Chapter 261 and Rider 33 Reporting

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Chapter 261 and Rider 33 Reporting
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Texas Statistics 2005

• DFPS received 234,383 reports of child abuse and
  neglect
• 40,542 web-based reports were received
• CPS completed 160,069 investigations

Source DFPS http//www.dfps.state.tx.us
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Source DFPS http//www.dfps.state.tx.us
Confirmed Victims of Abuse/Neglect by Type
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DSHS has always had the expectation that its
contractors/providers report child abuse
according to the law.
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Who does this affect???

• DSHS is required to monitor contractors/providers
  who provide the following services
• Title V Maternal and Child Health including Case
  Management
• Family Planning
• Primary Health Care
• HIV/STD
• Women, Infants and Children (WIC)
• Texas Health Steps
• Case Management for Children and Pregnant Women
  (CPW)

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Chapter 261 of the Family Code versus Rider 33

• Chapter 261 is not newsame reporting as always
  for clients under 17 years of age
• Rider 33 mandates DSHS review contractors for
  compliance with certain reporting requirements
  for clients under 14 years of age

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Requirements for Contractors

• Process to ensure that staff are reporting
  appropriately
• Written procedures which are utilized by staff to
  screen, document, and report child abuse.
• Documentation of staff training on child abuse
  reporting requirements.
• Utilize the DSHS Checklist as required.

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What will be reviewed by DSHS?

• Child Abuse Reporting Policy
• Documentation of staff training
• Evidence of internal monitoring to assure
  compliance
• All clinical records of clients lt 14 years of age
  who are pregnant or have an STD acquired in a
  manner other than through perinatal transmission
  or transfusion.

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The DSHS Monitoring Checklist MUST be used for
screening and reporting of child abuse if the
child is less than 14 years old and is pregnant
or has an STD.
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The DSHS Monitoring Checklist does not have to be
used when reporting other suspected sexual abuse.
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Use of the checklist for DSHS monitoring of
reporting of sexual abuse of children younger
than 14, who are pregnant or have STDs, does not
relieve contractors or subcontractors of the
requirements in Chapter 261, Texas Family Code,
to report any other instance of suspected child
abuse.  
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Reporting

• Professionals are required to report within 48
  hours from the time they are notified or become
  aware of abuse or suspected abuse.
• Non Professionals must report immediately
• A report must be made even if staff suspects or
  knows that a report may have previously been made.

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DSHS Rider 33 Checklist for DSHS Monitoring
Date___________________________ Client's
name_____________________________________________
____________ Client's age (use this checklist
only if client is under 14)______________________
____ Staff person conducting screening___________
_______________________________ Each
contractor/provider shall ensure that its
employees, volunteers or other staff report a
victim of child abuse who is a minor under 14
years of age who has engaged in sexual activity
with any individual to whom the minor is not
married. Sexual activity would be indicated if
the minor is pregnant or has a confirmed
diagnosis of a sexually transmitted disease
acquired in a manner other than through perinatal
transmission or transfusion. Using the criteria
above, did you determine that a report of child
abuse is required? __ Yes __ NoIf "yes", please
report and complete the information below.
 
Use of the checklist for DSHS monitoring of
reporting of abuse of children younger than 14
who are pregnant or have STDs does not relieve
contractors or subcontractors of the requirements
in Chapter 261, Texas Family Code, to report any
other instance of suspected child abuse. Last
Updated May 2003
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Reporting

• Call local law enforcement if situation is
  emergency (life-threatening)
• Document date, officers name badge
• Texas Dept of Family Protective Services
• Hotline [phone] available 24/7
• Website at www.txabusehotline.org/PublicMain.asp
• When the alleged or suspected abuse or neglect
  involves a person responsible for the care ,
  custody, or welfare of the child , a report must
  be made to DFPS.

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Confidentiality

• It is not a breach of confidentiality to report
  child abuse.
• Contractor/Provider may not reveal that a child
  was tested for or was diagnosed with HIV, AIDS,
  or a STD.

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What are the criteria to establish an AFFIRMATIVE
DEFENSE ?

• The actor was not more than three years older
  than the victim and of the opposite sex
• The actor did not use duress, force, or a threat
  against the victim at the time of the offense
• Affirmative defense is applicable to unmarried
  clients from 14-16 years old

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Affirmative defense is not applicable when the
victim is under the age of 14 because a child
under 14 cannot consent to sexual activity under
Texas law
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Documentation

• At a minimum
• A report was required and was made
• DSHS Screening Reporting form, as applicable
• Evidence Report made
• A report was not required and the affirmative
  defense for that determination is recorded

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Key Points

• All sexual activity under the age of 14 report.
• If the client is lt 14 years old and is pregnant,
  or has an STD use the checklist and report
• If the client is 14-16 years old and the sex
  partner is more than 3 years older report
• If the client is 14-16 years old and under
  duress, force or coercion report

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Web References

• http//www.dshs.state.tx.us/childabusereporting/de
  fault.shtm
• http//www.dshs.state.tx.us/qmb/default.shtm