How to Identify and Report Child Abuse and Neglect in Delaware

How to Identify and Report Child Abuse and Neglect in Delaware
With an Overview of the Memorandum of Understanding Between the Department of Education (DOE) and the Department of Services for Children, Youth and Their Families (DSCYF) DEVELOPED BY THE CHILD PROTECTION ACCOUNTABILITY COMMISSION (CPAC) School Training - August 2012 The following presentation was developed by the Child Protection Accountability Commission or CPAC for full-time teachers and staff in educational settings, members of the Department of Education staff, driver’s education instructors hired in private schools, and teachers from the Early Childhood Assistance Program and Parents as Teachers. The training can also be provided live and is offered by the Department of Services for Children, Youth and Their Families’ Center for Professional Development at Mandatory Reporting is designed to send a uniform message about reporting child abuse to all persons in the State of Delaware and to help mandated reporters understand the law and their reporting requirements. Whereas, the Memorandum of Understanding between Department of Education (DOE) – Local Education Agencies and Charter Schools and the Department of Services for Children, Youth, and Their Families – Division of Family Services, Division of Prevention and Behavioral health Services (formerly Child Mental Health), and Division of Youth Rehabilitative Services, provides the agencies with a uniform process for reporting child abuse and neglect. Additionally, it addresses case collaboration and information sharing, McKinney- Vento Protections, transition to/from DSCYF to Local Education Agencies (LEAs) and Charter Schools, confidentiality, and dispute resolution. 1

HOW MANY CHILDREN ARE UNSAFE BECAUSE THEY ARE ABUSED OR NEGLECTED?
National Statistics In FFY 2009, 3.3 million allegations of child abuse and neglect were reported. 25% of the investigations determined at least one child was abused or neglected. In FFY 2009, 1,770 children died as a result of abuse or neglect. Delaware Statistics The Division of Family Services received 14,010 reports in FY 2011. Of those, 7,358 (53%) met the criteria for investigation. 1,651 reports were substantiated. First, we are going to review some child abuse statistics to understand the prevalence of the problem. During Federal fiscal year 2009, an estimated 3.3 million referrals were received by child protection service agencies. Of those referrals, 61.9% were screened in for a response and 25% were substantiated for abuse or neglect. More than 75 percent (78.3%) of children were victims of neglect; More than 15 percent (17.8%) were victims of physical abuse; Less than 10 percent (9.5%) were victims of sexual abuse; and Less than 10 percent (7.6%) were victims of psychological maltreatment. Children are at a higher risk to be abused or neglected if they are birth to age 6 or disabled. During Federal Fiscal Year 2009, one third of the child victims were less than age 4. Additionally, children under the age of 1 had the highest rate of victimization at 12.6%. Also, 11% of all child victims were reported as having a disability. For example, this higher rate of abuse and neglect occurs in: Premature infants and children with Colic or Gastro esophageal reflux disease in which common symptoms include frequent or recurring vomiting, frequent or persistent cough, refusing to eat or difficulty eating, crying with eating, heartburn, gas, or abdominal pain. Additionally, Children with Physical Disabilities, Developmental Disabilities, Chronic Illness, or Emotional and behavioral difficulties (such as Autism or ADHD) are also at a higher risk to be abused or neglected. In addition, 1,770 children died as a result of child abuse or neglect, and 80.8% of all child fatalities occurred to children younger than 4 years old. These are deaths that may have been prevented if the abuse was reported in time. In Delaware in Fiscal Year 2011, the Division of Family Services or DFS received 14,010 reports of abuse or neglect. Of those, DFS investigated over 7300 or 53% of the reports and 1,651 were substantiated. Now, we are going to discuss how to identify child abuse and neglect. Source: DHHS, ACF Child Maltreatment 2009; Family Services Intake and Investigation Statistics 2 2

HOW DO I RECOGNIZE CHILD ABUSE AND NEGLECT?
DIVISION OF FAMILY SERVICES CHILD ABUSE & NEGLECT REPORT LINE 24/ Next, we are going to define abuse, neglect, sexual abuse, emotional maltreatment, and dependency. We are also going to discuss indicators and examples of each. These indicators are “red flags” that alert us to suspect abuse or neglect. When you suspect child abuse and neglect call the Division of Family Services’ Child Abuse and Neglect Report Line at The reporting requirements and how to report will be addressed in more detail later. 3

As defined in 10 Del.C.§901(1), “Abuse” or “abused child” means that the person:
- Causes or inflicts sexual abuse on a child; or - Has care, custody, or control of a child, and causes or inflicts: Physical injury through unjustified force as defined in §468 of Title 11; Emotional abuse; Torture; Exploitation; or Maltreatment or mistreatment CHILD ABUSE First we will define child abuse. Title 10 of the Delaware Code under Courts and Judicial Procedure defines abuse. Abuse is defined as physical injury through unjustified force, as well emotional abuse, torture, exploitation, maltreatment, and mistreatment. Unjustified force will be explained more fully on the next slide. "Emotional abuse" means threats to inflict undue physical or emotional harm, and/or chronic or recurring incidents of ridiculing, demeaning, making derogatory remarks or cursing. "Exploitation" means taking advantage of a child for unlawful or unjustifiable personal or sexual gain. “Mistreatment" or "maltreatment" are behaviors that inflict unnecessary or unjustifiable pain or suffering on a child without causing physical injury. Behaviors included will consist of actions and omissions, ones that are intentional and ones that are unintentional. The alleged perpetrator must also have care, custody, or control of the child, which means they are in a position of trust, authority, supervision, or control over the child on a temporary or permanent basis. Sexual abuse of children is also included in this statute, and it will be discussed in more detail later. But unlike physical abuse and the other forms of abuse listed, sexual abuse does not require care, custody or control for DFS to investigate allegations of sexual abuse against a child. TRAINERS: Ask participants to name a few physical and behavioral indicators. Then refer participants to their handout with the indicators. 4 4 4

UNJUSTIFIED FORCE INCLUDES BUT IS NOT LIMITED TO:
Throwing the child, kicking, burning, cutting, striking with a closed fist; Interfering with breathing; Use of or threatened use of a deadly weapon; Prolonged deprivation of sustenance or medication, or doing any other act that is likely to cause or does cause physical injury, disfigurement, mental distress, unnecessary degradation or substantial risk of serious physical injury or death. UNJUSTIFIED FORCE INCLUDES BUT IS NOT LIMITED TO: In Delaware, physical discipline or punishment is not prohibited by law. However, Title 11 of the Delaware Code provides guidance for determining whether the physical injury occurred as a result of unjustified force and thus is abuse. Unjustified force includes: throwing the child, kicking, burning, cutting, striking with a closed fist, interfering with breathing, use of or threatened use of a deadly weapon, prolonged deprivation of sustenance or medication, or doing any other act that is likely to cause or does cause physical injury, disfigurement, mental distress, unnecessary degradation or substantial risk of serious physical injury or death. DFS is required to notify law enforcement of potential criminal violations against a child. During the investigation, DFS and law enforcement will consider the size, age, condition of the child, location of the force, and the strength and duration of the force. Physical marks of abuse may not be present even if the force is unjustified. 5 5 5

CHILD ABUSE AS A CRIMINAL OFFENSE
11 DEL. C. § 1103 Misdemeanor causes physical injury to a child; or causes physical injury to a child when the person has engaged in a previous pattern of abuse and/or neglect of such child. Felony causes serious physical injury to a child; or causes physical injury to a child 3 years of age or younger; or causes physical injury to a child who has significant intellectual or developmental disabilities. The misdemeanor and felony offenses both require that the person recklessly or intentionally causes the physical injury. 11 DEL. C. § 1103 defines physical injury and serious physical injury. CHILD ABUSE AS A CRIMINAL OFFENSE Criminal offenses related to child abuse by physical injury were amended in It provides special protection to infants, toddlers, and children who have disabilities. Physical injury is defined as any impairment of physical condition or pain, whereas serious physical injury is defined as physical injury which creates a risk of death, or which causes disfigurement, impairment of health or loss or impairment of the function of any bodily organ or limb, or which causes the unlawful termination of a pregnancy without the consent of the pregnant female. For misdemeanor level child abuse, the person recklessly or intentionally causes physical injury to a child through an act of abuse and/or neglect or the person has causes the physical injury and engage in a previous pattern of abuse and/or neglect of such child. For felony level child abuse, the person recklessly or intentionally causes serious physical injury to a child; or causes physical injury to a child who is 3 years of age or younger; or causes physical injury to a child who has significant intellectual or developmental disabilities. Significant intellectual or developmental disabilities means impairment in the intellectual or physical capacity of a child as evidenced by a discernable inability to function within the normal range of performance and behavior with regard to age, development, and environment. 6

As defined in 10 Del. C. §901 (18) "Neglect" or "neglected child" means that a person:
a. Is responsible for the care, custody, and/or control of the child; and b. Has the ability and financial means to provide for the care of the child; and…. NEGLECT Now we are going to define neglect. Title 10 of the Delaware Code under Courts and Judicial Procedure defines neglect. As with abuse, the alleged perpetrator must have care, custody, or control of the child. The parent or caretaker must also have the financial means to provide care for the child. 7 7 7

1. Fails to provide necessary care with regard to: food, clothing, shelter, education, health, medical or other care necessary for the child's emotional, physical, or mental health, or safety and general well-being; or 2. Chronically and severely abuses alcohol or a controlled substance, is not active in treatment for such abuse, and the abuse threatens the child's ability to receive care necessary for that child's safety and general well-being, or 3. Fails to provide necessary supervision appropriate for a child when the child is unable to care for that child's own basic needs or safety, after considering such factors as the child's age, mental ability, physical condition, the length of the caretaker's absence, and the context of the child's environment. NEGLECT (CONT.) However, neglect occurs when the parent or caretaker fails to provide necessary care, which may be food, shelter, or medical care, or the parent or caretaker engages in substance abuse and the abuse impacts the care of the child, or the parent or caretaker fails to provide supervision. TRAINERS: Ask participants to name a few physical and behavioral indicators. Then refer participants to their handout with the indicators. 8

SEXUAL ABUSE As defined in 10 Del.C.§901(21), "Sexual abuse" means any
act against a child that is described as a sex offense in § 761(h) of Title 11 including: Sexual Harassment Indecent Exposure Incest Unlawful Sexual Contact Rape Sexual Abuse of a Child by a Person in a Position of Trust, Authority or Supervision. Sexual Exploitation of a Child Dealing in Child Pornography Sexual abuse "means any act against a child that is described as a sex offense in Title 11 of the Delaware Code § 761 (h), including, but not limited to: (Trainer does not need to read all of these.) Sexual Harassment Indecent Exposure Incest Unlawful Sexual Contact Rape Sexual Extortion Bestiality Continuous Sexual Abuse of a Child Sex Offender Unlawful Sexual Conduct Against a Child Sexual Abuse of a Child by a Person in a Position of Trust, Authority or Supervision Female Genital Mutilation Sexual Exploitation of a Child Dealing in Child Pornography Possession of Child Pornography Sexual Solicitation of a Child Promoting Prostitution and advances or profits from prostitution of a person less than 18 years old TRAINERS: Ask participants to name a few physical and behavioral indicators. Then refer participants to their handout with the indicators. 9

DETERMINING AGE OF CONSENT FOR SEXUAL CONTACT
Consensual sexual contact between two minors does not require a mandatory report, even if that sexual contact results in a pregnancy. Suspected sexual behavior by force or coercion against a minor (even by another minor) must be reported. In Delaware, consensual sexual contact between two minors does not require a mandatory report, even if that sexual contact results in a pregnancy. Pregnant minors should be reported to the Division of Family Services but only when abuse or neglect is also suspected. Such instances include pregnancy that is a result of rape or incest, or the minor was unable to consent to sex due to her age. The next few slides will discuss how to determine the age of consent for sexual contact and the specific age ranges permissible by Delaware law. Please note that any suspected rape of a minor (even by another minor) must be reported to DFS. 10

DETERMINING AGE OF CONSENT FOR SEXUAL CONTACT (CONT’)
18 years and older: Can consent to sexual contact with other adults. Except: When the victim suffers from a cognitive disability, mental illness or mental limitation which renders the victim incapable of appraising the nature of the sexual conduct or incapable of consenting; If force or coercion occurred on school grounds or at a school function; or If sexual contact occurred between a student and a school employee, then a school employee must report to the school administrator or designee. Additionally, all of these incidents require a report to the police. Mandatory reports are required in all instances of sexual abuse except when a student, 18 years of age or older, is a victim of sexual abuse that occurs outside of the school environment. However, there are three exceptions: the victim suffers from a cognitive disability, mental illness or mental limitation which renders the victim incapable of appraising the nature of the sexual conduct or incapable of consenting; the victim was 18 or older and the force or coercion occurred on school grounds or at a school function; or the sexual contact occurred between a student, 18 years of age or older, and a school employee. These incidents require a report to the police. 11

DETERMINING AGE OF CONSENT FOR SEXUAL CONTACT (CONT’)
16 and 17 year-olds: Can consent to sexual contact with someone who is under 30 years of age. 12-15 year-olds: Can ONLY consent to sex with someone who is no more than 4 years older than the child. Under 12 years-old: Children under 12 years old CANNOT legally consent to sexual contact. All of these cases MUST be reported. Children CANNOT legally consent to sexual contact with anyone who is in a position of authority (e.g. family member, babysitter, coach, teacher, doctor, clergy, etc.). Sixteen and seventeen year olds can consent to sexual contact with someone who is under 30 years of age. Whereas children ages, 12 to 15, can ONLY consent to sexual contact with someone who is no more than 4 years older than the child. Children under 12 years old can NOT legally consent to sexual contact. These cases MUST be reported to DFS. Please note that children under the age of 18 CANNOT legally consent to sexual contact with anyone who is in a position of trust, authority or supervision (e.g. family member, babysitter, coach, teacher, doctor, clergy, etc.). If the person is in a position of trust, authority or supervision, you MUST report the incident to DFS. For all of these situations, if the perpetrator has immediate access to the victim, you must report immediately (e.g. perpetrator is with them, or lives in the household). Additionally, verbal consent by the victim (e.g. saying “yes” to sexual activity) without satisfying the criteria above is still considered “Without Consent” and must be reported. 12

ENHANCED PENALTIES FOR CRIMES ASSOCIATED WITH SEXUAL ABUSE OF CHILDREN
Title 11 of the Delaware Code Relating to Crimes Against Children and Specific Offenses was amended on June 30, 2010 to clarify who is in a position of trust, authority or supervision over a child and to enhance the penalties for committing such offenses. The provisions of the present criminal code concerning rape and unlawful sexual conduct that contain “position of trust” were also consolidated as a single crime known as "sexual abuse of a child by a person in a position of trust, authority or supervision." For situations in which a person in a position of trust engages in sexual contact with any child under the age of 18, the penalties are harsher. Furthermore, consensual age differences do not apply when a person is in a position of trust, authority or supervision. Please remember that a person in the position of trust, authority, or supervision is any person who assumes responsibility, whether temporarily or permanently, for the care or supervision of a child or children. 13

EMOTIONAL MALTREATMENT
Emotional abuse - defined as threats to inflict undue physical or emotional harm, and it may also include chronic or recurring incidents of ridiculing, demeaning, and making derogatory remarks. Emotional neglect - defined as incidents of isolating/shunning, rejecting or ignoring the child. EMOTIONAL MALTREATMENT We are going to switch our focus to emotional maltreatment, which includes both emotional abuse and emotional neglect Emotional abuse is defined as threats to inflict undue physical or emotional harm, and it may also include chronic or recurring incidents of ridiculing, demeaning, and making derogatory remarks. It is easiest to think of emotional abuse as active. For example, emotional abuse would occur if a parent told the child they were no good or the parent told the child they wished they were never been born. Emotional neglect is defined as incidents of isolating/shunning, rejecting, or ignoring a child. Therefore, emotional neglect is more passive and would occur if the parent is generally not interacting with the child or nurturing the child. For a child to be emotionally harmed, the child has to be experiencing significant psychological harm that is related to a persistent pattern of alleged perpetrator behavior AND it results in severely impaired functioning at home, in school, or in the community (e.g. frequent disruptive or aggressive behaviors). Significant psychological harm includes a diagnosed mental health condition such as depression OR observable behaviors or conditions that signify severe psychological harm such as bedwetting, severe withdrawal, or for infants - not smiling or making sounds. TRAINERS: Ask participants to name a few physical and behavioral indicators. Then refer participants to their handout with the indicators. 14

10 Del. C. § 908 (8) "Dependency" or "dependent child" means that a person:
a. Is responsible for the care, custody, and/or control of the child; and b. Does not have the ability and/or financial means to provide for the care of the child; and… DEPENDENCY Let’s discuss Dependency next. Title 10 of the Delaware Code under Courts and Judicial Procedure defines dependency. As with abuse and neglect, the alleged perpetrator must have care, custody, or control of the child. In contrast to neglect, the parent or caretaker does not have the financial means to provide care for the child. 15 15 15

1. Fails to provide necessary care with regard to: food, clothing, shelter, education, health care, medical care or other care necessary for the child's emotional, physical or mental health, or safety and general well-being; or 2. The child is living in a nonrelated home on an extended basis without the consent and approval of the DSCYF or any agency or court licensed or authorized to place children in a nonrelated home; or 3. The child has been placed with a licensed agency which certifies it cannot complete a suitable adoption plan. DEPENDENCY (CONT.) Dependency occurs when the parent or caretaker fails to provide necessary care through no fault of their own, or the child is living in a nonrelated home on an extended basis, or the child was placed with a licensed agency that cannot complete a suitable adoption plan. 16

DEPENDENCY INCLUDES Child Living in a Non-Related Home
Inability to Complete Adoption Plan Out-of-State Runaway Abandoned Infant (Safe Arms) This slide shows examples of dependent children: Child Living in a Non-Related Home, Inability to Complete an Adoption Plan, Out-of-State Runaway, and Abandoned Infant (Safe Arms). As mentioned in the previous slide, the parent does not have the ability or financial means to provide care for the child making the child dependent. Further, the lack of ability means that through no fault of his/her own, the parent is unable to provide necessary care due to problems such as financial constraints, mental health concerns, hospitalizations, incarceration, or disability. When a child is residing with a non-relative caretaker on an extended basis, it must be reported to the Division of Family Services (DFS) for investigation and approval as required by statute (10 Del.C. §908(8)b.2.). Parents may place their children with family members, but they may not place their children with non-relatives on an extended basis without the approval of DFS. The term extended basis is used to suggest that the child resides in the home as opposed to just visiting. DFS will explore the appropriateness of the placement through interviews, a home assessment, and background checks. Additionally, it must also be reported if a child has been placed with a licensed agency which certifies it cannot complete a suitable adoption plan or if a runaway child is located and the child is a resident of a state other than Delaware. Lastly, we’re going to discuss reports of abandoned infants. 17

SAFE ARMS FOR BABIES 1-800-262-9800
Safe Arms for Babies allows a parent to go to any Delaware hospital emergency department and leave their newborn (14 days old or younger) with any emergency department staff or volunteer. Provides immunity from criminal prosecution for abandonment provided the baby is alive, unharmed and brought into a hospital emergency department. Detailed information can be found at the Division of Public Health’s website: SAFE ARMS FOR BABIES The Safe Arms for Babies statute allows parents to leave their newborn (14 days or younger) in any Delaware hospital emergency department. The parents are also given immunity from criminal prosecution for the abandonment of their child. For more information, click on the hyperlink to go to the Division of Public Health’s website or contact the number listed on this slide. 18 18

RISK FACTORS ASSOCIATED WITH ABUSE AND NEGLECT
SUBSTANCE ABUSE & DOMESTIC VIOLENCE Next, we are going to address risk factors associated with abuse and neglect. First, let’s discuss substance abuse. 19

Parental addiction is a significant factor in child abuse and neglect
cases, with studies suggesting 40% to 80% of families in the child welfare system are affected by addiction. Data indicates that abused and neglected children from substance abusing families are more likely to be placed in foster care and to remain there longer than maltreated children from non-substance families. SOURCE: CWLA NATIONAL FACT SHEET 2008 SUBSTANCE ABUSE Child abuse and neglect and substance abuse have a strong correlation. However, substance abuse in and of itself is not considered child abuse. The substance abuse has to impact the child’s care in a negative manner. An estimated 40%-80% of the 3 million children who come to the attention of the child welfare system each year live in families with substance abuse problems, according to numerous surveys of child welfare agencies nationwide. Additionally, children from substance abusing families are more likely to be placed in foster care and to remain there longer. 20

SUBSTANCE ABUSE (CONT.)
Endangering the Welfare of a Child 11 Del. C. § 1102(a)(5) (5) The person commits the offense of Driving Under the Influence as set forth in § 4177 of Title 21, or the offense of Operating a Vessel or Boat Under the Influence as set forth in § 2302 of Title 23, and during the commission of the offense knowingly permits a child less than 18 years of age to be a passenger in or on such vehicle, vessel or boat. SUBSTANCE ABUSE (CONT.) DFS investigates reports from law enforcement of parents or caretakers Driving under the Influence and Boating under the Influence when a child is present. It’s important to note that this offense can impact a person’s ability to work in healthcare, childcare, or a public school. 21

Delaware law does not mandate reports of DV to law enforcement for adult victims.
DV cases involving children are mandated reports to DFS when the DV is chronic or severe/escalating and impairs the caregiver’s ability to keep the child safe. In Delaware, there are a variety of services to help victims of DV including 24 hour hotlines that can provide crisis intervention, resources, legal remedies and safety planning. DOMESTIC VIOLENCE Similar to substance abuse, a link exists between domestic violence and child abuse. Research suggests that in 30 to 60 percent of families where either domestic violence or child maltreatment is identified, it is likely that both forms of abuse exist. In Delaware, persons are not required to report domestic violence to law enforcement for adult victims. However, domestic violence cases involving children are mandated reports to DFS when the domestic violence is chronic or severe/escalating and impairs the caregiver’s ability to keep the child safe. Additionally, there are a variety of services in Delaware to help victims of DV including 24 hour hotlines that can provide crisis intervention, resources, legal remedies and safety planning. 22

WHEN CHILDREN ARE INVOLVED IN DOMESTIC VIOLENCE
Report cases to DFS of child abuse when a: Child is injured during an incident of domestic violence. Child is not injured but is at risk of injury, such as witnessing domestic violence where a weapon or a potentially dangerous object has been used or where a child has attempted to physically intervene in a manner that puts the child in danger of being injured. WHEN CHILDREN ARE INVOLVED IN DOMESTIC VIOLENCE When children are involved in DV, there are instances when the domestic violence must be reported to DFS. For instance, child abuse must be reported to DFS when a child is injured during a domestic violence incident OR if a child is not injured but is at risk of injury, such as witnessing domestic violence where a weapon or a potentially dangerous object has been used or where a child has attempted to physically intervene in a manner that puts the child in danger of being injured. 23

WHEN CHILDREN ARE INVOLVED IN DOMESTIC VIOLENCE (CONT’)
Report cases to DFS of emotional harm to a child due to domestic violence when a: Child is aware of DV (either chronic or single incident) perpetrated against his/her caregiver by a domestic partner and that involves a significant injury to the victim or use of weapon; AND Child has a diagnosed mental health condition or behaviors that signify severe psychological harm. WHEN CHILDREN ARE INVOLVED IN DOMESTIC VIOLENCE (CONT’) Cases of emotional harm to a child due to domestic violence must also be reported when a child is aware of DV (either chronic or single incident) perpetrated against his/her caregiver by a domestic partner and it involves a significant injury to the victim or use of a weapon. The child must also have a diagnosed mental health condition OR behaviors that signify severe psychological harm. As previously mentioned, behaviors that signify severe psychological harm include ongoing sleep/appetite disturbance, bedwetting/soiling, severe withdrawal, persistently aggressive behavior, fire setting, or for infants and toddlers – delays in physical development and/or behavioral indicators such as not smiling or making sounds or head banging. 24

DOMESTIC VIOLENCE SERVICES
Child Inc.'s Domestic Violence Program New Castle County (Bilingual): SAFE Program at People's Place Kent and Sussex Counties: Northern Kent County: Abriendo Puertas Bilingual Hotline Sussex County: DOMESTIC VIOLENCE SERVICES Child Inc’s Domestic Violence Program is a 24-hour crisis service and informational resource for people experiencing domestic violence in New Castle County. Bi-lingual staff is also available for Hispanic families. Similarly, SAFE Program at People's Place is a 24-hour domestic violence hotline for women and children residing in Kent and Sussex Counties. Abriendo Puertas (Opening Doors) is an emergency shelter program for Hispanic women and children residing in Sussex County. Abriendo Puertas also offers family therapy, case management, and transition services. 25

HOW DO I REPORT CHILD ABUSE & NEGLECT?
DIVISION OF FAMILY SERVICES CHILD ABUSE & NEGLECT REPORT LINE 24/ After a child discloses abuse or neglect or if you have a reasonable suspicion, your next step is to make a report to the child abuse report line. You should also make a report if you think a child is at risk of being abused, neglected or becoming dependent. 26

TITLE 16, SUBSECTION 903 OF THE DELAWARE CODE STATES:
“Any person, agency, organization or entity who knows or in good faith suspects child abuse or neglect shall make a report in accordance with § 904 of this title.…” TITLE 16, SUBSECTION 903 OF THE DELAWARE CODE STATES: Delaware’s Mandatory Reporting Law was amended on June 30, Not only are all persons required to report child abuse and neglect in Delaware, but agencies, organizations and entities are now required to report. Several individuals within one entity can make one report to DFS but the report must come from the person who spoke to or observed the child. Names and contact information must also be provided for every person at the entity who has information regarding the report/incident. Two or more reporters from separate entities, such as a teacher and Family Crisis Therapist or a police agency and a hospital, will require a separate report from each. The different perspectives, plus the reality the entities will have different details, make separate reports the best process. Therefore, relying on the other entity to make the report to DFS or conducting an internal screening prior to making a report is not appropriate. When you suspect child abuse and neglect call the Division of Family Services Child Abuse and Neglect Report Line at It is not your responsibility to confirm or investigate the allegations prior to making a report. Your responsibility is to report any reasonable suspicion you may have that a child is being abused or neglected. In addition, never assume that another person or agency will report the abuse or neglect. You still must report. Lastly, it does not matter if your reports have not met the criteria for investigation in the past. Even though you cannot control the outcome, you still must report. It is important to note that the Department of Services for Children, Youth, and their Families is obligated to report allegations made against a licensed professional to the Division of Professional Regulation. This Division provides oversight for Delaware’s licensed professionals. A list of the boards/commissions can be found at 27 27

CAN I BE HELD LIABLE FOR MAKING A REPORT ABOUT CHILD ABUSE AND NEGLECT?
16 Del.C. §908 (a) states that “Anyone participating in good faith in the making of a report or notifying police officers pursuant to this chapter, performing a medical examination without the consent of those responsible for the care, custody and control of a child pursuant to § 906(b)(5) of this title, or exercising emergency protective custody in compliance with § 907 of this title, shall have immunity from any liability, civil or criminal, that might otherwise exist,…” Delaware law provides for immunity from liability for persons who in good faith report suspected abuse or neglect under the reporting law. The term "good faith" refers to the assumption that the reporter, to the best of his or her knowledge, had reason to believe that the child in question was being subjected to abuse or neglect. This immunity also extends to participation in any judicial proceeding that was the result of a good faith report of suspected abuse or neglect. 28

CAN ANYTHING HAPPEN TO ME IF I DO NOT REPORT CHILD ABUSE AND NEGLECT?
There is a penalty for not reporting. 16 Del. C. § 914. Penalty for violation. Whoever violates §903 of this title shall be liable for a civil penalty not to exceed $10,000 for the first violation, and not to exceed $50,000 for any subsequent violation. In any action brought under this section, if the court finds a violation, the court may award costs and attorneys' fees. Nearly every state imposes penalties on mandatory reporters who fail to report suspected child abuse or neglect as required by law. Delaware’s penalty for violation was changed from a criminal penalty to a civil penalty. The civil penalty for persons or entities who fail to report child abuse is not to exceed $10,000 for the first violation. The civil penalty for subsequent violations is not to exceed $50,000. Persons, agencies, organizations and entities will be referred to the Department of Justice for investigation if they fail to make mandatory reports of child abuse or neglect. It is important to note that a lack of recognition of child abuse or neglect is DIFFERENT than failing to report. 29

WHAT SHOULD YOU DO IF YOU SUSPECT CHILD ABUSE OR NEGLECT?
If you observe physical or behavioral indicators, ask Minimal Fact Questions, such as : What happened? When did that happen? Where did that happen? Did you tell anyone what happened? Write down child’s exact words if you must speak to child. If the child is unable to communicate, then make the report based on your observations of the physical and/or behavioral indicators. If you observe physical or behavioral indicators, ask Minimal Fact Questions, such as: What happened? When did that happen? Where did that happen? Did you tell anyone what happened? After asking what, when and where, if the child discloses abuse or neglect it is okay to ask the question who did that to you. When is important as it relates to the need (or not) for an immediate medical exam (i.e. evidence collection). Where is helpful in determining appropriate legal jurisdiction so the appropriate police department can be notified. In addition, asking if the child told anyone else what happened assists DFS in corroborating the child’s statements and assessing whether anyone else failed to protect the child. TRAINER: Discuss why it is important to ask what, when and where first by using an example. For instance, a teacher observes a child with a black eye and asks the child “who gave you a black eye?” Ask the audience why they wouldn’t want to use that question first and discuss how it is leading. Make sure to write down the child’s exact words. Also, try to limit the number of school employees the child interacts with so the child will not have to tell the information over and over again. If the child is unable to communicate, then make the report based on your observations of the physical and/or behavioral indicators previously discussed. 30 30

WHAT SHOULD YOU DO IF YOU SUSPECT CHILD ABUSE OR NEGLECT? (CONT.)
Avoid Expressing disbelief, shock or anger, etc. Value judgments and accusatory statements Thank the child for telling you and tell the child it is not his/her fault. Tell the child you have to report the abuse to a professional. Do not react in a surprised, angry or shocked manner. Avoid why questions and other accusatory statements, such as why did you do that or what did you do wrong. Also, reassure the child that they are not in trouble with you and that they did not do anything wrong. It’s also okay to thank the child and tell the child that it is not his/her fault. Lastly, it’s okay to indicate that the child is going to talk to a person whose job it is to help keep children safe. 31 31

WHAT SHOULD YOU DO IF YOU KNOW/SUSPECT CHILD ABUSE OR NEGLECT? (CONT.)
Do not interview the child multiple times. Do not take pictures of the injuries or ask the child to undress. (Exception – medical providers) Do not notify the parent/caretaker you are making a report. The child should not be interviewed beyond the disclosure. Once you have obtained the information needed to make a report, it is not necessary to ask the child other details about the abuse (e.g. what color was the belt, how many times was the child hit, etc.). Asking more questions about the incident is when you’ve gone beyond asking the minimal facts. In fact, you have begun to interview the child. As professionals, we must allow only trained interviewers, such as DFS workers, law enforcement personnel or forensic interviewers at the Children’s Advocacy Center, to interview child victims of abuse or neglect. To reduce the trauma to the child, photographs will be taken and interviews will be conducted by a member of the multi-disciplinary team. This team will be identified later in the presentation. School personnel are not authorized, and have not been trained in the proper procedures, to photograph a child’s injuries for evidentiary purposes. Once an investigation is initiated by DFS, school employees should not notify the parent or legal guardian about the report, since it may interfere with the investigation or cause recantation, or it may even place the child in jeopardy. DFS and police will notify the parent or caretaker about the allegations. 32

WHAT INFORMATION IS NEEDED TO MAKE A REPORT?
Demographics; Known information about the parents or siblings; Known information about the alleged child victim’s physical health, mental health, educational status; Information regarding medical attention that may be needed for injuries; Any information you have about the way the caregiver’s behavior is impacting the care of the child; and Known information that could put the child’s or DFS worker’s safety in peril such as the presence of alcohol, drugs, weapons, dangerous animals or criminal behavior. The information you provide when making a report assists DFS in determining whether the report meets criteria for investigation and when it does - how quickly to respond. Demographics will usually be found in the child’s records. If you already have the information, then there’s no need to ask the child. School employees will also be asked to provide the following: Known information about the parents or siblings; Known information about the alleged child victim’s physical health, mental health, educational status; Information regarding medical attention that may be needed for injuries; Any information you have about the way the caregiver’s behavior is impacting the care of the child; and Known information that could put the child’s or DFS worker’s safety in peril such as the presence of alcohol, drugs, weapons, dangerous animals or criminal behavior. 33

CHILD ABUSE REPORT LINE
To report suspected child abuse or neglect in Delaware call the 24 Hour Division of Family Services (DFS) Report Line at Delaware’s 800# is a national and statewide number. Reports should not be made to local DFS offices. Spanish translation is available 24/7. DFS also accepts written reports and walk-in reports. Calls are digitally recorded for random quality assurance reviews. CHILD ABUSE REPORT LINE All suspected child abuse and neglect in the state of Delaware must be reported to the child abuse report line at However, when a child’s life is in danger, you should call 911 immediately. Spanish translation is available 24/7. When the reporter leaves their name and number, a translator is on call and will call the reporter back to take the report. Every report is reviewed by a DFS report line supervisor. If informed that your report does not meet criteria for investigation and you continue to have concerns, you should ask to speak to a report line supervisor. The report line worker is required to give his or her name if you request it, as well as their supervisor’s name. 34 34 34

CHILD ABUSE REPORT LINE (CONT’)
Magic words are “I want to make a report.” If unsure, DFS needs to be the decider. It’s okay to call the Report Line and discuss what you know. The person who spoke to or observed the child should make the report because it is required by statute and the Report Line may have questions about the child’s disclosure or condition. DFS may have information about the family you don’t know about. You will be informed at the time of your call whether the report has been accepted or not for investigation or you should receive a call back within 24 hours, if you provide your name. CHILD ABUSE REPORT LINE (CONT’) Even if several individuals within the school have information regarding the incident, only one report to DFS is necessary. However, the report should be made by the person who spoke to or observed the child, because it is required by statute and the report line may have additional questions. Names and contact information must also be provided for every person at the entity who has information regarding the report/incident. By policy, DFS will notify the reporter of the decision to accept or screen out the report within 24 hours. 35 35 35

THREE QUESTIONS THAT WILL BE ASKED OF THE REPORTER
What are you worried about? What is working well? What needs to happen next? Beginning in May 2012 the Division of Family Services Report Line began implementation of a new model for how reports are handled at the Child Abuse Report Line. The new model is called Structured Decision Making® and is a research based model that is based on factors that predict risk of child abuse and neglect. Delaware statutes were incorporated into the new tools. Callers making reports of suspected child abuse and/or neglect will find that the questions asked by Report Line staff are phrased and sequenced differently. It is also possible that reporters may experience different outcomes in terms of which cases are accepted or not accepted for investigation. The three basic questions shown on this slide act as guides for helping Report Line staff understand the complete scope and nature of the report. At their most basic, the Structured Decision Making® Report Line assessment can be boiled down to these three questions. Every interview will cover these three main issues. And while they are very simple questions, sometimes in the heat of the moment—in the middle of a complicated Report Line call—it can be helpful to have simple maps or guides to keep the interview focused. The details of how Report Line staff ask these questions and what content staff choose to focus on will change, but these will be the three most central questions. 36

WHAT ARE YOU WORRIED ABOUT?
Caregiver Behavior Impact on Child Be prepared to provide information about the specific behavior of the caregiver that resulted in alleged abuse and/or neglect. This may be something the caregiver has done or failed to do. 37

GENERALIZATIONS VS. BEHAVIOR AND IMPACT
“She is mentally ill.” How do you know? What are the caregiver behaviors associated with it? When do those behaviors show themselves? How do those behaviors impact the child? How did you find out? What does the child know? What has the child seen? What are you worried is happening or will happen? Reporters should expect Report Line staff to attempt to surface behavioral detail from generalizations. Reporters often rely on headline terms to convey information about a family. “Mom is mentally ill” is one example. Unfortunately, the standard set of details that come to mind when hearing the term “mentally ill” may not accurately reflect what is going on with this caregiver. 38

WHAT IS WORKING WELL? If DFS does not know “what is working well” they cannot know how worried to be. Questions will be asked that rigorously surface the history of protection—and how this can be applied to the safety of the children going forward. The purpose of this question is to help determine how worried DFS should be and to determine the proper response time. The Report Line will be interested in knowing whether the caregivers have a history of protecting the children or the capacity to protect the children in the future. What are the family’s strengths? 39

WHAT NEEDS TO HAPPEN NEXT?
To Keep the Child Safe, AND To Help the Family. The report line is also asking your opinion about what you think needs to be done to keep the child safe and to help the family. 40

THE DIVISION OF FAMILY SERVICES
Receives reports for all children in the State of Delaware that have been abused or neglected. Then DFS will do one of three things: 1. Accept the report and investigate the allegations or conduct a family assessment; or 2. Refer the report to law enforcement for investigation; or 3. Document the report, but not investigate the allegations. The Division of Family Services receives reports for all children in the State of Delaware that have been abused or neglected. Upon receipt of the report, DFS will do one of three things: accept the report and investigate the allegations or conduct a family assessment; refer the report to law enforcement for investigation; or document the report but not investigate the allegations. Family Assessments involve identifying the family’s strengths and needs and offering voluntary services tailored to the family’s needs. 41

Investigation Response Times
NEW DFS RESPONSE TIMES Investigation Response Times Priority One – Within 24 hours Priority Two – Within 72 hours Priority Three – Within 10 days Along with the new Structured Decision Making® model the Division of Family Services added a new response time. Using decision trees, the Division will assign a response time to all reports accepted for investigation. There are three possible response times reflected on the slide. Just as it is possible that reporters may experience different outcomes in terms of which cases are accepted or not accepted for investigation, it is also possible that reporters may experience different outcomes as it relates to response times. 42

MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN DOE AND DSCYF
The entire MOU can be found at: The Memorandum of Understanding or MOU is an agreement between the Department of Education (DOE) which includes the Local Education Agencies or LEAs and Charter Schools, and the Department of Services for Children, Youth, and their Families (DSCYF), which includes the Division of Family Services (DFS), the Division of Youth Rehabilitative Services (DYRS), and the Division of Prevention and Behavioral Health Services (DPBHS). This group of Departments, agencies, and schools will be referred to as “the agencies” throughout this section. The MOU specifies that DFS will prepare and update yearly the 1 hour training in the detection and reporting of child abuse, which is required for all full-time public schools teachers per 14 DE Code § 4123(a). This training fulfills the mandate of this law. Attendance for the training should be documented by the LEA or charter school and submitted to DOE. In addition to teachers and DOE employees, other individuals that come into contact with children in a school setting should also receive yearly training. The list includes but is not limited to drivers education instructors, school counselors, school nurses, bus drives, Parents as Teachers, and the Early Childhood Assistance Program. The MOU can be located at the following web address, as well as on the handout. The revised MOU was signed in December 2008 by the Cabinet Secretaries, School Superintendents, heads of Charter Schools, and DSCYF Division Directors. It will be revised again during the FY13 school year. 43

OVERVIEW OF THE MOU Ensures Compliance with 14 DE Code § 4123, which requires full-time teachers to receive 1 hour of training every year in the detection and reporting of child abuse; Establishes Each Discipline’s Roles and Responsibilities in the Reporting and Investigation of Child Abuse; Enhances Case Collaboration and Information Sharing; Delineates McKinney- Vento Protections; Establishes a Protocol for Transition to/from DSCYF to Local Education Agencies (LEAs) and Charter Schools; and Addresses Confidentiality and Dispute Resolution. In addition to addressing the school training, the MOU was designed to safeguard children and streamline the process of reporting Child Abuse and Neglect for all schools in Delaware. The MOU also establishes expectations and procedures for schools during the investigation and provision of treatment services by DFS. It also specifies a procedure for children in foster care, who change residences, so that their educational placement and transportation needs are based on the child’s best interests. The McKinney-Vento protections for children in foster care are included in the MOU, so that communication and coordination between the agencies can be more effective. Additionally, after child abuse or neglect is reported by school staff, there is certain information that DFS can share with the school, and this is included in the MOU, as well as in your handout. The MOU also provides guidelines for ensuring that children receive a successful transition from a licensed or contracted provider of DSCYF to or from a local school. For example, a child exiting the New Castle County Detention Center and returning to a local school. Lastly, laws related to confidentiality and a process for resolving disputes between the agencies are also included in the MOU. Each of these areas will be addressed in more detail in the next couple of slides. 44 44

ROLES AND RESPONSIBILITIES: CHILD ABUSE REPORTING
Local Education Agencies/Charter Schools shall: Report suspicion of abuse or neglect; Make a new report each time abuse or neglect is suspected; School employee who spoke to or observed the child shall make the call to the report line. Fax or mail the Mandatory Reporting Form to DFS within 72 hours for documentation. We’re going to begin by discussing the roles and responsibilities for child abuse reporting identified in the MOU. First, let’s look at LEAs and charter schools: As previously mentioned, all persons, including school employees, have a duty to report suspected child abuse and neglect to DFS. The report must be made by the school employee who spoke to or observed the child. This employee must also provide the names and contact information for every person at the school who has information regarding the report/incident. It is important to note that a report must be made each time abuse or neglect is suspected regardless of current DFS activity with the family. Additionally, the report should be made as soon as possible to allow for DFS to plan for the child before dismissal. Please also note that this report is made based on a reasonable suspicion. It does not have be validated. There is no penalty for an inaccurate report made in good faith, but there is a penalty for failure to report. Within 72 hours, the written report, also known as the Mandatory Reporting Form, should be faxed to DFS at or mailed to the address provided on the form. The form can be located on Iseethesigns.org or at the the following website: (kids.delaware.gov/information/school.shtml). 45 45

ROLES AND RESPONSIBILITIES: CHILD ABUSE INVESTIGATION
Division of Family Services will respond as follows for reports initiated by the school: Never release the source of the report; Decide whether or not to initiate the investigation on-site at the school; Contact the school about the expected response time; Report to the school’s main office and provide ID, if a school response is warranted; Contact law enforcement for reports that would constitute a criminal violence against a child and may request a police response at the school or for the police to transport the child to the hospital; The MOU also delineates what you can expect from DFS during an investigation. First, it is the policy of the Division to not divulge the source of the report without consent. However, if the case goes to court, it may be necessary to disclose the reporting source if ordered by the court to do so. As a practical matter, that usually does not occur. Upon receipt of the investigation, the assigned DFS case worker will decide whether or not to interview the child at the school or another location based on case specific information. If a school response is warranted, then the case worker will contact the school about the expected response time, and upon arrival at the school, will go to the main office to show identification and to request to speak with the child. Since confidentiality is always a priority, the school will identify an interview space that is not visible to other children or adults. Nor will school staff share information internally that an interview has occurred. DFS is also required by statute to contact the appropriate law enforcement agency regarding any report, which if true, would constitute a crime against a child. When a child has been seriously injured or sexually abused, DFS may request that the police respond to the school to conduct the joint investigation or to transport the child to the hospital. 46 46

ROLES AND RESPONSIBILITIES: CHILD ABUSE INVESTIGATION(CONT’)
Division of Family Services will respond as follows for reports initiated by the school: Discuss the interview process with the reporter and conditions under which school personnel could be present; Interview the child; Observe and photograph a child’s physical injuries in the school environment; Never conduct a physical assessment of a child alleging sexual abuse; Never transport a child without legal custody, temporary emergency protective custody or a signed parental/legal guardian’s consent; Prior to meeting with the child, the DFS case worker will discuss the interview process with the school, which will include the conditions under which school employees may be present. The role of the school employee is to support the child, whereas the role of the case worker is to conduct the interview. As previously noted, it is best practice for child victims of abuse or neglect to be interviewed by a trained interviewer, such as a DFS worker, a law enforcement officer or a forensic interviewer at the Children’s Advocacy Center. If the presence of the school employee is necessary, then it is only for the purpose of providing emotional support to the child. Therefore, the school employee present in the interview should be the person who has a relationship with the child and who can provide the most emotional support. The employee should not speak or participate in any way in the interview, including prompting or encouraging a child to speak. The employee may be later subpoenaed for testimony on the interview. In addition, it may be necessary for the case worker to observe a child’s physical injuries to determine if police intervention is warranted and if medical treatment is needed. The DFS investigation caseworker or law enforcement officer can also photograph the child’s injuries to document them as evidence for the investigation. Lastly, DFS is not authorized to transport a child without legal custody, temporary emergency protective custody or a signed parental/legal guardian’s consent to transport. 47 47

Division of Family Services will respond as follows for reports initiated by the school: Authorized to take Temporary Emergency Protective Custody of a child from a school, day care facility, or child care facility; and Permitted to inform the reporter about the following: - DFS responded, the child is safe or the child was placed; - Who is allowed to have contact with child; - Explain if there is something school should be doing; - Who school should call if something else happens; and - When the child’s placement changes if the child was placed out of home. When a DFS caseworker responds to a school to investigate a report, if necessary, the following actions can be taken: A DFS caseworker has the authority to take temporary emergency custody of a child that is located in a school, day care facility or child care facility when it is suspected that the child is in imminent danger of suffering physical harm or threat to life as a result of abuse or neglect. When the school is the reporter, the DFS investigation caseworker should follow up and inform the school reporter on the following things: DFS responded, the child is safe, or the child was placed Who is allowed to have contact with the child Instructions if there is something the school needs to do, such as referring the child to the guidance counselor. Who should be called if something else happens to the child When placement changes if the child was placed out of the home . 48 48

Division of Family Services will respond as follows for reports initiated by other sources: Decide whether or not to initiate the investigation at the school; Attempt to contact the school about the expected response time; Report to the main office and provide ID if a school response is warranted; May request that the school nurse assist with the physical assessment of the child, but will not request the nurse to complete the physical assessment prior to the DFS response; and Wellness Center reports will be handled as external reports, but the school may be contacted to obtain information. If the reporting source is not the school, DFS or law enforcement may still conclude that it is necessary to pursue an investigation in the school setting. The case worker may request that the school nurse assist with the physical assessment of the child, but will not request the nurse to complete the physical assessment prior to the DFS response. As a final note, reports from Wellness Centers will be handled as external reports, but the school may be contacted to obtain information. 49 49

MULTIDISCIPLINARY RESPONSE TO REPORTS
DFS and/or law enforcement will conduct an investigation for any report that involves an offense against a child. The Department of Justice (DOJ) will decide if there is enough evidence to prosecute criminally or civilly. Whenever appropriate, cases will also be referred to the Children’s Advocacy Center (CAC) for a forensic interview, medical exam and/or mental health screening. Children are best served when there is collaboration among the entities investigating child abuse and neglect. The multidisciplinary team often involves DFS, the Department of Justice (DOJ), law enforcement, the Children’s Advocacy Center (CAC), and sometimes a medical or mental health professional or Guardian Ad Litem. The MOU between DSCYF, the CAC, DOJ and the Delaware Police Departments provides support with the collaborative intervention. Both DSCYF and DOE have a copy of the MOU on their websites. 50

HOW CAN INFORMATION BE SHARED?
In general, DFS will share information only when there is a signed release of information (informed, time limited consent). DFS, law enforcement, the CAC, and the DOJ exchange information on families and children when this information is needed to assist an investigation involving a shared client. DFS will share information when there is a signed release of information. However, the multidisciplinary team will exchange information when it is relevant to an investigation involving a shared client. The MOU also provide guidance regarding the exchange of information between DFS and LEAs or charter schools. 51 51 51

CASE COLLABORATION AND INFORMATION SHARING
For Active DFS Investigations: Verbal or written consent of a parent/legal guardian or relative caregiver is not required for DFS to investigate allegations of abuse, neglect or dependency or to interview a child. Information sharing is encouraged once the investigation has begun. No identified DFS caseworker → Contact the Report Line and leave name and number Identified DFS caseworker → Contact the caseworker directly DFS does not need consent from the parent or legal guardian to investigate allegations of abuse, neglect or dependency, or to interview the child at school in connection with an allegation. Communication and collaboration between the school and DFS is essential to meeting the needs of the child and doing what is in his/her best interest. This is allowable under the law. During an investigation certain information can be shared between the school and DFS with the purpose of enhancing the investigation. If the school needs to share additional information and no case worker is identified, the school should contact the report line. However, if the caseworker is known, he/she should be contacted directly. 52 52

CASE COLLABORATION AND INFORMATION SHARING (CONT’)
For Active DFS Treatment Cases: Information can be exchanged with a consent. No identified DFS caseworker → Contact the Report Line and leave name and number Identified DFS caseworker → Contact the caseworker directly DFS caseworker will contact the school periodically to assess the child’s educational status * For more information about the DFS Investigation and Treatment process, please review the DFS Primer: Similarly, if the case is in treatment, information can be exchanged so long as either agency possesses a signed consent from the parents/legal guardian. Also, the treatment case worker should be contacted if known. If unknown, the school employee should contact the report line. If a case is in treatment, you should expect a DFS case worker to contact the school periodically to assess the child’s educational needs. 53 53

CONFIDENTIALITY DSCYF and each LEA/Charter School will comply with the relevant laws and regulations that govern confidentiality. DSCYF and each LEA/Charter School will provide information to each other which is not specifically protected in order to ensure the successful support of children and families. DSCYF and each LEA/Charter School will make concerted efforts to ensure that parents/guardians understand the importance of sharing information for the success of their child. Laws related to Confidentiality: Child Abuse Prevention and Treatment ACT (CAPTA) Family Educational Rights and Privacy Act (FERPA). Health Insurance Portability and Accountability Act (HIPAA) In an effort to increase communication, the agencies are able to share information that is not protected with each other in order to ensure the successful support of children and families. Additionally, the agencies will comply with the relevant laws and regulations that govern confidentiality, including the Child Abuse Prevention and Treatment ACT (CAPTA) which describes the circumstances under which confidential information may be disclosed to Federal, State or local government entities to protect children from abuse or neglect; Title 14 DE Code §4111 which discusses disclosure of students’ educational records and personally identifiable information upon written consent; and the Family Educational Rights and Privacy Act (FERPA). FERPA allows schools to disclose, without parental consent, directory information such as the student’s name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. The Health Insurance Portability and Accountability Act of 1996 does not preclude reporting suspected child abuse. 54 54

WHAT HAPPENS WHEN A STUDENT ENTERS FOSTER CARE?
In Delaware, all children in foster care are eligible for the protections and provisions under the McKinney- Vento Homeless Assistance Act . Over the next few slides, we will discuss the partnership between DOE and DSCYF in fulfilling the responsibilities outlined in the federal McKinney- Vento Act, which allocates funds to the States for the education of homeless children and youths. The roles and responsibilities of each department are also further delineated in the MOU. In Delaware, all children in the foster care system are considered “homeless” for the purpose of school. Delaware has a state statute that says this, so our law is more protective of children in foster care than most other states. Delaware is often used as an example at National Conferences. 55

MCKINNEY-VENTO PROTECTIONS
Local Education Agencies/Charter Schools shall: Ensure that children in foster care placement are provided the benefits of the McKinney-Vento Act for homeless children. Provide transportation to the foster child’s school of origin when in the child’s best interest. Use the Determining Feasibility of School Placement Form Therefore, any child in foster care, a homeless child, or a child who is considered an unaccompanied youth (who does not have the presence of a parent or legal guardian) is within the provisions and protections of the federal McKinney-Vento Act. As such, each LEA and charter school is responsible for ensuring that children in foster care are provided these protections under McKinney- Vento, which include the right to stay in their school of origin (i.e. the child’s school before entering care or homelessness), when in the best interest of the child, and be provided transportation to the school of origin regardless of changes in foster care placement. When determining the child’s best interest, the discussion should include a review of the questions posed in the “Determining Feasibility of School Placement form” which can be accessed on page 36 of the MOU. The questions consider the school the child wants to attend, the distance and time on travel, etc. Please be aware that a student will not be removed (except for a safety concern in that school) from a school until after the Best Interest Meeting has been conducted. 56 56

MCKINNEY-VENTO PROTECTIONS(CONT’)
Department of Services for Children, Youth, and Their Families (DSCYF) shall: Enroll a child in foster care in school immediately after a decision in a Best Interest Meeting. Request a meeting with the school when there is a change in foster care placement. Provide/arrange transportation until LEA transportation to school of origin is established. Provide necessary information and documents. Request an Educational Surrogate Parent if appropriate. Attend an end of year Best Interest Meeting in May/June. When there is a change in foster care placement, DSCYF is responsible for requesting a meeting with the school to determine where the child should be enrolled based on the child’s best interest. This meeting can be held in-person or via available technology to avoid delays. Again, the “Determining Feasibility of School Placement form” should be used to consider the child’s best interests. Once a child is placed in foster care, DSCYF is responsible for enrolling the child in school within hours (after a Best Interest Meeting) and providing transportation to/from school until other transportation is established. DSCYF would also withdraw a child in the same timeframe if a decision was made that it would be in the child’s best interest to change schools. DSCYF should also provide the school with as much educational information as known about the child, along with proof of legal custody. For instance, necessary information includes, the last school of attendance, grades, credits if known, and whether the child is receiving special education at the time of enrollment. The DSCYF may also request an Educational Surrogate Parent (ESP) if the child receives special education services or may be in need of special education services and no parent can be identified; parents cannot be located; parental rights have been terminated; the child is an unaccompanied homeless youth; the child is in the custody of DSCYF; or the parent voluntarily consents to having an ESP appointed. Appointment of ESPs must be approved by the Dept. of Education (DOE). The referral form for an ESP can be found on Parent Information Center’s website at A representative of the DSCYF must also attend a Best Interest Meeting at the child’s school for educational planning. The meeting is usually held in May unless it is held in conjunction with an IEP meeting. The child’s Court Appointed Special Advocate or Attorney Guardian ad Litem and parent/legal guardian must be invited to attend the Best Interest Meeting. If decisions related to special education will be discussed, then an educational surrogate must also be present. Even when a child is in foster care, the parents have a right to plan for their child’s education, and this effort is supported by DSCYF. Additionally, if a foster care placement is disrupted, DSCYF will work to keep the child in the same community, school or school district whenever possible. 57 57

MCKINNEY-VENTO PROTECTIONS (CONT’)
Local Education Agencies/Charter Schools shall: Enroll a child in foster care in the new school within 2 school days of referral (after a Best Interest Meeting) even if DSCYF is unable to produce records. Transfer of records promptly. Ensure that sending school fully transfers credits, including partial credits. Now let’s take a look a some of the responsibilities of the LEAs and charter schools. In addition to allowing children in foster care to remain in their school of origin, McKinney-Vento also requires schools to enroll children in foster care in a new school within 2 school days of the referral (after Best Interest Meeting) if it has been determined that it is in the best interest of the child to change schools. The school shall enroll the child, even if full documentation (including academic records, proof of residency, immunization records, etc.) is unavailable at the time of enrollment. Prompt transfer of records should also be facilitated by the transferring and receiving schools. That is, the transfer of school records should take place within 3 school days during the school year and 5 working days during the summer. The sending school should also make sure all credits are verified and sent to the receiving school. In cases where the child is a high school senior, the initial and transfer schools will decide who will grant the child a diploma. 58 58

MCKINNEY-VENTO PROTECTIONS (CONT’)
Local Education Agencies/Charter Schools shall: Accept DSCYF letterhead as proof of residency. Accept registration materials from DSCYF case workers via fax or electronically and schedule a meeting or teleconference with DSCYF. Host meetings with necessary parties as needed. Host the Best Interest Meeting in May/June. Registration requirements are also modified for children in foster care. For instance, the transferring school is required to accept a DSCYF letterhead statement as proof of residency of a child in foster care. Also, schools are able to accept registration material via fax or electronically from a DSCYF case worker, and set up a meeting or teleconference within five business days. Finally, the school will also host meetings with necessary parties as needed to develop the best educational plan for a child in foster care. In particular, the school will host a best interest meeting in May/June to determine whether it is in the best interest for the child to remain in the school of origin or be transferred to the district in which they are now living for the following school year. DSCYF will ensure that the interested parties are invited. 59 59

WHAT IF A STUDENT TRANSITIONS TO A DSCYF SCHOOL PROGRAM?
DOE and DSCYF have developed a protocol to ensure that children successfully transition to/from DSCYF school programs including licensed or contracted providers.. To ensure successful transition from a DSCYF school program, the MOU also contains the protocol developed by DOE and DSCYF for children transitioning to/from such programs, such as the New Castle County Detention Center or Ferris School, to LEAs or Charter Schools. It is important to note, when children are placed in non secure detention, such as programs contracted by DYRS, with one DSCYF state employed teacher on staff, having the child remain in the school of origin under these circumstances is optimal. The role of the DSCYF teacher is to make sure that communication occurs with the sending district to keep the youth’s education as seamless and intact as possible. In addition, DSCYF and the school of origin are jointly responsible for providing transportation to/from school. 60

TRANSITION TO/FROM DSCYF TO LEAS AND CHARTER SCHOOLS
The protocol establishes the following: Specific timeframes for meetings Purposes of each meeting Necessary participants Actions to be taken Information to be shared “Protocol for Transition to/from DSCYF Programs to LEA or Charter Schools” The Protocol establishes four timeframes when transition meetings should occur. DSCYF will set up the meetings for State run programs. For contracted programs, the Coordinator for DPBHS or the caseworker for the DYRS will schedule the meetings. In addition, the chart delineates the purpose of each meeting and identifies who should be present. It further specifies the actions that must be taken by the team members and the information that must be shared. For instance, when a child returns from an out of state DSCYF contracted placement, the Coordinator for DPBHS or DYRS will contact the LEA, will request that school records be sent to the LEA, and will schedule the transition meetings. It is important to note that DSCYF contracted operating guidelines mandate all DE youth placed out of state, attend school, receive grades and credits, and if identified as having special needs, those needs are met by certified staff. DSCYF/DMSS keeps records of all contracted vendors to ensure the school programs are approved by the out of state program’s DOE and that teaching staff are certified. The protocol can be accessed on pages of the MOU. 61 61

TRANSITION TO/FROM DSCYF TO LEAS AND CHARTER SCHOOLS (CONT’)
Four timeframes for Transition Meetings are identified: Before Admission to DSCYF School Programs Consents signed School information shared ASAP, but no later than school days Notify District of Admission Date into program and date of initial meeting Initial Educational Planning Meeting No later than 30 days after admission Submit Completed Educational Intake/Update (EIU) Form and educational records Schedule future Educational Planning Review Meetings First, a meeting should take place Before Admission to a DSCYF School Program. However, it is noted that admission to DSCYF programs frequently occurs under emergency or unexpected circumstances to ensure the child’s safety, evaluate and stabilize the child, or as a result of a Court order to detain or incarcerate. Also, school information should be shared with the DSCYF program as soon as possible, but no later than 3 school days. Next, the Initial Educational Planning Meeting should occur as soon as feasible but no later than 30 days after admission. This meeting should include the child and other necessary parties, such as a parent/legal guardian and attorney guardian ad litem. A discussion about the child’s issues and the development of a team approach with the school district to ensure a successful transition/discharge should occur. The school district or charter school representative will bring educational records and a completed Educational Intake/Update (EIU) form, which can be accessed on page 33 of the MOU. This form describes the goals at intake, observations about specific behaviors in the school environment and academic achievement, the counseling services received, and the future placement recommendations, including an outline of the transition plan. Also, the schedule for future Educational Planning Review Meetings will be determined at this meeting. 62 62

TRANSITION TO/FROM DSCYF TO LEAS AND CHARTER SCHOOLS (CONT’)
- Educational Planning Reviews DSCYF notifies school representative of dates Update EIU for each review Include face to face contacts with school representative Approximate discharge projections conveyed to school personnel Discharge Planning from DSCYF School Programs No less than 2 weeks before discharge Identify services that need to be provided by receiving school as soon as possible Evaluate for special education services, or IEP needs to be changed DSCYF is responsible for notifying the school representative of the Educational Planning Review dates. The protocol recommends that these meetings should include face to face contact with the school representative, and it requires that the progress of these review meetings be documented on the EIU form by the representative. DSCYF staff are also required to notify the schools of the approximate discharge projections at each planning meeting. Lastly, the meeting to discuss Discharge Planning from DSCYF School Programs will occur no less than two weeks before discharge. The protocol outlines the actions that must be taken by the team members and the information that must be shared prior to a child’s discharge to enable a seamless and timely transition. For instance, the representatives of the receiving school will need to work with the treating/rehabilitating program to identify what services need to be provided for the child as soon as possible. Additionally, this would include evaluating whether the child qualifies for special education services, or if changes need to be made to an existing IEP. All agencies involved have more difficulty with summer transitioning. Most school employees are 10 month employees thus planning could be delayed during summer months. LEA is required to provide someone for the summer transition. At the time of the final transition meeting, a discussion will need to occur about the transfer of credits and the appropriate grade placement for the child based on evident demonstration of improvement and the needs of the child at the time of transition. For more information about the protocol, please refer to the MOU. 63 63

WHAT HAPPENS IF REPRESENTATIVES FROM THE TWO DEPARTMENTS CANNOT AGREE?
All attempts should be made to resolve disputes at the LEA/Charter School level with the District Liaison and appropriate DSCYF liaison. When disputes cannot be resolved, they shall be referred, in writing, to the Secretary of Education who may appoint a designee and the appropriate DSCYF Administrator as follows: DPBHS – Director of Clinical Services DFS – Administrator of the Office of Children’s Services DYRS – DMSS Supervisor of Educational Services The MOU also provides guidance for dispute resolution if representatives from DOE and DSCYF cannot agree. District Liaisons and DSCYF Liaisons are posted on the DSCYF and DOE websites. Disputes that arise should be handled at the LEA/Charter School level first. If a dispute cannot be resolved at this level, it should be referred in writing to the Secretary of Education for further consideration. 64

CHILD WELFARE TRAININGS AND RESOURCES
Guidelines for Responding to Teen Dating and Sexual Violence in Delaware Schools To obtain a copy of the guidelines: courts.delaware.gov/childadvocate/cpac_teenreporting.stm For more information, please contact the Domestic Violence Coordinating Council (DVCC) at Darkness to Light’s Stewards of Children For more information: Onsite Training: Please contact Nikki Mowbray by at or call YMCA ext. 25. Online Training: Available at darkness2light.org. School-Based Personal Safety Programs for Children For more information: Onsite Training: Please contact Prevent Child Abuse Delaware at The following resources are also available for educators at the links provided. Guidelines for Responding to Teen Dating and Sexual Violence in Delaware Schools were developed in partnership with Delaware schools to serve as a blueprint for creating a comprehensive and effective response to teen dating and sexual violence, child abuse and neglect, teen pregnancy, and youth-produced sexual images. A copy of the guidelines can be found at the hyperlink provided. For more information, please contact the Domestic Violence Coordinating Council (DVCC) at Stewards of Children is a prevention training program that educates adults on how to prevent, recognize and react responsibly to child sexual abuse. The 3 hour workshop is available through an authorized facilitator or it may be completed online. More information can be found at the hyperlink provided. For onsite training, please contact Nikki Mowbray by at or call YMCA ext. 25. Online training is also available at darkness2light.org. Prevent Child Abuse Delaware (PCAD) offers a prevention training program to educate children in schools throughout Delaware on personal safety and child abuse and neglect if age appropriate. The multi-session programs are conducted in the classroom and range from 30 to 50 minutes per session. More information can be found at the hyperlink provided. Onsite Training is also available by contacting PCAD at 65

Finally, please go to Iseethesigns. org
Finally, please go to Iseethesigns.org. The website provides additional resources for identifying and reporting child abuse. In addition, its part of a comprehensive media outreach campaign which was created to alert the general public to the magnitude of the problem of child abuse, the duty to report child abuse, and who the real dangers are to children. The campaign’s message, “See the Signs, Make the Call,” serves as a call to action and a reminder that ensuring the safety of our children is everyone’s responsibility. Thank you for taking the time to participate in this training that will increase awareness of reporting child abuse and neglect. 66

Questions? When? Who? Where ? What ? Why? How? 67 67
Presenters – Do not discuss specific Division of Family Services cases in front of the entire audience. If an attendee wants to discuss a specific case, ask them to contact Kriston Lowry-Sims at Kriston handles constituent relations for the Division. 67 67

How to Identify and Report Child Abuse and Neglect in Delaware

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How to Identify and Report Child Abuse and Neglect in Delaware

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