Mandated Reporting for Child Abuse Elder Abuse Davis
Mandated Reporting for Child Abuse & Elder Abuse Davis Police Department
Who Are Mandated Reporters for Child Abuse? • People in public position – Teachers, family support officers, youth recreation leaders • Health Care Personnel • Public Protection Personnel – Employees of: Law enforcement agencies, county probation departments, county welfare departments • Public Contact positions – Commercial and photographic film processors, clergy, Employees or volunteers of CASA, child visitation monitors, animal control officers, humane society officers.
Why You Must Report • To protect the child -(Penal Code 11165 -11174. 3) • Reporting suspected abuse also provides help for the suspected abuser
What is Child Abuse? • “a physical injury inflicted by other than accidental means on a child by another person” -Penal Code 11165. 6, & W&IC 300 • It also includes emotional abuse, sexual abuse, neglect or abuse in out-of-home care.
What to Report -Physical Abuse • Physical injury inflicted by other than accidental means on a child Indicators include: – Fractures – Lacerations – Bruises – Burns – Facial injuries Penal Code 11165 -11174. 3
What to Report - Sexual Abuse • Sexual assault, which includes; – Sex acts with children – Intentional masturbation in the presence of children – Child molestation Indicators include: – – – Bruising around genital area Swelling or discharge from vagina/penis Tearing around genital area, including rectum Visible lesions around mouth or genitals Complaint of lower abdominal pain Painful urination, defecation (Penal Code 11165 -11174. 3)
What to Report - Sexual Abuse • Sexual Exploitation, which includes – Preparing, selling or distributing pornographic materials involving children – Performances involving obscene sexual conduct and child prostitution. (Penal Code 11165 -11174. 3)
What to Report -Sexual Abuse • Sexual Activity Between Minors – Sexual contact between child must be reported if the mandated reporter suspects that the child has been sexually abused or exploited. – Sexual activity alone does not imply sexual abuse. (Penal Code 11165 -11174. 3)
What to Report -Willful cruelty or unjustified punishment • Inflicting or permitting unjustifiable physical pain or mental suffering, • The endangerment of the child’s person or health -Unlawful corporal punishment or injury • Willfully inflicted, resulting in a traumatic condition (Penal Code 11165 -11174. 3)
What to Report -Neglect of a child • “Severe” or “general” neglect Indicators may be: – Failure to thrive (failure to gain weight at the expected rate) – Malnutrition (bloated stomach, extremely thin, dry flaking skin, pale, fainting) or poorly balanced diet – Inappropriate dress for weather – Extremely offensive body odor – Dirty, unkempt – Unattended medical conditions (Penal Code 11165 -11174. 3)
What to Report -Mental Suffering Mental suffering in and of itself is not required to be reported. However, it may be reported. – Penal Code 11165. 05 (Penal Code 11165 -11174. 3)
When to Report Child Abuse • …”knowledge of or observes a child in his or her professional capacity, or within the scope of his or her employment whom he or she knows or reasonably suspects* has been a victim of child abuse or neglect” - Penal Code 11166(a) *reasonably suspicion occurs when “it is objectively reasonable for a person to entertain such a suspicion, based upon facts that could cause a reasonable person in a like position, drawing when appropriate on his or her training and experience, to suspect child abuse. ”
How to Report Child Abuse • Call immediately Davis Police Department Yolo County Child Welfare Services Written report must be sent within 36 hours. Davis Police Department 2600 Fifth St Davis, CA 95618 Yolo County Child Welfare Services 25 N. Cottonwood St. Woodland, CA 95695
Immunity Those persons legally mandated to report suspected child abuse have immunity from criminal or civil liability for reporting as required or authorized by the child abuse and neglect reporting law. - Penal Code 11172(a)
Safeguards for Mandated Reporters • No supervisors or administrator my impede or inhibit a report or subject the reporting person to any sanction. - Penal Code 11166(g) • Those persons that are not mandated reporters are not required to include their names when making a report. - Penal Code 11167(e) • Reports are confidential and may be disclosed only to specified persons and agencies. - Penal Code 11167. 5
Failure to Report A person who fails to make a report is guilty of a misdemeanor punishable by up to 6 months in jail and/or up to a $1000 fine or both. The person may also be found civilly liable for damages, especially if the child-victim or another child is further victimized because of the failure to report. - Penal Code 11166(b)
What Happens After a Report is Made? If a referral is accepted as meeting the criteria for a child abuse/neglect investigation then: • It will be investigated by a child protective agency (CWS, law enforcement, or probation) • Referrals are assigned as either an immediate response or a 10 day response
The Investigation Process An investigation proceeds as follows: 1. Investigator researches all background information available 2. Coordinates with law enforcement (if necessary) 3. Contacts collaterals 4. Interviews the victim, siblings, witnesses, parents, and suspects 5. Determines if safety plan is needed 6. Determines if child is safe in home or needs to be removed for his/her protection The goal is to remove the risk from the child rather than the child from the risk
Possible Outcomes to Investigations: • • • Referrals to community services Referral to Differential Response Services Voluntary Family Maintenance Services Court Ordered Family Maintenance Services Protective custody hold placed on the child and the child removed from the home for his/her safety
Feedback to the Reporter After the investigation is completed, the mandated reporter will be informed of the outcome of the investigation. Due to confidentiality, only basic information will be shared.
Who Are Mandated Reporters for Elder Abuse? • Agencies providing publicly funded in-home supportive services, nutrition services, or other home and community -based support services • Adult day health care centers and adult day care • Law enforcement agencies • Fire departments • Offices of environmental health and building code enforcement. • Any other protective, public, sectarian, mental health, or private assistance or advocacy agency or person providing health services or social services to elders or dependent adults.
Why You Must Report • To protect elderly citizens and dependent adults from abuse and neglect. • It is recognized that a significant number of these persons have developmental disabilities and that mental and verbal limitations often leave them vulnerable to abuse and incapable of asking for help and protection on their own.
What is Elder Abuse? • Physical abuse, or • You observed a physical injury where the nature of the injury, its location on the body, or the repetition of the injury clearly indicates that physical abuse has occurred, or • You are told by an elder or dependent adult that he or she has experienced behavior constituting physical abuse
How to Report Abuse • Call immediately Davis Police Department 530 -747 -5400 • Written report must be sent within 48 hours. Davis Police Department 2600 Fifth St Davis, CA 95618 Use the SOC 341 form – available at Davis PD
Immunity • As long as a report is made in good faith, the mandated reporter is legally protected from civil or criminal lawsuits. Any legally mandated reporter has immunity when making a report. • No individual can be dismissed, disciplined or harassed for making a report of suspected elder or dependent adult abuse.
Failure to Report • Legally mandated reporters can be criminally liable for failing to report suspected abuse or neglect. • The penalty for this misdemeanor is up to six months in jail and/or up to a $1, 000 fine. • Mandated reporters can also be subject to a civil lawsuit, and found liable for damages.
Questions • Contact your Division Commander or the Volunteer Coordinator
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