Community Recreation Services Suspected Child Abuse & Dependent Adult/Elder Training Welcome Sign-In sheets Materials for training
Suspected Child Abuse Training: Introduction Justification for training: Federal Guidelines: The Child Abuse prevention and Treatment Act (CAPTA) passed in 1974 provides foundation for all States by identifying a minimum set of acts or behaviors that characterize physical abuse, neglect and sexual abuse. California Penal Code Sec [a]. Defining Child Abuse A child is a person under 18 years of age. Abuse stems from actions of omission or commission that endanger a child’s physical or emotional health and development
Suspected Child Abuse Training: Introduction Categories of Child Abuse Physical Abuse Physical Neglect Sexual Abuse and Exploitation Emotional Abuse
Duty to Report Legal duty – “Child care custodians” must report suspected child abuse when suspicion arises within their scope of employment. Supervisors, Recreation Assistants, Recreation Specialists, and all support staff having direct contact with children are deemed child care custodians. By City Policy – All Department employees are designated mandated reporters. Mandated reporters must make a verbal report of “reasonable suspicion” to a Child Protective Agency as soon as possible
Reasonable Suspicion “Reasonable suspicion” occurs when “it is objectively reasonable for a person to entertain such a suspicion, when based upon the 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.” (California Penal code 11166[a])
The Basis for “Reasonable Suspicions” Suspicions are fact-driven in the form of “indicators.” There are two varieties of indicators: Suspicions are fact-driven in the form of “indicators.” There are two varieties of indicators: Physical Indicators Behavioral Indicators
The Basis for “Reasonable Suspicions” Physical Indicators include : Unexplained bruises or welts: - Dispersed throughout different areas of the body - In the silhouette of common household items such as belt buckles, hair brushes, kitchen utensils, etc. - In various stages of healing - That regularly appear after weekends, vacations or holidays Unexplained burns caused by cigars, cigarettes, stove burners, or irons Unexplained fractures in various stages of healing Unexplained lacerations or abrasions to the face
The Basis for “Reasonable Suspicions” Behavioral Indicators Include: Children: Wary of contact with adults Apprehensive when other children cry Manifesting behavioral extremes Fearful of parents Reluctant to go home Reluctant to discuss their injuries Parents who coach injured children or preemptively narrate injury reports
Application of Reasonable Suspicions Standard An inventory of the objective indicators forms the basis of reasonable suspicion. The objective is not to prove guilt or innocence but to determine if the facts would be sufficient to raise the same suspicion in a person of equal training and experience.
Reporting Procedures 1 Determine if the facts support child abuse suspicions Obtain as much information from the victim as possible Compile a dossier of indicators and keep good notes 2. When reasonable suspicion supports child abuse Contact your superior and report the findings 3. In cases where the facts are deemed insufficient, justify the decision with specific documentation Contact your superior and report the findings
Reporting Procedures 4. If the facts support reasonable suspicions: Make an initial verbal report to a child protection agency. File a Suspected Child Abuse Report (SCAR), SS8572 within 24 hours of the verbal report (within 36 hours by law). Report back to your superior. Your superior will report the incident up the chain of command on a need-to-know basis. Keep the suspected victim on site for as long as possible.
Reporting Procedures 5. Submit an Incident/Accident Report by no later than next business day with a copy of the SCAR. Note: SCAR distribution is on the bottom of form. 6. In cases when the child is perceived to be in immediate danger, call 9-1-1: Contact your superior Follow-up with a verbal report to a child protective agency File the SCAR Submit an Incident/Accident report with a SCAR copy to office by no later than next business day
Immunity and Failure to Report Mandated reporters are immune from civil or criminal liability for any report required or authorized by the code, unless the report is made in reckless disregard for the truth or falsity of the report and the person who reported knew of the reckless disregard (PC Sec.,11172). Failure to make a mandated report and failure to maintain reporting confidentiality of the identity of a reporter are both misdemeanors and are punishable by jail and/or by a fine (PC Sec11166[b][2]).
Contact Information California Child Protective Service Agency in Los Angeles Co: Long Beach P.D. – Juvenile Division:
Suspected Dependent Adult/Elder Abuse Training Forms Needed: Suspected Dependent Adult/Elder Abuse (SOC 341) Accident/Incident Report Justification for training: The Welfare and Institutions Code (WIC) Section and 15658(a)(1) applies to known or suspected cases of abuse.
Suspected Dependent Adult/Elder Abuse Training Defining Terms: “Mandated Reporters”: Any person who has assumed full or intermittent responsibility for care or custody of an elder or dependent adult, whether or not that person receives compensation, including administrators, supervisors, and any licensed staff of a public or private facility that provides care or services. “Elder” means any person residing in this state who is 65 years of age or older.
Suspected Dependent Adult/Elder Abuse Training Defining Terms “Dependent Adult” is any person residing in this state, between ages 18 and 64 who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age.
Suspected Dependent Adult/Elder Abuse Training Types of Abuse: Perpetuated by Others: Physical Neglect Sexual Abuse Financial abuse and Exploitation Psychological & Emotional Abuse Self-Inflicted: Physical/Medical Care Malnutrition/Dehydration Health and Safety Risk
Suspected Dependent Adult/Elder Abuse Training Reporting Responsibilities 1 Determine if the facts support suspicions Compile a dossier of indicators and keep good notes Obtain as much information on the victim as possible 2. When reasonable suspicion supports abuse Contact your superior and report the findings 3. In cases where the facts are deemed insufficient, justify the decision with specific documentation Contact your superior and report the findings
Suspected Dependent Adult/Elder Abuse Training 4. If the facts support reasonable suspicions: Make an initial verbal report to local law enforcement. File a Report of Suspected Dependent Adult/Elder Abuse form within 24 hours of the verbal report (48 hours by law). Report back to your superior. Your superior will report the incident up the chain of command. Keep the victim on site for as long as possible.
Suspected Dependent Adult/Elder Abuse Training 5. In cases when the victim is perceived to be in immediate danger, call Contact your superior File a Report of Suspected Dependent Adult/Elder Abuse Submit an Incident/Accident report with a RSDAEA copy to office by no later than next business day
Suspected Dependent Adult/Elder Abuse Training Failure to report is a misdemeanor, punishable by not more than six months in the county jail, and/or by a fine of up to $1,000. Failure to report that resulting in injury or death of a victim may be punishable for up to a year in the county jail, and/or up to $5,000.