ChildSAFE Training and Arizona's Mandatory Reporting Law Presented by Robert Brooks, Assistant United States Attorney

1. Camelback Bible Church Child SAFE Training and Arizona’s Mandatory Reporting Law Presented by Robert Brooks Assistant United States Attorney

2. SECURINGAFAITHFUL ENVIRONMENT

3. Why? • Faithful to our calling to care for the children • Defend the cause of the weak and fatherless, maintain the rights of the poor and oppressed. Rescue the weak and needy, deliver them from the hand of the wicked. Psalm 82:3-4

4. Why? • Faithful to our calling to support our staff • Jesus warned his followers to be “as shrewd as snakes and as innocent as doves.” • Avoid false suspicion and/or accusation.

5. Why? • Faithful to maintain the unity and integrity of the body • In Ephesians 4:3 Paul tells believers to “make every effort to keep the unity of the Spirit through the bond of peace.” • Avoid conflict

6. Why? • Faithful to guard the honor of our Lord Jesus Christ • Let your light shine in such a way that they may see your good works and glorify your Father who is in heaven. Matthew 5:16 • Uphold the glory of our God

7. Why? • Faithful to submit to governing authorities • Paul instructs believers in Romans 13 to “be in subjection to governing authorities” who are ordained by God as an “avenger who brings wrath upon the one who practices evil.” • Support for authority but preservation of responsibility

8. SAFETopics • AZ Mandatory Reporting Law • Indicators of Physical and Sex Abuse • Interacting with Possible Victims • Interacting with Previous Victims • CBC Policy • Reporting Guidelines • Supervisory Guidelines

9. WHO REPORTS? • A.R.S. § 13-3620(A)(5) • “Any other person who has responsibility for the care or treatment of the minor.” • That’s you! • Means – Any suspected abuse of a minor in a CBC Ministry

10. WHEN TO REPORT? • A.R.S. § 13-3620(A): • Any “reasonable belief” that a minor has been the victim of physical injury, abuse, child abuse, a reportable offense or neglect inflicted other than by accidental means.

11. WHEN TO REPORT? • L.A.R. v. Ludwig(Arizona Court of Appeals) • “[R]easonable [belief]means that if there areANY facts from which one could reasonably conclude that a child had been abused, the person knowing those facts is required to report.” • You do NOT need to conduct a full investigation (and you should not!)

12. Remember: • It is NOT your responsibility to investigate the allegation. • It is NOT your job to judge credibility of the victim. • Just report. • Use your common sense.

13. HOW TO REPORT? • If your concern involves an emergency, immediately call 911. • Phone: 1-888-SOS-CHILD (1-888-767-2445) • NEW: Online at https://extranet.azdes.gov/DCYF/CHILDS/communication/des/Register.aspx?ReturnUrl=

14. WHAT HAPPENS? • A call to DCS is confidential • You are protected from all civil and criminal liability if you report • Only malicious or knowing false reports lose the above protections

15. What Must the Report Contain by Statute? 1. Names & addresses of the minor and the parents or custodians of the minor, if known. 2. The minor’s age and the nature and extent of the abuse, physical injury or neglect (including evidence of prior abuse, physical injury or neglect).

16. What Must the Report Contain? 3. Any other information the person reporting believes might be helpful in establishing the cause of the abuse, physical injury or neglect.

17. WHY? • Failure to report a “reportable offense” (meaning a sex-related offense) is now a class 6 felony. • Failure to report all other offenses is a class 1 misdemeanor.

18. Maximum Penalties • Class 6 Felony • 2 years in prison • $150,000 fine plus 80% surcharge • DNA Testing • Statute of Limitations: 7 years from discovery by law enforcement or DCS • Class 1 Misdemeanor • 6 months in jail • $2,500 fine, plus 80% surcharge • Statute of Limitations: 1 year from discovery by law enforcement or DCS

19. Civil Immunity • A person who complies with this law is immune from any civil or criminal liability by reason of that action unless • The person acted with malice; or, • Acted with reckless disregard for truth; or, • The person has been charged with or is suspected of abusing or neglecting the child or children in question.

20. Duty to Report is a Personal Responsibility • Reporting to supervisor, principal, school nurse, youth protection advocate, director, etc., does NOT excuse your own responsibility to report (regardless of organization’s policy). • Suggestion: When you report, get a police report (“DR”) number, or DCS referral number.

21. To whom? • You can report to either law enforcement or DCS, or both. • My suggestion: If an emergency, immediately call 911. If not, call DCS, and then also call the police. Police investigate for criminal liability, whereas DCS investigates for child safety.

22. Report to Proper Authorities Only • Suspect may destroy evidence (pornography, etc.). • Suspect may persuade victims/witnesses to recant. • Suspect may flee. • Prevents stigma of, “But he/she had advance notice.” • Prevents and avoids gossip

23. What Are Mandatory Reporters Looking For?

24. Sources of Information • Personal examination or observation of the minor is not required. • May gain “reasonable belief” from third party, letters, e-mails, etc.

25. Statute applies if the mandatory reporter reasonably believes that A minor is or has been the victim • non-accidental physical injury (abuse/child abuse); • a reportable offense (i.e., sex offense); • or neglect.

26. Physical Abuse • Inflicting or not preventing physical injury, • Causing or permitting a child to be injured; or • Causing or permitting a child to be placed in a situation where the person or health of the child is endangered

27. Physical Abuse Indicators • Unexplained bruises • Burns – heat/chemical • Skeletal Injuries (inconsistent/suspicious explanations) • Absences from church activities correlate with injuries • Pattern Injuries • Bruises, burns, welts, lashes, broken skin • Iron, lighter, cigarette, belt, belt buckle, spoon, paddle, hanger • Immersion burns – hot water

28. Pattern Injury • Hand Mark on Face

29. Pattern Injury • Lighter Burn • Also common is cigarette burn

30. Excessive Bruising • Multiple Bruising or Injuries • Different States of Healing

31. Physical Abuse Indicators • Emotional/Behavioral - Child may be • Easily frightened • Fearful or wary of physical contact • Afraid to go home • Destructive to self and others

32. Physical Abuse Indicators • Physical Indicators: What to do? • Reasonable belief? – Report to Police or DCS and inform Pastor. • Disclosure: What to do? • Report to Police or DCS and inform Pastor. • Emotional/Behavioral Indicators: What to do? • No reasonable belief of actual abuse? – Inform Pastor. • Reasonable belief? – Report to Police or DCS and inform Pastor.

33. Abuse and Endangerment • Includes situation when child is allowed to enter or remain in a structure that has dangerous chemicals or equipment used to manufacture dangerous drugs. • Includes living in a home with overt drug use.

34. Neglect • Inability or unwillingness of a parent/guardian to provide a child with: • Supervision; • Food; • Clothing; • Shelter; or • medical care.

35. Neglect Indicators • Poor hygiene • Unattended medical/dental needs • Hungry/malnourished • Stealing food/begging • Poor parental supervision • Lack of weather appropriate clothing • Young children left alone • In car • At home • Outside

36. Neglect/Abuse • Sunburn Injury

37. Sex Offense Indicators • Injuries in genital areas • Explicit or bizarre knowledge • Precocious sexually related speech/inappropriate physical interactions/experimentation • Preoccupied with self-stimulation • Unexplained gifts/money/pornography • Common in adult/minor relationships • Pre-adolescent STDs • Emotional distress

38. Primary Sex Offense Indicator • Number 1 Indicator: Disclosure • 85% of cases have no physical evidence • Statistic garnered from cases involving confessions, guilty pleas, conviction

39. Perspective:Department of Justice Study Why is it important to have a mandatory reporting law? Are more children victimized by ‘stranger danger’ or by someone they know?

40. Perspective:Department of Justice Study • 1/3 of molesters’ victims were their own children or stepchildren • 1/2 of molesters are friends, acquaintances or distant relatives of the victim • Only 1 out of 7 molested a child who was a stranger • 3 out of 4 molesters committed their crimes in their own home, or the child’s home

41. DOJ Study Illustrates: • Most abuse committed by someone the child knows • Impacts the ability of a child to disclose abuse • Overt pressure from abuser not to disclose • Confusion • Shame

42. Interacting with Suspected Victims

43. Interacting with the Suspected Victim • Information received one of three ways • Child Self Reports • Injury Noted • Third Party Reports

44. Interacting w/ Victim: Self Reporter* • Provide a quiet, private environment to facilitate conversation • Listen openly and speak at the child’s level in positive, non-judgmental manner • If child has not spontaneously disclosed, ask only FOUR questions: * From the Multidisciplinary Protocols for Investigation of Child Abuse

45. Interaction: The Four Questions • 1. What happened? • 2. Who did it? • 3. Where were you when it happened? • 4. When did it happen? • When is the last time this happened? (ex: everyday after school – more specificity needed).

46. Interacting w/ Self Reporter • Important to remember child’s exact words since these need to be reported in the reporting form • DO NOT MAKE ANY PROMISES TO THE CHILD THAT CANNOT BE KEPT • Do not put any words in the child’s mouth – do not be suggestive • Report to law enforcement/DCS immediately • Report to supervising Pastor immediately

47. Interacting w/ Victim – Observed Injury • Be observant of unusual injuries • If injury is suspicious – ask the four questions • Note inconsistencies – DO NOT CONFRONT CHILD • Report to Police/DCS if you have reasonable belief • Report to Pastor

48. Interacting w/ Third Party Reporter • Find out what the third party knows • Use four questions • Use common sense in approaching the victim • Personal examination/conversation with victim not required – still must report • Don’t over-interview the victim – may confuse victim

49. Any Questions Regarding Mandatory Reporting? Moving on to CBC Supervisory Guidelines

50. Playing it SAFE • Screening Procedures • Application • Checking References • Background Checks • Interviews • Elder Approval • CBC attendance for 6 months