Mandatory Reporting of Child Abuse and Neglect Florida Department of Children and Families Mandatory Reporting of Child Abuse and Neglect

Florida Abuse Hotline DCF MISSION: Protect the vulnerable, promote strong and economically self-sufficient families and advance personal and family recovery and resiliency. HOTLINE MISSION: Help protect children and vulnerable adults from abuse, neglect, abandonment and exploitation. To achieve the hotline’s purpose we must successfully execute four essential tasks: Ensure the public can access the Hotline and receive a positive experience. Determine if calls meet statutory definition of abuse, neglect, abandonment and exploitation. Provide accurate, complete and timely reports to the field. Deliver extraordinary customer service to the citizens of Florida and the field.

Where is the Florida Abuse Hotline located? The Florida Abuse Hotline is a centralized, call center located in the city of Tallahassee. 1317 Winewood Blvd Buildings 5/6 Tallahassee, FL 32399 Website: http://www.floridaabusehotline.com Winewood Pond

Hotline Operations Availability 24 / 7 / 365 Staffing Over 200 employees Peak call volume = 10am to 3pm Important Stats Approximately 433,000 total contacts per year 71.4% of calls answered resulted in a report 81.4% of reports accepted involved children 49.16% of calls received were from professionally mandated reporters Staffing: Abuse Hotline Counselors are required to have a minimum of a Bachelors Degree, and several also have a Master’s degree. Abuse Hotline Counselors attend 2 weeks of pre-service training and must pass a Hotline certification exam. Crime Intelligence Staff do not require a degree, attend 2 weeks of pre-service training and must pass the FDLE certification exam. Average 31,267 answered contacts per month September and March were the highest call volume months in 2008-2009 About 66 % of the answered contacts become reports 81% of the reports are child-related (202,596) 19% of the reports are adult-related (46,851) **Based on FY 08-09 Stats.

Services provided by the Florida Abuse Hotline Assess calls for Child abuse, neglect and abandonment Assess calls for Adult abuse, neglect and exploitation Provide information and community referrals Partner with DCF investigative staff, law enforcement, and others by providing accurate, timely, and comprehensive documentation.

Who must report abuse? Any person who has knowledge of or suspects abuse, neglect, or exploitation of a child or vulnerable adult is required to report. Professionally mandated reporters include, but not limited to: Medical Staff Mental health professionals Clergy Law Enforcement School Personnel Post Secondary Institutions Facility Staff Judge/Court Personnel Every Person has a responsibility to report suspected abuse or neglect, but some occupations are sanctioned by Florida law as required to do so. These are considered “professionally mandated reporters” They are required by Florida Statue to provide his or her name to the Abuse Hotline Counselor when reporting and is entered into the record of report, but is held confidential.

Confidentiality All reports are confidential. Access to these reports are limited by specific criteria in Chapters 39 and 415 of the Florida Statutes (F.S.). Hotline Counselors will not acknowledge the existence of any report, will not acknowledge that they have previously spoken to a particular caller, nor will they release any information provided by a caller or any information contained in a report. Any person with a statutory right to a report copy must contact the local investigative office.

Penalties related to reporting child abuse A person who is required to report and knowingly and willfully fails to do so or prevents another person from doing so, is guilty of a misdemeanor of first degree. (Oct.1, 2012 = felony of third degree) A person who knowingly and willfully makes a false report of child abuse or advises another to make a false report, is guilty of a felony of the third degree.(Oct.1, 2012 = felony of second degree)

Penalties related to reporting child abuse Any Florida College System institution, state university, or nonpublic college, university, or school, as defined in s.1000.21 or s.1005.02, whose administrators knowingly and willfully, upon receiving information from faculty, staff, or other institution employees, fail to report known or suspected child abuse, abandonment, or neglect committed on the property of the university, college, or school, or during an event or function sponsored by the university, college, or school, or who knowingly and willfully prevent another person from doing so, shall be subject to fines of $1 million for each such failure.

Non-reports of child abuse A professional who is hired by or enters into a contract with the department for the purpose of treating or counseling any person, as a result of a report of child abuse is not required to again report to the Hotline An officer or employee of the judicial branch is not required to again provide notice of child abuse when the child is currently being investigated by the department, there is an existing dependency case or the matter was previously reported to the department

Immunity and abrogation in cases involving child abuse Immunity: Any person, official, or institution reporting in good faith any instance of child abuse shall be immune from any civil or criminal liability. Abrogation: Privileged communication between husband and wife, any professional person and patient/client and any other privileged communication except that between attorney and client or clergy and “confidential” person, shall not apply to any communication involving the perpetrator in any situation of child abuse and shall not constitute grounds for failure to report as required regardless of the source of the information, failure to cooperate with law enforcement or give evidence in any judicial proceedings.

What is needed for a report to be accepted? Jurisdiction is defined in Chapters 39 and 415 of the Florida Statutes. Victim Alleged Perpetrator Means to locate in Florida Significant level of harm

Is the victim a child? Child must be: Born Under the age of 18 Has not been emancipated by order of the court Unmarried

Is the perpetrator a caregiver? The alleged perpetrator of child abuse, neglect, or abandonment must be: Parent Legal custodian Adult household member Or other person responsible for the child’s welfare "Caregiver" means the parent, legal custodian, adult household member, or other person responsible for a child's welfare as defined in subsection "Other person responsible for a child's welfare" includes: the child's legal guardian or foster parent; an employee of any school, public or private child day care center, residential home, institution, facility, or agency; a law enforcement officer employed in any facility, service, or program for children that is operated or contracted by the Department of Juvenile Justice; or any other person legally responsible for the child's welfare in a residential setting. FS 39.01 (46)

Is the child a Florida resident? The child victim must be: A Florida resident, and can be located in Florida or is temporarily out of the state. Not a resident of Florida, but the incident of harm occurred in Florida and the victim and alleged perpetrator are currently in Florida. Not a resident of Florida, and the incident of harm occurred outside of Florida, or in Florida in the past, and there is cause to believe harm will reoccur or continue while the victim and alleged perpetrator are currently in Florida. If the child is temporarily out of state, then it must be known that the child will be returning to Florida and the return is imminent.

What is abuse? Means any willful act or threatened act that results in any physical, mental, or sexual injury or harm that causes or is likely to cause the child's physical, mental, or emotional health to be significantly impaired. FS 39.01(2)

Possible indicators of abuse Burns Bone Fractures Asphyxiation Physical Injuries Internal Injuries Bizarre Punishment Mental Injuries Sexual Abuse Human Trafficking Death

What is neglect? Occurs when a child is deprived of, or is allowed to be deprived of, necessary food, clothing, shelter, or medical treatment or a child is permitted to live in an environment when such deprivation or environment causes the child's physical, mental, or emotional health to be significantly impaired or to be in danger of being significantly impaired. FS 39.01(44)

Possible indicators of neglect Substance Misuse Inadequate Supervision Abandonment Environmental Hazards Malnutrition/Dehydration Failure to Thrive Medical Neglect Failure to Protect Family Violence Threatened Harm

What is abandonment? "Abandoned" or "abandonment" means a situation in which the parent or legal custodian of a child or, in the absence of a parent or legal custodian, the caregiver, while being able, makes no provision for the child's support and has failed to establish or maintain a substantial and positive relationship with the child.

What are some other types of reports accepted by the Hotline? Foster Care Referral Child-on-Child Sexual Abuse Caregiver Unavailable Parent in Need of Assistance

How to make a report? Telephone 1-800-962-2873 TDD 1-800-453-5145 Fax 1-800-914-0004 Web http://www.dcf.state.fl.us/abuse/report/ The preferred option for the Department of Children and Families is to call 1-800-96 ABUSE, and talk to a hotline counselor. Reporting by fax: The information will be assessed to see if it meets the legal criteria as a report for investigation, therefore it is EXTREMELY important that all information is completed and very thorough. Notification of whether or not an abuse report was accepted will only be provided if you request it. Making a Web Report: You cannot remain anonymous when you make a web report. The following information is needed to make a web report: At least one victim—can be up to 10 victim’s At least one alleged perpetrator (only exception is for an adult self neglect report type) A brief by detailed response to all questions asked. Web reporting should be used to report NON-EMERGENCY situations! The information in the web report will be assessed to see if it meets the legal criteria as a report for investigation. Notification of whether or not an abuse report was accepted will only be provided if you request it. In all cases of abuse, neglect and/or exploitation that involve emergency or critical situations, please call the Hotline.

How is the call processed? Greet and listen to concerns Gather required information Demographics, who, what, when, where, why, severity Determine jurisdiction Victim, Caregiver, Location and Harm Ask probing questions Review prior history to assist with screening decision Inform caller of report acceptance or provide referrals Document complete call information Criminal history checks completed for all investigations All Reports require a valid Means to Locate Address to: Home School Work Precise directions Current and 24 hour location School Board Home/Work/Cell Phone Law Enforcement Florida Tag Priors in FSFN Third Party (with knowledge)

What happens next? The investigator has 24 hours to make a face to face contact with the victim. In serious situations involving imminent danger, the investigator will response as soon as possible. The investigator will also contact the reporter if they leave their name. The investigator will also contact the family and other people who know the victim and family.

What are some possible investigative outcomes? No findings: The family does not need services or the investigator makes a referral to services without oversight. Not substantiated findings: The family may need some services and the investigator makes a referral to the local community based cares agency. Verified findings: The family needs court intervention and the investigator files a petition with the courts. Sheltering a child: The investigator determines the child victim cannot safely remain in the home, removes the child victim from the home and files a petition with the court.

Closing Questions