System Responses to Child Maltreatment

1. System Responses to Child Maltreatment Lecture #4 Angela Mollette

2. Agenda • Discuss Ethical Guidelines in Child Welfare • Duty to report • Duty to warn • Duty to protect • Confidentiality • Discuss Parts of the Welfare System • Child Abuse Reporting Act • Adoption and Safe Families Act 1997 • Collaboration • Permanency Planning

3. American Professional Society on the Abuse of Children (APSAC): Ethics • Best interest of the child: Paramount • Dignity of the individual • Individual accountability • Least restrictive environment • Non-discrimination • Standards of conduct • Multiple relationships • Relationships with other professionals

4. Four Cardinal Values of the Social Work Profession • All human beings deserve access to resources • “All human beings have intrinsic worth and dignity” • Each individual is unique • With appropriate resources humans are capable of change and growth and should be supported by choices to solve their own problems.

5. Duty to Report (COMAR 5-704) • Reason to BELIEVE • Abuse has occurred: call LEA or CPS • Neglect has occurred: call CPS • Internal policies and procedures are counter productive to the best interest of the child. • Refer to the disciplinary board • ASAP make an oral report; written report no later than 48 hours after offense. • Networking: Get to know your local CPS screeners

6. Information Necessary for Duty to Report • Name, age, address of child • Name and address of parents • “Present” the whereabouts of the child • Nature and extent of abuse or neglect • Any other relevant information to cause concern

7. Role Play • Listen to the following scenario of Alyssa and a DSS intake officer. • Decide what should be done with the information provided if anything.

8. Duty to Warn • Tarasoff v. Regents of the University of California, 1976 • Thompson v. County of Alameda, 1980 • Bradely v. Ray, 1995 • Menendez v. Superior Court, 1992

9. Duty to Protect • Confidentiality is null and void if client threatens to harm themselves; based on a Risk Assessment: • Is there a clear plan? • Does the client have the means to carry through? • Are there dark drawings from children or teens? • Are the thoughts of suicide often and intrusive? • Is there a past history of suicide attempts?

10. Role Play • Given the following case scenario decide whether the issue for the therapist is Duty to Report, Duty to Warn, or Duty to Protect. • Which option did you choose and why?

11. Confidentiality of a Child • Dependent upon the age and maturity of the child • If child is young, parents have right to consent to release of information • Teenagers:

12. Limits to Confidentiality • Can discuss cases in supervision and peer supervision but inform clients first • Clients wave right to confidentiality the minute they file a malpractice suite • Know if your state allows for privileged communication • Privilege is for the client • A judge can override the privilege

13. Adoption and Safe Families Act 1997 • Child Safety • Expedited permanency planning • Quicker flow into adoption

14. “Reasonable Efforts” are Required for Reunification; However… • Not Required if: • Parent murdered or voluntarily man-slaughtered another child of their own • Present assault resulted in bodily injury • Prior TPR of a sibling • Abandonment, torture, chronic abuse or sexual abuse is the present charge

15. Concurrent Planning • Reunification and Adoption are both mapped out from the beginning • TPR if child has been in foster care for 15 out of 22 months • Hearing takes place every 12 months versus every 18 months

16. Monetary Incentives of Adoption • Children in Orphanages: No stipends • Children in Foster Care: • DSS provides a stipend to the foster parents of $560.00 dollars per month from birth-11 years; an increase of $25.00 since 1990. A child over the age of 11 receives a stipend of $575.00 a month. Upon adoption stipend drops to <$560.00 a month. • Child retains Medicaid in most cases depending on the families total income • Stipends are given until age 18 in most cases

17. Dignity of the Individual: Case Example Ray is 8 years old and is severely overweight. He weighs 110 pounds and is only 4 feet. The parents are referred to DSS for Neglect. Upon intake the parents are obese, have a strong body odor, and are wearing inappropriate clothing (e.g.., short sleeved shirts and shorts in 45 degree weather). How do you address the needs of this family with dignity?

18. Individual Accountability • Runaway Residential Teenager • Victimized Perpetrator • Acting Out Victim

19. Least Restrictive Environment • In home • Kinship care • Foster care • Adoption • Residential treatment center • Independent living • Incarceration

20. Standards of Conduct • Knowledge • Routine supervision, consultation, counsel • Evidence based practice • Adhering to Federal and State laws, State Ethics, and NASW Code of Ethics • Awareness of biases, values, and stress • Confidentiality and Privacy

21. Multiple Relationships • Clarity of Boundaries is PARAMOUNT! • Professional relationship vs. Personal relationship • Therapist vs. Investigator • Assessor vs. Healer

22. Relationship With Other Professionals • Inter-disciplinary Team • Efficient use of limited agency resources • Creates respect and appreciation for other professionals • True “wrap around” services • Avoids omissions or duplications of services • Detect potential ethical or policy violations • Diversity of the team is both a strength and a source of conflict