Mandatory Reporting of Child Abuse & Neglect – Supplemental Information

1. Mandatory Reporting of Child Abuse & Neglect – Supplemental Information Nic Dibble, LSSW, CISW Education Consultant, School Social Work Services Student Services/Prevention & Wellness Team Department of Public Instruction http://sspw.dpi.wi.gov/sspw_can January 2012

2. Introduction • This webcast is recommended for school administrators, pupil services professionals, & anyone who will be delivering this PowerPoint presentation as part of a local in-service for employees • If you are watching this presentation as part of preparation to deliver a local in-service, feel free to incorporate any of the slides from this presentation into the “Training for All School Employees” PowerPoint presentation • Both PowerPoint presentations are available at http://sspw.dpi.wi.gov/sspw_can Wisconsin Department of Public Instruction - January 2012

3. Introduction (continued) • You will find some slides in the PowerPoint presentations reference specific questions or the Appendix in the DPI publication “The School’s Role in Preventing Child Abuse & Neglect” • Reviewing this publication will help prepare anyone using the DPI PowerPoint presentation to provide a local in-service http://sspw.dpi.wi.gov/sspw_can Wisconsin Department of Public Instruction - January 2012

4. Overview of Presentation • Additional comments about reporting • Guidelines for talking with a student • Cooperating with the CPS initial assessment • Possible outcomes of a report • Special circumstances • Confrontations by parents • Sexually active adolescents • Suspected abuse by educators • Methamphetamine manufacture Wisconsin Department of Public Instruction - January 2012

5. Additional comments on reporting • It is OK to have a local policy requiring employees to notify the principal or other school administrator when a report is made • This notice may not prevent or delay a report • A report should not be made on 2nd-hand information or hearsay • An educator should attempt to check with the original source of the information in order to help determine if a report is necessary Wisconsin Department of Public Instruction - January 2012

6. Additional comments on reporting (continued) • There should be no reports by “proxy” • Someone with 1st hand knowledge of suspected child maltreatment may not ask someone else to make the report • If a person is nervous about making a report or does not understand how or what to do, the person may ask someone with more knowledge to assist with the report Wisconsin Department of Public Instruction - January 2012

7. Additional comments on reporting (continued) • If there are multiple educators that have had 1st hand contact with a student, only one of the educators needs to make the report • Note: If different educators have different information that should be included in the report, all of these educators should participate in the report Wisconsin Department of Public Instruction - January 2012

8. Additional comments on reporting (continued) • Sometimes a comment from a student or what can be observed is not sufficient information to determine if a report is necessary • It is OK for a school to designate someone to have a conversation with a student to gather more information • In cases of possible sexual abuse, it is important to be sensitive to the gender of the adult chosen to talk to the student Wisconsin Department of Public Instruction - January 2012

9. Talking with the Student • Make the student as comfortable as possible • The proximity to the student should help the student feel as comfortable as possible in this situation • Allow the student to tell you what he or she wants to share Wisconsin Department of Public Instruction - January 2012

10. Talking with the Student (continued) • Ask open-ended, simple questions with only one idea – examples are: • Pointing to bruises on the arm, “How’d you get these marks?” • “Can you tell me what happened?” • “Then what happened?” • “Is there anything else you want to tell me?” Wisconsin Department of Public Instruction - January 2012

11. Talking with the Student (continued) • Use age-appropriate language • Validate student’s self-disclosure • It takes a great deal of personal courage for a student to tell someone about being hurt • It can help the student if the educator openly acknowledges the student’s courage using language the student can understand Wisconsin Department of Public Instruction - January 2012

12. Talking with the Student (continued) • Reassure the student the abuse is NOT his or her fault • Some children believe that the abuse is because they misbehave Wisconsin Department of Public Instruction - January 2012

13. Talking with the Student (continued) Don’t … • Sit behind a desk or table – rather, sit across from or next to the student, depending upon the student’s comfort level • Display anger, shock, disgust, disbelief, or confusion • Interrupt or correct the student Wisconsin Department of Public Instruction - January 2012

14. Talking with the Student (continued) Don’t … • Ask leading questions • Leading questions can ruin the investigation by Child Protective Services or law enforcement • Check under the student’s clothing for signs of abuse • A school nurse may ask a student to open or remove clothing as part of an examination to look for injuries Wisconsin Department of Public Instruction - January 2012

15. Talking with the Student (continued) Don’t … • Tell the student, “Everything is going to be OK” or “This will never happen again” • Nobody can guarantee that they can keep a student safe from abuse or neglect Wisconsin Department of Public Instruction - January 2012

16. Talking with the Student (continued) • If & once you determine a report is or is not necessary, stop asking questions • There is no valid reason to continue to ask a student personal questions • If a report is made, continuing to question a student risks corrupting the investigation by Child Protective Services or law enforcement Wisconsin Department of Public Instruction - January 2012

17. Talking with the Student (continued) • If a report is made, tell the student using language the student can understand • It is OK to allow older & more mature students to be present when a report is made as a means of helping them begin to regain some control over their personal lives Wisconsin Department of Public Instruction - January 2012

18. Talking with the Student (continued) • After the report is made, tell the student what will happen next • (e.g., “Someone will be coming out to school to talk to you later today”) • It may be necessary to ask the intake worker about next steps in order to learn this information Wisconsin Department of Public Instruction - January 2012

19. Cooperating with CPS Initial Assessment • CPS must be allowed to interview a student in a public school • Allow immediate access to the student for observation & interviewWis. Stat. 48.981(3)(c) • Do not ask the caseworker to wait until the student has free time • Provide a private interview area Wisconsin Department of Public Instruction - January 2012

20. Cooperating with CPS Initial Assessment (continued) • An educator may sit in on the interview ONLY if the student wants this & CPS caseworker OKs it • If a school staff person is allowed to sit in on the interview by Child Protective Services, be sure not to say or do anything that would interfere with the interview & investigation • For instance, do not try to cue the child by saying, “Remember, you told me that your Daddy hit you” Wisconsin Department of Public Instruction - January 2012

21. Possible Outcomes The initial assessment by CPS generally concludes with one of the following actions: • the case is closed with no referral for services, • the case is closed & the family is referred to community services, or • the case is opened for ongoing services that are either voluntary or court-ordered Wisconsin Department of Public Instruction - January 2012

22. Possible Outcomes (continued) Whether or not a case is opened for services often depends upon: • any safety threats present in the home, • a family’s willingness to receive services from the child welfare or other service agency, or • when it is believed the child is not safe & the family refuses services, the ability of the agency to obtain a court order mandating services Wisconsin Department of Public Instruction - January 2012

23. Why doesn’t CPS always take action? • The child’s mistreatment may not be serious enough to legally allow intervention • Removal from a home is a last resort • Children often can be maintained safely in the home • Placing a child in a foster home can be traumatic for both the child & other family members Wisconsin Department of Public Instruction - January 2012

24. Confrontations by Parents If confronted by parents, educators may be able to manage the situation with these statements • Reports for possible child abuse are required by law • The law also requires that the identity of any reporter be kept confidential • There are significant penalties for breaking either of these laws Wisconsin Department of Public Instruction - January 2012

25. Abuse by a Non-Caregiver • Counties have discretion regarding investigation of abuse by non-caregivers • Continue to investigate all reports of suspected abuse, both caregiver & non-caregiver, • Investigate caregiver reports only & refer non-caregiver reports to local law enforcement, or • Make this decision on a case-by-case basis. • Schools should check with their respective county department of social services Wis. Stat. 48.981(3)(c) Wisconsin Department of Public Instruction - January 2012

26. Abuse by a Non-Caregiver • If a parent is not suspected of abusing the child OR of being complicit in the abuse, then permission must be obtained from the parent to interview the child • If a parent has failed to protect a child from abuse by a non-caregiver, then CPS must still investigate Wis. Stat. 48.981(3)(c) Wisconsin Department of Public Instruction - January 2012

27. Sexually Active Adolescents 3 questions can help determine if a report is necessary • Was the sexual contact voluntary or involuntary? • How old is the student? • under 16 years • 16 or 17 years Ref. 72 Atty. Gen. 93 • 18 years or older • Has the student accessed health care services? Wis. Stat. 48.981(2m) Wisconsin Department of Public Instruction - January 2012

28. Definitions of Sexual Contact & Sexual Intercourse • Sexual contact includes intentional touching of intimate body parts, whether direct or through clothing, for the purpose of sexually humiliating or degrading the victim or sexually arousing or gratifying the perpetrator Wis. Stat. 948.01(5) • Intimate body parts include breasts, buttocks & genitals • Sexual intercourse includes vaginal, oral & anal sex Wis. Stat. 948.01(6)    Wisconsin Department of Public Instruction - January 2012

29. Attorney General Opinion • “consensual sexual contact involving 16- & 17-year-old children does not constitute child abuse under section 48.981(2), Stats.” • “there is nothing in the child ‘abuse’ definition of s. 48.981 encompassing sexual activity of the typical 16-year-old or 17-year-old. Accordingly, there is no reporting requirement in that regard & no authority under s. 48.981 for the county Department of Social Services to investigate reports of such activity.” Ref. 72 Atty. Gen. 93 Wisconsin Department of Public Instruction - January 2012

30. Exception to Mandatory Reporting if a Student Has Accessed Health Care Services “The purpose of this subsection is to allow children to obtain confidential health care services.” • Health care services include family planning, pregnancy testing, & treatment of sexually transmitted diseases • The exception to report applies to • Doctors, physician assistants & nurses providing health care services to a child • A person who obtains information about a child who is receiving or has received health care services Wis. Stat. 48.981(2m) Wisconsin Department of Public Instruction - January 2012

31. Exception to Mandatory Reporting Due to Prior Access to Health Care Services (continued) Mandatory reporting may not apply IF the adolescent has accessed or is accessing health care services & NONE of the exceptions listed below apply • Sexual contact with caregiver • Mental illness or deficiency • Young age or immaturity • Unconscious or unable to communicate unwillingness • Exploitation • Reasonable doubt about voluntary nature of participation Wis. Stats. 48.981(2m), 253.07(1)(b) Wisconsin Department of Public Instruction - January 2012

32. Sexually Active Adolescents (continued) • A significant age difference between the adolescent & the adolescent’s partner may be enough to warrant a report, even if the adolescent believes the sexual activity is voluntary • There may be a power differential in the relationship that raises doubt • Some counties suggest reports if the age difference is 3 years or more Wisconsin Department of Public Instruction - January 2012

33. Sexually active adolescents (continued) • More information is available in the DPI publication “Reporting Requirements for Sexually Active Adolescents” • A link to this resource can be found at http://sspw.dpi.wi.gov/sspw_can Wisconsin Department of Public Instruction - January 2012

34. Suspected abuse by educators • Suspected abuse by an educator must be reported to county Child Protective Services or local law enforcement • Notify your district administrator • A report to DPI may be required for possible consideration of license revocation Wis. Stat. 115.31 Wisconsin Department of Public Instruction - January 2012

35. Methamphetamine Manufacture Making methamphetamine is considered child abuse in Wisconsin, if a child could see, smell or hear this activity (e.g., in a child’s home) Wis. Stat. 48.02(1)(g) Wisconsin Department of Public Instruction - January 2012

36. Sources for More Information • Department of Public Instruction http://sspw.dpi.wi.gov/sspw_can • Department of Children & Families http://dcf.wi.gov/children/CPS/index.htm Wisconsin Department of Public Instruction - January 2012

37. Sources for More Information (continued) • County departments of social services • Police-school liaison officers or other local law enforcement officers • Nic Dibble, Education Consultant School Social Work Services nic.dibble@dpi.wi.gov (608)266-0963 Wisconsin Department of Public Instruction - January 2012

38. Here is what we covered • Additional comments about reporting • Guidelines for talking with a student • Cooperating with the CPS initial assessment • Possible outcomes of a report Wisconsin Department of Public Instruction - January 2012

39. Here is what we covered (continued) • Special circumstances • Confrontations by parents • Sexually active adolescents • Suspected abuse by educators • Methamphetamine manufacture • Where to get more information Wisconsin Department of Public Instruction - January 2012