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Mandated Reporter Training for Educators

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1 Mandated Reporter Training for Educators
Presented by: The DCF Academy for Family and Workforce Knowledge and Development 11/21/2013 Trainer will introduce themselves noting years of experience at DCF as well as their current position with the agency. Trainer will explain the importance of the group reporting their concerns to DCF. Trainer will explain that the mission of the agency is to provide safety, permanency and well-being for the children of Connecticut and we can not do so without their help.

2 The Vision of DCF STRENGTHENING FAMILIES
We believe that: Everyone desires respect Everyone needs to be heard Everyone has strengths Judgments can wait Partners share power Partnership is a process Trainer will introduce the concept of the Six Principles of Partnership, developed by Appalachian Family Innovations and Barium Springs Home for Children. The trainer will indicate that these principles have been utilized in a training for staff which highlights the benefits of less confrontational methods in child protective services work. Trainer can give brief examples of each of the six principles if time allows. If time is an issue, Trainer can indicate that these are basic principles of effective social work.

3 Overview of Public Act 11-93 Mandated Reporting by Schools
A legislative response to a report issued by the Offices of the Child Advocate and Attorney General which identified flaws in the way child abuse and neglect in schools is identified, reported and investigated. Encourages reporting, streamlines investigations and clarifies information sharing among the various entities involved. The report also recommends mandatory training of school district personnel in reporting and investigating child abuse and neglect and the standard use of the DCF central registry for background checks for current and prospective school employees and certificate applicants. Trainer will inform participants of Public Act 11-93, stressing that is was the result of a joint investigation of the Office of the Child Advocate and the Office of the Connecticut Attorney General. As a result of this investigation, a report was issued which noted significant concerns. Those concerns included that mandated reporters were not fulfilling their statutory obligation to make reports of suspected child abuse and neglect. As a result, the Connecticut General Assembly passed Public Act which requires mandated training around mandated reporting and has the component to levy penalties if mandated reporters fail to or delay in reporting suspected child abuse and neglect.

4 Key Components Related to Educators of Public Act 11-93
Boards of Education cross check Central Registry for any position. If applicant is licensed and listed, application is denied Disclosure to School Superintendents of Central Registry information Expands list of Mandated Reporters in School Systems Requires newly hired local or regional board of education employees (on or after 7/1/11) to complete the Mandated Reporter Training. Refreshers to occur every three years. Employees hired by a local or regional board of education prior to 7/1/11 must take the refresher course by 7/1/12 Several key components should be highlighted and are applicable to mandated reporting. Trainer will review each item with the group. Boards of Education will cross reference staff with the DCF Central Registry. If a person is placed on the Central Registry they have been determined to be a danger to children. Applicants who have been placed on the Central Registry will be denied employment. Central Registry information can be disclosed to local Superintendants of Schools The scope of Mandated Reporters within school systems has been increased and will be noted later in the training Requires training of newly hired staff in Mandated Reporter Training Previously employed staff must take refresher courses on Mandated Reporter Training.

5 Key Components Related to Educators of Public Act 11-93
Data Base kept by DCF of incidents where school systems failed to report abuse/neglect in timely manner DCF to investigate delayed reporting by mandated reporters. DCF Commissioner to notify Chief State’s Attorney should there be instances of failing to report or making a delayed report If a school employee is the alleged perpetrator of abuse or neglect, allows the sharing of records. DCF will report the allegations to the Connecticut State Department of Education Key Components (continued) DCF will maintain a data base noting if school systems fail to make reports in a timely manner DCF will investigate delayed reports and the Commissioner will notify the Chief State’s Attorney of such delays Public Act allows the Department and the State Department of Education to share records around issues of child abuse and neglect.

6 Purpose of Mandated Reporter Training
Provide information To keep you up to date with your roles, responsibilities and changes in the law and possible preventive measures you can take to protect yourselves as well as the children and families you serve To hear concerns, answer questions, and develop ways to work together to better protect children. Trainer will note that CT state statute states that DCF must be available to provide this training to all mandated reporters who request the training. Trainer will note how long the training will be today and encourage the group to ask questions. Trainer will note that the purpose of this training is to provide participants with information regarding their roles and responsibilities as Mandated Reporters and to address any changes in the laws. Trainer will also explain that he/she is here to listen and to respond to questions and concerns; however, it is not possible to respond to specific cases. Trainer will explain that our records are confidential and all families are different, so each family needs to be assessed individually. What might work for one family, will not work for another.

7 Who Must Report Connecticut General Statutes (State law) identifies professionals who, because their work involves regular contact with children, are mandated by law to report suspected child abuse and neglect. Trainer should not spend much time discussing this slide because the information is addressed fully in slide #5. Trainer should read the slide and then explain that since their profession involves regular contact with children, they are Mandated Reporters. Trainer will then move to the next slide.

8 Who Must Report Any person paid to care for a child in any public or private facility, child day care center, group day care home or family day care home which is licensed by the State. Battered Women’s Counselors Chiropractors Dental Hygienists Dentists Department of Children and Families Employees Department of Public Health employees responsible for the licensing of child day care centers, group day care homes, family day care homes or youth camps. * Judicial Employees Licensed/Certified Alcohol and Drug Counselors Licensed/Certified Emergency Medical Services Providers ** Licensed Foster Parents Licensed Marital and Family Therapists Licensed or Unlicensed Resident Interns Licensed or Unlicensed Resident Physicians Licensed Physicians Licensed Practical Nurses Licensed Professional Counselors Licensed Surgeons *Newly added as of 10/1/10, ** New as of 6/1/09 Medical Examiners Members of the Clergy Mental Health Professionals Optometrists Parole Officers (Juvenile or Adult) Pharmacists Physical Therapists Physician Assistants Podiatrists Police Officers Probation Officers (Juvenile or Adult) Psychologists Registered Nurses Sexual Assault Counselors Social Workers The Child Advocate and any employee of the Office of the Child Advocate School Employees - as defined in section 53a-65 of the Connecticut General Statutes (CGS) (subsection 13) (see next slide) ** * Newly added as of 10/1/09 Trainer will explain that this slide contains the list of all mandated reporters. The list of mandated reporters consists almost entirely of professions who will have a lot of daily contact with children during the course of regular job duties.  Teachers, medical professionals, coaches, etc., are highly visible to children and children are highly visible to them.  Thus, they are in the position to see signs of abuse and neglect and are able to develop relationships with children so that they might trust them enough to disclose to them.  Trainer will explain that if your profession is not listed on this slide, you are not a mandated reporter. Trainer should emphasize the following points: 1. This is a list of all professions mandated by law to report. These professions have legal roles and responsibilities to report suspected abuse or neglect. 2. This list is periodically updated, for example, licensed foster parents were added in June of 2009, school superintendents were added in October 2009, and judicial employees were added October 2010. 3. Some organization’s rules state that any adult who volunteers for the organization must report if they suspect abuse, neglect or at risk BUT they are not mandated reporters and are not held responsible under this law. In this case, if you fail to report suspected abuse or neglect to the organization, they might not let you continue to volunteer at the agency/organization, but you will not be arrested or have protection under this law. Trainer will either ask the group to point out their category or the Trainer will point it out.

9 Who Must Report From a School System
School Employees - as defined in section 53a-65 of the Connecticut General Statutes (CGS) (subsection 13) (13) "School employee" means: (A) A teacher, substitute teacher, school administrator, school superintendent, guidance counselor, psychologist, social worker, nurse, physician, school paraprofessional or coach employed by a local or regional board of education or a private elementary, middle or high school or working in a public or private elementary, middle or high school; or (B) any other person who, in the performance of his or her duties, has regular contact with students and who provides services to or on behalf of students enrolled in (i) a public elementary, middle or high school, pursuant to a contract with the local or regional board of education, or (ii) a private elementary, middle or high school, pursuant to a contract with the supervisory agent of such private school. Public Act has increased those who are mandated to report suspicions of abuse or neglect in a school system. Trainer should note those within Public Act who are now required to report. The noted section in the Statute clearly delineates those who are mandated to report such suspicions. It is suggested that this slide be read by the Trainer to ensure that those mandated within the school system understand that they are obligated to make such reports.

10 What Must Be Reported? Mandated Reporters are required to report or cause a report to be made when, in the ordinary course of their employment or profession, they have reasonable cause to suspect or believe that a child under the age of 18 has been abused, neglected or is placed in imminent risk of serious harm (CGS 17a-101a). A Mandated Reporter must report any suspicion to DCF or law enforcement regardless of the identity of the alleged perpetrator. Trainer should read slide and then state that this is the law and it contains many parts. Trainer will discuss each phrase: Mandated Reporters are required to report or cause a report to be made - Trainer will emphasize that whoever suspects by seeing something/hearing something should be the one to call in the report. They have the most direct/first hand information. When a report is sent to a regional office, the social worker needs to talk to the mandated reporter who has the first hand information. The law says “or cause a report to be made”; this means that reporters such as doctors often ask their nursing or social work staff make the report. We at DCF will have to talk to that doctor at some point. when, in the ordinary course of their employment or profession, - Trainer will note that this means while you are working. You are only a mandated reporter while you are working or if someone notifies you of a concern about a child you work with. For example, if you are a teacher and afterschool, while you are home, a concerned parent calls you about another family, you are then a mandated reporter. Any other time you can call in a report as a concerned citizen. they have reasonable cause to suspect or believe – Trainer will emphasize that they do not have to prove or do their own investigation, Mandated Reporters ONLY need to suspect abuse or neglect. NOTE: Trainer does not need to spend much time with this phrase because slide # 6 covers this. that a child under the age of 18 – Trainer will inform participants that DCF works with families who have children under the age of 18. Once a child turns 18 and there is suspicion of abuse, the police would be involved to investigate the allegations as a crime. However, the agency is responsible to investigate allegations regarding children until the age of 18. If a child is 17 years and 9 months and you suspect abuse, neglect, or imminent risk that concern needs to be reported. The teen might not want to work with us but it still must be reported. Trainer should know that we continue to do investigation about abuse and neglect and imminent risk on children until 21 if we are working with them such as a child who is in a group home or foster home and awaiting services from DDS or DMHAS. has been abused, neglected or is placed in imminent risk of serious harm – Trainer will state that further in the training we will look closely at the definitions of abuse and neglect. Trainer might also point out that a copy of the operational definitions are included in their packet (if they are included). A Mandated Reporter must report any suspicion to DCF or law enforcement regardless of the identity of the alleged perpetrator. – Trainer will ask the group what they think this means. Trainer will discuss with the group the answers given. Trainer will enforce that it does not matter who it is that may be abusing or neglecting a child, if you suspect abuse or neglect you must report it. If it is a friend, a co-worker, a friend of your boss, a political official, a police officer; it does not matter you have to report. Sec. 17a-101a. Report of abuse, neglect or injury of child or imminent risk of serious harm to child. Penalty for failure to report. Any mandated reporter, as defined in section 17a-101, who in the ordinary course of such person's employment or profession has reasonable cause to suspect or believe that any child under the age of eighteen years (1) has been abused or neglected, as defined in section 46b-120, (2) has had nonaccidental physical injury, or injury which is at variance with the history given of such injury, inflicted upon such child, or (3) is placed at imminent risk of serious harm, shall report or cause a report to be made in accordance with the provisions of sections 17a-101b to 17a-101d, inclusive.

11 Reasonable Cause to Suspect
Observed What is told or said Knowledge from professional training and experience A suspicion is enough to file a report based on what you observe or are told. CERTAINTY IS NOT REQUIRED The role of DCF is to investigate Trainer will explain that reasonable cause to suspect means what you observed, what you were told, and then combining that with your professional training and experience. Trainer will emphasize again that participants do not need to be sure. Relative to school systems, Trainer should note that the statutory obligation of the school employee is to make the referral and that the Department of Children and Families will conduct the appropriate investigation or assessment.

12 Definitions: Abuse Connecticut General Statutes, Section 46b-120, defines an abused child as a child or youth less than 18 years of age who: Has had physical injuries inflicted upon him or her other than by accidental means, or Has injuries which are at variance with the history given of them, or Is in a condition which is the result of maltreatment such as, but not limited to, malnutrition, sexual molestation or exploitation, deprivation of necessities, emotional maltreatment, or cruel punishment. Trainer will state that this is the statutory definition of abuse. Trainer will explain that DCF also has operational definitions, which spells out some examples of abuse and neglect. Trainer can refer participants to the hand out of Operational Definitions. Trainer should have some examples of each bullet. Hint: Examples should be clear cut examples, not any open to interpretation. It is best if trainers have their own examples. Below are some examples that could be used: “Has had physical injuries upon him or her other than by accidental means” - Trainer should explain there is no law that prohibits parents/caregivers from disciplining their children by using physical discipline. However, physical discipline may be considered abuse when there is an injury, such as a bruise, burn, or broken bone. An example of this is a two year old who is severely spanked and black and blue marks are left on the buttocks because the child refused to eat. “Has injuries which are at variance with the history given of them” – These are injuries where the history and type of injury do not match; such as, a 7 year old comes to school with a black eye and says that he fell off his bike, or an infant who arrives at the emergency room with a broken femur (thigh bone) and the parent says he rolled off the changing table. The doctor may then say that the child’s injuries are inconsistent with the history given. An infant rolling off of a changing table would not cause a femur to break or the 7 year old child's black eye could not have come from falling off of his bike. “Is in a condition which is the result of maltreatment such as, but not limited to malnutrition, sexual molestation or exploitation, deprivation of necessities, emotional maltreatment or cruel punishment” Malnutrition can be considered abuse if the caregiver keeps food from the child as a means of punishment, if the caregiver does not feed the child because they have no food could be poverty, if a caregiver does not feed a child because they have no food because they use their money to gamble, might be neglect. Sexual molestation or exploitation could be intercourse , on-line enticement , or fondling, including kissing, for the purpose of sexual gratification of the offender, or for purposes of shaming, humiliating, shocking or exerting control over the victim. Emotional maltreatment as abuse is more difficult and sometimes the agency will also look at as emotional neglect. Emotional maltreatment abuse are acts, statements, or threats that have had, or are likely to have an adverse impact on the child and/or interfere with a child’s positive emotional development. Emotional Maltreatment might be the child who is locked in a basement for days and has severe depression, anxiety, and fear, as a result. Cruel punishment might be a child who is forced to wear a sign around his neck announcing the thing he has done wrong. That child then has serious sleep disturbances and suicidal attempts.

13 Lovan C. –vs- DCF The child’s misbehavior and the surrounding circumstances, including the parent’s motive The type of punishment administered The amount of force used The child’s age, size, and ability to understand the punishment Trainer will explain that before January of 2005, if a child had a bruise and that injury was from a caregiver hitting or striking a child as a form of discipline, then the agency usually determined that the child was abused. This policy changed in 2005 as a result of an Appellate Court decision. The agency investigated a family and found that a mother abused her five year old daughter after striking her several times with a belt for jumping on a bed and leaving a bruise on her thigh. (The mother saw her daughter jumping on the bed and told her to stop jumping on the bed. The daughter continued to jump on the bed. The mother gave her a warning that if she did not stop jumping on the bed she was going to hit her with the belt. When the daughter continued to jump on the bed, the mother took the belt and hit her on the thigh.) The mother sought an appeal to this decision and brought it to the court. The court decreed that this child only suffered a minor injury and the mother did not intend to hurt the child by disciplining her for her behavior. The court ordered DCF to assess various factors when making a decision whether a child was abused or not. Those factors are listed on this slide. Trainer could then give an example, such as, a fifteen year old girl is doing well in school and has no problems, she then meets an 18 year old boyfriend and her grades start fall. One night she goes out and does not come home until 5:30 AM. When she walks in the door, her mother asks her where she has been and the teen says “Out”. Dad gets upset and slaps her across the face twice, leaving a bruise on her cheek. The 15 year old goes to school that day and tells the School Social Worker that her father hit her. The School Social Worker calls in a report to the Hotline (Trainer might ask the group if that is a legitimate report to the Hotline? (The answer is Yes) When the investigation is completed the agency may not substantiate abuse because: The child’s misbehavior and the surrounding circumstances, including the parent’s motive – the child was out all night and then talked back to the mother. The type of punishment administered the amount of force used – Two slaps across the face. The child’s age, size, and ability to understand the punishment – The child is 15, is of normal height and weight for a 15 year old, and is able to understand that she needs to come home on time. Trainer should reiterate that as mandated reporters they do not need to make judgments on Lovan C., they need to call in if they suspect abuse; a child with a mark that is the result of being hit is a report to DCF. Trainer will point out that although Lovan C. should not affect their reports to the Hotline, this information is included in the presentation so they are aware of the law and to answer many questions that are often received about reports they have made in the recent past that resulted in a closed case with no services provided to the family. Trainer can pass out Lovan C. memo located in Trainer’s Manual.

14 Indicators of Sexual Abuse
Physical Chronic gastrointestinal complaints unexplained bruises, lacerations, redness, swelling, or bleeding in the genital, vaginal, or anal areas. complaints of genital or rectal pain sexually transmitted disease Child Under 13 with Venereal Disease: a physician or facility must report to Careline upon the consultation, examination or treatment for venereal disease of any child not more than twelve (12) years old pregnancy Trainer will highlight potential indicators of sexual abuse. Trainer should note that these are physical or behavioral indicators of potential sexual abuse. Trainer should emphasize that children under age thirteen with a venereal disease noted by a physician or a facility should be referred to the Careline.

15 Indicators of Sexual Abuse
Emotional/Behavioral fire setting cruelty to animals sexually aggressive, manipulative of younger/more vulnerable children truancy engages in self-destructive behaviors substance abuse suicide attempts cutting prostitution inability to eat or overeating bedwetting or soiling wears an excessive amount of clothing promiscuity or avoidance of sexuality Trainer will highlight potential indicators of sexual abuse. Trainer should note that these are emotional or behavioral indicators of potential sexual abuse. In and of themselves, they may not indicate sexual abuse, and Trainer should emphasize that presence of such symptoms may need further assessment or questioning by mandated reporters.

16 Age of Consent for Sexual Activity
The general age of consent in Connecticut is 16. This applies in most normal relationships. However, if any of the following apply, then the age of consent becomes 18: Where one person is a guardian, or responsible for the general supervision, of the other. See C.G.S. § 53a-71(a)(4). Where one person is an athletic coach or an intensive, ongoing instructor (e.g. piano teacher) outside of a school setting, and the other is being coached or instructed. See C.G.S. § 53a-71(9)(B). Where one person's professional, legal, occupational or volunteer status gives him/her a role of supervision, power, or authority, over the other's participation in a program or activity, and the older person is at least 20-years-old. See C.G.S. § 53a-71(a)(4). Trainer should indicate that there is a legal age of consent for sexual activity. In the State of Connecticut the age is sixteen, however, there are some exceptions to this. Trainer should note that there are instances where the age of consent is eighteen and noted as follows: One person is a guardian or responsible for the general supervision of the other One person is an athletic coach or instructor outside of a school setting One person’s professional, legal, occupational, or volunteer states gives them the role of supervision, power, or authority.

17 Age of Consent for Sexual Activity
Age of consent is irrelevant in the following; as even consensual adult sexual activity is criminalized in these relationships: Where one person is a school employee (of the board of education, by extension excluding post-secondary schools) and the other a student. See C.G.S. § 53a-71(a)(8). Where one person is an athletic coach or an intensive, ongoing instructor (e.g. piano teacher) in a secondary (high school) setting and the other a student. See C.G.S. § 53a-71(9)(A). Trainer should note that the age of consent is irrelevant and those relationships may be criminalized: One person is a school employee (excludes post secondary education) and the other is a student One person is a coach or instructor in a secondary educational program and the other person is a student

18 Criminal Charges Relative to C.G.S §53a-71
Sexual Assault in the 2nd Degree (Class C or B Felony) Sexual Assault in the 4th Degree (Class A Misdemeanor or Class D Felony) Trainer should note that these are criminal violations and charges that can result if there are violations noted in previous two slides

19 Training Regarding Reporting Child Sexual Abuse
For training regarding how to report allegations of child sexual abuse in a manner that meets your legal responsibilities and minimizes trauma to the child (called: minimal facts) contact: Jeannine Marron, Chapter Director Connecticut Children's Alliance. Phone: Trainer should note that when receiving information relative to allegations of sexual abuse, that they should seek to obtain only minimal facts, including the following: Who perpetrated the sexual abuse What the sexual abuse consisted of Where the sexual abuse occurred When the sexual abuse occurred Obtaining this information and only this information should be sufficient to make the referral to the Careline. Utilizing minimal facts ensures that the victim is not exposed to multiple interviews and potentially being retraumatized. The Discoverer’s Training was developed to assist those learning of such allegations in obtaining only the minimal facts. Schools can contact the Connecticut Children’s Alliance to have a training facilitated in their school by contacting the above mentioned person.

20 Neglect Has been abandoned; or
Is being denied proper care and attention, physically, educationally, emotionally, or morally; or Is being permitted to live under conditions, circumstances, or associations injurious to his well-being. Trainer should explain that the answer to this question is very difficult. For example, a parent could have a very responsible 12 year old that could be capable of being left alone. However, they might have a 17 or 18 year that they wouldn't trust or for one reason or another is not mature. The following information can be obtained from the DCF INTERNET Website UNER THE HEADING "LEAVING YOUR CHILD ALONE" to assist parents in this decision… Deciding when your child is ready to stay home alone is a difficult decision for parents. There is no set age, either prescribed by law or by child development experts. It comes down to a judgment call on the part of parents. Fortunately, there are some guidelines and certain factors to consider, as well as things to do if you decide to leave your children home alone. To decide if your child can take care of himself, consider: His age. Experts believe a child should be at least 12 before he is left alone, and at least 15before he can care for a younger brother or sister. These are the minimum ages. Not every child is ready then His maturity. Can he think things through, plan ahead, make good decisions. His ability to handle urgent situations. Your child should show good judgment and follow your rules. He should know how to get help, what to do in a fire, how to deal with visitors and callers, etc. The environment. Is it safe? Are there people nearby who can be trusted to watch out for your child? How long he will be alone. An hour or two might be fine; a day may be too long. His feelings. If he's nervous about being alone or isn't sure he can handle certain situations, he's not ready. If you feel your child can stay alone, give him what he needs to be safe, including: The house key. Have him keep it in a safe, but hidden place, like a zippered part of his backpack. Phone numbers. Next to the phone, post a number where you can be reached (or you might want to get a pager if you're not always near a phone) and numbers of two neighbors who are likely to be home and who have agreed to look out for your child. Tell them what time he comes home from school. Safety rules. When your child is home alone, he should: • not enter the house if he sees something suspicious (e.g. an open door, broken window, strange people).He should go to a neighbor's house, call 911, then you. Not let anyone in. Delivery people can be told to go to a neighbor's house and repair people can come back. • not tell anyone he is home alone. If someone calls, your child can say, "My mother (father) can't come to the phone right now. Can I take a message?" • not go to anyone's house without your permission. • Schedule a time each day to check in with one another. Teach your child: • When to call 911 and what to say. • How to prevent fires and what to do if one breaks out (E.g. get out of the house fast and call 911 from a neighbor's house). • Basic first aid (some towns offer courses for children). Some towns and employers offer a "home alone" class for children; ask your town recreation department, school or employer. Try leaving your child home alone for an hour or two and see how he does before you do it long term. Each day, talk to your child about what he did during the day. Ask him often how he feels about staying home alone. Review safety rules. If you, or your child have any doubts, it is best to make other arrangements. Maybe another parent, college student, or local after-school program can help out. If you need to find care for your child, check with INFOLINE (211), your relatives, neighbors and friends, your child's school, your city or town parks and recreation department, or a local YMCA/YWCA age 9 in book about children left home alone – what age. IT IS ALSO IMPORTANT TO NOTE THE FOLLOWING… Connecticut State Law prohibits leaving children unattended in an automobile Page 9 in book about children left home alone – what age.

21 Educational Neglect Educational neglect occurs when a person responsible for the child’s health, welfare or care interferes with the ability of a child age seven (7) to fifteen (15) to receive proper care and attention educationally. Proper care and attention educationally is the consistent receipt of a program of educational instruction in accordance with C.G.S. § provided by a public school, a private school or by a person responsible for the child’s health, welfare or care. A truant is a child enrolled in a public or private school grade kindergarten to eight, inclusive, who has four (4) unexcused absences in any one month or ten (10) unexcused absences in any school year. A habitual truant is any such child who has twenty (20) unexcused absences in any school year. Legal reference:  C.G.S. §10-184 Trainer should note that there are instances where educational neglect occurs, and review the information in the slide. The Connecticut General Statutes clearly indicate what constitutes educational neglect. Such instances include: A person responsible not ensuring that children ages seven to fifteen receive proper care and attention educationally That “proper care and attention educationally” consists of private or home schooling Truancy is defined and notes how many unexcused absences indicate such issues Notes the definition of a habitual truant

22 Medical Neglect the refusal or failure on the part of the person responsible for the child's care to seek, obtain, and/or maintain those services for necessary medical, dental, or mental health care withholding medically indicated treatment from disabled infants with life-threatening conditions. Note: Failure to provide the child with immunizations or routine well child care in and of itself does not constitute medical neglect. Medical neglect is: The refusal of a person responsible to seek, obtain, or maintain services necessary for necessary care. Withholding medically indicated care from disabled infants with life threatening conditions Notation should be made and emphasized that a failure to provide for routine pediatric care and immunizations do not constitute medical neglct.

23 CGS: 53-21a Child Left Alone in Motor Vehicle or Place of Public Accommodation
Sec a. Leaving child unsupervised in place of public accommodation or motor vehicle. (a) Any parent, guardian or person having custody or control, or providing supervision, of any child under the age of twelve years who knowingly leaves such child unsupervised in a place of public accommodation or a motor vehicle for a period of time that presents a substantial risk to the child's health or safety, shall be guilty of a class A misdemeanor. Trainer should note that leaving a child under age twelve in a motor vehicle or in a place of public accommodation for a period of time that presents substantial risk to the child’s health or safety is illegal, and such action could result in an arrest. Trainer should also note that such instances may also constitute neglect and may result in the teacher making a referral to the Careline

24 Safe Haven Act   An act that creates a safe alternative to leaving infants in unsafe places A parent may voluntarily surrender physical custody of an infant age thirty (30) days or younger to the nursing staff of a hospital emergency room. Parent is not required to provide his or her name or medical history. Trainer will review slide. Trainer will review the reasoning for the creation of the Safe Haven Act and how it should be utilized. This act was created to safeguard infants who often died as a result of being left in trashcans/dumpsters or in toilets. Often young, afraid teen mothers left their newborns in these situations due to their fear, which unfortunately resulted in the death of these infants. With this law, any parent may leave their infant younger than 31 days at the emergency room with no questions asked. The infant will then be placed in a pre-adoptive home and the Department will immediately file a TPR in regards to Baby Doe. The parents would not be subject to neglect charges due to abandonment. In contrast to the State of Nebraska…Nebraska was the last of the fifty states to adopt the Safe Haven Act. When enacted, Nebraska did not place an age limit to the Act. As a result, one overwhelmed Nebraska widower dropped off nine kids ranging from 20 months to 17-years-old. Then, grandparents of a 14-year-old from Iowa and a Michigan mother of an adopted 13-year-old left the children at Omaha hospitals. Nebraska eventually changed the language in its act to reflect the spirit of the Act…to protect newborns.

25 Whom does DCF investigate?
The Department will investigate cases where the abuse or neglect has been inflicted by or caused by a person responsible or entrusted for such child’s health, welfare, or care or by a person given such access to such child by such person responsible. All other reports will be referred to the appropriate local law enforcement authority. Trainer will review the contents of this slide and explain that the difference between persons responsible and entrusted will be explained in detail in the next two slides.

26 “Person Responsible” Parent Guardian Foster parent School employees
Staff personnel of child center based, family or group day care settings Staff employees of residential child care settings and that individual responsible for a child’s health, welfare, or care and is allegedly responsible for causing or allowing the infliction of physical injury or injuries or imminent risk. Trainer will review the definition of person responsible. A person responsible is usually an individual who has a caretaking responsibility legally for a youth for a significant period of time. For example, parents and guardians are legally responsible for youth "24/7." Children placed in a residential facility or foster home are responsible of providing for the youth's physical, medical, psychological welfare, etc. In addition, school personnel or day care staff are responsible for the same during the time the children are at the school/day care (sometimes 8 or more hours per day.)

27 “Person Entrusted” Anyone given access to child or youth by a person who is responsible for the health, welfare, or care of a child or youth. For the purpose of providing education, child care, counseling, spiritual guidance, coaching, training, instruction, tutoring, or mentoring of such child or youth. Trainer will explain the definition of a person entrusted. Trainer may also give examples: "If I leave my son with my neighbor who is 18 as a babysitter. I have entrusted the care of him with the babysitter. If my son is abuse/neglected while in the babysitter's care. A report may be called in on the babysitter." Many people entrust the care of their children to others on a frequent, sometimes daily basis… examples include the soccer coach, the math tutor, the counselor/therapist, priest, deacon, youth church leader, mentors. Any of these individuals could be the subject of suspected abuse or neglect as they are entrusted persons and if abuse or neglect is suspected, a report should be made.

28 Reporting Procedures When – As soon as practical, but no later than 12 hours after the mandated reporter becomes aware of or suspects abuse/neglect or imminent risk of serious harm or that a mandated reporter must notify DCF To Whom – DCF Careline: ; or calling the local law enforcement agency A written report (DCF 136) is required by law to be written and submitted within 48 hours of oral report. ORAL REPORT TO CARELINE IS REQUIRED DCF-136 will not be accepted without oral report being made Trainer will review this slide.

29 Preliminary Investigation
A mandated reporter should not conduct his/her own investigation prior to making a report His/her responsibility is to make the report if abuse or neglect is suspected and let DCF or the police conduct the investigation The law protects a mandated reporter who makes a report in good faith; a preliminary investigation is not necessary to receive this protection

30 All oral and written reports shall contain the following information if known:
The names and addresses of the child and his parents or other person responsible for his care; The age of the child; The gender of the child; The nature and extent of the child's injury or injuries, maltreatment or neglect; The approximate date and time the injury or injuries, maltreatment or neglect occurred; Information concerning any previous injury or injuries to, or maltreatment or neglect of, the child or his siblings; The circumstances in which the injury or injuries, maltreatment or neglect came to be known to the reporter; Trainer should note that when a referral is made to the Careline due to suspicions of abuse or neglect, that the following information should be provided if known. Much of this information is also contained in the DCF-136, and the Trainer could suggest that if the form is filled out, it will provide good guidance when making the phone call. Trainer should review each point.

31 All oral and written reports shall contain the following information if known:
The name of the person or persons suspected to be responsible for causing such injury or injuries, maltreatment or neglect; The reasons such person or persons are suspected of causing such injury or injuries, maltreatment or neglect; Any information concerning any prior cases in which such person or persons have been suspected of causing an injury, maltreatment or neglect of a child; Whatever action, if any, was taken to treat, provide shelter or otherwise assist the child (PA §15). Items 9 and 10 are new. Trainer should note that when a referral is made to the Careline due to suspicions of abuse or neglect, that the following information should be provided if known. Much of this information is also contained in the DCF-136, and the Trainer could suggest that if the form is filled out, it will provide good guidance when making the phone call. Trainer should review each point. Trainer should note that items 9 and 10 are newly added and review.

32 Careline Contact Information Child Abuse and Neglect Careline 505 Hudson Street Hartford, CT (FAX) Phone: Trainer should note that after contacting the Careline by phone, that the DCF 136 can be faxed or mailed to the following contacts: 505 Hudson Street Hartford, CT FAX:

33 When DCF Notifies the Police
When DCF receives a report alleging sexual abuse or serious physical abuse, including, but not limited to, a report that a child has: Died; Been sexually assaulted; Suffered brain damage, loss, or serious impairment of a bodily function or organ; Been sexually exploited; or Suffered serious non-accidental physical injury Trainer will review this slide and explain that these are serious allegations of physical or sexual abuse that require that the Department notify the police within 12 hours of the receipt of such report. Trainer will explain that although the law states that notification must be completed within 12 hours, the Department usually completes the report almost immediately to begin a joint investigation with the police. DCF will notify the appropriate police department within 12 hours of the receipt of such report.

34 Confidentiality & Anonymity
Trainer will explain that they will now move to discuss of Confidentiality and Anonymity.

35 Anonymity A DCF Employee A Law Enforcement Officer
The name of the reporter of child abuse/neglect shall be kept confidential upon his/her request. However, it shall be disclosed to: A DCF Employee A Law Enforcement Officer An Appropriate State’s Attorney An Appropriate Assistant Attorney General A Judge and all necessary parties in a Juvenile Court proceeding or criminal prosecution involving child abuse and neglect A State Child Care Licensing Agency, Executive Director of any institution, school or facility, or Superintendent of Schools. Mandated Reporters are required to give their name when they make a report to DCF, however, reporters may request anonymity to protect their privacy. DCF would not disclose their name or identity unless mandated to do so by the law. (CGS 17a-28 and 17a-101) Trainer will explain that Mandated Reporters are required to provide their name to the Hotline when making a report. Trainer will explain that their name will remain anonymous to the family and also explain circumstances when their name might be disclosed as stated above. Trainer will also note that the Hotline staff at busy times (end of the school day, holidays, at the end of the school year) and that investigators will often contact them to ensure that the report is accurate and inquire if there is any additional information that they have or would like to add. If the case involves a criminal investigation by the police, the reporter's name may have to be disclosed to the police, the states attorney or judges. Trainer will also note that at times a reporter might believe or think that their name was disclosed when in actuality; the family may have "figured it out." For example, if a toddler arrives at daycare with bruises, the daycare provider makes a report to the Hotline and an investigator contacts the parents that day, the parents may assume that it was daycare staff since they are the individuals that last had contact with and saw the child.

36 Legal Protections for Reporting & Consequences for Failing to Report
Trainer will explain that they will now move to discuss of Legal Protect ions for Reporters and the consequences for failing to report.

37 Immunity and False Reporting
Immunity – Any person, institutions, or agency which in good faith makes or in good faith does not make the report pursuant to (17a-101a to 17a-101d) inclusive shall be immune from any liability, civil, or criminal charges. False Reporting – Any person who knowingly makes a false report of child abuse/neglect or imminent risk of serious harm shall be criminally fined not more than $2000 or imprisoned not more than one year or both. Trainer will explain that if a mandated reporter in good faith does or does not make a report, they have immunity. This means, that if in good faith a reporter makes a report of suspected abuse or neglect and the Department completes an investigation and finds no abuse or neglect, the reporter is immune from any liability. Likewise, if a reporter sees a mark on a child and they honestly believe that there was no abuse or neglect involved and in good faith does not make a report, if the Department later receives a report and makes a finding that there was abuse, the reporter is immune from any liability (because in good faith, they did not believe there was abuse). Trainer will explain that all calls are recorded by the Hotline and that it is a crime to make a false report of abuse or neglect. Trainer will explain the consequences of this. (Trainer will give an example that this might happen with neighbors who are angry at another neighbor for calling in on them.)

38 Failing to Report and/or Delayed Reporting
Any person, official, or institution required by the law to report a case of suspected child abuse/neglect or imminent risk of serious harm who willfully fails to do so: a. may be liable for civil damages caused by such failure. b. shall be fined between $ c. shall be required to attend an educational training program Trainer will review this slide and remind Mandated Reporters that they are required by law to report suspected abuse or neglect and what the consequences for failing to report are. Trainer will state that there are monetary consequences associated with not reporting. There have only been a few cases in which people were held accountable for not reporting. If it does come to the Department's attention, the individual can be fined, imprisoned, or both. Trainer should note that delayed reporting can result in the same consequences as failing to report.

39 Employee Protection Sec. 17a-101e. Penalty. (a) No employer shall discharge, or in any manner discriminate or retaliate against, any employee who in good faith makes a report pursuant to section 17a-101a to 17a-101d, inclusive, and 17a-103, testifies or is about to testify in any proceeding involving child abuse or neglect. The Attorney General may bring any action in Superior Court against an employer who violates this subsection. The Court may assess a civil penalty. Trainer will review this slide and that there are protections in the state law that state an employer can not retaliate against you for making a report to the Hotline. The AG can bring action against that employer in Superior court if they violate this statute.

40 Differential Response System
Differential Response System is the entry point to DCF involvement. It begins with your call to the Careline. Calls will be assessed and designated as an Investigation or a Family Assessment.

41 Differential Response System
CARELINE DCF Referral Can Switch Between Tracks Based on Safety Assessment Intake Response Times (Same Day/24/72) Investigation Mandated Collateral Contacts Case Decision & Central Registry 45-Day Completion Family Assessment Lower Risk Cases (72-hour responses) 15 Rule Outs Determine Appropriateness Face-to-Face Contact within 5 days Protective Factors Assessed Service Plans & Family Team Meetings 45-Day Completion MAIN FOCUS Services Recommended Services Not Needed Transfer for Continued Services determined by Partnership through use of Risk Assessment MAIN FOCUS Substantiation or Unsubstantiation Transfer for Ongoing Services mandated by DCF through use of a Risk Assessment

42 Differential Response System
INTAKE In cases of serious child maltreatment: A comprehensive investigative response that may include close collaboration with law enforcement that may result in a clear message that violence against children is a crime and will be punished. FAMILY ASSESSMENT In cases of less serious child maltreatment: A comprehensive family assessment and coordinated service delivery will result in better engagement and involvement of families and consequently in better protection for children.

43 Why Two Tracks? Be more flexible in the response to child abuse and neglect reports Recognize that an adversarial focus is neither needed nor helpful in all cases Better understand the family issues that lie beneath maltreatment reports Engage parents more effectively to use services that address their specific needs Increase sharing responsibility and accountability for families and communities Lower the rate of disproportionality

44 DCF Strengthening Families
DCF recognizes that strengthening Connecticut families requires partnership with the immediate family, the extended family, and community providers. Thank you for being part of this team.


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