HOW A CHILD ENTERS THE SYSTEM Dan Pearlman djpearlman1@msn.com or daniel.pearlman@state.nm.us Grace Hernandez grace.

1. HOW A CHILD ENTERS THE SYSTEM Dan Pearlmandjpearlman1@msn.com or daniel.pearlman@state.nm.us Grace Hernandez grace.hernandez @state.nm.us

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3. INVESTIGATIONS

4. Bernalillo County Reports 4/3/2014 4

5. Bernalillo County Protective Services Accepted Reports Quarter 1 SFY 09: July - September 2008In Home/Legal 4/3/2014 5

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7. Substantiated vs. Unsubstantiated Unsubstantiated means only that the investigation does not indicate that the child is abused or neglected as defined by law. It does not mean the reported incident did not occur.

8. East/West Investigations 4/3/2014 8

9. Bernalillo County CPS InvestigationsQtr1 SFY 09 July-SeptemberN=939 4/3/2014 9

10. East/West Investigations 4/3/2014 10

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13. 360 Presentation Bernalillo County East/West Area Investigations/In-Home Services Permanency Planning Placement Permanency Planning 4/3/2014 13

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16. PLACEMENT

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18. Overview Every person is required by law to report suspected abuse or neglect. § 32A-4-3. Only some of these reports reveal circumstances serious enough to result in in investigation, and only some investigations reveal facts that warrant a court proceeding.

19. Overview, cont. For the 12-month period ending March 31, 2006: Reports of abuse or neglect: 23,629 (unique children) Substantiated after investigation: 5,880 (24.9%) Unsubstantiated: 17,749 (75.1%) Cases opened for services: 2,425 Children entering foster care: 1,148 “Substantiated” means there is evidence child is abused or neglected as defined by law. “Unsubstantiated” does not mean the incident that was investigated did not happen, it means the child does not appear to be abused or neglected as defined by law.

20. Overview, cont. In an emergency, medical personnel can hold a child until law enforcement takes custody. Only law enforcement personnel can take a child into custody without a prior court order. CYFD can not take custody of a child except from law enforcement or by court order. §§ 32A-4-4, -6, -7, -16.

21. Duty to Report:§ 32A-4-3(A) Every person, must report “including”: a licensed physician; a resident or an intern examining, attending or treating a child; a law enforcement officer; a judge presiding during a proceeding; a registered nurse; a visiting nurse; a schoolteacher; a school official; a social worker acting in an official capacity; or a member of the clergy Why are these listed if the requirement includes “every person”? -- because these may think they have other duties/privileges - see next slide

22. Duty to Report, cont. Any person who has information that is not privileged as a matter of law (not as a matter of ethical rules or conventions), who knows or has a reasonable suspicion that a child is an abused or a neglected child, shall report the matter immediately to: a local law enforcement agency; CYFD; or a tribal law enforcement or social services agency for any Indian child residing in Indian country.

23. Immunity of Reporting Person§ 32A-4-5(B) “Anyone reporting an instance of alleged child neglect or abuse or participating in a judicial proceeding brought as a result of a report required by Section 32A-4-3 NMSA 1978 is presumed to be acting in good faith and shall be immune from liability, civil or criminal, that might otherwise be incurred or imposed by the law, unless the person acted in bad faith or with malicious purpose.”

24. What must be reported?

25. Abused Child: § 32A-4-2(B) • Abused child means a child who has suffered: • or who is at risk of suffering serious harm because of the action or inaction of the child's parent, guardian, or custodian; • physical abuse, emotional abuse or psychological abuse inflicted or caused by the child's parent, guardian, or custodian; • sexual abuse or sexual exploitation inflicted by the child's parent, guardian, or custodian;

26. Abused Child, cont. • Abused child means a child whose parent, guardian, or custodian has: • knowingly, intentionally or negligently placed the child in a situation that may endanger the child's life or health; or • knowingly or intentionally tortured, cruelly confined or cruelly punished the child.

27. Skin bruising Bleeding Malnutrition Subdural hematoma Soft tissue swelling Death Physical Abuse: § 32A-4-2(F) Physical abuse includes, but is not limited to, any case in which the child exhibits evidence of: • Failure to thrive • Burns • Bone Fracture AND . . .

28. Physical Abuse, cont. • There is no justifiable explanation for the condition or death; • The explanation varies from the degree or nature of the condition; • The explanation given for the death varies from the nature of the death; or • Circumstances indicate that the condition or death may not be the product of an accidental occurrence. • In re Vincent L., 1999-NMCA-089, ¶ 9.

29. Emotional & Psychological Abuse • A child who suffers emotional or psychological abuse is considered an abused child. • But, the Children’s Code does not define emotional or psychological abuse.

30. Emotional & Psychological Abuse, cont. • The Court of Appeals upheld a finding of Emotional Abuse and Neglect based on the combined effects of mother’s: • Leaving children unattended for long periods; • Exposing them to dangerous situations; • Failing to understand their physical and emotional needs; • Failing to empathize with their feelings; • Being self-centered in her interactions with the children; • Exposing them to domestic violence; • Exposing them to substance abuse; • Showing an indifference to their needs in favor of her own; and • Placing them with inappropriate caretakers. • Eventyr J., 120 N.M. 463 (Ct. App. 1995); see also State ex rel CYFD v. Athena H, 2006-NMCA-113.

31. Sexual Abuse: § 32A-4-2(G) • Sexual abuse includes, but is not limited to, the following criminal conduct: • criminal sexual contact, • incest, and • criminal sexual penetration

32. Sexual Exploitation:§ 32A-4-2(H) • Sexual exploitation includes, but is not limited to: • allowing, permitting or encouraging a child to engage in prostitution; • allowing, permitting, encouraging or engaging a child in obscene or pornographic photography or • filming or depicting a child for obscene or pornographic commercial purposes, as those acts are defined by state law.

33. Neglected Child: § 32A-4-2(E) • Neglected child means a child: • who has been abandoned by the child's parent, guardian or custodian; or • who is without proper parental care and control or subsistence, education, medical or other care or control necessary for the child's well-being because of: • the faults or habits of the child's parent, guardian or custodian or • the failure or refusal of the parent, guardian or custodian, when able to do so, to provide them.

34. Neglected Child, cont. • who has been physically or sexually abused, when the child’s parent, guardian, or custodian knew or should have known of the abuse and failed to take reasonable steps to protect the child from further harm; or • whose parent, guardian, or custodian is unable to discharge his responsibilities to and for the child because of incarceration, hospitalization or physical or mental disorder or incapacity.

35. Abandonment: § 32A-4-2(A) • Abandonment includes circumstances when the parent, without justifiable cause, LEFT THE CHILD: • without provision for the child’s identification for a period of 14 days; or • with others (including the other parent or an agency) without provision for support & without communication for: • 3 months if the child was under 6 years old at the beginning of the 3-month period; or • 6 months if the child was over 6 years old at the beginning of the 6-month period.

36. Abandonment & Safe Haven • Leaving an infant at a hospital in accordance with the Safe Haven Act: • protects a parent, guardian, or custodian from CRIMINAL PROSECUTION for child abandonment, but • does NOT protect against abuse & neglect proceedings.

37. Where are reports made? What happens to a report?

38. CYFD Statewide Central Intake8.10.2 NMAC When SCI receives a report of alleged abuse or neglect, the report is assigned an investigative priority. Emergency Report: respond within 3 hours = immediate danger Priority One Report: respond within 24 hours = serious allegations, but child in safe environment Priority Two Report: respond within 5 calendar days = past abuse/neglect, no immediate danger Respond = face to face contact with alleged victim (child).

39. Screen In/Screen Out Screen in means a report from a community source which met requirements to make it a referral Screen out means didn’t meet requirements, including out of home perpetrator, concerns do not warrant an investigation, or the allegations the same as a current investigation.

40. Emergency Report Response required within 3 hours: When the worker believes the identified victim is in immediate danger, he/she immediately consults the supervisor for approval of the emergency prioritization. The supervisor arranges for immediate assignment of the report for investigation. When the situation is potentially life threatening, the worker contacts the appropriate emergency response personnel, including, but not limited to, law enforcement and paramedics.

41. Examples of Emergency Report Examples include, but are not limited to: an abandoned infant or child; any incident alleging a recent serious trauma, such as head injury, burns, or broken bones; reports alleging physical injury to an infant; reports alleging recent sexual abuse; reports alleging any potential life-threatening situation; requests from law enforcement for immediate response to assist in the assessment of the immediate safety of the child and/or adult; and allegation of abuse or neglect in foster or pre-adoptive home.

42. Priority One Report 24-hour Response If the intake worker assesses that the alleged victim is not in immediate danger, but that a response by CYFD is required within twenty four hours, he/she completes the Protective Services Report, and forwards the report to his/her supervisor as soon as possible. The supervisor reviews, approves and forwards the report to the investigation supervisor for assignment.

43. Examples of Priority One Reports Examples include, but are not limited to: Allegations of physical injury where the alleged victim is presently in a safe environment; Allegations of ongoing abuse or neglect where the alleged perpetrator will not have access to the child in the next twenty-four hours.

44. Priority Two Report 5 calendar days If, based upon the information provided in the report, the intake worker assesses that the alleged victim is not in immediate danger; he/she completes the Protective Services Report, and forwards the report to his/her supervisor as soon as possible. The supervisor reviews, approves and forwards the report to the investigation supervisor for assignment.

45. Examples of Priority Two Reports Examples include, but are not limited to: Reports alleging a/n with no immediate concerns for the victim’s safety or well being; Reports alleging physical abuse with no present injury; Reports of a/n when the alleged perpetrator no longer has access to the victim; Reports of abuse/n when a protective parent or caretaker has already intervened.

46. Investigation, Reasonable Efforts, and Removal

47. Purpose of CPS Investigation8.10.3.8 NMAC To assess safety of children who are the subjects of reports of alleged abuse or neglect and to collect and assess information to: determine whether the incident of child abuse or neglect occurred, determine whether any child in the home remains at risk for continuing abuse and neglect, and assess the need for additional protective services.

48. CPS Investigation CYFD will conduct investigations for children in the custody of: biological parents adoptive parents other relatives or guardians or CYFD (foster care, institutional care).

49. Conducting CPS Investigations8.10.3.12 NMAC CYFD gathers the information required to determine the immediate safety of and ongoing risks of harm to the child. CYFD interviews/observes the alleged child victim and all other children in the household during the investigation.

50. Interviewing the Child8.10.3.12 NMAC Interviews at home: Children contacted at home are interviewed only with the permission of the parent or caretaker. Interviews at public schools: public schools are required by § 32A-4-5 NMSA to permit children to be interviewed concerning a CPS investigation; and parental permission is not required to interview a child at public school.