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Understanding Your Role as a Mandated Reporter

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P Weber

on 22 August 2013

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Transcript of Understanding Your Role as a Mandated Reporter


Recognizing and Reporting Child Abuse

Understanding Your
Role as a
Mandated Reporter

Lesson One Activity
(page 10)
List 5 reasons why a professional might not report child abuse; offer an argument to invalidate each of the 5 reasons listed.
Components of Child Abuse
(each element must exist)
Must meet one of the four categories defined under the CPSL.
Thoughts
Reflections
Purposes of CPSL
Provide protection for children from further abuse.
Reporters of Child Abuse
Individuals who come into contact with children in the course of their employment, occupation, or practice of their profession.
Reasonable Suspicion
Mandated reporters are obligated to report to ChildLine any time they have reasonable suspicion has been abused. Mandated reporters may not report anonymously.
Making a Report
Reports are called into ChildLine at (800) 932-0313, which is available 24/7.

Once a call to ChildLine is made, a courtesy call to C&Y is recommended.

Within 48 hours, a CY-47 must be completed and sent to C&Y.

Mandated reporters must make a report to ChildLine or cause a report to be made by the administrator or other designee at their organization immediately.
Making a Report
YOU
Permissive Reporters - those who can

Mandated Reporters - those who must
Protection for Mandated Reporters
Immunity from civil or criminal liability

The only individuals permitted to take protective custody are law enforcement officials, physicians and medical directors.

Protection for Mandated Reporters
Confidentiality

Name will remain confidential and not given to anyone.
Failing to Report
...is a Criminal Act.

A third degree misdemeanor for the first violation (punishable by up to one year in jail and/or $2,500 in fines.

A second degree misdemeanor for a second or subsequent violation (punishable by up to two years in jail and/or $5,000 in fines).

A person who has not reached his or her 18th birthday.
A secondary consequence or result.
Sequelae
Child safety is the goal.
Imagine how the child feels.
What if the child dies?
You are already involved.
This is your priority.
Are you in the wrong field?
Mandated Reporters
Child
Perpetrator
Act or Failure to Act
Preserve, stabilize, and protect the integrity of family life.
Encourage more complete reporting of child abuse.
Children and Youth
Has 30 days within which to conduct/conclude its investigation.


Two primary functions:

Child Protective Services (CPS)
General Protective Services (GPS)
General Protective Services
Services and supports that are provided for non-abuse cases requiring protective services; provided to prevent the potential for harm.
General Protective Services
Protect the safety, rights, and welfare of children so that they have an opportunity for healthy growth and development.

Assist parents in both recognizing and correcting conditions that are harmful to their children and in fulfilling their parental duties more adequately in a manner that does not put their children at risk.
GPS Seven Essentials of Life
Food
Shelter
Clothing
Supervision
Medical Care
Education (as required by law)
Protection from Harm
Making a GPS Referral
Categories of Child Abuse

Serious physical injury
Serious mental injury
Sexual abuse or exploitation
Serious physical neglect
Imminent risk

specifically defined by the CPSL
Serious Physical Injury
25% of indicated reports
Recent - something that has occurred within two years of the date ChildLine is called

Causes severe pain or\

Significantly impairs functioning, temporarily or permanently.
Bruised Buttocks
Pattern Marks
Human Bite Marks
Attempted Strangulation
Immersion Burns
Cigarette Burns
Serious Mental Injury
<1%
Requires a diagnosis to be made

Not emotional or mental abuse (which may contribute to Serious Mental Injury)
Serious Mental Injury Indicators
(does not mean that if present Child Abuse occurs)
Depression or absence of affect
Mental or emotional developmental delays
Self-mutilation or other self-injurious behaviors
Suicide attempts
Compulsive disorders
Antisocial behaviors (animal cruelty)
Delinquent behavior
Alcohol or drug abuse
Neurotic traits (extreme fearfulness)
Sexual Abuse or Exploitation
66%
The most frequent form of abuse perpetrated again children in Pennsylvania.

Children between the ages of 10 and 14 are the most frequent victims.

Nationally, the most frequent victims are children age 3 and younger.
Sexual Abuse or Exploitation
The employment, use, persuasion, inducement, enticement, or coercion of any child to engage in or assist any other person to engage in any sexually explicit conduct or any simulation of any sexually explicit conduct for the purpose of producing any visual depiction, including photographing, videotaping, computer depicting or filming, of any sexually explicit conduct or the rape, sexual assault, involuntary deviate sexual intercourse, aggravated indecent assault, molestation, incest, indecent exposure, prostitution, sexual abuse, or sexual exploitation of children.
Physical Indicators of Sexual Abuse
Injury to the genitals
Sexually transmitted diseases
Suspicious stains
Bladder or urinary tract infections
Painful bowel movements
Pregnancy
9 out of 10 victims will not have physical indicators of sexual abuse
Behavioral Indicators of
Sexual Abuse
Verbal disclosure
Precocious sexual knowledge
Inappropriate sexual behavior
Lack of interest or involvement in activities
Layered or inappropriate clothing
Hiding clothing
Generalized emotional distress
Often the first clues that present themselves to mandated reporters with regard to sexual abuse...not wanting to go to phys ed.
Serious Physical Neglect
4%
Physical condition that:

Endangers the child's life or development OR
Impairs the child's functioning

It must arise from:

Prolonged or repeated lack of supervision OR
Failure to provide the essentials of life, including adequate medical care
Physical Signs of Neglect
Failure to thrive
Positive toxicology
Delays in physical development
Persistent hunger
Poor hygiene
Speech disorders
Consistent lack of supervision
Unattended physical problems or medical needs
Chronic truancy
Abandonment
Inappropriate dress
Imminent Risk
4 or 5%
Pertains to serious physical injury or sexual abuse and exploitation
Recent act or failure to act (within the past 2 years/24 months)

Takes into account: Would have been if not for...
Happenstance,
Third Party Intervention, or
Actions of the Child
Lesson Three Activity
Is This Suspected Abuse?

If so, what type and why?

If not, why?

Would would you do?


Student

Under 18 and enrolled in public or private school, IU or Vo-Tech School


School Employee
(not perpetrator)

Anyone employed by a public or private school, IU or Vo-Tech, including both employees and contractors
STUDENT ABUSE
Types of Student Abuse
Sexual or Exploitation

Serious Bodily Injury - creates substantial risk of death; serious permanent disfigurement; or protracted loss or impairment of an organ or other body part
Process for Reporting Student Abuse
Report to administrator immediately

Administrator reports to law enforcement and the district attorney

Law enforcement begins investigation and notify C&Y as appropriate

C&Y contacts ChildLine

Lesson Four Activity
Read each statement

Determine whether the statement is True or False

Provide a Rationale for Your Decision
Serious Physical Injury
25% of indicated reports
Serious Mental Injury
<1%
A psychological condition that is diagnosed by a physician or licensed psychologist

Renders the child chronically and severely anxious, agitated, depressed, socially withdrawn, psychotic, or in reasonable fear that his/her safety is threatened; OR

Seriously interferes with the child's ability to accomplish age-appropriate developmental and social tasks
Perpetrators
Parent of a child
Persons responsible for a child's welfare
Individuals residing in the same home as the child
Paramour of a child's parent
Parent of a Child
Biological Parent
Adoptive Parent
Stepparent
Legal Guardian
Persons Responsible for a Child's Welfare
Babysitters
Daycare Providers
Residential Care Staff
Foster Parents

SCHOOL EMPLOYEES DO NOT FALL INTO THIS CATEGORY
Individuals Residing in the Same Home as the Child
...who are at least 14 years of age
Paramour of the Child's Parent
Any individual who is engaged in an ongoing intimate relationship with the child's parent, but not married to the parent.
System's Response to Child Abuse
Available 24/7 to Receive Reports of Abuse
Investigation Begins
Risk Assessment
Visit Child's Home
Emergency Protective Custody
Interviews
Evidence Collection (guilt or innocence)
Referral to Law Enforcement
Children and Youth are required to visit the child within 24 hours of the call to ChildLine.

Risk assessment, interviews and collection of evidence begins.
Only law enforcement and physicians or the medical director of a facility may take immediate protective custody of children who are suspected of being abused.
Children and Youth and law enforcement officials will coordinate their investigation to the extent possible.
Exclusions to Child Abuse
Accidental injuries
Environmental factors
Religious beliefs - apply only to medical practices; must be approved by IRS
Must fall under the standards that are defined in the CPSL for the five categories of child abuse.
Questions...


Comments...

Status Determinations
C & Y have 30 days to complete the investigation.

If the investigation is incomplete after 60 days and is not pending court action, the abuse allegation would be unfounded.
Status Determinations
Unfounded: No evidence or insufficient evidence to support a report of suspected child abuse (not all three elements were present.

Indicated: Child abuse could be substantiated.
The name of the perpetrator remains in the Child Abuse Registry indefinitely.

Founded: There has been a court determination that the child was abused.
Follow-Up Results
Mandated reports of child abuse are entitled to information regarding the outcome of the report they made.

Information is limited to the final status determination of the investigations and the services and/or supports that were provided or arranged for by the county agency to protect the abused child.
Full transcript