Mandated Reporter Training for School Employees State of Connecticut
51 Slides626.81 KB
Mandated Reporter Training for School Employees State of Connecticut – Department of Children and Families *No Children have been harmed for this production. All photographs used are of studio models.* October 1, 2019
DCF’s Strategic Goals Safety Workforce Engage our workforce through an organizational culture of mutual support Wellbeing Contribute to child & family wellbeing by enhancing assessments and interventions Keep children & youth safe, with focus on most vulnerable populations Partnering with communities And empowering families To raise resilient children who thrive Permanency Connect systems & processes to achieve timely permanency Racial Justice Eliminate racial & ethnic disparate outcomes within our department Sharpening the safety focus through prevention across the child welfare system
Purpose of Mandated Reporter Training Provide information To keep you up to date with your roles, responsibilities and changes in the law and possible preventive measures you can take to protect yourselves as well as the children and families you serve To hear concerns, answer questions, and develop ways to work together to better protect children October 1, 2015 October 1, 2019
Who Must Report Connecticut General Statutes (State law) identify professionals who, because their work involves regular contact with children, are mandated by law to report suspected child abuse and neglect. October 1, 2015 October 1, 2019
Who Must Report Any person paid to care for a child in any public or private facility, child day care center, group day care home or family day care home which is licensed by the State. The Child Advocate and any employee of the Office of the Child Advocate Chiropractors Dental Hygienists Dentists Department of Children and Families Employees Department of Public Health / Office of Early Childhood employees responsible for the licensing of child day care centers, group day care homes, family day care homes or youth camps. Domestic Violence Counselor Family Relations Counselor, Family Relations Counselor Trainee, or Family Services Supervisor employed by the Judicial Department Licensed/Certified Alcohol and Drug Counselors Licensed Behavior Analysts* Licensed/Certified Emergency Medical Services Providers Licensed Foster Parents Licensed Marital and Family Therapists Licensed or Unlicensed Resident Interns October 1, 2019 Licensed or Unlicensed Resident Physicians Licensed Physicians Licensed Practical Nurses Licensed Professional Counselors Licensed Surgeons Medical Examiners Members of the Clergy Mental Health Professionals Optometrists Parole Officers (Juvenile or Adult) Pharmacists Physical Therapists Physician Assistants Podiatrists Police Officers Probation Officers (Juvenile or Adult) Professionals identified in Public Act 14-186 Psychologists Registered Nurses School Employees (defined in section 53a-65 of CGS) Sexual Assault Counselors Social Workers
Who Must report: Continued Inclusion of Additional Mandated Reporters (A) persons who have regular contact with children and provide services to or on the behalf of children pursuant to a contract with or credential issued by the Department of Children and Families, (B) victims services supervisors employed by the Judicial Department, and (C) employees of the juvenile justice program operated by or pursuant to a contract with the Court Support Services Division of the Judicial Department Effective 10.1.2019 October 1, 2015 October 1, 2019
Who Must Report From a School System Section 53a-65 of the Connecticut General Statutes (CGS) (subsection 13): (13) "School employee" means: (A) A teacher, substitute teacher, school administrator, school superintendent, guidance counselor, psychologist, social worker, nurse, physician, school paraprofessional or coach employed by a local or regional board of education or a private elementary, middle or high school or working in a public or private elementary, middle or high school; or (B) any other person who, in the performance of his or her duties, has regular contact with students and who provides services to or on behalf of students enrolled in (i) a public elementary, middle or high school, pursuant to a contract with the local or regional board of education, or (ii) a private elementary, middle or high school, pursuant to a contract with the supervisory agent of such private school. October 1, 2015
Educational Neglect Due to COVID - 19 Monitoring Student Engagement in Continued Learning As in-school attendance processes have changed, student engagement remains paramount. During the COVID – 19 disruption of school, district and school administrators should make sure that regular connections are made with students and families. Teachers and support staff should connect with all students to maintain their relationships, assist with issues and concerns related to assignments and encourage full participation in continued learning opportunities. Identify students who were chronically absent pre-COVID -19 or otherwise identified as requiring additional support and determine if the available pre-COVID 19 supports can continue virtually. School Administrators and support staff should reach out to students who are not signing into online learning or engaging in other continued learning opportunities. October 1, 2015 October 1, 2019
Who Must Report: Public Act No. 14186 (11) any person who holds or is issued a coaching permit by the State Board of Education, is a coach of intramural or interscholastic athletics and is eighteen years of age or older, (12) any individual who is employed as a coach or director of youth athletics and is eighteen years of age or older, (13) any individual who is employed as a coach or director of a private youth sports organization, league or team and is eighteen years of age or older, (14) any paid administrator, faculty, staff, athletic director, athletic coach or athletic trainer employed by a public or private institution of higher education who is eighteen years of age or older, excluding student employees, (35) any paid youth camp director or assistant director. October 1, 2015
What Must Be Reported? Mandated Reporters are required to report or cause a report to be made when, in the ordinary course of their employment or profession, they have reasonable cause to suspect or believe that a child under the age of 18 has been abused, neglected or is placed in imminent risk of serious harm (CGS 17a-101a). A Mandated Reporter must report any suspicion to DCF or law enforcement regardless of the identity of the alleged perpetrator. October 1, 2015 October 1, 2019
What Must Be Reported? *School employees are further required to report or cause a report to be made when, in the ordinary course of their employment or profession, they have reasonable cause to suspect or believe that any person who is being educated by the technical high school system or a local or regional board of education, other than as part of an adult education program, is a victim of sexual assault and the perpetrator is a school employee. * Public Act 15-205 - Effective 10/1/2015 October 1, 2015
Reasonable Cause to Suspect Observed Allegations Facts or statements by a child, victim, or third party CERTAINTY OR PROBABLE CAUSE IS NOT REQUIRED October 1, 2015 October 1, 2019
Definitions: Abuse Connecticut General Statutes, Section 46b-120, defines an abused child as a child or youth less than 18 years of age who: Has had physical injuries inflicted upon him or her other than by accidental means, or Has injuries which are at variance with the history given of them, or Is in a condition which is the result of maltreatment such as, but not limited to, malnutrition, sexual molestation or exploitation, deprivation of necessities, emotional maltreatment, or cruel punishment. October 1, 2015 October 1, 2019
Possible Indicators of Sexual Abuse Physical Chronic gastrointestinal complaints Unexplained bruises, lacerations, redness, swelling, or bleeding in the genital, vaginal, or anal areas. Complaints of genital or rectal pain Sexually transmitted disease Child Under 13 with Venereal Disease a physician or facility must report to Careline upon the consultation, examination or treatment for venereal disease of any child not more than twelve (12) years old Pregnancy October 1, 2015 October 1, 2019
Possible Indicators of Sexual Abuse Emotional/Behavioral Fire setting Cruelty to animals Sexually aggressive, manipulative of children Truancy Engages in self-destructive behaviors Substance abuse Suicide attempts Cutting Prostitution Inability to eat or overeating Bedwetting or soiling October 1, 2015 Wears an excessive amount of clothing October 1, 2019 Promiscuity or avoidance of sexuality
Age of Consent for Sexual Activity The general age of consent in Connecticut is 16. This applies in most normal relationships. However, if any of the following apply, then the age of consent becomes 18: Where one person is a guardian, or responsible for the general supervision, of the other. See C.G.S. § 53a-71(a)(4). Where one person is an athletic coach or an intensive, ongoing instructor (e.g. piano teacher) outside of a school setting, and the other is being coached or instructed. See C.G.S. § 53a-71(9)(B). Where one person's professional, legal, occupational or volunteer status gives him/her a role of supervision, power, or authority, over the other's participation in a program or activity, and the older person is at least 20-yearsold. See C.G.S. § 53a-71(a)(4). October 1, 2015 October 1, 2019
Age of Consent for Sexual Activity Age of consent is irrelevant in the following; as even consensual adult sexual activity is criminalized in these relationships: Where one person is a school employee (of the board of education, by extension excluding post-secondary schools) and the other a student. See C.G.S. § 53a-71(a)(8) Where one person is an athletic coach or an intensive, ongoing instructor (e.g. piano teacher) in a secondary (high school) setting and the other a student. See C.G.S. § 53a71(9)(A) October 1, 2015 October 1, 2019
HUMAN TRAFFICKING Commercial Sexual Exploitation of Children (CSEC). Sexual abuse of a child (under the age of 18) by another person in return for payment in money or in kind, paid to the child or to one or more third parties. CSEC includes child pornography, trafficking in children for sexual purposes, child sex tourism and child marriage when payment is exchanged. Visit DCF website for additional resources, information, and access to training: www.ct.gov/dcf October 1, 2019 Domestic Minor Sex Trafficking (DMST). Sexual abuse of a child (under the age of 18) by another person in return for payment in money or in kind, paid to one or more third parties.
Neglect Has been abandoned; or Is being denied proper care and attention, physically, educationally, emotionally, or morally; or Is being permitted to live under conditions, circumstances, or associations injurious to his well-being. October 1, 2015 October 1, 2019
Educational Neglect Educational Neglect occurs when a child 5 years of age and older and under 18 years of age has excessive absences from school through the intent or neglect of the parent or caregiver. NOTE: Excessive absenteeism or school avoidance may be symptoms of other physical, emotional, or medical needs. October 1, 2019
Educational Neglect Exceptions & Special Considerations A child age 5 or 6 is not required to attend school. Educational neglect only occurs if the child is enrolled at 5 or 6 and does not attend school or receive home instruction. For children older than 12, excessive absences through the child’s intent, despite the parents’ or caregivers efforts, is truancy. Truancy is handled through the school district. A parent or person having control of a child 17 years of age may consent to the child’s withdrawal from school by personally appearing and signing a withdrawal form. October 1, 2015 October 1, 2019
Medical Neglect The refusal or failure on the part of the person responsible for the child's care to seek, obtain, and/or maintain those services for necessary medical, dental, or mental health care Withholding medically indicated treatment from disabled infants with life-threatening conditions. Note: Failure to provide the child with immunizations or routine well child care in and of itself does not constitute medical neglect. . October 1, 2015 October 1, 2019
Child Left Alone in Motor Vehicle or Place of Public Accommodation CGS Section 53-21a Sec. 53-21a. Leaving child unsupervised in place of public accommodation or motor vehicle. (a) Any parent, guardian or person having custody or control, or providing supervision, of any child under the age of twelve years who knowingly leaves such child unsupervised in a place of public accommodation or a motor vehicle for a period of time that presents a substantial risk to the child's health or safety, shall be guilty of a class A misdemeanor.October 1, 2015 October 1, 2019
Whom Does DCF Investigate? The Department will investigate cases where the abuse or neglect has been inflicted by or caused by a person responsible or entrusted for a child’s health, welfare, or care; or by a person given access to a child by a person responsible. October 1, 2015 October 1, 2019
“Person Responsible” Parent Guardian Foster parent Staff personnel of child center based, family or group day care settings Staff employees of residential child care settings and that individual responsible for a child’s health, welfare, or care and is allegedly responsible for causing or allowing the infliction of physical injury or injuries or imminent risk. October 1, 2015 October 1, 2019
“Person Entrusted” Anyone given access to child or youth by a person who is responsible for the health, welfare, or care of a child or youth for the purpose of providing education, child care, counseling, spiritual guidance, coaching, training, instruction, tutoring, or mentoring of such child or youth. October 1, 2015 October 1, 2019
Reporting Procedures When – As soon as practical, but no later than 12 hours after the mandated reporter becomes aware of or suspects abuse/neglect or imminent risk of serious harm or that a mandated reporter must notify DCF To Whom – DCF Careline: 1-800-842-2288; or calling the local law enforcement agency A written report (DCF 136) is required by law to be written and submitted within 48 hours of oral report. http://www.ct.gov/dcf/lib/dcf/policy/pdf/DCF-136.pdf ORAL REPORT TO CARELINE IS REQUIRED October 1, 2015 DCF-136 will not be accepted without oral report being made October 1, 2019
Preliminary Investigation A mandated reporter should not conduct his/her own investigation prior to making a report. If abuse or neglect is suspected, a referral should be made to the DCF Careline. 1-800-842-2288 October 1, 2015 October 1, 2019
All oral and written reports shall contain the following information if known: 1. The names and addresses of the child and his parents or other person responsible for his care; 2. The age of the child; 3. The gender of the child; 4. The nature and extent of the child's injury or injuries, maltreatment or neglect; 5. The approximate date and time the injury or injuries, maltreatment or neglect occurred; 6. Information concerning any previous injury or injuries to, or maltreatment or neglect of, the child or his siblings; 7. The circumstances in which the injury or injuries, maltreatment or neglect came to be known to the reporter; October 1, 2015 October 1, 2019
All oral and written reports shall contain the following information if known: 8. The name of the person or persons suspected to be responsible for causing such injury or injuries, maltreatment or neglect; 9. The reasons such person or persons are suspected of causing such injury or injuries, maltreatment or neglect; 10. Any information concerning any prior cases in which such person or persons have been suspected of causing an injury, maltreatment or neglect of a child; 11. Whatever action, if any, was taken to treat, provide shelter or otherwise assist the child (PA 11-93 §15). Items 9 and 10 are new. October 1, 2015 October 1, 2019
Report of Suspected Child Abuse or Neglect: Form DCF - 136 Please print or type Child’s Name M Age Or DOB Race: F American Indian or Alaskan Native Asian/Pacific Islander Black/African American (not of Hispanic Origin) Hispanic White (not of Hispanic origin) Unknown Other Child’s Address Name Of Parents Or Other Person Responsible For Child’s Care Address Phone Number Name Of Careline Worker To Whom Oral Report Was Made Date Of Oral Report Name Of Suspected Perpetrator, If Known Address And Phone Number, If Known Date And Time Of Suspected Abuse/Neglect Relationship To Child Nature And Extent Of Injury(ies), Maltreatment Or Neglect Describe The Circumstances Under Which The Injury(ies), Maltreatment Or Neglect Came To Be Known Describe the Reasons Such Persons(s) Are Suspected of Causing Such Injuries, Maltreatment of Neglect Information Concerning Any Previous Injury(ies), Maltreatment Or Neglect Of The Child Or His/Her Siblings Information Concerning Any Prior Cases(s) In Which The Person(s) Have Been Suspected Of Causing An Injury(ies), Maltreatment Or Neglect Of A Child List Names And Ages Of Siblings, If Known What Action, If Any, Has Been Taken To Treat, Provide Shelter Or Otherwise Assist The Child? REPORTER SECTION Reporter’s Name And Agency Reporter’s Signature October 1, 2019 American Indian or Alaskan Native Asian/Pacific Islander Black/African American (not of Hispanic Origin) Hispanic White (not of Hispanic origin) Prefer Not to Answer Other Address : Phone Number City: Position Date
Careline Contact Information Child Abuse and Neglect Careline 505 Hudson Street Hartford, CT 06106 Phone: 1-800-842-2288 (FAX): 860-560-7073 October 1, 2019
When DCF Notifies the Police When DCF receives a report alleging sexual abuse or serious physical abuse, including, but not limited to, a report that a child has: Died; Been sexually assaulted; Suffered brain damage, loss, or serious impairment of a bodily function or organ; Been sexually exploited; or Suffered serious non-accidental physical injury DCF will notify the appropriate police October 1, 2015 department within 12 hours of the receipt of such October 1, 2019
Confidentiality & Anonymity October 1, 2019
Anonymity The name of the reporter of child abuse/neglect shall be kept confidential upon his/her request. However, it shall be disclosed to: Mandated Reporters are required to give their name when they make a report to DCF, however, reporters may request anonymity to protect their privacy. DCF would not disclose their name or identity unless mandated to do so by the law. (CGS 17a-28 and 17a-101) October 1, 2019 A DCF Employee A Law Enforcement Officer An Appropriate State’s Attorney An Appropriate Assistant Attorney General A Judge and all necessary parties in a Juvenile Court proceeding or criminal prosecution involving child abuse and neglect A State Child Care Licensing Agency, Executive Director of any institution, school or facility, or Superintendent of Schools.
36 Legal Protections for Reporting & Consequences for Failing to Report October 1, 2019
Immunity and False Reporting CGS 17a-101e Immunity – Any person, institution, or agency which in good faith makes a report pursuant to sections 17a-101a to 17a-101d, inclusive, and 17a-103, or provides professional medical intervention or assistance in any proceeding involving child abuse and neglect, shall be immune from any liability, civil or criminal. False Reporting – Any person who knowingly makes a false report of child abuse or neglect shall be fined not more than October 1, 2015 2000 or imprisoned not more than one year or both. October 1, 2019
Failing to Report and/or Delayed Reporting Any person required by the law to report a case of suspected child abuse/neglect who fails to make such report or fails to do so within the required time period shall be guilty of a class A misdemeanor. *If the violation is a) a subsequent violation, b) willful or intentional or due to gross negligence, or c) such person had actual knowledge of the abuse or neglect, such person shall be guilty of a class E felony. *Public Act 15-205 – Effective 10/1/2015 A person found guilty of failure to report shall also be required to participate in an educational and training program. DCF IS REQUIRED TO NOTIFY THE CHIEF STATE’S ATTORNEY IF IT SUSPECTS THAT A PERSON HAS FAILED TO REPORT OR October 1, 2015 DID NOT REPORT WITHIN THE REQUIRED TIME-FRAMES. October 1, 2019
Prevention or Interference in Reporting Any person who intentionally and unreasonably interferes with or prevents the making of a report, *or attempts or conspires to do so, shall be guilty of a class D felony. * Public Act 15-205 – Effective 10/1/2015 October 1, 2015 October 1, 2019
Employee Protection No employer shall (1) discharge, or in any manner discriminate or retaliate against, any employee who in good faith makes a report pursuant to sections 17a101a to 17a-101d, inclusive, and 17a-103, testifies or is about to testify in any proceeding involving child abuse or neglect, or (2) hinder or prevent, or attempt to hinder or prevent, any employee from making a report pursuant to sections 17a-101a to 17a-101d, inclusive, and 17a-103, or testifying in any proceeding involving child abuse or neglect. The Attorney General may bring an action in Superior Court against an employer who violates this subsection. The court may assess a civil penalty of not more than two thousand five hundred dollars and may order such October 1, 2015 other equitable relief as the court deems appropriate. October 1, 2019
Overview of Public Act 11-93 Mandated Reporting by Schools A legislative response to a report issued by the Offices of the Child Advocate and Attorney General which identified flaws in the way child abuse and neglect in schools is identified, reported and investigated. Encourages reporting, streamlines investigations and clarifies information sharing among the various entities involved. The public act also requires mandatory training of school district personnel in reporting and investigating child abuse and neglect and the standard use of the DCF central registry for background checks for current and prospective school employees and certificate applicants. October 1, 2015
Key Components Related to Educators of Public Act 11-93 Background Checks: Boards of Education check DCF Central Registry for any position - If applicant is on the DCF Central Registry, application is denied Disclosure to School Superintendents of Central Registry information Newly hired local or regional board of education employees (on or after 7/1/11) complete Mandated Reporter Training – Refresher every three years *School principals to certify annually each school employee is in compliance (*Public Act 15-205 – Effective 10/1/2015) October 1, 2015
Key Components Related to Educators of Public Act 11-93 Expands list of Mandated Reporters in school systems Data Base kept by DCF of incidents where school systems failed to report abuse/neglect in timely manner If a school employee is the alleged perpetrator of abuse or neglect, allows the sharing of records. DCF will report the allegations to the Connecticut State Department of Education October 1, 2015
Board of Education Human Resources Investigations If child abuse or neglect is suspected by a school employee, a referral must be made to the DCF Careline. School district investigations are allowable after a report is made as long as DCF or the investigating law enforcement agency notifies the school district that the district's investigation will not interfere with the DCF or law enforcement investigation. October 1, 2015
DRS: Two Track Response System CARELINE DCF Referral *Rule Outs Applied* Family Assessment Investigatio nHigher Risk Cases Lower Risk Cases 72-hour Response Time Mandated Collateral Contacts Protective Factors Assessed Service Plans & Family Team Meetings SD/24/72-hour Response Times Can Switch Between Tracks 45-Day Completion Protective Factors Assessed Abuse / Neglect Finding Central Registry Access to Community Partner Agency Mandated Collateral Contacts Based on Safety & Risk Assessment 45-Day Completion MAIN FOCUS MAIN FOCUS Services Recommended Services Not Needed Substantiation or Unsubstantiation Transfer for Continued Services determined by Partnership through use of Risk Assessment Transfer for Ongoing Services mandated by DCF through use of a Risk Assessment
Why Two Tracks? Be more flexible in the response to child abuse and neglect reports Better understand the family issues that lie beneath maltreatment reports Engage parents more effectively to use services that address their specific needs Increase sharing responsibility and accountability for families and communities October 1, 2015 October 1, 2019
Disparate Outcomes Result From Overt & Unconscious Decisions Lower the rate of disproportionality In CPS cases, people of color are over-represented relative to the general population. These disparities and inequities by race and culture are seen at every decision point within the DCF system. The DRS approach is to begin The first decision making point addressing these inequities and disparities as early as possible by using the assessment track to focus on service delivery to ameliorate such issues. comes from assessing “reasonable suspicion”-simply ask, “Is my suspicion (or lack of) based on the race of this family?” October 1, 2019
Safe Haven Act An act that creates a safe alternative to leaving infants in unsafe places A parent may voluntarily surrender physical custody of an infant age thirty (30) days or younger to the nursing staff of a hospital emergency room. Parent is not required to provide his or her name or medical history. October 1, 2015 October 1, 2019
Protecting Infants, Toddlers & Preschoolers For our agency this is our invisible population Early Assessment and Intervention is essential Call 211 3-5 year olds deserve quality child care Unsafe sleep related deaths are the leading cause of preventable deaths of infants in Connecticut Educating families about safe sleep environments is key DCF has embarked on campaign to educate staff, providers and the families we serve about safe sleep DCF and NICHD resources (links provided below) http://www.ctparenting.com/ files /Safe%20Sleep%20Flyer%2012-%202013%20final.pdf http://www.nichd.nih.gov/sts/about/Pages/default.aspx October 1, 2019 October 1, 2015
DCF Strengthening Families Strengthening Families DCF recognizes that strengthening Connecticut families requires partnership with the immediate family, the extended family, and community providers. Thank you for being part of this team. October 1, 2015 October 1, 2019
Additional Resources Still Have Questions? Please visit our website to view additional information regarding mandated reporting or to find out who to speak with from our staff. If you have any concerns of abuse or neglect, please call our Careline at 800-842-2288 BE A HERO, BE A FOSTER PARENT If you are interested in being a foster parent or would like information on how to become one, please call 1-888-KID-HERO October 1, 2019 October 1, 2015