Mandated Reporter Training: Identifying and Reporting Child Abuse and Maltreatment/Neglect

Mandated Reporter Training:

Identifying and Reporting Child Abuse and

Maltreatment/Neglect

National Incidence Study

The reasons for this are:

• Confusion or misunderstanding about reporting laws and procedures

• Lack of knowledge or awareness of warning signs/clues

Found professionals reported only half the incidents about which they knew.

University of Rochester Study

• Not clear about abuse/neglect as defined in State Law

• Often influenced by their professional beliefs, values, and experiences

Mandated Reporters disclosed they were:

Child Protective Services Act of 1973

MandatedReporter

Local Child Protective Services

State Central Register

Reports Registered

2007

Non-Mandated Reporter

Mandated Reporter

Role of Mandated Reporter

While acting in their professional capacity, to

report suspected incidents of child abuse or maltreatment/neglect.

Professional Capacity

Anytime that a person is acting within the scope of their employment or carrying out functions as part of the duties and responsibilities of their profession.

08 OCFS INF 01

• MR with direct knowledge is responsible to call the SCR

• MR notifies Agency Administrator (or Reporting Designee)

immediately • No prior approval or conditions may be imposed• Agency Administrator– LDSS-2221A– Maintains the Call ID #– Provides SCR with all KNOWN names of other agency MRs with direct

knowledge

• Immunity (don’t call anonymously)

• Source Confidentiality

• No retaliatory personnel action shall be taken for making report

Legal Protections

Failure to Make the Call

Criminal – Class A Misdemeanor

Civil Liability

Legal Penalties

Mandated Reporter Records

Section 415 of the SSL requires mandated reporters to provide records regarding a mandated report necessary for a CPS investigation, irrespective of HIPAA proscriptions or any other privilege.

Consider the Child

• Must be less than 18 years of age

• What has happened?

• Who may be responsible?

Abuse

• Inflicts or allows to be inflicted serious physical injury

• Creates or allows to becreated substantial riskof serious physical injury

• Commits or allows to becommitted sexual abuse

Maltreatment/Neglect

• A child whose physical, mental, or emotional condition has been impaired or is at imminent danger of becoming impaired

• A parent’s or custodian’s failure to provide a minimum degree of care

Types of Neglect

• Fails to provide:– adequate food, clothing, shelter, education, or medical care– proper supervision or guardianship

OR

• Inflicts/allows to be inflicted harm, including the infliction of excessive corporal punishment

• Misuses alcohol or other drugs

• Abandonment

Bruising Areas

Knees

Shin

ElbowsBack

ButtocksBack of Thighs

Back of Calves

Normal Bruising Areas

Suspicious Bruising Areas

Common Indicators

• Child’s Physical Indicators

• Child’s Behavioral Indicators

• Parent’s Behavioral Indicators

Handprint Injury

Looped Cord Injury

Steam Iron Injury

Talking with Children

Do:

- Find a private place

- Remain calm

- Be honest, open, up-front, supportive

- Be an advocate

- Listen to the child

- Report the situation immediately

Talking with Children

Don’t:

- Overreact

- Make judgments/promises

- Interrogate or investigate

Person Legally Responsible

• Parent

• Guardian

• Custodian

• Day Care Provider

• Residential Care Staff

Who Can Be Reported?

Reasonable Cause to Suspect

• Do not have to prove it

• Distrust or doubt is enough

• Based on observation or disclosure

• Child is harmed or in imminent danger of harm

Imminent Danger

• Distance between child and harm by actions or failure to act

• Could occur immediately or very soon

• How direct the threat is to the child

Case Scenarios

• What indicators are present?

• Is there reasonable cause to suspect abuse or maltreatment/neglect?

• If so, who is responsible for abuse or maltreatment/neglect?

• What are your next steps?

Evaluating Your Response

Category A This should be left to the family

Category B Assistance to seek communityagency or resource as appropriate

Category C Reportable to State Central Register (SCR)

Category D Call Police Immediately

Make the call

Mandated Reporter Express Line

1-800-635-1522New York State Child Abuse and

Maltreatment Register

• Demographics

• Has the child been harmed, or is the child at risk of harm, and how?

• Role of parent or person legally responsible?

• Ongoing pattern?

Making the Call

• Where is the child?• Are there any special needs or medications?

What are they?• Concerns for local CPS (weapons, dogs, etc).

• Is an interpreter required?• Name, title, and contact information of other MRs

and other persons with direct knowledge of abuse and neglect from your agency.

• Any other information?

Making the Call

Follow up the Call

• Complete Form LDSS-2221A within 48 hours

• Send to local CPS

New York State Child Protective Services System

Call to the SCR

Services Provided No Services Provided

Service Plan

Transmit to Local CPS

UnfoundedIndicated

Case Closed

Monitoring of Services

Ongoing Assessment

Investigation/Safety Assessment

Report Registered Report Not Registered Referred to LER(Law Enforcement

Referral)

No Services Provided

Case Closed

Services Offered

Local District Response

• Begin investigation within 24 hours– Assess safety of child

– If necessary, take steps to protect child

• Determination of report within 60 days– Indicated

– Unfounded and sealed

Wrap-Up and Summary

• Review Objectives

• Questions and Answers

• Evaluation