1. California Mandated Reporter Training

2.  Provide a brief history of child abuse reporting  Review statistics/ impact of child maltreatment  Educate about purpose/intent of the law  Define child abuse and neglect in California  Recognize signs of child maltreatment  Identify risk factors and red flags  Who are mandated reporters  When and how to report child abuse  What happens after a report is made Objectives of Mandated Reporter Training

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

4. Mary Ellen Wilson

5. Dr. C. Henry Kempe “Battered Child Syndrome” 1962

6. 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.

7. 2010 Child Maltreatment 2011 Provides most recent report of data from the National Child Abuse and Neglect Data System (NCANDS) Approximately 3.4 million suspected child abuse or neglect reports were received 20% were substantiated; approximately 680,000 children were found to be victims of child abuse or neglect in FFY 2011

8. Child Maltreatment NCANDS 2011 Neglect 78.5% Physical Abuse 17.6% Sexual Abuse 9.1% Emotional Abuse 8% Medically Neglected 2%

9. Child Welfare Dynamic Report 2009-2010 Neglect 62% Physical Abuse 19% Sexual Abuse 9% Emotional Abuse 10% http://cssr.berkeley.edu/ucb_childwelfare 87,000 Substantiated Victims of Abuse and Neglect

10. Impact of Child Neglect The Still Face Experiment

11. 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

12. 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 in the home It is equally important to provide assistance or resources to the 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

13. What are some of the reasons Mandated Reporters wouldn’t report?

14. 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

15. 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) and the perpetrator is any person (including a child) the following types of abuse must be reported:  Physical Abuse  Sexual Abuse  Neglect  Emotional Abuse

16. 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)

17. 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

18. 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

20. Ear Bruise

21. Patterned Bruising

22. Grab Marks

23. Distinct outline

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

25. 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

26. Sexual Exploitation Preparing, selling, or distributing pornographic materials involving children Performances involving obscene sexual conductEmployment of minor to perform obscene actsDepicting a minor engaged in obscene acts

27. Sexual Abuse Indicators Disclosure of Sexual Abuse by the Child Sexual behavior and/or knowledge beyond developmental expectations Inappropriate sexual behavior with peers Sexually explicit drawings STD, injury, child pornography

28. 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

29. 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??

30.  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

31. Severe Neglect The intentional failure of a caregiver to provide adequate food, clothing, shelter, or medical care Caregiver willfully causes or permits the child’s health to be endangered Failure to protect the child from severe malnutrition or medically diagnosed nonorganic failure to thrive

32. General Neglect (No Physical Injury) Failure of a caregiver to provide food, clothing, shelter, medical care, or supervision, where no physical injury to the child has occurred Indicators of possible neglect should be evaluated in the context of the family’s culture, values and economic situation.

33. 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

34. Home Environment- Indicators Medications, cleaners, toxins within reach of a child Guns or other weapons that are not properly secured Trash, rotted food, insects, or animal waste Choking hazards within reach of an infant or toddler

35. ENTER IN YOUR OWN LOCAL RESOURCES Local Resources

36. ENTER IN YOUR OWN LOCAL RESOURCES Local Resources

37. ENTER IN YOUR OWN LOCAL RESOURCES Local Resources

38. 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 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

39. 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

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

42. 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.

43. 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

44. 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

45. 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

46. 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

47. Child Red Flags for Abuse/Neglect Anxiety Depression Self-mutilation, Suicidal gestures/attempts Low self-esteem Social maladjustment: Delinquent behavior (such as running away from home), use of alcohol or other drugs, academic/behavioral problems in school, poor peer relationships, aggressive behavior Other significant behavioral changes

48. 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)

49. 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 Who Are Mandated Reporters?

50. 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

51. 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)

52. When Abuse is Suspected Talking with children  Conduct the discussion in private  Sit next to 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  Explore concerns to see if report is warranted- do not investigate!

53. When Abuse is Suspected If a child discloses abuse  Control your emotional response, remain calm  Do not express shock, disapproval or disgust regarding the child, parent or disclosure  Be aware that the child may not show any particular emotion  Provide appropriate reassurance  He or she is not to blame for the abuse  He or she was brave/ deserves praise for having the courage to reveal the abuse  He or she is helping the family by seeking outside help  Let the child know what you will do as a result of the disclosure, explaining who you will tell and why.

54. 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)

55. Calling the Child Abuse Hotline

56. 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.

57. 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

58. …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

59. 8572 Reporting Party’s information Name Date Address Phone

60. 8572 Information of person taking report Name Phone Title Address Date

61. 8572 Victim’s Information Name DOB Address School Present location Language

62. 8572 Involved Parties Siblings Parents Suspect

63. 8572 Incident Information When and Where did the abuse occur? What happened?

64. 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, or by a fine of $500, or by both

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

66. 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

67. The Impact of Sandusky and Penn State

68. 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

69. Child Welfare Services Primary responsibility is protection of the child Interview all involved parties Assess for risk Pro Offer services and resources to families as needed On rare occasions, may need to remove the child(ren) to ensure safety.

70. Child Welfare Services 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

71. 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

72. 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

73. 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

74. 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))

75. 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 in the home It is equally important to provide assistance or resources to the 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

76. 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

77. mandatedreporter@rchsd.org Mandated Reporter Questions