1. Mandated Reporting For Child Abuse and Neglect Jennifer Minichan, Program Specialist for Counseling

2. Mandatory Reporters In Education, these include: Teachers Counselors Principals Assistant Principals Nurses Social Workers Psychologists Resource Officers School Attendance Officers

3. What is Child Abuse and Neglect? Nine types under SC code 63-7-20 (physical abuse, sexual abuse, mental abuse, physical neglect, medical neglect, educational neglect, abandonment, contributing to delinquency, substantial risk of abuse or neglect) It is abuse or neglect when a child is injured by the intentional acts or omissions of an adult. DSS gets involved in child abuse and neglect cases that involve a parent or guardian as the perpetrator. Law Enforcement gets involved in criminal cases.

4. Behavioral Indicators of Abuse and Neglect Behavioral extremes (withdrawn, aggressive, regressive) Excessive fear of parent or adults Unusual shyness, wariness of physical contact Attempt to hide injuries or lying about how they happened Depression or excessive crying Status offenses and sometimes substance abuse

5. Abandonment Willfully deserting or surrendering a child SC provides a statute that allows an unharmed infant of not more than 30 days old to be left at a safe haven (Daniel’s Law) Failing to make adequate arrangements for a child’s needs or continuing care

6. Sexual Abuse Is defined as a sexual offense according to the criminal laws of South Carolina No physical evidence in most cases Interview may be the most important aspect of the investigation Children most vulnerable to sexual abuse between the ages of 8-12 The younger the child, the more likely the offender is a family member 1 in 3 females and 1 in 5 males molested before the age of 18 (This is only for the cases reported!)

7. Criminal Sexual Conduct with a Minor 16-3-655 1 st degree Victim 10 or less Victim is less than 16 and Perpetrator has previous conviction/or is on sex offender registry

8. 2 nd degree Victim is 11-14 years Victim is at least 14 but is less than 16 and perpetrator is: – position of familial –Custodial –Or official authority to coerce or –Is older than the victim

9. May not be convicted if… Person is 18 years or younger and –Engaged in consensual sex with someone at least 14 years of age –If person turns 19, then it becomes a crime 13 years of age “cannot give it away”, belongs to South Carolina

10. Minimal Facts Interview Can be conducted by any mandated reporter or first responder Basic who, what and where (start with “where”, then “what”, then “who” to be less threatening) NO DETAILS! If child tells more, let them disclose and write it down, but don’t ask more questions

11. Reasons for Minimal Facts Interview Mandated reporters are not generally trained in forensic interviewing Location/situation not suitable for full forensic interview Interviews are the main element attacked by the defense attorneys Child’s statement is often the only evidence

12. When to Report Reason to believe –Child’s physical or mental health or welfare has been or may be adversely affected by abuse or neglect. –This information has been received in your professional capacity. –You cannot pass on this responsibility to someone else. If you are the first to receive it, you must report it (i.e. child tells teacher, teacher must report).

13. What is “Reason to believe”? Law requires report to be made when there is “reason to believe” Does not require conclusive proof Does not require proof beyond a reasonable doubt Information must be such that a reasonable person would rely upon it and information may include hearsay.

14. Where to Report To the county DSS office or… Law Enforcement or… To the coroner (child death) In the county where the child lives or is found

15. Confidentiality DSS and LE must keep the identity of the reporter confidential May share the name of the reporter with each other to further their investigation Reporter may also be required to testify Reporters are immune from civil and criminal liability for reporting in good faith

16. Failure to Report A person who is required to report child abuse and neglect and who fails to do so has committed a crime (Punishable by $500 fine and/or 6 months imprisonment).

17. Interviewing Outside the Presence of Parents S.C. Code of Law 63-7-920 “… the interview may be conducted on school premises, at childcare facilities, at the child’s home or at other suitable locations and in the discretion of the department or Law Enforcement, or both, may be conducted outside the presence of parents.”

18. With Reporting: Responding to the Child Listen attentively Do not probe for details Do not remove clothing Do not indicate disbelief, shock or anger Explain actions you will take Do not give false assurances

19. Making the Report… As soon as possible Do not assume the role of CPS investigator or Law Enforcement Do not wait for proof Providing name is preferred Follow organizational procedures, i.e. notify an administrator Document the basis for your concern including the physical and behavioral signs

20. Document the child’s statements to you, use the child’s words Record the child’s demeanor Record the date and agency individual to whom you spoke Give the child’s name, age, DOB, address, present location, names/ages of siblings, parent’s names and addresses, reason for concerns, any known history of violence in the home Making the Report, cont.

21. Get the Name of the Person to Whom You Report Inform that person that you are a mandatory reporter Provide information Ask if the report is being accepted for investigation

22. If Your Call Is Not Being Accepted For Investigation Ask if there is any additional information you may provide in order for it to be accepted If the response is “I have to staff it with a supervisor” Ask that you be notified within 24 hours if it is going to be investigated

23. Nuts and Bolts of Reporting: Dealing with Parents It is best not to contact parents about your suspicions before making a report Never accuse a parent of wrongdoing If necessary, explain that you are legally responsible to report In general, if child is not in imminent danger and perpetrator is someone other than parent, you may choose to keep lines of communication open with parent.

24. Questions???? Jennifer Minichan jminichan@acpsd.net or 641-2624, or 803-215-5236 http://childlaw.sc.eduhttp://childlaw.sc.edu Children’s Law Center 803-777-1646