NYS Mandated Reporting and Child Abuse/Neglect (CA/N)

1. NYS Mandated Reporting and Child Abuse/Neglect (CA/N) January 2018 • Presented by: Jennie BernsteinLMSW

2. Statistics/Quick Facts • 3 million cases of abuse reported per year • estimated additional 6 million go unreported • 25% of sexual abuse cases identified by mandated reporters are not reported. • Within the population of abused children: • Victim rate split 50/50 between boys and girls • 75% neglect, 17% physical, 8% sexual • 1 in 10 kids (1 in 4 girls and 1 in 6 boys) will be sexually exploited before the age of 18

3. Statistics/Quick Facts • - 90% of victims know their abuser • - 10% perpetrators are strangers • - 30% of victims abused by their parents • - 60% of victims abused by someone the family knows and trusts • - 40% of victims abused by older children • - 14% juvenile abusers under age 12 • - Peak age for juvenile abusers is 14

4. Common Misconceptions • Abuse is not only experiencing direct violence- it encompasses many areasand levels of harm caused by exploitation and violation of a child’s inherent human rights to safety, security and self-determination. • - Between 50-60% of children never disclose their abuse, even as adults

5. Common Misconceptions • Women are just as likely as men to commit child abuse in general, but are less likely to commit specifically sexual abuse. • Homosexual individuals are no more likely to commit sexual abuse than heterosexual individuals • Anti-gay propaganda from half a century ago still perpetuates this stereotype

6. Common Misconceptions • Neglect is just as dire a concern as abuse as it results in more acute emotional and behavioral disturbances and accounts for 40% of maltreatment fatalities, which include accidents and suicides. • Differentiating between types of child sex offender • - Situational- offend due to stress, begin offending later in life, fewer victims, have preference for adult partners • - Pedophilic- start at early age, larger number of victims

7. New York State Laws

8. Mandated Reporter Definitions • Mandated reporters are required by law to report suspected CA/N when they are presented with a reasonable cause to suspect CA/N is occurring in a situation they are presented with in their professional setting. • Reasonable causemeans that, based on your rational observations, professional training and experience, you have a suspicion that the person legally responsible for a child is responsible for harming or placing that child in imminent danger of harm. Your suspicion can be as simple as distrusting an explanation for an injury.

9. Mandated Reporter Definitions Legal Protections for Mandated Reporters Immunity: When a report is made in good faith, which is presumed, the reporter is immune from civil or criminal liability. Confidentiality: Child Protective Services is required to maintain confidentiality about the source ofreport Consequences For Failure to Report Criminal Sanction: It is Class A misdemeanor for a mandated reporter to willfully fail to report a case ofsuspected child abuse or maltreatment. Civil Sanction: A mandated reporter who knowingly and willfully fails to make a report of suspectedchild abuse or maltreatment is civilly liable for damages caused by such failure.

10. Mandated Reporters physician; registered physician assistant; surgeon; medical examiner; coroner; dentist; dental hygienist; osteopath; optometrist; chiropractor; podiatrist; resident; intern; psychologist; RN; social worker; EMT; licensed creative arts therapist; LMFT; LMHC; licensed psychoanalyst; licensed behavior analyst; certified behavior analyst assistant; hospital personnel; a Christian Science practitioner; school official, school teacher, school guidance counselor, school psychologist, school social worker, school nurse, school administrator, school personnel required to hold a license or certificate; full or part-time school employee holding a temporary or professional coaching certificate; social services worker; employee of an emergency shelter for families with children; director of a children's overnight camp, summer day camp traveling summer day camp; day care center worker;school-age child care worker; provider of family or group day care; employee or volunteer in OFCFS licensed RTF for children; any other child care worker, foster care worker; mental health professional; substance abuse counselor; alcoholism counselor; OASAS credentialed persons; peace officer; police officer; DA or ADA; investigator for DA; other law enforcement official.

11. Abuse vs Maltreatment Abuse Physical and sexual abuse fall under the category of “abuse” as opposed to the category of “maltreatment”, which covers everything else from physical to emotional neglect. Abuse encompasses the most serious injuries and/or risk of serious injuries to children by their caregivers.

12. Abuse vs Maltreatment Abuse Physical Abuse- The non-accidental physical injury of a child inflicted by a parent or caretaker, which ranges from superficial bruises and welts to broken bones, burns, serious internal injuries and, in some cases, death. Sexual Abuse: The sexual exploitation of a child by a parent, caretaker or other person, such as fondling, intercourse or use of child in the production of pornographic materials.

13. Abuse vs Maltreatment Physical Maltreatment (Includes Neglect) Maltreatment- Impairment of a child’s physical, mental or emotional condition or imminent danger of impairment, by the failure of the caretaker to exercise a minimum degree of care: ✶ failing to provide food, clothing, shelter, education ✶ failing to provide proper supervision or medical care ✶ inflicting excessive corporal punishment ✶ abandoning the child ✶ abusing alcohol or drugs

14. Abuse vs Maltreatment • Emotional Maltreatment • The result of a parent or caretaker’s actions or inactions that cause or could cause serious conduct, cognitive, affective or other mental disorders including; • Torture or close confinement • Constant use of verbally abusive language to harshly criticize or denigrate the child • Emotional neglect- withholding physical and emotional contact to the detriment of the child’s emotional, and in extreme cases, physical development. • Most difficult area to prove or collect evidence

15. Reporting Procedure

16. WHO MAKES THE REPORT? • -Law changed after Penn State Scandal • Prior to 2013 the person with suspicion required to inform supervisor, who assumed responsibility for making the report and submitting paperwork • After 2013, the person with suspicion is required to both make the report directly as well as inform their supervisor, who then assumes responsibility for paperwork (must be signed by both persons) • It is acceptable to inform the supervisor and make the call together

17. MAKING THE REPORT • Preparing for report ahead of time • Fill out paperwork first • You may not need to submit it depending on the outcome of the call, but by having all the pertinent information arranged in the same order of the questions that will be asked, the process is expedited • Call the NYS Central Register of Child Abuse and Maltreatment (SCR) • Mandated Reporters have separate number from non-mandated citizens- 1 (800) 635-1522

18. CALL OUTCOMES • Report taken • send in form and note case number • Report not taken • use form for own records • Law Enforcement Referral (LER) • If the reports has information about an immediate threat or crime committed against a child, but the perpetrator is not a person legally responsible for the child, the SCR will send the report to the NYS Police Information Network or to the NYS Special Victims Liaison Unit.

19. FOUR MOST COMMON TYPES OF REPORT SITUATIONS • - Urgent Need • If report not taken, continue to pursue • Being thorough about old incident • If report not taken, no more action is needed • Fulfilling obligation about a minor situation • If report not taken, no more action is needed • Stacking reports • Continue coordinating with other agencies

20. Indicators of Abuse

21. Physical Abuse Indicators Special attention should be paid to injuries that are unexplained or inconsistent with the caretaker's explanation and/or the child's developmental stage. • Injuries to the eyes or both sides of the head or body accidental injuries typically only affect one side of the body • Frequent injuries of any kind (bruises, cuts, and/or burns), especially if the child is unable to provide an adequate explanation of the cause. • Sudden destructive, aggressive, or disruptive behavior • Sudden passive, withdrawn, or emotionless behavior • Fear of going home or fear of parent(s).

22. Sexual Abuse Indicators ✶ Symptoms of sexually transmitted diseases; ✶ Injury to genital area; ✶ Difficulty and/or pain when sitting or walking; ✶ Sexually suggestive, inappropriate, or promiscuous behavior or verbalization; ✶ Expressing age-inappropriate knowledge of sexual relations; ✶ Sexual victimization of other children. Because most sexual abuse cases do not present apparent physical evidence or indicators, identification and recognition are often very difficult. And, the many fears which child victims experience make it extremely difficult for them to report the abuse even to a trusted adult or friend.

23. Neglect/Maltreatment Indicators ✶ Obvious malnourishment, listlessness, or fatigue ✶ Failure to thrive physically and emotionally ✶ Stealing or begging for food; ✶ Lack of personal care—poor personal hygiene, torn and/or dirty clothes; ✶ Untreated need for glasses, dental care, or other medical attention; ✶ Frequent absence from or tardiness to school; ✶ Child inappropriately left unattended or without supervision.

24. Handling Disclosure

25. Recognizing Disclosure • Rarely will a child disclose abuse immediately. Abused children often feel a sense of helplessness and think nobody can help them. They may try to protect an abuser or fear how the abuser may react. • Children may disclose abuse many ways. They may blurt it out to you, especially after having developed a trusting relationship. They may talk directly in private, or they might attempt subtler forms of cries for help. • Examples of Subtle Attempts at Outcries • Leaving out a drawing or letter about it for an adult to find • Frequent trips to the school nurse complaining of vague symptoms with no organic basis • Examples of Extreme Forms of Outcries • Suicidal gestures, threats or attempts • Self-injurious behaviors such as cutting

26. Types of Disclosure Indirect Hints: "My brother wouldn't let me sleep last night.” A child may talk in these terms because he/she hasn't learned more specific vocabulary, feels too ashamed or embarrassed to talk more directly, has promised not to tell, or for a combination of these reasons. Disguised Disclosure: "What would happen if a girl told someone her mother beat her?" Here the child might be talking about a friend or sibling, but is just as likely to be talking about her/himself. Disclosure with Strings Attached: "I have a problem, but if I tell, you have topromise not to tell anyone." Most children are all too aware that some negative consequences will result if they break the secret of abuse. Often the offender uses the threat of these consequences to keep the child silent.

27. Responding to Disclosure • DO • Find a private place to talk with the child. • Sit next to the child, not across a table or desk. • Use language the child understands; ask the child to clarify words you don't understand. • Express your belief that the child is telling you the truth. • Reassure the child that it is not his/her fault, that he/she is not bad and did not deserve this. • Determine the child's immediate need for safety. • Let the child know you will do your best to protect and support him/her. • Explain, in age appropriate language, that the law requires you to make a report and that the law is there to protect them. • Describe who will be involved, for example, a CPS caseworker.

28. Responding to Disclosure • DON'T • Disparage or criticize the child's choice of words or language. • Suggest answers to the child or use leading questions • Probe or press for answers the child is unwilling to give. • Display shock or disapproval of parent(s), child, or situation. • Talk to the child with a group of interviewers. • Make promises to the child, about "not telling" nor about how the situation will work out. • Lying, even unintentionally, to a child who has demonstrated trust in you is extremely harmful!

29. In Summary, IF YOU SEE SOMETHING SAY SOMETHING!

30. 1. You are mandated reporters and have a responsibility to the children under your care to abide by NYS laws designed specifically to protect their welfare2. It is not your responsibility to investigate, only to report your suspicions. If your suspicions turn to be unfounded, you have done no harm by erring on the side of caution.3. CPS is not an enemy trying to take children away from their parents- placing children in foster care is both expensive and labor intensive, and it is highly preferable to provide in-home/outside supports and interventions to help resolve problems and ensure a child’s wellbeing.4. Weigh the consequences: - The worst case scenario in calling is being seen as overly cautious. - The worst case scenario in not calling could cost the life of a child.