Investigation conducted on school premises
- • notification
- • role of school personnel
(1) If an investigation of a report of child abuse is conducted on school premises, the school administrator shall first be notified that the investigation is to take place, unless the school administrator is a subject of the investigation. The Department of Human Services or the law enforcement agency conducting the investigation is not required to reveal information about the investigation to the school as a condition of conducting the investigation. The school administrator or a school staff member designated by the administrator may, at the investigator’s discretion, be present to facilitate the investigation. The investigator shall be advised by a school administrator or a school staff member of a child’s disabling conditions, if any, prior to any interview with the child. A school administrator or school staff member may not notify any person, including a child’s parents or guardian, other than the department or law enforcement agency of an investigation described in this section and may not disclose any information obtained during an investigation, nor shall the information become part of the child’s school records. The school administrator or school staff member may testify at any subsequent court proceeding relating to the investigation and may be interviewed by the respective litigants prior to any court proceeding.
(2) A school district, school administrator or school staff member may not be held liable for civil damages as a result of compliance with the notification and disclosure prohibitions in subsection (1) of this section.
(3) Subsections (1) and (2) of this section apply solely to an investigation that involves an interview of the suspected victim in the report of child abuse or witnesses and do not apply to an investigation or interview of a person who is suspected of having committed the abuse that is the subject of the report. [1993 c.546 §22; 2003 c.14 §225; 2017 c.515 §1]
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