Child Abuse Reporting for Mandated Reporters :Copyright 2009-2010 MandatedComplianceServices.com, LLC Child Abuse Reporting for Mandated Reporters By: Greg Branch, Esq Founder: MandatedComplianceServices.com, LLC


What is Child Abuse? :Copyright 2009-2010 MandatedComplianceServices.com, LLC What is Child Abuse? The legal definition of child abuse is defined as: Any physical injury which is inflicted by other than accidental means on a child by another person Sexual abuse, including both sexual assault and exploitation Willful cruelty or unjustifiable punishment of a child Cruel or inhuman corporal punishment or injury (corporal punishment is legal in California, however if an object is used, i.e. belt, and it leaves a mark, THAT is considered child abuse under the law and is reportable) Neglect, including both severe and general neglect Abuse (all of the above) in out-of-home care


Indicators of Child Abuse :Copyright 2009-2010 MandatedComplianceServices.com, LLC Indicators of Child Abuse Physical Abuse Physical abuse may be defined as any act which results in non-accidental physical injury. Indicators of Physical Abuse: Bruises, burns, abrasions, lacerations, or swelling caused by other than accidental means Belt buckle marks, hand-prints, bite marks and pinches Child states injury was caused by abuse Injury unusual for a specific age group History of previous or recurrent injuries Unexplained injuries; conflicting explanations or reasons for injury Child excessively passive, compliant or fearful Caretaker attempts to hide injuries


Slide 4:Copyright 2009-2010 MandatedComplianceServices.com, LLC Indicators of Child Abuse continued Neglect Neglect is essentially the negligent treatment or maltreatment of a child by a parent or caretaker under circumstances indicating harm or threatened harm to the child’s health or welfare. Indicators of Neglect: Child lacking adequate medical or dental care Child is always sleepy or hungry Child is always dirty or inadequately dressed for weather conditions There is evidence of poor supervision-i.e. child is left alone for long periods of time, or overnight Conditions in the home are extremely ore persistently unsafe or unsanitary There is known behavior for the caretaker to withhold necessary medical treatment that could be life threatening without it– i.e. withholding insulin from a diabetic because they can’t afford the treatment, and it is NOT cultural


Slide 5:Copyright 2009-2010 MandatedComplianceServices.com, LLC Indicators of Child Abuse continued Sexual Abuse Sexual abuse is defined as acts of sexual assault on and the sexual exploitation of minors. Indicators of sexual abuse: Child reports sexual activities to a trusted person Detailed and age-inappropriate understanding of sexual behavior (especially by younger children) Child wears torn, stained or bloody underclothing Child is victim of other forms of abuse Regressive behaviors--- i.e. bed-wetting after the child has been potty trained for some years Fearful behavior


Slide 6:Copyright 2009-2010 MandatedComplianceServices.com, LLC Domestic Violence in the Home Any report of or witness to fighting at home between caretakers - constant or ongoing yelling, screaming, throwing of objects; child is present - that is an automatic child abuse report - it needs to be called in immediately and CPS WILL TAKE THE REPORT.


Slide 7:Copyright 2009-2010 MandatedComplianceServices.com, LLC Who is a Mandated Reporter? A mandated reporter is anyone who works on a school campus or is an employee of any public or private school district. They include: custodians, bus drivers, instructional aides, teachers, counselors, psychologists, speech teachers, administrators, supervisors, cafeteria workers etc..


Slide 8:Copyright 2009-2010 MandatedComplianceServices.com, LLC How Do I Know When to File a Report? A mandated reporter must call child protective services when there is any knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. A “reasonable suspicion” occurs when “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.” In other words - if you suspect that any abuse has occurred, make a report.


Slide 9:Copyright 2009-2010 MandatedComplianceServices.com, LLC To Whom Do I Make the Report? As a California school district employee, your first call is to Child Protective Services--- CPS. (714) 940-1000 They will take one of 4 actions. 1) They will take the report. 2) They will take an “informational only” report. 3) They will not take a report at all. 4) They will advise you to call a different agency, i.e. the police department.


Slide 10:Copyright 2009-2010 MandatedComplianceServices.com, LLC What Happens Once I Call CPS and Action is Taken? 1) If CPS takes the report, you will need to complete the “Suspected Child Abuse Report Form” and fax it to the CPS agency. You then need to put the report into a confidential locked file. The report does not go anywhere near or in the child’s cum folder. 2) If the agency tells you that they do not have enough information to take the report, but they tell you they will take it as an “informational only” report, you will need to obtain the name of the person you spoke with and write it down on your form and keep it locked in a confidential file. No written report is necessary.


Slide 11:Copyright 2009-2010 MandatedComplianceServices.com, LLC What Happens Once I Call CPS and Action is Taken? continued 3) If they tell you they do not have enough information for a report, you need to obtain the name of the person that gave you that information and again, write this information down and the reasons you were given as to why the report was not taken and this information goes into a confidential file. 4) If the agency advises you further to call a different agency (i.e. the police department) you will need to obtain the name of the person you spoke with and document the instructions given to you by the police.


Slide 12:Copyright 2009-2010 MandatedComplianceServices.com, LLC How Long Do I have to File a Report Once I Suspect Child Abuse? After obtaining information where it would be necessary to file a report or after directly observing abuse, you must make a report immediately, or as soon as practically possible by telephone and a written report must be sent to the agency within 36 hours of the report being taken. Your faxed report is sufficient.


Slide 13:Copyright 2009-2010 MandatedComplianceServices.com, LLC What if I File a Report and the Information Turns Out to Be Untrue? As a mandated reporter, if you file a report that turns out to be unfounded or untrue, you are guaranteed immunity from criminal or civil liability for any report required under the Child Abuse Reporting Law. (PC 11172a) Also, any person who makes a report of child abuse even though he or she is not a mandated reporter, has immunity unless the report is proven to be false and it is proven that the person either knew the report was false or made it with reckless disregards of its truth or falsity i.e. custody situation.


Slide 14:Copyright 2009-2010 MandatedComplianceServices.com, LLC What if I have information that should be reported, and decide not to report it? A mandated reporter who fails to make a required report of child abuse is guilty of a misdemeanor punishable by up to 6 months in jail and/or by a $1000 fine. (PC 11166b) He or she may also be found civilly liable for damages, especially if the child/victim or another child is further victimized because of the failure to report. It is our job to protect the children– sometimes we are their only life line! It is not a choice, it is the law!!


Slide 15:Copyright 2009-2010 MandatedComplianceServices.com, LLC What if I File a Report; Will Anyone Find Out that it Was Filed by Me? It is against the law for ANYONE to disclose that a child abuse report has been filed. CPS CANNOT disclose who made the call or who filed the report. Any person MAY NOT tell a parent that a staff member for example, filed a child abuse report on their child. IF they do, they are breaking the law and can be held liable! If someone discloses that a child abuse report was in fact filed, they can be held criminally and civilly liable for breach of confidentiality and for not protecting the confidential process of child abuse reporting. The process is designed so that absolutely anyone can file a confidential report and have their identity protected, provided the report is with good intentions. The mandated reporter’s identity is confidential and may only be disclosed to specified persons and agencies (PC 11167d)


Slide 16:Copyright 2009-2010 MandatedComplianceServices.com, LLC Additional Safeguards for Mandated Reporters No supervisor or administrator may impede or inhibit a mandated reporter’s reporting duties or subject the reporting person to any sanction for making a report. (PC 11166g) Any supervisor or administrator who violates the above code section is guilty of an infraction punishable by a fine not to exceed $5000. (PC 11166.01)


Slide 17:Copyright 2009-2010 MandatedComplianceServices.com, LLC What if I Don’t Know How to File a Report, Have Never Filed One Before or Am Nervous About the Process? Don’t be nervous! Your school counselor is here to help! Your school counselor can assist you in the reporting process but is unable to make the report for you. The person that originally received the information is responsible for making the report. If the school counselor files the report for you, this does not absolve your mandated reporting responsibilities. If more than one person receives first hand information regarding suspected child abuse, each and every individual is responsible for filing a separate report EVEN IF A REPORT WAS ALREADY FILED.


Slide 18:Copyright 2009-2010 MandatedComplianceServices.com, LLC What Happens After a Report is Filed? An investigation will ensue. After the investigation is complete, or the matter reaches resolution, you will be informed as to the status/outcome of the investigation, usually in the form of a letter. Please put this letter in your confidential file. You are not required to do anything further. Remember: It is up to us – and again, it is not a choice to report suspected child abuse – it is the law!!


Slide 19:Copyright 2009-2010 MandatedComplianceServices.com, LLC Resources The California Child Abuse and Neglect Reporting law, condensed version 2004 Mandated Reporters of Child Abuse Pamphlet


Questions? :Copyright 2009-2010 MandatedComplianceServices.com, LLC Questions? Child Abuse Reporting for Mandated Reporters By: Greg Branch, Esq Founder: MandatedComplianceServices.com, LLC


Thank You for Your Time! :Copyright 2009-2010 MandatedComplianceServices.com, LLC Thank You for Your Time! Child Abuse Reporting for Mandated Reporters By: Greg Branch, Esq Founder: MandatedComplianceServices.com, LLC


Contact Information :Copyright 2009-2010 MandatedComplianceServices.com, LLC Contact Information By: Greg Branch, Esq Founder: MandatedComplianceSolutions.com, LLC 714.856.1166 gbranch@wsd.k12.ca.us