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MANDATORY REPORTING DUTIES FOR CHILD NEGLECT, ABUSE AND EXPLOITATION G. Andrew H. Benjamin, J.D., Ph.D., ABPP http://www.linkedin.com/in/andybenjamin music generously provided by: Professor Paula Lustbader Seattle University School of Law.
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MANDATORY REPORTING DUTIES FOR CHILD NEGLECT, ABUSE AND EXPLOITATION G. Andrew H. Benjamin, J.D., Ph.D., ABPPhttp://www.linkedin.com/in/andybenjaminmusic generously provided by:Professor Paula LustbaderSeattle University School of Law
“There can be no keener revelation of a society’s soul than the way it treats its children.” ~ Nelson Mandela
Scope of Problem • In 2007, approximately 5.8 million children were involved in 3.2 million child abuse reports and allegations out of 75,512,062 kids • 1,569,592 kids, with 79000 in the great state of Washington allegedly abused or neglected • Many more go unreported • Consider 1 out of 3 girl children and 1 out of 5 boy children are sexually abused SEE: http://www.childwelfare.gov/ or http://www.childhelp.org/pages/statistics
The cycle of abuse • According to a 2006 U.S. Department of Health and Human Services study: One third of abused and neglected children will later abuse their own children.
THE LAW-RCW 26.44 • All professional school personnel (RCW.26.44.020(8)) • Must report to CPS at 1st opportunity, but in case no longer than 48hrs, .if reasonable cause to believe the child .has suffered abuse or neglect (RCW 26.44.030(1))
ABUSE OR NEGLECT MEANS • Physical injury • Sexual abuse • Sexual exploitation • Negligent treatment or maltreatment of a child by any person… which indicate that the child’s health, welfare, and safety is harmed (RCW 26.44.030 (12))
Signs of Physical Abuse (Injury) • Bruises • Burns • Cuts • Bullying But sometimes acts that are considered physical abuse and cause more than just transient pain are not obvious (e.g., shaking a child, smothering the child, threatening child with deadly weapon)
Signs of Physical Abuse • Bruises on uncommonly injured body surfaces • Blunt instrument marks or burns • Human hand marks or bite marks • Multiple injuries at different stages of healing • Evidence of poor care or failure to thrive • Circumferential immersion burns • Unexplained retinal hemorrhages • Acts that cause more than just transient pain are not obvious (e.g., shaking a child, smothering the child, threatening child with deadly weapon)
Signs of Sexual Abuse • Sudden change in behavior or appearance • Eating disorders • Wetting or fouling of self • Complaining of pain while urinating or having a bowel movement • Isolation/separateness • Sexually inappropriate behavior directed at peers
“Don’t talk to strangers” doesn’t apply here… 93% of juvenile sexual assault victims know their attacker. 34.2% of attackers were family members. 58.7% were acquaintances. Only 7% of the perpetrators were strangers to the victim. Rape, Abuse, & Incest National Network
Signs of Negligent Treatment or Maltreatment • Age-inappropriate behaviors • Sleep problems • Daytime anxieties and unrealistic fears • Behavioral extremes/self-destructive behavior • Rocking, thumb sucking, enuresis or other habitual problems
Signs of Neglect • Clothes are ill-fitting, filthy, or inappropriate for the weather • Hygiene is consistently bad • Untreated illnesses and physical injuries. • Is frequently unsupervised or left • Is frequently late or missing from school or falling asleep in school, or coming very early and leaving very late
Examples of Emotional Abuse • ignoring, withdrawal of attention, or rejection • lack of physical affection such as hugs • lack of praise, positive reinforcement • yelling or screaming • threatening or frightening negative comparisons to others
More Examples • belittling; telling the child he or she is "no good," "worthless," "bad," or "a mistake" • using derogatory terms to describe the child, name-calling • shaming or humiliating • habitual blaming • terrorizing a child
Signs of Emotional Abuse • Apathy • Depression • Lack of concentration • Appears defensive, shy, dependent • Is verbally abusive- ?using same language and demeaning terms endured elsewhere • Multiple signs emerge
Themes of our Class • Decision-making about mandatory reporting always involves a process • This process involves acting congruently with your values • Good law, good values, and good teaching go hand-in-hand • Never worry alone
Frame the evidence of abuse or neglect that crosses the line When the act or omission evidences a serious disregard of consequences of such magnitude as to constitute a clear and present danger to the child’s health, welfare, and safety • Almost without exception a pattern of awful behavior has been endured by the child
When reasonable cause emergesCPS- toll free 866 END HARM Information to have prepared: • The name, address and age of the child • The name and address of the child's parent, guardian or other persons having custody of the child • The nature and extent of the abuse or neglect • Any evidence of previous incidences http://www.dshs.wa.gov/ca/safety/abuseReport.asp?2
Resources • Child Welfare Information Gatewayhttp://www.childwelfare.gov/ • Childhelp http://www.childhelp.org • Domestic Abuse Project http://www.mndap.org/ • King County Domestic Violence Homepage http://www.kingcounty.gov/courts/DistrictCourt/Protection%20Order/DomesticViolence.aspx
More Resources de Benedictis Ph.D., T., Jaffe Ph.D., J., Segal Ph.D., J., (2004) Child Abuse: Types, Signs, Symptoms, Causes and Help. Help Guide Web site: http://www.helpguide.org/mental/child_abuse_physical_emotional_sexual_neglect.htm#emotional Washington State Department of Social and Health Services. (2009). Protecting the abused & neglected child: a guide for mandated reporters in recognizing & reporting child abuse & neglect. (DSHS Publication No. DSHS 22-163 Rev. 7/09). Retrieved from: http://www.dshs.wa.gov/pdf/publications/22-163.pdf
Andy Benjamin, J.D., Ph.D., ABPP Director, Parenting Evaluation/Training Program University of Washington E-mail: gahb54@u.washington.edu Web sites http://depts.washington.edu/petpor http://www.linkedin.com/in/andybenjaminor http://washington.academia.edu/GAndrewHBenjamin/About