How to Identify and Report Child Abuse and Neglect in Delaware

1. How to Identify and Report Child Abuse and Neglect in Delaware Developed by the Child Protection Accountability Commission (CPAC) Abuse Intervention Subcommittee (AIS) c. 2010

2. Why is it important to identify and report child abuse and neglect? It is important for you to understand how to identify and report child abuse and neglect to keep children safe. 2 2

3. Children are at a higher risk to be abused or neglected if they are • Birth to age 6 or • Disabled. 3 3

4. How many children are unsafe because they are abused or neglected? National Statistics • In FFY 2008, child protection agencies received an estimated 3.3 million allegations of child abuse and neglect involving 6 million children. Of those, 23.7% of the investigations determined at least one child was abused or neglected. • In FFY 2008, 1,740 children died as a result of abuse or neglect. Source: DHHS, ACF Child Maltreatment 2008 4 4

5. How many children are unsafe because they are abused or neglected? (cont.) Delaware Statistics • In State Fiscal Year 2010, the Division of Family Services received 11,222 reports. Of those, 6,533 (58%) met the criteria for investigation. • 1,386 reports were substantiated in SFY10. Source: DFS Statistical FY 2010 Fact Sheet 5 5

6. It is also important to identify and report child abuse and neglect because Delaware law requires every citizen in the State of Delaware to report child abuse and neglect. Everyone 6 6

7. Title 16, Subsection 903 of the Delaware Code states: “Any person, agency, organization or entity who knows or in good faith suspects child abuse or neglect shall make a report in accordance with § 904 of this title. For purposes of this section, "person" shall include, but shall not be limited to, any physician, any other person in the healing arts including any person licensed to render services in medicine, osteopathy or dentistry, any intern, resident, nurse, school employee, social worker, psychologist, medical examiner, hospital, health care institution, the Medical Society of Delaware or law enforcement agency.”. 7 7

8. Can I be held liable for making a report about child abuse and neglect? 16 Del.C.§908 (a) states that “Anyone participating in good faith in the making of a report or notifying police officers pursuant to this chapter, performing a medical examination without the consent of those responsible for the care, custody and control of a child pursuant to § 906(b)(5) of this title, or exercising emergency protective custody in compliance with § 907 of this title, shall have immunity from any liability, civil or criminal, that might otherwise exist, and such immunity shall extend to participation in any judicial proceeding resulting from the above actions taken in good faith. This section shall not limit the liability of any health care provider for personal injury claims due to medical negligence that occurs as a result of any examination performed pursuant to § 906(b)(3) of this title. 8 8

9. Can anything happen to me if I do not report child abuse and neglect? There is a penalty for not reporting. 16 Del. C. § 914. Penalty for violation. • Whoever violates §903 of this title shall be liable for a civil penalty not to exceed $10,000 for the first violation, and not to exceed $50,000 for any subsequent violation. (b) In any action brought under this section, if the court finds a violation, the court may award costs and attorneys' fees. 9 9

10. How do I identify child abuse and neglect? There are physical and behavioral indicators for children and there are parental/caretaker indicators. 10 10

11. ABUSE 11 11

12. How is child abuse defined in the statute? • As defined in 10 Del.C.§901(1), “Abuse” or “abused child” means that the person: • Causes or inflicts sexual abuse on a child; or • Has care, custody, or control of a child, and causes or inflicts: • Physical injury through unjustified force as defined in §468 of Title 11; • Emotional abuse; • Torture; • Exploitation; or • Maltreatment or mistreatment 12 12 12

13. Child Indicators of Physical Abuse 13 13

14. Parent/Caretaker Indicators of Physical Abuse • Offers conflicting, unconvincing, or no explanation for the child's injury • Describes the child as "evil," or in some other very negative way • Uses harsh physical discipline with the child • Has a history of abuse as a child 14 14

15. What is the difference between physical abuse (non-accidental injury) and an accidental injury? Abuse (non-accidental injury) • A non-accidental injury has an assignable cause. • The injury could have been intentional or unintentional. • The injury is a result of force or was inflicted. Accidental injury • An accidental injury is an injury that does not have an assignable cause. • The injury occurred by chance or unforeseen circumstances. 15 15

16. What factors are considered to determine whether an injury is accidental rather than non-accidental? 1. Medical examination factors 2. Parent/Caretaker factors 16 16

17. What are the medical examination factors? • Location of the injury (e.g., bruise) • Mark that looks like an object (e.g. handprint, belt) • Injuries discovered during an examination • Multiple injuries in various stages of healing • Specific types of injuries are suspicious for abuse (e.g., blunt force trauma, spiral fracture, retinal hemorrhages) 17 17

18. Other medical examination factors consider whether: • An explanation is offered, • the explanation fits the injury; and/or • there was a delay in seeking medical treatment. 18 18

19. What are the parent/caretaker factors used to determine whether the injury was non-accidental versus accidental? • History of reports and/or investigations by the Division of Family Services (DFS) • History of violent offenses recorded in the Delaware Criminal Justice Information System (DELJIS) - including domestic violence or animal abuse, threats of violence, use of weapons • History of or current mental health problems • History of or current substance abuse 19 19

20. Other parent/caretaker factors include consideration of: • Knowledge and attitudes about parenting/caretaking • Age of the parent/caretaker • Family stressors – unemployment, financial, social isolation, environment • Child related issues that increase vulnerability – developmental, health, mental health, unwanted child 20 20

21. What is the difference between discipline and physical abuse? 21 21

22. Discipline (or training) might simply be defined as a process to help children learn appropriate behaviors and make good choices. In addition, loving, effective discipline aids a child in exercising self-control, accountability, and mutual respect. Through proper discipline, children learn how to function in a family and society that is full of boundaries, rules, and laws by which we all must abide. With it, children gain a sense of security, protection, and often feel accomplishment. Without proper discipline, children are at risk for a variety of behavioral and emotional problems. Source: ALLABOUTPARENTING.ORG 22 22 22

23. What is punishment? Punishment is the practice of imposing something unpleasant or aversive on a person or animal in response to an unwanted, disobedient or morally wrong behavior. Source: Wikipedia 23 23 23

24. Physical Discipline versus Physical Punishment As we all know, physical methods can be used to discipline or train a child, as well as to punish a child. So, when does physical discipline or physical punishment become child abuse? 24 24 24

25. Physical Discipline versus Physical Punishment (cont.) Physical discipline and physical punishment becomes physical abuse when the force is unjustified. Delaware law provides guidance for determining whether force is unjustified. 25 25

26. Justified Force vs. Unjustified Force The use of force is Justified if it is reasonable and moderate and: The defendant is the parent, guardian, foster parent, legal custodian or other person similarly responsible for the general care and supervision of a child, or a person acting at the request of a parent, guardian, foster parent, legal custodian or other responsible person, and: The force is used for the purpose of safeguarding or promoting the welfare of a child, including the prevention of punishment or misconduct; and The force used is intended to benefit the child, or for the special purposes listed in paragraphs (2)a., (3)a., (4)a., (5), (6) and (7) of this section. These special purposes may involve the use of force by teachers, guardians of an incompetent person, doctors, therapists, wardens, and administrators at the Division of Youth Rehabilitative Services. The use of force is Unjustified if it includes:Throwing the child, kicking, burning, cutting, striking with a closed fist, interfering with breathing, use of or threatened use of a deadly weapon, prolonged deprivation of sustenance or medication, or doing any other act that is likely to cause or does cause physical injury, disfigurement, mental distress, unnecessary degradation or substantial risk of serious physical injury or death. 26 26 26

27. Abusive Head Trauma(Shaken Baby Syndrome) • It takes SECONDS of VIOLENT shaking to sustain violent, life threatening injuries • Not typically replicated by an accidental cause • Considered the perfect crime

28. SEXUAL ABUSE 28 28

29. Child Indicators of Sexual Abuse 29 29

30. Parent/Caretaker Indicators Sexual Abuse • Is unduly protective of the child or severely limits the child's contact with other children, especially of the opposite sex • Is secretive and isolated • Is jealous or controlling with family members * There is evidence of a relationship between domestic violence batterers and sexual abusers. 30 30

31. Sexual Predator Act of 1996 (11 Del. C. §771) The intent of this law is to combat teen pregnancy by imposing more severe criminal sanctions on adult males and holding them financially accountable for children born in violation of this law. 31 31 31

32. Enhanced Penalties for Crimes Associated with Sexual Abuse of Children • Title 11 of the Delaware Code Relating to Crimes Against Children and Specific Offenses was amended on June 30, 2010 to clarify who is in a position of trust, authority or supervision over a child and to enhance the penalties for committing such offenses. • The provisions of the present criminal code concerning rape and unlawful sexual conduct that contain “position of trust” were also consolidated as a single crime known as "sexual abuse of a child by a person in a position of trust, authority or supervision." 32

33. EMOTIONAL MALTREATMENT 33 33

34. Child Indicators of Emotional Maltreatment 34 34

35. Parent/Caretaker Indicators Emotional Maltreatment • Constantly blames, belittles, or berates the child • Is unconcerned about the child and refuses to consider offers of help for the child's problems • Overtly rejects the child 35 35

36. NEGLECT 36 36

37. How is neglect defined in statute? As defined in 10 Del. C. §901 (18) "Neglect" or "neglected child" means that a person: a. Is responsible for the care, custody, and/or control of the child; and b. Has the ability and financial means to provide for the care of the child; and 1. Fails to provide necessary care with regard to: food, clothing, shelter, education, health, medical or other care necessary for the child's emotional, physical, or mental health, or safety and general well-being; or 2. Chronically and severely abuses alcohol or a controlled substance, is not active in treatment for such abuse, and the abuse threatens the child's ability to receive care necessary for that child's safety and general well-being, or 3. Fails to provide necessary supervision appropriate for a child when the child is unable to care for that child's own basic needs or safety, after considering such factors as the child's age, mental ability, physical condition, the length of the caretaker's absence, and the context of the child's environment. In making a finding of neglect under this section, consideration may be given to dependency, neglect, or abuse history of any party. 37 37

38. Child Indicators of Neglect 38 38

39. Parent/Caretaker Indicators Neglect • Appears to be indifferent to the child • Seems apathetic or depressed • Behaves irrationally or in a bizarre manner • Is abusing alcohol or other drugs 39 39

40. At what age can a child be left alone? • Delaware law does not specify an age when a child may be left alone. • Division of Family Services (DFS) policy states a child must be age 12 or older. • For any aged child, DFS considers factors such as the child’s level of functioning, maturity, physical and mental health, disabilities, length of time left alone, and the time of day. 40 40

41. DEPENDENCY 41 41

42. What is a dependent child? 10 Del. C. § 908 (8) "Dependency" or "dependent child" means that a person: a. Is responsible for the care, custody, and/or control of the child; and b. Does not have the ability and/or financial means to provide for the care of the child; and 1. Fails to provide necessary care with regard to: food, clothing, shelter, education, health care, medical care or other care necessary for the child's emotional, physical or mental health, or safety and general well-being; or 2. The child is living in a nonrelated home on an extended basis without the consent and approval of the DSCYF or any agency or court licensed or authorized to place children in a nonrelated home; or 3. The child has been placed with a licensed agency which certifies it cannot complete a suitable adoption plan. In making a finding of dependency under this section, consideration may be given to dependency, neglect, or abuse history of any party. 42 42

43. Non-Relative Placements When a child is residing with a non-relative caretaker on an extended basis, it must be reported to the Division of Family Services (DFS) for investigation and approval as required by statute (10 Del.C.§908(8)b.2.). 43 43

44. Safe Arms for Babies 1-800-262-9800 What is “Safe Arms for Babies”? • Safe Arms for Babies is a law that allows a parent to go to any Delaware hospital emergency department and leave their newborn (14 days old or younger) with any emergency department staff or volunteer. This law provides immunity from criminal prosecution for abandonment provided the baby is alive, unharmed and brought into a hospital emergency department. • Detailed information, forms, and emergency room locations regarding Safe Arms for Babies can be found at the Division of Public Health’s website: http://www.dhss.delaware.gov/dhss/dph/chca/dphahsab01.html 44 44

45. Other Things Considered During an Investigation In making a determination of child abuse or neglect, DFS will also assess substance abuse and domestic violence occurring in the home. 45

46. Substance Abuse • Parental addiction is a significant factor in child abuse and neglect cases, with studies suggesting 40% to 80% of families in the child welfare system are affected by addiction.  • Data indicate that abused and neglected children from substance abusing families are more likely to be placed in foster care and to remain there longer than maltreated children from non-substance families. Source: CWLA National Fact Sheet 2008 46 46

47. Substance Abuse(cont.) 11 Del. C. § 1102. Endangering the welfare of a child; class E or G felony. (5) The person commits the offense of Driving Under the Influence as set forth in § 4177 of Title 21, or the offense of Operating a Vessel or Boat Under the Influence as set forth in § 2302 of Title 23, and during the commission of the offense knowingly permits a child less than 18 years of age to be a passenger in or on such vehicle, vessel or boat. 47 47

48. Drug-Exposed Infants • Hospitals should make a report when a mother, baby, or both test positive for substances at birth. The Division of Family Services (DFS) is federally required to develop a plan of safe care for drug-exposed infants. • The substances can be illegal or legally prescribed medications that were abused. • DFS does not accept reports that allege a mother tests positive for methadone at delivery when it is prescribed by a drug treatment program. 48 48

49. Domestic Violence • Research suggests that in an estimated 30 to 60 percent of the families where either domestic violence or child maltreatment is identified, it is likely that both forms of abuse exist. • In a national survey of over 6,000 American families, researchers found that 50 percent of men who frequently assaulted their wives also abused their children. Source: Child Welfare Information Gateway – Office on Child Abuse and Neglect 49 49

50. Domestic Violence Abuse Indicators • Extreme JealousyIs your partner distrusting and possessive? Does he/she question and "check up" on you excessively? • Controlling BehaviorDoes your partner try to control where you go, what you do, whom you see? Does he/she limit your access to family or friends? • Quick InvolvementDid your partner come on like a whirlwind, demanding quick commitment? • Unrealistic ExpectationsDoes your partner depend on you to meet all needs? Are you expected to be the perfect spouse, parent, lover, friend? • IsolationDoes your partner try to cut you off from resources, limit your contact with family and friends, prevent you from going to work or school? • Blames Others for Own ProblemsDoes your partner blame you for personal problems, instead of taking responsibility? • Cruelty to Animals or ChildrenDoes your partner act brutally to animals, tease children excessively, expect them to do things that are beyond their capability? • Abuse of Sexual IntimacyDoes your partner manipulate or coerce you into having sex or performing specific sexual acts when you don't want to? • Verbal AbuseDoes your partner say things that are cruel and hurtful, put you down, minimize your accomplishments? • Rigid Gender RolesDoes your partner hold rigid beliefs about male and female roles within a relationship, and demand that you comply? • Jekyll/HydeDoes your partner have an explosive temper, sudden mood swings? Behave kindly in public but cruelly in the privacy of your home? Source:Alabama Coalition Against Domestic Violence 50 50