School Training TRAINING OBJECTIVES STATISTICS. How does Delaware compare? HOW TO IDENTIFY AND REPORT CHILD ABUSE AND NEGLECT IN DELAWARE

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1 HOW TO IDENTIFY AND REPORT CHILD ABUSE AND NEGLECT IN DELAWARE School Training DEVELOPED BY THE CHILD PROTECTION ACCOUNTABILITY COMMISSION (CPAC) August 2013 TRAINING OBJECTIVES Describe the reporting law and reporting procedure for the State of Delaware. Use Minimal Fact questions when indicators are observed and/or a disclosure is made. Respond appropriately when children disclose allegations of abuse or neglect. Identify what information you can expect upon making a report to the Child Abuse and Neglect Report Line. Acquire a basic understanding of the civil and criminal definitions in statute for the various types of child maltreatment. Recognize the relationship between physical and behavioral indicators and suspicion of child abuse and neglect. 2 STATISTICS How does Delaware compare? 3

2 DELAWARE S MANDATORY REPORTING LAW Any person, agency, organization or entity who knows or in good faith suspects child abuse or neglect shall make a report in accordance with 904 of this title. 16 Del. C PENALTIES FOR FAILING TO REPORT There is a penalty for not reporting. 16 Del. C Penalty for violation. a) Whoever violates 903 of this title shall be liable for a civil penalty not to exceed $10,000 for the first violation, and not to exceed $50,000 for any subsequent violation. b) In any action brought under this section, if the court finds a violation, the court may award costs and attorneys' fees. 5 CASE SCENARIO A student discloses to his teacher that his mother hit him last night with a belt. He said he was hit 10 times. The child reported that he tried to avoid the belt and was hit in the face by accident. The teacher observes the injury to the child s cheek. What s the best response? Send alleged victim to the nurse. Report incident to Principal. Use Minimal Fact Questions to obtain more details. Report abuse to Child Abuse and Neglect Report Line ( ). Do nothing. 6

3 BEST RESPONSE Teacher reports abuse to the Child Abuse and Neglect Report Line. 7 ASK MINIMAL FACT QUESTIONS If you observe physical or behavioral indicators, ask Minimal Fact Questions, such as : What happened? When did that happen? Where did that happen? Did you tell anyone what happened? Who is/are the alleged perpetrator(s)? or Who did that to you? Write down child s exact words if you must speak to child. If the child is unable to communicate, then make the report based on your observations of the physical and/or behavioral indicators. 8 CASE SCENARIO A student discloses to his teacher that he is scared to go home. The teacher is concerned since the child received a received a bad report card. What s the best response? Send alleged victim to the nurse or school counselor. Use Minimal Fact Questions to obtain more details. Report incident to Child Abuse and Neglect Report Line ( ). Do nothing. 9

4 BEST RESPONSE Send alleged victim to the nurse or school counselor. 10 ACTIONS TO AVOID 1. Do not interview the child beyond Minimal Fact Questions. 2. Do not take pictures of the injuries. 3. Do not ask the child to undress. (Exception medical providers, including school nurse.) 4. Do not notify the parent/caretaker you are making a report. 11 CHILD ABUSE REPORT LINE DIVISION OF FAMILY SERVICES CHILD ABUSE & NEGLECT REPORT LINE 24/ Spanish translation is available 24/7 12

5 INFORMATION NEEDED TO MAKE REPORT Demographics, AND Known information about the following: parents or siblings; the alleged child victim s physical health, mental health, educational status; medical attention that may be needed for injuries; the way the caregiver s behavior is impacting the care of the child; and if the child s or DFS worker s safety may be in peril. 13 THREE QUESTIONS THAT WILL BE ASKED OF THE REPORTER What are you worried about? What is working well? What needs to happen next? 14 DFS RESPONSE TO HOTLINE REPORTS The Division of Family Services receives reports for all children in the State of Delaware that have been abused or neglected. Upon receipt of the report, DFS will do one of three things: Accept the report and investigate the allegations or conduct a Family Assessment; Refer the report to law enforcement for investigation; or Document the report but not investigate the allegations. 15

6 INVESTIGATION VS. FAMILY ASSESSMENT What is the difference between an investigation and a family assessment? 16 INFORMATION DFS CAN SHARE WITH A SCHOOL REPORTER That a response was made, and whether the child is safe or the child is placed out of the home; Who is allowed to have contact with the child; Explain if there is something the school should be doing; Who the school should call if something else happens; and When the child s placement changes if the child was placed out of the home. 17 CHILD ABUSE DEFINED Physical injury through unjustified force Emotional abuse Torture Exploitation Maltreatment or mistreatment Sexual Abuse 10 Del. C. 901(1) 18

7 PHYSICAL INJURY TO A CHILD Any impairment of physical condition or pain. *Not a crime unless caused by unjustified force. 11 Del. C. 1100(j) 19 PHYSICAL INJURY TO A CHILD IS NEVER JUSTIFIED IF: A Child is Thrown, Kicked, Burned, Cut, or Hit with a Closed Fist, OR If a Parent/Caretaker Interferes with Breathing, Uses or Threatens to Use a Deadly Weapon, or Prolongs Deprivation of Food or Medication 11 Del. C CHILD ABUSE AS A CRIMINAL OFFENSE Abuse of a child is now termed child abuse instead of assault. Offers special protections to children 3 years of age or younger and children with significant intellectual or developmental disabilities. 11 Del. C

8 CASE SCENARIO A student enters your classroom with circular red marks around her wrists. What s the best response? Send alleged victim to the nurse. Use Minimal Fact Questions to obtain more details. Report abuse to Child Abuse and Neglect Report Line ( ). Do nothing. 22 BEST RESPONSE Teacher sends the alleged victim to the nurse. 23 NEGLECT DEFINED For no apparent financial reason, the parent or caretaker fails to: Provide necessary care or supervision, OR Chronically and severely abuses alcohol or a controlled substance, is not active in treatment for such abuse, and the abuse threatens the child's ability to receive care necessary for that child's safety and general well-being. 10 Del. C. 901(18) 24

9 CASE SCENARIO A student reports to her teacher that her mom was passed out last night and she could not wake her. The child appears upset. She also states that she and her brother did not eat dinner, and they have no food in the home. Both children were late to school this morning. What s the best response? Report neglect to Child Abuse and Neglect Report Line ( ). Send child to the nurse. Call mother in home. Do nothing. 25 BEST RESPONSE Teacher reports neglect to the Child Abuse and Neglect Report Line. 26 CASE SCENARIO A student reports to his teacher that last night he tied a rope around his neck because he wanted to die. What s the best response? Report neglect to Child Abuse and Neglect Report Line ( ). Call DPBHS 24-Hour Child Priority Response. Call mother in home. Do nothing 27

10 BEST RESPONSE School staff should immediately call DPBHS 24-Hour Child Priority Response (CPR): Northern NCC Southern NCC Kent & Sussex Counties SEXUAL ABUSE DEFINED "Sexual abuse" means any act against a child that is described as a sex offense in 761(h) of Title 11 including, but not limited to: Sexual Harassment Indecent Exposure Incest Unlawful Sexual Contact Dealing in Child Pornography Rape Sexual Exploitation of a Child Sexual abuse of a child by a person in a position of trust, authority or supervision 10 Del. C. 901(21) 29 DETERMINING AGE OF CONSENT FOR SEXUAL CONTACT Consensual sexual contact between two minors does not require a mandatory report, even if that sexual contact results in a pregnancy. Suspected sexual behavior by force or coercion against a minor (even by another minor) must be reported. 30

11 AGE AND CONSENT FOR SEXUAL CONTACT Under 12 years-old 12 to15 year-olds 16 and 17 year-olds *Children CANNOT legally consent to sexual contact with anyone who is in a position of trust, authority or supervision.* YEARS AND OLDER: REPORTING REMINDERS 1. Unable to consent to sexual contact due to cognitive disability, mental illness or mental impairment. 2. Force or coercion occurred on school grounds or at school function. 3. Sexual contact between a student and school employee. *Individual reports an incident of sexual abuse which occurred prior to 18th Birthday. 11 Del. C Del. C CASE SCENARIO A student discloses that she was touched by her step father on her breast. The child is in the primary residential custody of her mother, and her mother recently married her step father. What s the best response? Send child to the nurse. Call mother in home. Report sexual abuse to Child Abuse and Neglect Report Line ( ). Do nothing. 33

12 BEST RESPONSE Teacher reports sexual abuse to the Child Abuse and Neglect Report Line. 34 EMOTIONAL MALTREATMENT DEFINED Emotional abuse threats to inflict undue physical or emotional harm, and chronic or recurring incidents of ridiculing, demeaning, and making derogatory remarks. Emotional neglect - incidents of isolating/shunning, rejecting or ignoring the child. *To show harm, child must also have a diagnosed mental health condition or observable behaviors or conditions in school, home, etc. 10 Del. C. 901(10) 35 CASE SCENARIO A student discloses that his father threatened to kill him if he told his mother about his father s drinking. The teacher has also noticed that he participates less in class, interacts less with peers, and seems to be tearful at times. What s the best response? Use Minimal Fact Questions. Call mother in home. Report emotional abuse to Child Abuse and Neglect Report Line ( ). Do nothing. 36

13 BEST RESPONSE Report emotional abuse to the Child Abuse and Neglect Report Line. 37 DEPENDENCY DEFINED The parent or caretaker does not have the ability or financial means and fails to: Provide necessary care, OR Child is living in a non-related home on an extended basis. 10 Del. C. 901(8) 38 CASE SCENARIO A student is living with her boyfriend and his parents. She tells you that she is not getting along with her mother and has been living there for the past 4 months. What s the best response? Use Minimal Fact Questions. Call mother in home. Report dependency to Child Abuse and Neglect Report Line ( ). Do nothing. 39

14 BEST RESPONSE Report non-relative placement to the Child Abuse and Neglect Report Line. 40 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN DOE AND DSCYF The entire MOU can be found at: 41 TRAINING EVALUATION Please take a moment to complete our short evaluation by clicking below: 42

15 END OF TRAINING Thank you for participating in this training and for helping keep children safe. 43