CHILD PHYSICAL ABUSE

Transcription

1 Child Abuse/Neglect Definitions and Signs CHILD PHYSICAL ABUSE Definition: Physical abuse occurs when a parent or a person responsible for the child s welfare: Inflicts a physical injury to a child that is non-accidental, including bruises, bites, bone fractures, cuts, welts, and burns; Creates a substantial risk of physical harm to a child; Violates a court order that prohibits the perpetrator from having access to the child; Deliberately inflicts cruel or unusual treatment which results in physical or mental suffering by the child; Inflicts excessive corporal punishment (NOTE: If a parent or caretaker causes physical injury during overly harsh discipline, it does not matter that he or she did not intend to hurt the child.); Gives or allows a controlled substance to be given to a child under 18 years of age; Exposes the child to the manufacture of methamphetamine. Possible Signs: Some children show obvious, outward signs of abuse, such as: Unexplained marks on the body (cuts, bruises, welts, burns, black eyes, fractures or dislocations) Bruises or welts in various stages of healing, or in clusters or patterns in the shape of an object, like a belt or an electrical cord Pattern burns, such as cigarette burns, iron burns, burns in the shape of a specific object, or scald burns in an immersion pattern Marks hidden from typically exposed areas of skin Other children may show more subtle indicators, such as behavioral changes, including: Extreme vigilance or watchfulness Bullying smaller children Poor social interactions with peers Extreme fear of parents or caregivers (e.g. does not want to go home) Harming animals NOTE: You may notice some of these signs after a child has missed school, counseling, or other appointments for a period of time. However, be aware that some children will not display any overt behavioral changes. Updated 9/20/06 Page 1 of 4

2 Child Abuse/Neglect Definitions and Signs CHILD SEXUAL ABUSE Definition: Sexual abuse occurs when a parent or a person responsible for the child s welfare commits any of the following acts: Sexual penetration. This means any contact between the sex organ of one person and the sex organ, mouth, or anus of another person. Acts include vaginal, anal and oral sex. Sexual molestation of a child. This occurs when the perpetrator touches the child or asks the child to touch him for the sexual gratification or arousal of the perpetrator or the child. Examples include fondling a child or having the child fondle the perpetrator. Sexual exploitation. This is the sexual use of a child for sexual arousal, gratification, advantage or profit, as defined by DCFS. It includes child pornography, forcing a child to watch sex acts, or exposing genitals to a child. Possible Signs: sexual knowledge beyond what is age appropriate recurring pain or itching in genital or anal areas sexually transmitted diseases frequent bladder or urinary tract infections genital injury unexplained regression or fear sexual acting out behavior: Some examples of sexual acting out behavior include, but are not limited to: A child forcing another person to do things that are sexual in nature. For example, a child telling another person to take off his/her clothes or trying to forcibly undress the other person. Another example is a child who aggressively tries to touch the genitals of adults or other children and gets angry when they are prohibited from doing so. Sexual acts that children do with themselves. These may include exposing their genitals in public and getting angry when told not to do so, or touching/rubbing their own genitals to the point of hurting themselves. It is also important to assess the developmental age of the child or children and to consider any differences in power between them: When two children of the same age are involved in sexual exploration, it may be perfectly normal. It becomes a point of concern when one child uses force, bribery or threats, or when the acts show sexual knowledge that is not appropriate for the child s age. For example, it is not age appropriate for a 4-year-old child to ask another 4-year-old child to perform oral sex. Updated 9/20/06 Page 2 of 4

3 Child Abuse/Neglect Definitions and Signs Adults should be aware, not only of the age of the children, but also their developmental level and power position. If two 10-year-olds are engaged in sexual behaviors, but one of them is developmentally delayed and functioning at a 4-year-old level, you should suspect child abuse. Also, if one child is physically larger or stronger than the other child, this should raise your suspicion of child abuse. NOTE: Some children will NOT display any overt behavioral changes. Sexua l predators often abuse children in ways that do not leave physical signs, such as fondling the child, exposing themselves to the child, or having the child perform sexual acts on the adult. Even sexual penetration of a child does not always leave obvious physical signs of abuse. Updated 9/20/06 Page 3 of 4

4 Child Abuse/Neglect Definitions and Signs CHILD NEGLECT Definition: Illinois enforces minimum parenting standards. According to DCFS, neglect occurs when a parent or responsible caretaker fails to provide these minimum requirements for their child: adequate supervision medical care/attention food clothing shelter Neglect may also include significantly delaying the provision of these necessities (such as failing to take a child who has a broken bone for medical treatment). Other forms of neglect include taking illegal drugs during pregnancy, placing a child at risk of harm, or exposing a child to hazardous living conditions. Any child who is present during the manufacture of methamphetamine is considered abused and/or neglected. NOTE: Poverty does not necessarily equate with neglect. Most parents are able to provide the minimum requirements for their child. Possible Signs: Often hungry in the morning Poor hygiene Evidence of no or poor supervision Underweight, poor growth, failure to thrive Dressed inappropriately for the weather Erratic attendance at school Updated 9/20/06 Page 4 of 4

5 Illinois DCFS Flowchart How to Report Suspected Child Abuse or Neglect Organize the Information for your report. Gather ONLY the information you need to make the report of abuse/neglect to the Hotline. Remember, it is NOT your role to interview the child about the abuse. Only ask the child for information that you NEED to know, such as a brief description of the incident. Most of the other information can be gathered from sources other than the child (such as school records, family members, or a child s case file). Try to have this information available before calling: 1. Name, address and age of victim 2. Name and address of parents/caretakers and siblings 3. Relationship of caretaker to victim 4. Your observations, including specific incidents you have witnessed or the child has told you about, location and severity of injuries, any pattern of neglect or abuse, and any physical evidence 5. Any explanation provided by the child (in the child s own words) 6. Any other relevant information that would expedite the investigation, such as directions to the victim s house (especially in rural areas) or information about potential risks to the investigator. Later you will be asked to submit a written confirmation, so here are some tips for documenting: If you have a camera, taking photographs of the injury can be very helpful to the investigator. This type of documentation is particularly important when the child has a visible injury (a bruise) that may disappear or change in nature before the investigator sees it. Medical professionals may find it easier to use a body chart or draw a body to record the location and the nature (cuts, welts, burns, bruises, broken bones) of the injury. If you are a medical professional, your notes in the chart may also become part of the investigation record. Non-medical reporters should not ask a child to undress to verify that the injuries the child described are present. They should refer the child to a medical professional. In addition to your observations of the injury, write down what the child said. It is helpful to make careful notes, using the child s exact words whenever possible. DCFS has a Checklist Form that is a helpful tool for documenting. (See the Mandated Reporter Manual, Appendix B.) Updated 9/29/06 Page 1 of 7

6 Call the Hotline!!! Dial: ABUSE ( ) A TTY number for the hearing impaired is Reporters phoning from outside of Illinois should call At the Hotline, specially trained intake workers are available 24 hours a day, 365 days a year to answer calls from Mandated Reporters and others who wish to report an incident of suspected child abuse or neglect. Call Back Process During peak times, the Hotline may be receiving too many calls to answer each one immediately. If you are put on hold when you call, follow these steps: 1. Remain on the line, as the first available worker may answer you shortly. 2. If all Hotline workers are already taking calls, someone may ask to take your call back information. A call back will be made just as soon as an intake worker becomes available. 3. Try to anticipate where you will be for the next several hours and give the worker not only your present number, but any other number(s) where you may be reached at a later time. A Hotline worker will call you back. It is always important to report suspected abuse or neglect as soon as you recognize it. It is best not to wait until the end of your business day to call, as this is frequently a peak time at the Hotline. Report Information on What You ve Seen and Heard This is where you will use the information you previously organized, so have your notes handy. When a Hotline intake worker answers a call, s/he will tell you his/her name. You may want to write down the worker s name in the event you need to speak with him/ her later. Updated 9/29/06 Page 2 of 7

7 The Hotline worker will ask you a series of questions to guide you through the reporting process. Do not be concerned if you do not know the answer to every question. Provide the relevant information that you have organized; the DCFS investigator will locate missing information during the investigation. You can always call back later if/when you have additional facts you want to add to your report. While you are making the report, the Hotline worker will be searching the DCFS State Central Registry, the child abuse database, for any information that DCFS may have on the child, the family or the perpetrator. The Hotline Intake Worker Accepts Your Report The function of the Hotline worker is to determine whether the harm to the child, as described by the reporter, meets the requirements to be investigated by DCFS. It is not the job of the Hotline worker to determine whether abuse has actually occurred. This is the function of the DCFS Division of Child Protection (DCP) Investigator. If No, then: If the Hotline worker does not accept your report for investigation, you will be informed of that fact and given the reason. Typically the explanation will relate to DCFS s legal jurisdiction or to the evaluation of risk of harm to the child. If you disagree with the Hotline worker s conclusions, you may ask to speak with a Hotline supervisor. Explain the details of the case, the reasons you were given for the report being refused, and why you think the worker s assessment was inaccurate. If the Hotline worker does not accept the report of a Mandated Reporter, the information is still entered into the computer database system and maintained on file for six months. The Hotline worker will often refer you to the police (for investigation of a crime outside DCFS mandates) or to other agencies that can provide helpful services to the family or the child. As a Mandated Reporter, you may ask the Hotline worker to identify community-based resources and services that may help the child or family. In some instances, the DCFS local field office may refer the family for voluntary child welfare services. If Yes, then: When a Hotline Intake Worker takes a report, the information from the reporter is entered into the DCFS computer database system and sent electronically to the DCFS field office responsible for the area in which the child resides. An investigator will try to make contact with the victim within 24 hours or less. As a Mandated Reporter, you will be asked to supply a written confirmation of your verbal report within 48 hours. The Hotline worker will give you the fax number or address of the local DCFS office that will be investigating your report. The local DCFS Updated 9/29/06 Page 3 of 7

8 field office can provide the appropriate form for you (CANTS 4 or 5). Note that these forms may be used as evidence in any judicial proceeding that results from the incident. Investigator Determines If the Allegation Is Serious The law requires DCFS to report serious allegations to the local law enforcement agency and the State s Attorney, as possible criminal acts. These allegations include: Death Head injuries Internal injuries Wounds Torture Sexually transmitted diseases Sexual penetration Sexual exploitation Sexual molestation Failure to thrive (infants) Medical neglect of disabled infants Malnutrition If Yes, then: Serious allegations have a requirement that the local law enforcement agency and the State s Attorney by notified of the report as a possible criminal act. The investigator assigned to the case will notify law enforcement and the State s Attorney s Office, who may also contact you. The State s Attorney may decide to file criminal charges. Meanwhile, DCFS will be conducting an investigation of your report. You may be asked to provide evidence for both investigations, which often occur at the same time. For cases of sexual abuse and serious physical abuse, most counties have established team protocols for handling the investigation. Many counties have Children s Advocacy Centers ( or special child-friendly interviewing rooms for coordinating the contacts DCFS and law enforcement agencies have with child abuse victims and their families. Investigator Determines If There Are Safety Concerns For the Child Immediately after the Child Protection Investigator (CPI) contacts the child, he/she must conduct an assessment of the child s safety. This investigation typically includes meeting with the family. If Yes, then: If safety concerns are identified, the investigator must work with the family to develop and implement a safety plan. The safety plan may include temporary alternate living arrangements for the alleged perpetrator, family member or for the alleged child victim. Updated 9/29/06 Page 4 of 7

9 If safety alternatives are not available, the CPI may take temporary protective custody of the child. Two other categories of professionals are also legally authorized to take temporary protective custody of a child: police officers and medical doctors. This means these professionals can take a child from the custody of his/her parents without a court order. Within 48 hours of taking protective custody (excluding weekends and holidays), the case must be brought before the court so a judge can decide whether the child should remain in DCFS custody. An Investigator Interviews You and May Talk to Other Family Members A Child Protection Investigator (CPI) interviews you to confirm the information you reported and to ask any questions s/he may have. In addition, the CPI may talk to other family members, potential witnesses or professionals as part of the investigation. (If the abuse is a crime, a Police Investigator may interview you too.) Investigator Finds Credible Evidence That the Perpetrator Committed Child Abuse/Neglect Once the investigator completes the investigation, they must decide whether or not there was credible evidence of child abuse/neglect. If Yes, then: When the investigator finds credible evidence to support the allegation of abuse or neglect, the case is indicated. This information is entered into the Department s central computer database system. That means if someone calls the Hotline in the future about the same alleged victim or perpetrator, the Hotline Worker will be able to reference this indicated finding. When appropriate, DCFS workers will suggest follow-up services to stabilize the family and to protect the child. A family has the right to refuse such services. If the caseworker believes that such a refusal jeopardizes the child s welfare and safety, the worker may file a neglect or abuse petition in the Juvenile Court. Many services are available to families with an indicated finding of child abuse. The parents may receive counseling or assistance in developing parenting or homemaking skills. Parents with substance abuse problems, mental illness, or difficulty controlling their anger may receive referrals to specialized agencies. When the harm or risk to the child is so severe that it is not safe to leave the child in the parents care, the child may be placed in a foster home or with relatives while DCFS attempts to rehabilitate the family. If No, then: Mandated Reporters will receive notification that a report is unfounded. If you disagree with this finding, you may request a review of the investigation within 10 days of receiving the notice. The steps for requesting this type of review are described in the notification letter. Updated 9/29/06 Page 5 of 7

10 Unfounded reports made by Mandated Reporters are retained for various periods of time: If the allegation is serious (sexual abuse, serious physical injury, or death), the report is kept for 3 years. Records of less serious abuse reports are kept for 1 year. Neglect reports are retained for 60 days on the state computer database. Note that even when a report against a parent is unfounded, DCFS frequently refers the parent to child welfare agencies that may be able to provide services or resources to help the family. In Cases of Serious Abuse, DCFS Sends a Report of Indicated Findings to the Child s Public School A copy of the Mandated Reporter s written confirmation, the police report (if available), and the notification of indicated report should be kept in the child s temporary school record. If the report is unfounded, the notification letter and any document referencing that report should be removed from the child s school record. As a Mandated Reporter, you will receive a letter. (NOTE: See following pages for the graphic flowchart.) Updated 9/29/06 Page 6 of 7

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12 DEALING WITH CHILD ABUSE OR NEGLECT DISCLOSURE TIP SHEET (from a child s perspective) Use words I will understand Always use age-appropriate words. Never say you'll keep this a secret Never promise the child that you will keep what they tell you a secret. Explain to the child your role is to ensure she is safe. Don't tell everyone Although you cannot promise to keep the information a secret, you should assure the child that you will not share this information with her peers or anyone who really does not need to know about it to keep her safe. Explain you still care about me Reassure the child that what she told you will not change the way you feel about her. Children are often afraid that you will think they are bad, or that what happened to them was their fault. Disclosure may be difficult for me Always keep in mind how difficult it has been for the child to tell you this. Remember: They may have been threatened not to tell. They may feel embarrassed or ashamed. They may have tested others and decided it was not safe to disclose. They will be watching your reaction very carefully. As often as possible, try to keep the child informed about what will happen next. She will likely be very anxious. If appropriate, let the child know you will be calling DCFS and explain that it is the job of DCFS to keep children safe. Find out answers for me The child will probably have lots of questions about what will happen that you cannot answer. Don't make up an answer. It's OK to tell the child that you don't know what will happen. It may help to tell the child that you know this is hard for her. Updated 9/18/06