Signs of Abuse & Neglect

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Presentation transcript:

Signs of Abuse & Neglect Reporting Investigations Foster Care

A child who has suffered or is at risk of suffering serious harm A child who has suffered physical, emotional or psychological abuse A child who has suffered sexual abuse or sexual exploitation A child who is placed in a situation that endangers their life or health A child who is cruelly confined or cruelly punished NMSA 32A-4-2(B) The bullet points come from the Children's Code. See citation on the left hand side.

“Physical abuse” includes but is not limited to any case in which the child exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling or death. NMSA 32A-4-2(G)

“Sexual exploitation” includes but is not limited to: “Sexual abuse” includes but is not limited to criminal sexual contact, incest or criminal sexual penetration, as those acts are defined by state law; “Sexual exploitation” includes but is not limited to: allowing, permitting or encouraging a child to engage in prostitution; allowing, permitting, encouraging or engaging a child in obscene or pornographic photographing; or filming or depicting a child for obscene or pornographic commercial purposes, as those acts are defined by state law NMSA 32A-4-2(I) and NMSA 32A-4-2(J)

A child who has been abandoned A child who is without proper subsistence, education, medical care or other care A child whose parent has failed to protect them from harm A child whose parent is not able to care for them due to incarceration or hospitalization NMSA 32A-4-2(F) The bullet points come from the Children’s Code. Citation is on the left hand side of the slide. If presenting to schools, ou may want to read the whole definition of educational neglect; Which is: Who is without proper parental care and control or subsistence, education, medical or other care or control necessary for the child’s well-being because of the faults or habits of the child’s parent, guardian or custodian or the failure or refusal of the parent, guardian or custodian, when able to do so, to provide them;

Physical Behavioral Unexplained bruises, marks, burns, fractures Loss of appetite Sleep disturbances Sexually transmitted diseases Repeated urinary tract infections Wetting or soiling themselves Behavioral Abrupt changes in behavior Clinging Aggressiveness Withdrawal Fear of a certain person or place Discomfort with physical contact Touching of another child’s private parts Suicidal tendencies

Let the child tell his or her story. If you suspect a child is being hurt physically or emotionally, remain calm and do not ask leading questions (e.g., “Is your mother hitting you with a belt?”) Let the child tell his or her story. Most importantly, listen and report. Emphasis for them to report and not interrogate

STATEWIDE CENTRAL INTAKE It is everyone’s responsibility to report suspected abuse and neglect. To report all suspected child abuse, child neglect or child exploitation, contact: NMSA 32A-4-3 CYFD cross-reports all referrals to law enforcement. #SAFE (#7233) 1-855-333-SAFE STATEWIDE CENTRAL INTAKE 24 HOURS/7 DAYS A WEEK

IF A CHILD IS IN IMMEDIATE IMMEDIATE ASSISTANCE IS NEEDED. CALL

There are benefits to giving your name and contact information when making a report! Although you can remain anonymous when making a report, leaving your name and contact information will allow us to follow up with you to gather any additional information we may need regarding the report. Your name and contact information will remain confidential absent your consent or a court order. Confidential: CYFD does not reveal your name or contact info to the family. If you choose to leave your name and address, we will send you a Notification Letter letting you know whether the report was accepted for investigation and which CYFD office will be investigating the report. Anonymous: Any person who calls SCI may remain anonymous. Anonymous means you do not provide any identifying information about yourself. You will not be able to receive a Notification Letter if you choose to remain anonymous.

No. Any person who reports abuse/neglect or exploitation of a child and is “acting in good faith” is protected or immune from prosecution by both civil and criminal law. NMSA 32A-4-5(B)

Please have as much information as possible available when you call SCI. All of this information is necessary in determining screening decisions and response priority. However, if you do not have all the information and you suspect that a child is abused or neglected, call anyway. The following slides contain information the intake worker will gather while taking a report.

Child(ren)’s name, age, date of birth, gender Household members’ names Child(ren)’s current location Parent/guardian’s name and address Names and ages of other children in the home Name of alleged perpetrator, location and address if known Describe your suspicion/first-hand knowledge Is the child or parent a member of a tribe? Be as detailed as possible. Remember, if you do not have all of this information, call anyway.

Names of any other witnesses or collateral contacts Name and address of the school/day care the child(ren) attend Names of individuals with whom the child has a bond/good relationship Threats in the home (guns, etc.) Violence or drugs in the home Any other information that would be useful to CYFD during its investigation (e.g., how the parents maintain their own lives, methods of discipline, what is posing a threat to the child at this moment, etc.) Be as detailed as possible. Remember, if you do not have all of this information, call anyway.

Common reasons for screening out a case: We assess the allegations to determine if they meet the criteria for investigation We use an evidence-informed Structured Decision-Making (SDM) tool that helps us screen in or screen out Common reasons for screening out a case: Alleged perpetrator is not a parent, guardian or custodian Not enough information Child is not currently an abused or neglected child; information relates to abuse or neglect that happened in the past, rather than currently Family is on tribal land; cross-report to tribal law enforcement and tribal social services NMSA 32A-4-3 CYFD cross-reports all referrals to law enforcement.

Emergency Priority 1 Priority 2 0-3 hour response time Five-day response time The response time is to make face to face contact with the child

CYFD cannot take custody of a child Three ways a child can be taken into custody and placed with CYFD: Law enforcement Officer must have reasonable grounds that the child has been abused or neglected AND that there is an immediate threat to the child’s safety Often referred to as a 48-hour hold If CYFD is given a 48-hour hold, we must either file an abuse or neglect petition or return the child to his/her parents Medical personnel Only hold until law enforcement arrives then determine if a 48-hour hold is necessary Court Ex-parte custody order Factors laid out in NMSA 32A-4-18