MANDATORY REPORTING DUTIES FOR CHILD NEGLECT, ABUSE AND EXPLOITATION G. Andrew H. Benjamin, J.D., Ph.D., ABPP music generously provided by: Professor Paula Lustbader Seattle University School of Law
“There can be no keener revelation of a society’s soul than the way it treats its children.” ~ Nelson Mandela
Scope of Problem In 2007, approximately 5.8 million children were involved in 3.2 million child abuse reports and allegations out of 75,512,062 kids 1,569,592 kids, with in the great state of Washington allegedly abused or neglected Many more go unreported Consider 1 out of 3 girl children and 1 out of 5 boy children are sexually abused SEE: or
The cycle of abuse According to a 2006 U.S. Department of Health and Human Services study: One third of abused and neglected children will later abuse their own children.
THE LAW-RCW All professional school personnel (RCW (8)) Must report to CPS at 1 st opportunity, but in case no longer than 48hrs,.if reasonable cause to believe the child.has suffered abuse or neglect (RCW (1))
ABUSE OR NEGLECT MEANS Physical injury Sexual abuse Sexual exploitation Negligent treatment or maltreatment of a child by any person… which indicate that the child’s health, welfare, and safety is harmed (RCW (12))
Sometimes
Signs of Physical Abuse (Injury) Bruises Burns Cuts Bullying But sometimes acts that are considered physical abuse and cause more than just transient pain are not obvious (e.g., shaking a child, smothering the child, threatening child with deadly weapon)
Signs of Physical Abuse Bruises on uncommonly injured body surfaces Blunt instrument marks or burns Human hand marks or bite marks Multiple injuries at different stages of healing Evidence of poor care or failure to thrive Circumferential immersion burns Unexplained retinal hemorrhages Acts that cause more than just transient pain are not obvious (e.g., shaking a child, smothering the child, threatening child with deadly weapon) Bruises on uncommonly injured body surfaces Blunt instrument marks or burns Human hand marks or bite marks Multiple injuries at different stages of healing Evidence of poor care or failure to thrive Circumferential immersion burns Unexplained retinal hemorrhages Acts that cause more than just transient pain are not obvious (e.g., shaking a child, smothering the child, threatening child with deadly weapon)
Signs of Sexual Abuse Sudden change in behavior or appearance Eating disorders Wetting or fouling of self Complaining of pain while urinating or having a bowel movement Isolation/separateness Sexually inappropriate behavior directed at peers
“Don’t talk to strangers” doesn’t apply here… 93% of juvenile sexual assault victims know their attacker. 34.2% of attackers were family members. 58.7% were acquaintances. Only 7% of the perpetrators were strangers to the victim. Rape, Abuse, & Incest National Network
Signs of Negligent Treatment or Maltreatment Age-inappropriate behaviors Sleep problems Daytime anxieties and unrealistic fears Behavioral extremes/self-destructive behavior Rocking, thumb sucking, enuresis or other habitual problems
Signs of Neglect Clothes are ill-fitting, filthy, or inappropriate for the weather Hygiene is consistently bad Untreated illnesses and physical injuries. Is frequently unsupervised or left Is frequently late or missing from school or falling asleep in school, or coming very early and leaving very late
This is How I Feel
Examples of Emotional Abuse ignoring, withdrawal of attention, or rejection lack of physical affection such as hugs lack of praise, positive reinforcement yelling or screaming threatening or frightening negative comparisons to others
More Examples belittling; telling the child he or she is "no good," "worthless," "bad," or "a mistake" using derogatory terms to describe the child, name-calling shaming or humiliating habitual blaming terrorizing a child
Signs of Emotional Abuse Apathy Depression Lack of concentration Appears defensive, shy, dependent Is verbally abusive- ?using same language and demeaning terms endured elsewhere Multiple signs emerge
Themes of our Class Decision-making about mandatory reporting always involves a process This process involves acting congruently with your values Good law, good values, and good teaching go hand-in-hand Never worry alone
Frame the evidence of abuse or neglect that crosses the line When the act or omission evidences a serious disregard of consequences of such magnitude as to constitute a clear and present danger to the child’s health, welfare, and safety Almost without exception a pattern of awful behavior has been endured by the child
When reasonable cause emerges CPS- toll free 866 END HARM Information to have prepared: The name, address and age of the child The name and address of the child's parent, guardian or other persons having custody of the child The nature and extent of the abuse or neglect Any evidence of previous incidences
Resources Child Welfare Information Gateway Childhelp Domestic Abuse Project King County Domestic Violence Homepage Protection%20Order/DomesticViolence.aspx
More Resources de Benedictis Ph.D., T., Jaffe Ph.D., J., Segal Ph.D., J., (2004) Child Abuse: Types, Signs, Symptoms, Causes and Help. Help Guide Web site: ional_sexual_neglect.htm#emotional ional_sexual_neglect.htm#emotional Washington State Department of Social and Health Services. (2009). Protecting the abused & neglected child: a guide for mandated reporters in recognizing & reporting child abuse & neglect. (DSHS Publication No. DSHS Rev. 7/09). Retrieved from: pdfhttp:// 163.pdf
Andy Benjamin, J.D., Ph.D., ABPP Director, Parenting Evaluation/Training Program University of Washington Web sites or or