How to Identify and Report Child Abuse and Neglect in Delaware

1. How to Identify and Report Child Abuse and Neglect in Delaware With an Overview of the Memorandum of Understanding Between the Department of Education (DOE) and the Department of Services for Children, Youth and Their Families (DSCYF) DEVELOPED BY THE CHILD PROTECTION ACCOUNTABILITY COMMISSION (CPAC) School Training - August 2012

2. HOW MANY CHILDREN ARE UNSAFE BECAUSE THEY ARE ABUSED OR NEGLECTED? National Statistics • In FFY 2009, 3.3 million allegations of child abuse and neglect were reported. • 25% of the investigations determined at least one child was abused or neglected. • In FFY 2009, 1,770 children died as a result of abuse or neglect. Delaware Statistics • The Division of Family Services received 14,010 reports in FY 2011. • Of those, 7,358 (53%) met the criteria for investigation. • 1,651 reports were substantiated. Source: DHHS, ACF Child Maltreatment 2009; Family Services Intake and Investigation Statistics 2

3. DIVISION OF FAMILY SERVICES CHILD ABUSE & NEGLECT REPORT LINE 24/7 1-800-292-9582 HOW DO I RECOGNIZE CHILD ABUSE AND NEGLECT? 3

4. 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 CHILD ABUSE 4 4

5. 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. UNJUSTIFIED FORCE INCLUDES BUT IS NOT LIMITED TO: 5 5

6. 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…. NEGLECT 7 7

7. 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. NEGLECT (CONT.) 8

8. SEXUAL ABUSE • As defined in 10 Del.C.§901(21), "Sexual abuse" means any • act against a child that is described as a sex offense in § • 761(h) of Title 11 including: • Sexual Harassment • Indecent Exposure • Incest • Unlawful Sexual Contact • Rape • Sexual Abuse of a Child by a Person in a Position of Trust, Authority or Supervision. • Sexual Exploitation of a Child • Dealing in Child Pornography 9

9. DETERMINING AGE OF CONSENT FOR SEXUAL CONTACT • Consensual sexual contact between two minors does not require a mandatory report, even if that sexual contact results in a pregnancy. • Suspected sexual behavior by force or coercion against a minor (even by another minor) must be reported. 10

10. DETERMINING AGE OF CONSENT FOR SEXUAL CONTACT (CONT’) 18 years and older: Can consent to sexual contact with other adults. Except: • When the victim suffers from a cognitive disability, mental illness or mental limitation which renders the victim incapable of appraising the nature of the sexual conduct or incapable of consenting; • If force or coercion occurred on school grounds or at a school function; or • If sexual contact occurred between a student and a school employee, then a school employee must report to the school administrator or designee. • Additionally, all of these incidents require a report to the police. 11

11. DETERMINING AGE OF CONSENT FOR SEXUAL CONTACT (CONT’) • 16 and 17 year-olds: Can consent to sexual contact with someone who is under 30 years of age. • 12-15 year-olds: Can ONLY consent to sex with someone who is no more than 4 years older than the child. • Under 12 years-old: Children under 12 years old CANNOT legally consent to sexual contact. All of these cases MUST be reported. • Children CANNOT legally consent to sexual contact with anyone who is in a position of authority (e.g. family member, babysitter, coach, teacher, doctor, clergy, etc.). 12

12. 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." 13

13. Emotional abuse - defined as threats to inflict undue physical or emotional harm, and it may also include chronic or recurring incidents of ridiculing, demeaning, and making derogatory remarks. • Emotional neglect - defined as incidents of isolating/shunning, rejecting or ignoring the child. EMOTIONAL MALTREATMENT 14

14. 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… DEPENDENCY 15 15

15. 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. DEPENDENCY (CONT.) 16

16. DEPENDENCY INCLUDES • Child Living in a Non-Related Home • Inability to Complete Adoption Plan • Out-of-State Runaway • Abandoned Infant (Safe Arms) 17

17. Safe Arms for Babies 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. • Provides immunity from criminal prosecution for abandonment provided the baby is alive, unharmed and brought into a hospital emergency department. • Detailed information can be found at the Division of Public Health’s website: http://www.dhss.delaware.gov/dhss/dph/chca/dphahsab01.html SAFE ARMS FOR BABIES 1-800-262-9800 18 18

18. SUBSTANCE ABUSE & DOMESTIC VIOLENCE RISK FACTORS ASSOCIATED WITH ABUSE AND NEGLECT 19

19. 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 indicates 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 SUBSTANCE ABUSE 20

20. Endangering the Welfare of a Child 11 Del. C. § 1102(a)(5) (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. SUBSTANCE ABUSE (CONT.) 21

21. Delaware law does not mandate reports of DV to law enforcement for adult victims. • DV cases involving children are mandated reports to DFS when the DV is chronic or severe/escalating and impairs the caregiver’s ability to keep the child safe. • In Delaware, there are a variety of services to help victims of DV including 24 hour hotlines that can provide crisis intervention, resources, legal remedies and safety planning.  DOMESTIC VIOLENCE 22

22. Report cases to DFS of child abuse when a: • Child is injured during an incident of domestic violence. • Child is not injured but is at risk of injury, such as witnessing domestic violence where a weapon or a potentially dangerous object has been used or where a child has attempted to physically intervene in a manner that puts the child in danger of being injured. WHEN CHILDREN ARE INVOLVED IN DOMESTIC VIOLENCE 23

23. Report cases to DFS of emotional harm to a child due to domestic violence when a: • Child is aware of DV (either chronic or single incident) perpetrated against his/her caregiver by a domestic partner and that involves a significant injury to the victim or use of weapon; AND • Child has a diagnosed mental health condition or behaviors that signify severe psychological harm. WHEN CHILDREN ARE INVOLVED IN DOMESTIC VIOLENCE (CONT’) 24

24. Child Inc.'s Domestic Violence ProgramNew Castle County (Bilingual): 302-762-6110 • SAFE Program at People's PlaceKent and Sussex Counties: 302-422-8058Northern Kent County: 302-678-3886 • Abriendo Puertas Bilingual HotlineSussex County: 302-745-9874 DOMESTIC VIOLENCE SERVICES 25

25. HOW DO I REPORT CHILD ABUSE & NEGLECT? DIVISION OF FAMILY SERVICES CHILD ABUSE & NEGLECT REPORT LINE 24/7 1-800-292-9582 26

26. “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.…” TITLE 16, SUBSECTION 903 OF THE DELAWARE CODE STATES: 27 27

27. 16 Del.C.§908 (a) states that “Anyone participating in good faithin 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,…” CAN I BE HELD LIABLE FOR MAKING A REPORT ABOUT CHILD ABUSE AND NEGLECT? 28

28. 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. In any action brought under this section, if the court finds a violation, the court may award costs and attorneys' fees. CAN ANYTHING HAPPEN TO ME IF I DO NOT REPORT CHILD ABUSE AND NEGLECT? 29

29. If you observe physical or behavioral indicators, ask Minimal Fact Questions, such as : What happened? When did that happen? Where did that happen? Did you tell anyone what happened? Write down child’s exact words if you must speak to child. If the child is unable to communicate, then make the report based on your observations of the physical and/or behavioral indicators. WHAT SHOULD YOU DO IF YOU SUSPECT CHILD ABUSE OR NEGLECT? 30

30. Avoid Expressing disbelief, shock or anger, etc. Value judgments and accusatory statements Thank the child for telling you and tell the child it is not his/her fault. Tell the child you have to report the abuse to a professional. WHAT SHOULD YOU DO IF YOU SUSPECT CHILD ABUSE OR NEGLECT? (CONT.) 31

31. Do not interview the child multiple times. Do not take pictures of the injuries or ask the child to undress. (Exception – medical providers) Do not notify the parent/caretaker you are making a report. WHAT SHOULD YOU DO IF YOU KNOW/SUSPECT CHILD ABUSE OR NEGLECT?(CONT.) 32

32. WHAT INFORMATION IS NEEDED TO MAKE A REPORT? Demographics; Known information about the parents or siblings; Known information about the alleged child victim’s physical health, mental health, educational status; Information regarding medical attention that may be needed for injuries; Any information you have about the way the caregiver’s behavior is impacting the care of the child; and Known information that could put the child’s or DFS worker’s safety in peril such as the presence of alcohol, drugs, weapons, dangerous animals or criminal behavior. 33

33. To report suspected child abuse or neglect in Delaware call the 24 Hour Division of Family Services (DFS) Report Line at 1-800-292-9582. • Delaware’s 800# is a national and statewide number. Reports should not be made to local DFS offices. • Spanish translation is available 24/7. • DFS also accepts written reports and walk-in reports. • Calls are digitally recorded for random quality assurance reviews. CHILD ABUSE REPORT LINE 34 34

34. Magic words are “I want to make a report.” • If unsure, DFS needs to be the decider. It’s okay to call the Report Line and discuss what you know. • The person who spoke to or observed the child should make the report because it is required by statute and the Report Line may have questions about the child’s disclosure or condition. • DFS may have information about the family you don’t know about. • You will be informed at the time of your call whether the report has been accepted or not for investigation or you should receive a call back within 24 hours, if you provide your name. CHILD ABUSE REPORT LINE (CONT’) 35 35

35. THREE QUESTIONS THAT WILL BE ASKED OF THE REPORTER What are you worried about? What is working well? What needs to happen next? 36

36. WHAT ARE YOU WORRIED ABOUT? 37

37. GENERALIZATIONS VS. BEHAVIOR AND IMPACT “She is mentally ill.” • How do you know? • What are the caregiver behaviors associated with it? • When do those behaviors show themselves? • How do those behaviors impact the child? • How did you find out? • What does the child know? • What has the child seen? • What are you worried is happening or will happen? 38

38. WHAT IS WORKING WELL? If DFS does not know “what is working well” they cannot know how worried to be. Questions will be asked that rigorously surface the history of protection—and how this can be applied to the safety of the children going forward. 39

39. To Keep the Child Safe, AND To Help the Family. WHAT NEEDS TO HAPPEN NEXT? 40

40. THE DIVISION OF FAMILY SERVICES 41 Receives reports for all children in the State of Delaware that have been abused or neglected. Then DFS will do one of three things: 1. Accept the report and investigate the allegations or conduct a family assessment; or 2. Refer the report to law enforcement for investigation; or 3. Document the report, but not investigate the allegations.

41. NEW DFS RESPONSE TIMES Investigation Response Times • Priority One – Within 24 hours • Priority Two – Within 72 hours • Priority Three – Within 10 days 42

42. MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN DOE AND DSCYF The entire MOU can be found at: http://www.doe.k12.de.us/DDOEDSCYFMOU.pdf 43

43. OVERVIEW OF THE MOU 44 • Ensures Compliance with 14 DE Code § 4123, which requires full-time teachers to receive 1 hour oftraining every year in the detection and reporting of child abuse; • Establishes Each Discipline’s Roles and Responsibilities in the Reporting and Investigation of Child Abuse; • Enhances Case Collaboration and Information Sharing; • Delineates McKinney- Vento Protections; • Establishes a Protocol for Transition to/from DSCYF to Local Education Agencies (LEAs) and Charter Schools; and • Addresses Confidentiality and Dispute Resolution.

44. ROLES AND RESPONSIBILITIES: CHILD ABUSE REPORTING 45 Local Education Agencies/Charter Schools shall: • Report suspicion of abuse or neglect; • Make a new report each time abuse or neglect is suspected; • School employee who spoke to or observed the child shall make the call to the report line. • Fax or mail the Mandatory Reporting Form to DFS within 72 hours for documentation.

45. ROLES AND RESPONSIBILITIES: CHILD ABUSE INVESTIGATION 46 Division of Family Services will respond as follows for reports initiated by the school: • Never release the source of the report; • Decide whether or not to initiate the investigation on-site at the school; • Contact the school about the expected response time; • Report to the school’s main office and provide ID, if a school response is warranted; • Contact law enforcement for reports that would constitute a criminal violence against a child and may request a police response at the school or for the police to transport the child to the hospital;

46. ROLES AND RESPONSIBILITIES: CHILD ABUSE INVESTIGATION(CONT’) 47 Division of Family Services will respond as follows for reports initiated by the school: • Discuss the interview process with the reporter and conditions under which school personnel could be present; • Interview the child; • Observe and photograph a child’s physical injuries in the school environment; • Never conduct a physical assessment of a child alleging sexual abuse; • Never transport a child without legal custody, temporary emergency protective custody or a signed parental/legal guardian’s consent;

47. ROLES AND RESPONSIBILITIES: CHILD ABUSE INVESTIGATION(CONT’) 48 Division of Family Services will respond as follows for reports initiated by the school: • Authorized to take Temporary Emergency Protective Custody of a child from a school, day care facility, or child care facility; and • Permitted to inform the reporter about the following: - DFS responded, the child is safe or the child was placed; - Who is allowed to have contact with child; - Explain if there is something school should be doing; - Who school should call if something else happens; and - When the child’s placement changes if the child was placed out of home.

48. ROLES AND RESPONSIBILITIES: CHILD ABUSE INVESTIGATION(CONT’) 49 Division of Family Services will respond as follows for reports initiated by other sources: • Decide whether or not to initiate the investigation at the school; • Attempt to contact the school about the expected response time; • Report to the main office and provide ID if a school response is warranted; • May request that the school nurse assist with the physical assessment of the child, but will not request the nurse to complete the physical assessment prior to the DFS response; and • Wellness Center reports will be handled as external reports, but the school may be contacted to obtain information.

49. MULTIDISCIPLINARY RESPONSETO REPORTS DFS and/or law enforcement will conduct an investigation for any report that involves an offense against a child. The Department of Justice (DOJ) will decide if there is enough evidence to prosecute criminally or civilly. Whenever appropriate, cases will also be referred to the Children’s Advocacy Center (CAC) for a forensic interview, medical exam and/or mental health screening. 50

50. HOW CAN INFORMATION BE SHARED? In general, DFS will share information only when there is a signed release of information (informed, time limited consent). DFS, law enforcement, the CAC, and the DOJ exchange information on families and children when this information is needed to assist an investigation involving a shared client. 51 51