Mandatory Child Abuse Training

1. Mandatory Child Abuse Training

2. Outcomes • Participants will know: • Licensure requirements • Meaning of child and dependent abuse as defined by Iowa Code • Categories of child and dependent abuse • Description of physical, psychological, behavioral, environmental, and other indicators of abuse • Requirements and procedures for reporting suspected cases of abuse • Classifications of mandatory reporters, confidentiality provisions, immunity provisions, and penalties for failure to report • Assessment protocol utilized by DHS following the receipt of a report • Chapter 102 procedures for investigating abuse of students by school employees

3. Licensure Requirements • Mandatory child and dependent adult abuse training is a condition of employment for all employees with a license, authorization, or certificate from the State Board of Educational Examiners • New employees within 6 months of employment • Current employees renewing their license after September 1, 2002 • Every 5 years thereafter

4. History • Child abuse is not a new phenomenon. • The abuse and neglect of children has been documented for more than two thousand years. • Attempts to prevent child abuse are relatively new.

5. History • The first documented legal response to child abuse in the United States occurred in 1874. • The New York Society for the Prevention of Cruelty to Animals pleaded in court to have an 8 year old child removed from her abusive and neglectful environment. • Since there were no child abuse laws, the Society argued that the child was, in fact, an animal, and should be provided the same protection as other animals.

7. History • During the last few decades of the 1800’s, societies to protect children from cruelty were formed in many states. • The next movement to protect children came as the result of several pediatricians publishing articles about children. • These children had suffered multiple fractures and brain injuries at the hands of their caretakers.

10. History • In 1961, Dr. C. Henry Kempe, then president of the American Academy of Pediatrics, held a conference on the “Battered Child Syndrome”. • Dr. Kempe outlined a “duty” to the child to prevent “repetition of trauma”. • The Battered Child Syndrome Conference resulted in many states passing laws to protect children from physical abuse.

11. 1965 “Health Practitioners” required to report • 1974 Mandatory reporter list expanded • Social workers • Psychologists • Certificated school employees • Licensed day care providers • Foster parents • Law enforcement officers • Mental health professions • 1978 Sexual Abuse & Denial of Critical Care added • 1985 Direct reporting to DHS

12. IOWA RESPONSE • 1978 - Iowa’s child abuse reporting law initially enacted • Intent of the law is to identify children who are victims of abuse • Professional assessment to determine if abuse occurred • Protective services designed to protect, treat and prevent further maltreatment • PURPOSE of the Iowa law: to provide the greatest possible protection to children by encouraging the reporting of suspected child abuse.

18. Cost of Child Abuse • Abused children are more likely to: • Have problems in school • Become juvenile offenders • Commit crimes as adults • Societal Costs: • $250 million DHS spends each year to respond directly to abuse • $24.3 billion direct national cost • $69.5 billion indirect national cost

19. Cost of Child Abuse

20. Child Abuse • CHILD • Victim under eighteen years • CIRCUMSTANCES • Subjected to one or more categories of abuse • CARETAKER • Results of acts or omissions of the person responsible for the care of a child • Caretakers • Parent, guardian, or foster parent • Relative or any other person with whom the child resides and assumes care or supervision • Employee or agent of any public or private facility providing care for a child • Any person providing care for a child

21. Categories of Child Abuse • Physical Abuse • Mental Injury • Sexual Abuse • Denial of Critical Care • Child Prostitution • Presence of Illegal Drugs • Manufacturing or Possession of a Dangerous Substance • Bestiality in the Presence of a Minor

22. Physical Abuse • Any non-accidental physical injury • Injury at variance with the history given of it • Results of acts or omissions of a person responsible for the care of a child

23. Physical Abuse Indicators • Unusual or unexplained burns, bruises, or fractures • Inconsistent histories where the explanation does not fit the injury • Story changes over time

24. Mental Injury • Mental injury to a child’s intellectual or psychological capacity • Observable and substantial impairment in child’s ability to function • Impairment is diagnosed and confirmed by a licensed physician or mental health professional

25. Examples of Mental Injury • Ignoring • Rejecting • Isolating • Terrorizing • Corrupting • Verbally assaulting • Over-pressuring

26. Sexual Abuse • Commission of a sexual offense with or to a child • 1st, 2nd, or 3rd degree sexual abuse • Detention in a brothel • Lascivious acts with a child or minor • Indecent exposure • Assault with intent to commit sexual abuse • Indecent contact with a child • Sexual exploitation by a counselor or therapist • Sexual exploitation of a minor

28. Sexual Abuse Indicators • Excessive knowledge of sexual matters beyond their normal developmental age • Seductiveness • Bruised or bleeding genitalia • Venereal disease • Pregnancy

29. Denial of Critical Care • Failure on the part of a person responsible for the care to provide when financially able to do so: • Adequate food/nutrition • Adequate shelter • Adequate clothing • Adequate health care To such an extent that a child is at risk of injury or death Gross failure to meet emotional needs or failure to provide mental health care Failure to provide proper supervision Failure to respond to life-threatening conditions

30. Child Prostitution • Acts or omissions of a person responsible for the care of a child which allow, permit, or encourage prostitution.

31. Presence of Illegal Drugs • An illegal drug is present in a child’s body as a direct and foreseeable consequence of the acts or omissions of the person responsible for the care of a child. • Determined by a drug screen

32. Manufacture or Possession of a Dangerous Substance Essentially refers to meth labs operated by parents in the presence of a child. Can also include other dangerous activities such as making bombs.

33. Bestiality in the Presence of a Minor • Commission of a sex act with an animal in the presence of a child • By a person who resides in a home with a child • Result of the acts or omissions of a person responsible for the care of the child

34. Dependent Adult Abuse • 18 years of age or older • Unable to protect one’s own interests • Unable to adequately perform or obtain services necessary to meet essential human needs • Result of a physical or mental condition requiring assistance from another

35. Categories of Dependent Adult Abuse • Physical abuse • Sexual abuse • Exploitation- includes financial & sexual • Denial of critical care- includes self-denial of critical care

36. Dependent Adult Abuse • Includes persons with diminished physical or mental capacity • Victim must meet the definition of being a dependent adult, AND • The victim suffers one of the categories of abuse or neglect, AND • The abuse or neglect occurred as a result of acts or omissions of a responsible caretaker OR of the dependent adult

37. Indicators of Dependent Adult Abuse • Environment • Clothes dirty or uncared for • Not dressed appropriately for the weather • No means of transportation

38. Indicators of Dependent Adult Abuse • Physical Condition • Lack of personal cleanliness & grooming, body odors • Decayed teeth • Untreated pressure sores • Signs of confinement • Lack of mobility

39. Indicators of Dependent Adult Abuse • BEHAVIOR • Intentional physical abuse or suicidal statements • Persistent liar • Threatens or attacks others physically or verbally • Increased depression, anxiety or hostility • Withdrawn, reclusive, suspicious, timid, unresponsive • Lack of trust in others

40. Mandatory Reporters • Health • Mental Health • Education • Law Enforcement • Child Care • Social Work

41. How to Report Suspected Abuse • An oral report must be filed within 24 hours of being made aware of the abuse • A written report must be filed within 48 hours • Call your local DHS office during regular business hours or call the 24-hour hotline. 1-800-362-2178 • If you believe the child is in imminent danger, call law enforcement immediately.

42. When filing a mandated report, the following information should be shared: • Names and address of the child and the child’s parents or caretakers • The child’s current whereabouts • The child’s age • The nature and extent of the child’s injuries • The name, age, and condition of other children in the same household

43. Any additional information that you feel is helpful in establishing the cause of the injury to the child • The identity of the person(s) responsible for the injury • Your name and address

46. Confidentiality is waived when making a report, meaning you cannot be prosecuted. But, once you make a report, it should not be discussed with anyone else. • The written report should not be placed in the student’s school file. Best practice would be not to keep a copy at all, but if you feel you must, keep the copy at home.

47. Penalties • Failing to make a report is a simple misdemeanor (up to 30 days in jail or $100 fine). You can also be held civilly liable for damages caused by failure to report. • Knowingly making a false report is a simple misdemeanor.

48. DHS Response Process: • Intake • Case Assignment • Evaluation of alleged abuse • Determining if abuse occurred • Placing a report on the Child Abuse Registry • Assessment of family strengths and needs • Preparing forms and reports

49. DHS response time once a report has been made: • 1 hour: if there is an immediate threat, high risk to the child’s safety, or if the child is under one year old; • 24 hours: if there is not an immediate threat or high risk to the child, but the alleged abuser has access to the child; • 96 hours: if there is not an immediate threat or high risk to the child and the alleged abuser clearly does not have access to the child.

50. Possible Outcomes • Founded • Confirmed & placed on Registry (Most confirmed reports) • Confirmed • But not placed on Child Abuse Registry (Physical abuse & DCC when minor, isolated, unlikely to reoccur) • Not Confirmed • There is not a preponderance of available credible evidence that abuse did occur • Services still offered to families even if not confirmed