Mandatory Reporting of Child Abuse & Neglect – Supplemental Information Nic Dibble, LSSW, CISW...

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Mandatory Reporting of Child Abuse & Neglect – Supplemental Information Nic Dibble, LSSW, CISW Education Consultant, School Social Work Services Student Services/Prevention & Wellness Team Department of Public Instruction http://sspw.dpi.wi.gov/sspw_can January 2012

Transcript of Mandatory Reporting of Child Abuse & Neglect – Supplemental Information Nic Dibble, LSSW, CISW...

Mandatory Reporting of Child Abuse & Neglect – Supplemental Information

Nic Dibble, LSSW, CISWEducation Consultant, School Social Work Services

Student Services/Prevention & Wellness TeamDepartment of Public Instructionhttp://sspw.dpi.wi.gov/sspw_can

January 2012

Introduction This webcast is recommended for school

administrators, pupil services professionals, & anyone who will be delivering this PowerPoint presentation as part of a local in-service for employees

If you are watching this presentation as part of preparation to deliver a local in-service, feel free to incorporate any of the slides from this presentation into the “Training for All School Employees” PowerPoint presentation

Both PowerPoint presentations are available at http://sspw.dpi.wi.gov/sspw_can

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Introduction (continued)

You will find some slides in the PowerPoint presentations reference specific questions or the Appendix in the DPI publication “The School’s Role in Preventing Child Abuse & Neglect”

Reviewing this publication will help prepare anyone using the DPI PowerPoint presentation to provide a local in-service

http://sspw.dpi.wi.gov/sspw_can

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Overview of Presentation Additional comments about reporting Guidelines for talking with a student Cooperating with the CPS initial

assessment Possible outcomes of a report Special circumstances

Confrontations by parents Sexually active adolescents Suspected abuse by educators Methamphetamine manufacture

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Additional comments on reporting

It is OK to have a local policy requiring employees to notify the principal or other school administrator when a report is made This notice may not prevent or delay a report

A report should not be made on 2nd-hand information or hearsay An educator should attempt to check with the

original source of the information in order to help determine if a report is necessary

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Additional comments on reporting (continued)

There should be no reports by “proxy” Someone with 1st hand knowledge of

suspected child maltreatment may not ask someone else to make the report

If a person is nervous about making a report or does not understand how or what to do, the person may ask someone with more knowledge to assist with the report

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Additional comments on reporting (continued)

If there are multiple educators that have had 1st hand contact with a student, only one of the educators needs to make the report

Note: If different educators have different information that should be included in the report, all of these educators should participate in the report

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Additional comments on reporting (continued)

Sometimes a comment from a student or what can be observed is not sufficient information to determine if a report is necessary

It is OK for a school to designate someone to have a conversation with a student to gather more information

In cases of possible sexual abuse, it is important to be sensitive to the gender of the adult chosen to talk to the student

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Talking with the Student Make the student as comfortable as

possible

The proximity to the student should help the student feel as comfortable as possible in this situation

Allow the student to tell you what he or she wants to share

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Talking with the Student (continued)

Ask open-ended, simple questions with only one idea – examples are: Pointing to bruises on the arm,

“How’d you get these marks?” “Can you tell me what happened?” “Then what happened?” “Is there anything else you want to

tell me?”

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Talking with the Student (continued)

Use age-appropriate language

Validate student’s self-disclosure It takes a great deal of personal

courage for a student to tell someone about being hurt

It can help the student if the educator openly acknowledges the student’s courage using language the student can understand

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Talking with the Student (continued)

Reassure the student the abuse is NOT his or her fault Some children believe that the abuse

is because they misbehave

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Talking with the Student (continued)

Don’t …

Sit behind a desk or table – rather, sit across from or next to the student, depending upon the student’s comfort level

Display anger, shock, disgust, disbelief, or confusion

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Talking with the Student (continued)

Don’t … Ask leading questions

Leading questions can ruin the investigation by Child Protective Services or law enforcement

Check under the student’s clothing for signs of abuse A school nurse may ask a student to open

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Talking with the Student (continued)

Don’t …

Tell the student, “Everything is going to be OK” or “This will never happen again”

Nobody can guarantee that they can keep a student safe from abuse or neglect

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Talking with the Student (continued)

If & once you determine a report is or is not necessary, stop asking questions There is no valid reason to continue to

ask a student personal questions If a report is made, continuing to

question a student risks corrupting the investigation by Child Protective Services or law enforcement

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Talking with the Student (continued)

If a report is made, tell the student using language the student can understand

It is OK to allow older & more mature students to be present when a report is made as a means of helping them begin to regain some control over their personal lives

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Talking with the Student (continued)

After the report is made, tell the student what will happen next (e.g., “Someone will be coming out to

school to talk to you later today”) It may be necessary to ask the intake

worker about next steps in order to learn this information

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Cooperating with CPS Initial Assessment

CPS must be allowed to interview a student in a public school

Allow immediate access to the student for observation & interview Wis. Stat. 48.981(3)(c)

Do not ask the caseworker to wait until the student has free time

Provide a private interview area

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Cooperating with CPS Initial Assessment (continued)

An educator may sit in on the interview ONLY if the student wants this & CPS caseworker OKs it If a school staff person is allowed to sit in on

the interview by Child Protective Services, be sure not to say or do anything that would interfere with the interview & investigation

For instance, do not try to cue the child by saying, “Remember, you told me that your Daddy hit you”

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Possible Outcomes

The initial assessment by CPS generally concludes with one of the following actions:

the case is closed with no referral for services,

the case is closed & the family is referred to community services, or

the case is opened for ongoing services that are either voluntary or court-ordered

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Possible Outcomes (continued)

Whether or not a case is opened for services often depends upon:

any safety threats present in the home, a family’s willingness to receive services

from the child welfare or other service agency, or

when it is believed the child is not safe & the family refuses services, the ability of the agency to obtain a court order mandating services

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Why doesn’t CPS always take action?

The child’s mistreatment may not be serious enough to legally allow intervention

Removal from a home is a last resort Children often can be maintained safely

in the home Placing a child in a foster home can be

traumatic for both the child & other family members

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Confrontations by Parents

If confronted by parents, educators may be able to manage the situation with these statements

Reports for possible child abuse are required by law

The law also requires that the identity of any reporter be kept confidential

There are significant penalties for breaking either of these laws

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Abuse by a Non-Caregiver Counties have discretion regarding

investigation of abuse by non-caregivers1. Continue to investigate all reports of suspected

abuse, both caregiver & non-caregiver, 2. Investigate caregiver reports only & refer non-

caregiver reports to local law enforcement, or3. Make this decision on a case-by-case basis.

Schools should check with their respective county department of social services Wis. Stat. 48.981(3)(c)

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Abuse by a Non-Caregiver

If a parent is not suspected of abusing the child OR of being complicit in the abuse, then permission must be obtained from the parent to interview the child

If a parent has failed to protect a child from abuse by a non-caregiver, then CPS must still investigate

Wis. Stat. 48.981(3)(c)

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Sexually Active Adolescents

3 questions can help determine if a report is necessary Was the sexual contact voluntary or involuntary? How old is the student?

under 16 years 16 or 17 years Ref. 72 Atty. Gen. 93

18 years or older Has the student accessed health care services?

Wis. Stat. 48.981(2m)

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Definitions of Sexual Contact & Sexual Intercourse

Sexual contact includes intentional touching of intimate body parts, whether direct or through clothing, for the purpose of sexually humiliating or degrading the victim or sexually arousing or gratifying the perpetrator Wis. Stat. 948.01(5)

Intimate body parts include breasts, buttocks & genitals

Sexual intercourse includes vaginal, oral & anal sex Wis. Stat. 948.01(6)   

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Attorney General Opinion “consensual sexual contact involving 16- &

17-year-old children does not constitute child abuse under section 48.981(2), Stats.”

“there is nothing in the child ‘abuse’ definition of s. 48.981 encompassing sexual activity of the typical 16-year-old or 17-year-old. Accordingly, there is no reporting requirement in that regard & no authority under s. 48.981 for the county Department of Social Services to investigate reports of such activity.” Ref. 72 Atty. Gen. 93

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Exception to Mandatory Reporting if a Student Has Accessed Health Care Services

“The purpose of this subsection is to allow children to obtain confidential health care services.” Health care services include family planning,

pregnancy testing, & treatment of sexually transmitted diseases

The exception to report applies to Doctors, physician assistants & nurses providing health

care services to a child A person who obtains information about a child who is

receiving or has received health care servicesWis. Stat. 48.981(2m)

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Exception to Mandatory Reporting Due to Prior Access to Health Care Services (continued)

Mandatory reporting may not apply IF the adolescent has accessed or is accessing health care services & NONE of the exceptions listed below apply

Sexual contact with caregiver Mental illness or deficiency Young age or immaturity Unconscious or unable to communicate

unwillingness Exploitation Reasonable doubt about voluntary nature of

participation Wis. Stats. 48.981(2m), 253.07(1)(b)31

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Sexually Active Adolescents (continued)

A significant age difference between the adolescent & the adolescent’s partner may be enough to warrant a report, even if the adolescent believes the sexual activity is voluntary There may be a power differential in the

relationship that raises doubt Some counties suggest reports if the age

difference is 3 years or more

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Sexually active adolescents (continued)

More information is available in the DPI publication “Reporting Requirements for Sexually Active Adolescents”

A link to this resource can be found at http://sspw.dpi.wi.gov/sspw_can

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Suspected abuse by educators

Suspected abuse by an educator must be reported to county Child Protective Services or local law enforcement

Notify your district administrator A report to DPI may be required for

possible consideration of license revocation

Wis. Stat. 115.3134

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Methamphetamine Manufacture

Making methamphetamine is considered child abuse in Wisconsin, if a child could see, smell or hear this activity (e.g., in a child’s home)

Wis. Stat. 48.02(1)(g)

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Sources for More Information

Department of Public Instructionhttp://sspw.dpi.wi.gov/sspw_can

Department of Children & Familieshttp://dcf.wi.gov/children/CPS/index.htm

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Sources for More Information (continued)

County departments of social services

Police-school liaison officers or other local law enforcement officers

Nic Dibble, Education ConsultantSchool Social Work [email protected] (608)266-0963

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Here is what we covered

Additional comments about reporting

Guidelines for talking with a student

Cooperating with the CPS initial assessment

Possible outcomes of a report38

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Here is what we covered (continued)

Special circumstances Confrontations by parents Sexually active adolescents Suspected abuse by educators Methamphetamine manufacture

Where to get more information

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