Mandated Reporter Training

1. Mandated Reporter Training Department of Human Services

2. Topics covered in training today • Who should report child maltreatment? • Who is mandated to report child maltreatment? • How/where do you report? • Will anyone know that you made the report to the Child Abuse Hotline? • What are the time frames for reporting? • What happens if a mandated reporter doesn’t report?

3. Who should report Child Maltreatment? • Any person may immediately notify the Child Abuse Hotline if he or she • Has reasonable cause to suspect that child maltreatment has occurred or a child has died as a result of child maltreatment • Observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment • Ark. Code Ann. 12-18-401

4. Who is Mandated to Report Child Maltreatment? Any child care worker or foster care worker A coroner A day care center worker A dentist A dental hygienist A domestic abuse advocate A domestic violence shelter employee A domestic violence shelter volunteer An employee of DHS An employee working under contract for the Division of Youth Services of the DHS Any foster parent A judge A law enforcement official A licensed nurse Any medical personnel who may be engaged in the admission, examination, care or treatment of persons 4

5. Mandated ReportersArk. Code Ann. 12-18-402(b) A mental health professional An osteopath A physician A prosecuting attorney A resident intern A school counselor A school official A social worker A surgeon A teacher CASA staff member or volunteer A juvenile intake or probation officer Clergy, with some restrictions An employee of a child advocacy or safety center An attorney ad litem in the course of his or her duties as an AAL 5

6. Mandated ReportersArk. Code Ann. 12-18-402(b) • Sexual abuse advocate or sexual abuse volunteer who works with a victim of sexual abuse as an employee of a community-based victim service or mental health agency such as Safe Places, United Family Services, or Centers for Youth and Families • A sexual abuse advocate or sexual abuse volunteer who includes a paid or volunteer sexual abuse advocate who is based with a local law enforcement agency • Rape crisis advocate or rape crisis volunteer • Victim/witness coordinator • Child abuse advocate or volunteer (including persons based with LLE) who works with victim or abuse or maltreatment • Victim assistance professional or volunteer • Employee of Crimes Against Children Division of Ark. State Police 6

7. What is a “school?” • DHS has proposed defining a “school” as any • Elementary school, junior high school, or high school • Technical institute or post-secondary vocational-technical school; or • Two-year or four-year college or university

8. Who is a “school official?” DHS has proposed defining a “school official” as any person authorized by the school to exercise authority over students

9. How/where do you report Child Maltreatment? • Two ways • Phone or • Fax

10. Child Abuse HotlineArk. Code Ann. 12-18-301 • The Child Abuse Hotline is a unit established within the Department of Human Services or its designee with the purpose of receiving and recording notifications and reports under this chapter • The Child Abuse Hotline shall be staffed twenty-four (24) hours per day and shall have statewide accessibility through a toll-free telephone number • The toll-free telephone number under this section shall be known as the “Child Abuse Hotline” • All persons whether a mandated reporter or not, may use the Child Abuse Hotline to report child maltreatment or suspected child maltreatment • Hotline number is 1-800-482-5964

11. Fax Option for Mandated Reporters to Report to the Child Abuse Hotline • As prescribed under this section, a mandated reporter under this chapter may report child maltreatment or suspected child maltreatment by telephone call, facsimile transmission, or online reporting. • Facsimile transmission and online reporting may be used in nonemergency situations by an identified mandated reporter under this chapter who provides the following contact information: • (1) Name and phone number; and • (2) In the case of online reporting, the email address of the identified mandated reporter under this chapter. • The Child Abuse Hotline shall provide confirmation of the receipt of a facsimile transmission via a return facsimile transmission or via online receipt. • A mandated reporter under this chapter who wishes to remain anonymous shall make a report through the Child Abuse Hotline toll-free telephone system. • Ark. Code Ann. § 12-18-302.

12. Where do you find the fax form to Report to the Child Abuse Hotline? http://www.arkansas.gov/reportARchildabuse/report_child_abuse.html Fax to: 1-501-618-8952Fax report is for mandated reporters onlyFax Form is for mandated reporters to make reports of a non-emergency nature only

13. What information do you need to make the Report? • What happened • Enough information to locate the child • Also helpful to know: • Name, age of child • Caregiver’s name & address • County where incident occurred or child resides • How the person calling knows the family • Whether the child has injuries • When the child was last seen and by whom

14. And this information makes the investigation go even faster Names of others in the home Where the child is located now Whether there are safety concerns in the home (alcohol, drugs, weapons, etc.) Who else knows or was told of the situation Whether there has been a report made to local police

15. Will anyone know you made the report to the Child Abuse Hotline? Your identity is kept confidential and will not be released unless a judge orders the information to be released. The judge must look at the information and find reason to believe the reporter knowingly made a false report The Prosecuting Attorney and law enforcement, upon request, can obtain the name of the person who made the hotline report Ark. Code Ann. 12-18-502

16. Will the alleged offender or parent know you called? Sometimes the alleged offender or parent is able to figure out who made the hotline report. If the alleged offender or parent does guess who called, that will NOT be confirmed by the investigator.

17. What are the time frames for reporting? • Immediately for persons who are mandated reporters • An individual listed as a mandated reporter under this subsection shall immediately notify the Child Abuse Hotline if he or she: • Has reasonable cause to suspect that a child has • been subjected to child maltreatment; or • has died as a result of child maltreatment; or • Observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment • Ark. Code Ann. 12-18-402(a)

18. What happens if a mandated reporter doesn’t report? Can the mandated reporter tell someone else who makes the hotline report? Failure to directly report has civil and criminal consequences

19. Can the school review the allegation before someone calls the Child Abuse Hotline? 12-18-204.  Unlawful restriction of child abuse reporting.(a)(1) A person employed at a school, Head Start program, or day care facility commits the offense of unlawful restriction of child abuse reporting if he or she:(A) Prohibits a mandated reporter under this chapter from making a report of child maltreatment or suspected child maltreatment to the Child Abuse Hotline;(B) Requires that a mandated reporter under this chapter receive permission from the person before the mandated reporter makes a report of child maltreatment or suspected child maltreatment to the Child Abuse Hotline; or(C) Knowingly retaliates against a mandated reporter under this chapter for reporting child maltreatment or suspected child maltreatment to the Child Abuse Hotline.(2) Nothing in this section shall prohibit any person or institution from requiring a mandatory reporter employed or serving as a volunteer for a person or institution to inform a representative of that person or institution that the reporter has made a report to the Child Abuse Hotline.(b) Unlawful restriction of child abuse reporting is a Class A misdemeanor.

20. § 12-18-201. Failure to notify by a mandated reporter in the first degree • (a) A person commits the offense of failure to notify by a mandated reporter in the first degree if he or she: • (1) Is a mandated reporter under this chapter; • (2) Has: • (A) Reasonable cause to suspect that a child has been subjected to child maltreatment; • (B) Reasonable cause to suspect that a child has died as a result of child maltreatment; or • (C) Observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment; and • (3) Knowingly fails to notify the Child Abuse Hotline of the child maltreatment or suspected child maltreatment. • (b) Failure to notify by a mandated reporter in the first degree is a Class A misdemeanor.

21. § 12-18-202. Failure to notify by a mandated reporter in the second degree • (a) A person commits the offense of failure to notify by a mandated reporter in the second degree if he or she: • (1) Is a mandated reporter under this chapter; • (2) Has: • (A) Reasonable cause to suspect that a child has been subjected to child maltreatment; • (B) Reasonable cause to suspect that a child has died as a result of child maltreatment; or • (C) Observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment; and • (3) Recklessly fails to notify the Child Abuse Hotline of the child maltreatment or suspected child maltreatment. • (b) Failure to notify by a mandated reporter in the second degree is a Class C misdemeanor.

22. § 12-18-206. Civil liability for failure to report A person required by this chapter to make a report of child maltreatment or suspected child maltreatment to the Child Abuse Hotline who purposely fails to do so is civilly liable for damages proximately caused by that failure.

23. Immunity from LiabilityArk. Code Ann. 12-18-107 • A person or agency required by this chapter to report suspected child maltreatment who acts in good faith in making notification, the taking of a photograph or radiological test, or the removal of a child while exercising a seventy-two hour hold is immune to suit and to civil and criminal liability. • If acting in good faith, a person making notification not named in this section is immune from liability • A publicly supported school, facility, or institution acting in good faith by cooperating with the investigative agency under this chapter shall be immune from civil and criminal liability

24. Immunity from Liability 12-18-207.  Judicial and prosecutorial disclosure.A judge or prosecuting attorney who fails to make a report when required by this chapter is immune from criminal and civil liability under this chapter.

25. What is Child Maltreatment?Ark. Code Ann. 12-18-103(6) • Child Maltreatment means abuse, sexual abuse, neglect, sexual exploitation, or abandonment

26. Training for Mandated Reporters Call the Arkansas Commission on Child Abuse, Rape & Domestic Violence at (501) 661-7975 or email williamsonsherryj@uams.edu