsored activity, or in a school-related context.  However, the student need not be a student in the school district.  The student can be from another school district.

To be investigable, the written report must include basic information showing that the victim of the alleged abuse is or was a student at the time of the incident, that the alleged act of the employee resulted in injury or otherwise meets the definition of abuse in these rules, and that the person responsible for the act is currently an employee.  If the report is not investigable due to lack of jurisdiction, the investigator will dismiss the complaint and inform the reporter of other options available.  Other options available to the reporter include contacting law enforcement authorities, private counsel, or the Board of Educational Examiners in the case of a licensed employee.

If the Level I investigator believes the student is in imminent danger if continued contact is permitted between the employee and the student, the Level I investigator may:

• temporarily remove the student from contact with the employee;
• temporarily remove the employee from service; or,
• take other appropriate action to ensure the student’s safety.

The Level I investigator will have access to the educational records of the student and access to the student for purposes of interviewing the student about the report.

Any Level I investigation shall follow all applicable Iowa laws and regulations.

 

Complaint of Injury to or Abuse of a Student by a School District Employee

 

Please complete the following as fully as possible.  If you need assistance, contact the Level I investigator in your school.

 

Student’s Name and Address:____________________________________________________
____________________________________________________________________________
____________________________________________________________________________

 

Student’s Telephone number: ____________________________________________________
 

Student’s School: _____________________________________________________________
____________________________________________________________________________

 

Name and place of employment of employee accused of abusing student:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________

Allegation is of________________ Physical abuse_____________ Sexual abuse___________

Please describe what happened.  Included the date, time and where the incident took place, if known.  If physical abuse is alleged, also state the nature of the student’s injury: ____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________

 

Were there any witnesses to the incident or are there students or persons who may have information about this incident?            yes             no

If yes, please list by name, if known, or classification (for example “third grade class,” “fourth period geometry class”):

____________________________________________________________________________

*Parents of children who are in pre-kindergarten through sixth grade and whose children are the alleged victims of or witnesses to sexual abuse have the right to see and hear any interviews of their children in this investigation.  Please indicate “yes” if the parent/guardian wishes to exercise this right:

           Yes                  No      Telephone Number                                       

 

Has any professional person examined or treated the student as a result of the incident?          yes           no           unknown

If yes, please provide the name and address of the professional(s) and the date(s) of examination or treatment, if known

____________________________________________________________________________
____________________________________________________________________________

 

Has anyone contacted law enforcement about this incident?          yes           no

Please provide any additional information you have which would be helpful to the investigator.  Attach additional pages if needed.

____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________

Your name, address and telephone number:

____________________________________________________________________________
____________________________________________________________________________

Relationship to student:_________________________________________________________

 

_________________________________________     _________________________________
Complainant Signature                                                          Witness Signature

_________________________________________     _________________________________
Date                                                                                        Witness Name (please print)

                                                                                       _________________________________
                                                                                                 Witness Address

 

Be advised that you have the right to contact the police or sheriff’s office, the county attorney, a private attorney, or the State Board of Educational Examiners (if the accused is a licensed employee) for investigation of this incident.  The filing of this report does not deny you that opportunity. 

You will receive a copy of this report (if you are the named student’s parent or guardian) and a copy of the Investigator’s Report within fifteen calendar days of filing this report unless the investigation is turned over to law enforcement.

 

Report of Level I Investigation

Students Name:______________________________________________

Student’s Age_________________________           Students Grade:________________

Student’s Address:_____________________

Student’s School:________________________________________

Name of accused school employee: _____________________     Building:_____________

Name and address of person filing report:___________________________________________

Name and address of student’s parent or guardian, if different from person filing report:_______________________________________________________________________

Date report of abuse was filed:_______________________________________

Allegation is: Physical Abuse:________________ Sexual Abuse:___________________

Describe the nature, extent and cause of the student’s injury, if any and if known: (Attach additional pages if needed) .____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Describe your investigation: Attached additional pages if needed. (Please do not use student witnesses ‘full names.)

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

*Were parent(s) or guardian(s) advised of their right to see and hear any interview of their pre-kindergarten through sixth grade children who are alleged victims of or a witness in a sexual abuse investigation?

_____Yes______No   Was the right exercised? ________Yes________No

Were audio tapes made of any interviews? ______Yes________No

Were video tapes made of any interviews? ______Yes________No

Was any action taken to protect the student during or as a result of the investigation?
________Yes_______No

If yes, describe: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

_______student excused from school __________school employee placed on leave

_______student assigned to different class ___________other (please specify) ___________________________________________________________________________

Level I investigator’s conclusions:

                 The complaint is being dismissed for lack of jurisdiction.

                 Physical abuse was alleged, but no allegation of injury was made.

                Physical abuse was alleged, but no evidence of physical injury exists, and the nature    of the alleged incident makes it unlikely an injury, as defined in the rules,
                occurred.

                Sexual abuse was alleged, but the alleged actions of the school employee, even if true, would not meet the definition of sexual abuse in the rules.

                 Alleged victim was not a student at the time of the incident.

                 Alleged school employee is not currently employed by this school district.

                 Alleged incident did not occur on school grounds, on school time, at a school-sponsored activity, nor in a school-related context.

                 The complaint has been investigated and concluded at Level I as unfounded.

                 Complaint was withdrawn.

                  Insufficient evidence exists that an incident of abuse, as defined in the rules, took place.

                 The complaint has been investigated at Level I and is founded.

                The investigation is founded at Level I and is being turned over to Level II for further investigation.

               Investigation of the complaint was deferred at Level I and referred to law enforcement at this time.

                The investigation is concluded at Level I because the accused school employee has admitted the violation, has resigned, or has agreed to relinquish any teaching
                license held.

 

Current status of investigation:

                 Closed.  No further investigation is warranted.

                 Closed and referred to school officials for further investigation as a personnel matter.

                 Deferred to law enforcement officials.

                 Turned over to Level II investigator.

Other Comments:  __________________________________________________________________________________________________
_________________________________________________________________________________________________________________

I have given a copy of the report of abuse and of this investigative report to the employee named in the report, the employee’s supervisor, and the student’s parent or guardian and informed the person filing the report of the options of contacting law enforcement, private counsel, or the State Board of Educational Examiners, if the accused school employee holds an Iowa teacher’s certificate or license.

________________________________________________________     ______________________________________________________
Name of investigator (please print)                                                                     Investigator's place of employment

________________________________________________________     ______________________________________________________
Signature of investigator                                                                                      Date