California Mandated Reporter Training SETA HEAD START 2016

CA passed first reporting law- stated that Physicians must report physical abuse of children all states had child abuse reporting laws providing definitions, procedures, a list of mandated reporters and liability for failure to report. CANRA WAS PASSED IN 1974 IN CALIFORNIA Has been amended throughout the years List of Mandated Reporters keeps expanding Child Abuse and Neglect Reporting Act (CANRA)

Child Welfare Dynamic Report Neglect 62% Physical Abuse 19% Sexual Abuse 9% Emotional Abuse 10% 87,000 Substantiated Victims of Abuse and Neglect

Defining Child Abuse and Neglect Under CANRA any suspicion of the following must be reported in California  Physical Abuse  Sexual Abuse  Emotional Abuse  Neglect When the victim is under the age of 18, and the perpetrator is any age

Child abuse or neglect can occur in any family, regardless of socio-economic status, sexual orientation, religion, education, ethnic background, or any other factor. Important to know that our cultural beliefs or stereotypes can affect our perceptions. CHILD ABUSE CAN CROSS ALL BARRIERS

Physical Abuse “Unlawful Corporal Punishment or Injury” Willful harming or injuring of a child resulting in injury or traumatic condition The injury may be the result of a single episode or of repeated episodes and can range in severity from minor bruising to death.

Physical Abuse Indicators Patterns that reflect belts or objects Bruises in various stages of healing Any concerning injury or delay in seeking treatment with no explanation or improbable explanation Bruises, bites, burns, fractures Location of bruises- padded areas, back of legs, from neck to above knees Bony areas – knees, shins, forehead (where kids fall) not as concerning

Slap Mark

Ear Bruise

Marks from Objects

Grab Marks

Loop Mark from Cord

Parent/CT concerns for Physical and/or Emotional Abuse Harsh and Rigid about Child Rearing Humiliates, berates, belittles or is indifferent Unrealistic Expectations (toilet training at 6 months) Acknowledges using objects (Belts, whips etc.) Singles Child Out or Overtly Rejects

Child Behaviors concerning for Physical and/or Emotional Abuse Hostile, aggressive, or verbally abusive toward others Destructive or Self Destructive Frightened of going home or of parent/caretaker Attempts to hide injuries

Child Behaviors concerning for Physical and/or Emotional Abuse Fearful or withdrawn Clingy, non- discriminate attachment Frequent Absences from school Behavioral Problems: Socially Withdrawn, Aggression, Anxiety

Defined by CANRA as willful cruelty or unjustified punishment Includes:  Inflicting or permitting physical pain or mental suffering  Or permitting the endangerment of the child’s person or health Emotional Abuse

Most Difficult Form of Child Abuse to Identify More often seen in combination with other forms of abuse Sometimes takes more than one report to be made for action to be taken by CWS The behaviors of emotionally abused and emotionally disturbed children are often similar

For less severe acts, such as belittling or cruel words, it can be more difficult to determine what constitutes emotional abuse  For the mandated reporter, reporting the concern is the only requirement  It is up to the child protective agency to decide if the act(s) in question are emotional abuse Emotional Abuse

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

Child Sexual Assault Sex acts with children Lewd or lascivious (Indecent acts) Oral sex Sodomy Sexual penetration Incest Intentional fondling of genitals for sexual arousal or gratification Masturbating in the presence of a child Forcible rape Statutory Rape

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

Child Behaviors concerning for Sexual Abuse Demonstrating sexual acts on other children or toys Inappropriate sexual knowledge for age Molesting other children

Child Behaviors concerning for Sexual Abuse Emotional and behavioral problems- Sexual reactivity, withdrawal, crying, sleep problems Sexually transmitted disease or infections

 Negligent treatment or maltreatment of a child by a person responsible for child’s welfare.  Includes- Acts and Omissions  The neglect may cause harm to the child or just threaten to harm the child’s health or welfare. It is very important to be aware of economic factors and cultural norms. Neglect

General Neglect (No Physical Injury) Failure of a caregiver to provide food, clothing, shelter, medical care, or supervision, where no physical injury to the child has occurred Can include “dirty home” i.e. garbage, animal excrement, lack of plumbing/heating, fire hazard

Severe Neglect The intentional failure of a caregiver to provide adequate food, clothing, shelter, or medical care Caregiver willfully causes or permits the child’s health to be endangered Failure to seek medical treatment resulting in permanent damage or death

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

ENTER IN YOUR OWN LOCAL RESOURCES Local Resources

ENTER IN YOUR OWN LOCAL RESOURCES Local Resources

ENTER IN YOUR OWN LOCAL RESOURCES Local Resources

Parent/CT Behaviors concerning for Neglect Unemployment Poverty Lack of Social Support History of Abuse as a Child Depression

Parent/Caretaker (CT) Behavioral Concerns (General) Substance Abuse Depression, Anger issues or Mental Illness History of Childhood Abuse or Exposure to Domestic Violence Lack of Social Support

Child Behaviors concerning for Neglect Dirty Clothes/Poor Hygiene Poor Nutrition/Failure to Thrive Severe Dental Cavities Sleepy, Hungry, Unkempt Behavioral Problems: Socially Withdrawn, Aggression, Anxiety

Who are Mandated Reporters? Complete list includes 40+ categories, (refer to penal code ) Mental Health Interns included Does not include volunteers Can report, but not mandated CASA Advocates are the exception

Typically, people with regular contact with children  Teachers (public or private schools) ‏  Teachers’ aides/assistants  Any employee of a public or private school  Employees of youth centers  Employees of day care centers  Foster parent  Coaches Who Are Mandated Reporters?

Health care personnel  Doctors, dentists, nurses and all medical personnel  Therapists, psychologists, social workers, mental health workers Public protection positions  Law enforcement  Probation  Firefighters  Child welfare Who Are Mandated Reporters?

When Should a Report be Filed? When one "has knowledge of or observes a child in his or her professional capacity, or within the scope of his or her employment whom he or she knows or reasonably suspects has been the victim of child abuse or neglect..." (P.C a) If you suspect, REPORT!!!!  Proof of abuse is not required; that will be determined through investigation by the child welfare professionals or law enforcement

Bill AB 2380 Passed in 2011 in an effort to clarify the term “Reasonable Suspicion”  Any reasonable suspicion is sufficient  Does not require certainty that child abuse or neglect has occurred  May be based on any credible information, including statements from other individuals  The goal of this bill was to prevent delays in reporting, which can hinder investigations by authorities

Who Files the Report? Responsibility rests solely with the Mandated Reporter Reporting to an employer, supervisor, school principal, school counselor, coworker, or other person is NOT adequate When two or more mandated reporters jointly have knowledge of suspected child abuse or neglect, a single report may be made  Any member of the reporting team who has knowledge that the designated person has failed to report must do so.

When Should a Report be Filed? Immediately (or as soon as practically possible) by phone to your local CWS Hotline A written report must be forwarded within 36 hours  Must be submitted on Department of Justice form, which can be requested from your local child protective agencies or downloaded online  May be faxed or submitted electronically, depending on what is available in your county

How is a Report Made? Then in writing  Within 36 hours a written report must be sent to the child protective or law enforcement agency to which the telephone report was made  Must be filed on Department of Justice Form 8572 known as the Suspected Child Abuse Report (SCAR)  This form is available through county welfare departments and local law enforcement agencies  Forms and instructions also available online at

 CONFIDENTIALITY The reporter's identity is kept confidential and may only be disclosed in specific situations  IMMUNITY Mandated reporters have immunity from criminal or civil liability for reporting as required (in the capacity of their job)  Unless the report is proven to be false and the person reporting knows it is false  Or the report is made with reckless disregard of the truth  Does not prevent lawsuits Safeguards for Mandated Reporters

Failure to Report Misdemeanor, punishable by: Up to six months in jail Up to a $1,000 fine May also be subject to a civil lawsuit, and found liable for damages, especially if the child-victim or another child is further victimized because of the failure to report No supervisor or administrator may impede or inhibit a report or subject the reporting person to any sanction To do so is punishable by imprisonment, a fine, or both

What Happens After a Report is Made? The primary purpose of the report is to make child protective agencies aware of possible abuse Reports are investigated either by the local law enforcement agency and/or by the county child welfare (child protective services) agency During an investigation, all participants shall consider the needs of the child to prevent psychological harm.

What Happens Next? The report is deemed either:  Unfounded - the report is determined to be false, inherently improbable, involves an accidental injury, or does not constitute child abuse  Substantiated - the report is determined to constitute child abuse or neglect  Inconclusive - the report is determined not to be unfounded, but the findings are inconclusive and there is insufficient evidence to determine whether child abuse or neglect has occurred.

Key Points Primary intent of the reporting laws is to protect the child Protecting the identified child may also provide the opportunity to protect other children in the home It is equally important to provide assistance or resources to the parents The report of abuse may be a catalyst for change in the home environment, which may help to lower the risk of abuse in the home

Key Points Call CWS if you need help determining “reasonable suspicion” As a mandated reporter you play a CRUCIAL role in identifying and reporting concerns of abuse or neglect of children that may otherwise go unseen If you aren’t certain REPORT If the story seems confusing or implausible REPORT Never investigate- REPORT

QUESTIONS