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Mandated Reporter Training:. Identifying and Reporting Child Abuse and Maltreatment/Neglect. National Incidence Study. The reasons for this are: Confusion or misunderstanding about reporting laws and procedures Lack of knowledge or awareness of warning signs/clues.
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Mandated Reporter Training: Identifying and Reporting Child Abuse and Maltreatment/Neglect
National Incidence Study The reasons for this are: Confusion or misunderstanding about reporting laws and procedures Lack of knowledge or awareness of warning signs/clues Found professionals reported only half the incidents about which they knew.
University of Rochester Study Mandated Reporters disclosed they were: • Not clear about abuse/neglect as defined in State Law • Often influenced by their professional beliefs, values, and experiences
Child Protective Services Act of 1973 Local Child Protective Services MandatedReporter State Central Register
Reports Registered 2007 Mandated Reporter Non-Mandated Reporter
Role of Mandated Reporter While acting in their professional capacity, to report suspected incidents of child abuse or maltreatment/neglect.
Professional Capacity Anytime that a person is acting within the scope of their employment or carrying out functions as part of the duties and responsibilities of their profession.
08 OCFS INF 01 MR with direct knowledge is responsible to call the SCR MR notifies Agency Administrator (or Reporting Designee) immediately No prior approval or conditions may be imposed Agency Administrator LDSS-2221A Maintains the Call ID # Provides SCR with all KNOWN names of other agency MRs with direct knowledge
Immunity (don’t call anonymously) Source Confidentiality No retaliatory personnel action shall be taken for making report Legal Protections
Failure to Make the Call Criminal – Class A Misdemeanor Civil Liability Legal Penalties
Mandated Reporter Records Section 415 of the SSL requires mandated reporters to provide records regarding a mandated report necessary for a CPS investigation, irrespective of HIPAA proscriptions or any other privilege.
Consider the Child Must be less than 18 years of age What has happened? Who may be responsible?
Abuse Inflicts or allows to be inflicted serious physical injury Creates or allows to becreated substantial riskof serious physical injury Commits or allows to becommitted sexual abuse
Maltreatment/Neglect • A child whose physical, mental, or emotional condition has been impaired or is at imminent danger of becoming impaired • A parent’s or custodian’s failure to provide a minimum degree of care
Types of Neglect Fails to provide: adequate food, clothing, shelter, education, or medical care proper supervision or guardianship OR Inflicts/allows to be inflicted harm, including the infliction of excessive corporal punishment Misuses alcohol or other drugs Abandonment
Bruising Areas Normal Bruising Areas Suspicious Bruising Areas Back Elbows Knees Buttocks Back of Thighs Shin Back of Calves
Common Indicators • Child’s Physical Indicators • Child’s Behavioral Indicators • Parent’s Behavioral Indicators
Talking with Children Do: - Find a private place - Remain calm - Be honest, open, up-front, supportive - Be an advocate - Listen to the child - Report the situation immediately
Talking with Children Don’t: - Overreact - Make judgments/promises - Interrogate or investigate
Person Legally Responsible Parent Guardian Custodian Day Care Provider Residential Care Staff Who Can Be Reported?
Reasonable Cause to Suspect • Do not have to prove it • Distrust or doubt is enough • Based on observation or disclosure • Child is harmed or in imminent danger of harm
Imminent Danger • Distance between child and harm by actions or failure to act • Could occur immediately or very soon • How direct the threat is to the child
Case Scenarios • What indicators are present? • Is there reasonable cause to suspect abuse or maltreatment/neglect? • If so, who is responsible for abuse or maltreatment/neglect? • What are your next steps?
Evaluating Your Response Category AThis should be left to the family Category BAssistance to seek community agency or resource as appropriate Category CReportable to State Central Register (SCR) Category DCall Police Immediately
Make the call Mandated Reporter Express Line 1-800-635-1522 New York State Child Abuse and Maltreatment Register
Demographics Has the child been harmed, or is the child at risk of harm, and how? Role of parent or person legally responsible? Ongoing pattern? Making the Call
Where is the child? Are there any special needs or medications? What are they? Concerns for local CPS (weapons, dogs, etc). Is an interpreter required? Name, title, and contact information of other MRs and other persons with direct knowledge of abuse and neglect from your agency. Any other information? Making the Call
Follow up the Call • Complete Form LDSS-2221A within 48 hours • Send to local CPS
New York State Child Protective Services System Call to the SCR Report Registered Report Not Registered Referred to LER (Law Enforcement Referral) Transmit to Local CPS Investigation/Safety Assessment Ongoing Assessment Services Offered Indicated Unfounded No Services Provided No Services Provided Services Provided Case Closed Service Plan Monitoring of Services Case Closed
Local District Response Begin investigation within 24 hours Assess safety of child If necessary, take steps to protect child Determination of report within 60 days Indicated Unfounded and sealed
Wrap-Up and Summary • Review Objectives • Questions and Answers • Evaluation