Mandated Reporter Training: Identifying and Reporting Child Abuse and Maltreatment/Neglect

National Incidence Study The reasons for this are: Confusion or misunderstanding about reporting laws and procedures Lack of knowledge or awareness of warning signs/clues Found professionals reported only half the incidents about which they knew.

University of Rochester Study Not clear about abuse/neglect as defined in State Law Often influenced by their professional beliefs, values, and experiences Mandated Reporters disclosed they were:

Child Protective Services Act of 1973 Mandated Reporter Local Child Protective Services State Central Register

Reports Registered 2007 Non-Mandated Reporter Mandated Reporter

Role of Mandated Reporter While acting in their professional capacity, to report suspected incidents of child abuse or maltreatment/neglect.

Professional Capacity Anytime that a person is acting within the scope of their employment or carrying out functions as part of the duties and responsibilities of their profession.

08 OCFS INF 01 MR with direct knowledge is responsible to call the SCR MR notifies Agency Administrator (or Reporting Designee) immediately No prior approval or conditions may be imposed Agency Administrator –LDSS-2221A –Maintains the Call ID # –Provides SCR with all KNOWN names of other agency MRs with direct knowledge

Immunity (don’t call anonymously) Source Confidentiality No retaliatory personnel action shall be taken for making report Legal Protections

Failure to Make the Call Criminal – Class A Misdemeanor Civil Liability Legal Penalties

Mandated Reporter Records Section 415 of the SSL requires mandated reporters to provide records regarding a mandated report necessary for a CPS investigation, irrespective of HIPAA proscriptions or any other privilege.

Consider the Child Must be less than 18 years of age What has happened? Who may be responsible?

Abuse Inflicts or allows to be inflicted serious physical injury Creates or allows to be created substantial risk of serious physical injury Commits or allows to be committed sexual abuse

Maltreatment/Neglect A child whose physical, mental, or emotional condition has been impaired or is at imminent danger of becoming impaired A parent’s or custodian’s failure to provide a minimum degree of care

Types of Neglect Fails to provide: –adequate food, clothing, shelter, education, or medical care –proper supervision or guardianship OR Inflicts/allows to be inflicted harm, including the infliction of excessive corporal punishment Misuses alcohol or other drugs Abandonment

Bruising Areas Knees Shin Elbows Back Buttocks Back of Thighs Back of Calves Normal Bruising Areas Suspicious Bruising Areas

Common Indicators Child’s Physical Indicators Child’s Behavioral Indicators Parent’s Behavioral Indicators

Handprint Injury

Looped Cord Injury

Steam Iron Injury

Talking with Children Do: - Find a private place - Remain calm - Be honest, open, up-front, supportive - Be an advocate - Listen to the child - Report the situation immediately

Talking with Children Don’t: - Overreact - Make judgments/promises - Interrogate or investigate

Person Legally Responsible Parent Guardian Custodian Day Care Provider Residential Care Staff Who Can Be Reported?

Reasonable Cause to Suspect Do not have to prove it Distrust or doubt is enough Based on observation or disclosure Child is harmed or in imminent danger of harm

Imminent Danger Distance between child and harm by actions or failure to act Could occur immediately or very soon How direct the threat is to the child

Case Scenarios What indicators are present? Is there reasonable cause to suspect abuse or maltreatment/neglect? If so, who is responsible for abuse or maltreatment/neglect? What are your next steps?

Evaluating Your Response Category A This should be left to the family Category B Assistance to seek community agency or resource as appropriate Category C Reportable to State Central Register (SCR) Category D Call Police Immediately

Make the call Mandated Reporter Express Line New York State Child Abuse and Maltreatment Register

Demographics Has the child been harmed, or is the child at risk of harm, and how? Role of parent or person legally responsible? Ongoing pattern? Making the Call

Where is the child? Are there any special needs or medications? What are they? Concerns for local CPS (weapons, dogs, etc). Is an interpreter required? Name, title, and contact information of other MRs and other persons with direct knowledge of abuse and neglect from your agency. Any other information? Making the Call

Follow up the Call Complete Form LDSS-2221A within 48 hours Send to local CPS

New York State Child Protective Services System Call to the SCR Services Provided No Services Provided Service Plan Transmit to Local CPS Unfounded Indicated Case Closed Monitoring of Services Ongoing Assessment Investigation/Safety Assessment Report RegisteredReport Not Registered Referred to LER (Law Enforcement Referral) No Services Provided Case Closed Services Offered

Local District Response Begin investigation within 24 hours –Assess safety of child –If necessary, take steps to protect child Determination of report within 60 days –Indicated –Unfounded and sealed

Wrap-Up and Summary Review Objectives Questions and Answers Evaluation