{"id":704,"date":"2015-09-16T14:00:45","date_gmt":"2015-09-16T14:00:45","guid":{"rendered":"http:\/\/education-expert.com\/?p=704"},"modified":"2023-11-27T09:24:32","modified_gmt":"2023-11-27T09:24:32","slug":"child-abuse-and-injury-in-residential-care-and-schools-duty-and-liability","status":"publish","type":"post","link":"https:\/\/education-expert.com\/NewEE\/child-abuse-and-injury-in-residential-care-and-schools-duty-and-liability\/","title":{"rendered":"Assessment of Liability: Child Abuse and Injury in Residential Care"},"content":{"rendered":"<p><span style=\"font-weight: 400;\">In my profession as an education administration and student supervision expert, I have observed that residential schools and boarding schools present a higher duty than day schools to supervise children and a greater opportunity for the school to be found liable for child abuse and injury. When children are living and learning in a program 24\/7, staff must demonstrate not only a professional standard of care, but also a reasonable and prudent parent standard of care. Although related, these standards are distinct and must be appropriately and reasonably applied in a setting where staff serves as surrogate parents and others serve as teachers, counselors, and psychologists. When a child is sexually assaulted, administered unnecessary corporal punishment, or is injured or dies in a residential school, both of these standards need to be addressed. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">Residential programs, particularly in large institutional settings, carry inherent risks to children, including the number of staff in positions of authority who interact with children, development of institutional norms that may be different from those in the broader community, and a tendency toward closed communication systems where information is kept within the institution. In the field of education administration and supervision, certain standards guide the care and protection of children in order to prevent child abuse and provide adequate care. These standards are greater than those of a reasonable parent or the general public to ensure that risks involved in the care and education of children are appropriately assessed and are inclusive of ways to address those risks. Within this framework, it is essential to develop appropriate policies, regulations, and procedures that ensure that standards of behavior follow applicable state and federal laws and to carry them out. At a minimum, policies, regulations, and procedures should ensure that:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Students know what constitutes unacceptable behavior and how to recognize it<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Policies and procedures for reporting mistreatment and child abuse are established and made known to students, parents, and staff, and that parents can feel confident that complaints will be addressed appropriately<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Students and parents participate in the development and review of a plan of care<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Staff selection, supervision, and training ensures that staff has the knowledge and skills necessary to care for students and meet their needs<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Accountability processes are in place to monitor whether students\u2019 care needs are being met and that policies and procedures are implemented<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Student care practices are consistent with established standards and policies<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Students regularly participate in community activities and that community members are involved in school activities<\/span><\/li>\n<\/ul>\n<p><b>Reasonable and prudent parent standard<\/b><\/p>\n<p><span style=\"font-weight: 400;\">California\u2019s Welfare and Institutions Code (sections 362.04 and 362.05) defines the \u201creasonable and prudent parent standard\u201d as careful and sensible parental decisions that maintain the child\u2019s health, safety, and best interests.<\/span> <span style=\"font-weight: 400;\">The goal of the reasonable and prudent parent standard is to:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Provide the youth with a \u201cnormal\u201d life experience in out-of-home care<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Empower the out-of-home caregiver to encourage youth to engage in extracurricular activities that promote child well-being<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Allow for reasonable parenting decisions to be made by the out-of-home caregiver without waiting to obtain approval from a social worker or institution<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Remove barriers to recruitment and retention of high-quality foster caregivers<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Reduce the need for social workers to either give permission or obtain Juvenile Court approval for reasonable caregiving activities<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Respect the rights of youth in out-of-home care<\/span><\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">The U.S. Department of Health and Human Services\u2019 Administration on Children, Youth, and Families uses a <\/span><a href=\"http:\/\/www.acf.hhs.gov\/sites\/default\/files\/cb\/im1403.pdf\"><span style=\"font-weight: 400;\">similar definition<\/span><\/a><span style=\"font-weight: 400;\"> of the standard, while adding recognition of the need to \u201cencourage the child\u2019s emotional and developmental growth.\u201d <\/span><\/p>\n<p><span style=\"font-weight: 400;\">While there are many definitions for what would be considered a reasonable and prudent parent standard, the general concept is that parents are often \u2014 if not daily \u2014 faced with decisions about their children\u2019s care that involve judgment. Parents who are both reasonable and prudent will make decisions carefully, weighing the benefits and potential risks to come to a sensible decision that is in the best interest of the child.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Professionals who care for children in their custody have a duty to meet the same standard, but also have a higher duty to meet the standards of a reasonable professional. The reasonable professional standard of care includes ethical or legal responsibility to exercise the level of care, diligence, and skill prescribed in the code of practice of his or her profession.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The professional standard of care with regard to the supervision of children in both day schools and residential and boarding schools is that staff act appropriately and reasonably under the circumstance to protect children from harm, that the school develop and implement policies to implement and oversee supervision, and that the staff be appropriately hired, supervised, and trained.<\/span><\/p>\n<p><b>Standard of care for residential and boarding schools<\/b><\/p>\n<p><span style=\"font-weight: 400;\">Both the reasonable and prudent parent standard and the professional standard of care are applicable in residential and boarding school settings.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">When an institution is established by a government, or when a boarding school program is established by a private board or an individual, the government or board should assure that, at the very minimum, the reasonable and prudent parent standard is met and that adequate programs, services, and student supervision are in place to maintain and protect their health, safety, and well-being. The professional standard includes every aspect of the reasonable and prudent parent standard in addition to ensuring that an adequate infrastructure is established to operate a residential or boarding school. Infrastructure means developing and implementing policies, procedures, and regulations that address such activities as: hiring, supervision, retention and training of staff; staff discipline; development of programs and services for students according to their needs; student supervision and discipline; administration; human resource planning; development and implementation of training and investigation of complaints; and follow-up on issues that can cause foreseeable harm to students. This infrastructure enables a residential or boarding school to meet both the reasonable and prudent parent standard and the professional standard of care. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">When applying the reasonable and prudent parent standard, schools and other institutions that care for and supervise children have a greater responsibility than parents. For example, a parent of a child with multiple disabilities living at home requires certain necessities, such as adequate shelter, nutrition, health care, a safe environment, a caregiver while parents are working, and other services that provide for the child\u2019s adequate supervision and protection. Before these necessities can be provided, certain family systems that allow for such care to be provided must be in place. These systems include income for providing a home, food and clothing, and adult collaboration. Here, in addition to the systems necessary to meet the reasonable and prudent parent standard, the professional standard of care is added. This standard is defined by the level of care, diligence, and skill prescribed in the code of practice for the profession; by the person\u2019s education, training, and professional experience; and by how other professionals in the same discipline would behave in the same or similar circumstances.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Residential and boarding school personnel act <\/span><i><span style=\"font-weight: 400;\">in loco parentis<\/span><\/i><span style=\"font-weight: 400;\"> to educate and care for children who are not living at home. As such, these institutions should meet the reasonable and prudent parent standard and, because professionals are responsible for students in the residences, the professional standard of care applies as well. Based on my professional experience, identifying children with specific disabilities who are not able to receive adequate services at home with their parents or in their local school, and placing them in a location where professionals with specialized education and training are more able to provide necessary care and education, <\/span><i><span style=\"font-weight: 400;\">is<\/span><\/i><span style=\"font-weight: 400;\"> the standard of care. <\/span><\/p>\n<p><b>Expert role in assessing standards of care<\/b><\/p>\n<p><span style=\"font-weight: 400;\">As an education administration and student supervision expert witness, I am called to assess and analyze whether applicable standards of care were met in lawsuits involving injury, death, child abuse or sexual abuse of students attending residential school programs. To make that analysis, I conduct an extensive review of documents, including policies and procedures for hiring and supervision of staff and supervision of children in residential and boarding schools.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">In the case of child abuse, sexual abuse, death, or serious injury, it must be determined whether the agency, through its administration and\/or other employees, acted within the reasonable and prudent standard of care and within the professional standard of care. Policies and procedures must be reflective of the nature of children in general and, specifically, the nature of children attending the residential or boarding school. For example, if the facility educates and provides psychological assistance to children who are chronic sex offenders, it makes sense that the school develop and implement policies that address staff training in the prevention, identification, and reporting of sexual abuse. Such a facility would also be expected to have and enforce policies that provide a high level of line-of-sight and close supervision of children during the day and, especially, during such less-supervised times as evening and bedtime. If a child is sexually abused in a residential center that does not develop and implement appropriate policies that consider the nature of children in its care, that facility might be found negligent. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">Many times, I find during a case review that the residential or boarding school failed to develop policies and supervise or appropriately train its staff \u2014 creating a situation where students with a propensity for disruptive behavior or sexual acting out are able to do so. When a student in a residential or boarding school is known to be overly interested in sexual matters or has inappropriately acted on those interests, this requires staff to consider a higher level of supervision for that student than typically provided to others in the facility. This is because there is a certain level of foreseeability that the student\u2019s sexual acting out may place other students in danger of harm. When an agency has notice of a child\u2019s propensities but fails to adequately inform and train staff and provide appropriate supervision, this is a breach of the professional standard of care that may place the health, safety, and well-being of children at risk. Failure to develop and implement appropriate policies and supervisory systems may be a proximate cause of harm to a child, resulting in costly litigation.<\/span><\/p>\n<p><b>Real case examples<\/b><\/p>\n<p><span style=\"font-weight: 400;\">In many cases I have examined, schools have made claims to suggest that they are sensitive to the needs of vulnerable youth they serve, and that these children\u2019s needs will be addressed in a way that protects their health, safety, and well-being. A boarding school in Vermont that advertised that, for more than 30 years, it had worked with boys who face dyslexia and related language-based learning challenges. Approximately 50 students from grades 6 through 12 who attend this school during the day live on campus. A residential school in New York had 12 cottages for housing \u201cat-risk\u201d boys between the ages of 6 and 20. Each cottage housed between 9 and 16 students. This school stated that it is staffed 24\/7 with professionals experienced in helping children deal with anger, feelings of loss, and educational failure. According to the information packets of both schools, an important part of life is that the schools offer a structure that helps residents feel safe. Another boarding school for teens who are in trouble with the law or having substance abuse issues offered year-round enrollment for girls and boys ages 13-17. A military, special-needs boarding school in Canada that enrolled 125 students offered specialized programs for children in grades 6 to 12. And a sport-oriented boarding school in Canada stated that it\u2019s important for their student-athletes to have parent-like advisors while living away from home. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">The accommodations promoted by each of these schools suggest that they have the infrastructure to meet both the reasonable and prudent parent standard and the professional standard of care. In cases involving some of these facilities, however, it was my professional opinion that breaches in these standards contributed to student injury and\/or constituted child abuse.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">In a residential program for troubled boys, a student crawled out a window to a flat roof and attempted to jump across a gap to another roof. He fell 20 feet, resulting in serious injury. In a boarding school for girls, a staff member caught two girls kissing but didn\u2019t investigate, interview them, or recommend counseling. A few weeks later, the aggressor raped her target. In another school, an older boy left his room, crossed the hallway, and entered the room of another student. He proceeded to sexually abuse the student while staff was to be posted in the hall to check rooms every 15 minutes. My review of this case revealed that staff was not present as they were supposed to be. <\/span><br \/>\n<span style=\"font-weight: 400;\">When a child is abused, injured, sexually abused, or dies under the supervision of staff at a residential or boarding school, the review is focused on two standards: the reasonable and prudent parent standard \u2014 because children in these settings are in a substitute home with substitute \u201cparents\u201d \u2014 and the professional standard of care required of educated and trained professionals in these settings. Although day schools must meet the professional standard of care, the reasonable and prudent parent standard is not typically applied in these settings. Children in day schools must be supervised according to the professional standard of care under the circumstance, whereas children who live at a residential or boarding school must also be supervised to the reasonable and prudent parent standard.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>In my profession as an education administration and student supervision expert, I have observed that residential schools and boarding schools present a higher duty than day schools to supervise children and a greater opportunity for the school to be found liable for child abuse and injury. When children are living&#8230;<\/p>\n","protected":false},"author":2,"featured_media":705,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"nf_dc_page":"","footnotes":""},"categories":[16,103,3,106,11,12,107,128,5,88,129,57,46,127,120,37,8,74,32,4,10,6,13],"tags":[31,62,66,64,47,35,63,134,59,30,45,25,61,36],"class_list":["post-704","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-childstudent-supervision","category-daycare-negligence","category-education-expert","category-governmental-immunity","category-harassment","category-harassmentbullying","category-hazing","category-injury-of-special-education-students","category-personal-injury","category-private-schools","category-restraint-and-seclusion-at-schools","category-school-liability-section-1983","category-school-negligence-lawsuit","category-school-police-violence","category-school-premises-liability","category-school-safety-security","category-school-transportation-injury","category-school-violence","category-sexual-abuse","category-sexual-harassment","category-special-education","category-student-rights","category-wrongful-death","tag-abuse-reporting-requirments","tag-agency-liability","tag-bullying-2","tag-bullying-suicide","tag-child-abuse","tag-expert-witness","tag-parochial-school-accidents","tag-personal-injury","tag-school-bus-accident-lawsuits","tag-school-liability","tag-school-safety-procedures","tag-school-sex-abuse","tag-student-injury","tag-student-safety"],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Assessment of Liability: Child Abuse and Injury in Residential Care - Expert Witness \u2013 Sexual abuse, tort liability, negligent supervision, sexual harassment, child injury &amp; child abuse.<\/title>\n<meta name=\"description\" content=\"Child abuse, sexual abuse, corporal punishment, injury or death in residential care and schools require assessment of duty and applicable standards of care to determine liability.\" \/>\n<meta name=\"robots\" content=\"noindex, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Assessment of Liability: Child Abuse and Injury in Residential Care - Expert Witness \u2013 Sexual abuse, tort liability, negligent supervision, sexual harassment, child injury &amp; child abuse.\" \/>\n<meta property=\"og:description\" content=\"Child abuse, sexual abuse, corporal punishment, injury or death in residential care and schools require assessment of duty and applicable standards of care to determine liability.\" \/>\n<meta property=\"og:url\" content=\"https:\/\/education-expert.com\/NewEE\/child-abuse-and-injury-in-residential-care-and-schools-duty-and-liability\/\" \/>\n<meta property=\"og:site_name\" content=\"Expert Witness \u2013 Sexual abuse, tort liability, negligent supervision, sexual harassment, child injury &amp; child abuse.\" \/>\n<meta property=\"article:published_time\" content=\"2015-09-16T14:00:45+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2023-11-27T09:24:32+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/education-expert.com\/NewEE\/wp-content\/uploads\/2015\/09\/bigstock-Empty-Desks-And-Chairs-In-A-Sc-3444755.jpg\" \/>\n\t<meta property=\"og:image:width\" content=\"900\" \/>\n\t<meta property=\"og:image:height\" content=\"600\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"School Liability Expert Group\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:creator\" content=\"@schoolexpert\" \/>\n<meta name=\"twitter:site\" content=\"@schoolexpert\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"School Liability Expert Group\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"10 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\\\/\\\/education-expert.com\\\/NewEE\\\/child-abuse-and-injury-in-residential-care-and-schools-duty-and-liability\\\/#article\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/education-expert.com\\\/NewEE\\\/child-abuse-and-injury-in-residential-care-and-schools-duty-and-liability\\\/\"},\"author\":{\"name\":\"School Liability Expert Group\",\"@id\":\"https:\\\/\\\/education-expert.com\\\/NewEE\\\/#\\\/schema\\\/person\\\/b9451bdb2f9a8fda4eaff099790ac942\"},\"headline\":\"Assessment of Liability: Child Abuse and Injury in Residential Care\",\"datePublished\":\"2015-09-16T14:00:45+00:00\",\"dateModified\":\"2023-11-27T09:24:32+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\\\/\\\/education-expert.com\\\/NewEE\\\/child-abuse-and-injury-in-residential-care-and-schools-duty-and-liability\\\/\"},\"wordCount\":2231,\"commentCount\":2,\"image\":{\"@id\":\"https:\\\/\\\/education-expert.com\\\/NewEE\\\/child-abuse-and-injury-in-residential-care-and-schools-duty-and-liability\\\/#primaryimage\"},\"thumbnailUrl\":\"https:\\\/\\\/education-expert.com\\\/NewEE\\\/wp-content\\\/uploads\\\/2015\\\/09\\\/bigstock-Empty-Desks-And-Chairs-In-A-Sc-3444755.jpg\",\"keywords\":[\"abuse reporting requirments\",\"agency liability\",\"bullying\",\"bullying suicide\",\"child abuse\",\"expert witness\",\"parochial school accidents\",\"Personal Injury\",\"school bus accident lawsuits\",\"school liability\",\"school safety procedures\",\"school sex abuse\",\"student injury\",\"Student Safety\"],\"articleSection\":[\"Child\\\/Student Supervision\",\"Daycare Negligence\",\"Education Expert\",\"Governmental Immunity\",\"Harassment\",\"Harassment\\\/Bullying\",\"Hazing\",\"Injury of Special Education Students\",\"Personal Injury\",\"Private Schools\",\"Restraint and Seclusion at Schools\",\"School Liability Section 1983\",\"School Negligence Lawsuit\",\"School Police Violence\",\"School Premises Liability\",\"School Safety &amp; Security\",\"School Transportation Injury\",\"School Violence\",\"Sexual Abuse\",\"Sexual Harassment\",\"Special Education\",\"Student Rights\",\"Wrongful Death\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\\\/\\\/education-expert.com\\\/NewEE\\\/child-abuse-and-injury-in-residential-care-and-schools-duty-and-liability\\\/#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/education-expert.com\\\/NewEE\\\/child-abuse-and-injury-in-residential-care-and-schools-duty-and-liability\\\/\",\"url\":\"https:\\\/\\\/education-expert.com\\\/NewEE\\\/child-abuse-and-injury-in-residential-care-and-schools-duty-and-liability\\\/\",\"name\":\"Assessment of Liability: Child Abuse and Injury in Residential Care - Expert Witness \u2013 Sexual abuse, tort liability, negligent supervision, sexual harassment, child injury &amp; child abuse.\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/education-expert.com\\\/NewEE\\\/#website\"},\"primaryImageOfPage\":{\"@id\":\"https:\\\/\\\/education-expert.com\\\/NewEE\\\/child-abuse-and-injury-in-residential-care-and-schools-duty-and-liability\\\/#primaryimage\"},\"image\":{\"@id\":\"https:\\\/\\\/education-expert.com\\\/NewEE\\\/child-abuse-and-injury-in-residential-care-and-schools-duty-and-liability\\\/#primaryimage\"},\"thumbnailUrl\":\"https:\\\/\\\/education-expert.com\\\/NewEE\\\/wp-content\\\/uploads\\\/2015\\\/09\\\/bigstock-Empty-Desks-And-Chairs-In-A-Sc-3444755.jpg\",\"datePublished\":\"2015-09-16T14:00:45+00:00\",\"dateModified\":\"2023-11-27T09:24:32+00:00\",\"author\":{\"@id\":\"https:\\\/\\\/education-expert.com\\\/NewEE\\\/#\\\/schema\\\/person\\\/b9451bdb2f9a8fda4eaff099790ac942\"},\"description\":\"Child abuse, sexual abuse, corporal punishment, injury or death in residential care and schools require assessment of duty and applicable standards of care to determine liability.\",\"breadcrumb\":{\"@id\":\"https:\\\/\\\/education-expert.com\\\/NewEE\\\/child-abuse-and-injury-in-residential-care-and-schools-duty-and-liability\\\/#breadcrumb\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\\\/\\\/education-expert.com\\\/NewEE\\\/child-abuse-and-injury-in-residential-care-and-schools-duty-and-liability\\\/\"]}]},{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\\\/\\\/education-expert.com\\\/NewEE\\\/child-abuse-and-injury-in-residential-care-and-schools-duty-and-liability\\\/#primaryimage\",\"url\":\"https:\\\/\\\/education-expert.com\\\/NewEE\\\/wp-content\\\/uploads\\\/2015\\\/09\\\/bigstock-Empty-Desks-And-Chairs-In-A-Sc-3444755.jpg\",\"contentUrl\":\"https:\\\/\\\/education-expert.com\\\/NewEE\\\/wp-content\\\/uploads\\\/2015\\\/09\\\/bigstock-Empty-Desks-And-Chairs-In-A-Sc-3444755.jpg\",\"width\":900,\"height\":600,\"caption\":\"Residential School Liability\"},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\\\/\\\/education-expert.com\\\/NewEE\\\/child-abuse-and-injury-in-residential-care-and-schools-duty-and-liability\\\/#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\\\/\\\/education-expert.com\\\/NewEE\\\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"Assessment of Liability: Child Abuse and Injury in Residential Care\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\\\/\\\/education-expert.com\\\/NewEE\\\/#website\",\"url\":\"https:\\\/\\\/education-expert.com\\\/NewEE\\\/\",\"name\":\"Expert Witness \u2013 Sexual abuse, tort liability, negligent supervision, sexual harassment, child injury &amp; child abuse.\",\"description\":\"Education expert witness testimony, report and consultation for attorneys, schools and agencies in US and Canada.\",\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\\\/\\\/education-expert.com\\\/NewEE\\\/?s={search_term_string}\"},\"query-input\":{\"@type\":\"PropertyValueSpecification\",\"valueRequired\":true,\"valueName\":\"search_term_string\"}}],\"inLanguage\":\"en-US\"},{\"@type\":\"Person\",\"@id\":\"https:\\\/\\\/education-expert.com\\\/NewEE\\\/#\\\/schema\\\/person\\\/b9451bdb2f9a8fda4eaff099790ac942\",\"name\":\"School Liability Expert Group\",\"image\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\\\/\\\/education-expert.com\\\/NewEE\\\/wp-content\\\/uploads\\\/2024\\\/02\\\/expert-logo-96x96.png\",\"url\":\"https:\\\/\\\/education-expert.com\\\/NewEE\\\/wp-content\\\/uploads\\\/2024\\\/02\\\/expert-logo-96x96.png\",\"contentUrl\":\"https:\\\/\\\/education-expert.com\\\/NewEE\\\/wp-content\\\/uploads\\\/2024\\\/02\\\/expert-logo-96x96.png\",\"caption\":\"School Liability Expert Group\"},\"description\":\"School Liability Expert Group has been serving attorneys, schools, and families for more than twenty-five years. Through our work on legal matters and through the expertise and experience of our experts, we have accumulated extensive valuable knowledge on key issues and challenges facing the education field. Our team is comprised of experienced educators, school administrators, and legal staff who are passionate about education, student safety and rights, compliance with state and federal laws, bullying prevention, child abuse and sexual abuse prevention, and upholding legal standards and practices in the field of education and other child or youth-oriented fields.\",\"sameAs\":[\"http:\\\/\\\/edmgt.com\"],\"url\":\"https:\\\/\\\/education-expert.com\\\/NewEE\\\/author\\\/edragan\\\/\"}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Assessment of Liability: Child Abuse and Injury in Residential Care - Expert Witness \u2013 Sexual abuse, tort liability, negligent supervision, sexual harassment, child injury &amp; child abuse.","description":"Child abuse, sexual abuse, corporal punishment, injury or death in residential care and schools require assessment of duty and applicable standards of care to determine liability.","robots":{"index":"noindex","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"og_locale":"en_US","og_type":"article","og_title":"Assessment of Liability: Child Abuse and Injury in Residential Care - Expert Witness \u2013 Sexual abuse, tort liability, negligent supervision, sexual harassment, child injury &amp; child abuse.","og_description":"Child abuse, sexual abuse, corporal punishment, injury or death in residential care and schools require assessment of duty and applicable standards of care to determine liability.","og_url":"https:\/\/education-expert.com\/NewEE\/child-abuse-and-injury-in-residential-care-and-schools-duty-and-liability\/","og_site_name":"Expert Witness \u2013 Sexual abuse, tort liability, negligent supervision, sexual harassment, child injury &amp; child abuse.","article_published_time":"2015-09-16T14:00:45+00:00","article_modified_time":"2023-11-27T09:24:32+00:00","og_image":[{"width":900,"height":600,"url":"https:\/\/education-expert.com\/NewEE\/wp-content\/uploads\/2015\/09\/bigstock-Empty-Desks-And-Chairs-In-A-Sc-3444755.jpg","type":"image\/jpeg"}],"author":"School Liability Expert Group","twitter_card":"summary_large_image","twitter_creator":"@schoolexpert","twitter_site":"@schoolexpert","twitter_misc":{"Written by":"School Liability Expert Group","Est. reading time":"10 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/education-expert.com\/NewEE\/child-abuse-and-injury-in-residential-care-and-schools-duty-and-liability\/#article","isPartOf":{"@id":"https:\/\/education-expert.com\/NewEE\/child-abuse-and-injury-in-residential-care-and-schools-duty-and-liability\/"},"author":{"name":"School Liability Expert Group","@id":"https:\/\/education-expert.com\/NewEE\/#\/schema\/person\/b9451bdb2f9a8fda4eaff099790ac942"},"headline":"Assessment of Liability: Child Abuse and Injury in Residential Care","datePublished":"2015-09-16T14:00:45+00:00","dateModified":"2023-11-27T09:24:32+00:00","mainEntityOfPage":{"@id":"https:\/\/education-expert.com\/NewEE\/child-abuse-and-injury-in-residential-care-and-schools-duty-and-liability\/"},"wordCount":2231,"commentCount":2,"image":{"@id":"https:\/\/education-expert.com\/NewEE\/child-abuse-and-injury-in-residential-care-and-schools-duty-and-liability\/#primaryimage"},"thumbnailUrl":"https:\/\/education-expert.com\/NewEE\/wp-content\/uploads\/2015\/09\/bigstock-Empty-Desks-And-Chairs-In-A-Sc-3444755.jpg","keywords":["abuse reporting requirments","agency liability","bullying","bullying suicide","child abuse","expert witness","parochial school accidents","Personal Injury","school bus accident lawsuits","school liability","school safety procedures","school sex abuse","student injury","Student Safety"],"articleSection":["Child\/Student Supervision","Daycare Negligence","Education Expert","Governmental Immunity","Harassment","Harassment\/Bullying","Hazing","Injury of Special Education Students","Personal Injury","Private Schools","Restraint and Seclusion at Schools","School Liability Section 1983","School Negligence Lawsuit","School Police Violence","School Premises Liability","School Safety &amp; Security","School Transportation Injury","School Violence","Sexual Abuse","Sexual Harassment","Special Education","Student Rights","Wrongful Death"],"inLanguage":"en-US","potentialAction":[{"@type":"CommentAction","name":"Comment","target":["https:\/\/education-expert.com\/NewEE\/child-abuse-and-injury-in-residential-care-and-schools-duty-and-liability\/#respond"]}]},{"@type":"WebPage","@id":"https:\/\/education-expert.com\/NewEE\/child-abuse-and-injury-in-residential-care-and-schools-duty-and-liability\/","url":"https:\/\/education-expert.com\/NewEE\/child-abuse-and-injury-in-residential-care-and-schools-duty-and-liability\/","name":"Assessment of Liability: Child Abuse and Injury in Residential Care - Expert Witness \u2013 Sexual abuse, tort liability, negligent supervision, sexual harassment, child injury &amp; child abuse.","isPartOf":{"@id":"https:\/\/education-expert.com\/NewEE\/#website"},"primaryImageOfPage":{"@id":"https:\/\/education-expert.com\/NewEE\/child-abuse-and-injury-in-residential-care-and-schools-duty-and-liability\/#primaryimage"},"image":{"@id":"https:\/\/education-expert.com\/NewEE\/child-abuse-and-injury-in-residential-care-and-schools-duty-and-liability\/#primaryimage"},"thumbnailUrl":"https:\/\/education-expert.com\/NewEE\/wp-content\/uploads\/2015\/09\/bigstock-Empty-Desks-And-Chairs-In-A-Sc-3444755.jpg","datePublished":"2015-09-16T14:00:45+00:00","dateModified":"2023-11-27T09:24:32+00:00","author":{"@id":"https:\/\/education-expert.com\/NewEE\/#\/schema\/person\/b9451bdb2f9a8fda4eaff099790ac942"},"description":"Child abuse, sexual abuse, corporal punishment, injury or death in residential care and schools require assessment of duty and applicable standards of care to determine liability.","breadcrumb":{"@id":"https:\/\/education-expert.com\/NewEE\/child-abuse-and-injury-in-residential-care-and-schools-duty-and-liability\/#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/education-expert.com\/NewEE\/child-abuse-and-injury-in-residential-care-and-schools-duty-and-liability\/"]}]},{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/education-expert.com\/NewEE\/child-abuse-and-injury-in-residential-care-and-schools-duty-and-liability\/#primaryimage","url":"https:\/\/education-expert.com\/NewEE\/wp-content\/uploads\/2015\/09\/bigstock-Empty-Desks-And-Chairs-In-A-Sc-3444755.jpg","contentUrl":"https:\/\/education-expert.com\/NewEE\/wp-content\/uploads\/2015\/09\/bigstock-Empty-Desks-And-Chairs-In-A-Sc-3444755.jpg","width":900,"height":600,"caption":"Residential School Liability"},{"@type":"BreadcrumbList","@id":"https:\/\/education-expert.com\/NewEE\/child-abuse-and-injury-in-residential-care-and-schools-duty-and-liability\/#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/education-expert.com\/NewEE\/"},{"@type":"ListItem","position":2,"name":"Assessment of Liability: Child Abuse and Injury in Residential Care"}]},{"@type":"WebSite","@id":"https:\/\/education-expert.com\/NewEE\/#website","url":"https:\/\/education-expert.com\/NewEE\/","name":"Expert Witness \u2013 Sexual abuse, tort liability, negligent supervision, sexual harassment, child injury &amp; child abuse.","description":"Education expert witness testimony, report and consultation for attorneys, schools and agencies in US and Canada.","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/education-expert.com\/NewEE\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"en-US"},{"@type":"Person","@id":"https:\/\/education-expert.com\/NewEE\/#\/schema\/person\/b9451bdb2f9a8fda4eaff099790ac942","name":"School Liability Expert Group","image":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/education-expert.com\/NewEE\/wp-content\/uploads\/2024\/02\/expert-logo-96x96.png","url":"https:\/\/education-expert.com\/NewEE\/wp-content\/uploads\/2024\/02\/expert-logo-96x96.png","contentUrl":"https:\/\/education-expert.com\/NewEE\/wp-content\/uploads\/2024\/02\/expert-logo-96x96.png","caption":"School Liability Expert Group"},"description":"School Liability Expert Group has been serving attorneys, schools, and families for more than twenty-five years. Through our work on legal matters and through the expertise and experience of our experts, we have accumulated extensive valuable knowledge on key issues and challenges facing the education field. Our team is comprised of experienced educators, school administrators, and legal staff who are passionate about education, student safety and rights, compliance with state and federal laws, bullying prevention, child abuse and sexual abuse prevention, and upholding legal standards and practices in the field of education and other child or youth-oriented fields.","sameAs":["http:\/\/edmgt.com"],"url":"https:\/\/education-expert.com\/NewEE\/author\/edragan\/"}]}},"_links":{"self":[{"href":"https:\/\/education-expert.com\/NewEE\/wp-json\/wp\/v2\/posts\/704","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/education-expert.com\/NewEE\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/education-expert.com\/NewEE\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/education-expert.com\/NewEE\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/education-expert.com\/NewEE\/wp-json\/wp\/v2\/comments?post=704"}],"version-history":[{"count":4,"href":"https:\/\/education-expert.com\/NewEE\/wp-json\/wp\/v2\/posts\/704\/revisions"}],"predecessor-version":[{"id":6002,"href":"https:\/\/education-expert.com\/NewEE\/wp-json\/wp\/v2\/posts\/704\/revisions\/6002"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/education-expert.com\/NewEE\/wp-json\/wp\/v2\/media\/705"}],"wp:attachment":[{"href":"https:\/\/education-expert.com\/NewEE\/wp-json\/wp\/v2\/media?parent=704"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/education-expert.com\/NewEE\/wp-json\/wp\/v2\/categories?post=704"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/education-expert.com\/NewEE\/wp-json\/wp\/v2\/tags?post=704"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}