Child Abuse, Neglect and Child Protection Issues Poudre School District and Collaborating Agencies 3-15-10-Update

Collaborating Agencies Poudre School District Fort Collins Police Services Larimer County Sheriff’s Office Larimer County Department of Human Services Larimer County District Attorney’s Office

Goals Communicate District Requirements Communicate Legal Requirements Review of Form/Mandatory Reporting Requirements Provide Information on Effects and Indicators of Child Abuse Review Roles and Provide Resources Answer Questions and Provide Time for Discussion

Child Protection Act of 1987 Colorado Law Child Protection Act of 1987

19-1-103 Definitions Excerpts from Colorado law are provided on the next slides for general information/reference only and have been provided by George Hass, District Legal Counsel.

19-1-103 Definitions (1) (a) "Abuse" or "child abuse or neglect", as used in part 3 of article 3 of this title, means an act or omission in one of the following categories that threatens the health or welfare of a child: (I) Any case in which a child exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling, or death and either: Such condition or death is not justifiably explained; the history given concerning such condition is at variance with the degree or type of such condition or death; or the circumstances indicate that such condition may not be the product of an accidental occurrence; (continued)

19-1-103 Definitions (II) Any case in which a child is subjected to sexual assault or molestation, sexual exploitation, or prostitution; (III) Any case in which a child is a child in need of services because the child's parents, legal guardian, or custodian fails to take the same actions to provide adequate food, clothing, shelter, medical care, or supervision that a prudent parent would take. The requirements of this subparagraph (III) shall be subject to the provisions of section 19-3-103. (continued)

19-1-103 Definitions (IV) Any case in which a child is subjected to emotional abuse. As used in this subparagraph (IV), "emotional abuse" means an identifiable and substantial impairment of the child's intellectual or psychological functioning or development or a substantial risk of impairment of the child's intellectual or psychological functioning or development. (V) Any act or omission described in section 19-3-102 (1) (a), (1) (b), or (1) (c). (continued)

19-1-103 Definitions (b) In all cases, those investigating reports of child abuse shall take into account accepted child-rearing practices of the culture in which the child participates including, but not limited to, accepted work-related practices of agricultural communities. Nothing in this subsection (1) shall refer to acts that could be construed to be a reasonable exercise of parental discipline or to acts reasonably necessary to subdue a child being taken into custody pursuant to section 19-2-502 that are performed by a peace officer, level I, as defined in section 18-1-901 (3) (l), C.R.S., acting in the good faith performance of the officer's duties. (continued)

19-3-102 Neglected or Dependent Child (1) A child is neglected or dependent if: (a) A parent, guardian, or legal custodian has abandoned the child or has subjected him or her to mistreatment or abuse or a parent, guardian, or legal custodian has suffered or allowed another to mistreat or abuse the child without taking lawful means to stop such mistreatment or abuse and prevent it from recurring; (b) The child lacks proper parental care through the actions or omissions of the parent, guardian, or legal custodian; (c) The child's environment is injurious to his or her welfare; (end of excerpt)

19-3-304(1) Mandated Reporter Any person specified in subsection (2) of this section who has reasonable cause to know or suspect that a child has been subjected to abuse or neglect or who has observed the child being subjected to circumstances or conditions which would reasonably result in abuse or neglect, shall immediately report or cause a report to be made of such facts to the county department or local law enforcement agency.

19-3-304(2) Mandated Reporters Medical Examiner Physician Dentist Osteopath Optometrist Chiropractor Podiatrist Nurses Hospital employees Child care workers Peace Officer Mental health professional Veterinarian Film developer Victim advocate

19-3-304(2)(l) Mandated Reporter Public or private school official or employee

19-3-307 Reporting Procedures Reports of known or suspected child abuse or neglect made pursuant to this article shall be made immediately to the county department or the local law enforcement agency and shall be followed promptly by a written report prepared by those persons required to report.

Possible Effects of Child Abuse Learning delays Aggressiveness Withdrawal Speech delays Psychosomatic illness Low self-esteem Clinginess Truancy Poor coordination Severe emotional disturbance These are not absolute outcomes, children respond differently to the trauma of child abuse. These may also be effects from other types of trauma.

4 Categories of Abuse Neglect Physical Abuse Emotional Abuse Sexual Abuse

Possible Indicators Neglect Hungry Stealing food or begging Inappropriate clothing Lice Poor hygiene Overly tired Reports lack of supervision

Possible Indicators Physical Abuse Marks of any type Inappropriate clothing for season Overly compliant or aggressive Afraid to go home Wary of adult contact Anxious about normal activities Reports injury *Please note that no single indicator proves that abuse is taking place, but the repeated presence of an indicator or a combination of indicators should alert educators to the possibility of abuse.

Possible Indicators Emotional Abuse Speech disorders Habit disorders Behavioral extremes Developmental lags Substance abuse Delinquency Reports belittling

Possible Indicators Sexual Abuse Depression Severe drop in performance Arriving early and leaving late Low self-esteem Seductive or promiscuous behavior Self-destructive behaviors Reports sexual abuse

Responding to Disclosure Do Remain calm and neutral Remove child to a non-threatening place Allow the child to tell their story Only ask questions if you must Ask open-ended questions Assure the child that you will attempt to get help for them

Responding to Disclosure Don’t Pressure the child into talking Ask “yes” or “no” questions Appear shocked or upset Tell the child you will not tell anyone else Make promises you cannot keep!

Reporting Suspected Child Abuse Remember! You only need to have a reason to suspect child abuse to report.

Reporting Suspected Child Abuse Follow Poudre School District’s mandatory steps 1-13. If you suspect child abuse/neglect you must follow these steps. Use these procedures regardless of who the suspect is (i.e., student, family member, stranger, district employee, or district volunteer).

Reporting Suspected Child Abuse Step 1: Immediately inform your administrator or his/her designee of your concerns. No one has the authority to veto the reporting.

Reporting Suspected Child Abuse Step 2: If it is necessary for school personnel to examine a student for evidence of physical abuse, two adults must be present during the examination and the examination should follow the “gym class rule.”

Reporting Suspected Child Abuse Step 3: Complete the “Known or Suspected Child Abuse/Neglect/ Endangerment Reporting Form.”

Reporting Suspected Child Abuse Step 4: Call the Larimer County Department of Human Services at 498-6990.

Reporting Suspected Child Abuse Step 5: Do not conduct the investigation regarding the case. Investigations are the responsibility of the appropriate law enforcement agency staff and/or the Department of Human Services.

Reporting Suspected Child Abuse Step 6: Fax a copy of the “Known or Suspected Child Abuse/Neglect/ Endangerment Reporting Form” to the Larimer County Department of Human Services at 498-6995, Attention: Case Assigner. Note: Call and fax are required.

Reporting Suspected Child Abuse Step 7: Fax a copy of the “Known or Suspected Child Abuse/Neglect/ Endangerment Reporting Form” to the Director of Student Services at 490-3190 (fax). The Director will make necessary district-level notifications. Note: New Step.

Reporting Suspected Child Abuse Step 8: Retain a copy of the “Known or Suspected Child Abuse/Neglect/ Endangerment Reporting Form” in a confidential file. Do not file in the student’s special education or cumulative file.

Reporting Suspected Child Abuse Step 9: Parents will be notified by Larimer County Department of Human Services staff or law enforcement agency staff. Do not contact the parents.

Reporting Suspected Child Abuse Step 10: If Department of Human Services staff and/or law enforcement staff visit your site to interview a student, you are required to ask for photo identification (badge or identification card). Ask for a business card and retain copy of card(s) in your files. If a student needs to be removed from class for the interview, this should be done by school staff.

Reporting Suspected Child Abuse Step 11: If Department of Human Services staff and/or law enforcement staff visit your site to conduct an interview, you must provide a room that will provide a confidential setting. School staff shall not be present during the interview of a child by Department of Human Services staff or law enforcement staff. Law enforcement and Department of Human Services will call ahead when possible. You may follow up with the Department of Human Services staff and/or law enforcement staff after the interview.

Reporting Suspected Child Abuse Step 12: School staff shall cooperate with the investigating authorities. In addition, school staff must notify investigating authorities of any special needs or conditions of the child such as transportation, translation needs, and cognitive ability, etc.

Reporting Suspected Child Abuse Step 13: By statute (CRS 19-3-401), law enforcement may remove a child from a site.

Reporting Suspected Child Abuse Important: You, as the individual who suspects the abuse/neglect, are legally responsible for making certain that the report is made to the Department of Human Services immediately. This legal responsibility is not satisfied by merely reporting your suspicion or concern to other school personnel.

Reporting Suspected Child Abuse If you have reported suspected child abuse/neglect and no action has been taken by Department of Human Services or law enforcement agency by the time school is dismissed, you may: Send the student home after consulting with the principal if the student does not appear to be in imminent danger. If the Department of Human Services staff member or law enforcement staff are on their way, remain with the student until their arrival. If the student is afraid to go home, refuses to go home, or is determined to be in imminent danger, call the law enforcement agency: Fort Collins Police Services at 221-6540 or Larimer County Sheriff’s Office at 416-1985.

Additional Information If there is a change in placement of the student, the Department of Human Services will notify either the school or the Director of Student Services.

Role of PSD Staff To report child abuse Ruben Chacon: Resource, communicate with collaborating agencies, address concerns

Role of Department of Human Services To investigate the suspected/reported case To determine whether or not a child is safe To determine if abuse occurred To provide appropriate services to the family To enable families to remain together

Role of Law Enforcement To determine whether or not a crime has occurred To thoroughly investigate To provide a victim’s advocate during investigation To secure evidence To submit case information to the District Attorney’s Office

Role of the District Attorney To determine whether or not a case warrants the filing of charges To prosecute the case To provide a victim’s advocate during prosecution

District Resources Ruben Chacon, Director of Student Services 970.490.3033

District Resources PSD, Pupil Services, Documents Library Reporting Form Child Abuse Manual PowerPoint Presentation

Questions/Answers and Discussion