Mandated Reporter Educator Training 2015

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California Mandated Reporter
Training for Educators
Objectives of Mandated
Reporter Training
 Who
are mandated reporters?
 What does child maltreatment look
like?
 When and how do I make a report?
 What happens after a report is made?
Introductions
Have you been to mandated
reporter training before?
Have you ever had to make a
child abuse report?
What would you like to get out of
this training?
How One Girl's Plight
Started the ChildProtection Movement
Mary Ellen Wilson
Dr. C. Henry Kempe - 1962
Child Abuse and Neglect
Reporting Act (CANRA)
1963- first reporting law passed in CA mandating that
physicians report physical abuse of children
1966- all states had child abuse reporting laws
providing definitions, procedures, a list of mandated
reporters, and liability for failure to report
1980- CANRA was passed in CA. It has been amended
multiple times since, and the list of those mandated to
report continues to grow.
Purpose/Key Points
Primary intent of the
reporting laws is to
protect the child
It is equally
important to provide
assistance or
resources to parents
Protecting the identified
child may also provide the
opportunity to protect other
children
The report of abuse may be
a catalyst for change in the
home environment, which
may help to lower the risk
of abuse in the home
Who Are Mandated Reporters?
Mandated reporters are individuals
who are mandated by law to report
known or suspected instances of child
maltreatment
Over 40 categories listed in CANRA
(P.C. 11165.7)
Primarily people who have regular contact
with children through their employment
Who Are Mandated Reporters?
 A teacher
 An instructional aide
 A teacher’s aide or assistant employed by a public or
private school
 A classified employee of a public school
 An administrative officer or supervisor of child welfare
and attendance, or a certificated pupil personnel
employee of a public or private school
 An employee of a county office of education or the
State Department of Education whose duties bring the
employee into contact with children on a regular basis
Who Are Mandated Reporters?
 A Head Start program teacher
 An employee of a school district police or security dept.
 A person who is an administrator or presenter of , or a
counselor in, a child abuse prevention program in a
public or private school
 An athletic coach, athletic administrator, or athletic
director employed by any public or private school that
provides any combination of instruction for
kindergarten, or grades 1 to 12, inclusive
Child Welfare Dynamic Report
2013
Professionals
(Mandated
Reporters)
8.90%
Nonprofessionals
(Friends, neighbors,
relatives)
Unclassified/other
http://cssr.berkeley.edu/ucb_childwelfare
3%
87.90%
Child Welfare Dynamic Report
2013
Professionals
(Mandated
Reporters)
Education
Nonprofessionals
(Friends, neighbors,
relatives)
Unclassified/other
8.90%
3%
22.50%
http://cssr.berkeley.edu/ucb_childwelfare
65.40%
When to Report
 When one "has knowledge of or observes a
child in his or her professional capacity,
or within the scope of his or her
employment whom he or she knows or
reasonably suspects has been the victim of
child abuse or neglect..." (P.C. 11166 a)
Failure to Report
Is a misdemeanor, punishable by
• Up to 6 months in jail
• Up to $1000 fine
May also result in a civil lawsuit, especially if the
child-victim or another child is further victimized
May also result in loss of professional
license or credential
Confidentiality
The identity of the reporting party is
confidential
May only be disclosed to official agencies and
professionals involved in the investigation,
prosecution, or record-keeping of these cases
Any violation of confidentiality of this information
is a misdemeanor punishable by up to six months
in the county jail, by a fine of $500, or by both
Immunity
Mandated reporters have
immunity from criminal
or civil liability for
reporting as required
Defining Child Abuse and Neglect
Under the Child Abuse and Neglect Reporting
Act (CANRA), when the victim is a child (anyone
under the age of 18) the following types of
maltreatment must be reported:
 Physical
Abuse
 Sexual Abuse
 Neglect
 Some
forms of Emotional Abuse
Child Welfare Dynamic Report
2013
250,000
200,000
Neglect
Phys. Abuse
Sex. Abuse
Emo. Abuse
241,446
150,000
100,000
50,000
0
92,132
40,894
41,407
http://cssr.berkeley.edu/ucb_childwelfare
Deciding When to Report
 When one "has knowledge of or observes a
child in his or her professional capacity, or
within the scope of his or her employment
whom he or she knows or reasonably
suspects has been the victim of child abuse or
neglect..." (P.C. 11166 a)
 If you suspect, REPORT!!!!

Proof of abuse is not required; that will be
determined through investigation by the child
welfare professionals or law enforcement
Neglect
Negligent treatment or maltreatment
of a child by a person responsible for
child’s welfare.
 Includes- Acts and Omissions
 The neglect either causes harm or
threatens to harm the child’s health or
welfare.

Severe Neglect: Intentional failure of caregiver to
provide food, clothing, shelter, or medical care, or to
protect the child from severe malnutrition; caregiver
willfully causes or permits child’s health to be
endangered.
General Neglect: Failure of caregiver to provide
food, clothing, shelter, medical care, or supervision
where no physical injury has occurred.
Medical Neglect: Failure of caregiver to provide
appropriate medical care, dental care. (Exception for
religious considerations)
Emotional Neglect: Not interacting with an infant
or child
Neglect- Religious Considerations
 Refusing medical care for religious reasons is a
hotly debated topic when children are involved
 Per CANRA, a child receiving treatment by spiritual
means or not receiving specified medical treatment
for religious reasons, shall not for that reason alone
be considered a neglected child
 An informed and appropriate medical decision made
by a caregiver after consultation with a physician
does not constitute neglect
(P.C. 11165.2)
 A second-grade student often complains that she is
hungry, and had no breakfast. She rarely brings
anything for lunch. You also notice that her clothing
is often inappropriate for the weather, and she
appears dirty and unkempt. You have noticed that
her parents do not attend any school functions, and
are never at home when you attempt to contact
them.
What concerns would you have about this student?
Physical Abuse
The willful harming or injuring of a child or the
endangering of the person or health of a child (P.C.
11165.3)
Unlawful corporal punishment or injury, willfully
inflicted, resulting in a traumatic condition (P.C.
11165.4)
Physical injury or death inflicted by other than
accidental means (i.e., intentionally injuring a
child) (P.C. 11165.5)
Physical Abuse Indicators
A statement by the
child that the injury
was caused by abuse
Bruises in various
stages of healing
Injuries that are patterned
or have distinct outline
Any injury
in an infant
Bite marks, burns,
broken bones
Any injury with an improbable explanation
or with a delay in seeking treatment
Location of bruises- cheeks, ears,
neck, back, buttocks, genitals
Motor Development
 Developmental abilities of a child should be considered
when evaluating injuries
 If a child is unable to roll over or crawl, they are
unlikely to have sustained an injury on their own
Age
Milestones
2 months
Lifts head
4 months
Rolls over front to back
6 months
Rolls over both directions and sits up
9 months
Crawls, cruises
12 months
Walks
18 months
Runs
24 Months
Walks upstairs
 You are an employee at a school. A seven-
year-old child comes to school with linear
red marks on his cheeks. He was absent the
day prior. When you ask him what
happened to his cheek, he replies that he fell
while riding his bike. What concerns might
you have about this child?
EXAMPLES OF
INFLICTED INJURIES
WARNING: GRAPHIC
CONTENT
Ear Bruise
Patterned Bruising
Grab Marks
Distinct outline
Child Sexual Abuse
Per CANRA, Child Sexual Abuse
includes:
 Sexual Assault
 Sexual Exploitation
Sexual Assault
Rape, statutory rape, incest, sodomy, lewd or
lascivious acts upon a child, oral sex, sexual
penetration
The intentional touching or fondling of a child’s
genitals or intimate parts or the clothing covering
them, for purposes of sexual arousal or gratification.
Masturbating in the presence of a child
Sexual Exploitation
Preparing, selling, or distributing
pornographic materials involving children
Performances involving obscene sexual
conduct
Employment of minor to perform obscene
acts
Depicting a minor engaged in obscene acts
Sexual Abuse Indicators
Sexually explicit
drawings
Sexual behavior and/or
knowledge beyond
developmental expectations*
Inappropriate
sexual behavior
with peers
Disclosure of
Sexual Abuse
by the child
 You become concerned because 8-year-old
Sara, a student in your class, is caught exposing
herself to other children on the playground and
telling them to touch her. You talk with her
about this behavior, and she tells you that her
14-year-old brother always wants to see her
“pee pee” and likes to touch it.
What concerns would you have about this
child?
Sexual Abuse - Disclosure
Most disclosures of
sexual abuse are made
weeks, months or even
years after the abuse
occurred
Many victims
never report
at all
It is very common for
children to recant
(deny or withdraw) a
previous disclosure of
abuse
Why is it so hard to tell?
 Fear
 Of perpetrator
 Of being believed (consequences of disclosure)
 Of not being believed
 Shame
 Revealing the secret
 Sex is shameful/embarrassing subject
 This hasn’t happened to anyone else
 Guilt
 Feel complicit in the abuse
 Why didn’t you tell sooner/ run away/scream/make it stop??
Emotional Abuse
MUST report abuse that
results from verbal disclosures
or direct observation and
involves any person willfully
causing or permitting any child
to suffer unjustifiable physical
pain or mental suffering, or
endangering the child’s person
or health (P.C. 11165.3)
MAY report knowledge or
suspicion that a child is
suffering or is at risk of
suffering serious emotional
damage (e.g., severe anxiety,
depression, withdrawal, or
untoward aggressive behavior
toward self or others)
(P.C. 11166.05)
Emotional Abuse
Most Difficult Form of
Child Abuse to Identify
More often seen in combination
with other forms of abuse
Sometimes takes more than one report
to be made for action to be taken by
CWS
The behaviors of emotionally abused
and emotionally disturbed children are
often similar
Emotional Abuse
Witnessing of
domestic violence
may be reported as
emotional abuse
 In the course of your work, you work with a
troublesome nine-year-old boy. He has frequent
and severe behavior problems and is taking
psychiatric medications for a mood disorder. You
notice the child is not eating lunch. When you ask
why, he tells you that he got in trouble with his
parents and is not allowed to eat today. He tells
you the last time he ate was 2 days ago, but that he
must sit at the table and watch while the rest of the
family eats. What would you be concerned about
in this situation?
Cultural Considerations
Race
Ethnicity
Gender
Sexuality
Class
Disability
status
Immigration
status
Religion
Age
Nationality
Regionality
Language
Child-rearing practices
Gender-prescribed
behavior
Family structure
Religious beliefs
Community
characteristics
Worldview
Cultural Considerations
It is important to be aware of our own
cultural beliefs and biases or stereotypes…
…they can affect
our perceptions
Child abuse or neglect
can occur in any
family, regardless of
socio-economic status,
sexual orientation,
religion, education,
ethnic background, or
any other factor
Cultural Considerations
 Keep in mind cultural influences when assessing
information or behavior.
 Educate individuals/families from other cultures
regarding American cultural expectations and
practices.
 However, if the practice falls within the legal
definitions of child abuse, it must be
reported.
Parental Risk Factors for
Abuse/Neglect
Parent lacks understanding of child’s
behavior/normal child development
• Parent has unrealistic expectations of the child
• Parent is unduly harsh/rigid about childrearing
• Parent attributes “badness” to the child or singles
out child as “bad”, “evil”, or “beyond control”
• Parent describes use of objects/inappropriate
consequences to discipline child
Parental Risk Factors for
Abuse/Neglect
Parent lacks understanding of parent/child
relationship and/or perceives child in a
negative light
• Parent is unable to describe positive characteristics of
child
• Parent berates, humiliates or belittles child
• Parent turns to child to have own needs met
• Parent is indifferent to child
Parental Risk Factors for
Abuse/Neglect
Parenting is impaired by
• Depression or other mental illness
• Substance abuse
• Parental history of abuse as a child
• Poverty
• Unemployment
• Lack of social support
• Domestic violence
Child Red Flags for Abuse/Neglect
 Anxiety, Depression
 Self-mutilation, Cutting, Suicidal gestures/attempts
 Low self-esteem
 Truancy, Academic/behavioral problems in school
 Social maladjustment, Poor peer relationships
 Delinquent behavior, Running away from home, Use
of alcohol or other drugs
 Other significant behavioral changes
Other Concerning Behaviors
 Wariness of adults
 Discomfort when other children cry
 Fear of parents or of going home. This may be
demonstrated by a child who comes to school too
early or does not want to leave at the end of the
school day.
 Wearing clothing inappropriate for the weather
(though be aware that this may be a cultural issue as
well)
EFFECTS OF CHILD ABUSE CAN
LAST A LIFETIME. WATCH THE
“STILL FACE” EXPERIMENT TO
SEE WHY
Adverse Childhood Experiences
(ACE) Study
Initiated by Dr. Vincent Felitti in 1995 at
Kaiser Permanente with over 17,000
participants
Discovered that exposure to childhood
trauma can lead to a multitude of lifelong
health and social problems.
http://acestudy.org
What is “Reasonable Suspicion”?
“…it is objectively reasonable for a person to entertain
a suspicion, based upon facts that could cause a
reasonable person in a like position, drawing, when
appropriate, on his or her training and experience, to
suspect child abuse or neglect.
"Reasonable suspicion" does not require certainty that
child abuse or neglect has occurred nor does it require
a specific medical indication of child abuse or neglect;
any "reasonable suspicion" is sufficient.”
P.C. 11166 (a) (1)
 You have noticed that a student in
Determining
Reasonable
Suspicion
Vignette
Activity
your class, 12-year-old Nancy,
appears depressed and withdrawn.
When talking about her family, she
says that her parents often criticize
her behavior and appearance,
calling her stupid, lazy and fat. She
also comments that she is
frequently left home alone to care
for her 8-year-old brother, so is
unable to leave the house or invite
friends over. You note that she
appears sad and fearful whenever
she talks about her family.
When Abuse is Suspected
 Talking with students
Conduct the discussion in private
 Sit near the child, rather than behind a table or desk
 Use language that the child understands
 Allow the child to tell you of their experience in their own
words
 Avoid asking leading or suggestive questions
 Do not label the child’s experience “abuse” or provide
any other terminology not used by the child
 Explore concerns to see if report is warranted- do not
investigate!

When Abuse is Suspected
 When a student discloses abuse
Control your emotional response, remain calm
 Do not express shock, disapproval or disgust regarding
the child, alleged abuser, or disclosure
 Be aware that the child may not show any particular
emotion
 Reassure the child that he or she is not to blame for the
abuse
 Recognize, when appropriate, the child’s courage in
telling you about their experience
 Let the child know what you will do as a result of the
disclosure, explaining who you will tell and why.

When Abuse is Suspected
 What and who should you tell?
 Know
your school’s protocol
 Utilize resources
 School
principal, other teachers
 School counselor, social worker, psychologist
 School nurse
 Confidentiality
 Within
school environment
 Student education records
 Debrief
Issues for Educators
 Family
Educational Rights and Privacy Act (FERPA)
allows schools to disclose information contained in
student education records, without parental consent,
to “appropriate officials in cases of health and safety
emergencies” (34 CFR § 99.31).
 When disclosing personally identifiable information
from education records under this exception, the
educational agency or institution must document the
threat to the health or safety of a student that led to
the disclosure, and to whom the disclosure was
made.
When Abuse is Suspected
 Reporting colleagues
 Who
to notify
 Reporting
laws apply to all situations, regardless of the
identity of the suspected perpetrator
 Usually protocol to immediately notify school
administrator
 Possible
outcomes
 Administrative
leave
 Criminal charges
 Loss of license or credential
When Abuse is Suspected
 What (if anything) should you tell parents?
 Things
to consider
 May
increase risk to child
 May interfere with investigation
 Your ability to deal with reaction of parent(s)
 Know
your school’s protocol
 You are a teacher in an elementary school. The
parent of one of your students contacts you because
she is concerned about the behavior of her 10-yearold son’s substitute teacher. She says that her son
told her that, while getting help with his class work,
he had to sit on the teacher’s lap, and the teacher
rubbed his back and thighs. She tells you that her
son’s friend complained of this as well, and that both
boys initially refused but that the teacher insisted.
What should you do?
Calling
the
Child
Abuse
Hotline
Who Files the Report?
 Responsibility rests solely with the Mandated
Reporter
 Reporting to an employer, supervisor, school
principal, school counselor, coworker, or other
person is NOT adequate
 When two or more mandated reporters jointly
have knowledge of suspected child abuse or
neglect, a single report may be made

Any member of the reporting team who has
knowledge that the designated person has failed
to report must do so.
If a Mandated Reporter fails to
report, s/he may be
A.
B.
C.
D.
E.
Found guilty of a misdemeanor
Given up to six months in jail
Given up to $1,000 fine
Subject to a civil lawsuit
All of the above
If a Mandated Reporter fails to
report, s/he may be
A.
B.
C.
D.
E.
Found guilty of a misdemeanor
Given up to six months in jail
Given up to $1,000 fine
Subject to a civil lawsuit
All of the above
By Phone…
 Immediately (or as soon as practically possible)
call your local CWS Hotline
 Suspicions of child abuse/neglect should be
reported to Child Welfare Services, who will crossreport to the appropriate LE agency
 Law Enforcement (Police or Sheriff) may be
contacted if there is immediate danger
Other law enforcement persons, such as school
security, are not authorized to receive child abuse
reports
…Then in Writing
 Within
36 hours a written report must be sent to
the child protective or law enforcement agency to
which the telephone report was made
 Must be filed on Department of Justice Form 8572
known as the Suspected Child Abuse Report
(SCAR)
 This form is available through county welfare
departments and local law enforcement agencies
Forms and instructions also available online at
http://ag.ca.gov/childabuse/pdf/ss_8572.pdf
8572
Reporting
Party’s
information
 Name
 Date
 Address
 Phone
8572
Information
of person
taking report
•
•
•
•
•
Name
Phone
Title
Address
Date
8572
Victim’s Information
•
•
•
•
•
•
Name
DOB
Address
School
Present location
Language
8572
Involved Parties
• Siblings
• Parents
• Suspect
8572
Incident
Information
• When and
Where did
the abuse
occur?
• What
happened?
What Happens After a
Report is Made?
Reports that are assigned for
investigation are investigated by
the county child welfare agency
(child protective services)
and/or the local law
enforcement agency
Child Welfare Dynamic Report
2013
300,000
250,000
Total Reports
Made
Investigated
241,446
200,000
150,000
191,272
100,000
92,132
50,000
74,080
0
Neglect
Phys Abuse
40,894
41,407
24,413
33,153
Sex Abuse
Emot Abuse
Child Welfare Dynamic Report
2013
300,000
Total Reports
Made
Investigated
250,000
200,000
150,000
100,000
79%
50,000
80%
0
Neglect
Phys Abuse
59%
80%
Sex Abuse
Emot Abuse
 Response time depends on the seriousness of the
events reported, age of the child, the situation the
child faces, and any known history that may
influence the decision.
 If the child is in danger, the response will be
immediate and Law Enforcement may arrive before
or accompany CWS.
 If there is less risk involved, it may be three to ten
days before action is taken by CWS
Child Welfare Services
Primary responsibility is protection of the
child
• Interview all involved parties
• Assess for risk
• Offer services and resources to families as needed
Child Welfare Dynamic Report
2013
234,133
Reports Made
Substantiated
Removals
92,132
57546
40,894
27799
7209 2624
Neglect
Phys Abuse
3929 600
Sex Abuse
Of over 482,000 reports made in California in 2013,
17% were substantiated for abuse or neglect.
Of those 17%, less than half (39%) resulted in
children being removed from their homes.
• On rare occasions, children may need to be
removed to ensure their safety.
Possible Outcomes

o

o
o

o
Child is determined to be safe at home
Services may be offered to the family for support
Child remains home with a safety plan
Voluntary Services
Court-ordered services
Child determined unsafe at home
Child removed and placed in out-of-home care,
preferably with a relative
Possible Outcomes
 The report is deemed either:
 Unfounded
- the report is determined to be false,
to be inherently improbable, to involve an accidental
injury, or not to constitute child abuse
 Inconclusive - the report is not determined to be
unfounded, but there is insufficient evidence to
determine whether child abuse or neglect has
occurred.
 Substantiated - the report is determined to
constitute child abuse or neglect
Law Enforcement
Primary responsibility is
investigation for purposes of
criminal prosecution
Also shares responsibility to
protect the child
If the abuse/neglect meets legal
criteria, alleged abuser may be
arrested and the case forwarded to
the District Attorney
Follow-Up
 Child protection workers and/or law
enforcement officers may contact the reporter
to gather additional information to aid in the
investigation.
 When the investigation is completed, the
investigating agency shall inform the mandated
reporter of the results of the investigation and
of any action the agency is taking with regard
to the child or family. (P.C. 11170 (b) (2))
Key Points
As a mandated reporter you
play a CRUCIAL role in
identifying and reporting
concerns of abuse or neglect of
children that may otherwise go
unseen
If you
aren’t
certain
REPORT
Call CWS if you
need help
determining
“reasonable
suspicion”
If the story
seems
confusing or
implausible
REPORT
Never
investigate
REPORT
Are You Smarter
than a 5th Grader
Mandated Reporter
Questions
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