Can I be sued?

[Scilla8402]

I'm a first year teacher in a middle school. A student said to me: "A long time ago I tried to kill myself. I tied a rope to my bed." I reported to the guidance counselor the next day. Can I be sued or fired?

 

[army judge]

Anyone can be sued for anything.
You can be sued for reporting what the student is alleged to have told you.
But, you have nothing to fear for doing your duties.
You're a mandated reporter.
You are required to reveal and report certain things.
What you allegedly told the counselor s protected speech, because of your status as a mandated reporter.



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[Scilla8402]

Thank you, Army Judge. By law, was I required to report the same day?

 

[Proserpina]

I'm not being snarky here, but shouldn't you know your responsibilities?

 

[Scilla8402]

I'm not being snarky here, but shouldn't you know your responsibilities?

Well, I know exactly what to do if a student tells me he or she is GOING to kill/harm him or herself. I am not sure what the procedure is when one tells me of something they've done in past. I don't recall covering this info in my colleges courses or the law meeting we had at the beginning of the year. Thank you for your reply.

 

[army judge]

Thank you, Army Judge. By law, was I required to report the same day?

As a mandated reporter it is imperative that any such information be reported IMMEDIATELY upon your discovering same.

I can't tell you what you must have done, but I would report it as soon as I heard about it.

You might want to seek clarification on this aspect of your duties from your principal, teaching supervisor, or as a 1st year teacher; your mentor.

It wouldn't be your job to investigate it (as a teacher), but the duty to report is immediate.

Who must report child abuse and neglect?

State law provides that certain people are mandated to report when they learn information in their professional capacity that leads them to believe that a child is harmed or at significant risk of being harmed (abused or neglected) by their parent, guardian or other caregiver as defined by statute. All other persons may report when they believe a child is harmed or at significant risk of being harmed. See Section 63-7-610, Persons Required to Report https://dss.sc.gov/content/customers/protection/cps/required.pdf .

Mandated reporters can access on-line training at the Children's Law Center website.

This is your state's child protective agency:

https://dss.sc.gov/content/customers/protection/cps/index.aspx

This site provides information on training and the law:

http://childlaw.sc.edu/trainings.asp