Mandatory Child Abuse Training

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Mandatory Child Abuse Training
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Outcomes

• Participants will know
• Licensure requirements
• Meaning of child and dependent abuse as defined
  by Iowa Code
• Categories of child and dependent abuse
• Description of physical, psychological,
  behavioral, environmental, and other indicators
  of abuse
• Requirements and procedures for reporting
  suspected cases of abuse
• Classifications of mandatory reporters,
  confidentiality provisions, immunity provisions,
  and penalties for failure to report
• Assessment protocol utilized by DHS following the
  receipt of a report
• Chapter 102 procedures for investigating abuse of
  students by school employees

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Licensure Requirements

• Mandatory child and dependent adult abuse
  training is a condition of employment for all
  employees with a license, authorization, or
  certificate from the State Board of Educational
  Examiners
• New employees within 6 months of employment
• Current employees renewing their license after
  September 1, 2002
• Every 5 years thereafter

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History

• Child abuse is not a new phenomenon.
• The abuse and neglect of children has been
  documented for more than two thousand years.
• Attempts to prevent child abuse are relatively
  new.

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History

• The first documented legal response to child
  abuse in the United States occurred in 1874.
• The New York Society for the Prevention of
  Cruelty to Animals pleaded in court to have an 8
  year old child removed from her abusive and
  neglectful environment.
• Since there were no child abuse laws, the Society
  argued that the child was, in fact, an animal,
  and should be provided the same protection as
  other animals.

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History

• During the last few decades of the 1800s,
  societies to protect children from cruelty were
  formed in many states.
• The next movement to protect children came as the
  result of several pediatricians publishing
  articles about children.
• These children had suffered multiple fractures
  and brain injuries at the hands of their
  caretakers.

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History

• In 1961, Dr. C. Henry Kempe, then president of
  the American Academy of Pediatrics, held a
  conference on the Battered Child Syndrome.
• Dr. Kempe outlined a duty to the child to
  prevent repetition of trauma.
• The Battered Child Syndrome Conference resulted
  in many states passing laws to protect children
  from physical abuse.

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• 1965 Health Practitioners required to
  report
• 1974 Mandatory reporter list expanded
• Social workers
• Psychologists
• Certificated school employees
• Licensed day care providers
• Foster parents
• Law enforcement officers
• Mental health professions
• 1978 Sexual Abuse Denial of Critical Care
  added
• 1985 Direct reporting to DHS

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IOWA RESPONSE

• 1978 - Iowas child abuse reporting law initially
  enacted
• Intent of the law is to identify children who are
  victims of abuse
• Professional assessment to determine if abuse
  occurred
• Protective services designed to protect, treat
  and prevent further maltreatment
• PURPOSE of the Iowa law to provide the greatest
  possible protection to children by encouraging
  the reporting of suspected child abuse.

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Cost of Child Abuse

• Abused children are more likely to
• Have problems in school
• Become juvenile offenders
• Commit crimes as adults
• Societal Costs
• 250 million DHS spends each year to respond
  directly to abuse
• 24.3 billion direct national cost
• 69.5 billion indirect national cost

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Cost of Child Abuse
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Child Abuse

• CHILD
• Victim under eighteen years
• CIRCUMSTANCES
• Subjected to one or more categories of abuse
• CARETAKER
• Results of acts or omissions of the person
  responsible for the care of a child
• Caretakers
• Parent, guardian, or foster parent
• Relative or any other person with whom the child
  resides and assumes care or supervision
• Employee or agent of any public or private
  facility providing care for a child
• Any person providing care for a child

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Categories of Child Abuse

• Physical Abuse
• Mental Injury
• Sexual Abuse
• Denial of Critical Care
• Child Prostitution
• Presence of Illegal Drugs
• Manufacturing or Possession of a Dangerous
  Substance
• Bestiality in the Presence of a Minor

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Physical Abuse

• Any non-accidental physical injury
• Injury at variance with the history given of it
• Results of acts or omissions of a person
  responsible for the care of a child

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Physical Abuse Indicators

• Unusual or unexplained burns, bruises, or
  fractures
• Inconsistent histories where the explanation does
  not fit the injury
• Story changes over time

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Mental Injury

• Mental injury to a childs intellectual or
  psychological capacity
• Observable and substantial impairment in childs
  ability to function
• Impairment is diagnosed and confirmed by a
  licensed physician or mental health professional

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Examples of Mental Injury

• Ignoring
• Rejecting
• Isolating
• Terrorizing
• Corrupting
• Verbally assaulting
• Over-pressuring

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Sexual Abuse

• Commission of a sexual offense with or to a child
• 1st, 2nd, or 3rd degree sexual abuse
• Detention in a brothel
• Lascivious acts with a child or minor
• Indecent exposure
• Assault with intent to commit sexual abuse
• Indecent contact with a child
• Sexual exploitation by a counselor or therapist
• Sexual exploitation of a minor

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Sexual Abuse Indicators

• Excessive knowledge of sexual matters beyond
  their normal developmental age
• Seductiveness
• Bruised or bleeding genitalia
• Venereal disease
• Pregnancy

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Denial of Critical Care

• Failure on the part of a person responsible for
  the care to provide when financially able to do
  so

• Adequate food/nutrition

• Adequate shelter

• Adequate clothing

• Adequate health care

To such an extent that a child is at risk of
injury or death
Gross failure to meet emotional needs or failure
to provide mental health care
Failure to provide proper supervision
Failure to respond to life-threatening conditions
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Child Prostitution

• Acts or omissions of a person responsible for the
  care of a child which allow, permit, or encourage
  prostitution.

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Presence of Illegal Drugs

• An illegal drug is present in a childs body as a
  direct and foreseeable consequence of the acts or
  omissions of the person responsible for the care
  of a child.
• Determined by a drug screen

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Manufacture or Possession of a Dangerous Substance

• Essentially refers to meth labs operated by
  parents in the presence of a child.

Can also include other dangerous activities such
as making bombs.
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Bestiality in the Presence of a Minor

• Commission of a sex act with an animal in the
  presence of a child
• By a person who resides in a home with a child
• Result of the acts or omissions of a person
  responsible for the care of the child

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Dependent Adult Abuse

• 18 years of age or older
• Unable to protect ones own interests
• Unable to adequately perform or obtain services
  necessary to meet essential human needs
• Result of a physical or mental condition
  requiring assistance from another

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Categories of Dependent Adult Abuse

• Physical abuse
• Sexual abuse
• Exploitation- includes financial sexual
• Denial of critical care- includes self-denial of
  critical care

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Dependent Adult Abuse

• Includes persons with diminished physical or
  mental capacity
• Victim must meet the definition of being a
  dependent adult, AND
• The victim suffers one of the categories of abuse
  or neglect, AND
• The abuse or neglect occurred as a result of acts
  or omissions of a responsible caretaker OR of the
  dependent adult

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Indicators of Dependent Adult Abuse

• Environment
• Clothes dirty or uncared for
• Not dressed appropriately for the weather
• No means of transportation

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Indicators of Dependent Adult Abuse

• Physical Condition
• Lack of personal cleanliness grooming, body
  odors
• Decayed teeth
• Untreated pressure sores
• Signs of confinement
• Lack of mobility

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Indicators of Dependent Adult Abuse

• BEHAVIOR
• Intentional physical abuse or suicidal statements
• Persistent liar
• Threatens or attacks others physically or
  verbally
• Increased depression, anxiety or hostility
• Withdrawn, reclusive, suspicious, timid,
  unresponsive
• Lack of trust in others

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• Mandatory Reporters
• Health
• Mental Health
• Education
• Law Enforcement
• Child Care
• Social Work

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How to Report Suspected Abuse

• An oral report must be filed within 24 hours of
  being made aware of the abuse
• A written report must be filed within 48 hours
• Call your local DHS office during regular
  business hours or call the 24-hour hotline.
  1-800-362-2178
• If you believe the child is in imminent danger,
  call law enforcement immediately.

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When filing a mandated report, the following
information should be shared

• Names and address of the child and the childs
  parents or caretakers
• The childs current whereabouts
• The childs age
• The nature and extent of the childs injuries
• The name, age, and condition of other children in
  the same household

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• Any additional information that you feel is
  helpful in establishing the cause of the injury
  to the child
• The identity of the person(s) responsible for the
  injury
• Your name and address

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• Confidentiality is waived when making a report,
  meaning you cannot be prosecuted. But, once you
  make a report, it should not be discussed with
  anyone else.
• The written report should not be placed in the
  students school file. Best practice would be
  not to keep a copy at all, but if you feel you
  must, keep the copy at home.

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Penalties

• Failing to make a report is a simple misdemeanor
  (up to 30 days in jail or 100 fine). You can
  also be held civilly liable for damages caused by
  failure to report.
• Knowingly making a false report is a simple
  misdemeanor.

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DHS Response Process

• Intake
• Case Assignment
• Evaluation of alleged abuse
• Determining if abuse occurred
• Placing a report on the Child Abuse Registry
• Assessment of family strengths and needs
• Preparing forms and reports

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• DHS response time once a report has been made
• 1 hour if there is an immediate threat, high
  risk to the childs safety, or if the child is
  under one year old
• 24 hours if there is not an immediate threat or
  high risk to the child, but the alleged abuser
  has access to the child
• 96 hours if there is not an immediate threat or
  high risk to the child and the alleged abuser
  clearly does not have access to the child.

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Possible Outcomes

• Founded
• Confirmed placed on Registry
  (Most confirmed reports)
• Confirmed
• But not placed on Child Abuse Registry
  (Physical abuse DCC when minor, isolated,
  unlikely to reoccur)
• Not Confirmed
• There is not a preponderance of available
  credible evidence that abuse did occur
• Services still offered to families even if not
  confirmed

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Chapter 102

• Does not involve DHS at all, rather is a
  procedure for investigating allegations of abuse
  of students by school employees.
• Each school district has Level I and Level II
  investigators.
• Level I investigators are school employees.
• Level II investigators are typically community
  members, who are not employed by the school
  district.