Phoenix Union High School District Governing Board Policy

Phoenix Union High School District Governing Board Policy In-Service Child Abuse 2014/2015 School Year

CHILD ABUSE DEFINED • • • Infliction or allowing of physical injury Impairment of bodily function Disfigurement Serious emotional damage to a child Allowing another individual to inflict any of the above JLF-R

CHILD ABUSE • The Phoenix Union High School District is committed to ensuring safety of children as such abuse must be reported immediately to a peace officer or to Child Protective Services, except if the report concerns a person who does not have care, custody or control of the minor, the report shall be made to a peace officer only. – ARS 13 -3620 – Done by telephone or in person – Written report within 72 hours • Immune from any civil or criminal liability by acting in good faith. – Failure to report abuse is a class 1 misdemeanor. – Failure to report abuse that involves a reportable offense is a class 6 felony. JLF

REPORTABLE OFFENSES INCLUDE: • Indecent exposure • Public sexual indecency to a minor • Sexual abuse • Sexual conduct with a minor • Sexual assault • Molestation of a child • Furnishing items that are harmful to a minor via internet • Surreptitious photographing, videotaping, filming, digitally recording of a minor • Incest • Child prostitution • Commercial sexual exploitation of a minor • Sexual exploitation of a minor • Luring a minor for sexual exploitation • Admitting a minor to public displays of sexual conduct JFL-R

REPORTABLE OFFENSE FORM

MANDATORY REPORTING OF CHILD ABUSE

Training Objectives • • Mandated Reporters will better understand: A. R. S. 13 -3620 – Mandatory Reporting Statute Maricopa County Protocol for the Investigation of Child Abuse Types of Abuse Advocacy Centers

A. R. S. § 13 -3620 • The statute states: – “any person who reasonably believes that a minor is or has been the victim of abuse… or neglect… shall immediately report or cause reports to be made… to a peace officer or to child protective services. ”

You form a “Reasonable Belief” when: • A child discloses to you information indicating abuse or neglect. • A child has unexplained injuries or an explanation that is inconsistent with the injuries that lead you to suspect abuse. • A third person discloses information that gives you reason to believe abuse or neglect has occurred.

A. R. S. § 13 -3620 Who is mandated reporter? • 3 Categories of Mandated Reporters – Peace Officers & Members of the Clergy • All children, all the time – Parents • Their own children, all the time – “Person” is defined as… anyone who has the responsibility for the care or treatment of the minor. • Some of the time, all children

A. R. S. § 13 -3620 Who is mandated reporter? • Persons whose jobs or professions impose a duty to report information received during course of their employment • Named disciplines: – Physician, Physician’s Assistant, Optometrist, dentist, osteopath, chiropractor, podiatrist, nurse, – Behavioral Health Professional, Psychologist, counselor – Social worker, – School personnel – Domestic violence victim advocate

A. R. S. § 13 -3620 Who do I report to? The statute states: “reports are to be made to a peace officer or to child protective services… except if the report concerns a person who does not have care, custody, or control of the minor, the report shall be made to a peace officer only. ”

A. R. S. § 13 -3620 Immunity for Reporters • Any person who reports in good faith • All reporters are “immune from any civil or criminal liability” for reporting; unless… – Reporter is charged with or is suspected of committing the abuse – Reporter has acted with malice

A. R. S. § 13 -3620 Could I be punished for not reporting suspected abuse? • A mandated reporter who does not report a “reportable offense” can be charged with a Class 6 Felony • A mandated reporter who does not report another type of abuse can be charged with a Class 1 Misdemeanor

A. R. S. § 13 -3620 Maximum Penalties for Failing to Report • Class 6 Felony – 2 years in prison – $150, 000 fine plus 80% surcharge • Class 1 Misdemeanor – 6 months in jail – $2, 500 fine plus 80% surcharge

MARICOPA COUNTY

Maricopa County Protocol • Prior to the Protocol, children were being re-victimized during the investigative process • Developed Interagency Council (IAC) • IAC developed Protocol to improve the handling of crimes against children

Why follow the Protocol? Research has shown that when Multidisciplinary Protocols are followed arrest and prosecution rates INCREASE and trauma to the child DECREASES.

You are important to us! • Mandated reporters are the eyes and ears of law enforcement and CPS. • Mandated reporters have extensive contact with children on a daily basis. • Mandated reporters are often the first persons to whom children disclose abuse because of their relationship with the child. • Mandated reporters are often the first to suspect abuse because they recognize behavioral changes in the children.

MANDATED REPORTER PROTOCOL Suspected child abuse can be made known to a mandated reporter by three different means: 1. A child self discloses abuse to mandated reporter 2. Observation of injury/ unusual behavior 3. Third party report of abuse

If you encounter… An unexplained injury/ unusual behavior on the child OR A child self discloses abuse

You will need to gather basic information from the child… • If possible, find a quiet private place to talk with the child - One on one conversation • Do not make promises to the child – Reassure the child that you will do whatever is necessary to keep them safe • Be supportive – not judgmental • Listen – do not make assumptions • Document exact quotes provided by the child

If the following has not already been volunteered… Ask the child ONLY these four questions: 1. What happened? 2. Who did this to you? 3. Where were you when this happened? 4. When did this happen?

Third Party Report of Abuse • If a third party informs a mandated reporter that a child may be the victim of abuse or neglect, the third party should be encouraged to make a report. • However, it will still be the mandated reporter’s responsibility to make a report to law enforcement and /or the CPS Hotline.

DO NOT notify the parent/ caretaker that you have contacted Police/ CPS • Mandated reporters shall maintain confidentiality of all information regarding the abuse report. • Refer all inquiries to Police or CPS. It is the duty of Police and CPS, not the mandated reporter, to notify parents of the investigation. • Premature and/or inappropriate notifications can hinder investigations and potentially create precarious situations.

To Report Suspected Child Abuse • Call CPS at: – 1 -888 -SOS-CHILD (1 -888 -767 -2445) – The written report must be sent to CPS within 72 hours. – Mail to: CPS, P. O. Box 44240, Phoenix, AZ 85064 -4240 – Fax to: (602) 530 -1832 (602) 530 -1833 • Call Law Enforcement – Local LE Non-Emergency Line – 911

The Protocol Recommends… That the reporter call BOTH law enforcement and CPS, when the alleged perpetrator has care, custody, or control of the minor.

If you have any doubt… CALL BOTH LAW ENFORCEMENT AND CHILD PROTECTIVE SERVICES

When reporting to CPS: 1. Document the name of the Hotline Specialist 2. If the information meets Report Criteria, document the name of the Field Supervisor that the report will be sent to 3. Follow up with your written report to the identified Field Supervisor 4. If he/she arrives at your site, document the name of the case worker

When Reporting to Law Enforcement: 1. Document the name of Dispatch you spoke to 2. Ask if and when a patrol officer is expected to respond 3. Document the name and serial number of the patrol officer upon arrival 4. Document the DR number assigned to the case

REMEMBER… Information that triggers your mandate to report may or may not meet CPS or Police criteria for an actual report/ action to be taken

Records Release to LE/ CPS • Per A. R. S. § 13 -3620 (C), Child records from this incident must be released to law enforcement and/or CPS upon their written request and signature on a release form • The parent/ guardian does not have to give permission for this release • The release of records should also be expeditious as police and CPS will need the records for their investigations

WHAT TO REPORT VARIOUS TYPES OF ABUSE

Four Domains of Abuse 1. 2. 3. 4. Sexual Abuse Physical Abuse Neglect Emotional Abuse

Sexual Abuse Any sexual act between an adult and a child, this also includes sexual acts between children. Sexual acts include: • Fondling, penetration, intercourse, exploitation, pornography, exhibitionism, child prostitution, group sex, oral sex, or forced observation of sexual acts

Physical Abuse Any non-accidental injury to a child. Non-accidental injuries include: • Hitting, kicking, slapping, shaking, burning, pinching, hair pulling, biting, choking, throwing, shoving, whipping, and paddling

Neglect Failure to provide for a child’s physical needs. This includes: • Lack of supervision, inappropriate housing or shelter, inadequate provision of food, inappropriate clothing, abandonment, denial of medical care

Emotional Abuse Any attitude or behavior which interferes with a child’s mental health or social development. This includes: • Yelling, screaming, name-calling, shaming, negative comparisons to others, telling them they are “bad, no good, worthless” or “a mistake”

ADVOCACY CENTERS

ADVOCACY CENTERS Police Mental Health Dept Advocacy Center Doctors Nurses Advocacy Centers bring the different disciplines together during child abuse investigations Child Disciplines Include: Protective Services – Law Enforcement – Child Protective Services (CPS) – Forensic Pediatricians – Mental Health Professionals

Advocacy Centers in Maricopa County • • There are 5 Child Advocacy Centers in Maricopa County Centers Include: 1. Mesa Center Against Family Violence 2. Childhelp Children’s Center 3. Scottsdale Family Advocacy Center 4. West Valley Advocacy Center (Glendale) 5. Southwest Family Advocacy Center (Goodyear)

Advocacy Centers in Arizona There are 18 Advocacy Centers in the state of Arizona

Advocacy Centers in the United States There are over 500 Advocacy Centers in the United States

Working with Child Advocacy Centers • How are the forensic interviewers or medical personnel from the Centers contacted to interview/ examine a child? – Law Enforcement • Sexual and/or Physical Abuse – CPS • Physical Abuse • Forensic Interviewers/ Forensic Medical Personnel will not accept a case until there is LE/CPS involvement • Children throughout AZ can be seen at the 5 Centers

Just a few reminders… • “Reasonably believes” (low standard) • “Immediately report or cause reports to be made” • Confidentiality – Child/Family – Source • 3 rd Party Reports • Written Reports within 72 hours • DO NOTIFY THE PARENTS • Report ALL suspected abuse

Please locate & sign the enclosed form