HISD Policies Regarding Child Abuse

Houston ISD
101912

STUDENT WELFARE FFG
CHILD ABUSE AND NEGLECT (LEGAL)

DATE ISSUED: 11/22/2013 1 of 6
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The District shall provide child abuse antivictimization programs in
elementary and secondary schools. Education Code 38.004
Any person who has cause to believe that a childs physical or
mental health or welfare has been adversely affected by abuse or
neglect by any person shall immediately make a report as required
by law. Family Code 261.101(a)
Any professional who has cause to believe that a child has been or
may be abused or neglected shall make a report as required by
law. The report must be made within 48 hours after the profes-
sional first suspects abuse or neglect.
A professional may not delegate to or rely on another person to
make the report.
A professional is a person who is licensed or certified by the state
or who is an employee of a facility licensed, certified, or operated
by the state and who, in the normal course of official duties or du-
ties for which a license or certification is required, has direct con-
tact with children. The term includes teachers, nurses, doctors,
day-care employees, and juvenile detention or correctional officers.
Family Code 261.101(b)
A person or professional shall make a report in the manner re-
quired above if the person or professional has cause to believe that
an adult was a victim of abuse or neglect as a child and the person
or professional determines in good faith that disclosure of the in-
formation is necessary to protect the health and safety of another
child or an elderly or disabled person. Family Code 261.101(b-1)
An employee may not use or threaten to use the refusal of a par-
ent, guardian, or managing or possessory conservator to adminis-
ter or consent to the administration of a psychotropic drug to a
child, or to consent to any other psychiatric or psychological testing
or treatment of the child, as the sole basis for making a report of
neglect, unless the employee has cause to believe that the refusal:
1. Presents a substantial risk of death, disfigurement, or bodily
injury to the child; or
2. Has resulted in an observable and material impairment to the
growth, development, or functioning of the child.
Education Code 26.0091; Family Code 261.111(a) [See FFAC]
The report should reflect the reporters belief that a child has been
or may be abused or neglected or has died of abuse or neglect.
The person making the report shall identify, if known:
ANTIVICTIMIZATION
PROGRAM
DUTY TO REPORT
BY ANY PERSON
BY A
PROFESSIONAL
ADULT VICTIMS OF
ABUSE
PSYCHOTROPIC
DRUGS AND
PSYCHOLOGICAL
TESTING
CONTENTS OF
REPORT
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1. The name and address of the child;
2. The name and address of the person responsible for the care,
custody, or welfare of the child; and
3. Any other pertinent information concerning the alleged or
suspected abuse or neglect.
Family Code 261.103, .104
If the alleged or suspected abuse or neglect involves a person re-
sponsible for the care, custody, or welfare of the child, the report
must be made to the Texas Department of Family and Protective
Services (DFPS), unless the report is made under item 3, below, or
the report involves a juvenile justice program or facility [see
JJAEPS, below].
All other reports shall be made to:
1. Any local or state law enforcement agency;
2. The DFPS, including a local office where available;
3. The state agency that operates, licenses, certifies, or regis-
ters the facility in which the alleged abuse or neglect oc-
curred; or
4. The agency designated by the court to be responsible for the
protection of children.
Family Code 261.103; 19 TAC 61.1051(a)(1)
Any report of alleged abuse, neglect, or exploitation in a juvenile
justice program or facility shall be made to the Texas Juvenile Pro-
bation Commission and a local law enforcement agency for inves-
tigation. The term juvenile justice program includes a juvenile
justice alternative education program. Family Code
261.405(a)(2)(A), (b)
A person acting in good faith who reports or assists in the investi-
gation of a report of alleged child abuse or neglect or who testifies
or otherwise participates in a judicial proceeding arising from a re-
port, petition, or investigation of alleged child abuse or neglect is
immune from any civil or criminal liability that might otherwise be
incurred or imposed. Family Code 261.106
The District may not suspend or terminate the employment of, or
otherwise discriminate against, a professional who makes a good
faith report of abuse or neglect. Family Code 261.110 [See DG]
TO WHOM REPORTED
JJAEPS
IMMUNITY FROM
LIABILITY
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A person commits a Class A misdemeanor if he or she is required
to make a report under Family Code 261.101(a) [see DUTY TO
REPORT] and knowingly fails to make a report as provided by law.
A person who is a professional commits a Class A misdemeanor if
the person is required to make a report under Family Code
261.101(b) [see DUTY TO REPORT] and knowingly fails to make a
report as provided by law. The professional commits a state jail
felony if he or she intended to conceal the abuse or neglect.
Family Code 261.109
Failure to report child abuse or neglect violates the Educators
Code of Ethics and may result in sanctions against an educators
certificate, as addressed in 19 Administrative Code Chapter 249.
19 TAC 61.1051(a)(2)(A)
A person commits an offense if, with the intent to deceive, the per-
son knowingly makes a report of abuse and neglect that is false.
The offense is a state jail felony, except that it is a felony of the
third degree if the person has previously been convicted of the of-
fense. Family Code 261.107(a)
An employee who coerces another into suppressing or failing to
report child abuse or neglect to a law enforcement agency commits
a Class C misdemeanor offense. Penal Code 39.06
A report of alleged or suspected abuse or neglect and the identity
of the person making the report is confidential and not subject to
release under Government Code Chapter 552 (Public Information
Act). Such information may be disclosed only for purposes con-
sistent with federal or state law or under rules adopted by an inves-
tigating agency. Family Code 261.201
Unless waived in writing by the person making the report, the iden-
tity of an individual making a report under this chapter is confiden-
tial and may be disclosed only to a law enforcement officer for the
purposes of a criminal investigation of the report, or as ordered by
a court under Family Code 261.201. Family Code 261.101(d)
If the DFPS initiates an investigation and determines that the
abuse or neglect involves an employee of a public primary or sec-
ondary school, and that the child is a student at the school, the de-
partment shall orally notify the superintendent of the district in
which the employee is employed. Family Code 261.105(d)
The DFPS shall send a written report of its investigation, as
appropriate, to the school principal, unless the principal is alleged
to have committed the abuse or neglect, to the Board, and to the
CRIMINAL OFFENSES
FAILURE TO
REPORT
FALSE REPORT
COERCION
CONFIDENTIALITY OF
REPORT
INVESTIGATIONS
REPORTS TO
DISTRICT
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Superintendent. The report shall be edited to protect the identity of
the person who made the report. Family Code 261.406(b)
The investigating agency shall be permitted to interview the child at
any reasonable time and place, including at the childs school.
Family Code 261.302(b) [See GRA]
A person may not interfere with an investigation of a report of child
abuse or neglect conducted by the DFPS. Family Code
261.303(a)
A photograph, videotape, audiotape, or other audio or visual re-
cording, depiction, or documentation of a child that is made by
DFPS in the course of an inspection or investigation is confidential,
is not subject to release under the Texas Public Information Act,
and may be released only as required by state or federal law or
rules adopted by the DFPS. Human Resources Code 42.004
The Board shall establish and annually review policies for reporting
child abuse and neglect. The policies shall follow the requirements
of Family Code Chapter 261.
The policies must require every school employee, agent, or con-
tractor who suspects child abuse or neglect to submit a written or
oral report to at least one of the authorities listed above [see TO
WHOM REPORTED] within 48 hours or less, as determined by the
Board, after learning of facts giving rise to the suspicion.
The policies must also be consistent with 40 Administrative Code
Chapter 700 regarding investigations by the DFPS, including regu-
lations governing investigation of abuse by school personnel and
volunteers. [See GRA]
19 TAC 61.1051(a)(3)
The policies must notify school personnel of the following:
1. Penalties under Penal Code 39.06 (misuse of official infor-
mation), Family Code 261.109 (failure to report), and 19 Ad-
ministrative Code Chapter 249 (actions against educators
certificate) for failure to submit a required report of child
abuse or neglect;
2. Prohibitions against interference with an investigation of a re-
port of child abuse or neglect, including:
a. The prohibition, under Family Code 261.302 and
261.303, against denying an investigators request to in-
terview a student at school; and
INTERVIEW OF
STUDENT
INTERFERENCE
WITH
INVESTIGATION
CONFIDENTIALITY
REPORTING POLICY
Houston ISD
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b. The prohibition, under Family Code 261.302, against re-
quiring the presence of a parent or school administrator
during an interview by an investigator.
3. Immunity provisions applicable to a person who reports child
abuse or neglect or otherwise assists an investigation in good
faith;
4. Confidentiality provisions relating to a report of suspected
child abuse or neglect;
5. Any disciplinary action that may result from noncompliance
with the Districts reporting policy;
6. The prohibition under Education Code 26.0091 [see PSY-
CHOTROPIC DRUGS AND PSYCHOLOGICAL TESTING,
above]; and
7. The current toll-free number for the DFPS.
The policies must not require that school personnel report suspi-
cions of child abuse or neglect to a school administrator before
making a report to one of the agencies listed above.
19 TAC 61.1051(a)(2), (5)
The policies shall be distributed to all personnel at the beginning of
each school year and shall be addressed in staff development pro-
grams at regular intervals determined by the Board. 19 TAC
61.1051(b) [See DH and DMA]
A person having cause to believe that a disabled person over the
age of 18 or who has had the disabilities of minority removed is in
a state of abuse, neglect, or exploitation shall report the information
immediately to the DFPS.
A person commits a Class A misdemeanor if the person has cause
to believe that a disabled person has been abused, neglected, or
exploited or is in a state of abuse, neglect, or exploitation and
knowingly fails to report.
A person filing a report or testifying or otherwise participating in any
judicial proceeding arising from a petition, report, or investigation is
immune from civil or criminal liability on account of his or her peti-
tion, report, testimony, or participation, unless the person acted in
bad faith or with a malicious purpose.
Human Resources Code 48.051, .052, .054
ANNUAL
DISTRIBUTION AND
STAFF
DEVELOPMENT
ABUSE OF DISABLED
PERSONS
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Each school shall post in a clearly visible location in a public area
of the school that is readily accessible to students a sign in English
and in Spanish that contains the toll-free telephone number operat-
ed by DFPS to receive reports of child abuse or neglect. The
Commissioner may adopt rules relating to the size and location of
the sign. Education Code 38.0042
POSTING CHILD
ABUSE HOTLINE
TELEPHONE NUMBER
Houston ISD
101912

STUDENT WELFARE FFG
CHILD ABUSE AND NEGLECT (REGULATION)

LDU 2009.13
FFG(REGULATION)-X

1. Texas law requires that any person having cause to believe
that a childs physical or mental health or welfare has been or
may be adversely affected by abuse or neglect must report
the case to any local or state law enforcement agency and to
the Department of Family and Protective Services
(DFPS)/Harris County Childrens Protective Services (CPS).
See References (d), (e), (j), and (m). All school personnel will
become acquainted with the provisions of the code and will
cooperate with all agencies or departments dealing with child
abuse or neglect. To view the Texas Family Code on report-
ing child abuse or neglect, go to the Texas Legislature Online
Web site (http://www.statutes.legis.state.tx.us/Docs/FA/htm/
FA.261.htm#261.101).
2. The Houston Independent School District (HISD) will provide
its employees with information on Board policy and proce-
dures for reporting suspected student abuse or neglect. See
References (b), (c), (d), (e), (f) and (i). This information is
provided through materials and training.
a. HISD will collaborate with DFPS/CPS and other agen-
cies in the development of informational materials for
distribution to all HISD employees.
b. Health and Medical Services and Counseling and Guid-
ance provide staff development training for new and se-
lected staff members on subjects such as:
Types of child abuse and neglect;
Recognizing child abuse and neglect; and
Board policies and procedures for reporting child
abuse and neglect.
See References (v) and (w).
3. For the purposes of this regulation, abuse and neglect are
defined as follows. See References (j), (o), and (p). To view
the Texas Penal Codes, go to the Texas Legislature Online
Web site (www.capitol.state.tx.us/statutes/petoc.html).
a. Abuse includes the following acts or omissions by any
person:
Mental or emotional injury to a child that results in
an observable and material impairment in the
child's growth, development, or psychological func-
tioning;
CHILD ABUSE AND
NEGLECT
DISTRICT
RESPONSIBILITIES
MATERIALS
TRAINING
DEFINITIONS
ABUSE
Houston ISD
101912

STUDENT WELFARE FFG

LDU 2009.13
FFG(REGULATION)-X

Causing or permitting the child to be in a situation
in which the child sustains a mental or emotional in-
jury that results in an observable and material im-
pairment in the child's growth, development, or
psychological functioning;
Physical injury that results in substantial harm to
the child, or the genuine threat of substantial harm
from physical injury to the child, including an injury
that is at variance with the history or explanation
given and excluding an accident or reasonable dis-
cipline by a parent, guardian, or managing or pos-
sessory conservator that does not expose the child
to a substantial risk of harm;
Failure to make a reasonable effort to prevent an
action by another person that results in physical in-
jury that results in substantial harm to the child;
Sexual contact, sexual intercourse, or sexual con-
duct, as those terms are defined by Reference (t),
sexual penetration with a foreign object, incest,
sexual assault, or sodomy inflicted on or, shown to,
or intentionally practiced in the presence of a child
if the child is present only to arouse or gratify the
sexual desires of any person;
Sexual conduct harmful to a childs mental, emo-
tional, or physical welfare, including conduct that
constitutes the offense of indecency with a child as
defined in References (p), (q), and (r);
Failure to make a reasonable effort to prevent sex-
ual contact, sexual intercourse, or sexual conduct,
as those terms are defined by Reference (t), sexual
penetration with a foreign object, incest, sexual as-
sault, or sodomy inflicted on, shown to, or inten-
tionally practiced in the presence of a child if the
child is present only to arouse or gratify the sexual
desire of any person;
Compelling or encouraging the child to engage in
sexual conduct as defined by Reference (t);
Causing, permitting, encouraging, engaging in, or
allowing the photographing, filming, or depicting of
the child, if the person knew or should have known
that the resulting photograph, film, or depiction of
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the child is obscene (as defined by the Texas Penal
Code) or pornographic;
The current use of a controlled substance as de-
fined by Reference (k) in a manner or to the extent
that the use results in physical, mental, or emotion-
al injury to a child;
Causing, expressly permitting, or encouraging a
child to use a controlled substance as defined by
Reference (k); or
Causing, permitting, encouraging, engaging in, or
allowing a sexual performance by a child as defined
by Reference (u).
b. Neglect is defined as leaving a child in a situation where
a child would be exposed to a substantial risk of physical
or mental harm, without arranging for necessary care for
the child, and demonstrating an intent not to return by a
parent, guardian, or managing or possessory conserva-
tor of the child, and includes the following acts or omis-
sions by any person:
Placing the child in or failing to remove the child
from a situation that a reasonable person would
realize requires judgment or actions beyond the
child's level of maturity, physical condition, or men-
tal abilities and that results in bodily injury or a sub-
stantial risk of immediate harm to the child;
The failure to seek, obtain, or follow through with
medical care for the child, with the failure resulting
in or presenting a substantial risk of death, disfi-
gurement, or bodily injury or with the failure result-
ing in an observable and material impairment to the
growth, development, or functioning of the child;
The failure to provide the child with food, clothing,
or shelter necessary to sustain the life or health of
the child, excluding failure caused primarily by fi-
nancial inability unless relief services had been of-
fered and refused;
Placing a child in or failing to remove the child from
a situation in which the child would be exposed to a
substantial risk or sexual conduct harmful to the
child; or
NEGLECT
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STUDENT WELFARE FFG

LDU 2009.13
FFG(REGULATION)-X

The failure by the person responsible for a child's
care, custody, or welfare to permit the child to re-
turn to the child's home without arranging for the
necessary care for the child after the child has been
absent from the home for any reason, including
having been in residential placement or having run
away.
4. HISD personnel suspecting child abuse or neglect will report
the abuse or neglect according to all of the following proce-
dures.
a. Report any suspected abuse or neglect of a students
physical or mental health or welfare to:
The principal or immediate supervisor and the
nurse or school counselor; and
DFPS/CPS at 1-800-252-5400 or a state or local
law enforcement agency within 48 hours.
b. The principal will assign the nurse or school counselor
as his or her designee for assessment purposes. The
principal's designee will observe the student and make
an assessment of any suspected abuse or neglect. If
any abuse or neglect is determined or even suspected
by the principal's designee, he or she will:
Make an oral report to the DFPS/CPS at 1-800-
252-5400 within 48 hours;
Notify the principal;
Submit a written report within five days to Harris
County CPS, 2525 Murworth, Houston, Texas,
77054 with a copy forwarded to the principal. See
Reference (x); and
Notify the nurse or school counselor as appropriate.
c. The principal or immediate supervisor will:
Keep a copy of the report sent to DFPS/CPS on
file. This copy will be kept confidential, as required
by law;
Notify the HISD Police Department by telephone of
the abuse or neglect report made to local law en-
forcement and DFPS/CPS; and
Notify the regional superintendent if the abuse or
neglect involves a school employee.
REPORTING CHILD
ABUSE OR NEGLECT
PRINCIPAL'S OR
IMMEDIATE
SUPERVISOR'S
RESPONSIBILITIES
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LDU 2009.13
FFG(REGULATION)-X

d. The regional superintendent will notify the Superinten-
dent via copy of the report to DFPS/CPS only in the
event a school employee is involved.
e. Further investigation of the potential criminal case is the
responsibility of local law enforcement. Criminal investi-
gation is not the responsibility of the school or the Dis-
trict.
f. DFPS/CPS has developed a Web site
(www.txabusehotline.org) for school professionals to re-
port non-life-threatening situations of child abuse and
neglect via the Internet to its statewide hotline, Statewide
Intake (SWI). Personnel may use the site to report non-
life-threatening situations; however use of the site is not
a substitute for reporting life-threatening and emergency
situations as outlined in this regulation. See REPORT-
ING CHILD ABUSE OR NEGLECT, above. SWI will
send an e-mail response acknowledging receipt of the
report and provide an intake number for identification
and filing purposes.
5. The following legal provisions apply to the reporting of child
abuse and neglect.
a. Any person reporting abuse or neglect is immune from
civil or criminal liability as long as the report was made in
good faith and without malice. See References (d), (e),
and (o).
b. If a school professional staff member (i.e., teacher,
nurse, counselor, etc.) has cause to believe that the
conduct of a person is barred from prosecution under the
Texas Penal Code, the staff member is not required to
make a report. See Reference (p). Section 21.11(b) of
the Texas Penal Code provides a defense to the act if
the actor is a child under 17 years old who:
Was not more than three years older than the vic-
tim and of the opposite sex;
Did not use duress, force, or a threat against the
victim at the time of the offense; and
At the time of the offense was not required under
Chapter 62 of the Texas Code of Criminal Proce-
dure to register for life as a sex offender or was not
a person who under Chapter 62 had a reportable
conviction or adjudication for an offense under this
section. See Reference (l).
REGIONAL
SUPERINTENDENT
FURTHER
INVESTIGATION
NON-LIFE-
THREATENING
SITUATIONS OF
CHILD ABUSE AND
NEGLECT
LEGAL PROVISIONS
IMMUNITY FROM
LIABILITY
EXCEPTION TO
REPORTING
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LDU 2009.13
FFG(REGULATION)-X

c. An employer may not suspend, terminate, or otherwise
discriminate against a professional employee who in
good faith reports child abuse or neglect to his or her
supervisor, an administrator where the person is em-
ployed, a state regulatory agency, or a law enforcement
agency, or initiates or cooperates with an investigation.
See Reference (a).
d. Failure to report a case of child abuse or neglect is a
class B misdemeanor, punishable by imprisonment of up
to six months in jail, a fine of up to $1,000, or both. See
Reference (s).
e. All reports of child abuse and neglect are confidential.
See References (d), (e), (h), and (n).
6. Reports to the District regarding investigations of alleged child
abuse or neglect by the DFPS will be handled in accordance
with the Texas Family Code. See References (d) and (n).
a. According to section 261.105(d) of the Texas Family
Code, if the DFPS initiates an investigation and deter-
mines that the abuse or neglect involves an employee of
an elementary or secondary school, and that the child is
a student at the school; the department will orally notify
the Superintendent of the District in which the employee
is employed.
b. As set forth in section 261.406(b) of the Texas Family
Code, the DFPS will send a written report of its investi-
gation, as appropriate, to the principal, unless the prin-
cipal is alleged to have committed the abuse or neglect;
the Superintendent; and the HISD Board of Education.
The Superintendent may forward a copy of the report to
other staff members as appropriate.
7. To assist with the determination of abuse or neglect, the prin-
cipal will allow DFPS/CPS personnel to conduct an interview
with the student in the school building. The principal is not
required to inform the students parents or guardians, or to
secure their consent to the interview or to allow access by
DFPS/CPS personnel to the students school or school health
records. If DFPS/CPS determines that a student needs pro-
tective custody, the principal may release the student to
DFPS/CPS personnel. See References (d), (e), (g), and (h).
8. The principal must request the DFPS/CPS workers identifica-
tion along with the name of his or her supervisor for verifica-
tion of identity and authorization of the investigation. The
PROTECTION FOR
REPORTING CHILD
ABUSE
FAILURE TO
REPORT
CONFIDENTIALITY
REPORTS TO THE
DISTRICT
ORAL REPORT
WRITTEN REPORT
COOPERATION WITH
CPS INVESTIGATION
IDENTIFICATION OF
CPS PERSONNEL
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LDU 2009.13
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principal will document the incident in writing and forward it to
his or her immediate supervisor within three school days of
the incident.
9. HISD Board policies and procedures for reporting suspected
child abuse and neglect will be reviewed annually to ensure
that current information on state laws and guidelines regard-
ing child abuse and neglect are being maintained by the Dis-
trict.
10. This regulation has been through consultation (Administrative:
October 10, 2006; Instructional: October 5, 2006; Noninstruc-
tional: October 10, 2006).
11. The assistant superintendent, Student Support Services, is
responsible for maintenance of this regulation.
REFERENCES:
(a) Board Policy DG(LEGAL)
(b) Board Policy FFAA(LEGAL)
(c) Board Policy FFAA(LOCAL)
(d) Board Policy FFG(LEGAL)
(e) Board Policy FFG(EXHIBIT)
(f) Board Policy GK(LOCAL)
(g) Board Policy GRA(LEGAL)
(h) Board Policy GRA(LOCAL)
(i) 19 Texas Administrative Code 61.1051 School Districts:
Rules on Reporting Child Abuse and Neglect
(j) 19 Texas Administrative Code 249.15 State Board for Edu-
cator Certification: Disciplinary Action by Board
(k) Health and Safety Code 481 Texas Controlled Substances
Act
(l) Texas Code of Criminal Procedure 62 Sex Offender Regis-
tration Program
(m) Texas Education Code 21.006 Requirement to Report Mis-
conduct
(n) Texas Family Code, Chapter 261 Investigation of Report of
Child Abuse or Neglect
ANNUAL REVIEW
GUIDELINES
CONSULTATION
MAINTENANCE
RESPONSIBILITY
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STUDENT WELFARE FFG

DATE ISSUED: 12/14/2009 REVIEWED: 8 of 8
LDU 2009.13
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(o) Texas Penal Code 9.62 Justification Excluding Criminal Re-
sponsibility: Educator-Student
(p) Texas Penal Code 21.11 Sexual Offenses: Indecency with a
Child
(q) Texas Penal Code 22.011 Sexual Assault
(r) Texas Penal Code 22.021 Aggravated Sexual Assault
(s) Texas Penal Code 39.06 Abuse of Office: Misuse of Official
Information
(t) Texas Penal Code 43.01 Public Indecency: Definitions
(u) Texas Penal Code 43.25 Sexual Performance by a Child
(v) Emergency Preparedness Plan
(w) Recognizing and Reporting Child Abuse
(x) Form Houston Independent School District Reporting Form
for Child Abuse and Neglect

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