HOW TO IDENTIFY AND REPORT CHILD ABUSE AND NEGLECT IN DELAWARE With an Overview of the Memorandum of Understanding Between the Department of Education (DOE) and the Department of Services for Children, Youth and Their Families (DSCYF) DEVELOPED BY THE CHILD PROTECTION ACCOUNTABILITY COMMISSION (CPAC) School Training - August 2012 HOW MANY CHILDREN ARE UNSAFE BECAUSE THEY ARE ABUSED OR NEGLECTED? National Statistics In FFY 2009, 3.3 million allegations of
child abuse and neglect were reported. 25% of the investigations determined at least one child was abused or neglected. In FFY 2009, 1,770 children died as a result of abuse or neglect. Delaware Statistics The Division of Family Services received 14,010 reports in FY 2011. Of those, 7,358
(53%) met the criteria for investigation. 1,651 reports were substantiated. Source: DHHS, ACF Child Maltreatment 2009; Family Services Intake and Investigation Statistics 2 HOW DO I RECOGNIZE CHILD ABUSE AND NEGLECT? DIVISION OF FAMILY SERVICES CHILD ABUSE & NEGLECT REPORT LINE 24/7 1-800-292-9582
3 CHILD ABUSE 468 of Title 11; 901(1), Abuse As defined in 10 Del.C. 901(1), Abuse or abused child means that the person: - Causes or inflicts sexual abuse on a child; or - Has care, custody, or control of a child, and causes or inflicts: Physical injury through unjustified force as defined in 468 of Title 11; Emotional abuse; Torture; Exploitation; or
Maltreatment or mistreatment 4 UNJUSTIFIED FORCE INCLUDES BUT IS NOT LIMITED TO: Throwing the child, kicking, burning, cutting, striking with a closed fist; Interfering with breathing; Use of or threatened use of a deadly weapon; Prolonged deprivation of sustenance or medication, or doing any other act that is likely to cause or does cause physical injury, disfigurement, mental distress, unnecessary degradation or substantial risk of serious
physical injury or death. 5 NEGLECT 901(1), Abuse As defined in 10 Del. C. 901 (18) "Neglect" or "neglected child" means that a person: a. Is responsible for the care, custody, and/or control of the child; and b. Has the ability and financial means to provide for the care of the child; and. 7 NEGLECT (CONT.)
1. Fails to provide necessary care with regard to: food, clothing, shelter, education, health, medical or other care necessary for the child's emotional, physical, or mental health, or safety and general well-being; or 2. Chronically and severely abuses alcohol or a controlled substance, is not active in treatment for such abuse, and the abuse threatens the child's ability to receive care necessary for that child's safety and general well-being, or 3. Fails to provide necessary supervision appropriate for a child when the child is unable to care for that child's own basic needs or safety, after considering such factors as the child's age, mental ability, physical condition, the length of the caretaker's absence, and the context of the child's environment. 8 SEXUAL ABUSE
As defined in 10 Del.C.468 of Title 11;901(21), "Sexual abuse" means any act against a child that is described as a sex offense in 468 of Title 11; 761(h) of Title 11 including: Sexual Harassment Indecent Exposure Incest Unlawful Sexual Contact Rape Sexual Abuse of a Child by a Person in a Position of Trust, Authority or Supervision. Sexual Exploitation of a Child 9 Dealing in Child Pornography DETERMINING AGE OF CONSENT FOR SEXUAL CONTACT
Consensual sexual contact between two minors does not require a mandatory report, even if that sexual contact results in a pregnancy. Suspected sexual behavior by force or coercion against a minor (even by another minor) must be reported. 10 DETERMINING AGE OF CONSENT FOR SEXUAL CONTACT (CONT) 18 years and older: Can consent to sexual contact with other adults. Except: When the victim suffers from a cognitive disability, mental illness or mental limitation which
renders the victim incapable of appraising the nature of the sexual conduct or incapable of consenting; If force or coercion occurred on school grounds or at a school function; or If sexual contact occurred between a student and a school employee, then a school employee must report to the school administrator or designee. 11 DETERMINING AGE OF CONSENT FOR SEXUAL CONTACT (CONT) 16 and 17 year-olds: Can consent to sexual contact with someone who is under 30 years of age. 12-15 year-olds: Can ONLY consent to sex
with someone who is no more than 4 years older than the child. Under 12 years-old: Children under 12 years old CANNOT legally consent to sexual contact. All of these cases MUST be reported. Children CANNOT legally consent to sexual contact with anyone who is in a position of 12 ENHANCED PENALTIES FOR CRIMES ASSOCIATED WITH SEXUAL ABUSE OF CHILDREN Title 11 of the Delaware Code Relating to Crimes Against Children and Specific Offenses was amended
on June 30, 2010 to clarify who is in a position of trust, authority or supervision over a child and to enhance the penalties for committing such offenses. The provisions of the present criminal code concerning rape and unlawful sexual conduct that contain position of trust were also consolidated as a single crime known as "sexual abuse of a child by a person in a position of trust, authority or supervision." 13 Emotional abuse - defined as threats to inflict undue physical or emotional harm, and it may also include chronic or recurring incidents of ridiculing,
demeaning, and making derogatory remarks. EMOTIONAL MALTREATMENT Emotional neglect - defined as incidents of isolating/shunning, rejecting or ignoring the child. 14 DEPENDENCY 901(1), Abuse 10 Del. C. 908 (8) "Dependency" or "dependent child" means that a person:
a. Is responsible for the care, custody, and/or control of the child; and b. Does not have the ability and/or financial means to provide for the care of the child; and 15 DEPENDENCY (CONT.) 1. Fails to provide necessary care with regard to: food, clothing, shelter, education, health care, medical care or other care necessary for the child's emotional, physical or mental health, or safety and general well-being; or 2. The child is living in a nonrelated home on an extended basis without the consent and approval of the DSCYF or any agency or court licensed or authorized to place children in a nonrelated home; or 3. The child has been placed with a licensed agency which
certifies it cannot complete a suitable adoption plan. 16 DEPENDENCY INCLUDES Child Living in a Non-Related Home Inability to Complete Adoption Plan Out-of-State Runaway Abandoned Infant (Safe Arms) 17 Safe Arms for Babies allows a parent to go to any Delaware hospital emergency department and leave their newborn (14 days old or younger) with
any emergency department staff or volunteer. Provides immunity from criminal prosecution for abandonment provided the baby is alive, unharmed and brought into a hospital emergency department. SAFE ARMS FOR BABIES 1-800-262-9800 Detailed information can be found at the Division of Public Healths website: http://www.dhss.delaware.gov/dhss/dph/chca/dphahsab01.html
18 RISK FACTORS ASSOCIATED WITH ABUSE AND NEGLECT SUBSTANCE ABUSE & DOMESTIC VIOLENCE 19 SUBSTANCE ABUSE Parental addiction is a significant factor in child abuse and neglect cases, with studies suggesting 40% to 80% of families in the child welfare system are affected by addiction. Data indicates that abused and neglected children from substance abusing families are more likely to be placed in foster care and to
remain there longer than maltreated children from non-substance families. SOURCE: CWLA NATIONAL FACT SHEET 2008 20 SUBSTANCE ABUSE (CONT.) 901(1), Abuse ENDANGERING THE WELFARE OF A CHILD 11 DEL. C. 1102(A)(5) 468 of Title 11; 468 of Title 11;
(5) The person commits the offense of Driving Under the Influence as set forth in 4177 of Title 21, or the offense of Operating a Vessel or Boat Under the Influence as set forth in 2302 of Title 23, and during the commission of the offense knowingly permits a child less than 18 years of age to be a passenger in or on such vehicle, vessel or boat. 21
DOMESTIC VIOLENCE Delaware law does not mandate reports of DV to law enforcement for adult victims. DV cases involving children are mandated reports to DFS when the DV is chronic or severe/escalating and impairs the caregivers ability to keep the child safe. In Delaware, there are a variety of services to help victims of DV including 24 hour hotlines that can provide crisis intervention, resources, legal remedies and safety planning. 22 WHEN CHILDREN ARE INVOLVED IN DOMESTIC VIOLENCE
Report cases to DFS of child abuse when a: Child is injured during an incident of domestic violence. Child is not injured but is at risk of injury, such as witnessing domestic violence where a weapon or a potentially dangerous object has been used or where a child has attempted to physically intervene in a manner that puts the child in danger of being injured. 23 WHEN CHILDREN ARE INVOLVED IN
DOMESTIC VIOLENCE (CONT) Report cases to DFS of emotional harm to a child due to domestic violence when a: Child is aware of DV (either chronic or single incident) perpetrated against his/her caregiver by a domestic partner and that involves a significant injury to the victim or use of weapon; AND Child has a diagnosed mental health condition or behaviors that signify severe psychological harm. 24
Child Inc.'s Domestic Violence Program New Castle County (Bilingual): 302-7626110 SAFE Program at People's Place Kent and Sussex Counties: 302-422-8058 Northern Kent County: 302-678-3886 DOMESTIC VIOLENCE SERVICES Abriendo Puertas Bilingual Hotline Sussex County: 302-745-9874
25 HOW DO I REPORT CHILD ABUSE & NEGLECT? DIVISION OF FAMILY SERVICES CHILD ABUSE & NEGLECT REPORT LINE 24/7 1-800-292-9582 26 TITLE 16, SUBSECTION 903 OF THE DELAWARE CODE STATES: 468 of Title 11;
Any person, agency, organization or entity who knows or in good faith suspects child abuse or neglect shall make a report in accordance with 904 of this title. 27 CAN I BE HELD LIABLE FOR MAKING A REPORT ABOUT CHILD ABUSE AND NEGLECT? 16 Del.C. 468 of Title 11;908 (a) states that Anyone participating in good faith in the making of a report or notifying police officers pursuant to this chapter, performing a medical examination without the consent of those responsible for the care, custody and control of a child pursuant to 468 of Title 11; 906(b)(5) of this
title, or exercising emergency protective custody in compliance with 468 of Title 11; 907 of this title, shall have immunity from any liability, civil or criminal, that might otherwise exist, 28 CAN ANYTHING HAPPEN TO ME IF I DO NOT REPORT CHILD ABUSE AND NEGLECT? There is a penalty for not reporting. 16 Del. C. 468 of Title 11; 914. Penalty for violation. a) Whoever violates 468 of Title 11;903 of this title shall be liable for a civil penalty not to exceed $10,000 for the first violation, and not to exceed $50,000 for any subsequent violation. b) In any action brought under this section, if the court finds a violation, the court may award costs
and attorneys' fees. 29 WHAT SHOULD YOU DO IF YOU SUSPECT CHILD ABUSE OR NEGLECT? If you observe physical or behavioral indicators, ask Minimal Fact Questions, such as : What happened? When did that happen? Where did that happen? Did you tell anyone what happened? Write down childs exact words if you must speak to child. If the child is unable to communicate, then make the report based on your observations of the physical and/or 30
behavioral indicators. WHAT SHOULD YOU DO IF YOU SUSPECT CHILD ABUSE OR NEGLECT? (CONT.) Avoid Expressing disbelief, shock or anger, etc. Value judgments and accusatory statements Thank the child for telling you and tell the child it is not his/her fault. Tell the child you have to report the abuse to a 31 professional. WHAT SHOULD YOU DO IF YOU KNOW/SUSPECT CHILD ABUSE OR NEGLECT? (CONT.)
Do not interview the child multiple times. 2. Do not take pictures of the injuries or ask the child to undress. (Exception medical providers) 3. Do not notify the parent/caretaker you are making a report. 1. 32 WHAT INFORMATION IS NEEDED TO MAKE A REPORT?
Demographics; Known information about the parents or siblings; Known information about the alleged child victims physical health, mental health, educational status; Information regarding medical attention that may be needed for injuries; Any information you have about the way the caregivers behavior is impacting the care of the child; and Known information that could put the childs or DFS workers safety in peril such as the presence of alcohol, drugs, weapons, dangerous animals or criminal behavior. 33
To report suspected child abuse or neglect in Delaware call the 24 Hour Division of Family Services (DFS) Report Line at 1-800-292-9582. Delawares 800# is a national and statewide number. Reports should not be made to local DFS offices. Spanish translation is available 24/7. DFS also accepts written reports and walk-in reports.
CHILD ABUSE REPORT LINE Calls are digitally recorded for random quality assurance reviews. 34 Magic words are I want to make a report. The person who spoke to or observed the child should make the report because it is required by statute and the Report Line may have questions
about the childs disclosure or condition. DFS may have information about the family you dont know about. CHILD ABUSE REPORT LINE (CONT) You will be informed at the time of your call whether the report has been accepted or not for investigation or you should receive a call back within 24 hours, if you provide your name. If unsure, DFS needs to be the decider. Its okay to call the Report Line and discuss what you know.
35 THREE QUESTIONS THAT WILL BE ASKED OF THE REPORTER What are What is you working worried well? about? What needs to happen next? 36
WHAT ARE YOU WORRIED ABOUT? 37 GENERALIZATIONS VS. BEHAVIOR AND IMPACT She is mentally ill.
How do you know? What are the caregiver behaviors associated with it? When do those behaviors show themselves? How do those behaviors impact the child? How did you find out? What does the child know? What has the child seen? What are you worried is happening or will happen? 38 WHAT IS WORKING WELL? If DFS does not know what is working well they cannot know how worried to be. Questions will be asked that rigorously surface the history of protectionand how this can be
applied to the safety of the children going forward. 39 WHAT NEEDS TO HAPPEN NEXT? To Keep the Child Safe, AND To Help the Family. 40 THE DIVISION OF FAMILY SERVICES Receives reports for all children in the State of Delaware that have been abused or neglected. Then DFS will do one of three things: 1. Accept the report and investigate the
allegations or conduct a family assessment; or 2. Refer the report to law enforcement for investigation; or 3. Document the report, but not investigate the allegations. 41 NEW DFS RESPONSE TIMES Investigation Response Times Priority One Within 24 hours Priority Two Within 72 hours Priority Three Within 10 days 42
MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN DOE AND DSCYF The entire MOU can be found at: http://www.doe.k12.de.us/ DDOEDSCYFMOU.pdf 43 OVERVIEW OF THE MOU Ensures Compliance with 14 DE Code 468 of Title 11; 4123, which requires full-time teachers to receive 1 hour of training every year in the detection and reporting of child abuse; Establishes Each Disciplines Roles and Responsibilities in the Reporting and Investigation of Child Abuse; Enhances Case Collaboration and Information Sharing;
Delineates McKinney- Vento Protections; Establishes a Protocol for Transition to/from DSCYF to Local Education Agencies (LEAs) and Charter Schools; and Addresses Confidentiality and Dispute Resolution. 44 ROLES AND RESPONSIBILITIES: CHILD ABUSE REPORTING Local Education Agencies/Charter Schools shall: Report suspicion of abuse or neglect; Make a new report each time abuse or neglect is suspected; School employee who spoke to or observed the
child shall make the call to the report line. Fax or mail the Mandatory Reporting Form to DFS within 72 hours for documentation. 45 ROLES AND RESPONSIBILITIES: CHILD ABUSE INVESTIGATION Division of Family Services will respond as follows for reports initiated by the school: Never release the source of the report; Decide whether or not to initiate the investigation onsite at the school; Contact the school about the expected response time; Report to the schools main office and provide ID, if a school response is warranted; Contact law enforcement for reports that would
constitute a criminal violence against a child and may request a police response at the school or for the police to transport the child to the hospital; 46 ROLES AND RESPONSIBILITIES: CHILD ABUSE INVESTIGATION(CONT) Division of Family Services will respond as follows for reports initiated by the school: Discuss the interview process with the reporter and conditions under which school personnel could be present; Interview the child; Observe and photograph a childs physical injuries in the school environment;
Never conduct a physical assessment of a child alleging sexual abuse; Never transport a child without legal custody, temporary emergency protective custody or a signed parental/legal guardians consent; 47 ROLES AND RESPONSIBILITIES: CHILD ABUSE INVESTIGATION(CONT) Division of Family Services will respond as follows for reports initiated by the school: Authorized to take Temporary Emergency Protective Custody of a child from a school, day care facility, or child care facility; and Permitted to inform the reporter about the following: - DFS responded, the child is safe or the child was placed; - Who is allowed to have contact with child;
- Explain if there is something school should be doing; - Who school should call if something else happens; and - When the childs placement changes if the child was placed out of home. 48 ROLES AND RESPONSIBILITIES: CHILD ABUSE INVESTIGATION(CONT) Division of Family Services will respond as follows for reports initiated by other sources:
Decide whether or not to initiate the investigation at the school; Attempt to contact the school about the expected response time; Report to the main office and provide ID if a school response is warranted; May request that the school nurse assist with the physical assessment of the child, but will not request the nurse to complete the physical assessment prior to the DFS response; and Wellness Center reports will be handled as external reports, but the school may be contacted to obtain information. 49 MULTIDISCIPLINARY RESPONSE TO REPORTS DFS and/or law enforcement will conduct an
investigation for any report that involves an offense against a child. The Department of Justice (DOJ) will decide if there is enough evidence to prosecute criminally or civilly. Whenever appropriate, cases will also be referred to the Childrens Advocacy Center (CAC) for a forensic interview, medical exam and/or mental health screening. 50 HOW CAN INFORMATION BE SHARED?
In general, DFS will share information only when there is a signed release of information (informed, time limited consent). DFS, law enforcement, the CAC, and the DOJ exchange information on families and children when this information is needed to assist an investigation involving a shared client. 51 CASE COLLABORATION AND INFORMATION SHARING
For Active DFS Investigations: Verbal or written consent of a parent/legal guardian or relative caregiver is not required for DFS to investigate allegations of abuse, neglect or dependency or to interview a child. Information sharing is encouraged once the investigation has begun. No identified DFS caseworker Contact the Report Line and leave name and number Identified DFS caseworker Contact the caseworker directly 52 CASE COLLABORATION AND
INFORMATION SHARING (CONT) For Active DFS Treatment Cases: Information can be exchanged with a consent. No identified DFS caseworker Contact the Report Line and leave name and number Identified DFS caseworker Contact the caseworker directly DFS caseworker will contact the school periodically to assess the childs educational status * For more information about the DFS Investigation and
Treatment process, please review the DFS Primer: http://kids.delaware.gov/pdfs/DFSPrimer.pdf 53 CONFIDENTIALITY DSCYF and each LEA/Charter School will comply with the relevant laws and regulations that govern confidentiality. DSCYF and each LEA/Charter School will provide information to each other which is not specifically protected in order to ensure the successful support of children and families. DSCYF and each LEA/Charter School will make
concerted efforts to ensure that parents/guardians understand the importance of sharing information for the success of their child. Laws related to Confidentiality: Child Abuse Prevention and Treatment ACT (CAPTA) 54 WHAT HAPPENS WHEN A STUDENT ENTERS FOSTER CARE? In Delaware, all children in foster care are eligible for the protections and provisions under the McKinney- Vento Homeless Assistance Act .
55 MCKINNEY-VENTO PROTECTIONS Local Education Agencies/Charter Schools shall: Ensure that children in foster care placement are provided the benefits of the McKinney-Vento Act for homeless children. Provide transportation to the foster childs school of origin when in the childs best interest. Use the Determining Feasibility of School
Placement Form 56 MCKINNEY-VENTO PROTECTIONS(CONT) Department of Services for Children, Youth, and Their Families (DSCYF) shall: Enroll a child in foster care in school immediately after a decision in a Best Interest Meeting. Request a meeting with the school when there is a change
in foster care placement. Provide/arrange transportation until LEA transportation to school of origin is established. Provide necessary information and documents. Request an Educational Surrogate Parent if appropriate. Attend an end of year Best Interest Meeting in May/June. 57 MCKINNEY-VENTO PROTECTIONS (CONT) Local Education Agencies/Charter Schools shall: Enroll a child in foster care in the new school within 2 school days of referral (after a Best Interest Meeting) even if DSCYF is unable to produce records.
Transfer of records promptly. Ensure that sending school fully transfers credits, including partial credits. 58 MCKINNEY-VENTO PROTECTIONS (CONT) Local Education Agencies/Charter Schools shall: Accept DSCYF letterhead as proof of residency. Accept registration materials from DSCYF case workers via fax or electronically and schedule a meeting or teleconference with DSCYF.
Host meetings with necessary parties as needed. Host the Best Interest Meeting in May/June. 59 WHAT IF A STUDENT TRANSITIONS TO A DSCYF SCHOOL PROGRAM? DOE and DSCYF have developed a protocol to ensure that children successfully transition to/from DSCYF school programs including licensed or contracted providers.. 60 TRANSITION TO/FROM DSCYF TO LEAS AND CHARTER SCHOOLS The protocol establishes the following:
- Specific timeframes for meetings - Purposes of each meeting - Necessary participants - Actions to be taken - Information to be shared Protocol for Transition to/from DSCYF Programs to LEA or Charter Schools 61 TRANSITION TO/FROM DSCYF TO LEAS AND CHARTER SCHOOLS (CONT) Four timeframes for Transition Meetings are identified: - Before Admission to DSCYF School Programs
Consents signed School information shared ASAP, but no later than 3 school days Notify District of Admission Date into program and date of initial meeting - Initial Educational Planning Meeting No later than 30 days after admission Submit Completed Educational Intake/Update (EIU) Form and educational records Schedule future Educational Planning Review 62 Meetings TRANSITION TO/FROM DSCYF TO LEAS AND CHARTER SCHOOLS (CONT) - Educational Planning Reviews
DSCYF notifies school representative of dates Update EIU for each review Include face to face contacts with school representative Approximate discharge projections conveyed to school personnel - Discharge Planning from DSCYF School Programs No less than 2 weeks before discharge Identify services that need to be provided by receiving school as soon as possible Evaluate for special education services, or IEP 63 needs to be changed WHAT HAPPENS IF REPRESENTATIVES FROM THE TWO DEPARTMENTS
CANNOT AGREE? All attempts should be made to resolve disputes at the LEA/Charter School level with the District Liaison and appropriate DSCYF liaison. When disputes cannot be resolved, they shall be referred, in writing, to the Secretary of Education who may appoint a designee and the appropriate DSCYF Administrator as follows: - DPBHS Director of Clinical Services DFS Administrator of the Office of Childrens Services DYRS DMSS Supervisor of Educational Services
64 CHILD WELFARE TRAININGS AND RESOURCES Guidelines for Responding to Teen Dating and Sexual Violence in Delaware Schools To obtain a copy of the guidelines: courts.delaware.gov/childadvocate/cpac_teenreporting.stm For more information, please contact the Domestic Violence Coordinating Council (DVCC) at 302-255-0405. Darkness to Lights Stewards of Children For more information: www.stewardsofchildrendelaware.org
Onsite Training: Please contact Nikki Mowbray by email at [email protected] or call 302- 472-YMCA ext. 25. Online Training: Available at darkness2light.org. School-Based Personal Safety Programs for Children For more information: www.pcadelaware.org/programs/ Onsite Training: Please contact Prevent Child Abuse Delaware 65 at 302-425-7490. 6 6 66
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