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 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 under Iowa Code section 232.68 as:
• Any nonaccidental 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.
• The commission of a sexual offense with or to a child . . . as a result of the acts or omissions of the person responsible for the child. . . . Sexual offense includes sexual abuse, incest, and sexual exploitation of a minor.
• 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 welfare when financially able 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 will 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 prohibited pursuant to Iowa Code, section 725.1 that deals with prostitution.
• Any mental injury to a child’s intellectual or psychological capacities 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 by a licensed physician or qualified mental health professional
• An illegal drug is present in a child’s body as a direct and foreseeable consequence of the acts of omissions of the person responsible for the care of the child.
• The person responsible for the care of a child, in the presence of a child, unlawfully uses, possesses, manufactures, cultivates, or distributes a dangerous substance as defined under Iowa law, or knowingly allows such use, possession, manufacture, cultivation or distribution by another person in the presence of a child, intends to use such a product as a precursor or intermediary to a dangerous substance in the presence of a child, or unlawfully uses, possesses, manufactures, cultivates, or distributes a dangerous substances in a child’s home, on the premises, or in a motor vehicle located on the premises.
• 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.
• A person who is responsible for the care of a child knowingly allowing another person custody of, control over, or unsupervised access to a child under the age of fourteen or a child with a physical or mental disability, after knowing the other person is required to register or is on the sex offender registry.
• The person responsible for the care of the child has knowingly allowed the child access to obscene material as defined under Iowa law or has knowingly disseminated or exhibited such material to the child.
• The recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a child for the purpose of commercial sexual activity as defined under Iowa law.
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
Licensed employees, including teachers and school nurses, are required to report, either orally or in writing, within twenty-four 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. Within forty-eight hours of an oral report, a written report must be filed with DHS.
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.
Board policy states 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.