Child Abuse and Neglect-Awareness and Reporting Responsibilities

According to the National Clearinghouse on Child Abuse and Neglect (2003), in 2000, three million referrals concerning the welfare of approximately five million children were made to CPS agencies throughout the United States. Of these, approximately two-thirds (62%) were screened in; one-third (38%) were screened out. Screened-in referrals alleging that a child was being abused or neglected received investigations or assessments to determine whether the allegations of maltreatment could be substantiated. Some of the screened-out reports were referred to the attention of other service agencies. Professionals, including professionals, law enforcement officers, social services workers, and physicians, made more than half (56%) of the screened-in reports. Others, including family members, neighbors, and other members of the community, made the remaining 44 percent of screened-in referrals.

Almost one-third of investigations or assessments (32%) resulted in a finding that the child was maltreated or at risk of maltreatment. The remaining investigations resulted in a finding that the maltreatment did not occur, the child was not at risk of maltreatment, or there was insufficient information to make a determination.

Several terms are used in laws governing child abuse and neglect. They include:

An Abused Child is usually defined in the law as someone under the age of 18 whose parent, legal guardian or person legally responsible for the child’s care, inflicts or allows to be inflicted upon the child:

• physical injury by other than accidental means
• a substantial risk of physical harm or injury that is created or allowed to be created which could result in serious injury or death
• disfigurement
• prolonged impairment of emotional or physical health

or commits or allows to be committed :

• sex offenses against the child including incest, prostitution, or obscene sexual conduct
• allowing the child to engage in sexual performance

A Maltreated or Neglected Child is usually defined in the law as someone under the age of 18 whom:

• has had serious physical injury inflicted upon him/her or
• has been impaired physically, mentally or emotionally or is in imminent danger of becoming impaired as a result of the failure of his/her parent or other person legally responsible for his/her care to exercise a minimum degree of care in supplying the child with
• adequate food
• adequate clothing
• adequate shelter
• adequate and required educational opportunities and exposure
• adequate medical care when required
• adequate dental care when required
• adequate optometric care when required
• adequate surgical care when required

These conditions apply when the parents or guardians are financially able or are offered assistance to seek assistance from professionals.

Further indications of maltreatment or neglect are present when the parents or guardians:

• Do not providing the child with proper supervision or guardianship
• Unreasonably inflict or allow being inflicted harm, or a substantial risk, including the infliction of excessive corporal punishment
• Misuse drugs or alcohol
• Misuse alcoholic beverages to the extent that he/she loses self control of his/her actions
• Have abandoned the child

You may want to keep in mind that the terms maltreated and neglected are often interchangeable although some interpretations of the laws list them separately.

Mandated Reporters

All states have specific laws governing the identification and reporting of suspected child abuse. Most states now mandate professionals and other education and health professionals to take a course on child abuse and neglect in order to receive or renew their licenses. As a special education professional you are considered one of the mandated reporters. A mandated reporter is anyone coming in contact with children on a professional basis that may suspect possible abuse or neglect and is therefore required by law to report the case. Other mandated reporters include psychologists, psychiatrists, nurses, doctors, professionals, and principals. Reporting possible abuse or neglect need only be suspected prior to making a report. Any person required to report a case of suspected abuse or neglect who willfully fails to do so may be guilty of a misdemeanor and possible civil penalties.

B – Procedures to Follow if You Suspect Abuse or Neglect

Remember you only need to suspect abuse or neglect to report the case. If you suspect possible abuse or neglect follow the following steps:

1. Gather all the information you can about the suspected incident or incidents and write it up in factual and behavioral terminology (this means no opinions, interpretations, assumptions or guesses, just factual observations or information i.e. The child said…. I directly observed… There were black and blue marks on his/her legs.)
2. Notify your direct administrator (usually a building principal) of the information you have that caused you to suspect abuse or neglect. Here again verbalize only facts. At this point the administrator will usually call the Child Abuse Hotline or assign someone to call. If you are assigned to call keep the following in mind:

   Make sure you call the mandated reporters hotline. Many states have two lines, one for the public to report cases and one for mandated reporters. The numbers can be found in the phone book or by calling 800-555-1212 and asking for the State Child Abuse and Neglect Hotline for Mandated Reporters since most of these hotlines are 800 numbers.

• Once you have a counselor on the phone immediately ask for his/her name and note the time and date of your call.
• Inform the counselor that you believe you have a suspected case of abuse or neglect. He/she will ask you some basic questions for their records and then ask you what evidence you have to suspect that something has taken place.
• Again, report only facts and direct observations. At this point the counselor may indicate that it is either reportable or not a reportable case.
• If the case is reportable, the counselor will ask you more questions so be prepared with the following information:
• the child’s full name
• the address of the child
• the child’s birth date
• the parent’s/guardian’s first and last names (if different)
• the child’s telephone number
• the parent’s/guardian’s work number if known
• other siblings in the house and their ages
• the grade of the child
• the school and school district of the child
• number and nature of any previous reports
3. After he/she gathers all the information they may assign a case number so be prepared to jot this down. They will inform you that they will be passing the case on to a local case worker who will be in touch with the school.
4. Ask the counselor if he/she feels that the child can go home or if the school should retain him/her until the case worker appears. The school has this right if the child’s health or safety will be compromised in any way by returning home after school. Many times the case worker will come immediately if it is deemed a serious case and will speak with the child before the end of the school day. A home visit is usually made within 24 hours or less if the case is considered serious.
5. The school nurse under the direction of the building administrator may photograph any obvious marks or contusions for evidence.
6. Once the case is reported you will probable receive a Report of Suspected Child Abuse or Maltreatment form from the Department of Social Services. The school must fill this out and return it within 24 hours. Here again, the person who made the original contact with the state counselor may be the one who fills out the form. An example of this type of form appears at the end of this chapter. Keep in mind that this is a legal requirement.
7. In some instances, the counselor may indicate that a case does not sound reportable as abuse or neglect. They may indicate that it does represent poor judgment on the part of parents but does not constitute abuse or neglect. At this point you can ask why and ask their advice for the next step. However, if it is not reportable, write your administrator a letter indicating the time, date and the name of the counselor to which you spoke, and the reasons why the case was not accepted as reportable. Your legal responsibilities are now covered. However , your moral responsibilities have just begun.
8. If the administrator listens to the facts and does not see it as a reportable case, you should ask the reasons why and suggest that the case be presented to the Child Abuse counselor for their input. However, if the administrator continues to indicate that he/she does not feel it needs to go any further inform him/her that as a mandated reporter you feel a responsibility to call the Child Abuse Hotline and ask the counselor on call if he/she feels it is a reportable case. If an administrator does not want to report a case and you go along , and it is later determined that abuse or neglect was taking place, you may find yourself in very serious trouble. It is not acceptable to use the excuse “I told my administrator”. Remember you are a mandated reporter and directly responsible for actions taken or not taken.

C – Clinical and Behavioral Clues to Possible Abuse

Since special education professionals are mandated reporters you should be aware of clinical and behavioral clues to possible abuse.

Physical Abuse

Some Possible Behavioral Signs of Physical Abuse

1. Fear or resistance to going home
2. Past history of self injurious behavior
3. Extreme neurotic conditions i.e. obsessions, compulsions. phobias
4. Constantly wears clothing that is inappropriate for the season i.e. long pants, skirts, sleeves in the summertime to possibly cover up bruises.
5. Extreme mood changes and periods of aggressive behavior
6. Child seems apprehensive or afraid of adults
7. Child flinches or reacts defensively to adult gestures or behavior which is not considered dangerous
8. Communicates that he/she is constantly falling or hitting into things as an excuse for their bruises

Some Possible Physical Signs of Physical Abuse

1. Unexplained marks, welts, bites or bruises on the body
2. Unexplained burns
3. Unexplained injuries to the head area
4. Unexplained burn marks

Sexual Abuse

Some Possible Behavioral Signs of Sexual Abuse

1. Acts in an infantile manner and exhibits frequent withdrawal and fantasy
2. Has difficulties maintaining peer relationships
3. Engages in sexual activities with other children
4. Exhibits frequent lateness’s or absences from school
5. Exhibits resistance to physical examinations
6. Has a history of running away
7. May have a history of self injurious behavior
8. Expresses sophisticated, bizarre or unusual knowledge of sexual acts or behavior and expresses these to other children or adults

Some Possible Physical Signs of Sexual Abuse

1. Expresses the presence or exhibits bruises in genital areas
2. Has difficulty walking or sitting for long periods of time because of pain
3. Exhibits bruises to the mouth area
4. Exhibits extreme pain, itching or discomfort in the genital area
5. Has a history of urinary tract infections
6. Has developed sexually transmitted diseases especially in the pre adolescent period

Neglect or Maltreatment

Some Possible Behavioral Signs of Neglect

• Frequently caught taking food from other children
• Arrives at school much earlier than the other children
• Seems to hesitate going home at the end of the day and is seen wandering the halls
• Exhibits constant fatigue
• Frequently falls asleep in class
• Develops habit disorders i.e. tics and other signs of tension
• Exhibits symptoms typical of conduct disorders i.e. antisocial behavior
• Frequently uses drugs or alcohol
• Develops clinging behavior patterns towards other adults

Some Possible Physical Signs of Neglect

1. Seems to have medical or physical conditions that go untreated
2. Severe lags in physical development as a result of malnutrition
3. Expresses consistent hunger
4. Comes to school exhibiting poor hygiene
5. Comes to school inappropriately dressed for the particular whether conditions
6. Mentions that he/she is left home alone a great deal
7. Exhibits chronic absences from school
8. Has a history of late nesses to school

Try to keep in mind that you should use common sense and proper judgment prior to reporting suspected abuse. Such reports are a serious matter. On the other hand, never hesitate if you suspect abuse believing that “such a family could never do such things.” Remember that as a mandated reporter you are really an advocate for children in cases of suspected abuse or neglect. Never assume that something is so obvious that someone must have called it in. It is always better to be safe than sorry.

From The Special Educator’s Survival Guide-Pierangelo (2004). Jossey Bass / San Francisco