Reporting Suspected Child Abuse or Neglect

Safety of Minors Compliance Support ProgramOffice of Risk Management

June 24, 2013

Objectives• To understand the University’s commitment

to supporting a safe environment for children• To understand your reporting responsibilities

under Washington State law and the University’s new policy, APS 11.8: Reporting Suspected Child Abuse

• To understand the steps for reporting• To identify behaviors by children to watch for

that might indicate abuse or neglect

Minors at the UW• UW academic personnel, staff, student

employees, and volunteers may have interactions with minors in many ways:– An estimated 100 programs for children offered by

UW or held in UW facilities annually (an estimated 24,000 children)

– Enrolled students who are under 18 years of age– Patients in healthcare facilities– Guests at events– Campuses and facilities that are open to the public

Estimates by UW Division for 2012

Safety of Minors Committee• Appointed by the Provost in 2012, with a

charge:– To advance the safety of minors at the UW by

providing advice and guidance related to law, regulatory obligations and contractual commitments through:• Developing policies, standards, and guidelines• Helping define roles and responsibilities• Incident response protocols• Training and education• Compliance and risk assessments

Washington State Law: Reporting Suspected Child

Abuse or Neglect

Washington State Reporting Law• The Revised Code of Washington (RCW)

Chapter 26.44, mandates reporting by those who are in positions to identify when children are at risk of abuse and neglect or are victims of abuse or neglect

• In 2012, the law was expanded to include employees of higher education as mandatory reporters of suspected child abuse or neglect

Legal Protections for Reporting

• A person who reports in good faith and without gross negligence or who cooperates in an investigation shall not be subject to civil liability arising out of his or her cooperation

RCW 26.44.060• Public institutions are required to indemnify

employees for good faith reports if their judgment regarding reasonable cause to report is challenged

RCW 26.44.032

Potential Consequences• Failure to report may result in a gross

misdemeanor for the individualRCW 26.44.060

• Those who make false reports may also be found guilty of a gross misdemeanor

RCW 26.44.060

UW Administrative Policy Statement (APS) 11.8:

Reporting Suspected Child Abuse

APS 11.8: Reporting Policy • To implement the requirements of the state

law, UW created Administrative Policy Statement 11.8: Reporting Suspected Child Abuse, which includes:– Policy statement prohibiting child abuse by

University employees, volunteers, or students or in University facilities and programs

– Steps for University employees to report suspected child abuse

– A description of what to report– A prohibition against retaliation

Policy StatementThe University of Washington does not tolerate child abuse. Suspected perpetrators of child abuse, including University employees, volunteers, or students, may be removed from the premises and may be subject to arrest and criminal prosecution. Employees, volunteers, or students who engage in child abuse in the workplace, or who use University facilities, property, or resources to engage in child abuse are subject to disciplinary action, including dismissal from employment, engagement, or from educational programs.

Administrative Policy Statement 11.8

Step 1: Report1. All University employees and volunteers

who have reasonable cause to believe that a child has suffered abuse or neglect must report the suspected abuse or neglect to the police or the Department of Social and Health Services (DSHS)

(medical center healthcare practitioners should also follow internal policies and

procedures)

Options for Reporting1. Call the University of Washington Police

Department (UWPD) at 206-685-UWPD (8973) (TTY accessible). If it is outside of UWPD’s jurisdiction, UWPD will report it to the appropriate law enforcement agency; or

2. Call the Department of Social and Health Services (DSHS) at 1-866-ENDHARM (1-866-363-4276) (TTY accessible); or

3. Call the police department for the location of the suspected incident, if other than the UWPD

Step 2: Administrative Report2. In addition to making the report to DSHS or

the police, if the suspected child abuse may be occurring in a University program or at a University facility, University employees and volunteers must also notify their supervisor or departmental administrator. 

(If you do not believe that the abuse may be occurring in a University program or at a University facility,

then your reporting obligation is completed)

Steps 3 and 4:Administrative Action

After employees or volunteers make their report

3. The supervisor or departmental administrator must notify the administrative head of their organization that a report has been made

4. Then, the administrative head is responsible for ensuring that UWPD is contacted to confirm that it has received a report and that the appropriate Human Resources office is contacted to determine what other actions may be necessary  

What to report• Report if you suspect that someone

under the age of 18 years of age is or has been the victim of: – Abuse or neglect – Negligent treatment or maltreatment– Sexual exploitation

Abuse or Neglect• Sexual abuse, sexual exploitation, or injury of a

child by any person when it may cause harm to the child's health, welfare, or safety, or the negligent treatment or maltreatment of a child by a person responsible for or providing care to the child. – Exception: physical discipline of a child is not

unlawful when it is reasonable and moderate and is inflicted by a parent, teacher, or guardian for purposes of restraining or correcting the child

From RCW 26.44.020

Negligent Treatment• Means an act or a failure to act, or the

cumulative effects of a pattern of conduct, behavior, or inaction, that evidences a serious disregard of consequences of such magnitude as to constitute a clear and present danger to a child’s health, welfare, or safety.

From RCW 26.44.020

Sexual Exploitation• Includes: – Allowing, permitting, or encouraging a

child to engage in prostitution by any person; or

– Allowing, permitting, encouraging, or engaging in the obscene or pornographic photographing, filming, or depicting of a child by any person.

From RCW 26.44.020

Retaliation Prohibited• University policy, APS 11.8, prohibits retaliation

against any individual who makes a report in accordance with this policy and/or RCW 26.44 or who cooperates with or participates in any investigation of allegations of child abuse.

• Retaliation means to take adverse action against an individual because he or she has acted in accordance with the law or University policy.

Common Questions

How soon must I report?• Report suspected child abuse or

neglect to DSHS or the police at the first opportunity

• But no later than 48 hours after suspecting that abuse has taken place

• Report internally, if the abuse may be occurring in a UW program or facility, as soon as possible afterward

What information do they need?

• Any information that you know• Do not try to do your own

investigation of the concern. Instead, when you report, you will be asked to share what you know or have observed

What else might they ask?You may be asked:1.The name, address, and age of the child;2.The name and address of the child's parents, stepparents, guardians, or other persons having custody of the child;3.To describe the suspected injury or injuries;4.To describe the suspected neglect;5.To describe the suspected sexual abuse;6.Any evidence of previous injuries; and7.Any other information that may be helpful in establishing the cause and the identity of the alleged perpetrator or perpetrators.

Can I report anonymously?• Mandated reporters will be asked to

provide their name when making a report– This will satisfy the reporting

requirement and – So that DSHS can contact you if more

information is needed

What will happen when I report?

• DSHS or the police will evaluate whether what you have told them could potentially be child abuse or neglect – If yes, then they will initiate an investigation– If no, then DSHS will typically make a record

of the report in case future reports are received about the same situation

What will happen when I report to UW?

• If the report is about child abuse or neglect that may be occurring within a UW program or facility, the UW may also need to take action

• Once a report is made, UWPD and other appropriate offices, such as HR, will determine how to best respond, which includes evaluating how to protect the child or other children in the program

What signs do I watch for?• The following may be signs that a child has been

the victim of abuse or neglect: – Shows sudden changes in behavior or school

performance – Has not received help for physical or medical

problems brought to the parents' attention – Has learning problems (or difficulty concentrating)

that cannot be explained by other physical or psychological causes

– Is always watchful, as though preparing for something bad to happen

From DSHS Guidance for Mandated Reporters

What other signs do I watch for?

• Other signs, include:– Lacks adult supervision– Is overly compliant, passive, or withdrawn – Comes to school or other activities early, stays

late, and does not want to go home • The presence of a single sign does not prove child

abuse is occurring; however, when these signs appear repeatedly or in combination you should consider the possibility of child abuse or neglect

From DSHS Guidance for Mandated Reporters

Are there other signs?• Children who are being sexually

abused may show unique signs, like:– Sexual aggression or acting out– Knowledge of sexual acts that are

beyond what might be expected for the age of the child

– Reports nightmares or bedwettingFrom the US Dept. of Health and Human Services

Child Welfare Information Gateway

What are signs of physical abuse?

• Children who are being physically abused may show unique signs, like:– Having unexplained burns, bites, bruises,

broken bones or black eyes– Having fading bruises or other marks after a

noticeable absence from school or activities– Protests or cries when it is time to go home

From the US Dept. of Health and Human ServicesChild Welfare Information Gateway

What are signs of neglect?• Children who are being neglected may

show unique signs, like:– Frequent absences– Begs or steals food or money– Is consistently dirty or has strong body odor– Lacks sufficient clothing for the weather

From the US Dept. of Health and Human ServicesChild Welfare Information Gateway

What if the child tells me?• Although you may not have

witnessed it, when you receive a credible report of potential abuse, you must still report it

• That means that you should consider if what the child is telling you might be true to decide whether to report it

What if it happened long ago?

• You do not have to report if the suspected abuse was discovered after the child has become an adult (18 years or older)

• But, if there is reasonable cause to believe other children are or may be at risk of abuse or neglect by the same individual, the reporting requirement does apply and a report must be made

From RCW 26.44.030(2)

What if it’s a teenager?• The purpose of the reporting law is to

provide all children with an environment free from abuse and neglect, which includes all those who are under 18 years old

• Potential signs of child abuse and neglect must not be discounted because of a child’s age or because you think older children can protect themselves

What if I’m not sure?• If you are in doubt about what should be

reported, it is better to make your concerns known than to remain silent and possibly allow a child to remain unprotected

• Discuss it with your supervisor if you are concerned about the behavior of someone in a UW program or facility. It may need to be addressed regardless of whether you decide to report to DSHS or law enforcement

ResourcesUW Safety of Minors website:

http://f2.washington.edu/treasury/riskmgmt/compliance/minors

Dept. of Social and Health Services EndHarm website:

http://www.dshs.wa.gov/ca/safety/abuseReport.asp?2