Stearns County Human Services

Stearns County Human Services Mandated Child Maltreatment Reporting

Training Overview • Who is a mandated reporter and when and how to make a report • What happens after a report is made • Screening Criteria • New for 2012 : registered sex offenders • Investigation and Family Assessment

Who is a Mandated Reporter? Professional or professional’s delegate who practices in: • Healing Arts • Social Services • Hospital Administration • Psychological or Psychiatric Treatment • Child Care • Education • Law Enforcement • Clergy • Probation and Correctional Services

Mandated Reporters Must Report When: • You suspect maltreatment has occurred. • The abuse and/or neglect occurred within the last three years. • You know or have reason to believe that two or more children have been physically or sexually abused by a person not related to the child, within the preceding ten years. • Failure to report can be charged as a misdemeanor or gross misdemeanor. • The person with the knowledge must report.

How to make a report • Verbally report to Social Services County Agency where the children reside or Law Enforcement immediately, but no more than 24 hours. Contact Services Entry at 656-6000 for Stearns County children. AND • Make written report within 72 hours (a written report for Human Services staff is located on the linc under forms).

Reports Should Identify: • Reporter contact information (name, address, phone number, etc.) • Child’s name, age or date of birth and address. • Name, address and phone number of parents. • Name of person believed to be responsible for abuse or neglect. • Nature and extent of abuse or neglect, where it took place (Be as specific as possible). • Information child has shared (Use the child’s words).

Protection for Reporters • Name of reporter kept confidential except by Court Order. • Immune from civil or criminal liability if acting in good faith. • Retaliation by employer prohibited; employer would be liable for actual damages and a penalty up to $10,000. • Dismissal or demotion within 90 days of a report is presumed to be retaliatory.

On-line Resources for Reporters • DHS Child Protection Website: http://www.dhs.state.mn.us/main/idcplg?IdcService=GET_DYNAMIC_CONVERSION&RevisionSelectionMethod=LatestReleased&dDocName=id_000152 • DHS “Reporting Child Abuse and Neglect”: https://edocs.dhs.state.mn.us/lfserver/Legacy/DHS-2917-ENG • DHS “Interactive Information Guide to Mandate Reporting”: http://www.dhs.state.mn.us/media/flash/Training%20modules%20on%20guidelines%20for%20mandated%20reporting/public9.htm

What Happens After a Report is Made • Screening team reviews the report within 24 hours. • Screening team uses the Stearns County Child Maltreatment Screening Criteria to determine what is done with the report. The screening criteria is adopted from the Minnesota Child Maltreatment Screening Criteria. • The report is either accepted for an investigation, family assessment or is screened out.

Notice of Disposition Any person mandated to report shall receive a summary of the disposition of any report made by that reporter, including whether the case has been opened for child protection or other services, or if a referral has been made to a community organization, unless release would be detrimental to the best interest of the child. (See Attachment A)

Attachment A

Notice of Determination A mandated reporter will receive a letter at the completion of an assessment/investigation with a summary of the determination.

Screening Criteria • Stearns County Child Maltreatment Screening Criteria: http://www.co.stearns.mn.us/Portals/0/docs/Department%20Files/HumanServices/2012ChildMaltreatmentScreeningCriteria.pdf • Minnesota Statutes Section 625.556: https://www.revisor.mn.gov/statutes/?id=626.556

Physical Abuse What is Physical Abuse? • Any inflicted non-accidental physical injury, mental harm, or threatened injury, inflicted by a person responsible for the child’s care. • Certain actions done in anger or without due regard to the safety of the child. • Any physical or mental injury that can not be reasonably explained by the child’s history of injuries. • Or, unauthorized aversive or deprivation procedures. What is NOT Physical Abuse? • Reasonable and moderate physical discipline by a parent or guardian, which does not result in injury. • Reasonable restraint in schools. • Accidental injuries (However, unintentional injuries resulting from physical discipline are considered physical abuse).

Abuse That Results in Injury Physical Injury • Any inflicted non-accidental injury. • Physical injury includes but is not limited to: marks, bruises, abrasions, swelling, as well as burns, broken bones, and internal injuries Mental Injury • An inflicted injury to the psychological capacity or emotional stability of a child as evidenced by an observable and substantial impairment in the child’s ability to function within a range of performance and behavior with due regard to the child’s culture. • Usually diagnosed by a professional (less than 1% of accepted referrals).

Physical Abuse Defined as Risk Dangerous Actions Actions done in anger or without regard for safety include, but are not limited to: • Throwing, kicking a child • Striking a child with a closed fist • Shaking a child under age 3 • Striking a child underage 1 on face or head • Threatening a child with a weapon • Unreasonable interference with a child's breathing • Poisoning or chemical restraints • Unreasonable physical confinement or restraint

Physical Abuse Defined as Risk cont. Threatened Injury A statement, overt act, condition, or status that represents a substantial risk of physical or sexual abuse or mental injury. Includes, but not limited to: • Exposure to dangerous persons and dangerous situations • Threats of violence • Threats of sexual abuse (Also referenced in sexual abuse statutes) • Exposing a child to a person responsible for the child's care who: - Has had a past involuntary termination of parental rights, or has had an involuntary transfer of custody of a child. - Has subjected a child to, or failed to protect a child from, egregious harm.

Sexual Abuse • The subjection of a child by person responsible for the child’s care, by a person who has a significant relationship to the child or who is in a position of authority which constitutes a violation of Section 609.342 – 609.3451. • Violation of Section 609.321 – 609.325. • Sexual abuse also includes threatened sexual abuse: - 626.556, Subd 2(d): threatened sexual abuse also includes children who have a parent who is required to register as an offender or live with a household member who is required to register as an offender under 243.166, Subd 1b (a) or (b). -Someone or has sexually abused a child in the past.

Mental Injury An injury to the psychological capacity or emotional stability of a child as evidenced by an observable or substantial impairment in the child’s ability to function within a normal range of performance and behavior, with due regard to the child’s culture.

Neglect (Part 1) Failure to provide a child with the necessary food, clothing, shelter, medical care, education, supervision or child care when reasonably able to do so.

Neglect (Part 2) Failure by a person responsible for the child’s care to protect a child from actions or conditions which seriously endangers the child’s physical or mental health when reasonably able to do so, including a growth delay, which may be referred to as a failure to thrive that has been diagnosed by a physician and is due to parental neglect. (i.e. DWI, access to drugs and weapons.)

Neglect (Part 3) Failure to provide for necessary supervision or child care arrangements appropriate for a child after considering factors such as the child’s age, mental ability, physical condition, length of absence, or environment when the child is unable to care for the child’s own basic needs or safety or the basic needs or safety of another child in their care.

Neglect (Part 4) • Failure to take steps to ensure a child is educated in accordance with state law which does not include a parent’s refusal to provide the parent’s child with sympathomimetic medications. • Children between 7 and 16 years of age shall receive instruction. • If enrolled under the age of 7, compulsory attendance is required. • Children between 16 and 18 years of age must have a written election to withdraw signed by a parent and school official.

Neglect (Part 5 & 7) Medical Neglect: Medical neglect includes, but is not limited to, the withholding of medically indicated treatment from a disabled infant with a life threatening condition. This means: withholding appropriate nutrition, hydration, and medication which in the physician’s opinion will ameliorate or correct the condition.

Neglect (Part 6) Prenatal exposure to the a controlled substance, as defined in section 253B.02 Subd 2. that show habitual or excessive use of the substance by the mother during the pregnancy for a non-medical purpose, as evidenced by withdrawal symptoms in the child at birth, results of a toxicology test performed on the mother at delivery or the child at birth, medical effects or developmental delays during the child’s first year of life that medically indicate prenatal exposure to a controlled substance, or the presence of a fetal alcohol spectrum disorder. Substances or their derivatives per 253B.02: • Heroin: smack, horse, H • Opium: big O, black stuff, block; OxyContin (prescription) • Cocaine: coke, snow, lines, crack • Amphetamines: speed, crank, crystal; Adderall (prescription) • Methamphetamines: speed, crank, crystal • Phencyclidine: PCP, angel dust, dust • Tetrahydrocannabinol (THC, drug active in marijuana) • Alcohol

Neglect (Part 6) Continued… Reports required (Minn, Stat. 626.5561, Subd. 1) A person mandated to report SHALL immediately report to the local welfare agency if the person knows or has reason to believe that a woman is pregnant and has used a controlled substance for a non-medical purpose during pregnancy, including, but not limited to, Tetrahydrocannabinol (Marijuana), or has consumed alcoholic beverages during the pregnancy in any way that is habitual or excessive.

Neglect (Part 6) Continued… Reports required (Minn Stat. 626.5561, Subd. 1) A health care professional or a social service professional who is mandated to report under section 626.556, subdivision 3, is exempt from reporting a woman’s use or consumption of tetrahydrocannabinol (TCH) or alcoholic beverages during pregnancy if the professional is providing the woman with prenatal care or other healthcare services. For purposes of this section, “prenatal care” means the comprehensive package of medical and psychological support provided throughout the pregnancy. The statute still allows for a person to make a voluntary report if the person knows or has reason to believe that a woman is pregnant and has used a controlled substance for a nonmedical purpose during the pregnancy, including, but not limited to, tetrahydrocannabinol, or has consumed alcoholic beverages during the pregnancy in any way that is habitual or excessive. The exception does not apply to the other controlled substances outlined in 253B.02 (opium, cocaine, heroin, phencyclidine, methamphetamine, amphetamine); a mandated reporter SHALL report per the previous slide.

Neglect (Part 8) Chronic and Severe Use: Chronic and severe use of alcohol or a controlled substance by a parent or person responsible for the care of the child that adversely affects the child’s basic needs and safety.

What Happens After Reporting? Screener • Family Assessment • 5 days/45 days • 70% Screened In 25 % Screen Out 75 % Investigative Immediate/45 days 30 % Traditional Case Management 12-15 months Close Family Assessment Case Mgt 3-6 months Close

Responding to Child Protection Reports There are two methods of response Family Assessment and Investigation

Family Assessment Goal: Child safety through an assessment of safety, risk, and family needs and strengths. Does not seek to determine whether maltreatment occurred, but case management services may be determined based on an assessment of risk. • Family Assessment Response may be used when substantial child endangerment is not alleged. • Up to five days response time. • Purpose is to address child safety through family engagement and services. • Uses strength based and family centered practices. • Family Assessment strives to be respectful of the family and culture. • Families are included in planning and decisions at every point possible. • Research has shown that Family Assessment keeps children as safe as the Investigative method, increases the likelihood that families will engage in services and successfully exit the Child Protection Services system. Families under the Family Assessment Response method have lower rates of re-entry into Child Protection Services. Families have rated Family Assessment as useful and beneficial.

Investigations: • Goal: Accomplish child safety through investigation, assessment of child safety and risk, and to formally determine whether maltreatment occurred and if there is a need for child protection services. • • Investigations are required for reports alleging severe harm or safety concerns that meet the • statutory definition of Substantial Child Endangerment. • • Substantial Child Endangerment is a category of child maltreatment, defined in statute, which • includes serious harm or risk. For example, reports alleging sexual abuse and egregious harm • are included in the definition of Substantial Child Endangerment and must receive an • investigative approach. • • Require an immediate response (within 24 hours) for cases of Substantial Child Endangerment, • 5 day response for all other investigations • • Interviews are audio-recorded and for sexual abuse cases audio-video recorded. • • At times, investigative response is needed and necessary to keep children safe. It is forensic in • nature, and sometimes conducted jointly with law enforcement. The purpose of Investigative • Response is to gather information and facts to: • 1. Determine whether maltreatment occurred. • 2. To determine whether there is a need for protective services. • The findings of Investigative Response can be used to support court action when necessary to • keep children safe. This is particularly true if the family refuses voluntary services.

Contact Information Stearns County Human Services Family and Children’s Division 705 Courthouse Square PO Box 1107 St. Cloud, MN 56302-1107 General Phone: (320) 656-6000 Service Entry: (320) 656-6000 Toll Free 1-800-450-3663 FAX (320)-656-6447

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Stearns County Human Services