A Guide For Mandaed Reporers In Recognizing And Reporing Child Abuse And Neglec
A Guide For Mandaed Reporers In Recognizing And Reporing Child Abuse And Neglec Commonwealh of Virginia Deparmen of Social Services Child Proecive Services
Table of Conens Inroducion...1 Recognizing Child Abuse And Neglec...3 Wha Are The Legal Definiions Of Child Abuse and Neglec?... 3 Wha Are The Types And Indicaors Of Child Abuse And Neglec?... 3 The Fine Line Beween Abuse And Discipline... 13 Quesionable Child Abuse And Neglec Siuaions...15 Corporal Punishmen... 15 Disinguishing Abuse... 15 Unsupervised Or Lachkey Children... 16 Failure To Obain Medical Care... 17 Some Repors Are Ouside The Scope Of Child Abuse/Neglec In Virginia...19 Educaional Neglec... 19 Lack Of Immunizaions And Prevenaive Healh Care... 19 Failure To Use Sea Bel Resrains As Required By Law... 19 Non-Careaker Sexual Abuse... 19 Abuse Did No Occur In Virginia And The Abuser Does No Live In Virginia... 19 Povery... 19 Reporing Child Abuse And Neglec...21 Why Should I Repor?... 21 Who Mus Repor?... 21 When Should I Repor?... 22 Wha Informaion Will I Be Asked To Provide?... 22 Wha If I Do No Repor?... 23 Wha If I Am No Sure?... 23 Wha If The Abuse Occurred In The Pas?... 23 Should I Tell The Parens I Made A Repor?... 23 A Guide For Mandaed Reporers In Recognizing And Reporing Child Abuse And Neglec
Quesions And Concerns Abou Reporing Suspeced Child Abuse And Neglec...25 The Belief Tha Nohing Will Be Done... 25 Confidenialiy Issues... 25 Responding To The Child...27 How Should I Respond To A Child Who Repors Being Abused Or Negleced?... 27 Techniques For Ineracing Wih An Abused/Negleced Child... 27 The Child Proecive Services Response...29 Wha Happens Afer I Make A Repor?... 29 Family Assessmen Response... 29 Invesigaion Response... 30 CPS Auhoriies To Conduc Family Assessmen Or Invesigaion...33 Release Of Records To Child Proecive Services... 33 Inerviewing Child Wihou Parenal Consen And Ouside The Presence Of The Parens... 33 Phoographs And X-Rays... 33 CPS Services May Be Provided To The Family...35 Wha If The Child Mus Be Removed From Home?... 35 Will I Receive Feedback From Child Proecive Services?...36 A Guide For Mandaed Reporers In Recognizing And Reporing Child Abuse And Neglec
Inroducion While everyone should o be concerned abou child abuse and neglec, cerain professionals and oher individuals are required by law o repor suspeced child abuse and neglec. These maerials are designed o assis hose persons who are mandaed o repor suspeced child abuse and neglec. Parens have a fundamenal righ o raise heir children and our communiy presumes ha parens will ac in heir children s bes ineres. When parens do no proec children from harm and pu hem a risk of abuse or neglec, he communiy has a responsibiliy o inervene o proec he healh and welfare of children. Child abuse and neglec occurs in all culural, ehnic, occupaional, and socioeconomic groups. There are cerain known facors which, when combined, increase he likelihood of child abuse or neglec. They may include: Parenal predisposiion owards malreamen (perhaps as a resul of being abused or negleced as a child); Sress wihin he home due o marial, employmen, financial, or oher problems; Parenal subsance, alcohol, or drug abuse; Lack of knowledge of child developmen; unrealisic expecaions of children; inadequae parening skills; Low self eseem, poor impulse conrol, low level of frusraion olerance, isolaion from he suppor of family and friends; Disabiliies, which increase he risk of abuse and neglec for children. A Guide For Mandaed Reporers In Recognizing And Reporing Child Abuse And Neglec 1
Recognizing Child Abuse And Neglec Wha Are The Legal Definiions Of Child Abuse And Neglec? Secion 63.2-100 of he Code of Virginia defines an abused or negleced child as any child under 18 years of age whose paren or any person responsible for his or her care* (such as a child care provider, foser paren, or anyone responsible for he welfare of a child receiving residenial care a an insiuion): Causes or hreaens o cause a nonaccidenal physical or menal injury; Has a child presen during he manufacure or aemped manufacure of a conrolled subsance or during he unlawful sale of such subsance where such aciviy would consiue a felony violaion; Neglecs or refuses o provide adequae food, clohing, sheler, emoional nururing, or healh care; Abandons he child; Neglecs or refuses o provide adequae supervision in relaion o a child s age and level of developmen; Knowingly leaves a child alone in he same dwelling wih a person, no relaed by blood or marriage, who has been conviced of an offense agains a minor for which regisraion is required as a violen sexual offender; or Commis or allows o be commied any illegal sexual ac upon a child, including inces, rape, indecen exposure, prosiuion, or allows a child o be used in any sexually explici visual maerial. In addiion, newborn infans who have been medically diagnosed for exposure o nonprescripion, conrolled subsances during pregnancy are also considered o be a risk of abuse or neglec. Healh care providers are required o repor hese children. *NOTE: Virginia law requires ha mandaed reporers repor all cases of suspeced child abuse or neglec o child proecive services regardless of he abuser/neglecor s relaionship o he child. Wha Are The Types And Indicaors Of Child Abuse And Neglec? Many people hink ha child abuse is limied o physical harm. In realiy, child abuse includes: physical abuse; physical neglec; sexual abuse; and emoional/menal malreamen. Physical injuries, severe neglec, and malnuriion are more readily deecable han he suble, less visible injuries which resul from emoional/menal malreamen or sexual abuse. However, all ypes of abuse and neglec may endanger or impair a child s physical or emoional healh and developmen. Mos child abuse and neglec is no a one ime even, bu more ofen occurs in a paern over ime. Many children are subjec o more han one form of malreamen. A Guide For Mandaed Reporers In Recognizing And Reporing Child Abuse And Neglec 3
Physical Abuse Physical abuse is defined as any ac which, regardless of inen, resuls in a non-accidenal physical injury. Infliced physical injury mos ofen represens unreasonably severe corporal punishmen. This may happen when he paren is frusraed or angry. Inenional, deliberae assauls, such as burning, biing, cuing, and he wising of limbs, are also included in his caegory. The sale of drugs by a careaker in he presence of a child can pose a hrea o he child s safey due o srangers in and ou of he home and he possibiliy of firearms or oher weapons bring presen. Manufacuring drugs, especially in mehampheamine laboraories can expose children o serious oxins. A combinaion or paern of indicaors should aler you o he possibiliy of physical abuse. Physical Indicaors Quesionable Bruises And Wels: Quesionable Burns: Quesionable Fracures: Quesionable Cus, Scrapes, Scraches, Laceraions Or Abrasions: On face, lips, mouh, orso, back, buocks, highs; Injuries in various sages of healing; Clusered injuries ha form regular paerns, which reflec he shape of aricle (elecric cord, bel buckle) used o inflic injury; Injuries ha seem o regularly appear afer absence, weekend, or vacaion; or Human bie marks. Cigaree burns, especially on soles, palms, back, or buocks; Immersion burns (sock-like, glove-like, doughnu shaped on buocks or genialia) paerned like elecric burner, iron, ec.; or Rope burns on arms, legs, neck, or orso. To skull, nose, facial srucure; Fracures in various sages of healing; or Muliple or spiral fracures. To mouh, lips, gums, eyes; or To exernal genialia. 4 Recognizing Child Abuse And Neglec
Child Behavioral Indicaors Uncomforable wih physical conac; Wary of adul conacs; Apprehensive when oher children cry; Exhibis behavioral exremes; Aggressiveness or wihdrawal; Frighened of parens; Afraid o go home; Repors being injured by parens or oher careaker; Complains of soreness or moves uncomforably; Wears clohing inappropriae for he weaher o cover injuries; Relucan o change clohes (aemps o hide injuries, bruises, ec.); or May be a chronic runaway. Careaker Characerisics Has a hisory of being abused as a child; Uses harsh discipline inappropriae o child s age, he misbehavior, and he condiion in which he misbehavior occurred; Offers illogical, unconvincing, conradicory, or no explanaion of child s injury; Significanly misperceives child (e.g. sees him as bad, supid, differen, ec.); Has a serious menal healh condiion or exhibis a psychoic or psychopahic personaliy; Fails o keep child s medical appoinmens; Misuses alcohol or oher drugs; Aemps o conceal child s injury or o proec ideniy of person responsible; Has unrealisic expecaions of child ha are beyond child s age or abiliy; Allows a child o be presen during he manufacure or sale of conrolled subsances; Demonsraes insufficien parening skills; Demonsraes poor coping skills; Has anger managemen difficulies; or Has a hisory of domesic violence, as vicim or perperaor. Recognizing Child Abuse And Neglec 5
Physical Neglec Physical neglec is defined as he failure o provide for a child s physical survival needs o he exen ha here is harm or risk of harm o he child s healh or safey. Physical neglec is ofen chronic in naure. Physical neglec may include, bu is no limied o: Abandonmen; Lack of supervision; Lack of adequae bahing and good hygiene; Lack of adequae nuriion; Lack of adequae sheler; Lack of medical or denal care; or Knowingly leaving a child alone wih a person who is no relaed by blood or marriage o he child, and who is required o regiser as a violen sex offender. A combinaion or paern of indicaors should aler you o he possibiliy of physical neglec. Physical Indicaors Consisenly diry and has severe body odor; Lacks clohing ha is adequae for he weaher; Has unaended healh or medical needs, such as denal problems, hearing problems, or vision problems; May live in unsafe or exremely diry homes; Consisen lack of supervision, especially when involved in dangerous aciviies or for long periods of ime; or Has been abandoned by paren or guardian. 6 Recognizing Child Abuse And Neglec
Child Behavioral Indicaors Begs for or seals food or money; Exended says a school (early arrival and lae deparure); Demonsraes consan faigue, lislessness, or falling asleep in class; Saes here is no one a home o provide care; Abuses alcohol or drugs; or Frequenly absen from school. Careaker Characerisics Appears o be indifferen o he child; Seems apaheic, depressed; Is abusing alcohol or oher drugs; Behaves irraionally or in a bizarre manner; May exhibi sympoms of menal illness or diminished inelligence; Mainains chaoic home; Has a hisory of being abused or negleced as a child; May hoard food or oher maerials ha make house unsafe; Demonsraes insufficien parening skills; Demonsraes poor coping skills; Consisenly fails o keep medical appoinmens for a child wih disabiliies or chronic healh care condiion; Has unrealisic expecaions of child ha are beyond child s age or abiliy; or Knowingly leaves a child alone wih a person, who is no relaed by blood or marriage, who is required o regiser as a violen sex offender. Recognizing Child Abuse And Neglec 7
Sexual Abuse Sexual abuse is defined as acs of sexual assaul and sexual exploiaion of minors. Sexual abuse encompasses a broad range of behavior and may consis of many acs over a long period of ime or a single inciden. Sexual abuse is generally perperaed by someone known o he child and ofen does no involve violence. Boh boys and girls are vicims of sexual abuse. The naure of sexual abuse, he shame of he child vicim, and he possible involvemen of rused parens, sepparens, or oher persons in a careaker role makes i exremely difficul for children o come forward o repor sexual abuse. Sexual abuse includes: Inces; Rape; Inercourse; Oral-genial conac; Fondling; Sexual proposiions or enicemen; Indecen exposure; Child pornography; or Child prosiuion. A combinaion or paern of indicaors should aler you o he possibiliy of sexual abuse in boh male and female children. Child Physical Indicaors Has difficuly walking or siing; Has orn, sained, or bloody underclohing; Has pain or iching in genial area; Has bruises or bleeding in exernal genialia, vaginal, or anal areas; Has a sexually ransmied disease, especially in pre-eens; or Becomes pregnan a a young age. 8 Recognizing Child Abuse And Neglec
Child Behavioral Indicaors Shows relucance o change clohes for physical educaion classes or oher recreaional aciviies; Engages in highly sexualized play, ha is differen from age-appropriae form of exploraion; Demonsraes an exreme fear of males (or females); Has a sudden drop in school performance; Has sleep problems or nighmares; Bizarre or unusual sexual behavior or knowledge; Deailed and age-inappropriae undersanding of sexual behavior (especially younger children); Exhibis an older, more worldly appearance/behavior han peers; Seems hreaened or afraid of physical conac; Receives unexplained money or gifs ; Sudden noiceable changes in behavior; Abuses alcohol or drugs; Exhibis delinquen behavior; May repeaedly se fires; May aemp suicide or oher self-injury behavior; or May have eaing disorders. Careaker Characerisics Exremely proecive or jealous of child; May have been sexually abused as a child; Misuses alcohol or oher drugs; Non-abusing careaker/spouse is frequenly absen from he home, permiing access o child by abusing careaker/spouse; Shows favoriism o child, e.g. gifs, money, aenion, privileges; or May have marial problems. Recognizing Child Abuse And Neglec 9
Jus as physical injuries can scar and incapaciae a child, emoional malreamen can similarly damage a child emoionally, behaviorally, and inellecually. Varying degrees of emoional and behavioral problems are common among children who have been emoionally abused. Emoional/menal malreamen can include paerns of: Emoional/Menal Abuse or Neglec Verbal assauls (e.g., screaming, inimidaing, rejecing, ridiculing, blaming, sarcasm); Ignoring and indifferen behavior o children; or Consan family conflic. Emoional abuse can be seen as a self-fulfilling prophecy. If a child is degraded enough, he child will begin o live down o he image communicaed by he abusing paren or careaker. Cases of emoional abuse are difficul o prove. A cause and effec relaionship beween he paren or careaker s acs and he child s response mus be esablished. These children should be referred for evaluaion and reamen as soon as possible. A combinaion or paern of indicaors should aler you o he possibiliy of emoional/menal abuse or neglec. Physical Indicaors May have frequen somach aches, head aches or unexplained weigh flucuaions; May have speech disorders; May lag in physical developmen; May have a non-organic, failure-o-hrive medical diagnosis; or May have learning problems. 10 Recognizing Child Abuse And Neglec
Child Behavioral Indicaors Exhibis age-inappropriae behaviors such as humb sucking, biing, head banging or rocking; Exhibis neuroic rais such as sleep disorders, inhibiion of play; Exhibis exreme behaviors such as over compliance, passiviy, aggression, wihdrawal or inappropriae affec for he siuaion; Exhibis overly adapive behavior such as inappropriae adul behavior; Exhibis emoional or inellecual developmenal delays; Exhibis eiher general or selfdesrucive behavior; Exhibis cruel behavior or may seem o ge pleasure from huring ohers and/or animals; Exhibis delinquen behavior; May abuse alcohol or drugs; or May have eaing disorders. Careaker Characerisics Blames or beliles child; Ignores or rejecs child; Wihholds love from child; Shows favoriism among siblings; Demonsraes a negaive or apaheic aiude owards child; Seems unconcerned abou child s problems; Makes unreasonable demands or has unrealisic expecaions of he child based on he child s developmenal capabiliy; or Has a hisory of domesic violence as vicim or perperaor. Recognizing Child Abuse And Neglec 11
Parenal Aiudes As Indicaors A good deal of imporan informaion can be gahered from rouine conversaions wih parens. They will ofen reveal deails of family life, discuss discipline, and may even reques help wih a problem. Conversaions wih parens can also reveal how hey feel abou heir child. The abusive or neglecful paren may: Expec Too Much Parens who make unrealisic demands on a child for early conrol of feeding, sleeping, and eliminaion habis may complain excessively abou he child s poor able manners, defiance a bedime, or deliberae soiling. Parens who complain frequenly ha a child cries excessively for no good reason. Parens who consisenly aribue unrealisic or inappropriae moives o an infan s behavior, e.g., He knows i makes me mad, bu he does i anyway. Parens who assign adul aciviies o he child. Parens who have negaive or apaheic aiudes oward he child. Parens who seem indifferen o, deny, or are annoyed by injury, illness, or developmenal delays in heir child. Parens who do no seem sensiive o heir child s basic needs for food, sheler, clohing, or medical care. Parens who scapegoa one child as being differen or bad. Parens who become excessively angry a he child s performance or conduc. 12 Recognizing Child Abuse And Neglec
The Fine Line Beween Abuse And Discipline In order for children o grow up and become producive members of sociey, subjec o sociey s norms, values, and rules, all children need discipline. Discipline is a learning process designed o each appropriae behaviors. The inen of he reporing law is no o inerfere wih appropriae parenal discipline, bu o respond o exreme or inappropriae parenal acions. Acions ha are excessive or forceful enough o leave injuries may be considered abusive. Unlike discipline, abuse is no a learning process. I is designed o sop behavior hrough inflicing pain. I does no each alernaive, correc behavior. Therefore, abused children do no learn correc behavior. They learn o avoid punishmen. Recognizing Child Abuse And Neglec 13
Quesionable Child Abuse And Neglec Siuaions Corporal Punishmen The use of corporal punishmen on children by parens is no illegal in Virginia. Mos professionals agree ha physical punishmen is no he mos desirable or effecive mehod o use wih children. The excessive use of corporal punishmen eaches children o resolve conflics violenly and o use physical power raher han reason o obain resuls or express anger. Excessive corporal punishmen can easily resul in uninended injury (ies) o a child due o he difference in size beween an adul and a child, he presence of anger, and he use of force. Corporal punishmen is no permied in public schools, foser homes, group homes and oher child caring insiuions. Disinguishing Abuse From Acciden The very naure of childhood invies accidens. Children are curious and fearless. They run, climb, jump, and explore. A child s moor skills usually oupace cogniive skills allowing him/her o approach danger wihou recognizing i. When observing an injury you suspec migh be he resul of abuse, consider: Locaion of he injury: Cerain locaions on he body are more likely o susain accidenal injury. They include he knees, elbows, shins, or forehead. Proeced body pars and sof issue areas, such as he back, highs, genial area, buocks, back of he legs, or face, are less likely o accidenally come ino conac wih objecs ha could cause injury. Number and frequency of injuries: The greaer he number of injuries, he greaer he cause for concern. Unless he child is involved in a serious acciden, he/she is no likely o susain a number of differen injuries accidenally. Muliple injuries in differen sages of healing may indicae abuse. Size and shape of he injury: Many non-accidenal injuries are infliced wih familiar objecs: a sick, a board, a bel, or a hair brush. The injury could also be a handprin. These marks bear srong resemblance o he objec ha was used. Accidenal marks resuling from bumps and falls usually have no defined shape. A Guide For Mandaed Reporers In Recognizing And Reporing Child Abuse And Neglec 15
Descripion of how he injury occurred: If an injury is accidenal, here should be a reasonable explanaion of how i happened ha is consisen wih he appearance of he injury. When he descripion of how he injury occurred and he injury are inconsisen, here is cause for concern. For example, i is no likely ha a fall off a chair ono a rug would produce bruises all over he body. Consisency of injury wih he child s developmenal capabiliy: As a child grows and gains new skills, his/her abiliy o engage in aciviies which can cause injury increases. A oddler rying o run is likely o suffer bruised knees and a bump on he head. He/she is less likely o suffer a broken arm han is an eighyear-old who has discovered he joy of climbing rees. A wo-week-old infan does no have he movemen capabiliy o self-inflic a bruise. Remember ha accidens happen: When assessing an injury, consider wheher he child is developmenally capable of causing his or her own injuries. Also consider he child s size and wheher he/she is able o generae sufficien force o creae injury. Parens are no perfec. Injuries occur ha migh have been avoided. Neverheless, here is cause for concern when injuries recur and/or he explanaion is inconsisen wih he injury or he child s developmenal abiliies. Unsupervised Or Lachkey Children The laws of Virginia do no se a specific age for when a child legally can say alone. Age alone is no a very good indicaor of a child s mauriy level. Some very maure 10-year-old children may be ready for self care while some 15-year-old children may no be ready due o emoional problems or behavioral difficulies. In deermining wheher a child is capable of being lef alone and wheher a paren is providing adequae supervision in lachkey siuaions, child proecive services (CPS) will assess several areas. These areas include: Child s level of mauriy: CPS will wan o assess wheher he child is physically capable of aking care of him/herself; is menally capable of recognizing and avoiding danger and making sound decisions; is emoionally ready o be alone; knows wha o do and whom o call if an emergency arises; and has no special physical, emoional, or behavioral problems ha make i unwise o be lef alone. I is imporan o noe ha a child who can ake care of him/herself may no be ready o care for younger children. Accessibiliy of hose responsible for he child: CPS will wan o deermine he locaion and proximiy of he parens, wheher hey can be reached by phone and can ge home quickly if needed, and wheher he child knows he parens locaion and how o reach hem. 16 Quesionable Child Abuse And Neglec Siuaions
The siuaion: CPS will wan o assess he ime of day and lengh of ime he child is lef alone; he safey of he home or neighborhood; wheher he parens have arranged for nearby aduls o be available in case a problem arises; and wheher here is a family hisory of child abuse or neglec. NOTE: Some localiies have ordinances concerning he age a which a child may be lef wihou supervision. Please check wih your local couny or ciy office o find ou if your localiy has an ordinance governing he age a which a child can be lef unsupervised. Failure To Obain Medical Care Failure of he paren or careaker o provide needed healh care reamen for a condiion which, if unreaed, could resul in illness, developmenal delays, or endangermen can be repored o CPS as suspeced medical neglec. Children a increased risk for medical neglec and for whom he consequences are serious include children wih medically diagnosed diseases or disabiliies, and children under he care of a physician, sub-specialis or allied healh care specialis due o a medical diagnosis. Failure o obain reamen, however, mus be considered in ligh of: The availabiliy of resources; The paren s financial abiliy o provide he reamen; The paren s culural and religious beliefs; or The consequences of failure o obain needed medical care. Parenal failure o obain needed medical care due o ignorance, misundersanding or povery is ouside he scope of he CPS program. Before you conac CPS abou hese siuaions, i is imporan o offer he parens services such as counseling, informaion and referral, and/or financial aid o secure he needed medical reamen. Quesionable Child Abuse And Neglec Siuaions 17
Some Repors Are Ouside The Scope Of Child Abuse/Neglec In Virginia The Deparmen of Social Services believes ha he well-being of children is a shared communiy concern; however, some siuaions are no appropriae for CPS inervenion. Under Virginia law, some repors of suspeced child abuse and neglec are ouside he scope of he Child Proecive Services Program and canno be acceped for family assessmen or invesigaion. These include: Educaional Neglec CPS does no have he auhoriy o inervene when he child is ruan from school. These issues are addressed by he school sysem. Lack Of Immunizaions And Prevenaive Healh Care CPS inervenes in medical neglec cases only in siuaions of imminen danger o he child s healh and safey. Immunizaions and well-baby examinaions are considered prevenaive medicine, no reamen. The decision o obain prevenaive healh care is a parenal decision. Failure o provide immunizaions or prevenaive medical care does no consiue abuse or neglec under Virginia laws. Failure To Use Safey Bel Resrains In Moor Vehicles As Required By Law Virginia law requires he use of safey resrains for children in moor vehicles. The inen of he law is o proec children from serious injury in he even of an acciden. This is a civil law wih designaed fines and penalies. Law enforcemen auhoriies are responsible for enforcing his law. Non-Careaker Sexual Abuse Children can be sexually abused by a person who is no in a careaker role. This includes sexual abuse of a child by anoher child. These repors should be made o he local law enforcemen agency in your communiy. If here is reason o suspec he sexual abuse occurred due o lack of supervision by a careaker, ha repor should be made o CPS. Abuse Did No Occur In Virginia And The Abuser Does No Live In Virginia The Virginia CPS program does no have jurisdicion o invesigae a repor of child abuse ha occurred in anoher sae and he alleged abuser does no live in Virginia. These repors are made o he sae in which he abuse occurred. The local deparmen of social services in Virginia can assis in he invesigaion if requesed by he oher sae. Alhough CPS canno conduc an invesigaion of hese siuaions, he local agency can refer he child and family for services if needed. Povery Povery can pu children a risk, bu is no in iself a valid CPS repor. Ofen hese families need considerable communiy suppor o subsis. If a family is uilizing he available resources, a local agency will no be likely o accep such repors of lack of food, clohing and sheler for CPS. A Guide For Mandaed Reporers In Recognizing And Reporing Child Abuse And Neglec 19
Reporing Child Abuse And Neglec Why Should I Repor? The purpose of mandaed reporing is o idenify suspeced abused and negleced children as soon as possible so ha hey can be proeced from furher harm. Child proecive services canno ac unil a repor is made. As a mandaed reporer, you play a criical role in prevening any fuure harm o children. Wihou deecion, reporing, and inervenion, hese children may remain vicims for he res of heir lives. Abused children don jus grow up and forge heir childhood. They can carry physical and emoional scars hroughou heir lives, and may repea he paern of abuse or neglec wih heir own children. Who Mus Repor? Anyone can repor suspeced child abuse or neglec, bu if you are idenified in he Code of Virginia as a mandaed reporer or you have received raining in recognizing and reporing suspeced child abuse and neglec, you are required by law o immediaely repor your concerns o he local deparmen of social services or o he Child Abuse and Neglec Holine. The Child Abuse and Neglec Holine number is 1-800-552-7096. Under Virginia law, cerain professionals are required o repor when acing in a professional capaciy. These professionals include: Persons licensed o pracice medicine or any of he healing ars; Hospial residens or inerns; Persons employed in he nursing profession; Social workers; Eligibiliy workers in a local deparmen of social services; Probaion officers; Teachers or oher persons employed in a public or privae school, kindergaren, or nursery school; Persons providing full or par-ime child care for pay on a regular basis; Menal healh professionals; Law enforcemen officers; Professional saff persons employed by a public or privae hospial, insiuion, or faciliy in which children are placed; Persons 18 years or older associaed wih or employed by any public or privae organizaion responsible for he care, cusody, and conrol of children; Mediaors cerified o receive cour referrals; Voluneer Cour Appoined Special Advocaes (CASA); Persons employed by public or privae insiuions of higher educaion oher han aorneys employed by insiuions of higher educaion as i relaes o informaion gained in he course of providing legal represenaion o a clien; Ahleic coaches, direcors or oher persons 18 years of age or older, employed by or voluneering wih a privae spors organizaion or eam; A Guide For Mandaed Reporers In Recognizing And Reporing Child Abuse And Neglec 21
Repors can also be made o he Child Abuse and Neglec Holine (1-800-552-7096), seven days a week, 24 hours a day. Adminisraors or employees, 18 years of age or older, of public or privae day camps, youh ceners and youh recreaion programs; and Any person 18 years of age or older, who has received raining approved by he Deparmen of Social Services for he purposes of recognizing and reporing child abuse and neglec. This reporing requiremen shall no apply o any regular miniser, pries, rabbi, imam, or duly accredied praciioner of any religious organizaion or denominaion usually referred o as a church as i relaes o (i) informaion required by he docrine of he religious organizaion or denominaion o be kep in a confidenial manner or (ii) informaion ha would be subjec o 8.01-400 or 19.2-271.3 if offered as evidence in cour. Names and ages of oher persons who live wih he child and heir relaionship o he child; Wheher or no here is a family member who can proec he child; Name, address, and elephone number of he suspeced abuser and his/her relaionship o he child; Naure and exen of he abuse/neglec, including any knowledge of prior malreamen of he child or siblings; Any special language needs of he family; Any child or adul developmenal issues; Wheher he child has a disabiliy and he ways in which he disabiliy affecs he child s funcioning and care; Any oher perinen informaion; and Your name, address, and phone number. When Should I Repor? When you suspec ha a child is being abused or negleced, you should immediaely repor your concerns o he local deparmen of social services in your communiy. Local social services deparmens are open during dayime business hours. A lis of local deparmens of social services, addresses and phone numbers is available a hp://www.dss. virginia.gov/ localagency Wha Informaion Will I Be Asked To Provide? When making a repor, i is helpful o provide as much informaion as possible. Name, address, and elephone number of he child and parens or oher person(s) responsible for he child s care; Child s birh dae or age, sex, and race; If you give your name when you repor, i will be documened ha you have me your legal obligaion o repor he suspeced child abuse and neglec. You may repor anonymously, bu you are encouraged o give your name. This makes i possible for he child proecive services worker o conac you laer if addiional informaion is needed. Providing your name will also enable he child proecive services worker o inform you of he oucome of your referral. NOTE: There is a provision in he Code of Virginia ha allows cerain mandaed reporers o esablish procedures o permi reporing he suspeced child abuse or neglec o he head of he insiuion or deparmen or his designee who mus hen make he repor o he local deparmen of social services. The law requires ha person o advise he iniial reporer when he repor was made, he name of he person receiving he repor and o provide any communicaion resuling from he repor, including any acions aken, o he iniial reporer. 22 Reporing Child Abuse And Neglec
Wha If I Do No Repor? Liabiliy Of The Reporer Secion 63.2-1512 of he Code of Virginia proecs a person, who eiher makes a CPS repor or paricipaes in a cour hearing ha resuls from a CPS repor, from criminal and civil liabiliy unless i is proven ha he person aced wih malicious inen. Penaly For Failure To Repor Mandaed reporers who fail o repor suspeced child abuse or neglec, as soon as possible bu no longer han 24 hours afer having reason o suspec a reporable offense, shall be fined no more han $500 for he firs inciden and $1,000 for any subsequen incidens. Failure o repor acs of rape, sodomy or objec peneraion may resul in being charged wih a Class 1 misdemeanor. All such incidens are referred o he local commonwealh s aorney. Wha If I Am No Sure? You should discuss he siuaion wih your local deparmen of social services, child proecive services uni, or wih saff a he Child Abuse and Neglec Holine. If a child has old you abou abuse or neglec, his is enough for you o call. I is beer o make your concerns known han o remain silen and possibly allow a child o remain unproeced. However, if you have acual knowledge ha he same maer has already been repored o he local deparmen of social services or sae holine, you do no have o repor. Wha If The Abuse Occurred In The Pas? Any case of suspeced child abuse or neglec, where he vicim is under age 18 a he ime of he repor mus be repored even if he abuse/neglec occurred in he pas. The child proecive services worker will evaluae he siuaion o deermine wheher CPS inervenion is warraned a he ime of your repor. Reporing Child Abuse And Neglec Should I Tell The Parens I Made A Repor? You do no have o ell he parens abou your CPS repor. If you choose o inform he parens afer you have made he repor and CPS has made conac, i is imporan ha you be hones. Ofen parens will respec your honesy even hough hey may disagree wih he posiion you ve aken. You migh explain ha you are required by law o repor all siuaions of neglec or injury o children caused by quesionable or oher han accidenal means. The law does no give you a choice abou reporing. Filing a repor of suspeced child abuse or neglec can be described as making a referral o reques help and services for he child and family. Parens need o know ha heir problems are no unique, hey are no inherenly bad parens, and hey can be helped. The inen of a repor is o proec he child from furher harm and o improve family relaionships. Le he parens know ha you wan o coninue your relaionship wih hem and ha you believe ha his is a problem which can be solved. There may be some insances in which you will no wan o inform he parens of your repor o CPS. These insances include a siuaion where he child s safey would be jeopardized by he parens knowing he child has disclosed informaion o you, or a siuaion where a child is in imminen danger and you believe he paren migh run away wih he child. Before informing he parens abou a repor of suspeced abuse or neglec, i may be helpful o discuss your decision wih a local CPS worker. 23
Quesions And Concerns Abou Reporing Suspeced Child Abuse And Neglec A repor of suspeced malreamen is no an accusaion. I is a reques for he helping process o begin. The reporing process, however, may no always go smoohly. Difficulies may be encounered which can ac as a barrier o reporing or can discourage coninued involvemen in siuaions of child abuse and neglec. Professionals who have had an unsaisfacory experience when reporing suspeced child abuse or neglec may be relucan o repor a second ime. These professionals may have been discouraged from reporing, or may have developed a disrus of child proecive services (CPS), feeling ha a previous referral was no handled o heir saisfacion. If you have been dissaisfied wih he agency s response o your repor, you should consider conacing he CPS supervisor in he agency o discuss your concerns. The law requires ha you repor suspeced child abuse and neglec. In addiion, while reporing does no guaranee ha he siuaion will improve, no reporing guaranees ha if abuse or neglec exiss, he child will coninue o be a risk. The Belief Tha Nohing Will Be Done Someimes poenial reporers are convinced ha nohing will be done if hey repor, so hey don repor. Aside from he legal consideraions (failure o repor is agains he law in Virginia), such reasoning is fauly. If an inciden of suspeced child abuse or neglec is repored, some acion will occur. A he very leas, reporing ensures ha social services is made aware of your concerns and your legal obligaion will be fulfilled. On he oher hand, if he inciden is no repored, nohing will occur. Abused and negleced children canno be proeced unless hey are firs idenified. The key o idenificaion is reporing. Confidenialiy issues Will My Name be Revealed As The Reporer? The Code of Virginia provides for he confidenialiy of he ideniy of all persons who repor suspeced child abuse or neglec. In some insances, despie he child proecive services worker s effors o mainain confidenialiy, a family may be able o idenify he mandaed reporer. If he case is brough ino cour, he ideniy of he mandaed reporer may be revealed during cour proceedings. Can Parens See The Child Abuse Or Neglec Records? Any individual, including he alleged abuser or neglecor, may exercise his/her righs under he Virginia Privacy Proecion Ac of 1976 o see all personal informaion, relaed o him/herself, conained in he case record. The individual requesing informaion is given access o ha porion of he record concerning him/herself, wih safeguards aken o ensure he privacy righs of he oher persons menioned in he case record, including he reporer. A Guide For Mandaed Reporers In Recognizing And Reporing Child Abuse And Neglec 25
Responding To The Child How Should I Respond To A Child Who Repors Being Abused Or Negleced? When i is necessary o alk wih a child in response o a disclosure of malreamen or o clarify suspicions, i is imporan o remember o handle he discussion wih sensiiviy. Your response has he power o calm or upse he child. Do: Find a privae place o alk wihou inerrupions. Pu he child a ease by siing near him/her, no behind a desk. Ask permission before ouching he child. Touch may be associaed wih physical or emoional pain in children who have been physically or sexually abused. Reassure he child ha he/she is no in rouble. Keep your own feelings under conrol. Use open-ended quesions such as: Can you ell me wha happened? or I m wondering who augh you how o do ha. Use he child s vocabulary. Le he child know wha you will do: We need o ell (name). He/she knows how o help children and families. Suppor he child: I m sorry ha happened o you. Do No: Press for deails beyond wha he child is willing o share. You do no need o prove abuse or neglec. Ask why quesions. These quesions require children o explain acions ha hey may no undersand. Young children have no developed he absrac hinking abiliy necessary o answer hese quesions. A Guide For Mandaed Reporers In Recognizing And Reporing Child Abuse And Neglec Promise no o ell anyone abou he child s disclosure of possible abuse or neglec. Ask leading or suggesive quesions. Make angry or criical commens abou he alleged perperaor. He/she is ofen known, loved, or liked by he child. Disclose informaion indiscriminaely, keeping in mind he child s righ o privacy. Make he child feel differen or singled ou. Techniques For Ineracing Wih An Abused/ Negleced Child The following ools or echniques can be used wih children who may be abused or negleced: Never underesimae he power a posiive adul relaionship can have in a child s life. Children ake heir cues from aduls. Ask permission before ouching, again allowing a child o regain conrol. Don speak badly of he offender. The offender is ofen known and liked or loved by he child. Suggesed saemens are: Wha he/she did o you was wrong. I am sorry ha i happened o you. or I was unfair of him/ her o do ha o you. I am sorry ha i happened. Do no ac shocked, angry, or upse a wha a child may say or do. Remain open for more informaion. Some ways o say his are: I m wondering where you learned ha. or I m wondering who augh you how o do ha. or I m sorry ha happened o you. Do no make a child feel differen or singled ou. Trea him/her jus like every oher child, bu wih an exra dose of compassion. 27
The Child Proecive Services Response Wha Happens Afer I Make A Repor? When a repor of suspeced child abuse or neglec is made, social services saff mus deermine ha he siuaion described mees he legal definiion of child abuse or neglec and wheher child proecive services (CPS) has he auhoriy and responsibiliy o conduc a family assessmen, or an invesigaion. The four validiy crieria are: The child is under age 18 a he ime of he repor; The alleged abuser was in a careaker role; The alleged abuse or neglec mees he definiion of abuse or neglec as defined by he CPS Program; and The local agency has jurisdicion o respond o he repor. If your repor is no acceped for CPS response, he local agency will ell you which validiy crieria are no me. In addiion, he local agency may conac local law enforcemen o repor possible criminal violaions even if he repor is no valid for CPS. If a decision is made no o respond, and you disagree, you may furher discuss your concerns wih he CPS supervisor. When a case is no appropriae for CPS, you may seek consulaion wih he local agency for suggesions or guidance in dealing wih he family. When a repor of suspeced child abuse or neglec is made, CPS mus deermine if he repor is valid for a CPS response. If he repor is deermined o be valid, he CPS worker will conduc eiher a family assessmen or an invesigaion. The goals of boh responses are o: Assess he child s safey Srenghen and suppor families Preven furher abuse of he child Family Assessmen Response A child safey and family service needs assessmen is conduced wih he family if he repor mees he validiy crieria and is no required by law o be invesigaed, and here is no immediae hrea o he child(ren) s safey or well-being. Examples of hese repors include, bu are no limied o: Lack of supervision; Physical neglec; Minor physical injury; or Emoional abuse/neglec. Afer a repor is acceped for a family assessmen, he CPS worker will assess he immediae safey needs of he child, idenify proecive and oher services needs of he family, and assess risk of fuure harm o he child. A Guide For Mandaed Reporers In Recognizing And Reporing Child Abuse And Neglec 29
The CPS worker will complee he CPS family assessmen wihin 45-60 days of he repor. He/she will inerview he child, he siblings, he parens or careakers, he alleged abuser, and may inerview he person who made he repor along wih any oher person who may have addiional informaion abou he inciden. A he conclusion of he family assessmen, he CPS worker in conjuncion wih he family will make a deerminaion of wheher or no services are needed o preven abuse or neglec and o mee he needs of he family. There is no finding of abuse or neglec made in a family assessmen. Invesigaion Response A child abuse or neglec invesigaion is conduced when here are immediae child safey concerns, previous repors of abuse or neglec, or he repor is required by law o be invesigaed. Examples include, bu are no limied o, repors of: Sexual abuse; A child deah; Serious physical injuries; Hospializaion due o suspeced abuse/ neglec; Injuries requiring medical evaluaion/ reamen; Abandonmen; or Abuse/neglec occurring in schools, day care ceners or homes, foser homes and oher non-family seings. Afer a repor is acceped for invesigaion, he CPS worker will assess he immediae safey needs of he child, idenify proecive and oher services needs of he family, and assess risk of fuure harm. The CPS worker will complee he CPS invesigaion wihin 45-60 days of he repor. 30 The Child Proecive Services Response
The CPS worker will inerview he child, he siblings, he parens or careakers, he alleged abuser, and may inerview he person who made he repor along wih any oher person(s) who may have addiional informaion abou he inciden. In some insances, a police officer may accompany he CPS worker during he invesigaion for reasons of safey and/or o deermine if criminal charges should be filed. A he conclusion of he CPS invesigaion, he CPS worker will make one of wo findings: Founded: The invesigaion reveals by a preponderance of evidence ha abuse or neglec has occurred. Righ To Appeal Invesigaion Findings The name of any person who has a founded disposiion made abou him/her as a resul of a child proecive services invesigaion is enered ino he Child Abuse and Neglec Cenral Regisry. Tha person has he righ o an adminisraive appeal of ha decision. The hree levels of adminisraive appeal include: Conference wih he local deparmen of social services direcor or designee; Sae level, adminisraive hearing convened before a hearing officer; and Judicial review by he local circui cour. Unfounded: The invesigaion reveals insufficien evidence ha abuse or neglec occurred. This finding does no necessarily mean ha abuse or neglec did no occur, bu ha he evidence was no sufficien for a founded disposiion. The Child Proecive Services Response 31
CPS Auhoriies To Conduc Family Assessmen Or Invesigaion The CPS worker has cerain auhoriies graned by he Code of Virginia o conduc a family assessmen or an invesigaion. Release Of Records To Child Proecive Services Secion 63.2-1509 of he Code of Virginia requires all mandaed reporers o release any records or repors ha documen he basis for he suspeced abuse or neglec wheher or no hey are he complainan. Inerviewing Child Wihou Parenal Consen And Ouside The Presence Of The Parens Secion 63.2-1518 of he Code of Virginia saes ha any person required o make a repor or conduc an invesigaion or family assessmen may alk o any child suspeced of being abused or negleced or o any of his siblings wihou consen of and ouside he presence of his paren, guardian, legal cusodian, or oher person sanding in loco parenis, or school personnel. CPS workers have he auhoriy o speak o boh he alleged child vicim and he siblings wihou parenal consen and ouside he paren s presence. However, parens are noified of he inerview as soon as pracicable. Phoographs And X-Rays Secion 63.2-1520 of he Code of Virginia allows he CPS worker o ake phoographs and arrange for x-rays of he child as par of a medical evaluaion wihou he consen of he paren or guardian. A Guide For Mandaed Reporers In Recognizing And Reporing Child Abuse And Neglec 33
CPS Services May Be Provided To The Family While he goal of a family assessmen or an invesigaion is o proec he child from furher harm, ha is no he only goal of he CPS Program. The CPS worker is also responsible for helping parens idenify and solve problems ha may have caused malreamen by arranging for or providing services o he family or parens. Services ha may be provided o he family by he CPS worker and/or communiy agencies include individual and/or family counseling; parening groups or classes; homemaker services; respie day care; or family supervision, provided hrough home visis by he CPS worker. The lengh of ime ha CPS provides services o a family varies from case o case and is based on he coninued risk of harm o he child. Unless a cour orders a family o receive services, he family may decline he offer of services by he CPS worker. Wha If The Child Mus Be Removed From Home? In mos CPS repors, he child s safey can be assured hrough he developmen of a safey plan wih he paren or guardian, if necessary. If he child s safey canno be mainained, he firs effor is o have he alleged abuser/ neglecor leave he family home. Bu if ha is no an accepable alernaive, i may be necessary for he child o be placed ouside he home o ensure his/her safey. If i becomes necessary o remove he child, he CPS worker will ry o work wih he parens or guardian o arrange a safe placemen for he child wih a relaive or friend. If his is no possible, hen he child may be placed in an agency-approved foser home or group placemen. Someimes, here is a CPS repor ha involves an immediae danger o a child s well-being. Secion 63.2-1517 of he Code of Virginia permis law enforcemen, CPS, or physicians o ake a child ino proecive cusody for up o 72 hours wihou a cour order. If his occurs, immediaely afer a child is aken ino proecive cusody, he parens or guardians mus be noified ha he child is in cusody. A repor mus be made o CPS so ha an invesigaion can be conduced. The Juvenile and Domesic Relaions Cour mus also be noified. The ulimae goal is o reunie he family as soon as i is safe for he child. A Guide For Mandaed Reporers In Recognizing And Reporing Child Abuse And Neglec 35
Will I Receive Feedback From Child Proecive Services? The local agency will inform you if your repor is being acceped for a CPS response. A he conclusion of he CPS response, he local agency can ell you ha eiher he invesigaion was unfounded or ha he local agency ook necessary acion. Due o federal and sae laws concerning he release of child proecive services (CPS) informaion, he CPS worker is resriced in he informaion ha can be given o individuals oher han he alleged abuser, alleged vicim, or vicim s guardian if no he child s paren. If you are no conaced by he CPS worker wihin 45-60 days of he dae of he repor, and you wish o learn he oucome of he invesigaion or family assessmen, you may call he worker assigned o he case or he supervisor. 36 A Guide For Mandaed Reporers In Recognizing And Reporing Child Abuse And Neglec
Child Abuse Holine 1-800-552-7096 (Language Line Available) Child Proecive Services Uni 801 E. Main Sree Richmond, Virginia 23219 www.dss.virginia.gov 032-02-0280-02-eng (5/12)
FORM aaches o he back cover and perforaes a fold For addiional copies of: A Guide o Mandaed Reporers In Recognizing and Reporing Child Abuse And Neglec Complee his form and mail o: Virginia Deparmen of Social Services Child Proecive Services Uni 801 Eas Main Sree Richmond, Virginia 23219 Please prin or ype Name Mailing Address Ciy Sae Zip Telephone ( ) Fax ( ) Email address Please make check or money order payable o: Treasurer, Sae of Virginia Bookles are $2.00 per copy Copies x $2.00 per copy = $ Price is subjec o change