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?

AudiologistDentistClergyLaw Enforcement

OfficerLicensed CounselorLicensed Emergency

Medical Care ProviderMarriage and Family

TherapistMedical examinerNurse

Physician AssistantPhysicianPsychologistRegulated Child Care

ProviderRegistered Dental

HygienistSchool AdministratorSchool Counselor or

TeacherSocial 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 neglectResource: http://

michigan.gov/documents/dhs/DHS-Legislative-Sec514-PA131-2007-CPS_227770_7.pdf

United States, Michigan and City of Detroit:Substantiated Child Abuse/Maltreatment Cases (2001 – 2006)

2003 2004 2005 20060

5

10

15

20

12.2 12 12.1 12.111.2 11.1

9.811

16.7

13.7 14.0 13.9

US Michigan Detroit

Rate

per

1,0

00 C

hild

ren

*Number of substantiated reports of abuse/maltreatment per 1,000 childrenResource: 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

What are the Signs of Neglect?

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

What are the Signs of Physical Abuse?

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

What are the Signs of Emotional Abuse?

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

What are the Signs of Sexual Abuse?

Do not interview child this may interfere with possible prosecution

Dealing with Sexual Abuse

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 ReportSubmit 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 report2. CPS will determine whether to open case for investigation3. CPS will begin investigation4. CPS will assess the risk of harm or threat of harm to child

and, based on the assessment, will take certain actions5. CPS will talk to parents, family members, and perhaps

teachers to gather information6. 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 4Community

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 1Court 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 Maltreatment2007, an estimated 1,760 childrendied as a result of abuse or neglect in2007.

• Is reporting anonymous?The identity of a reportingperson is confidential under theChild Protection Law. Theidentity of a reporting person issubject to disclosure only withthe consent of that person, byjudicial process or to thoselisted under Section 5 of theChild 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 neglectreporting laws do not specify theage at which a child can be lefthome alone. No consistentcommunity standards existdescribing when and under whatcircumstances children can be leftalone or in the care of otherchildren.

Resources: http://faq.acf.hhs.gov www.childwalfare.gov http://www.michigan.gov/dhs/0,1607,7-124-5452_7119_44443-157836--,00.html

Any Questions?