Arkansas Commission on Child Abuse, Rape and Domestic Violence

Arkansas Commission on Child Abuse, Rape and Domestic Violence
Child Maltreatment Arkansas Commission on Child Abuse, Rape and Domestic Violence Arkansas Commission on Child Abuse, Rape and Domestic Violence

Act 1236 of 2011 Requires schools to provide training to licensed personnel including: Recognizing signs of maltreatment Requirements of the Child Maltreatment Act Duties of mandated reporters Methods for managing disclosures Connecting victims to services

Requirements of the Child Maltreatment Act
The Child Maltreatment Act lists the professions of those legally required to report suspected abuse. Each school has many individuals who are mandated by law to report directly to the Hotline.

Anyone can be an Abuser Who Abuses? Parents Parent’s friends
Other family members Leaders of children/teen activity Pastors/ Youth leaders Boyfriend/ Girlfriend School Staff Anyone can be an Abuser

School Official Definition
According to a rule promulgated by DCFS, “School Official” is defined as: “any person authorized by a school to exercise administrative or supervisory authority over employees, students or agents of the school. A volunteer exercising administrative or supervisory authority in a program conducted by a school is also considered a school official.”

The biggest myth about child abuse is
the danger to children comes from strangers.

Recognizing Signs of Physical Abuse
Bruises or welts in unusual places or in patterns Bruises in various stages of healing Explanation of injury differs from parent explanation BEHAVIORAL: Becomes frightened when other children cry Says the parents deserve to be hurt Is afraid of certain people

Recognizing Indicators of Neglect
PHYSICAL: Underweight Always hungry Not clean Inappropriately dressed Denied medical or dental care BEHAVIORAL: Begs or steals food Arrives early & leaves late Frequent, unexplained absences Overtired or listless

Recognizing Signs of Sexual Abuse
PHYSICAL: Difficulty walking or sitting Wearing torn, stained or bloody underwear Injury to or discharge from genitals Pain during urination or defecation BEHAVIORAL: Acts withdrawn or younger than age. Displays sexual behavior Tells you that she has secrets that she cannot tell. Tries to hurt himself

Why Don’t Kids Tell Someone?

When making a report you must have: An allegation that if true would meet a legal definition of child abuse. Enough information to locate the family (where the child attends school is enough information to locate the family). By Phone: By Fax: * Must use Arkansas State Police official “Mandated Reporter’s Form” May only be reported by fax if it is non-emergency.

No school, Head Start Program, or day care facility shall prohibit, require permission, or require notification of any person before any employee or volunteer directly reports child maltreatment to the Hotline.

Investigators have the right to enter school campus to interview students for child maltreatment investigations.

Investigators have the right to prohibit schools from notifying parents if a student is interviewed at school as part of an investigation if the parent or guardian is listed as an alleged offender.

The Child Maltreatment Act lists the professions of those legally required to report suspected abuse. Teen Violence report to Counselor/Principal/Law Enforcement/Child Abuse Hotline (depending on age) Student/Teacher report to Principal/Superintendent/Law Enforcement/Child Abuse Hotline (depending on age) Each school has many individuals who are mandated by law to report directly to the Hotline.

Click on Resources Tab for more information

Mandated Reporters in Schools
Counselors Nurses Teachers School Officials School Resource Officers

Duties of Mandated Reporters
Mandated Reporters shall “immediately report” suspected child maltreatment to the Hotline when they have “reasonable cause to suspect” that a child has been abused. Telling the counselor, principal or other professional DOES NOT meet your legal requirement.

Child Maltreatment Act
Protects Mandated Reporters who report in good faith from criminal and civil liabilities. The Act establishes criminal penalties for Mandated Reporters who fail to report, including jail time and fines (Class A misdemeanor) The Act also establishes civil penalties including & loss of professional licensure, and monetary judgments..

Managing Disclosures Develop trust Allow the child to be heard
Meet with the child separately Remember that you may be the only adult who has the chance to understand the child Consider your response before you are in a real situation. Pay attention to your body language. Know the reporting law.

Managing Disclosures Let the child know that it was brave to share something (no matter how minimal) about a difficult subject. Document the actual words. Call the Child Abuse Hotline or submit the fax form if it is not an emergency. Hotline: Fax:

Managing Disclosures DON’T conduct the investigation yourself.
DON’T act shocked, horrified, scared, etc. DON’T share this information with others even school staff unless it is a need to know. DON’T try to talk a child out of what he/she is saying.

Managing Disclosures DON’T suggest to a child the he/she may have been abused. DON’T attempt to find out the details from the parent. DON’T stand over the child while he/she talks to you.

Teen Dating Violence

What is dating violence?
Dating violence is a pattern of abusive behaviors used to exert power and control over a dating partner. Who is affected by dating violence? Teens of all ages can experience dating violence. Boys and girls can both be victims and abusers. Dating violence can happen in heterosexual and homosexual relationships.

Statistics 1 in 3 teens experience some kind of abuse in their romantic relationships, including verbal and emotional abuse. 40% of teenage girls, ages 14 to 17, know someone their age who has been hit or beaten by their partner. Nearly 80% of girls who have been physically abused in their intimate relationships continue to date their abuser. 1 in 4 teenage girls who have been in relationships reveal they have been pressured to perform oral sex or engage in intercourse

Violence in Different Forms
Physical abuse- any intentional use of physical force with the intent to cause fear or injury, hitting, shoving, biting, restraining, kicking, strangling, or use of a weapon Emotional/Psychological abuse- non-physical behaviors threats, insults, constant monitoring, humiliation, intimidation, isolation, or stalking Sexual abuse- any action that impacts a person’s ability to control whether or not sexual activity occurs or the circumstances in which sexual activity occurs including rape, coercion or restricting the use of birth control

NEARLY 1 IN 3 TEENS WHO HAVE BEEN IN RELATIONSHIPS HAVE EXPERIENCED THE MOST SERIOUS FORMS OF DATING VIOLENCE AND ABUSE INCLUDING SEXUAL ABUSE, PHYSICAL ABUSE, OR THREATS OF PHYSICAL HARM TO A PARTNER OR SELF.

Abusers Experienced traumatic event Alcohol/Drug user Problem behavior
Perceives violent behavior as acceptable Exposure to harsh parenting/abuse Lack of parental supervision, monitoring, and warmth

HELPING YOUR STUDENTS Look for these red flags:
• Problems with school attendance, particularly if this is a new problem • Lack of interest in former extracurricular activities • Sudden request for a change in schedule • Unexplained changes in behavior, grades, or quality of schoolwork • Noticeable change in weight, demeanor, or physical appearance • Isolation from former friends • Little social contact with anyone but the dating partner • Unexplained bruises or injuries • Making excuses or apologizing for the dating partner’s inappropriate behavior • New disciplinary problems at school, such as bullying other students or acting out • Name-calling or belittling from a dating partner

Ten Warning Signs of Abuser
Checking your cell phone or without permission Constant put-downs Extreme jealousy or insecurity Explosive temper Financial control Isolating you from family or friends Mood swings Physically hurting you in any way Possessiveness Controlling

Just because the violent relationship is over, doesn’t mean the risk for violence is over.

In extreme cases, adolescents have been murdered by current or former partners.

“ON MARCH 27, 2003, 15 year-old Ortralla Mosley broke up with her 16 year-old boyfriend, Marcus McTear, both sophomores at Reagan High School in Austin, Texas. The next day, Mosley told teachers that McTear was "becoming increasingly violent with her and that she was worried about her safety." Two hours later, McTear found Mosley in the hallway and killed her with a butcher knife.”

Effects of Teen Violence
Depression Performing poorly at school Attempt suicide Unhealthy behaviors Drugs/alcohol Eating disorders Teens who are victims in high school are at higher risk for victimization during college.

Dating Violence Prevent
Talk to your teen Promote healthy relationships Role model Teach teen healthy relationships Prevention programs in schools- “Safe Dates” Know warning signs

Teacher’s Role in Preventing Teen Dating Violence
Teachers/school staff need education about teen dating violence School staff can model healthy, respectful behaviors Teach teens about healthy, respectful relationships Teach academic consequences to dating violence increased absenteeism decreased achievement

School’s Role Have a policy on Teen Dating Violence
Listen carefully with ears and eyes Be nonjudgmental Both the victim and the aggressor need help Use your resources: school counselors, school psychologist, school social worker, or school nurse and community resources

State’s Role

Nurse/Student Relationships
Where are the boundaries?

ADULT / CHILD Nurse/ Student
The primary role of the school nurse is to support student learning. The nurse implementing strategies that promote student and staff health and safety. Student is any individual enrolled in the state’s public or private schools from pre-kindergarten through grade 12.

Code of Ethics for Arkansas Nurses
Standards of ethical conduct set forth by the Arkansas State Board of Nursing. This code promotes the health, safety, and general welfare of students and school staff and ensures the citizens of Arkansas a degree of accountability within the nursing profession.

Standards of Professional Conduct
The School nurse maintains a professional relationship with each student, both in and outside the classroom. School nurses maintain competence regarding skills, knowledge, and dispositions relating to his/her organizational position, subject matter, and/or practice.

School nurses practice with compassion and respect for the inherent dignity, worth, and unique attributes of every person. School nurse's primary commitment is to the patient, whether an individual, family, group, community, or population. School nurses promotes, advocates for, and protects the rights, health, and safety of the patient.

School nurses have authority, accountability, and responsibility for nursing practice; makes decisions; and takes action consistent with the obligation to promote health and to provide optimal care. School nurses owe the same duties to self as to others, including the responsibility to promote health and safety, preserve wholeness of character and integrity, maintain competence, and continue personal and professional growth.

School nurses, through individual and collective effort, establishes, maintains, and improves the ethical environment of the work setting and conditions of employment that are conducive to safe, quality health care. School nurses, in all roles and settings, advances the profession through research and scholarly inquiry, professional standards development, and the generation of both nursing and health policy.

School nurses collaborate with other health professionals and the public to protect human rights, promote health diplomacy, and reduce health disparities. The profession of nursing, collectively through its professional organizations, must articulate nursing values, maintain integrity of the profession, and integrate principles of social justice into nursing and health policy.

School nurses honestly fulfills reporting obligations associated with professional practices. School nurses deliver care in a manner that promotes and preserves student autonomy, dignity and rights so that all are treated equally regardless of race, gender, socioeconomic status, culture, age, sexual orientation, gender identity, disability or religion.

School nurses refrain from using, possessing and/or being under the influence of alcohol, tobacco, or unauthorized drugs while on school premises or at school-sponsored activities involving students. School nurses maintain protection of, and confidentiality with, student health records according to the Health Insurance Portability and Accountability Act (HIPAA), Family Education Rights Protection Act (FERPA), other applicable federal laws, state laws and regulations, and professional standards of practice to safeguard privacy.

Standard for AR School Nurses
Professional Competent Honest Trustworthy Integrity Drug Free This is what is expected of all school nurses in the State of Arkansas. Is this the Gold standard or the basic standard?

Ethical Violation Ethical Violation is one involving acts or omissions on the part of a nurse, when the nurse knew, or reasonably should have known, that such acts or omissions were in violation of the Standards of Professional Conduct as set forth in these rules. An ethical violation does not include a reasonable mistake made in good faith, or acts or omissions undertaken in reasonable reliance upon the advice of a supervisor.

Punishment by State Board
Refuse to issue or renew a license  Limit/restrict a license  Suspend a license  Revoke a license  Place a license on probation or place conditions on a license  Reprimand or otherwise discipline a licensee  Impose a civil penalty or fine  Recover costs  Take any other action justified by the facts in the case

Discipline Due Process
-Letter of Warning -Letter of Reprimand -Probation -Suspension -Revocation -Notice of allegations -Opportunity to respond and defend -Fair and objective decision‐making AR State Board of Nursing

Punishment by Judicial System
Fine Jail Time Felony Registered Sex Offender

Punishment by Community
Reputation at stake (guilty or not) Relationships affected Peers Friends Community Family

Age of Consent The Age of Consent is the age at which a person is deemed by Arkansas law to be capable of consenting to, and engaging in, sexual acts. Anyone who engages in sexual activity of any type with a partner under the applicable Age of Consent is breaking the law and can be charged with crimes ranging from a misdemeanor to a felony (statutory rape) depending on the jurisdiction in which they are prosecuted. Arkansas legal Age of Consent for sexual contact is 16 years old.

AR Statutory Rape Law & Sexual Assault law
Individuals under 14 years of age cannot consent to sexual activities, with the following exception: If the victim is at least 12 years of age and less than 14 years of age and the defendant is no more than 3 years older than the victim If the victim is less than 12 years of age and the defendant is no more than 3 years older than the victim Children less than 16 years of age cannot consent to sexual activity if the defendant is at least 20 years of age.

4th degree sexual assault
Definition of Offenses Offense Definition 4th degree sexual assault Sexual intercourse, deviate sexual activity, or sexual contact with someone less than 16 years of age where the defendant is at least 20 years of age. 3rd degree sexual assault Sexual intercourse or deviate sexual activity with someone less than 14 years of age where the defendant is under 18 years of age and more than 3 years older than the victim. 2nd degree sexual assault Sexual contact with someone less than 14 years of age where the defendant is at least 18 years of age. Sexual contact with someone at least 12 years of age and less than 14 years of age and where the defendant is less than 18 years of age and more than 4 years older than the victim. Sexual contact with someone less than 12 years of age where the defendant is less than 18 years of age and more than 3 years older than the victim. Rape Sexual intercourse or deviate sexual intercourse with someone less than 14 years of age where the defendant is more than 3 years older than the victim.

2012 Age of Consent in Arkansas concerning Teachers
Arkansas State’s Supreme Court, teachers can now have sexual relationships with their students if they are 18 or older and are consenting. Previous law prevented teachers from having a sexual relationship with students who were under the age of 21. School district can have policy on School Staff/student relationship.

Reminders for Nurses Recognize that you are always the adult and refrain from getting too close to the students. Nurses who care for younger students should exercise caution against too much touching. When invited by a student to attend the student or another student's off campus event—Say NO. This is inappropriate. Pitfalls and Potholes: A checklist for Avoiding Common Mistakes of Beginning Teachers, by Barbara Murray and Kenneth Murray

Reminders for Nurses When working on a related school project (athletic activities, etc.), don’t do it alone, especially after hours. Invite other professional adults to be present during the activity. Maintain an appropriate level of privacy concerning your life outside the school, especially when you interact with students and parents. Pitfalls and Potholes: A checklist for Avoiding Common Mistakes of Beginning Teachers, by Barbara Murray and Kenneth Murray

What do these people have in common?
ALL REGISTERED SEX OFFENDERS

Registered Sex Offenders
The 37-year-old special education teacher at Raymond E. Wells Junior High School in Greenwood, AR. Allegedly having sex twice with a 14-year-old boy in his own bed while his parents were not home. She’s charged with sexual assault, a first-degree felony punishable by 10 to 30 years in prison if convicted. WYNNE, Ark. (KTHV) –June 14, 2013, A Wynne High School band teacher has allegations of sexual indecency with one of his students. Allegations are kissed a 16-year-old female student, exposed himself and asked her for sex behind the closed doors of his classroom. Example from Arkansas….

School nurse at Green Forest High School in Green Forest, Ark., arrested on Nov. 14, 2007, for a sexual relationship with a 17-year-old male student and providing two 17-year-old male students with beer. School nurse charged with sexual assault of student ( )

Feb 3, 2016 Former School Nurse, Lorie Gean Earwood, 45, was charged with having inappropriate relationship with student. She will be charged with two class B felony charges of a school employee engaging in a sex act or deviant sexual intercourse with a student under the age of 19 years. She is currently held in the Lauderdale County Detention Center on bail of $22,000.

Missouri school nurse charged with having sex with student, 15 Police says she drove boy to Springfield and they had sex in a parking lot. 31 year old Amanda Scheetz was charged with statutory rape.

Teacher and volleyball coach at Mount St. Mary Academy, LR, Arkansas. Two former Mount St. Mary employees, who were involved in a sexual assault investigation in March, have been arrested ... Kathy Griffin was fired at the same time for failing to report the relationship. Kelly O'Rourke was fired in March after being accused of an “inappropriate relationship” with a student, who is now an adult ... The victim told her parents she had a relationship with the coach since She was 16-years-old when the alleged relationship began ... O'Rourke has been charged with first degree sexual assault.

more than 1,300 text messages
Eighth-grade teacher Stephanie Bradshaw pled no-contest, which the court views as a guilty plea, to the Class A felony charges of first-degree sexual assault. Under her plea the judge sentenced the 29-year-old Bradshaw to 15 years probation and fines of nearly $3,000. Bradshaw loses her teacher's license and must register as a sex offender. more than 1,300 text messages between her (29y/o) and the victim (14y/o)

Protect yourself and your students
Have a district policy on school staff-student relationships. Stick to it. Make your policy black and white-No room to read between the lines. As school staff, don’t put yourself in a bad situation. (that’s what we tell our teens) School needs texting/ social media policy Don’t become a statistic!

Suggested Guidelines for Policy
1. Touching: Clearly there should never be any touching in the "bathing suit zone." 2. Dress/Appearance: Dress professionally. Don't try to “fit in” with your students. Can parents determine who is the professional and who is the student? 3. One-on-One Meetings: Teachers ever spend time alone with a student behind closed doors. Teacher contact with students on or off campus should remain professional. The teacher is not the student's buddy.

Suggested Guidelines for Policy
4. Self-Policing: Don’t blurring of the lines with your student. It is the adult responsibly to make sure the relationship remains teacher/nurse-student, nothing else. 5. Peer-Observation: All staff especially other teachers have an obligation to report any inappropriate behavior observed to their supervisor. If it looks or sounds inappropriate- Report it. Lives are on the line…even yours.

Suggested Guidelines 6. Text Messaging, Enforce Ethics Guidelines. Have a school policy. Suggestions: Remind.com: Free Tool for Schools 7. Social-Networking Websites: School Policy: monitoring not socializing?

Resources ARKANSAS State Board of Nursing
Teacher/Student Relationships: Where to Draw the Lines acher_Student_Relationships.aspx The big list: Female teachers with students

More Resources CDC’s National Center for Chronic Disease Prevention and Health Promotion Division of Adolescent & School Health: CDC’s Dating Matters Dating Matters: Understanding Teen Dating Violence Prevention National Dating Abuse Helpline Text 77054

Learn more about teen dating violence prevention?
Choose Respect Initiative: National Domestic Violence Hotline: SAFE (7233) National Sexual Assault Hotline: HOPE (4673) National Sexual Violence Resource Center: National Teen Dating Abuse Helpline: | TTY | National Coalition Against Domestic Violence (NCADV):

Rhonda McDonald, RN, BSN, CHNS
Sherry Williamson, M.P.A. Rhonda McDonald, RN, BSN, CHNS

Arkansas Commission on Child Abuse, Rape and Domestic Violence

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