Identifying And Reporting Child Abuse And Neglect In Mesa County, Colorado

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1 Identifying And Reporting Child Abuse And Neglect In Mesa County, Colorado In order to help the community in Mesa County understand more about child abuse and neglect and the child protection process, as well as to help individuals who are mandated by law to report suspected child abuse and neglect, the Mesa County Department of Human Services offers information on how to identify and report suspected abuse and neglect of children. The following document outlines some basic ideas and information concerning this topic as it pertains to Colorado and specifically, Mesa County. What Constitutes Child Abuse Under Colorado Law? Child Protective Services (CPS), which is a division of the Mesa County Department of Human Services, follows Title 19 of the Colorado Revised Statutes (CRS) for laws pertaining to abuse and neglect of children in the state. There are also laws pertaining to child abuse and neglect in Title 18 of the CRS, which is the criminal code used by law enforcement when determining if a criminal offense has taken place. Law enforcement and Child Protective Services often work together when investigating child abuse and/or neglect. Physical Abuse: Physical abuse is defined in CRS (1)(a)(I) as, Any case in which a child exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling, or death and either: Such condition or death is not justifiably explained; the history given concerning such condition is at variance with the degree or type of such condition or death; or the circumstances indicate that such condition may not be the product of an accidental occurrence; In summary, physical abuse is defined as any case in which a child has an identifiable or observable injury that is not the result of an accidental occurrence. Some injuries are not clearly observed on the outside of the child s body, but are identifiable through other means, such as pain or medical tests. Vulnerable areas for injury that may not be readily visible would be head trauma or abdominal injury. It is possible for children to have internal injuries to these areas without physical evidence, so it is important if a child is disclosing abuse inflicted in these areas that a report be made to CPS right away. Parents are allowed to use physical discipline, such as spanking, when disciplining their children under Colorado law, but they are not allowed to leave injuries when using physical discipline. Physical Indicators of Physical Abuse: Unexplained injuries (Bruises, burns, broken bones, cuts) Injuries in various stages of healing Injuries of unusual configuration/shape Multiple injuries Injuries in certain locations considered atypical for accidental injuries Delay in seeking medical attention for the child

2 Behavioral Indicators of Physical Abuse: Reports non-accidental injury Expresses fear of certain persons Behavioral extremes: aggression or withdrawal Wary of routine adult contact Feels deserving of punishment The story given does not match the injury/inconsistent stories Child wears inappropriate clothing for weather to cover body Sexual Abuse: Sexual abuse is defined in CRS (1)(a)(II) as, Any case in which a child is subjected to unlawful sexual behavior as defined in section (9), C.R.S.; Unlawful sexual behavior includes sexual assault or molestation, incest, sexual exploitation, prostituting of children, trafficking in children, internet sexual exploitation of children, internet luring of children, and promotion of obscenity to a minor. Physical Indicators of Sexual Abuse: Injuries to the genitals, including bruises or bleeding Pain, itching or swelling in genital area Torn, stained or bloody underclothing Vaginal/Penile discharge Sexually Transmitted Diseases Pregnancy Behavioral Indicators of Sexual Abuse: Disclosure of sexual assault Inappropriate knowledge of sexual behavior/inappropriate sexual play Poor peer relationships Child is placed in spousal role versus child role Delinquent or runaway behavior Sudden behavioral shifts Emotional Abuse: Emotional abuse is defined in CRS (1)(a)(IV) as, Any case in which a child is subjected to emotional abuse. As used in this subparagraph (IV), emotional abuse means an identifiable and substantial impairment of the child s intellectual or psychological functioning or development or a substantial risk of impairment of the child s intellectual or psychological functioning or development. Emotional abuse is often difficult to prove and can be very damaging to children long-term. In order to say that emotional abuse of a child has occurred, CPS has to have enough evidence to indicate that not only is the parent or caretaker abusive, but the abuse is having an identifiable and substantial impact on the child or there is substantial risk of impairment

3 to the child as a result of the abuse. Emotional abuse often accompanies other forms of abuse or neglect. Physical Indicators of Emotional Abuse: Speech disorders Delays in physical development Failure to Thrive Hyperactive/disruptive Sallow or empty facial appearance Behavioral Indicators of Emotional Abuse: Habit disorders sucking, biting, rocking Antisocial behavior Neurotic traits sleep disorders, inhibited play, unusual fearfulness Behavioral extremes- constant flat expression, overly compliant or aggressive Destructive What Constitutes Child Neglect Under Colorado Law? Laws pertaining to child neglect can also be found in Title 19 of the Colorado Revised Statutes. There are also laws pertaining to child neglect in Title 18 of the CRS, which is the criminal code used by law enforcement when determining if a criminal offense has taken place. Law enforcement and Child Protective Services often work together when investigating child neglect. CRS (1)(a)(III) defines child neglect as, Any case in which a child is a child in need of services because the child s parents, legal guardian, or custodian fails to take the same actions to provide adequate food, clothing, shelter, medical care, or supervision that a prudent parent would take. In addition, CRS (1) (c) states that a child is neglected or dependent if, The child s environment is injurious to his or her welfare. Basically, child neglect is a failure on the part of a caregiver to provide basic things to the child that a prudent parent would provide to keep his or her child alive, physically healthy and safe from harm. Child Protective Services breaks neglect down into six basic categories to help clarify different ways in which a caretaker may not be providing adequately for the child. These categories are as follows: Deprivation of Necessities Environment Injurious Educational Neglect Medical Neglect Failure to Protect Lack of Supervision/Supervision Inconsistent with Child s Needs Deprivation of Necessities:

4 A deprivation of necessities would be what most people think of when they think of child neglect. In this category, a caretaker would be neglecting a child by not providing necessary things like food, appropriate clothing, shelter, and a place to sleep. Environment Injurious: An injurious environment would be an environment that is unhealthy or unsafe for a child. The child may not have been harmed yet from the environment, but the environment is such that if something is not done to change the environment or circumstances, or remove the child from the environment, the child could be at risk of severe harm in the future. Some factors that could create an injurious environment for a child would be things like domestic violence, drug and alcohol abuse, and explosive behavior by the parent(s)/caretaker. The physical residence could also create an injurious environment with conditions such as a bug or rodent infestation, animals that are not properly picked up after or cared for, rotting food, access to chemicals, exposed wiring or other hazards, piles of items that could fall and injure a small child, dirty diapers, piles of trash, etc. When looking at physical health or safety hazards to a child, Child Protective Services takes into account the health or safety hazards, as well as the ages of the children in the home. Educational Neglect: Educational neglect is a situation where a child is not receiving educational services because of an action or omission of the parent, not because of the actions of the child. Child Protective Services works with the school district when dealing with allegations of educational neglect, and often these reports are first forwarded to the district attendance director for follow up, as the attendance director has the ability to follow up with the family and even pursue court action if appropriate. Medical Neglect: Medical neglect occurs when a parent or caretaker does not get a child needed medical attention, as determined by a medical professional. Medical neglect could include not getting a child treated for an injury or illness, and also could include not getting a child needed dental care of that lack of dental care is affecting the child s health, ability to eat, or if it will cause the child these kinds of problems in the future. Failure to Protect: A parent or caretaker fails to protect a child when he or she knowingly allows someone else to harm or neglect the child. Failure to protect could also occur if a parent or caretaker knowingly allows the child to be unsupervised or inadequately supervised around someone who is known to have abused or neglected children previously, or is known to be dangerous. Lack of Supervision/Supervision Inconsistent with Child s Needs: If a parent or caretaker leaves a child without adequate supervision given the child s age and developmental level, regardless of whether or not the child is injured as a result, this would be considered a lack of supervision.

5 There is no specific age at which a child can legally be left alone in the state of Colorado, and parents or caretakers must consider the choice to leave a child unsupervised for periods of time carefully. Things that need to be taken into consideration include not only the child s chronological age, but also the child s maturity level, resources, and ability to act in case of emergency. Other things to consider would be who else will know the child is alone, are there neighbors or relatives in close proximity to check on the child, is the child watching other children, does the child know where the parent or caretaker is and when they will return, and can the child contact the parent, caretaker, or other responsible adult easily if needed. The Red Cross offers babysitting classes to children beginning at age 11. The age of emancipation in Colorado is 18 years old. Parents are responsible for the care of their children until they are 18 years old. Physical Indicators of Neglect: Underweight, poor growth, failure to thrive Consistent hunger, poor hygiene, improper dress Unattended physical problems or medical needs Consistent lack of supervision Abandonment Behavioral Indicators of Neglect: Begging or stealing food Poor school attendance Constant fatigue Assumes adult responsibilities Developmental Delays not otherwise explained Who Can Report Suspected Child Abuse and Neglect in Colorado? Any person who has a reasonable suspicion of child abuse or neglect can make a report to Child Protective Services or law enforcement. CRS states that, Any person, other than the perpetrator, complicitor, coconspirator, or accessory, participating in good faith in the making of a report shall be immune from any liability, civil or criminal, or termination of employment that otherwise might result by reason of such acts of participation, unless a court of competent jurisdiction determines that such person s behavior was willful, wanton, and malicious. In other words, if you make a report of suspected child abuse and/or neglect in good faith, you will not have any civil or criminal liability resulting from the report unless you were a perpetrator or took part in some way in the abuse or neglect. In addition, you cannot be fired from your job. This civil and criminal immunity does not hold true for an individual who knowingly makes a false report of child abuse or neglect for malicious reasons. Mandatory Reporters:

6 In order to more effectively help protect children from child abuse and neglect, Colorado law has determined that individuals working within certain fields are required by law to report suspected child abuse and/or neglect. These individuals are called Mandatory Reporters. CRS (2) gives a list of these mandatory reporters, including: Physicians Child Health Associate Medical Examiner or Coroner Dentist Osteopath Optometrist Chiropractor Chiropodist or Podiatrist RN or LPN Hospital Personnel engaged in admission, care or treatment Christian Science Practitioner Public or Private School Official or Employee Social Worker or DHS Case Manager Licensed Child Care Provider Mental Health Professional Dental Hygienist Psychologist Physical Therapist Veterinarian Peace Officer Pharmacist Commercial Film Processor Firefighter Victim s Advocate Licensed Professional Counselor Licensed Marriage & Family Therapist Unlicensed Psychotherapist Clergy Member Registered Dietitian State Dept. of Human Services Worker Juvenile Parole & Probation Officers Child & Family Investigators Animal Control & Animal Protection Officers CRS (1) states that when a mandatory reporter has reasonable cause to know or suspect that a child has been subjected to abuse or neglect, or has observed the child being subjected to circumstances or conditions which would reasonably result in abuse or neglect, he or she is to immediately report the information to local Child Protective Services or law enforcement. The mandatory reporter is to follow the verbal report promptly with a written report.

7 CRS (4) states that any person who is a mandatory reporter and does not report child abuse and/or neglect to Child Protective Services or law enforcement can be charged with a class 3 misdemeanor and can be held liable for damages proximately caused by failing to report. How Do I Make A Report of Child Abuse or Neglect in Mesa County? Reports of suspected child abuse or neglect can either be made to law enforcement by calling 911 or their non-emergency telephone numbers, or they can be made to Child Protective Services on the Child Protection Hotline. In Mesa County, the Child Protection Hotline is a 24-hour hotline and the phone number is (970) If you need to make a report of suspected child abuse or neglect in another county or state and do not have the correct phone number to do so, you can call the Mesa County hotline and we can help you by either giving you the correct phone number or taking your report and forwarding the information to the correct county or state. If you make a report to the Child Protection Hotline your information is confidential. If there is a child protection emergency, please dial 911 for the quickest help possible. If you make a report of suspected child abuse or neglect, please be prepared to give as much information as you have available about the parties involved and the circumstances surrounding the alleged abuse or neglect. You may not know every piece of information asked for, but be prepared to give any information you do know. Information we try to gather in a report includes: The name, address, age, sex, and race of the child The name(s) and address(es) of the person(s) responsible for the suspected abuse or neglect The nature and extent of the child s injuries Any evidence of previous cases of known or suspected abuse or neglect of the child or the child s siblings The family composition, including any siblings The name, address and/or contact phone number, and occupation of the person making the report Relation of the person making report to the child and/or how information was obtained Any action taken by the reporting source Any other information reporting person feels is important. Remember, if you make a report to Child Protective Services, your information as the reporting party is confidential! If you have a reasonable suspicion of child abuse or neglect but have some doubts about the credibility of the child or what may have happened, you can seek additional information by asking a few questions to try and clarify the reasonableness of your suspicion; however, detailed investigations are not your duty and should be left to Child Protective Services and/or law enforcement. Please also note that just because someone denies abusing or neglecting their

8 child, this in and of itself should never be the basis for not reporting the suspected abuse or neglect. What Happens to My Report After it is Received by Mesa County Child Protective Services? Many people are concerned about what happens to their information after they call Child Protective Services. All reports or referrals of suspected child abuse or neglect received by Child Protective Services are entered into a statewide database, regardless of whether or not the information meets criteria for investigation. The only way information would not be entered into that database would be if there is not enough information to be able to enter it, meaning if we do not know any names of anyone involved. Every effort is made to obtain names if the reporting party does not know them so the report can be entered into the database. After the referral information is entered into the database, it is reviewed by Child Protection supervisory staff to determine if the information meets criteria for investigation. Criteria for investigation are based on the Colorado laws pertaining to child abuse and neglect as previously outlined. We also look at any other additional information we are able to obtain, such as previous child protection history, if the information has already been investigated, if there is already an open investigation or case, and what law enforcement reports may be available to give more detail if police were involved in an incident. If the referral information does not meet criteria for investigation, it remains in the database as history so it can be reviewed if new information is received. Some reasons a referral may not be assigned for investigation: There is no information in the referral of abuse or neglect as defined by law There is already an open investigation or case and the information is forwarded to the assigned case manager The alleged victim is 18 years old or older The family location is unknown or there is insufficient information to locate the family or proceed The report is a duplicate referral and/or has already been investigated The information is referred to another department of human services, agency or individual, such as if the alleged victim does not live in Mesa County The allegations are of third party (not within the family) abuse and the information is forwarded to law enforcement for their review The allegations are of a licensing violation (such as in a foster care placement or daycare) and the information is referred to the appropriate licensing agency The allegations are of a past incident of abuse or neglect, no current abuse or neglect alleged Custody issues What Happens in Mesa County if a Report is Assigned for Investigation?

9 Child Protection investigations are guided by federal and state law, as well as procedures set forth by state and county policies. If a report is assigned for investigation, it is first given a response time. Response times can be anywhere from immediately up to 5 working days, depending upon whether the child is in immediate danger, there is an imminent risk of danger, or if there are issues that may not pose an imminent risk of danger to the child but still need to be addressed as possible abuse or neglect issues. A case manager from the Mesa County Department of Human Services is then assigned to the investigation and follows the investigative process outlined in the law, as well as the state and county policies. The case manager may work jointly with law enforcement. The investigative process includes whenever possible: Contact with the person who made the report of suspected abuse or neglect Contact with the alleged victim through interview and/or observation, depending upon the age and developmental level of the child Contact with siblings or other children in the home Contact with the parent(s) of the alleged victim Contact with the person allegedly responsible for abuse or neglect Contact with collateral parties as appropriate, such as school teachers, counselors, medical providers, etc. Investigation Findings: Investigations conducted by Child Protective Services typically last days. If it is determined that Child Welfare needs to stay involved with the family after that time, a case will be opened to help provide oversight, case management and services. The Child Protection case manager is trying to determine a number of things during an investigation: 1) Did abuse or neglect occur? In other words, did the specific incident in question meet criteria under Colorado law to constitute abuse or neglect? Findings can be determined as follows: a. Founded: A preponderance of the evidence suggests that the abuse did occur. b. Unfounded: A preponderance of the evidence supports that the allegations did not occur. c. Inconclusive: The abuse or neglect may have occurred, but there is not a preponderance of evidence to support that it did. 2) Is/are the child(ren) safe? The case manager is not just assessing one incident, but is also trying to determine if the children are safe overall in the home or if conditions are such that the children remain in danger. For example, a mother may slap a teenager across the face because the teenager mouthed off to the mother, leaving a bruise. Under Colorado law, this incident constitutes a confirmed finding of physical abuse by Child Protective Services. This mother may have 3 children and be at her wits end, and nothing like this has ever happened before. She feels remorseful and the family may need some help working on issues surrounding the teenager s behavior, as well as the mother s reaction to the behavior. In this case, although abuse occurred, the children are probably safe in the home overall.

10 3) What is the likelihood of abuse or neglect occurring in the future? When an investigator assesses this, he or she is assessing risk factors in the home, such as domestic violence, chaotic household, physical home conditions, substance abuse, or other issues that may lead to abuse or neglect of the child(ren) in the future. What Happens After The Child Protection Investigation? After the initial investigation, different things may happen. It may be determined that the home is safe for the children, or there is not sufficient evidence to open a case at that time. In those situations no case will be opened after the initial day investigative period. If it is determined the children are not safe or there are sufficient risk factors in the home to warrant further monitoring of the situation, Child Protective Services may request that the County Attorney s Office file what is called a Petition in Dependency and Neglect (D&N) through the court. This petition basically states that Child Protective Services believes further intervention or monitoring is needed in order to help keep the children safe. Through the D&N, Child Protective Services can request Protective Supervision of the child(ren), which means that the child(ren) remain in their home and a case is opened to provide court-ordered services and oversight to the family. Child Protective Services can also request Custody of the child(ren) if it is believed the child(ren) need to be removed from their home in order to be safe. Custody can be granted by a Judge or Magistrate to Child Protective Services on an emergency basis or through a non-emergent Dependency and Neglect Petition. If an investigation is initiated and it is felt that the children are in immediate danger, law enforcement can also take emergency protective custody of children. If children go into foster care, Child Protective Services first researches all possible safe family or kin options for the children. Kin can also include emotional kin, who may not be related by blood but are individuals to whom the children have a close relationship. If children go into kinship care, Child Protective Services usually retains temporary custody of the children and the kin would become like foster parents. Sometimes an allegation may be Unfounded but the family may request help accessing services or there may be some risk factors in the home to indicate possible abuse or neglect in the future. In those cases, Child Protective Services may either help the family hook into community resources, may open a voluntary case to provide services to the family, or may make recommendations to alleviate risk factors and open a case to monitor that recommendations are followed or risk factors are alleviated in some other way. Voluntary Services:

11 Parents or legal guardians of children can request voluntary services for their child(ren) through the Mesa County Department of Human Services. A child protection investigation is NOT required in order for families to access voluntary services, and because the services are voluntary, it is required that a parent or legal guardian request them. Most often these services are provided to families where a child may be having behavioral difficulties and parents either do not know where to turn for help or do not have money or resources for help. Voluntary services may include: Family Therapy Behavioral Coaching/Mediation Parenting Skills Life Skills Home Based Services The Community Child Protection Team (CPT): The CPT meets weekly and is comprised of individuals in the community and from various community agencies and organizations. The group is designated in CRS (6)(a) of the Colorado Children s Code, and they are charged with the responsibility of reviewing the process for child protection referrals and assessments. Every week this community team evaluates all referrals during the week that come into the Child Protection Hotline and are assigned for investigation, as well as all investigative summaries where there is inconclusive or confirmed child abuse and/or neglect. The team is designed to help ensure that Child Protective Services stays on target with their responsibility to help protect children in the community. Mesa County Child Welfare Trend Data: 2008 Child Welfare Data Unduplicated Referrals Received: 2760 Referral Assessments: 1406 Confirmed Child Abuse/Neglect Victims: 361 Child Abuse Fatalities: Child Welfare Data Unduplicated Referrals Received: 3190 Referral Assessments: 1397 Confirmed Abuse/Neglect Victims: 384 Child Abuse Fatalities: Child Welfare Data as of September 1 st Unduplicated Referrals Received: 1957 Referral Assessments: 859 Confirmed Child Abuse/Neglect Victims: 200 Child Abuse Fatalities: 0

12 This document is intended to be a basic overview of identifying and reporting child abuse and neglect in Mesa County, Colorado. If you have questions about this information or other questions that were not answered in this document, you may call the Mesa County Child Protection Community Liaisons: Erica Anderson at (970) Michelle Cooley at (970) If you need to make a report of suspected child abuse or neglect in Mesa County, please call the 24-hour Child Protection Hotline at (970) To mail a report, you can send the information to: Child Protective Services PO Box 20, Grand Junction, CO