Created by the Cabinet for Health and Family Services, Division of Protection and Permanency (slides 9 & 25 added and slide 26 edited by Betty Moore, Jackson Co. Schools) Mandatory Reporting

Federal Law Child Abuse Prevention and Treatment Act of 1974(CAPTA), Public Law: Authorizes federal funding for states to carry out child protective services functions. Imposes requirements for investigative procedure, cooperation between agencies engaged in child protective services activities, training for child protective services personnel, and service provision.

In Kentucky Child protective services activities are carried out by the Cabinet for Health and Family Services in cooperation with a multitude of other state agencies and agencies that are external to state government including: law enforcement, the courts and their subcomponents, community mental health services, the private child care community. Child protective services activities are governed by the Unified Juvenile Code (KRS through ) and Kentucky Administrative Regulations (Title 922 Protection and Permanency).

The Disclosure A “disclosure” is a statement from the alleged victim or other individual regarding an occurrence of maltreatment. If you are hear a disclosure, witness an incident of maltreatment, or if you receive the information second- hand; at that moment, you become obligated under state law to make a report. Make the report. Do not “interview” the child or initiate any kind of investigation Duties of prosecutor, police, and cabinet - - Prohibition as to school personnel -- Multidisciplinary teams (4): School personnel or other persons listed in KRS (2) do not have the authority to conduct internal investigations in lieu of the official investigations outlined in this section.

KRS (2): Any person, including, but not limited to a physician, osteopathic physician, nurse, teacher, school personnel, social worker, coroner, medical examiner, child caring personnel, resident, intern, chiropractor, dentist, optometrist, EMT, paramedic, health professional, mental health professional, peace officer or any organization or agency for any of the above who knows or has reasonable cause to believe that a child is dependent, neglected or abused….. Excepted are client/attorney and clergy/penitent relationships Mandated Reporters

Mandatory Reporting KRS (1): Duty to report dependency, neglect, or abuse Any Person who knows or who has reasonable cause to believe that a child is dependent, neglected, or abused shall immediately cause an oral or written report to be made to local law enforcement agency, or the Kentucky State Police; the Cabinet or its designated representative; the commonwealth’s attorney or the county attorney; by telephone or otherwise.

KRS (1): Good Faith Immunity Anyone acting upon reasonable cause in the making of a report or acting under KRS to in good faith shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from such report or action. However, any person who knowingly makes a false report and does so with malice shall be guilty of a Class A misdemeanor. KRS (11): Confidentiality Identifying information concerning the individual initiating the report under KRS shall not be disclosed except to law enforcement officials that have a legitimate interest in the case; to the agency designated by the cabinet to investigate or assess the report; to members of multidisciplinary teams as defined by KRS that operated under KRS ; or under a court order, after the court has conducted an in camera review of the record of the state related to the report and has found reasonable cause to believe that the reporter knowingly made a false report. REPORTING SOURCES ARE PROTECTED UNDER THE LAW

Failure to Report KRS (5): Any person who intentionally violates the provisions of this section shall be guilty of a: a) a) Class B misdemeanor for the first offense; b) b) Class A misdemeanor for the second offense; and c) c) Class D felony for each subsequent offense.

Reporting Central Intake (If you call our local Social Services at they can connect you to Central Intake)

“I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant.” Robert McCloskey Making the Report REPORT ONLY WHAT YOU HEAR OR SEE: Try not to interpret or paraphrase the child’s statement Provide objective information

What Will DCBS ask? Identity of the report source and their relationship to the child or situation Specific information as to the nature and extent of the abuse, neglect, or dependency Current location of the child Condition of the child Knowledge of previous child abuse or neglect Any immediate safety issues for the child or investigator Perpetrator information--including name, relationship to the child, and whereabouts

ACCEPTANCE CRITERIA The Cabinet may accept a report for investigation OR they may not. Acceptance criteria incorporated into the DCBS written “Standards of Practice,” and they are based on the statutory definition of abuse, neglect, or dependency. The Cabinet does not have the statutory authority to investigation allegations that not related to identifiable safety issues. “Anything that is not a safety issue is a value judgment.”

Overview of Acceptance Criteria Physical Abuse: Non-accidental physical injury Sexual abuse or exploitation Neglect: Failure to provide essential protection, care, supervision, food, clothing, shelter, education or medical care necessary for the child's well-being—considering the child’s age. Dependency: Through no fault of the parent, the child is without essential protection, care, etc.

NEGLECT Supervisional: the age of the child (chronological and developmental), length of time the child is unsupervised; maturity of the child, availability of other adults/resources to the child, and safety hazards present in the home or neighborhood. Environmental: A serious health and safety hazard is present (including: hazardous materials or chemicals, raw sewage, excrement, exposed wires, insufficient shelter, living in cars, clutter that creates a fire/safety hazard, infestations of insects, vermin or rodents Medical: A child has not received a medical assessment or treatment for an injury, illness, condition or disability; and If left untreated, the injury, illness, condition or disability may: interfere with normal functioning and worsen without treatment; become life-threatening; result in permanent impairment Risk of Harm: Incapacitation due to alcohol or other drug abuse; repeated exposure to domestic violence, exposure to a sexual offender

What does not meet criteria? The SSW does not accept reports when the situation does not meet the definition of abuse, neglect or dependency, including: – –The reporting source has generalized feelings of concern regarding the welfare of the child, but does not give specific allegations that would indicate child abuse, neglect, or dependency; or – –The report relates to custody changes, custody issues, or lifestyle issues without allegations of abuse, neglect or dependency. The report concerns child abuse inflicted by a person who is not in a caretaking role. (These reports are forwarded to local law enforcement agency or the Kentucky State Police, as well as the Commonwealth’s Attorney or County Attorney.) The report alleges corporal punishment appropriate to the age of the child, without injury, mark, bruise, or substantial risk of harm.

Will I Know if the Report was Accepted for Investigation? State law prohibits the Cabinet for Health and Family Services from disclosing any confidential information about a case to anyone except as prescribed by statute: – –Custodial parents, alleged perpetrators, court personnel, law enforcement, and specific professional providers (including school personnel) with a legitimate interest in the case. KRS Note: Centralized Intake Protocol

Initiation of an Investigation ( established by 922 KAR 1:330) Imminent risk: 1 hour Physical abuse (non-imminent): 24 hours Low Risk: 48 hours

KRS (3): The cabinet upon request shall receive from any agency of the state or any other agency, institution or facility providing services to the child or his family, such cooperation, assistance and information as will enable the cabinet to fulfill its responsibilities under KRS , , and

How long does an investigation take? 30 working days Worker can request extension from FSOS: when there are legitimate delays in completing the investigation: delays related law enforcement placement of child obtaining external documentation or reports (medical examination, forensic assessments, autopsies, psychological assessments, etc.) Courtesy interviews from outside the county, region, or state Inability to locate the family

Are the children removed? If the child(ren) is at immediate risk, with a court order – –Petition is filed for emergency custody – –If Judge orders emergency custody, child is placed in foster care or with an approved relative – –A Temporary Removal Hearing is held within 72 hours of the Emergency Custody Order. Law Enforcement can remove a child for 12 hours without a court order Physicians and hospital administrators can place a child on a 72 hour hold without a court order

Possible Investigative Outcomes FINSA – –Services Not Needed – –Services Needed Investigation – –Unsubstantiated (no abuse or neglect found) – –Substantiated (abuse or neglect found)

“ONGOING” If the Investigation is substantiated the case may move from investigation to “ongoing.” Shift from investigative role to assisting to assisting families in parenting children safely and effectively Case transferred to another worker “Reasonable Efforts” (a case plan will be completed outlining services to match any needs identified in the investigation/assessment) “Family Team Meetings” Possible court involvement

Information The Blue Book: Reporting Child Abuse, Neglect, and Dependency is available at The Office of the Ombudsman: – – Kentucky Child Abuse Hotline: – –1-877-KYSAFE1 or

Reporting Central Intake (If you call our local Social Services at they can connect you to Central Intake)

If you have any questions please contact Kimberley Collett at