Working Together to Protect Children

1. Working Together to Protect Children November - 2016

2. Today's Program • State Law • Local Statistics • Making a CPS referral and reporting requirements • Definitions of Abuse and Neglect • Indicators of Abuse and Neglect • Preventative Measures • CPS Services

3. Texas Law (Texas Family Code) • Sec. 261.101. REQUIRED TO REPORT; TIME TO REPORT.   • 48 Hours to make a report if abuse neglect suspected • Sec. 261.109.  FAILURE TO REPORT; Criminal Penalty • Sec. 261.107.  FALSE REPORT; Civil / Criminal Penalty • Sec. 261.106.  IMMUNITIES; Good Faith Reporting Civil / Criminal immunities • Sec. 261.110.  EMPLOYER RETALIATION PROHIBITED; for reporting abuse/neglect

4. Texas Family Code • Sec. 261.302. CONDUCT OF INVESTIGATION. (a) The investigation may include: • (1) a visit to the child's home, unless the alleged abuse or neglect can be confirmed or clearly ruled out without a home visit; and • (2) an interview with and examination of the subject child, which may include a medical, psychological, or psychiatric examination. • (b) The interview with and examination of the child may: • (1) be conducted at any reasonable time and place, including the child's home or the child's school; • (2) include the presence of persons the department determines are necessary; and • (3) include transporting the child for purposes relating to the interview or investigation.

5. Texas Family Code Cont • b-1) Before the department may transport a child as provided by Subsection (b)(3), the department shall attempt to notify the parent or other person having custody of the child of the transport. • (c) The investigation may include an interview with the child's parents and an interview with and medical, psychological, or psychiatric examination of any child in the home. • (d) If, before an investigation is completed, the investigating agency believes that the immediate removal of a child from the child's home is necessary to protect the child from further abuse or neglect, the investigating agency shall file a petition or take other action under Chapter 262 to provide for the temporary care and protection of the child. • (e) An interview with a child in which the allegations of the current investigation are discussed and that is conducted by the department during the investigation stage shall be audiotaped or videotaped unless: • (1) the recording equipment malfunctions and the malfunction is not the result of a failure to maintain the equipment or bring adequate supplies for the equipment; • (2) the child is unwilling to allow the interview to be recorded after the department makes a reasonable effort consistent with the child's age and development and the circumstances of the case to convince the child to allow the recording; or • (3) due to circumstances that could not have been reasonably foreseen or prevented by the department, the department does not have the necessary recording equipment because the department employee conducting the interview does not ordinarily conduct interviews. • (e-1) An interview with a child alleged to be a victim of physical abuse or sexual abuse conducted by an investigating agency other than the department shall be audiotaped or videotaped unless the investigating agency determines that good cause exists for not audiotaping or videotaping the interview in accordance with rules of the agency. Good cause may include, but is not limited to, such considerations as the age of the child and the nature and seriousness of the allegations under investigation. Nothing in this subsection shall be construed as prohibiting the investigating agency from audiotaping or videotaping an interview of a child on any case for which such audiotaping or videotaping is not required under this subsection. The fact that the investigating agency failed to audiotape or videotape an interview is admissible at the trial of the offense that is the subject of the interview. • (f) A person commits an offense if the person is notified of the time of the transport of a child by the department and the location from which the transport is initiated and the person is present at the location when the transport is initiated and attempts to interfere with the department's investigation. An offense under this subsection is a Class B misdemeanor. It is an exception to the application of this subsection that the department requested the person to be present at the site of the transport.

6. Texas Family Code • Sec. 261.111. REFUSAL OF PSYCHIATRIC OR PSYCHOLOGICAL TREATMENT OF CHILD. • (a) In this section, "psychotropic medication" has the meaning assigned by Section 266.001. • (b) The refusal of a parent, guardian, or managing or possessory conservator of a child to administer or consent to the administration of a psychotropic medication to the child, or to consent to any other psychiatric or psychological treatment of the child, does not by itself constitute neglect of the child unless the refusal to consent: • (1) presents a substantial risk of death, disfigurement, or bodily injury to the child; or • (2) has resulted in an observable and material impairment to the growth, development, or functioning of the child.

7. Texas Family Code • Sec. 261.303. INTERFERENCE WITH INVESTIGATION; COURT ORDER. (a) A person may not interfere with an investigation of a report of child abuse or neglect conducted by the department. • (b) If admission to the home, school, or any place where the child may be cannot be obtained, then for good cause shown the court having family law jurisdiction shall order the parent, the person responsible for the care of the children, or the person in charge of any place where the child may be to allow entrance for the interview, examination, and investigation. • (c) If a parent or person responsible for the child's care does not consent to release of the child's prior medical, psychological, or psychiatric records or to a medical, psychological, or psychiatric examination of the child that is requested by the department, the court having family law jurisdiction shall, for good cause shown, order the records to be released or the examination to be made at the times and places designated by the court. • (d) A person, including a medical facility, that makes a report under Subchapter B shall release to the department, as part of the required report under Section 261.103, records that directly relate to the suspected abuse or neglect without requiring parental consent or a court order. If a child is transferred from a reporting medical facility to another medical facility to treat the injury or condition that formed the basis for the original report, the transferee medical facility shall, at the department's request, release to the department records relating to the injury or condition without requiring parental consent or a court order. • (e) A person, including a utility company, that has confidential locating or identifying information regarding a family that is the subject of an investigation under this chapter shall release that information to the department on request. The release of information to the department as required by this subsection by a person, including a utility company, is not subject to Section 552.352, Government Code, or any other law providing liability for the release of confidential information.

8. Texas Family Code • Sec. 261.316. EXEMPTION FROM FEES FOR MEDICAL RECORDS. The department is exempt from the payment of a fee otherwise required or authorized by law to obtain a medical record from a hospital or health care provider if the request for a record is made in the course of an investigation by the department.

9. The Report • Reporting suspected abuse/neglect • Call State Wide Intake @ 1-800-252-5400 • E- Report @ www.txabusehotline.org • List of details • Name • Age • Location/contact information • Suspected abuse/neglect ALWAYS CALL 911 IN CASE OF EMERGENCY

10. FY 2015 Most Common… • Person reporting abuse/neglect • School Professional (19.5%) • Medical Professional (17.5%) • Law Enforcement (16.0%) • Allegation confirmed • Neglectful Supervision (69.0%) • Confirmed perpetrator of abuse/neglect • Relationship: Parent (79%) • Gender: Female (56%) • Age: Age 26-35 (42%) • Characteristic of confirmed victim • Age: Age 1 to 3 (22%) • Gender: Female (51%) Source – DFPS 2014/2015 Data Books

11. CPS Divisions • Investigations • Alternative Response • Family Based Safety Services • Conservatorship

12. What does CPS Investigate 1- Physical Abuse 2- Sexual Abuse 3- Emotional Abuse 4- Physical Neglect 5- Medical Neglect 6- Neglectful Supervision 7- Abandonment 8- Refusal Parents Responsibility 9- Sex Trafficking 10- Labor Trafficking

13. Investigation Initiation Time Frames CPS Investigation Report Priorities • Priority 1: 24 hour contact • Priority 2: 72 hour contact Priority I Reports: include all reports of children who appear to face an immediate risk of abuse or neglect that could result in death or serious harm. Investigations of these reports must start within 24 hours of receiving the call report. Priority II Reports:include all reports of abuse or neglect that are not assigned as Priority I. These investigations must start within 72 hours of receiving the report. Some reports do not meet the legal definition of abuse or neglect, as defined in the Texas Family Code, and are not assigned a priority or investigated.

14. CPS Investigations • CPS conducts a civil investigation not criminal (preponderance of the evidence) • Law requires a joint investigation with Law Enforcement in certain situations • All reports must be referred to the appropriate law enforcement agency for possible criminal prosecution. • During the 78th Regular Session, the Texas Legislature passed Senate Bill 669, requiring law enforcement to accompany CPS caseworkers when responding to Priority 1 reports of abuse/neglect that involve children who appear to face immediate risk of physical or sexual abuse.

15. CPS Terms • Reason to believe: Abuse or neglect occurred based on a preponderance of the evidence. This means when all evidence is weighed, it is more likely than not that abuse or neglect occurred.   • Ruled out: Staff determines that it is reasonable to conclude that the abuse or neglect has not occurred based on the information that is available. • Unable to Complete: The investigation cannot be concluded. This is usually because the family could not be located to begin the investigation or the family was contacted but later moved and could not be located to complete the investigation or the family refused to cooperate with the investigation. CPS policy outlines several actions that the caseworker must complete to make this disposition. • Unable to determine: CPS concludes that none of the dispositions above is appropriate.   • Administrative closure: CPS intervention is unwarranted based on information that comes to light after the case is assigned for investigation.

16. What Happens in an Investigation • Child interviewed • LE or Medical Staff contacted as needed • Parents and collaterals interviewed • Investigation conclusion • Ruled out • Opened for FBSS Services • Court ordered removal – case to CVS • Reunification • Termination • PMC

17. Investigation Contacts • CPS Investigator will: • Contact the: • Reporter (person making the report) • Parents / Guardians • Collateral Witness • Medical Staff • Teacher/School Staff • Law Enforcement • Children's Advocacy Center

18. Investigation Do’s • Believe in the child (Outcry Statement) • Call 911 in case of immediate harm, emergency or medical need • Make an intake call to SWI 1-800-252-5400 or www.txabusehotline.org • Follow up with SWI or caseworker if additional information becomes available

19. Investigation Don'ts • Don't conduct your own investigation • Don’t confront the parents/caregivers • Don’t assume someone else will report • Don’t call asking for a case update • We can only give case info to the parents • You will get a letter confirming report made • You will get a case closure letter

20. Physical Abuse Commission: • Physical injury that results in substantial harm to the child, or the genuine threat of substantial harm from physical injury to the child, including an injury that is at variance with the history or explanation given and excluding accident or reasonable discipline by a caregiver that does not expose the child to substantial harm. Omission: • Failure to make reasonable effort to prevent an action by another person that results in physical injury that results in substantial harm to the child.

21. Physical Abuse Controlled Substance: • Current use by a person or a controlled substance in a manner or to the extent that the use results in physical, mental, or emotional injury to a child. • Causing, expressly permitting or encouraging a child to use a controlled substance.

22. Common Bruised Sites

23. Uncommon Bruised Sites

24. Indicators of Physical Abuse • Dislocations of shoulder or hip sockets possibly caused by pulling • Evidence of repeated injuries – bruises – cuts- scrapes • Internal injuries • Reluctance to sit down • Wearing long sleeves, in hot weather

25. Indicators of Physical Abuse Fractures: • Skull, jaw or nose fractures • Spiral fractures of the long arm or leg bones • Multiple fractures • Fractures in various stages of healing • Any fracture in a child under two Head Injuries: • Absence of hair in patches due to pulling • Subdural hematomas as revealed by a CT scan

26. Indicators of Physical Abuse Lacerations, Abrasions: • To mouth, lip, gums, eyes, ears, hands, fingers • To external genitalia • Human bite marks anywhere • Dislocations of shoulder or hip sockets possibly caused by pulling • Evidence of repeated injuries – burses – cuts- scrapes • Internal injuries • Reluctance to sit down • Wearing long sleeves, in hot weather

27. Indicators of Physical Abuse Bruises or welts: • On face, lips, mouth or large areas of the body such as back, buttocks or thighs • In various stages of healing • In unusual patterns, clustered or reflective of the instrument used Burns: • Cigar or cigarette burns • Glove or sock-like burns or doughnut shaped burns on buttocks and/or genitalia indicative of immersion in hot liquid • Rope burns on arms, legs, neck or torso • Patterned burns that show the shape of the item used

28. Children Most Likely to be Abused • Children with special needs (physical handicap or mentally challenged) • Premature infants (due to lack of parent/child bonding because of hospital stay following birth) • Unwanted children, step-children • Children with emotional problems • Children who are not verbal

29. Sexual Abuse • Sexual conduct harmful to a child’s mental, emotional, or physical welfare, including conduct that constitutes the offense of indecency with a child under Section 21.11, Penal Code, sexual assault under Section 22.011, Penal Code, or aggravated sexual assault under Section 22.021, Penal Code. • Failure to make a reasonable effort to prevent sexual conduct harmful to a child. • Compelling or encouraging the child to engage in sexual conduct as defined by Section 43.01, Penal Code. • Causing, permitting, encouraging, engaging in, or allowing the photographing, filming, or depicting of the child if the person knew or should have known that the resulting photograph, film, or depiction of the child is obscene as defined by Section 43.21, Penal Code, or pornographic.

30. Indicators of Sexual Abuse • Poor personal hygiene • Sudden weight gain or extreme weight loss • Trauma to the breasts, buttocks, lower abdomen, thighs, genitals or rectal area • Has torn, stained or bloody underclothing • Has semen around mouth, genitalia or on clothing • Has difficulty or pain upon sitting down or walking • Pain when going to the bathroom

31. Indicators of Sexual Abuse • A sexually transmitted disease • Recurrent vaginal infections in a child under 12 • Symptoms of soreness, bleeding or discharge from the vaginal area • Severe psychosomatic symptoms • Emotional disturbances • Difficulty with bowel and bladder control • Delayed onset of menstruation or other menstrual difficulties • Frequent headaches, stomach aches, apparent over-exaggeration of minor illnesses • Pregnancy, especially in early teen years

32. Emotional Abuse • Mental or emotional injury to a child that results in an observable and material impairment in the child’s growth, development, or psychological functioning. • Causing or permitting the child to be in a situation in which the child sustains a mental or emotional injury that results in an observable and material impairment in the child’s growth, development, or psychological functioning.

33. Emotional Maltreatment Indicators • Facial expression and body carriage may reveal feelings of sadness, lack of confidence, timidity, confusion, discouragement, and anger • Psychosomatic complaints • Failure to thrive with no organic cause • Child may not look sick

34. Types of Neglect Neglectful Supervision The act (commission or omission) by a person, placing a child in or failing to remove a child from a situation that a reasonable person would realize requires judgment or actions beyond the child’s level of maturity, physical condition, or mental abilities and that results in bodily injury or a substantial risk or immediate harm to the child. The act (commission or omission) by a person placing a child in or failing to remove the child from a situation in which the child would be exposed to a substantial risk of sexual conduct harmful to the child.

35. Types of Neglect Physical Neglect The act (commission or omission) by a person who fails to provide a child with food, clothing, or shelter necessary to sustain life or health of the child, excluding a failure caused primarily by financial inability unless relief services had been offered and refused.

36. Types of Neglect Refusing to Accept Parental Responsibility The failure by the person responsible for a child’s care, custody, or welfare to permit the child to return to the child’s home without arranging for the necessary care for the child after the child has been absent from the home for any reason, including having been in residential placement or having run away.

37. Types of Neglect Abandonment Leaving a child in a situation where the child would be exposed to substantial risk of physical or mental harm without arranging for necessary care for the child and the demonstration of intent not to return by a caregiver.

38. Types of Neglect Medical Neglect The act (commission or omission) by a person, failing to seek, obtain, or follow through with medical care for a child, with the failure in or presenting a substantial risk of death, disfigurement, or bodily injury with failure resulting in observable impairment to the growth, development, or functioning of the child.

39. Indicators of Neglect • Malnourished • Tired, lethargic • Unattended for long periods of time • Dirty bottles, old formula • Developmental delays • Pale, pasty appearance and lack of muscle tone • Odors, body and hair dirty

40. Indicators of Neglect Cont. • Lack of medical care • Excessive absences/tardiness at school • Untreated cuts, sores or illnesses • Failure to thrive • Dehydration • Poor dental care • Lice infested, skin shows signs of impetigo or other infections

41. Labor Trafficking Labor trafficking is characterized as: • knowingly causing, permitting, encouraging, engaging in, or allowing a child to be trafficked in a manner punishable as an offense under §20A.02 (a)(5) or (6), Penal Code, or the failure to make a reasonable effort to prevent a child from being trafficked in a manner punishable as an offense under any of these sections. Texas Family Code §261.001(1)(L) According to the Penal Code: • (a) A person commits an offense if the person knowingly: • (5) traffics a child with the intent that the trafficked child engage in forced labor or services; or • (6) receives a benefit from participating in a venture that involves an activity described by Subdivision (5), including by receiving labor or services the person knows are forced labor or services. Penal Code §20A.02(a)(5) and (6) • “Forced labor or services” means labor or services, other than labor or services that constitute sexual conduct, that are performed or provided by another person, and obtained through an actor’s use of force, fraud, or coercion. Penal Code §20A.01(2)

42. Labor Trafficking Labor trafficking does not include normal contributions to family and community life in light of prevailing community standards, such as: • performing chores inside and outside of the home; • being required to work in the family business without pay; • working in agriculture or farming as part of the family’s business or means of earning a living; or • other forms of labor or services specified under Labor Code §51.003 Per Texas Family Code §151.001(5), a parent of a child has the right to “the services and earnings of the child.” CPS recognizes a parent’s reasonable requirements for a child to perform chores or work, and to determine appropriate recompense to the child for the services; this does not constitute forced labor or services. Work or services provided in these situations should be appropriate to the child’s age and not result in substantial harm from physical injury or genuine threat of substantial harm from physical injury.

43. Alleged Perpetrators of Labor Trafficking A person may be designated an alleged perpetrator of labor trafficking when the person is traditionally responsible for a child’s care, custody, or welfare. This includes: • a parent, guardian, or managing or possessory conservator of the child; • a member of the child’s family or the child’s family’s household; • a person with whom the child’s parent cohabits; or • school personnel or volunteers at the child’s school. A “member of the child’s family or the child’s family’s household” includes the following individuals: • a parent or relative; • an unrelated person who is legally responsible for the child; • an unrelated person, who is not legally responsible for the child, with whom a parent or legally responsible person or entity, such as CPS or a court, placed the child; or • an unrelated person who is at least 10 years old and resides elsewhere or whose place of residence cannot be determined, and either has regular free access to the household or when in the household dwelling takes care of or assumes responsibility for children in the household. (See 40 TAC Section 700.501(7)

44. Sex Trafficking Sex trafficking is characterized as: Compelling or encouraging the child to engage in sexual conduct as defined by Section 43.01, Penal Code, including conduct that constitutes an offense of trafficking of persons under Section 20A.02(a)(7) or (8), Penal Code, prostitution or compelling prostitution, and Knowingly causing, permitting, encouraging, engaging in, or allowing a child to be trafficked in a manner punishable as an offense under §20A.02(a)(7) or (8), Penal Code, or the failure to make a reasonable effort to prevent a child from being trafficked in a manner punishable as an offense under any of these sections. Texas Family Code §261.001(1) (G) and (L)

45. Sex Trafficking • According to the Texas Penal Code: • (a) A person commits an offense if the person knowingly: • (7) Traffics a child and by any means causes the trafficked child to engage in, or become the victim of, conduct prohibited by: • Section 21.02 Continuous Sexual Abuse of Young Child or Children • Section 21.11 Indecency with a Child • Section 22.011 Sexual Assault • Section 22.021 Aggravated Sexual Assault • Section 43.02 Prostitution • Section 43.03 Promotion of Prostitution • Section 43.04 Aggravated Promotion of Prostitution • Section 43.05 Compelling Prostitution • Section 43.25 Sexual Performance by a Child • Section 43.251 Employment Harmful to Children [sexually oriented commercial activity] • Section 43.26 Possession or Promotion of Child Pornography; or (8) Receives a benefit from participating in a venture that involves an activity described by subdivision (7) or engages in sexual conduct with a child trafficked in the manner described in subdivision (7).

46. Sex Trafficking Sex trafficking does not require force, fraud, or coercion and can be determined to have occurred even if it appears that the child is in agreement with the conduct or the child does not consider herself or himself to be a victim of sex trafficking. SWI assesses an intake for CPS with an allegation of sex trafficking under the Texas Family Code when any component of (1) or (2) apply: (1)  The actions of a parent or other person traditionally responsible for a child meet the core elements of sex trafficking when he or she:   •  knowingly provides the child to others, obtains the child for oneself, or allows the child to engage in or become the victim of any of the offenses listed in Penal Code 20A   •  maintains control over the child and makes the child believe that he or she has no other choice but to continue engaging in the offenses listed in Penal Code Subsection 20A , resulting in a pervasive loss of freedom for the child; or   •  receives a monetary or nonmonetary benefit as a result of the child participating in any of the offenses listed in Penal Code Subsection 20A.02 Benefits can include but are not limited to: sexual services, currency, drugs, etc. (2)  A parent or other person traditionally responsible for a child fails to make a reasonable effort to prevent a child from being sex trafficked as described above.

47. A/N Preventative Measures • Do not abuse alcohol or drink excessively • Do not abuse your spouse or partner or act violently or aggressively • Learn ways to manage parental frustration • Refrain from screaming, name calling, cussing or displaying other means of emotional maltreatment • Teach your child about personal boundaries regarding their bodies, privacy around the home, proper terms for body parts, and what to do if they are touched • Develop a support system (including family, friends, community resources) • Be involved with your child

48. A/N Preventative Measures • Supervise your child appropriately (depending on age, maturity level, developmental level) • Use non-physical means of discipline (timeout, taking away privileges, extra chores, be consistent) • Have a regular routine/structure for your child • Take your child to the doctor for annual checkups and as needed for illnesses/emergencies • Refrain from using illegal drugs, especially during pregnancy • Take prescription medication as directed • Practice safety around the home

49. Adult Indicators • Substance abuse (both legal and illegal) • Young parents • Stress in family • Domestic violence • Lack of parenting skills • Lack of impulse control/low frustration level • Difficulty controlling anger • Lack of social/emotional support • Unrealistic expectations • Marital, financial trouble • Little concern for child’s problems • Abused as a child • Mental health disorder • Having a criminal history

50. Child Abuse Hotline 24 hour Abuse Reporting Hotline 1-800-252-5400 www.txabusehotline.org