1. Mandated Reporting For Child Abuse and Neglect
Jennifer Minichan, Program Specialist for Counseling
Cheryl Fischer, Program Specialist for 504/MDR

2. Mandatory Reporters In Education, these include: Teachers Counselors
Principals
Assistant Principals
Nurses
Social Workers
Psychologists
Resource Officers
School Attendance Officers
Para professionals are not listed
You do not need to be mandated to report, do what is in the best interest of the child

3. What is Child Abuse and 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.
Difference between DSS and LE
If adult perpetrator is in home, but is not the parent or caretaker, call LE
Call LE for child/child

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Behavioral extremes (withdrawn, aggressive, regressive)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
Giving different stories to different people

5. 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!)
Physical evidence disappears quickly, that is why the interview is so important.

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

7. 2nd 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

8. 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
Against law for anyone 13 or younger to have sex- consensual or not
at 16 years- can have consensual sex

9. 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
If child says “something happened this weekend”, say “really, what happened?”, “he touched my bottom”, say, “who touched your bottom?, …

10. 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

11. Interviewing Outside the Presence of Parents
S.C. Code of Law
“… 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.”

12. 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
Hospitals, LE agencies, churches, Fire stations, that are staffed.

13. 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).

14. 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.
Give example of two kids under table…. “I am a MR and I have reason to believe that a child in my care….”

15. 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

16. 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

17. 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).
40 % of MD’s and 60% of teachers report. Why don’t more report?
If you knowingly make a false or malicious report, it is a misdemeanor, punishable by a fine up to $5000 and/or imprisonment up to 90 days.
A false or malicious report is intentionally deceptive, not an honest mistake.

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
Can take pictures
May be a good idea to have someone with you if you ask them to raise pants leg, shirt, etc…

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
Try to make report the same day you receive the info.

20. Making the Report, cont.
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
Document this in counselor’s notebook or case notes

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.
Important so you don’t contaminate the interview process and so the child isn’t coached.
If it is an open case, call DSS or LE with additional information.

24. Questions???? Jennifer Minichan jminichan@acpsd.net or 641-2624
Cheryl Fischer or
Children’s Law Center