POMS and Associates CHILD ABUSE REPORTING. POMS and Associates The Law NMSA 32A-4-3. Any person…acting in an official capacity who knows or has a reasonable.

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Presentation transcript:

POMS and Associates CHILD ABUSE REPORTING

POMS and Associates The Law NMSA 32A-4-3. Any person…acting in an official capacity who knows or has a reasonable suspicion that a child is an abused or neglected child shall report the matter immediately to:  A local law enforcement agency;  The CYF department office in the county where the child resides; or  Tribal law enforcement or social services agencies for any Indian child residing in Indian country.

POMS and Associates CHILDREN’S CODE Article 4- Child Abuse and Neglect 32a-4-2 B. “abused child” means a child: 1) who has suffered physical abuse or psychological abuse inflicted by the child’s parent, guardian, or custodian ; 2) who has suffered sexual abuse or sexual exploitation inflicted by the child’s parent, guardian, or custodian;

POMS and Associates CHILDREN’S CODE continued… An abused child is: 3) whose parent, guardian, or custodian has knowingly, intentionally, or negligently placed the child in a situation that may endanger the child’s life or health; or 4) whose parent, guardian, or custodian has knowingly or intentionally tortured, cruelly confined or cruelly punished the child.

POMS and Associates E. “sexual abuse” includes, but is not limited to, criminal sexual penetration, as those acts are defined by state law; and

POMS and Associates F. “sexual exploitation” includes, but is not limited to: 1. Allowing, permitting or encouraging a child to engage in prostitution; 2. Allowing, permitting, encouraging or engaging a child in obscene or pornographic commercial purposes; as those acts are defined by state law.

POMS and Associates CHILD MOLESTORS  Pedophile: Compulsive sexual interest in children who have not reached puberty.  Hebephile: Compulsive sexual interest in adolescents  Sexually Stupid: Actions viewed as romantic

POMS and Associates Statistics  1 of 5 girls and 1 of 5 boys  Enough to fill 1000 sold-out Super Bowls.  Molester who targets boys will molest 100 boys before they are caught – (FBI statistics)  1 in 20 men have molested a child- USDOJ  1 out of 10 victims reports molestation

POMS and Associates Who Are These People??  90% of sex offenders are known to the child.  White-collar males- 90%  Ages  Married with Children  Popular with Children and Parents  Occupations or specialties with frequent one-on-one contact with children.

POMS and Associates Who Are They At School??  Voted Favorite Teacher or is popular with students and teachers.  Received Outstanding Teacher Awards.  Coaches, Drama, Art, Music, and Physical Education teachers

POMS and Associates Recognize Unusual Behavior!  Spends unusual time with student(s).  Seems to be overly sensitive to student needs and issues.  Gives unusual (inappropriate) gifts.  Unusual Attention paid to student(s).

When reporting, provide the following information:  Name and age and gender of the child  Address and phone number of child’s home  Parent’s place of employment  Description of suspected abuse  Current condition of child

POMS and Associates NM Children’s Code Incident Report to Law Enforcement or NM Children, Youth & Families Initial agency informs other agency Immediately W/in 48 hours immediately Preponderance of Evidence Beyond a Reasonable Doubt

POMS and Associates NM Children’s Code continued… Agencies Conduct Investigation Determination of Suspected Abuse Criminal Proceeding No Abuse Proceedings End Abuse Suspected Preponderance of Evidence Beyond a Reasonable Doubt

POMS and Associates TOUCHING  Pinching  Laying Hands on  Hugging  Tickling  Kissing  Sitting on Lap

POMS and Associates Child Abuse & Neglect Test True or False 1. Abused or neglected children may become abusive and neglectful parents. 2. Spanking and other types of physical abuse are wrong and considered to be child abuse. 3. The difference between abuse and neglect is that abuse represents an action against a child while neglect represents a lack of action for the child. 4. Abuse may be directed towards only one child in the family.

POMS and Associates Child Abuse and Neglect Test continued… 5. Neglect is most apt to involve children from infancy to six years of age. 6. Most abusive and neglectful parents suffer from mental illness. 7. Bruises on the elbows, knees, skin or forehead are likely to be accidental in a preschooler. 8. Abused children will usually discuss the abuse in an effort to stop it.

POMS and Associates Child Abuse and Neglect Test continued… 9. Early reporting is encouraged so that the child may be removed from the home of the abusive parent. 10. You must have evidence of abuse or neglect before you report it. 11. If you report abuse or neglect and your suspicions are unfounded, you are liable for civil or criminal suit. 12. An anonymous report of abuse and neglect will not be investigated.

POMS and Associates Child Abuse and Neglect Test continued… 13. The identity of the person who reports child abuse or neglect is protected under state law. 14. Children will frequently fantasize that they have been sexually abused to “get even” with an adult. 15. Abused and neglected children almost always are from low-income families. 16. Sexual abuse usually occurs between a child and a stranger.

POMS and Associates Child Abuse and Neglect Test continued 17. A child may be abused without anyone ever being able to know. 18. A child never will enjoy sexual touch. 19. By teaching a child about sexual assault, you may frighten the child or cause the child to be sexually active. 20. A child under 12 years of age should never be left at home alone.

A SIMPLE RULE  Any sexual contact with a student, of any age, is strictly prohibited.