Mandated Reporting: Child Abuse and Neglect What is a Mandated Reporter? A mandated reporter is anyone who, by law, must report suspected child abuse or neglect. All fifty states and Puerto Rico have a law regarding mandated reporters Who is a Mandated Reporter? Audiologist Physician Assistant Dentist Physician Clergy Psychologist Law Enforcement Officer Regulated Child Care Licensed Counselor Licensed Emergency Medical Care Provider Marriage and Family Therapist Medical examiner Nurse Provider Registered Dental Hygienist School Administrator School Counselor or Teacher Social Work Technician Is There a Need for Mandated Reporters? According to Child Maltreatment 2007 ▫ approximately 794,000 children were found to be victims of child abuse or neglect in Federal fiscal year 2007. ▫ The maltreatment rate was 10.6 per 1,000 children in the population in 2007. • According to The Administration for Children and Families (ACF), in 2002, Michigan’s referral rate was 47.9% • Michigan ranks 12th in the nation • Montana has the highest referral rate of 78.1% • Pennsylvania has the lowest referral rate of 12.8% Resources: http://www.acf.hhs.gov/programs/cb/pubs/cm02/table2_5.htm http://www.childwelfare.gov/can/prevalence/stats.cfm The Need for Mandated Reporters in Michigan • In 2007, 123, 149 referrals were made to Child Protective Services • Of these cases, 67,756 (55%) were investigated • 26% of the investigated cases confirmed child abuse or neglect Resource: http://michigan.gov/documents/dhs/DHS-Legislative-Sec514-PA1312007-CPS_227770_7.pdf United States, Michigan and City of Detroit: Substantiated Child Abuse/Maltreatment Cases (2001 – 2006) Rate per 1,000 Children 20 16.7 15 14.0 13.7 12.2 11.2 12 11.1 12.1 13.9 12.1 11 9.8 10 5 0 2003 2004 2005 2006 US Michigan Detroit *Number of substantiated reports of abuse/maltreatment per 1,000 children Resource: http://www.acf.hhs.gov/ What is Child Abuse? The Child and Family Resource Council defines child abuse/maltreatment as a non-accidental injury to a child which, regardless of motive, is inflicted or allowed to be inflicted by the person responsible for the child's care. Maltreatment includes, but is not limited to, malnutrition, sexual molestation, deprivation of necessities, emotional maltreatment, or cruel punishment. Types of Child Abuse • • • • Neglect Physical Abuse Emotional Abuse Sexual Abuse Unattended medical needs Consistent lack of supervision Consistent hunger, inappropriate dress, poor hygiene Distended stomach, emaciated Significant weight change Adult/human bite marks, missing clumps of hair Unexplained bruises, welts, loop marks Unexplained burns Unexplained fractures, skin lacerations, punctures or abrasions. Swollen lips/chipped teeth. Linear/parallel marks on cheeks and temple area. Crescent-shaped bruising. Puncture wounds. Bruising behind the ears. Head injuries Eating disorders Failure to thrive Hyperactive/disruptive behavior Lags in physical development Shallow, empty facial appearance Sleep disturbances and/or nightmares Speech disorders Fear or anxiety of certain people or places Unrealistic fears Depression Pain, itching, bruising or bleeding in genital area Venereal disease Frequent urinary or yeast infection Massive weight change Pregnancy under 12 years of age Bed wetting Do not interview child this may interfere with possible prosecution Why Must I File a Report? It’s the LAW! Act 238 went into effect on October 1, 1975 The law states: Those who have “reasonable cause to suspect child abuse or neglect shall make immediately…an oral report.” Within 72 hours after making the oral report, the reporting person shall file a written report. MOST importantly, you may be saving a child’s life! How Do I File a Report? First, file an ORAL REPORT Telephone complaint to CPS immediately. CPS contact numbers can be accessed at www.michigan.gov/dhs/ under county offices. You may also locate the telephone number to your local CPS office in the government page of your phone book under Department of Human Services. In Wayne County, call 1-800-716-2234 Filing a Written Report Submit completed DHS-3200 form within 72 hours (includes weekends and holidays). • The DHS-3200 can be accessed at www.michigan.gov/documents/fia3200_11924_7.pdf • Attempt to provide the following information: – Alleged victim’s full name, birth date, and race – Alleged perpetrator’s full name and relationship to alleged victim (if known) – Child’s current address – Context of the disclosure (for example, was the child asked about the injury or did they volunteer the information?) – Current address and the address where the alleged incident happened (if different) – If the alleged perpetrator lives with the child – Why you think the child is being maltreated The Written Report WHAT HAPPENS NEXT? 1. Intake worker receives report 2. CPS will determine whether to open case for investigation 3. CPS will begin investigation 4. CPS will assess the risk of harm or threat of harm to child and, based on the assessment, will take certain actions 5. CPS will talk to parents, family members, and perhaps teachers to gather information 6. CPS will make decision regarding action to take May not be able to take any action if report is anonymous or cannot find perpetrator Recommend community services like counseling or parent education classes If significant risk, may put the child in safe place In most serious situations, the child will be placed in foster care and eventually moved to another permanent home, but this is only after a lot of time and effort are put into getting parents help and trying to give the parents every possible chance to positively care for the child. HOW DOES CPS CLASSIFY ALLEGED CASES? Child Protective Services categorizes cases into five levels These levels address reports and provide directives for future action EXPLANATION OF CPS LEVELS Category 5 No services recommended. Following a field investigation, CPS determines that there is no evidence of child abuse/neglect Category 4 Community services recommended. Though child abuse and neglect is not confirmed, community services are recommended. EXPLANATION OF CPS LEVELS CONT. Category 3 Community services are needed to alleviate further risk of harm to the child. Preponderance of evidence supports that child abuse or neglect occurred. The structured decision making (SDM) risk assessment suggests low or moderate risk of future harm to the child. Category 2 Services are required to maintain child safety in the caretaker’s home. Preponderance of evidence supports that child abuse or neglect occurred. The SDM tool indicates high or intensive risk of future harm to the child. EXPLANATION OF CPS LEVELS CONT. Category Court 1 petition is filed. Preponderance of evidence was found that child abuse or neglect occurred and the law requires a court petition, court ordered services are needed to keep a child safe in their parent’s home, or a child is unsafe in the caretaker’s home Commonly Asked Questions • How many children die each year due to abuse or neglect? According to Child Maltreatment 2007, an estimated 1,760 children died as a result of abuse or neglect in 2007. • Is reporting anonymous? The identity of a reporting person is confidential under the Child Protection Law. The identity of a reporting person is subject to disclosure only with the consent of that person, by judicial process or to those listed under Section 5 of the Child Protection Law • At what age can a child legally be left alone? What is the legal age at which a child can be left alone? State child abuse and neglect reporting laws do not specify the age at which a child can be left home alone. No consistent community standards exist describing when and under what circumstances children can be left alone or in the care of other children. Resources: http://faq.acf.hhs.gov www.childwalfare.gov http://www.michigan.gov/dhs/0,160 7,7-124-5452_7119_44443-157836-,00.html Any Questions?