MANDATORY REPORTING DUTIES FOR CHILD NEGLECT, ABUSE AND

EXPLOITATION 

G. Andrew H. Benjamin, J.D., Ph.D., ABPPhttp://www.linkedin.com/in/andybenjamin

music generously provided by:Professor Paula Lustbader

Seattle University School of Law

“There can be no keener revelation of a society’s soul than the way it treats its children.”

~ Nelson Mandela

Scope of Problem In 2007, approximately 5.8 million children were

involved in 3.2 million child abuse reports and allegations out of 75,512,062 kids

1,569,592 kids, with 79000 in the great state of Washington allegedly abused or neglected

Many more go unreported Consider 1 out of 3 girl children and 1 out of 5 boy

children are sexually abusedSEE:

http://www.childwelfare.gov/ orhttp://www.childhelp.org/pages/statistics

The cycle of abuse According to a 2006 U.S. Department of

Health and Human Services study:

One third of abused and neglected children will later abuse their own children.

THE LAW-RCW 26.44 All professional school personnel

(RCW.26.44.020(8)) Must report to CPS at 1st opportunity, but in

case no longer than 48hrs,

.if reasonable cause to believe the child

.has suffered abuse or neglect

(RCW 26.44.030(1))

ABUSE OR NEGLECT MEANS Physical injury Sexual abuse Sexual exploitation Negligent treatment or maltreatment of a

child by any person…

which indicate that the child’s health, welfare, and safety is harmed (RCW 26.44.030 (12))

Sometimes

Signs of Physical Abuse (Injury) Bruises Burns Cuts Bullying

But sometimes acts that are considered physical abuse and cause more than just transient pain are not obvious (e.g., shaking a child, smothering the child, threatening child with deadly weapon)

Signs of Physical AbuseSigns of Physical Abuse Bruises on uncommonly injured body surfaces Blunt instrument marks or burns Human hand marks or bite marks Multiple injuries at different stages of healing Evidence of poor care or failure to thrive Circumferential immersion burns Unexplained retinal hemorrhages Acts that cause more than just transient pain are not

obvious (e.g., shaking a child, smothering the child, threatening child with deadly weapon)

Bruises on uncommonly injured body surfaces Blunt instrument marks or burns Human hand marks or bite marks Multiple injuries at different stages of healing Evidence of poor care or failure to thrive Circumferential immersion burns Unexplained retinal hemorrhages Acts that cause more than just transient pain are not

obvious (e.g., shaking a child, smothering the child, threatening child with deadly weapon)

Signs of Sexual Abuse Sudden change in behavior or appearance Eating disorders Wetting or fouling of self Complaining of pain while urinating or having

a bowel movement Isolation/separateness Sexually inappropriate behavior directed at

peers

“Don’t talk to strangers” doesn’t apply here…

93% of juvenile sexual assault victims know their attacker.

34.2% of attackers were family members. 58.7% were acquaintances. Only 7% of the perpetrators were strangers to

the victim.

Rape, Abuse, & Incest National Network

Signs of Negligent Treatment or Maltreatment

Age-inappropriate behaviors Sleep problems Daytime anxieties and unrealistic fears Behavioral extremes/self-destructive behavior Rocking, thumb sucking, enuresis or other

habitual problems

Signs of Neglect Clothes are ill-fitting, filthy, or inappropriate

for the weather Hygiene is consistently bad Untreated illnesses and physical injuries. Is frequently unsupervised or left Is frequently late or missing from school or

falling asleep in school, or coming very early and leaving very late

This is How I Feel

Examples of Emotional Abuse ignoring, withdrawal of attention, or rejection lack of physical affection such as hugs lack of praise, positive reinforcement yelling or screaming threatening or frightening negative

comparisons to others

More Examples belittling; telling the child he or she is "no

good," "worthless," "bad," or "a mistake" using derogatory terms to describe the child,

name-calling shaming or humiliating habitual blaming terrorizing a child

Signs of Emotional Abuse Apathy Depression Lack of concentration Appears defensive, shy, dependent Is verbally abusive- ?using same language

and demeaning terms endured elsewhere Multiple signs emerge

Themes of our Class

• Decision-making about mandatory reporting always involves a process

• This process involves acting congruently with your values

• Good law, good values, and good teaching go hand-in-hand

• Never worry alone

Frame the evidence of abuse or neglect that crosses the line

When the act or omission evidences a serious disregard of consequences of such magnitude as to constitute a clear and present danger to the child’s health, welfare, and safety

Almost without exception a pattern of awful behavior has been endured by the child

When reasonable cause emergesCPS- toll free 866 END HARMInformation to have prepared:

The name, address and age of the child The name and address of the child's parent, guardian or other persons having custody of the child The nature and extent of the abuse or neglect Any evidence of previous incidences

http://www.dshs.wa.gov/ca/safety/abuseReport.asp?2

Resources

Child Welfare Information Gateway http://www.childwelfare.gov/

Childhelp http://www.childhelp.org

Domestic Abuse Projecthttp://www.mndap.org/

King County Domestic Violence Homepagehttp://www.kingcounty.gov/courts/DistrictCourt/Protection%20Order/DomesticViolence.aspx

More Resources

de Benedictis Ph.D., T., Jaffe Ph.D., J., Segal Ph.D., J., (2004) Child Abuse: Types, Signs, Symptoms, Causes and Help.

Help Guide Web site: http://www.helpguide.org/mental/child_abuse_physical_emotional_sexual_neglect.htm#emotional

Washington State Department of Social and Health Services. (2009). Protecting the abused & neglected child: a guide for mandated reporters in recognizing & reporting child abuse & neglect. (DSHS Publication No. DSHS 22-163 Rev. 7/09). Retrieved from: http://www.dshs.wa.gov/pdf/publications/22-163.pdf

Andy Benjamin, J.D., Ph.D., ABPP

Director, Parenting Evaluation/Training Program

University of Washington

E-mail: gahb54@u.washington.edu

Web sites http://depts.washington.edu/petp or http://www.linkedin.com/in/andybenjamin or

http://washington.academia.edu/GAndrewHBenjamin/About