REPORTING CHILD ABUSE AND ELDER ABUSE Safe Church Practices Training for Presbyterian Ministers, Elders, Deacons, and adults who work with children and youth April 28, 2013 Adults Only No One Under 18 1
Agenda Opening prayer Why we re here Please sign attendance sheet Warning signs for Children / Youth ministry Warning signs for Elderly Show Video Screening process General questions Closing prayer Dismissal 2
Warning signs for Children / Youth ministry CHILD ABUSE AND NEGLECT REPORTING ACT (CANRA) 3
1. WHAT DOES THE CHILD ABUSE REPORTING ACT REQUIRE? Penal Code 11166(a) A mandated reporter shall make a report to an agency specified in Section 11165.9 whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. 4
2. WHO ARE MANDATED REPORTERS? Under California Penal Code section 11167.5, the list of mandated reporters is extensive. Clergy Members are included in the list of mandated reporters under California law per Penal Code 11165.7(a)(32). 5
CLERGY MEMBERS Clergy member" means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization. Other mandated reporters include paid public or private school teachers, day care workers, and paid employees of public or private youth programs. 6
In General, Volunteers are NOT Mandated Reporters Volunteers of public or private organizations whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect.... Cal. Penal Code section 11165.6(b) However... 7
Presbyterian Church Book of Order In the Presbyterian Church, mandated reporters include Pastors, Elders and Deacons. G-6.0204b A minister of the Word and Sacrament shall report to ecclesiastical and civil legal authorities knowledge of harm, or the risk of harm, related to the physical abuse, neglect and/or sexual molestation or abuse of a minor or an adult who lacks mental capacity when (1) such information is gained outside of a confidential communication as defined in G-6.0204a; or (2) she or he reasonably believes that there is a risk of future physical harm or abuse. 8
G-6.0304B An elder shall report to ecclesiastical and civil legal authorities knowledge, gained in the course of service to the church, of harm, or the risk of harm, related to the physical abuse, neglect, and/or sexual molestation or abuse of a minor or an adult who lacks mental capacity when (1) such information is gained outside of privileged communication; or (2) she or he reasonably believes that there is risk of future physical harm or abuse. 9
G-6.0402.b A deacon shall report to ecclesiastical and civil legal authorities knowledge, gained in the course of service to the church, of harm, or the risk of harm, related to the physical abuse, neglect, and/or sexual molestation or abuse of a minor or an adult who lacks mental capacity when (1) such information is gained outside of privileged communication; or (2) she or he reasonably believes that there is risk of future physical harm or abuse. 10
3. What is Child Abuse? Four Categories 1. Physical Abuse 11165.3, 11165.4 Unlawful Corporal Punishment Or Injury Willful Harming or Injuring of a Child, Unjustifiable Physical Pain, or Endangering 2. Physical Neglect 11165.2 Severe Neglect malnutrition, failure to thrive General Neglect food, clothing, shelter, medical care, supervision 11
Child Abuse: Four Categories 3. Sexual Abuse - 11165.1 Sexual Assault any sexual touching Sexual Exploitation pornography, prostitution 4. Emotional Abuse - 11165.3 Unjustifiable Mental Suffering 12
4. WHAT IS REASONABLE SUSPICION? For the purposes of this article, "reasonable suspicion" means that it is objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a reasonable person in a like position, drawing, when appropriate, on his or her training and experience, to suspect child abuse or neglect. Penal Code 11166(a)(1). 13
5. HOW DO YOU REPORT SUSPECTED CHILD ABUSE? 1. PHONE IMMEDIATELY Police, Sheriff or County Welfare Department Santa Clara County Child Abuse Hotline phone number is 408-299-2071 Santa Cruz 831-454-4222, Monterey 831-899-8001, San Benito 831-636-4190 and 2. SUBMIT A WRITTEN REPORT WITHIN 36 HOURS Form SS-8572 (Revised 12/02) 14
6. LIABILITY FOR FAILING TO REPORT CRIMINAL PROSECUTION Penal Code 11166.01, 11172(e) Six months county jail plus $1,000 fine 12 months county jail plus $5,000 if failure to report resulted in death or great bodily injury (new 1/1/06) CIVIL LIABILITY Landeros v. Flood (1975) 17 Cal.3d 399 You can be sued & face money judgment PROFESSIONAL SANCTIONS Loss of license and/or employment 15
7. IMMUNITY FOR REPORTING Penal Code 11172(c) ABSOLUTE CIVIL AND CRIMINAL IMMUNITY Absolute immunity for mandated reports Qualified immunity for permissive reports Stecks v. Young (1995) 38 Cal.App.4 th 365 REIMBURSEMENT FOR ATTORNEY S FEES Up to $50,000 16
8. PRACTICAL TIPS Discern your level of reasonable suspicion. Call the Child Abuse Hotline if you are uncertain or need a consultation. Call immediately if you are concerned. Do NOT check with the parents first. File a written report within 36 hours. Maintain connection with CPS and family. 17
REMEMBER: The name of the reporter will not be revealed (unless the case goes to court). Our Biblical tradition calls us to protect the vulnerable and voiceless. The well-being of a child means we are morally mandated to seek professional help from Child Protective Services if that child is in danger. 18
FREE ON-LINE TRAINING Vital for all clergy and staff who work with children and youth Highly recommended for all staff, including custodian www.humanservices.ucdavis.edu/resource/ camrt/index.asp (select the General training) 19
FREE ON-LINE RESOURCES KYROS: www.kyros.org Go to Resources then Child Abuse for information and important links Go to Resources then Safe Congregations for child protective policy information Child Protection online training: http://www.ptbc.org/?page_id=1279 20
Warning signs for Elderly ELDER AND DEPENDENT ADULT ABUSE OR NEGLECT 21
Reporting Elder and Dependent Adult Abuse Welfare and Institutions Code 15600 15640 Elder Abuse and Dependent Adult Civil Protection Act The purpose of the Act is to require health practitioners, care custodians, clergy members and employees of county adult protective services agencies and local law enforcement agencies to report known or suspected cases of abuse of elders and to encourage community members to do so. 22
1. WHAT IS REPORTABLE? Welfare and Institutions Code 15630(b)(1)) Any mandated reporter who, in his or her professional capacity, or within the scope of his or her employment, has observed or has knowledge of an incident that reasonably appears to be physical abuse... abandonment, abduction, isolation, financial abuse, or neglect, or is told by an elder or dependent adult that he or she has experienced behavior, including an act or omission, constituting physical abuse... abandonment, abduction, isolation, financial abuse, or neglect, or reasonably suspects that abuse, shall report the known or suspected instance of abuse by telephone immediately or as soon as practicably possible, and by written report sent within two working days, as follows:... 23
2. WHO IS AN ELDER OR DEPENDENT ADULT? Elder: a person residing in California who is 65 years of age or older. Dependent adult: a person between the ages of 18-64 who resides in California and who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights; or, someone between the ages of 18-64 who has been admitted as an inpatient to 24 hour health facilities, including, but not limited to, general acute care hospitals, acute psychiatric hospitals, skilled nursing facilities, and intermediate care facilities. 24
3. WHO MUST REPORT? Any person who has assumed full or intermittent responsibility for the care or custody of an elder or dependent adult, whether or not he or she receives compensation, including administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder or dependent adults, or any elder or dependent adult care custodian, health practitioner, clergy member, or employee of a county adult protective services agency or a local law enforcement agency, is a mandated reporter. Welfare and Institutions Code 15630 25
Note: Unlike the list of child abuse reporters, the list of mandated reporters for elder abuse is fairly short. 26
4. HOW TO REPORT SUSPECTED You must report suspected elder abuse to your local law enforcement agency or to Adult Protective Services. In Santa Clara County, the phone number for APS is (408) 975-4900 or 1-800-414-2002. ELDER ABUSE 27
6. Six Types of Elder Abuse 1. Physical Abuse: Acts that injure the body as well as sexual abuse. (California Welfare and Institutions Code 15610.63.) 2. Neglect: Failure of whomever is caring for an elder or dependent adult to adequate provide food, clothing, medical care or shelter. ( 15610.57.) 3. Abandonment: Leaving an elder or dependent adult alone when a reasonably competent person would not have left such person alone. ( 15610.05.) 28
4. Abduction: Removing an elder or dependent adult from this State without proper consent, or preventing an elder or dependent adult from returning to this state. ( 15610.06.) 5. Isolation: Preventing an elder or dependent adult from receiving mail, telephone calls, or visitors. ( 15610.43.) 6. Financial Abuse: Wrongfully taking or retaining an elder s or dependent adult s personal or real property. (15610.30.) 29
7. Mental Suffering: Fear, agitation, confusion, severe depression brought about by intimidation, threats, harassment or deceptive acts made with malicious intent. ( 15610.53.) But note: mandated reporters are permitted, but not required, to report suspected mental suffering. See 15630(c)(1). 30
Show Video 31
Screening Process 32
Questions? 33
References Materials by L. Michael Clark Superior Court Judge, Santa Clara County Jane Odell, Presbytery of San Jose Kibbie Ruth, Executive Director Kyros Ministries, San Mateo, CA 34
Resources California Code http://www.leginfo.ca.gov/calaw.html California Attorney General http://caag.state.ca.us California Department of Social Services http://www.dss.cahwnet.gov Child Protection online training: http://www.ptbc.org/?page_id=1279 35
MHPC Points of Contact Shari Grover 408.750.4305 confidential answering machine Mark Inouye 408.425.9694 36