Mandatory Reporter Training

1. Mandatory Reporter Training Multidisciplinary Protocol for the Investigation of Child Abuse Maricopa County Children’s Justice Program Presented by: Children’s Justice Coordinator

2. Advocacy CentersGenerally • Provide a child-appropriate and child-friendly facility. • Promote multidisciplinary investigations and coordinated forensic interviews. • The multidisciplinary team: law enforcement, DCS, forensic medical professionals and interviewers, prosecutors, victim advocates, mental health professionals • Facilitate case reviews. • Offer services such as medical evaluation, therapeutic intervention, and victim advocacy in a single location.

3. Advocacy CentersMaricopa County 7 advocacy centers located in Maricopa County: • Childhelp Children’s Center (Phoenix) • Glendale Advocacy Center • Chandler Family Advocacy Center • Mesa Family Advocacy Center • Scottsdale Family Advocacy Center • Southwest Family Advocacy Center (Goodyear) • Phoenix Family Advocacy Center

4. Advocacy Centers VICTIM

5. Facility Pictures

6. Understanding Child AbuseNational Statistics • A child abuse report is made every 10 seconds. • More than 4 children die every day as a result of child abuse.  • More than 90% of juvenile sexual abuse victims know their offender in some way. • See https://www.childhelp.org/child-abuse-statistics/.

7. Current Statistics • There were 676,000 child victims of abuse & neglect in 2016 in Arizona. • 28.5% of victims were under 3 years of age. • Statistics show a decrease in convicted cases of child abuse and neglect but an increase in the national number of extreme forms of abuse and fatalities as a result of child abuse and neglect since 2012. • Decrease in sexual abuse based on Finkelhor’s research Note: data is collected on abuse and neglect every 2 years. Source: Child Maltreatment 2016. (2018). U.S Department of Health & Human Services: Children’s Bureau. Retrieved from: https://www.acf.hhs.gov/cb/resource/child-maltreatment-2016

8. Understanding Child AbuseEconomic Impact • Child abuse and neglect costs our nation $220 million every day. • Our nation paid a staggering $80 BILLION to address child abuse and neglect in 2012. • These costs very from medical costs, behavioral health costs, special education, prosecution expenditures, foster homes, emergency/transitional housing and early interventions. • See https://www.childhelp.org/child-abuse-statistics/.

9. Understanding Child AbuseHealth Impact • Adverse childhood experiences are linked to a long-term health impact. • 6+ adverse experiences potentially decrease life expectancy by two decades. • Heart disease, pulmonary disease, liver disease linked to child abuse. • See https://www.childhelp.org/child-abuse-statistics/.

10. Understanding Child AbuseFatalities • In 2014, state agencies identified an estimated 1,580 children who died as a result of abuse and neglect. • More than 80% of children that died were not yet old enough for kindergarten. • Around 80% of child maltreatment fatalities involve at least one perpetrating parent. • See https://www.childhelp.org/child-abuse-statistics/.

11. Mandatory Reporting LawGenerally • Found in the Arizona Revised Statutes (A.R.S.) and the Protocol. • A.R.S. Title 13 – Criminal Code • A.R.S. § 13-3620 • A.R.S. Title 8 – Child Safety statutes • Be aware of potential legislative amendments and Protocol revisions. • See A.R.S. Title 13. • See http://www.maricopacountyattorney.org/pdfs/protocols/Multidisciplinary-Protocol-on-Investigation-of-Child-Abuse-2008.pdf.

12. Mandatory Reporting LawA.R.S. § 13-3620(A) • “Any person who reasonably believes that a minoris or has been the victim of…abuse…or neglect…shallimmediatelyreport or cause reports to be made…to a peace officer…[or] to the department of child safety.” • A.R.S. § 13-3620(A).

13. Mandatory Reporting LawAny person… • Any person… • Medical health professional • Peace officers & Police officers • DCS investigator/worker • Member of the clergy • Parent, stepparent, guardian • School personnel • Domestic violence victim advocates • Those responsible for minor’s care or treatment • “Any personwho reasonably believes that a minor is or has been the victim of…abuse…or neglect…shall immediately report or cause reports to be made…to a peace officer…[or] to the department of child safety.”

14. If you are not a mandatory reporter • You are a discretionary reporter and you still may report.

15. Mandatory Reporting LawAny person… • Police officers and members of the clergy • All children, all the time • Always on duty • Parents, step-parents, guardians • Their own children, all the time • Duty to report even if care is temporary • “Any personwho reasonably believes that a minor is or has been the victim of…abuse…or neglect…shall immediately report or cause reports to be made…to a peace officer…[or] to the department of child safety.”

16. Mandatory Reporting LawAny person… • Persons whose jobs or professions impose a duty to report information received during the course of employment. • Medical health professionals, counselors, school personnel, domestic violence victim advocates • Some of the time, all children • “Any personwho reasonably believes that a minor is or has been the victim of…abuse…or neglect…shall immediately report or cause reports to be made…to a peace officer…[or] to the department of child safety.”

17. Mandatory Reporting LawAny person… Course of Employment • Some of the time, all children • When off duty, your profession does not impose a mandatory duty to report. • Exception: A third-party provides you information regarding abuse or neglect of a child. • “Any personwho reasonably believes that a minor is or has been the victim of…abuse…or neglect…shall immediately report or cause reports to be made…to a peace officer…[or] to the department of child safety.”

18. Mandatory Reporting LawAny person… Third-Party Information • If a mandated reporter is informed by a third-party that a child may be the victim of abuse or neglect, the third-party should be encouraged to make a report. • Note: It is still the mandated reporter’s responsibility to immediately make a report. See Protocol, Ch. VIII, § II(A)(3). • “Any personwho reasonably believes that a minor is or has been the victim of…abuse…or neglect…shall immediately report or cause reports to be made…to a peace officer…[or] to the department of child safety.”

19. Mandatory Reporting LawAny person… Personal Responsibility • Be advised: • It is ultimately the responsibility of the person receiving the initial disclosure or making the initial observations of abuse to ensure that a report is made to the proper authorities. See Protocol, Ch. VIII, § II(C). • Reporting to a supervisor, principal, school nurse, counselor, youth protection advocate, director, etc. does not relieve one’s duty to report. • “Any personwho reasonably believes that a minor is or has been the victim of…abuse…or neglect…shall immediately report or cause reports to be made…to a peace officer…[or] to the department of child safety.”

20. Do offenders Molest with others nearby/ present? • 54.9% molested with another child present • 23.0% molested with another adult present • 14.2% molested with both another adult and another child present • 63% of those who had not said they may have progressed to offending with another person present at one point Retrieved from Attorney General’s training: “Child Abuse in a Religious Setting,” 2018

21. Mandatory Reporting LawEstablishing Reasonable Belief • 3 ways to develop a reasonable belief: • Direct disclosure from child. • Child has unexplained injuries or an explanation that is inconsistent with injuries. • Third-party with reliable information giving reason to believe abuse or neglect has occurred. Note* Reporting does not require certainty! • “Any person who reasonably believesthat a minor is or has been the victim of…abuse…or neglect…shall immediately report or cause reports to be made…to a peace officer…[or] to the department of child safety.”

22. Mandatory Reporting LawWhat to Do… • DO: • Find a quiet, private place conducive to one-on-one conversation to talk. • Listen intently. • Document exact quotes. • Support the child without judgment. • Be aware of your body language. • See Protocol, Ch. VIII, §§ II & III.

23. Mandatory Reporting LawWhat Not to Do… • DO NOT: • Make assumptions. • Make promises. • Speak negatively about the child’s family. • Ask questions that the child has already answered. • Counsel the child by asking additional questions or for statement expansion. • See Protocol, Ch. VIII, §§ II & III.

24. Mandatory Reporting LawImportance & Relevance • It takes a tremendous amount of courage for a child to decide to disclose abuse or neglect. Therefore, if a child chooses YOU to disclose to, it is critical to be cognizant of your body language, tone, word choice, and personal opinions while speaking with the child.

25. Mandatory Reporting LawWhen speaking with a child… • Ask only these 4 open-ended questions: • What happened? • Who did it? • Where were you when it happened? • When did it happen? • Additional questions may contaminate or spoil the investigation. • See Protocol, Ch. VIII, § II(B).

26. Mandatory Reporting LawExamples & Practice • You ask, “What happened to your face?” Child responds, “I got hit.” • Follow-up questions: Who? Where? When? • You ask, “What happened to your face?” Child responds, “Last night, at home, my dadhit me because I was late.” • Follow-up questions: None. Resist the urge to ask questions beyond the what, who, where and when.

27. Mandatory Reporting LawMinor/Past & Present Abuse • Minor • Individual who is under 18 years of age or was under 18 years of age when abuse or neglect occurred. • Past and present abuse • Both must be reported unless the person is now an adult. • “Any person who reasonably believes that a minor is or has been the victim of…abuse…or neglect…shall immediately report or cause reports to be made…to a peace officer…[or] to the department of child safety.”

28. Mandatory Reporting LawIdentifying Child Abuse & Neglect • Abuse • Physical • Sexual • Emotional • Neglect • “Any person who reasonably believes that a minor is or has been the victim of…abuse…or neglect…shall immediately report or cause reports to be made…to a peace officer…[or] to the department of child safety.”

29. Arizona Department of Child Safety, "Child Welfare Reporting Requirements Semi-Annual Report for the Period of Oct. 1, 2017 through Mar. 31, 2018"

30. Mandatory Reporting LawIdentifying Physical Abuse • Any non-accidental (i.e., intentional) injury to a child. • Includes reckless acts (e.g., driving intoxicated with a child in the vehicle). • Is corporal punishment considered abuse according to Arizona Law? • Pictures of physical abuse – next five slides. • “Any person who reasonably believes that a minor is or has been the victim of…abuse…or neglect…shall immediately report or cause reports to be made…to a peace officer…[or] to the department of child safety.”

31. Mandatory Reporting LawExamples of Physical Abuse • “Any person who reasonably believes that a minor is or has been the victim of…abuse…or neglect…shall immediately report or cause reports to be made…to a peace officer…[or] to the department of child safety.”

32. Mandatory Reporting LawExamples of Physical Abuse • “Any person who reasonably believes that a minor is or has been the victim of…abuse…or neglect…shall immediately report or cause reports to be made…to a peace officer…[or] to the department of child safety.”

33. Mandatory Reporting LawExamples of Physical Abuse • “Any person who reasonably believes that a minor is or has been the victim of…abuse…or neglect…shall immediately report or cause reports to be made…to a peace officer…[or] to the department of child safety.”

34. Mandatory Reporting LawExamples of Physical Abuse • “Any person who reasonably believes that a minor is or has been the victim of…abuse…or neglect…shall immediately report or cause reports to be made…to a peace officer…[or] to the department of child safety.”

35. Mandatory Reporting LawExamples of Physical Abuse • “Any person who reasonably believes that a minor is or has been the victim of…abuse…or neglect…shall immediately report or cause reports to be made…to a peace officer…[or] to the department of child safety.”

36. Typical features of accidental injuries

37. Typical features of non-accidental injuries (injuries that should raise concerns)

38. Mandatory Reporting LawPhysical Abuse Behavioral Indicators Current behavior inconsistent with past behavior.

39. Sexual Abuse Cases You are not mandated to report if… • BOTH parties are 15, 16, or 17 • There is nothing to indicate sexual conduct is other than consensual • If the victim is 15, 16, or 17 years of age, the defendant is under nineteen years of age or attending high school and is no more than twenty-four months older than the victim and the conduct is consensual.

40. Mandatory Reporting LawSexual Abuse Defined A.R.S. § 13-1404 – Sexual Abuse A.R.S. § 13-1405 – Sexual Conduct with a Minor A.R.S. § 13-1406 – Sexual Assault A.R.S. § 13-1410 – Molestation A.R.S. § 13-3212 – Child Prostitution A.R.S. § 13-3552 – Commercial Sexual Exploitation • “Any person who reasonably believes that a minor is or has been the victim of…abuse…or neglect…shall immediately report or cause reports to be made…to a peace officer…[or] to the department of child safety.”

41. Mandatory Reporting LawSexual Abuse Defined • A.R.S. § 13-3553 – Sexual Exploitation • “[K]nowingly…recording, filming, photographing, developing or duplicating any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.” • “Any person who reasonably believes that a minor is or has been the victim of…abuse…or neglect…shall immediately report or cause reports to be made…to a peace officer…[or] to the department of child safety.”

42. Mandatory Reporting LawIdentifying Sexual Abuse • Summary • Any sexual act between an adult and minor or between minors when one exerts power over the other. • Includes non-contact acts such as exhibitionism, exposure to pornography, voyeurism, and communicating in a sexual manner by phone or the Internet. • “Any person who reasonably believes that a minor is or has been the victim of…abuse…or neglect…shall immediately report or cause reports to be made…to a peace officer…[or] to the department of child safety.”

43. Identifying Child AbuseSexual Abuse Behavioral Indicators Current behavior inconsistent with past behavior.

44. Mandatory Reporting LawEmotional Abuse Defined • A.R.S. § 8-201(2) • “[I]nfliction of or allowing another person to cause serious emotional damage as evidenced by severe anxiety, depression, withdrawal or untoward aggressive behavior and which emotional damage is diagnosed by a medical doctor or psychologist and is caused by the acts or omissions of an individual who has the care, custody and control of a child.” • “Any person who reasonably believes that a minor is or has been the victim of…abuse…or neglect…shall immediately report or cause reports to be made…to a peace officer…[or] to the department of child safety.”

45. Mandatory Reporting LawNeglect Defined • A.R.S. § 8-201(24) • “The inability or unwillingness of a parent, guardian or custodian…to provide…supervision, food, clothing, shelter or medical care if that inability or unwillingness causes unreasonable risk of harm to the child’s health or welfare…” • “Any person who reasonably believes that a minor is or has been the victim of…abuse…or neglect…shall immediately report or cause reports to be made…to a peace officer…[or] to the department of child safety.”

46. Types of neglect • Physical neglect is the most frequently occurring type. It accounts for 51% of the neglect cases and involved 507,000 children in 1988. • Educational neglect is the second most frequent type occurring in 29% of the cases involving 285,900 children. • Emotional neglect is the least frequent type with 203,000 children or 20% of the neglect cases. https://www.azcourts.gov/casa/Training/Training-Courses/Childhood-Neglect

47. Physical Neglect • Refusal of Health Care - Failure to provide or allow needed care in accord with recommendations of a competent health care professional for a physical injury, illness, medical condition, or impairment. • Delay in Health Care - Failure to seek timely and appropriate medical care for a serious health problem which any reasonable layman would have recognized as needing professional medical attention. • Abandonment - Desertion of a child without arranging for reasonable care and supervision. This category included cases in which children were not claimed within 2 days, and when children were left by parents/substitutes who gave no (or false) information about their whereabouts. • Expulsion - Other blatant refusals of custody, such as permanent or indefinite expulsion of a child from the home without adequate arrangement for care by others, or refusal to accept custody of a returned runaway. • Other Custody Issues - Custody-related forms of inattention to the child's needs other than those covered by abandonment or expulsion. For example, repeated shuttling of a child from one household to another due to apparent unwillingness to maintain custody, or chronically and repeatedly leaving a child with others for days/weeks at a time. • Other Physical Neglect - Conspicuous inattention to avoidable hazards in the home; inadequate nutrition, clothing, or hygiene; and other forms of reckless disregard of the child's safety and welfare, such as driving with the child while intoxicated, leaving a young child unattended in a motor vehicle, and so forth.

48. Educational Neglect • Permitted Chronic Truancy - Habitual truancy averaging at least 5 days a month was classifiable under this form of maltreatment if the parent/guardian had been informed of the problem and had not attempted to intervene. • Failure to Enroll/Other Truancy - Failure to register or enroll a child of mandatory school age, causing the school-aged child to remain at home for non-legitimate reasons (e.g., to work, to care for siblings, etc.) an average of at least 3 days a month. • Inattention to Special Education Need Emotional - Refusal to allow or failure to obtain recommended remedial educational services, or neglect in obtaining or following through with treatment for a child's diagnosed learning disorder or other special education need without reasonable cause.

49. Emotional Neglect • Inadequate Nurturance/Affection - Marked inattention to the child's needs for affection, emotional support, attention, or competence. • Chronic/Extreme Abuse or Domestic Violence - Chronic or extreme spouse abuse or other domestic violence in the child's presence. • Permitted Drug/Alcohol Abuse - Encouraging or permitting drug or alcohol use by the child; cases of the child's drug/alcohol use are included here if it appeared that the parent/guardian had been informed of the problem and had not attempted to intervene. • Permitted Other Maladaptive Behavior - Encouragement or permitting of other maladaptive behavior (e.g., severe assaultiveness, chronic delinquency) in circumstances in which the parent/ guardian had reason to be aware of the existence and seriousness of the problem but did not attempt to intervene. • Delay or refusal in psychological care

50. Mandatory Reporting LawIdentifying Neglect • Key Factors • Failure to provide basic needs must be chronic. • Poverty and lifestyle choices are not signs of neglect. • “Any person who reasonably believes that a minor is or has been the victim of…abuse…or neglect…shall immediately report or cause reports to be made…to a peace officer…[or] to the department of child safety.”