Mandated reporters should be knowledgeable about reporting apa/pi/disability/resources/policy/maltreatment.pdf. TASH(Disability Advocacy).
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Acknowledgements The Chadwick Center and Office of Child Abuse Prevention are grateful to Eliana Gil, Ph.D., for the work she did as the origin al author of this publication. We also wish to acknowledge the following people for their contributions: Diane Nissen, MSW, Allyson Kohl, LMFT; Catharine J. Ra lph, LCSW; Kim Ralph, MSW, and Patty Lough, MSW, LCSW, Ph.D. Revised by Lisa McCulloch, LCSW Chadwick Center for Children and Families Rady Children™s Hospital
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Table of Contents Introduction The Reporting Law Identification Environmental Factors Parent/Caregiver Clues Physical Indicators (Child) Behavioral Indicators (Child) Guidelines to Determining Reasonable Suspicion Cultural Considerations Talking to Children What to Tell Parents/Caretakers Profession-Specific Information Child Care Professionals Clergy Educators Law Enforcement Medical Professionals Mental Health Professionals Children With Disabilities Major Treatment Issues (for Therapists) Frequently Asked Questions References and Resources Appendix A- Suspected Child Abuse Report (Form SS 8572) and Instructions Appendix B- Sample Confidentiality Statements and Agreement Appendix C- Chart summarizing sexual abuse repo rting requirements based on the age difference between the partner and the minor Appendix D- Statewide and National Resources Appendix E- Profession-Specific References/Resources
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Page 1 Document Title Introduction This handbook was originally written to help ment al health professionals understand the Child Abuse Reporting Law and their reporting responsibilities, and to identify and address major treatment issues. This revised edition also includes issues specific to various other professionals, specifically: child care providers, clergy, educators, law enforcement, and medical professionals. Information about working with children with disabilities and the mandated reporting process is also included. For the mandated reporter, making a report of suspected child abuse can be difficult. Concerns about how the person suspected of abusing a child will react, what the outcome will be, and whether or not the report will put the child at greater risk are often present. The best way to minimize the difficulty of reporting is to be fully prepared for the experience. Mandated reporters should be knowledgeable about reporting requirements and the process that is triggered when a report is made. Responding to suspected child abuse requires a team effort involving professionals from a vari ety of disciplines including child protection workers, law enforcement, medical personnel, and mental health professionals. Information contained in this publication is offered as an aid to mandated reporters in reporting suspected child abuse. It clarifies basic information. It is not meant to be all-inclusive or to cover all situations, nor should it be considered legal advice. Because mandated reporters include individuals in a variety of professions, it is important to be educated about protoc ols and issues specific to your profession. When in doubt about what to do in a particular situation, contact your local child welfare agency and/or law enforcement agency. Additional resources, including toll free numbers and web sites, are listed in the Appendix section. Issues and Answers for Mandated Reporters
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Page 3 Document Title 1. Why Must You Report? The primary intent of the reporting law is to protect the child. Protecting the identified victim may also provide the opportunity to protect other potential vict ims. It is equally important to provide help for the suspected abuser. The report of abuse may be a catalyst for bringing about change in the home environment, which in turn may lower the risk of abuse. 2. What is Child Abuse? Child abuse and neglect, as defined in CANRA, includes: physical abuse, sexual abuse (including both sexual assault and sexual exploitation), willful cruelty or unjustified punishment, unlawful corporal punishment or injury, and neglect (including both acts and omissions). Under current law, child abuse does not include · fiA mutual affray between minors.fl (PC 11165.6) · fiReasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer.fl (PC 11165.4) · fiAn amount of force that is reasonable and necessary for a person employed by or engaged in a public school to quell a disturbance threatening physical injury to person or damage to property, for purposes of self-defense, or to obtain possession of weapons or other dangerous objects within the control of the pupil.fl (PC 11164.5) In addition, fiA 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 parent or guardian after consultation with a physician or physicians who have examined the minor does no t constitute neglect.fl (PC 11165.2[b]) 3. What to Report The California Child Abuse and Neglect Reporting ACT (CANRA) can be found in California Penal Code Sections 11164 – 11174.3. The following is a partial de scription of the statute. Mandated reporters should become familiar with the detailed requirements as they are set forth in CANRA. Under the law, when the victim is a child (a person under the age of 18) and the perpetrator is any person (including a child), the following types of abuse must be reported by all legally mandated reporters: Issues and Answers for Mandated Reporters
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Page 4 Document Title Physical abuse (PC 11165.6) is defined as physical injury inflicted by other than accidental means on a child, or intentionally injuring a child. Child sexual abuse (PC 11165.1) includes sexual assault or sexual exploitation of anyone under the age of 18. Sexual assault includes sex acts with children, intentional masturbation in the presence of children, and child molestation. Sexual exploitation includes preparing, selling, or distributing pornographic materials involving children; performances involving obscene sexual conduct; and child prostitution. Willful cruelty or unjustified punishment (PC 11165.3) includes inflicting or permitting unjustifiable physical pain or mental suffering, or the endangerment of the child™s person or health. fiMental sufferingfl in and of itself is not required to be reported; however, it may be reported. Penal Code11166.05 states: fiAny mandated reporter who has knowledge of or who reas onably suspects that mental suffering has been inflicted upon a child or that his or her emotional well-being is endangered in any other way may report the known or suspected instance of child abuse or neglec t to an agency specified in Section11165.9fl. (The specified agencies include any police department, sh eriff™s department, county probation department, if designated by the county to receive mandated reports, or the county welfare department.) Unlawful corporal punishment or injury (PC 11165.4), willfully inflicted, resulting in a traumatic condition. Neglect (PC11165.2) of a child, whether fiseverefl or figeneral ,fl must also be reported if the perpetrator is a person responsible for the child™s welfare. It includes both acts and omissions that harm or threaten to harm the child™s health or welfare. General neglect means the failure of a caregiver of a child to provide adequate food, clothing, shelter, medical care, or supervision, where no physical injury to the child has occurred. Severe neglect means the intentional failure of a caregiver to provide adequate food, clothing, shelter, or medical care where injury has occurred or is likely to occur. Severe neglect also includes those situations of neglect where any person having the care or custody of a child willfully causes or permits the person or health of the child to be placed in a situation such that his or her person or health is endangered. Any of the above types of abuse or neglect occurring in out-of-home care must also be reported (PC 11165.5). (For a discussion of newborns with a positive toxicology screen, or for information on child abuse in relation to domestic violence, see the fiFrequently Asked Questionsfl section.) Issues and Answers for Mandated Reporters
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Page 5 Document Title 4. Who Reports? Under CANRA, legally mandated reporters include, but are not limited to · Clergy Members (i.e., a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization) · Any custodian of records of a clergy member · Child Care Providers (e.g., an administrator of a public or private day camp; an administrator or employee of public or private youth center, recreation program, or organization; a licensee, administrator, or employee of licensed community ca re or child day care facility; an employee of a child care institution (foster parents, group home personnel, personnel of residential care facilities)) · Educators (e.g., teachers; instructional aides; teacher™ s aides or assistants employed by any public or private school; classified employees of any public school; administrative officers or supervisors of child welfare and attendance, or certificated pup il personnel employees of any public or private school; any employee of a County Office of Educat ion or the State Department of Education whose duties require direct contact and supervision of children; Head Start Program teachers) · Law Enforcement (i.e., any employee of any polic e department, county sheriff™s department, county probation department, or county welfare department; peace officers; firefighters (except for volunteer firefighters); and animal control officers or humane society officers) · Medical Professionals (e.g., nurses, paramedics, EMT™s, physicians, dentists, chiropractors, alternative health practitioners, physical therapists ) · Mental Health Professionals (e.g., clinical social workers, trainees and interns; marriage, family and child counselors, trainees and interns; school counselors; psychologists, psychological assistants, and interns; alcohol and drug counselors) · Commercial Film and Photographic Print Processors A complete list of mandated reporters is provided in the California Penal Code (PC) section 11165.7. Issues and Answers for Mandated Reporters
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Page 6 Document Title 5. When Do You Report? Child abuse must be reported when one who is a legally mandated reporter fi–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–fl (PC 11166[a]). fiReasonable suspicionfl occurs when fiit is objectively reasonable for a person to entertain such a suspicion based upon facts that could cause a reasonable person in a like posit ion, drawing when appropriate on his or her training and experience, to suspect child abusefl (PC 11166[a][1]). Although wordy, the intent of this definition is clear: if you suspect, report. Reports must be made immediately, or as soon as practically possible, by phone. A written report must be forwarded within 36 hours of receiving the informatio n regarding the incident (PC 11166[a]). The written report must be submitted on a Department of Justice form (SS 8572), which can be obtained at www.ag.ca.gov/childabuse. Click on the link for forms. Forms can also be obtained from your local police or sheriff™s department (not including a school district police or security department) or a county welfare department (PC 11168) or can be prin ted from Appendix A in this manual. 6. To Whom Do You Report? The report must be made to a county welfare departme nt, probation department (if designated by the county to receive mandated reports), or to a police or sheriff™s department, not including a school district police or security department (PC 11165.9). Re ports by commercial print and photographic print processors are to be made to the law enforcement agency having jurisdiction over the case (PC 11166[e]). 7. Joint Knowledge Œ Who Reports? When two or more mandated reporters jointly have knowledge of suspected child abuse or neglect, a single report may be made by the selected member of the reporting team. Any member of the reporting team who has knowledge that the designated person has failed to report must do so him or herself (PC 11166[h]). 8. Safeguards for Mandated Reporters In order to protect mandated reporters from reperc ussions for reporting as required, CANRA includes specific safeguards as follows: § Those persons legally mandated to report suspected child abuse have immunity from criminal or civil liability for reporting as required, even if the knowledge or reasonable suspicion of the abuse or neglect was acquired outside of their professional capacity or scope of employment. Mandated reporters and others acting at their direction are no t liable civilly or criminally for photographing the victim and disseminating the photograph with the report. (P.C. 11172(a)) Issues and Answers for Mandated Reporters
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