ABUSE AND NEGLECT OF CHILDREN

1. ABUSE AND NEGLECT OF CHILDREN Becoming Aware and Reporting

2. Definition of Abuse The dictionary defines abuse as: • Misuse • An unjust or corrupt practice • Abusive words or insults Abuse is any behavior that is designed to control and subjugate another human being through the use of fear, humiliation, and verbal or physical assaults.

3. Definition of Neglect • Child neglect is defined as acts of omission or failure to meet the basic needs of a child. • More children die from physical neglect or endangerment than abuse. • Neglect is harder to identify than physical abuse.

4. INTRODUCTION • Mandated reporting of suspected child abuse, maltreatment, and neglect has been required of health professionals for the past forty years. • As awareness increased, more individuals and organizations are enlisted and involved in identifying and reporting child maltreatment. Educators are required to report known or suspected abuse and neglect.

5. New Mexico Law Every person who knows or has reasonable suspicion that a child is being abused or neglected in New Mexico must report the matter immediately to Children Youth and Families Department’s Statewide Central Intake child abuse hotline (1-800-797-3260) or to law enforcement or the appropriate tribal identity.

6. New Mexico Children's Code • 32A-4-1 NMSA 1978 Specific professionals mentioned under the law as mandated reporters are: licensed physicians, residents or interns, law enforcement officers, judges presiding during a proceeding, nurses, school teachers, school officials, social workers, and members of the clergy who have information not privileged as a matter of law.

7. Role of the Educator • School staff members serve many important roles in children’s lives; in addition to being educators, they see children every school day and are in a position to assist in identifying their problems and vulnerabilities.

8. Role of the Educator • A teacher may be the only adult in a student’s life who consistently provides emotional support, structure, discipline, and shows the child a view of trust, achievement, and hopefulness. • It is critical that all educational staff use their observational and critical thinking skills to aid in the protection of children.

9. Children Who Hurt • On a practical level, children who hurt cannot learn, and learning deficits often develop for children who experience maltreatment. • Abused and neglected children are at a disadvantage in the classroom. • Cognitive functioning is diminished when physical pain or emotional anguish are present.

10. Children Who Hurt • Reporting child abuse or neglect is thought by some to be one of the most unpleasant experiences and difficult responsibilities for any educator but it is your moral duty and the law.

11. Recognizing the Abused and Neglected Child • Children often do not report abuse immediately after the first incident has occurred. • Victimized children often experience a great sense of helplessness and hopelessness, believing that no one can do anything to help them.

12. Recognizing the Abused and Neglected Child • Some victimized children may make every attempt to hide the abuse and protect the abuser. • Others may be reluctant to report abuse for fear the abuser will retaliate. • A child may not report abuse for months or even years, particularly if the abuser is someone emotionally close to him or her. It can take a child a long time to realize that the abusive actions are not normal.

13. Recognizing a Child’s Cry for Help • When disclosures do occur, they may be indirect. He or she may indirectly talk about the abuse by asking for help for a “friend.” • Any time a child reports abuse, however vague, the report should be taken seriously. • Some children, afraid of repercussions, may ask theoretical questions about what could happen to the abuser or to a child who “tells.”

14. Recognizing a Child’s Cry for Help • An abused child may not be verbal but may be portrayed in a drawing left behind for a teacher, a counselor, or a trusted adult to see. • Some children have vague, recurring physical symptoms and hope attentive adults will guess what is happening. • Others drop hints about abusers or their home situation.

15. What Do I Do? Regardless of how the report came about: • Believe what the child has told you. • Tell the child you are glad he or she has informed you and let the child know you are sorry about what has happened. • Be aware of your feelings during the disclosure as children are sensitive to your reactions.

16. What Do I Do? • Communicate to the child its okay to talk about this to you and that the school is a “safe” place for the conversation. • The child may feel guilty and need your verbal reassurance that the abuse was not his or her fault. • Allow the child to tell you what happened in a free and open manner.

17. What Do I Do? • Do not ask leading questions, request details, or encourage him or her to disclose the details of the abuse or neglect. • Do not suggest his or her story might be fabricated or exaggerated. The abuser may have already told the child that no one would believe them or threatened the child to maintain silence.

18. What Do I Do? • Make no promises or guarantees to the child that are beyond your control. Don’t promise to keep the information secret. Assure the child you must act to protect him or her by following the law. • As well as you, predict for the child who he or she will have to talk to next. • Explain to the child that you are required by law to report what you now know. “This is a problem we need help with.”

19. Children At Risk for Abuse and Neglect We expect parents to nurture their child and help their child master the environment. This emotionally and physically demanding responsibility is not met successfully in all families. Recent research shows that 20 to 30 percent of parents have significant personal problems and or poor parenting skills to the extent that their children are at risk of maltreatment.

20. Children At Risk for Abuse and Neglect Whereas the dynamics in physically, sexually and psychologically abusive and neglectful families differ, the parents share common characteristics that contribute to the maltreatment of children. • A profound lack of empathy for the child • Unrealistic expectations for the child’s behavior and abilities • A strong belief in the use of punishment • An unfair “role reversal” that holds the child responsible for the parent’s emotional well being.

21. Children At Risk for Abuse and Neglect The same indicators that place a child at risk for drug abuse and school failure or place the family at risk for domestic violence are also warning signs for child abuse and neglect. • Extreme financial stress • Divorce, death, illness • Alcohol or substance abuse • Domestic violence

22. Children At Risk for Abuse and Neglect In other families, the children may have personal needs or characteristics that increase their risk of maltreatment such as: • Attention deficit disorder • Chronic illness • A physical or emotional disability • A history of delinquent or ungovernable behavior • A personal attribute identified by a parent as undesirable

23. The bruises will go away but the pain will remain

24. Recognizing Indicators of Child Abuse and Neglect • The threshold for mandated reporting is a “reasonable cause to suspect” that abuse or neglect has occurred. It is not your responsibility to investigate or prove thecase. Any attempt to investigate could unintentionally hinder the ability to intervene on behalf of the child.

25. Recognizing Indicators of Child Abuse and Neglect • Indicators of child abuse and neglect are observable conditions, behaviors, settings or injuries that imply the likelihood that abuse or neglect has occurred. • When considering indicators it is important to note: Repetitiveness of indicators The child’s age, medical condition, behavioral, mental, or emotional problems, developmental disability, or physical handicap Location of injury

26. Physical Indicators

27. Physical Indicators • Marks clearly made by pinching • Bald patches: Caused by extreme hair pulling • Marks on the neck: As in a choke hold • Bite marks • Location of injury: It is difficult for a child to injure his or her upper thigh or upper arm

28. Behavioral Indicators Of Physical Abuse Note: these indicators are not diagnostic of physical abuse but have been reported in physically abused children • Demonstrates extreme behavior such as withdrawal or aggression • Engages in role reversal • Is afraid to go home from school • Is wary of adult contacts

29. Physical Neglect Indicators • Consistent hunger, poor hygiene, inappropriate dress • Consistent lack of supervision, especially in dangerous activities or long periods • Unattended physical problems or medical needs • Abandonment

30. Physical NeglectBehavioral Indicators • Begging, stealing food • Extended stays at school (early arrival and late departure) • Constant fatigue, listlessness or falling asleep at inappropriate times • Alcohol or drug use • States there is no caretaker

31. Behavioral Indicators of Sexual Abuse A child who: • Engages in sexualized play which may include issues of force • Masturbates compulsively • Writes about sexual abuse • Makes a direct or indirect statement of sexual abuse

32. Behavioral Indicators of Mental Injury A child who: • Has behavior extremes. Is compliant, passive and aggressive and demanding • Threatens self-harm or suicide • Shows diminished cognitive ability

33. Behavioral Acts of Mental Injury Parents, relatives, household members, or other caregivers who: • Use inappropriate or excessively harsh discipline • Locks a child in a small area like a closet • Terrorizes through screaming or threat • Rejects the child through blaming and belittling • Corrupts a child by using the child for illegal purposes, allows child to use alcohol or drugs

34. Dealing with Your Own Feelings For many reasons, reporting suspected child abuse is personally difficult. There may be reluctance to “create more trouble” for already troubled families or fear of retribution against yourself or the child. The suspected perpetrator may even be someone you know or someone who seems so successful in life that he or she “just couldn’t have done such a thing.”

35. Dealing with Your Own Feelings • Child abuse is not an easy issue for any of us to confront but there are ways to attend to our own needs while we work to meet the needs of the students.

36. How to Report • Call the State of New Mexico Children, Youth and Families Department (CYFD)’s Statewide Central Intake (SCI) at 1-800 -797-3260 or go to cyfd.org. When making a report of abuse or neglect you may choose to remain anonymous but as a school employee it would be best to identify yourself as it can assist in the investigation process.

37. Reporting a Case from School • Do I have to have prior approval from my principal to report? No. Suspected or known abuse or neglect should be reported immediately to CYFD. It is recommended you notify your principal after the report has been made.

38. Reporting a Case from School Who should make the report when more than one staff member is involved? The group of people involved should decide which one of them will take responsibility to make the report. Usually the person to whom the child made the direct allegation of abuse or who knows the most about the situation is the most appropriate person to make the report.

39. Reporting a Case from School Can I be sued for making a report to CYFD? No, all reporters are immune from liability, civil or criminal, as long as the reporter acted in good faith. The law mandates that school teachers, school officials, nurses, and social workers must report suspicion of abuse/neglect.

40. Reporting a Case from School Will my identity be kept confidential? The reporters name remains confidential unless ordered to be released by a court of law. CYFD cannot guarantee that an alleged perpetrator or parents will not figure out who made the report.

41. Reporting a Case from School What if I suspect or am aware of child abuse and neglect and I do not report it to CYFD? There is a legal penalty for failure to report. A person who is required to report known or suspected child abuse or neglect and who knowingly and willfully fails to do so or who knowingly and willfully prevents another person from doing so is guilty of a misdemeanor. Punishment for conviction of a first degree misdemeanor charge includes imprisonment of up to one year and/or a fine of up to $1000.00

42. Reporting a Case from School All information related to child abuse or neglect investigations is confidential by law. Be cautious regarding with whom and in what manner you discuss any specific aspects of a child’s case. Do not discuss with anyone, except on a need-to-know basis.