1. California Mandated Reporter Training for Educators

2.  Who are mandated reporters?  What does child maltreatment look like?  When and how do I make a report?  What happens after a report is made? Objectives of Mandated Reporter Training

3.  Have you been to mandated reporter training before?  Have you ever had to make a child abuse report?  What would you like to get out of this training? Introductions

4. How One Girl's Plight Started the Child- Protection Movement

5. Mary Ellen Wilson

6. Dr. C. Henry Kempe - 1962

7. Child Abuse and Neglect Reporting Act (CANRA) 1963- first reporting law passed in CA mandating that physicians report physical abuse of children 1966- all states had child abuse reporting laws providing definitions, procedures, a list of mandated reporters, and liability for failure to report 1980- CANRA was passed in CA. It has been amended multiple times since, and the list of those mandated to report continues to grow.

8. Purpose/Key Points Primary intent of the reporting laws is to protect the child Protecting the identified child may also provide the opportunity to protect other children It is equally important to provide assistance or resources to parents The report of abuse may be a catalyst for change in the home environment, which may help to lower the risk of abuse in the home

9. Who Are Mandated Reporters? Mandated reporters are individuals who are mandated by law to report known or suspected instances of child maltreatment Over 40 categories listed in CANRA (P.C. 11165.7) Primarily people who have regular contact with children through their employment

10. Who Are Mandated Reporters? A teacher An instructional aide A teacher’s aide or assistant employed by a public or private school A classified employee of a public school An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of a public or private school An employee of a county office of education or the State Department of Education whose duties bring the employee into contact with children on a regular basis

11. Who Are Mandated Reporters? A Head Start program teacher An employee of a school district police or security dept. A person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in a public or private school An athletic coach, athletic administrator, or athletic director employed by any public or private school that provides any combination of instruction for kindergarten, or grades 1 to 12, inclusive

12. Child Welfare Dynamic Report 2013 http://cssr.berkeley.edu/ucb_childwelfare

13. Child Welfare Dynamic Report 2013 http://cssr.berkeley.edu/ucb_childwelfare

14. When to Report When one "has knowledge of or observes a child in his or her professional capacity, or within the scope of his or her employment whom he or she knows or reasonably suspects has been the victim of child abuse or neglect..." (P.C. 11166 a)

15. Failure to Report Up to 6 months in jail Up to $1000 fine Is a misdemeanor, punishable by May also result in a civil lawsuit, especially if the child-victim or another child is further victimized May also result in loss of professional license or credential

16. Confidentiality The identity of the reporting party is confidential May only be disclosed to official agencies and professionals involved in the investigation, prosecution, or record-keeping of these cases Any violation of confidentiality of this information is a misdemeanor punishable by up to six months in the county jail, by a fine of $500, or by both

17. Immunity Mandated reporters have immunity from criminal or civil liability for reporting as required

18. Defining Child Abuse and Neglect Under the Child Abuse and Neglect Reporting Act (CANRA), when the victim is a child (anyone under the age of 18) the following types of maltreatment must be reported:  Physical Abuse  Sexual Abuse  Neglect  Some forms of Emotional Abuse

19. Child Welfare Dynamic Report 2013 http://cssr.berkeley.edu/ucb_childwelfare

20. Deciding When to Report When one "has knowledge of or observes a child in his or her professional capacity, or within the scope of his or her employment whom he or she knows or reasonably suspects has been the victim of child abuse or neglect..." (P.C. 11166 a) If you suspect, REPORT!!!!  Proof of abuse is not required; that will be determined through investigation by the child welfare professionals or law enforcement

21. by a person responsible for child’s welfare  Negligent treatment or maltreatment of a child by a person responsible for child’s welfare.  Includes- Acts and Omissions  The neglect either causes harm or threatens to harm the child’s health or welfare. Neglect

22. Severe Neglect: Intentional failure of caregiver to provide food, clothing, shelter, or medical care, or to protect the child from severe malnutrition; caregiver willfully causes or permits child’s health to be endangered. General Neglect: Failure of caregiver to provide food, clothing, shelter, medical care, or supervision where no physical injury has occurred. Medical Neglect: Failure of caregiver to provide appropriate medical care, dental care. (Exception for religious considerations) Emotional Neglect: Not interacting with an infant or child

23. Neglect- Religious Considerations Refusing medical care for religious reasons is a hotly debated topic when children are involved Per CANRA, a child receiving treatment by spiritual means or not receiving specified medical treatment for religious reasons, shall not for that reason alone be considered a neglected child An informed and appropriate medical decision made by a caregiver after consultation with a physician does not constitute neglect (P.C. 11165.2)

26. A second-grade student often complains that she is hungry, and had no breakfast. She rarely brings anything for lunch. You also notice that her clothing is often inappropriate for the weather, and she appears dirty and unkempt. You have noticed that her parents do not attend any school functions, and are never at home when you attempt to contact them. What concerns would you have about this student?

27. Physical Abuse The willful harming or injuring of a child or the endangering of the person or health of a child (P.C. 11165.3) Unlawful corporal punishment or injury, willfully inflicted, resulting in a traumatic condition (P.C. 11165.4) Physical injury or death inflicted by other than accidental means (i.e., intentionally injuring a child) (P.C. 11165.5)

28. Physical Abuse Indicators Injuries that are patterned or have distinct outline Bruises in various stages of healing Any injury with an improbable explanation or with a delay in seeking treatment Bite marks, burns, broken bones Location of bruises- cheeks, ears, neck, back, buttocks, genitals Any injury in an infant A statement by the child that the injury was caused by abuse

29. Motor Development Developmental abilities of a child should be considered when evaluating injuries If a child is unable to roll over or crawl, they are unlikely to have sustained an injury on their own Age Milestones 2 monthsLifts head 4 monthsRolls over front to back 6 monthsRolls over both directions and sits up 9 monthsCrawls, cruises 12 monthsWalks 18 monthsRuns 24 MonthsWalks upstairs

30. You are an employee at a school. A seven- year-old child comes to school with linear red marks on his cheeks. He was absent the day prior. When you ask him what happened to his cheek, he replies that he fell while riding his bike. What concerns might you have about this child?

31. EXAMPLES OF INFLICTED INJURIES WARNING: GRAPHIC CONTENT

33. Ear Bruise

34. Patterned Bruising

35. Grab Marks

36. Distinct outline

37. Per CANRA, Child Sexual Abuse includes:  Sexual Assault  Sexual Exploitation Child Sexual Abuse

38. Sexual Assault Rape, statutory rape, incest, sodomy, lewd or lascivious acts upon a child, oral sex, sexual penetration The intentional touching or fondling of a child’s genitals or intimate parts or the clothing covering them, for purposes of sexual arousal or gratification. Masturbating in the presence of a child

39. Sexual Exploitation Preparing, selling, or distributing pornographic materials involving children Performances involving obscene sexual conduct Employment of minor to perform obscene acts Depicting a minor engaged in obscene acts

40. Sexual Abuse Indicators Sexual behavior and/or knowledge beyond developmental expectations* Inappropriate sexual behavior with peers Sexually explicit drawings Disclosure of Sexual Abuse by the child

41. You become concerned because 8-year-old Sara, a student in your class, is caught exposing herself to other children on the playground and telling them to touch her. You talk with her about this behavior, and she tells you that her 14-year-old brother always wants to see her “pee pee” and likes to touch it. What concerns would you have about this child ?

42. Sexual Abuse - Disclosure Most disclosures of sexual abuse are made weeks, months or even years after the abuse occurred Many victims never report at all It is very common for children to recant (deny or withdraw) a previous disclosure of abuse

43. Why is it so hard to tell? Fear  Of perpetrator  Of being believed (consequences of disclosure)  Of not being believed Shame  Revealing the secret  Sex is shameful/embarrassing subject  This hasn’t happened to anyone else Guilt  Feel complicit in the abuse  Why didn’t you tell sooner/ run away/scream/make it stop??

44. Emotional Abuse MUST report abuse that results from verbal disclosures or direct observation and involves any person willfully causing or permitting any child to suffer unjustifiable physical pain or mental suffering, or endangering the child’s person or health (P.C. 11165.3) MAY report knowledge or suspicion that a child is suffering or is at risk of suffering serious emotional damage (e.g., severe anxiety, depression, withdrawal, or untoward aggressive behavior toward self or others) (P.C. 11166.05)

45. Emotional Abuse Most Difficult Form of Child Abuse to Identify More often seen in combination with other forms of abuse Sometimes takes more than one report to be made for action to be taken by CWS The behaviors of emotionally abused and emotionally disturbed children are often similar

46. Emotional Abuse Witnessing of domestic violence may be reported as emotional abuse

47. In the course of your work, you work with a troublesome nine-year-old boy. He has frequent and severe behavior problems and is taking psychiatric medications for a mood disorder. You notice the child is not eating lunch. When you ask why, he tells you that he got in trouble with his parents and is not allowed to eat today. He tells you the last time he ate was 2 days ago, but that he must sit at the table and watch while the rest of the family eats. What would you be concerned about in this situation?

49. Cultural Considerations Child-rearing practices Gender-prescribed behavior Family structure Religious beliefs Community characteristics Worldview Race Ethnicity Gender Sexuality Class Disability status Immigration status Religion Age Nationality Regionality Language

50. Cultural Considerations It is important to be aware of our own cultural beliefs and biases or stereotypes… … they can affect our perceptions Child abuse or neglect can occur in any family, regardless of socio-economic status, sexual orientation, religion, education, ethnic background, or any other factor

51. Cultural Considerations Keep in mind cultural influences when assessing information or behavior. Educate individuals/families from other cultures regarding American cultural expectations and practices. However, if the practice falls within the legal definitions of child abuse, it must be reported.

52. Parental Risk Factors for Abuse/Neglect Parent lacks understanding of child’s behavior/normal child development Parent has unrealistic expectations of the child Parent is unduly harsh/rigid about childrearing Parent attributes “badness” to the child or singles out child as “bad”, “evil”, or “beyond control” Parent describes use of objects/inappropriate consequences to discipline child

53. Parental Risk Factors for Abuse/Neglect Parent lacks understanding of parent/child relationship and/or perceives child in a negative light Parent is unable to describe positive characteristics of child Parent berates, humiliates or belittles child Parent turns to child to have own needs met Parent is indifferent to child

54. Parental Risk Factors for Abuse/Neglect Parenting is impaired by Depression or other mental illness Substance abuse Parental history of abuse as a child Poverty Unemployment Lack of social support Domestic violence

55. Child Red Flags for Abuse/Neglect Anxiety, Depression Self-mutilation, Cutting, Suicidal gestures/attempts Low self-esteem Truancy, Academic/behavioral problems in school Social maladjustment, Poor peer relationships Delinquent behavior, Running away from home, Use of alcohol or other drugs Other significant behavioral changes

56. Other Concerning Behaviors Wariness of adults Discomfort when other children cry Fear of parents or of going home. This may be demonstrated by a child who comes to school too early or does not want to leave at the end of the school day. Wearing clothing inappropriate for the weather (though be aware that this may be a cultural issue as well)

57. EFFECTS OF CHILD ABUSE CAN LAST A LIFETIME. WATCH THE “STILL FACE” EXPERIMENT TO SEE WHY “STILL FACE” EXPERIMENT

58. Adverse Childhood Experiences (ACE) Study Initiated by Dr. Vincent Felitti in 1995 at Kaiser Permanente with over 17,000 participants Discovered that exposure to childhood trauma can lead to a multitude of lifelong health and social problems. http://acestudy.org

59. What is “Reasonable Suspicion”? “…it is objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a reasonable person in a like position, drawing, when appropriate, on his or her training and experience, to suspect child abuse or neglect. "Reasonable suspicion" does not require certainty that child abuse or neglect has occurred nor does it require a specific medical indication of child abuse or neglect; any "reasonable suspicion" is sufficient.” P.C. 11166 (a) (1)

60. Determining Reasonable Suspicion Vignette Activity You have noticed that a student in your class, 12-year-old Nancy, appears depressed and withdrawn. When talking about her family, she says that her parents often criticize her behavior and appearance, calling her stupid, lazy and fat. She also comments that she is frequently left home alone to care for her 8-year-old brother, so is unable to leave the house or invite friends over. You note that she appears sad and fearful whenever she talks about her family.

61. When Abuse is Suspected Talking with students  Conduct the discussion in private  Sit near the child, rather than behind a table or desk  Use language that the child understands  Allow the child to tell you of their experience in their own words  Avoid asking leading or suggestive questions  Do not label the child’s experience “abuse” or provide any other terminology not used by the child  Explore concerns to see if report is warranted- do not investigate!

62. When Abuse is Suspected When a student discloses abuse  Control your emotional response, remain calm  Do not express shock, disapproval or disgust regarding the child, alleged abuser, or disclosure  Be aware that the child may not show any particular emotion  Reassure the child that he or she is not to blame for the abuse  Recognize, when appropriate, the child’s courage in telling you about their experience  Let the child know what you will do as a result of the disclosure, explaining who you will tell and why.

63. When Abuse is Suspected What and who should you tell?  Know your school’s protocol  Utilize resources  School principal, other teachers  School counselor, social worker, psychologist  School nurse  Confidentiality  Within school environment  Student education records  Debrief

64. Issues for Educators  Family Educational Rights and Privacy Act (FERPA) allows schools to disclose information contained in student education records, without parental consent, to “appropriate officials in cases of health and safety emergencies” (34 CFR § 99.31).  When disclosing personally identifiable information from education records under this exception, the educational agency or institution must document the threat to the health or safety of a student that led to the disclosure, and to whom the disclosure was made.

65. When Abuse is Suspected Reporting colleagues  Who to notify  Reporting laws apply to all situations, regardless of the identity of the suspected perpetrator  Usually protocol to immediately notify school administrator  Possible outcomes  Administrative leave  Criminal charges  Loss of license or credential

66. When Abuse is Suspected What (if anything) should you tell parents?  Things to consider  May increase risk to child  May interfere with investigation  Your ability to deal with reaction of parent(s)  Know your school’s protocol

67. You are a teacher in an elementary school. The parent of one of your students contacts you because she is concerned about the behavior of her 10-year- old son’s substitute teacher. She says that her son told her that, while getting help with his class work, he had to sit on the teacher’s lap, and the teacher rubbed his back and thighs. She tells you that her son’s friend complained of this as well, and that both boys initially refused but that the teacher insisted. What should you do?

68. Calling the Child Abuse Hotline

69. Who Files the Report? Responsibility rests solely with the Mandated Reporter Reporting to an employer, supervisor, school principal, school counselor, coworker, or other person is NOT adequate When two or more mandated reporters jointly have knowledge of suspected child abuse or neglect, a single report may be made  Any member of the reporting team who has knowledge that the designated person has failed to report must do so.

70. If a Mandated Reporter fails to report, s/he may be A.Found guilty of a misdemeanor B.Given up to six months in jail C.Given up to $1,000 fine D.Subject to a civil lawsuit E.All of the above

71. If a Mandated Reporter fails to report, s/he may be A.Found guilty of a misdemeanor B.Given up to six months in jail C.Given up to $1,000 fine D.Subject to a civil lawsuit E.All of the above

72. By Phone… Immediately (or as soon as practically possible) call your local CWS Hotline Suspicions of child abuse/neglect should be reported to Child Welfare Services, who will cross- report to the appropriate LE agency Law Enforcement (Police or Sheriff) may be contacted if there is immediate danger  Other law enforcement persons, such as school security, are not authorized to receive child abuse reports

73. …Then in Writing  Within 36 hours a written report must be sent to the child protective or law enforcement agency to which the telephone report was made  Must be filed on Department of Justice Form 8572 known as the Suspected Child Abuse Report (SCAR)  This form is available through county welfare departments and local law enforcement agencies  Forms and instructions also available online at http://ag.ca.gov/childabuse/pdf/ss_8572.pdf

74. 8572 Reporting Party’s information Name Date Address Phone

75. 8572 Information of person taking report Name Phone Title Address Date

76. 8572 Victim’s Information Name DOB Address School Present location Language

77. 8572 Involved Parties Siblings Parents Suspect

78. 8572 Incident Information When and Where did the abuse occur? What happened?

79. What Happens After a Report is Made? Reports that are assigned for investigation are investigated by the county child welfare agency (child protective services) and/or the local law enforcement agency

80. Child Welfare Dynamic Report 2013 241,446 92,132 40,89441,407

81. Child Welfare Dynamic Report 2013

82. Response time depends on the seriousness of the events reported, age of the child, the situation the child faces, and any known history that may influence the decision.  If the child is in danger, the response will be immediate and Law Enforcement may arrive before or accompany CWS.  If there is less risk involved, it may be three to ten days before action is taken by CWS

83. Child Welfare Services Primary responsibility is protection of the child Interview all involved parties Assess for risk Offer services and resources to families as needed

84. Child Welfare Dynamic Report 2013

85. Of over 482,000 reports made in California in 2013, 17% were substantiated for abuse or neglect. Of those 17%, less than half (39%) resulted in children being removed from their homes. On rare occasions, children may need to be removed to ensure their safety.

86. Possible Outcomes  Child is determined to be safe at home o Services may be offered to the family for support  Child remains home with a safety plan o Voluntary Services o Court-ordered services  Child determined unsafe at home o Child removed and placed in out-of-home care, preferably with a relative

87. Possible Outcomes The report is deemed either:  Unfounded - the report is determined to be false, to be inherently improbable, to involve an accidental injury, or not to constitute child abuse  Inconclusive - the report is not determined to be unfounded, but there is insufficient evidence to determine whether child abuse or neglect has occurred.  Substantiated - the report is determined to constitute child abuse or neglect

88. Law Enforcement Primary responsibility is investigation for purposes of criminal prosecution Also shares responsibility to protect the child If the abuse/neglect meets legal criteria, alleged abuser may be arrested and the case forwarded to the District Attorney

89. Follow-Up Child protection workers and/or law enforcement officers may contact the reporter to gather additional information to aid in the investigation. When the investigation is completed, the investigating agency shall inform the mandated reporter of the results of the investigation and of any action the agency is taking with regard to the child or family. (P.C. 11170 (b) (2))

90. Key Points Call CWS if you need help determining “reasonable suspicion” As a mandated reporter you play a CRUCIAL role in identifying and reporting concerns of abuse or neglect of children that may otherwise go unseen If you aren’t certain REPORT If the story seems confusing or implausible REPORT Never investigate - REPORT

91. Are You Smarter than a 5 th Grader

92. Mandated Reporter Questions