PHOENIX — Teachers and some school volunteers must report suspected cases of abuse directly to police or Child Protective Services caseworkers or risk criminal prosecution, state Attorney General Terry Goddard said Tuesday.
Goddard, in a formal legal opinion, said telling a principal or supervisor, while "advisable," is not enough to comply with the stringent requirements of the abuse reporting laws. And Goddard said those laws also cover not only teachers but even volunteers who provide direct care for children.
Tuesday's ruling follows last year's indictment of four Marana elementary school employees who did not immediately report the claim of a 5-year-old student of sexual assault. Instead the four, including the principal, the counselor and two teachers, waited two days.
Charges eventually were dropped against all four after they signed agreements to complete community service and abuse reporting training.
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But state Rep. Ted Downing, D-Tucson, said that still left questions about who must report, and to whom. He noted that one of the teachers said she had gone immediately to the principal and was assured the incident would be reported.
That's not good enough, said Goddard.
"Although informing a principal or other supervisor is advisable, this does not necessarily satisfy the teacher's duty to ensure that the information regarding the suspected abuse is conveyed to a peace officer or Child Protective Services," Goddard wrote.
He acknowledged the law requires teachers and certain other professionals to report themselves, or cause a report to be filed. But Goddard said anyone who wants to rely on that second provision in the law by telling a supervisor then must confirm that person did, in fact, make the report.
Goddard said the reporting requirement, on its face, does not extend to school volunteers. But he said that exemption is not universal.
On one hand, Goddard said volunteers who perform strictly administrative tasks, like clerical work, have no legal obligation. But he said a volunteer who helps on a field trip may be legally responsible for the children and, therefore, legally obligated to report suspected cases of abuse.
Goddard said in those cases, there is the same requirement to report directly or assure a supervisor has made the report.
