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Phoenix Union High School District Governing Board Policy In-Service Child Abuse
2014/2015 School Year
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CHILD ABUSE DEFINED Infliction or allowing of physical injury
Impairment of bodily function Disfigurement Serious emotional damage to a child Allowing another individual to inflict any of the above JLF-R
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CHILD ABUSE The Phoenix Union High School District is committed to ensuring safety of children as such abuse must be reported immediately to a peace officer or to Child Protective Services, except if the report concerns a person who does not have care, custody or control of the minor, the report shall be made to a peace officer only. ARS Done by telephone or in person Written report within 72 hours Immune from any civil or criminal liability by acting in good faith. Failure to report abuse is a class 1 misdemeanor. Failure to report abuse that involves a reportable offense is a class 6 felony. Statute clearly outlines the duty to report, who is required to report and defines reportable offenses Report must be done by phone or in person. Do not use …FERPA violation JLF
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REPORTABLE OFFENSES INCLUDE:
Indecent exposure Public sexual indecency to a minor Sexual abuse Sexual conduct with a minor Sexual assault Molestation of a child Furnishing items that are harmful to a minor via internet Surreptitious photographing, videotaping, filming, digitally recording of a minor Incest Child prostitution Commercial sexual exploitation of a minor Sexual exploitation of a minor Luring a minor for sexual exploitation Admitting a minor to public displays of sexual conduct Clarification from Diane regarding if social worker is trained on delivering this piece of training to employees JFL-R
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REPORTABLE OFFENSE FORM
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MANDATORY REPORTING OF CHILD ABUSE
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Mandated Reporters will better understand:
Training Objectives Mandated Reporters will better understand: A.R.S – Mandatory Reporting Statute Maricopa County Protocol for the Investigation of Child Abuse Types of Abuse Advocacy Centers
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A.R.S. § 13-3620 The statute states:
“any person who reasonably believes that a minor is or has been the victim of abuse… or neglect… shall immediately report or cause reports to be made… to a peace officer or to child protective services.” Key Points: low standard, current or previous abuse, immediately report
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You form a “Reasonable Belief” when:
A child discloses to you information indicating abuse or neglect. A child has unexplained injuries or an explanation that is inconsistent with the injuries that lead you to suspect abuse. A third person discloses information that gives you reason to believe abuse or neglect has occurred.
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A.R.S. § 13-3620 Who is mandated reporter?
3 Categories of Mandated Reporters Peace Officers & Members of the Clergy All children, all the time Parents Their own children, all the time “Person” is defined as… anyone who has the responsibility for the care or treatment of the minor. Some of the time, all children
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A.R.S. § 13-3620 Who is mandated reporter?
Persons whose jobs or professions impose a duty to report information received during course of their employment Named disciplines: Physician, Physician’s Assistant, Optometrist, dentist, osteopath, chiropractor, podiatrist, nurse, Behavioral Health Professional, Psychologist, counselor Social worker, School personnel Domestic violence victim advocate
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A.R.S. § 13-3620 Who do I report to? The statute states:
“reports are to be made to a peace officer or to child protective services… except if the report concerns a person who does not have care, custody, or control of the minor, the report shall be made to a peace officer only.”
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A.R.S. § 13-3620 Immunity for Reporters
Any person who reports in good faith All reporters are “immune from any civil or criminal liability” for reporting; unless… Reporter is charged with or is suspected of committing the abuse Reporter has acted with malice
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A.R.S. § 13-3620 Could I be punished for not reporting suspected abuse?
A mandated reporter who does not report a “reportable offense” can be charged with a Class 6 Felony A mandated reporter who does not report another type of abuse can be charged with a Class 1 Misdemeanor
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A.R.S. § 13-3620 Maximum Penalties for Failing to Report
Class 6 Felony 2 years in prison $150,000 fine plus 80% surcharge Class 1 Misdemeanor 6 months in jail $2,500 fine plus 80% surcharge
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MARICOPA COUNTY
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Maricopa County Protocol
Prior to the Protocol, children were being re-victimized during the investigative process Developed Interagency Council (IAC) IAC developed Protocol to improve the handling of crimes against children
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Why follow the Protocol?
Research has shown that when Multidisciplinary Protocols are followed arrest and prosecution rates INCREASE and trauma to the child DECREASES.
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You are important to us! Mandated reporters are the eyes and ears of law enforcement and CPS. Mandated reporters have extensive contact with children on a daily basis. Mandated reporters are often the first persons to whom children disclose abuse because of their relationship with the child. Mandated reporters are often the first to suspect abuse because they recognize behavioral changes in the children.
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MANDATED REPORTER PROTOCOL
Suspected child abuse can be made known to a mandated reporter by three different means: A child self discloses abuse to mandated reporter Observation of injury/ unusual behavior Third party report of abuse
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If you encounter… An unexplained injury/ unusual behavior on the child OR A child self discloses abuse
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You will need to gather basic information from the child…
If possible, find a quiet private place to talk with the child - One on one conversation Do not make promises to the child Reassure the child that you will do whatever is necessary to keep them safe Be supportive – not judgmental Listen – do not make assumptions Document exact quotes provided by the child
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If the following has not already been volunteered…
Ask the child ONLY these four questions: What happened? Who did this to you? Where were you when this happened? When did this happen?
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Third Party Report of Abuse
If a third party informs a mandated reporter that a child may be the victim of abuse or neglect, the third party should be encouraged to make a report. However, it will still be the mandated reporter’s responsibility to make a report to law enforcement and /or the CPS Hotline.
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DO NOT notify the parent/ caretaker that you have contacted Police/ CPS
Mandated reporters shall maintain confidentiality of all information regarding the abuse report. Refer all inquiries to Police or CPS. It is the duty of Police and CPS, not the mandated reporter, to notify parents of the investigation. Premature and/or inappropriate notifications can hinder investigations and potentially create precarious situations.
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To Report Suspected Child Abuse
Call Law Enforcement Local LE Non-Emergency Line 911 Call CPS at: 1-888-SOS-CHILD ( ) The written report must be sent to CPS within 72 hours. Mail to: CPS, P.O. Box 44240, Phoenix, AZ Fax to: (602) (602)
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The Protocol Recommends…
That the reporter call BOTH law enforcement and CPS, when the alleged perpetrator has care, custody, or control of the minor.
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CHILD PROTECTIVE SERVICES
If you have any doubt… CALL BOTH LAW ENFORCEMENT AND CHILD PROTECTIVE SERVICES
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When reporting to CPS: Document the name of the Hotline Specialist
If the information meets Report Criteria, document the name of the Field Supervisor that the report will be sent to Follow up with your written report to the identified Field Supervisor If he/she arrives at your site, document the name of the case worker
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When Reporting to Law Enforcement:
Document the name of Dispatch you spoke to Ask if and when a patrol officer is expected to respond Document the name and serial number of the patrol officer upon arrival Document the DR number assigned to the case
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REMEMBER… Information that triggers your mandate to report may or may not meet CPS or Police criteria for an actual report/ action to be taken
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Records Release to LE/ CPS
Per A.R.S. § (C), Child records from this incident must be released to law enforcement and/or CPS upon their written request and signature on a release form The parent/ guardian does not have to give permission for this release The release of records should also be expeditious as police and CPS will need the records for their investigations
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WHAT TO REPORT VARIOUS TYPES OF ABUSE
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Four Domains of Abuse Sexual Abuse Physical Abuse Neglect
Emotional Abuse
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Sexual Abuse Any sexual act between an adult and a child, this also includes sexual acts between children. Sexual acts include: Fondling, penetration, intercourse, exploitation, pornography, exhibitionism, child prostitution, group sex, oral sex, or forced observation of sexual acts
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Any non-accidental injury to a child.
Physical Abuse Any non-accidental injury to a child. Non-accidental injuries include: Hitting, kicking, slapping, shaking, burning, pinching, hair pulling, biting, choking, throwing, shoving, whipping, and paddling
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Failure to provide for a child’s
Neglect Failure to provide for a child’s physical needs. This includes: Lack of supervision, inappropriate housing or shelter, inadequate provision of food, inappropriate clothing, abandonment, denial of medical care Neglect is the chronic failure of a parent, guardian or custodian to provide a child with sufficient shelter, food, clothing, medical care and supervision. Everyone’s standards are different so the failure to provide these basics would have to create a substantial risk of harm to the child. For example, poverty is not neglect. Parents with limited resources may be able to still provide for their child’s basic needs. Although everyone’s standards are different, if you have a reasonable belief that the child is being neglected you need to report the situation and allow the responding agencies to determine how the legal guidelines apply and determine if it is a situation that puts the child at substantial risk of harm.
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Emotional Abuse Any attitude or behavior which interferes with a child’s mental health or social development. This includes: Yelling, screaming, name-calling, shaming, negative comparisons to others, telling them they are “bad, no good, worthless” or “a mistake”
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ADVOCACY CENTERS
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ADVOCACY CENTERS Advocacy Centers bring the different disciplines together during child abuse investigations Disciplines Include: Law Enforcement Child Protective Services (CPS) Forensic Pediatricians Mental Health Professionals
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Advocacy Centers in Maricopa County
There are 5 Child Advocacy Centers in Maricopa County Centers Include: Mesa Center Against Family Violence Childhelp Children’s Center Scottsdale Family Advocacy Center West Valley Advocacy Center (Glendale) Southwest Family Advocacy Center (Goodyear)
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Advocacy Centers in Arizona
There are 18 Advocacy Centers in the state of Arizona
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Advocacy Centers in the United States
There are over 500 Advocacy Centers in the United States
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Working with Child Advocacy Centers
How are the forensic interviewers or medical personnel from the Centers contacted to interview/ examine a child? Law Enforcement Sexual and/or Physical Abuse CPS Physical Abuse Forensic Interviewers/ Forensic Medical Personnel will not accept a case until there is LE/CPS involvement Children throughout AZ can be seen at the 5 Centers
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Just a few reminders… “Reasonably believes” (low standard)
“Immediately report or cause reports to be made” Confidentiality Child/Family Source 3rd Party Reports Written Reports within 72 hours DO NOT NOTIFY THE PARENTS Report ALL suspected abuse
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Please locate & sign the enclosed form
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