Charting the Course towards Permanency for Children in Pennsylvania

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Charting the Course towards Permanency for
Children in Pennsylvania

• Module 2 Identifying Child Abuse and Neglect

The Pennsylvania Child Welfare Training Program
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Training Room Guidelines

• 15 minute rule
• Training Schedule - 900 to 4 00 w/ breaks
• Document your presence- sign-in sheet
• Provide constructive motivational feedback
• Respect
• Take risks
• Practice makes permanent
• Focus on learning - No cell phones only contact
  office for emergencies

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Learning Objectives

• Recognize the value and use of the Casework
  Practice Navigational Guide screening,
  investigation and assessment steps and the Six
  Domains in the identification of child abuse and
  neglect
• Identify the specific definitions of
  non-accidental serious physical injury, child
  sexual abuse, imminent risk, non-accidental
  serious mental injury, serious physical neglect,
  general protective services and student abuse as
  defined in Pennsylvanias Child Protective
  Services Law and

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Learning Objectives (contd)

• Recognize physical indicators and the family
  dynamics and behavior of child maltreatment.

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Agenda

• Day 1
• Introduction to Identifying Child Abuse and
  Neglect
• Casework Practice Navigational Guide and the
  Six Domains
• Non-accidental Serious Physical Injury
• Family Dynamics in Child Abuse and Neglect

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Agenda (contd)

• Day 2
• Child Sexual Abuse
• Imminent Risk
• Non-accidental Serious Mental Injury
• Serious Physical Neglect
• General Protective Services and Child Neglect
• Student Abuse
• Conclusion

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Activity

• Name three things that you do to care of yourself
  during times of stress.

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Children and Youth Services Mandates

• Receive and investigate all reports of child
  abuse
• Implement a state-approved risk assessment
  process
• Develop a county plan for the provision of
  protective services
• Include among the services for the prevention,
  investigation and treatment of child abuse
• Instruction and education services
• A multi-disciplinary team and
• Investigative teams.
  

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Children and Youth Services Mandates (contd)

• Receive all child abuse and general protective
  assessments 24/7
• Have procedures for
• Child abuse investigations
• Emergency placement and custody
• Protect the well-being of children placed in
  out-of-home care and
• Administer a program of general protective
  services.

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The Six Domains

• What is the extent of maltreatment?
• What circumstances surrounding the maltreatment?
• What are the disciplinary approaches used by the
  parent?
• What are the overall, typical pervasive parenting
  practices used by the parent?
• How does the adult function in respect to daily
  life management and general adaptation including
  mental health and substance use?
• How do the children function, including their
  condition?

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The Screening Process

• The screening process is defined as the
  systematic
• gathering of information, which is then used as
  the basis upon which two (2) major decisions are
  made
• Should the referral be accepted for evaluation by
  the agency?
• What is the response time?
• Screening requires a comprehensive gathering of
  information from the referral source, including
  
• Reported allegations of abuse/neglect,
• Details related to the six domains,

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The Screening Process (contd)

• Screening requires a comprehensive gathering of
  information from the referral source, including
  
• The current location of the children and the
  alleged perpetrator, and
• Information related to safety threats and risk
  factors.
• If the referral is not accepted for investigation
  or assessment, the information gathered helps the
  screener to determine if the reporter should be
  referred to another community agency for
  assistance. (Information Referral)

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Activity

• Refer to Handout 11
• Imagine that you are a screener and you need to
  gather relevant information from a reporter.
• Identify questions you would ask for each
  scenario around the 6 Domains.
• Record your answers on flipchart to present to
  the larger group.

14
Sequencing of the Interviews

• Best practice indicates that, after obtaining
  information from the referral source, interviews
  should occur in the following order
• the alleged child victim
• the siblings and/or other children
• the non-offending parent
• the alleged perpetrator and
• collateral witnesses other family members to
  whom the child may have disclosed (e.g., a friend
  or school teacher).

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Photographing Children

• Per Regulation 3490.55
• The parent/caregiver, or another adult person of
  the same sex as child, should be present but
  their permission is not needed.
• The childs permission should be sought.
• If child is resistant to the examination, photo
  should be done by a medical provider.
• If child is over 10 years, the exam must be done
  by a CPS worker of the same sex as child if
  clothing is removed.
• Most of the body can be exposed (bathing suit
  rule). Genitals can not be photographed.
  

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Photographing Children (contd)

• All injuries must be photographed or obtained.
• On back of photo, the following must be
  documented
• Name of child
• Case Number and suffix
• Age of child at time of photograph
• Photo taken by
• Date of photograph
• Time photo was taken
• Location of photo
• Names of any witnesses present
• Signature of photographer (and printed name).

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Case Status Determinations

• Indicated report - a report pursuant to the
  CPSL is an investigation by CYS determined that
  substantial evidence of the alleged abuse/neglect
  exists based upon
• Medical evidence
• CPS investigation
• Perpetrator admission.

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Case Status Determinations (contd)

• Founded report - a report made pursuant to
  CPSL, if there has been a judicial finding that
  the child who is the subject of the report has
  been abused or neglected.
• Unfounded report a report made pursuant to
  CPSL that is not a "founded report or the CYS
  worker has determined that there is not
  substantial evidence to indicate a report of
  suspected abuse/neglect.

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Child Abuse is

• Must involve a child, a perpetrator and an act of
  abuse as defined below
• Child person who is under the age of 18.
• Perpetrator person who has committed child
  abuse and is
• A parent of a child.
• A paramour of a childs parent.
• An individual 14 years of age or older residing
• in the same home as the child.
• A person responsible for the childs welfare

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Child Abuse is (contd)

• A CPSL Perpetrator can also be named as
• Perpetrator by Commission A person who actively
  participated or sanctioned the abuse or neglect
  of the child.
• Perpetrator by Omission A person who by their
  failure to act allowed the child to be
  abused/neglected or willingly placed him/her at
  risk.

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Categories of Child Abuse

• Recent Non-accidental Serious Physical Injury
• Nonaccidental Serious Mental Injury or Sexual
  Abuse or Sexual Exploitation
• Recent Imminent Risk of Serious Physical Injury
  or Sexual Abuse or Sexual Exploitation and
• Serious Physical Neglect 

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Non-accidental Serious Physical Injury

• Any recent act or failure to act by a perpetrator
  which causes a non-accidental serious physical
  injury to a child under 18 years of age.
• Serious physical injury is an injury that
• Causes a child severe pain or
• Significantly impairs a child's functioning,
  either temporarily or permanently.
• Recent act or omissions is defined in the CPSL
  definition sections as those acts or omissions
  committed within two years of the date of the
  report to the Department of Public Welfare or
  county agency.

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Determination of Non-accidental Serious Physical
Injury

• First Inquiry Determine if a serious physical
  injury has occurred.
• Significantly Impairs a Childs Physical
  Functioning,
• Temporarily or
• Permanently
• OR
• Causes a Child Severe Pain.

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Determination of Non-accidental Serious Physical
Injury (contd)

• Second Inquiry Determine whether the serious
  physical injury was non-accidental.
• An Injury that is the Result of
• Intentional Act
• Committed with Disregard
• OR
• Substantial and Unjustifiable Risk.

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Non-accidental Rationale

• Under Pennsylvania law, parents are not
  prohibited from using corporal (physical)
  discipline with their children. CPSL 6303 (c).
• Therefore, it is permissible for parents to use
  corporal punishment to discipline their
  children. 
• Realistically, corporal punishment is undertaken
  with the intent to inflict pain.

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Non-accidental Rationale (contd)

• Therefore, a parents intent to inflict pain on
  their child or an intentional striking of a child
  by a parent does not automatically cause that act
  to be considered non-accidental or not allowable
  under Pennsylvania law.
• However, these intentional acts can cross the
  line into non-accidental or unallowable acts. 
• The challenge for the child welfare professional
  is to determine whether the parents intentional
  act has crossed the line and was committed with a
  disregard or a substantial and unjustifiable
  risk and to document this determination with
  substantial evidence.

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Examples of Physical Injuries to Children

• The photographs of injured children have been
  removed from the web-based version of this
  presentation. If you are a trainer and are in
  need of the photos associated with this portion
  of the presentation, please contact the
  Pennsylvania Child Welfare Training Program at
  [phone].

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CONDITIONS OF ABUSE

• Parent must have the predisposition to abuse
  his/her children.
• The maltreated child is perceived by the parent
  as being different and unsatisfactory.
• There must be a crisis in the family, or added
  stress.
• Parent may not have sources of external support.
• -Adopted from B. Steel Conditions of Abuse.

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Video Scared Silent
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Agenda

• Day 2
• Child Sexual Abuse
• Imminent Risk
• Non-accidental Serious Mental Injury
• Serious Physical Neglect
• General Protective Services and Child Neglect
• Student Abuse
• Conclusion

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Activity

• Record all the words that you can think of that a
  child of any age might use when describing a body
  part or a sexual encounter in five minutes.

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Definition of Sexual Abuse

• An act or failure to act by a perpetrator which
  causes sexual abuse or sexual exploitation of a
  child under 18 years of age.
• Sexual abuse or exploitation is defined as
• The employment, use, persuasion, inducement,
  enticement or coercion of any child to engage in
  or assist in any sexually explicit conduct or

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Definition of Sexual Abuse (contd)

• Sexual abuse or exploitation is defined as
• The employment, use persuasion, inducement,
  enticement or coercion of any child to engage in
  or assist another individual to engage in
  simulation of sexually explicit conduct for the
  purpose of producing visual depiction, including
  photographing videotaping, computer depicting and
  filming or
• Rape, sexual assault, involuntary deviant sexual
  intercourse, aggravated indecent assault,
  molestation, incest, indecent exposure,
  prostitution, sexual abuse, or sexual
  exploitation.

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Generic Definition of Sexual Abuse

• Any kind of sexual interaction, use,
  exploitation, pictures, prostitution, etc., of a
  child by a caretaker

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Small Group Activity

• Practice identifying appropriate/inappropriate
  sexual behavior for various age groups
• Refer to Handouts 22, 23, 24, 25
• Identify if the behavior is
• Appropriate
• Of concern
• Needs immediate professional intervention
• If the behavior is appropriate, determine what
  appropriate behavior would be.
• If the behavior is inappropriate, determine what
  the appropriate behavior would be.

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Imminent Risk

• Imminent
• Ready to take place so the time frame for
  consideration is the time during or immediately
  following the act or failure to act.
• Risk
• May be defined as a dangerous element or factor.

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Substantiating Imminent Risk

• In order to substantiate an act or failure to act
  as imminent risk, several findings must be made
• The victim must be a child under age 18 and there
  must be an identified perpetrator.
• The act or failure to act must be
  non-accidental.
• The allegation must pertain to serious physical
  injury or sexual abuse or exploitation. Serious
  mental injury and serious physical neglect do not
  apply.
• It must be a recent act, in other words, it must
  have occurred within two years of the date of the
  report.
• A specific act or failure to act must have taken
  place

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Substantiating Imminent Risk (contd)

• The risk of abuse must be imminent
• (1) for serious physical injury, imminent means
  during and/or immediately following the act or
  failure to act.
• (2) for sexual abuse/exploitation, imminent means
  the specific time frame during which the child
  was exposed to risk of such abuse.

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Non-accidental Serious Mental Injury

• Any act or failure to act by a perpetrator that
  causes non-accidental serious mental injury to a
  child less than 18 years of age.

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Definition of Serious Mental Injury

• Serious mental injury is psychological condition,
  as diagnosed by a physician or licensed
  psychologist, including the refusal of
  appropriate treatment, that
• Renders a child chronically and severely anxious,
  agitated, depressed, socially withdrawn,
  psychotic or causes reasonable fear that the
  childs life or safety is threatened or
• Seriously interferes with a childs ability to
  accomplish age-appropriate developmental and
  social tasks.

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Domestic Violence Activity

• Discuss and write down how Domestic Violence is
  displayed through the following indicators
• Physical
• Emotional Psychological
• Sexual Abuse
• Economic Abuse

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Serious Physical Neglect

• Is a physical condition caused by
• Act or failure to act of a perpetrator
• Endangers childs life or development or impairs
  childs functioning
• Due to
• Prolonged/repeated lack of supervision
• Failure to provide essentials of life, including
  medical and dental care
• -P.A. Code 3490.4

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General Protective Services

• Services to prevent the potential for harm to a
  child.
• Potential for harm likely, if permitted to
  continue, to have a detrimental effect on the
  childs health, development or functioning.
• Services to insure the safety and well-being of a
  child.
• Services provided by each county for non-abuse
  cases.

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Student Abuse is

• The serious bodily injury or sexual abuse or
  sexual exploitation to a student by a school
  employee.
• Student
• Individual under 18 years old enrolled in school.
• School employees
• Persons employed by or under contract with a
  school.

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Student Abuse is(contd)

• Only 2 types of abuse are included in student
  abuse
• Sexual abuse/exploitation
• Serious bodily injury
• Substantial risk of death.
• Serious permanent disfigurement.
• Protracted loss.
• Impairment of an organ or other body part.