a guide for recognizing child abuse and neglect

A Guide ForMandated Reporters In Recognizing And ReportingChild Abuse And Neglect

A Guide ForMandated Reporters InRecognizing And ReportingChild Abuse And Neglect

Commonwealth of Virginia

Department of Social Services

Child Protective Services

A Guide For Mandated Reporters In Recognizing And Reporting Child Abuse And Neglect

Introduction..........................................1

Recognizing Child AbuseAnd Neglect .........................................3

What Are The Legal Definitions OfChild Abuse and Neglect?...........................3

What Are The Types And Indicators Of Child Abuse And Neglect? ..........................3

The Fine Line Between Abuse And Discipline ................................13

Questionable Child Abuse And Neglect Situations .............................15

Corporal Punishment ................................15

Distinguishing Abuse.................................15

Unsupervised Or “Latchkey” Children .......16

Failure To Obtain Medical Care.................17

Some Reports Are Outside The Scope Of Child Abuse/Neglect In Virginia .......19

Educational Neglect ..................................19

Lack Of Immunizations And Preventative Health Care ..........................19

Failure To Use Seat Belt Restraints As Required By Law..................................19

Non-Caretaker Sexual Abuse....................19

Abuse Did Not Occur In Virginia AndThe Abuser Does Not Live In Virginia .......19

Poverty ......................................................19

Reporting Child AbuseAnd Neglect .......................................21

Why Should I Report? ...............................21

Who Must Report? ....................................21

When Should I Report?.............................22

What Information Will I Be Asked To Provide? ...............................................22

What If I Do Not Report? ..........................23

What If I Am Not Sure? .............................23

What If The Abuse Occurred In The Past? ..............................23

Should I Tell The Parents I Made A Report?......................................23

Table of Contents


Questions And Concerns AboutReporting Suspected Child AbuseAnd Neglect .......................................25

The Belief That Nothing Will Be Done ................................25

Confidentiality Issues ................................25

Responding To The Child..................27

How Should I Respond To A Child Who Reports Being Abused Or Neglected?..........27

Techniques For Interacting With An Abused/Neglected Child ......................27

The Child Protective ServicesResponse ...........................................29

What Happens After I Make A Report? ......................................29

Family Assessment Response ..................29

Investigation Response .............................30

CPS Authorities To Conduct FamilyAssessment Or Investigation ...........33

Release Of Records To Child Protective Services ..........................33

Interviewing Child Without Parental Consent And Outside The Presence Of The Parents...............................................33

Photographs And X-Rays..........................33

CPS Services May Be Provided To The Family .....................35

What If The Child Must Be Removed From Home? .............................35

Will I Receive Feedback FromChild Protective Services? ...............37

1A Guide For Mandated Reporters In Recognizing And Reporting Child Abuse And Neglect

While everyone should to be concernedabout child abuse and neglect, certainprofessionals and other individuals arerequired by law to report suspected childabuse and neglect. These materials aredesigned to assist those persons who aremandated to report suspected child abuseand neglect.

Parents have a fundamental right to raisetheir children and our community presumesthat parents will act in their children’s bestinterest. When parents do not protectchildren from harm and put them at risk ofabuse or neglect, the community has aresponsibility to intervene to protect thehealth and welfare of children.

Child abuse and neglect occurs in all cultural,ethnic, occupational, and socioeconomicgroups. There are certain known factorswhich, when combined, increase thelikelihood of child abuse or neglect. They mayinclude:

Parental predisposition towardsmaltreatment (perhaps as a result of beingabused or neglected as a child);

Stress within the home due to marital,employment, financial, or other problems;

Parental substance, alcohol, or drugabuse;

Lack of knowledge of child development;unrealistic expectations of children;inadequate parenting skills;

Low self esteem, poor impulse control, lowlevel of frustration tolerance, isolation fromthe support of family and friends;

Disabilities, which increase the risk ofabuse and neglect for children.

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Introduction


Recognizing Child AbuseAnd Neglect

What Are The Legal Definitions OfChild Abuse And Neglect?

Section 63.2-100 of the Code of Virginiadefines an abused or neglected child as anychild under 18 years of age whose parent orany person responsible for his or her care*(such as a child care provider, foster parent,or anyone responsible for the welfare of achild receiving residential care at aninstitution):

Causes or threatens to cause a non-accidental physical or mental injury;

Has a child present during themanufacture or attempted manufacture ofa controlled substance or during theunlawful sale of such substance wheresuch activity would constitute a felonyviolation;

Neglects or refuses to provide adequatefood, clothing, shelter, emotional nurturing,or health care;

Abandons the child;

Neglects or refuses to provide adequatesupervision in relation to a child’s age andlevel of development;

Knowingly leaves a child alone in thesame dwelling with a person, not relatedby blood or marriage, who has beenconvicted of an offense against a minor forwhich registration is required as a violentsexual offender; or

Commits or allows to be committed anyillegal sexual act upon a child, includingincest, rape, indecent exposure,prostitution, or allows a child to be used inany sexually explicit visual material.

In addition, newborn infants who have beenmedically diagnosed for exposure to non-prescription, controlled substances duringpregnancy are also considered to be at riskof abuse or neglect. Attending physicians arerequired to report these children.

*NOTE: Virginia law requires that mandatedreporters report all cases of suspected childabuse or neglect to child protective servicesregardless of the abuser/neglector’srelationship to the child.

What Are The Types And Indicators OfChild Abuse And Neglect?

Many people think that child abuse is limitedto physical harm. In reality, child abuseincludes: physical abuse; physical neglect;sexual abuse; and emotional/mentalmaltreatment.

Physical injuries, severe neglect, andmalnutrition are more readily detectable thanthe subtle, less visible injuries which resultfrom emotional/mental maltreatment orsexual abuse. However, all types of abuseand neglect may endanger or impair a child’sphysical or emotional health anddevelopment.

Most child abuse and neglect is not a onetime event, but more often occurs in apattern over time. Many children are subjectto more than one form of maltreatment.

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4 Recognizing Child Abuse And Neglect

Physical Abuse

Physical Indicators

• On face, lips, mouth, torso, back, buttocks, thighs;

• Injuries in various stages of healing;

• Clustered injuries that form regular patterns, whichreflect the shape of article (electric cord, belt buckle)used to inflict injury;

• Injuries that seem to regularly appear after absence,weekend, or vacation; or

• Human bite marks.

• Cigarette burns, especially on soles, palms, back, orbuttocks;

• Immersion burns (sock-like, glove-like, doughnutshaped on buttocks or genitalia) patterned like electricburner, iron, etc.; or

• Rope burns on arms, legs, neck, or torso.

• To skull, nose, facial structure;

• Fractures in various stages of healing; or

• Multiple or spiral fractures.

• To mouth, lips, gums, eyes; or

• To external genitalia.

Physical abuse is defined as any act which, regardless of intent, results in a non-accidentalphysical injury. Inflicted physical injury most often represents unreasonably severe corporalpunishment. This may happen when the parent is frustrated or angry.

Intentional, deliberate assaults, such as burning, biting, cutting, and the twisting of limbs, arealso included in this category. The sale of drugs by a caretaker in the presence of a child canpose a threat to the child’s safety due to strangers in and out of the home and the possibilityof firearms or other weapons bring present. Manufacturing drugs, especially inmethamphetamine laboratories can expose children to serious toxins.

A combination or pattern of indicators should alert you to the possibility of physical abuse.

QuestionableBruises And Welts:

QuestionableBurns:

QuestionableFractures:

Questionable Cuts, Scrapes,Scratches, LacerationsOr Abrasions:

5Recognizing Child Abuse And Neglect

Caretaker Characteristics

Child Behavioral Indicators

• Uncomfortable with physical contact;

• Wary of adult contacts;

• Apprehensive when otherchildren cry;

• Exhibits behavioral extremes;

• Aggressiveness or withdrawal;

• Frightened of parents;

• Afraid to go home;

• Reports being injured by parents or other caretaker;

• Complains of soreness or movesuncomfortably;

• Wears clothing inappropriate forthe weather to cover injuries;

• Reluctant to change clothes(attempts to hide injuries, bruises, etc.);or

• May be a chronic runaway.

• Has a history of being abused as a child;

• Uses harsh discipline inappropriate tochild's age, the misbehavior, and thecondition in which the misbehavioroccurred;

• Offers illogical, unconvincing,contradictory, or no explanation ofchild’s injury;

• Significantly misperceives child (e.g.sees him as bad, stupid, different, etc.);

• Has a serious mental health condition or exhibits a psychotic orpsychopathic personality;

• Fails to keep child’s medicalappointments;

• Misuses alcohol or other drugs;

• Attempts to conceal child's injury or toprotect identity of person responsible;

• Has unrealistic expectations of child thatare beyond child’s age or ability;

• Allows a child to be present during themanufacture or sale of controlledsubstances;

• Demonstrates insufficient parentingskills;

• Demonstrates poor coping skills;

• Has anger management difficulties; or

• Has a history of domestic violence, asvictim or perpetrator.


Physical Indicators

• Consistently dirty and has severe bodyodor;

• Lacks clothing that is adequate for theweather;

• Has unattended health or medicalneeds, such as dental problems,hearing problems, or vision problems;

• May live in unsafe or extremely dirtyhomes;

• Consistent lack of supervision,especially when involved in dangerousactivities or for long periods of time; or

• Has been abandoned by parent orguardian.

Physical Neglect

Physical neglect is defined as the failure to provide for a child’s physical survival needs to theextent that there is harm or risk of harm to the child’s health or safety. Physical neglect isoften chronic in nature. Physical neglect may include, but is not limited to:

Abandonment;

Lack of supervision;

Lack of adequate bathing and good hygiene;

Lack of adequate nutrition;

Lack of adequate shelter;

Lack of medical or dental care; or

Knowingly leaving a child alone with a person who is not related by blood or marriage tothe child, and who is required to register as a violent sex offender.

A combination or pattern of indicators should alert you to the possibility of physical neglect.

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• Begs for or steals food or money;

• Extended stays at school (early arrivaland late departure);

• Demonstrates constant fatigue,listlessness, or falling asleep in class;

• States there is no one at home toprovide care;

• Abuses alcohol or drugs; or

• Frequently absent from school.

• Appears to be indifferent to the child;

• Seems apathetic, depressed;

• Is abusing alcohol or other drugs;

• Behaves irrationally or in a bizarremanner;

• May exhibit symptoms of mental illnessor diminished intelligence;

• Maintains chaotic home;

• Has a history of being abused orneglected as a child;

• May hoard food or other materials thatmake house unsafe;

• Demonstrates insufficientparenting skills;

• Demonstrates poor coping skills;

• Consistently fails to keep medicalappointments for a child with disabilitiesor chronic health care condition;

• Has unrealistic expectations of child thatare beyond child’s age or ability; or

• Knowingly leaves a child alone with aperson, who is not related by blood ormarriage, who is required to register asa violent sex offender.


Sexual Abuse

Sexual abuse is defined as acts of sexual assault and sexual exploitation of minors. Sexualabuse encompasses a broad range of behavior and may consist of many acts over a longperiod of time or a single incident. Sexual abuse is generally perpetrated by someone knownto the child and often does not involve violence. Both boys and girls are victims of sexualabuse.

The nature of sexual abuse, the shame of the child victim, and the possible involvement oftrusted parents, stepparents, or other persons in a caretaker role makes it extremely difficultfor children to come forward to report sexual abuse. Sexual abuse includes:

Incest;

Rape;

Intercourse;

Oral-genital contact;

Fondling;

Sexual propositions or enticement;

Indecent exposure;

Child pornography; or

Child prostitution.

A combination or pattern of indicators should alert you to the possibility of sexual abuse inboth male and female children.

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Child Physical Indicators

• Has difficulty walking or sitting;

• Has torn, stained, or bloodyunderclothing;

• Has pain or itching in genital area;

• Has bruises or bleeding in externalgenitalia, vaginal, or anal areas;

• Has a sexually transmitted disease,especially in pre-teens; or

• Becomes pregnant at a young age.




• Shows reluctance to change clothes forphysical education classes or otherrecreational activities;

• Engages in highly sexualized play, thatis different from age-appropriate form ofexploration;

• Demonstrates an extreme fear of males(or females);

• Has a sudden drop in schoolperformance;

• Has sleep problems or nightmares;

• Bizarre or unusual sexual behavior orknowledge;

• Detailed and age-inappropriateunderstanding of sexual behavior(especially younger children);

• Exhibits an older, more worldlyappearance/behavior than peers;

• Seems threatened or afraid of physical contact;

• Receives unexplained money or “gifts”;

• Sudden noticeable changes in behavior;

• Abuses alcohol or drugs;

• Exhibits delinquent behavior;

• May repeatedly set fires;

• May attempt suicide or other self-injurybehavior; or

• May have eating disorders.

• Extremely protective or jealous of child;

• May have been sexually abused as achild;

• Misuses alcohol or other drugs;

• Non-abusing caretaker/spouse isfrequently absent from the home,permitting access to child by abusingcaretaker/spouse;

• Shows favoritism to child, e.g. gifts,money, attention, privileges; or

• May have marital problems.


Just as physical injuries can scar and incapacitate a child, emotional maltreatment cansimilarly damage a child emotionally, behaviorally, and intellectually. Varying degrees ofemotional and behavioral problems are common among children who have been emotionallyabused. Emotional/mental maltreatment can include patterns of:

Verbal assaults (e.g., screaming, intimidating, rejecting, ridiculing, blaming, sarcasm);

Ignoring and indifferent behavior to children; or

Constant family conflict.

Emotional abuse can be seen as a self-fulfilling prophecy. If a child is degraded enough, thechild will begin to live down to the image communicated by the abusing parent or caretaker.

Cases of emotional abuse are difficult to prove. A cause and effect relationship between theparent or caretaker’s acts and the child’s response must be established. These childrenshould be referred for evaluation and treatment as soon as possible.

A combination or pattern of indicators should alert you to the possibility of emotional/mentalabuse or neglect.

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Emotional/Mental Abuse or Neglect

Physical Indicators

• May have frequent stomach aches,head aches or unexplained weightfluctuations;

• May have speech disorders;

• May lag in physical development;

• May have a non-organic,failure-to-thrive medical diagnosis; or

• May have learning problems.




• Exhibits age-inappropriate behaviorssuch as thumb sucking, biting, headbanging or rocking;

• Exhibits neurotic traits such as sleepdisorders, inhibition of play;

• Exhibits extreme behaviors such as overcompliance, passivity, aggression,withdrawal or inappropriate affect for thesituation;

• Exhibits overly adaptive behavior suchas inappropriate adult behavior;

• Exhibits emotional or intellectualdevelopmental delays;

• Exhibits either general or self-destructive behavior;

• Exhibits cruel behavior or may seem toget pleasure from hurting others and/oranimals;

• Exhibits delinquent behavior;

• May abuse alcohol or drugs; or

• May have eating disorders.

• Blames or belittles child;

• Ignores or rejects child;

• Withholds love from child;

• Shows favoritism among siblings;

• Demonstrates a negative or apatheticattitude towards child;

• Seems unconcerned about child’sproblems;

• Makes unreasonable demands or hasunrealistic expectations of the childbased on the child’s developmentalcapability; or

• Has a history of domestic violence asvictim or perpetrator.


Parental Attitudes As Indicators

A good deal of important information can be gathered from routine conversations withparents. They will often reveal details of family life, discuss discipline, and may even requesthelp with a problem. Conversations with parents can also reveal how they feel about theirchild.

The abusive or neglectful parent may:

• Parents who make unrealistic demandson a child for early control of feeding,sleeping, and elimination habits maycomplain excessively about the child’spoor table manners, defiance atbedtime, or deliberate soiling.

• Parents who complain frequently that achild cries excessively "for no goodreason.”

• Parents who consistently attributeunrealistic or inappropriate motives toan infant’s behavior, e.g., “He knows itmakes me mad, but he does it anyway.”

• Parents who assign adult activities tothe child.

• Parents who have negative or apatheticattitudes toward the child.

• Parents who seem indifferent to, deny,or are annoyed by injury, illness, ordevelopmental delays in their child.

• Parents who do not seem sensitive totheir child's basic needs for food,shelter, clothing, or medical care.

• Parents who scapegoat one child asbeing different or bad.

• Parents who become excessively angryat the child's performance or conduct.

Expect Too Much


In order for children to grow up and becomeproductive members of society, subject tosociety’s norms, values, and rules, allchildren need discipline. Discipline is alearning process designed to teachappropriate behaviors.

Unlike discipline, abuse is not a learningprocess. It is designed to stop behaviorthrough inflicting pain. It does not teachalternative, correct behavior. Therefore,abused children do not learn correctbehavior. They learn to avoid punishment.

The intent of the reporting law is not tointerfere with appropriate parental discipline,but to respond to extreme or inappropriateparental actions. Actions that are excessiveor forceful enough to leave injuries may beconsidered abusive.

The Fine Line BetweenAbuse And Discipline


Corporal Punishment

The use of corporal punishment on childrenby parents is not illegal in Virginia. Mostprofessionals agree that physical punishmentis not the most desirable or effective methodto use with children.

The excessive use of corporal punishmentteaches children to resolve conflicts violentlyand to use physical power rather thanreason to obtain results or express anger.

Excessive corporal punishment can easilyresult in unintended injury (ies) to a child dueto the difference in size between an adultand a child, the presence of anger, and theuse of force.

Corporal punishment is not permitted inpublic schools, foster homes, group homesand other child caring institutions.

Distinguishing AbuseFrom Accident

The very nature of childhood invitesaccidents. Children are curious and fearless.They run, climb, jump, and explore. A child’smotor skills usually outpace cognitive skillsallowing him/her to approach danger withoutrecognizing it. When observing an injury yoususpect might be the result of abuse,consider:

Location of the injury: Certain locationson the body are more likely to sustainaccidental injury. They include the knees,elbows, shins, or forehead. Protected bodyparts and soft tissue areas, such as theback, thighs, genital area, buttocks, back ofthe legs, or face, are less likely toaccidentally come into contact with objectsthat could cause injury.

Number and frequency of injuries: Thegreater the number of injuries, the greaterthe cause for concern. Unless the child isinvolved in a serious accident, he/she isnot likely to sustain a number of differentinjuries accidentally. Multiple injuries indifferent stages of healing may indicateabuse.

Size and shape of the injury: Manynon-accidental injuries are inflicted withfamiliar objects: a stick, a board, a belt, ora hair brush. The injury could also be ahandprint. These marks bear strongresemblance to the object that was used.Accidental marks resulting from bumpsand falls usually have no defined shape.

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Questionable Child AbuseAnd Neglect Situations

16 Questionable Child Abuse And Neglect Situations

Description of how the injury occurred:If an injury is accidental, there should be areasonable explanation of how it happenedthat is consistent with the appearance ofthe injury. When the description of how theinjury occurred and the injury areinconsistent, there is cause for concern.For example, it is not likely that a fall off achair onto a rug would produce bruises allover the body.

Consistency of injury with the child’sdevelopmental capability: As a childgrows and gains new skills, his/her abilityto engage in activities which can causeinjury increases. A toddler trying to run islikely to suffer bruised knees and a bumpon the head. He/she is less likely tosuffer a broken arm than is an eight-year-old who has discovered the joy ofclimbing trees. A two-week-old infantdoes not have the movement capabilityto self-inflict a bruise.

Remember that accidents happen:When assessing an injury, considerwhether the child is developmentallycapable of causing his or her own injuries.Also consider the child’s size and whetherhe/she is able to generate sufficient forceto create injury. Parents are not perfect.Injuries occur that might have beenavoided. Nevertheless, there is cause forconcern when injuries recur and/or theexplanation is inconsistent with the injuryor the child’s developmental abilities.

Unsupervised Or “Latchkey” Children

The laws of Virginia do not set a specificage for when a child legally can stay alone.Age alone is not a very good indicator of achild’s maturity level. Some very mature 10-year-old children may be ready for self carewhile some 15-year-old children may not beready due to emotional problems orbehavioral difficulties.

In determining whether a child is capable ofbeing left alone and whether a parent isproviding adequate supervision in latchkeysituations, child protective services (CPS)will assess several areas. These areasinclude:

Child’s level of maturity: CPS will wantto assess whether the child is physicallycapable of taking care of him/herself; ismentally capable of recognizing andavoiding danger and making sounddecisions; is emotionally ready to bealone; knows what to do and whom to callif an emergency arises; and has nospecial physical, emotional, or behavioralproblems that make it unwise to be leftalone. It is important to note that a childwho can take care of him/herself may notbe ready to care for younger children.

Accessibility of those responsible forthe child: CPS will want to determine thelocation and proximity of the parents,whether they can be reached by phoneand can get home quickly if needed, andwhether the child knows the parents’location and how to reach them.

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17Questionable Child Abuse And Neglect Situations

The situation: CPS will want to assessthe time of day and length of time thechild is left alone; the safety of the homeor neighborhood; whether the parentshave arranged for nearby adults to beavailable in case a problem arises; andwhether there is a family history of childabuse or neglect.

NOTE: Some localities have ordinancesconcerning the age at which a child may beleft without supervision. Please check withyour local county or city office to find out ifyour locality has an ordinance governing theage at which a child can be left unsupervised.

Failure To Obtain Medical Care

Failure of the parent or caretaker to provideneeded health care treatment for a conditionwhich, if untreated, could result in illness,developmental delays, or endangerment canbe reported to CPS as suspected medicalneglect. Children at increased risk formedical neglect and for whom theconsequences are serious include childrenwith medically diagnosed diseases ordisabilities, and children under the care of aphysician, sub-specialist or allied health carespecialist due to a medical diagnosis.

Failure to obtain treatment, however, mustbe considered in light of:

The availability of resources;

The parent’s financial ability to provide thetreatment;

The parent’s cultural and religious beliefs;or

The consequences of failure to obtainneeded medical care.

Parental failure to obtain needed medicalcare due to ignorance, misunderstanding orpoverty is outside the scope of the CPSprogram. Before you contact CPS aboutthese situations, it is important to offer theparents services such as counseling,information and referral, and/or financial aidto secure the needed medical treatment.

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The Department of Social Services believesthat the well-being of children is a sharedcommunity concern; however, somesituations are not appropriate for CPSintervention. Under Virginia law, somereports of suspected child abuse and neglectare outside the scope of the Child ProtectiveServices Program and cannot be acceptedfor family assessment or investigation. Theseinclude:

Educational Neglect

CPS does not have the authority tointervene when the child is truant fromschool. These issues are addressed by theschool system.

Lack Of Immunizations And Preventative Health Care

CPS intervenes in medical neglect casesonly in situations of imminent danger to thechild’s health and safety. Immunizations andwell-baby examinations are consideredpreventative medicine, not treatment. Thedecision to obtain preventative health care isa parental decision.

Failure to provide immunizations orpreventative medical care does notconstitute abuse or neglect under Virginialaws.

Failure To Use Safety Belt Restraints InMotor Vehicles As Required By Law

Virginia law requires the use of safetyrestraints for children in motor vehicles. Theintent of the law is to protect children fromserious injury in the event of an accident.This is a civil law with designated fines andpenalties. Law enforcement authorities areresponsible for enforcing this law.

Non-Caretaker Sexual Abuse

Children can be sexually abused by aperson who is not in a caretaker role. Thisincludes sexual abuse of a child by anotherchild. These reports should be made to thelocal law enforcement agency in yourcommunity. If there is reason to suspect thesexual abuse occurred due to lack ofsupervision by a caretaker, that reportshould be made to CPS.

Abuse Did Not Occur In Virginia And The Abuser Does Not Live In Virginia

The Virginia CPS program does not havejurisdiction to investigate a report of childabuse that occurred in another state and thealleged abuser does not live in Virginia.These reports are made to the state in whichthe abuse occurred. The local department ofsocial services in Virginia can assist in theinvestigation if requested by the other state.

Although CPS cannot conduct aninvestigation of these situations, the localagency can refer the child and family forservices if needed.

Poverty

Poverty can put children at risk, but is not initself a valid CPS report. Often thesefamilies need considerable communitysupport to subsist. If a family is utilizing theavailable resources, a local agency will notbe likely to accept such reports of lack offood, clothing and shelter for CPS.

Some Reports Are OutsideThe Scope Of Child Abuse/Neglect In Virginia


Why Should I Report?

The purpose of mandated reporting is toidentify suspected abused and neglectedchildren as soon as possible so that theycan be protected from further harm.

Child protective services cannot act until areport is made. As a mandated reporter, youplay a critical role in preventing any futureharm to children.

Without detection, reporting, andintervention, these children may remainvictims for the rest of their lives. Abusedchildren don’t just grow up and forget theirchildhood. They can carry physical andemotional scars throughout their lives, andmay repeat the pattern of abuse or neglectwith their own children.

Who Must Report?

Anyone can report suspected child abuse orneglect, but if you are identified in the Codeof Virginia as a mandated reporter or youhave received training in recognizing andreporting suspected child abuse andneglect, you are required by law toimmediately report your concerns to thelocal department of social services or to theChild Abuse and Neglect Hotline.

Under Virginia law, certain professionals arerequired to report when acting in aprofessional capacity. These professionalsinclude:

Persons licensed to practice medicine or any of the healing arts;

Hospital residents or interns;

Persons employed in the nursing profession;

Social workers;

Eligibility workers in a local department of social services;

Probation officers;

Teachers or other persons employed in a public or private school, kindergarten,or nursery school;

Persons providing full or part-time childcare for pay on a regular basis;

Mental health professionals;

Law enforcement officers;

Professional staff persons employed by a public or private hospital, institution, orfacility in which children are placed;

Persons associated with or employed byany private organization responsible forthe care, custody, and control of children;

Mediators certified to receive courtreferrals;

Volunteer Court Appointed Special Advocates (CASA); and

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Reporting Child AbuseAnd Neglect

The ChildAbuse andNeglect Hotline number is 1-800-552-7096.

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22 Reporting Child Abuse And Neglect

Any person over the age of 18, who hasreceived training approved by theDepartment of Social Services for thepurposes of recognizing and reportingchild abuse and neglect. This reportingrequirement shall not apply to any regularminister, priest, rabbi, imam, or dulyaccredited practitioner of any religiousorganization or denomination usuallyreferred to as a church as it relates to (i)information required by the doctrine of thereligious organization or denomination tobe kept in a confidential manner or (ii)information that would be subject to § 8.01-400 or 19.2-271.3 if offered asevidence in court.

When Should I Report?

When you suspect that a child is beingabused or neglected, you shouldimmediately report your concerns to the

local department of socialservices in your community. Localsocial services departments areopen during daytime businesshours. A list of local departmentsof social services, addresses andphone numbers is available athttp://www.dss.virginia.gov/localagency

What Information Will I Be Asked To Provide?

When making a report, it is helpful toprovide as much information as possible.

Name, address, and telephone number ofthe child and parents or otherperson(s)responsible for the child’s care;

Child's birth date or age, sex, and race;

Names and ages of other persons wholive with the child and their relationship tothe child;

Whether or not there is a family memberwho can protect the child;

Name, address, and telephone number ofthe suspected abuser and his/herrelationship to the child;

Nature and extent of the abuse/neglect,including any knowledge of priormaltreatment of the child or siblings;

Any special language needs of the family;

Any child or adult developmental issues;

Whether the child has a disability and theways in which the disability affects thechild’s functioning and care;

Any other pertinent information; and

Your name, address, and phone number.

If you give your name when you report, itwill be documented that you have met yourlegal obligation to report the suspected childabuse and neglect. You may reportanonymously, but you are encouraged togive your name. This makes it possible forthe child protective services worker tocontact you later if additional information isneeded. Providing your name will alsoenable the child protective services workerto inform you of the outcome of your referral.

NOTE: There is a provision in the Code ofVirginia that allows certain mandatedreporters to establish procedures to permitreporting the suspected child abuse orneglect to the head of the institution ordepartment or his designee who must thenmake the report to the local department ofsocial services.

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Reports can also be made to the Child Abuse andNeglect Hotline(1-800-552-7096),seven days a week,24 hours a day.

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23Reporting Child Abuse And Neglect

What If I Do Not Report?

Liability Of The Reporter

Section 63.2-1512 of the Code of Virginiaprotects a person, who either makes a CPSreport or participates in a court hearing thatresults from a CPS report, from criminal andcivil liability unless it is proven that the personacted with malicious intent.

Penalty For Failure To Report

Mandated reporters who fail to reportsuspected child abuse or neglect, within 72hours of first suspicion, can be charged witha misdemeanor. Section 63.2-1509 of theCode of Virginia provides penalties for failureto report suspected child abuse or neglect. Iffound guilty, the fine is up to $500 for the firstincident and from $100 to $1,000 for anysubsequent incidents. All such incidents arereferred to the local commonwealth’s attorney.

What If I Am Not Sure?

You should discuss the situation with your localdepartment of social services, child protectiveservices unit, or with staff at the Child Abuseand Neglect Hotline.

If a child has told you about abuse or neglect,this is enough for you to call. It is better tomake your concerns known than to remainsilent and possibly allow a child to remainunprotected.

What If The Abuse Occurred In The Past?

Any case of suspected child abuse or neglect,where the victim is under age 18 at the time ofthe report must be reported even if theabuse/neglect occurred in the past. The childprotective services worker will evaluate thesituation to determine whether CPSintervention is warranted at the time of yourreport.

Should I Tell The Parents I Made A Report?

You do not have to tell the parents about yourCPS report. If you choose to inform the parentsafter you have made the report and CPS hasmade contact, it is important that you behonest. Often parents will respect your honestyeven though they may disagree with theposition you’ve taken.You might explain thatyou are required by law to report all situationsof neglect or injury to children caused byquestionable or other than accidental means.The law does not give you a choice aboutreporting.

Filing a report of suspected child abuse orneglect can be described as “making a referralto request help and services for the child andfamily.” Parents need to know that theirproblems are not unique, they are notinherently “bad” parents, and they can behelped. The intent of a report is to protect thechild from further harm and to improve familyrelationships. Let the parents know that youwant to continue your relationship with themand that you believe that this is a problemwhich can be solved.

There may be some instances in which you willnot want to inform the parents of your report toCPS. These instances include a situation wherethe child’s safety would be jeopardized by theparents’ knowing the child has disclosedinformation to you, or a situation where a childis in imminent danger and you believe theparent might run away with the child.

Before informing the parents about a report ofsuspected abuse or neglect, it may be helpfulto discuss your decision with a local CPSworker.


A report of suspected maltreatment is not anaccusation. It is a request for the helpingprocess to begin. The reporting process,however, may not always go smoothly.Difficulties may be encountered which can actas a barrier to reporting or can discouragecontinued involvement in situations of childabuse and neglect.

Professionals who have had an unsatisfactoryexperience when reporting suspected childabuse or neglect may be reluctant to report asecond time. These professionals may havebeen discouraged from reporting, or mayhave developed a distrust of child protectiveservices (CPS), feeling that a previous referralwas not handled to their satisfaction. If youhave been dissatisfied with the agency’sresponse to your report, you should considercontacting the CPS supervisor in the agencyto discuss your concerns.

The law requires that you report suspectedchild abuse and neglect. In addition, whilereporting does not guarantee that thesituation will improve, not reportingguarantees that if abuse or neglect exists,the child will continue to be at risk.

The Belief That Nothing Will Be Done

Sometimes potential reporters areconvinced that nothing will be done if theyreport, so they don’t report. Aside from thelegal considerations (failure to report isagainst the law in Virginia), such reasoningis faulty. If an incident of suspected childabuse or neglect is reported, some actionwill occur. At the very least, reportingensures that social services is made awareof your concerns and your legal obligationwill be fulfilled. On the other hand, if theincident is not reported, nothing will occur.

Abused and neglected children cannot beprotected unless they are first identified.The key to identification is reporting.

Confidentiality issues

Will My Name be Revealed As The Reporter?

The Code of Virginia provides for theconfidentiality of the identity of all personswho report suspected child abuse orneglect. In some instances, despite the childprotective services worker’s efforts tomaintain confidentiality, a family may be ableto identify the mandated reporter. If the caseis brought into court, the identity of themandated reporter may be revealed duringcourt proceedings.

Can Parents See The Child Abuse Or Neglect Records?

Any individual, including the alleged abuseror neglector, may exercise his/her rightsunder the Virginia Privacy Protection Act of1976 to see all personal information, relatedto him/herself, contained in the case record.The individual requesting information isgiven access to that portion of the recordconcerning him/herself, with safeguardstaken to ensure the privacy rights of theother persons mentioned in the case record,including the reporter.

Questions And Concerns About Reporting Suspected Child Abuse And Neglect


Responding To The Child

How Should I Respond To A Child WhoReports Being Abused Or Neglected?

When it is necessary to talk with a child inresponse to a disclosure of maltreatment or toclarify suspicions, it is important to remember tohandle the discussion with sensitivity.Yourresponse has the power to calm or upset thechild.

Do:

Find a private place to talk withoutinterruptions.

Put the child at ease by sitting near him/her,not behind a desk.

Ask permission before touching the child.Touch may be associated with physical oremotional pain in children who have beenphysically or sexually abused.

Reassure the child that he/she is not introuble.

Keep your own feelings under control.

Use open-ended questions such as: “Can youtell me what happened?” or “I’m wonderingwho taught you how to do that.”

Use the child’s vocabulary.

Let the child know what you will do: “We needto tell (name). He/she knows how to helpchildren and families.”

Support the child: “I’m sorry that happened toyou.”

Do Not:

Press for details beyond what the child iswilling to share.You do not need to proveabuse or neglect.Ask “why questions”. These questions requirechildren to explain actions that they may not

understand.Young children have not developedthe abstract thinking ability necessary to answerthese questions.

Promise not to tell anyone about the child’sdisclosure of possible abuse or neglect.

Ask leading or suggestive questions.

Make angry or critical comments about thealleged perpetrator. He/she is often known,loved, or liked by the child.

Disclose information indiscriminately, keepingin mind the child’s right to privacy.

Make the child feel different or singled out.

Techniques For Interacting With AnAbused/Neglected Child

The following tools or techniques can be usedwith children who may be abused or neglected:

Never underestimate the power a positiveadult relationship can have in a child’s life.Children take their cues from adults.

Ask permission before touching, againallowing a child to regain control.

Don’t speak badly of the offender. Theoffender is often known and liked or loved bythe child. Suggested statements are: “Whathe/she did to you was wrong. I am sorry thatit happened to you.” or “It was unfair ofhim/her to do that to you. I am sorry that ithappened.”

Do not act shocked, angry, or upset at what achild may say or do. Remain open for moreinformation. Some ways to say this are: “I’mwondering where you learned that.” or “I’mwondering who taught you how to do that.” or“I’m sorry that happened to you.”

Do not make a child feel different or singledout. Treat him/her just like every other child,but with an extra dose of compassion.

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What Happens After I Make A Report?

When a report of suspected child abuse orneglect is made, social services staff mustdetermine that the situation described meetsthe legal definition of child abuse or neglectand whether child protective services (CPS)has the authority and responsibility to conducta family assessment, or an investigation.The four validity criteria are:

The child is under age 18 at the time of the report;

The alleged abuser was in a caretaker role;

The alleged abuse or neglect meets thedefinition of abuse or neglect as definedby the CPS Program; and

The local agency has jurisdiction torespond to the report.

If your report is not accepted for CPSresponse, the local agency will tell youwhich validity criteria are not met. Inaddition, the local agency may contact locallaw enforcement to report possible criminalviolations even if the report is not valid forCPS.

If a decision is made not to respond, andyou disagree, you may further discuss yourconcerns with the CPS supervisor. When acase is not appropriate for CPS, you mayseek consultation with the local agency forsuggestions or guidance in dealing with thefamily.

When a report of suspected child abuse orneglect is made, CPS must determine if thereport is valid for a CPS response. If thereport is determined to be valid, the CPSworker will conduct either a familyassessment or an investigation. The goalsof both responses are to:

• Assess the child’s safety

• Strengthen and support families

• Prevent further abuse of the child

Family Assessment Response

A child safety and family service needsassessment is conducted with the family if thereport meets the validity criteria and is notrequired by law to be investigated, and thereis no immediate threat to the child(ren)’ssafety or well-being. Examples of thesereports include, but are not limited to:

Lack of supervision;

Physical neglect;

Minor physical injury; or

Emotional abuse/neglect.

After a report is accepted for a familyassessment, the CPS worker will assess theimmediate safety needs of the child, identifyprotective and other services needs of thefamily, and assess risk of future harm to thechild.

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The Child Protective ServicesResponse

30 The Child Protective Services Response

The CPS worker will complete the CPSfamily assessment within 45-60 days of thereport. He/she will interview the child, thesiblings, the parents or caretakers, thealleged abuser, and may interview theperson who made the report along with anyother person who may have additionalinformation about the incident.

At the conclusion of the family assessment,the CPS worker in conjunction with thefamily will make a determination of whetheror not services are needed to prevent abuseor neglect and to meet the needs of thefamily. There is no finding of abuse orneglect made in a family assessment.

Investigation Response

A child abuse or neglect investigation isconducted when there are immediate childsafety concerns, previous reports of abuseor neglect, or the report is required by law tobe investigated.

Examples include, but are not limited to,reports of:

Sexual abuse;

A child death;

Serious physical injuries;

Hospitalization due to suspectedabuse/neglect;

Injuries requiring medicalevaluation/treatment;

Abandonment; or

Abuse/neglect occurring in schools,day care centers or homes, foster homes and other non-family settings.

After a report is accepted for investigation,the CPS worker will assess the immediatesafety needs of the child, identify protectiveand other services needs of the family, andassess risk of future harm. The CPS workerwill complete the CPS investigation within45-60 days of the report.

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31The Child Protective Services Response

The CPS worker will interview the child, thesiblings, the parents or caretakers, thealleged abuser, and may interview the personwho made the report along with any otherperson(s) who may have additionalinformation about the incident. In someinstances, a police officer may accompanythe CPS worker during the investigation forreasons of safety and/or to determine ifcriminal charges should be filed.

At the conclusion of the CPS investigation,the CPS worker will make one of twofindings:

Founded: The investigation reveals by apreponderance of evidence that abuse orneglect has occurred.

Unfounded: The investigation revealsinsufficient evidence that abuse or neglectoccurred. This finding does not necessarilymean that abuse or neglect did not occur,but that the evidence was not sufficient for afounded disposition.

Right To Appeal Investigation Findings

The name of any person who has a “founded”disposition made about him/her as a result ofa child protective services investigation isentered into the Child Abuse and NeglectCentral Registry. That person has the right toan administrative appeal of that decision. Thethree levels of administrative appeal include:

Conference with the local department ofsocial services director or designee;

State level, administrative hearingconvened before a hearing officer; and

Judicial review by the local circuit court.tt

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The CPS worker has certain authoritiesgranted by the Code of Virginia to conduct afamily assessment or an investigation.

Release Of Records To Child Protective Services

Section 63.2-1509 of the Code of Virginiarequires all mandated reporters to release anyrecords or reports that document the basis forthe suspected abuse or neglect whether ornot they are the complainant.

Interviewing Child Without Parental Consent And Outside The Presence Of The Parents

Section 63.2-1518 of the Code of Virginiastates that any person required to make areport or conduct an investigation or familyassessment may talk to any child suspectedof being abused or neglected or to any of hissiblings without consent of and outside thepresence of his parent, guardian, legalcustodian, or other person standing in locoparentis, or school personnel.

CPS workers have the authority to speak toboth the alleged child victim and the siblingswithout parental consent and outside theparent’s presence. However, parents are notifiedof the interview as soon as practicable.

Photographs And X-Rays

Section 63.2-1520 of the Code of Virginiaallows the CPS worker to take photographsand arrange for x-rays of the child as part of amedical evaluation without the consent of theparent or guardian.

CPS Authorities To Conduct Family AssessmentOr Investigation


While the goal of a family assessment or aninvestigation is to protect the child fromfurther harm, that is not the only goal of theCPS Program. The CPS worker is alsoresponsible for helping parents identify andsolve problems that may have causedmaltreatment by arranging for or providingservices to the family or parents.

Services that may be provided to the familyby the CPS worker and/or communityagencies include individual and/or familycounseling; parenting groups or classes;homemaker services; respite day care; orfamily supervision, provided through homevisits by the CPS worker.

The length of time that CPS providesservices to a family varies from case to caseand is based on the continued risk of harmto the child. Unless a court orders a familyto receive services, the family may declinethe offer of services by the CPS worker.

What If The Child Must Be Removed From Home?

In most CPS reports, the child’s safety canbe assured through the development of asafety plan with the parent or guardian, ifnecessary.

If the child’s safety cannot be maintained,the first effort is to have the allegedabuser/neglector leave the family home. Butif that is not an acceptable alternative, it maybe necessary for the child to be placedoutside the home to ensure his/her safety. Ifit becomes necessary to remove the child,the CPS worker will try to work with theparents or guardian to arrange a safeplacement for the child with a relative orfriend. If this is not possible, then the childmay be placed in an agency-approved fosterhome or group placement.

Sometimes, there is a CPS report thatinvolves an immediate danger to a child’swell-being. Section 63.2-1517 of the Code ofVirginia permits law enforcement, CPS, orphysicians to take a child into protectivecustody for up to 72 hours without a courtorder. If this occurs, immediately after achild is taken into protective custody, theparents or guardians must be notified thatthe child is in custody. A report must bemade to CPS so that an investigation canbe conducted. The Juvenile and DomesticRelations Court must also be notified.

The ultimate goal is to reunite the family assoon as it is safe for the child.

CPS Services May Be Provided To The Family

36 A Guide For Mandated Reporters In Recognizing And Reporting Child Abuse And Neglect

The local agency will inform you if yourreport is being accepted for a CPSresponse. At the conclusion of the CPSresponse, the local agency can tell you thateither the investigation was unfounded orthat the local agency took necessary action.Due to federal and state laws concerning therelease of child protective services (CPS)information, the CPS worker is restricted inthe information that can be given toindividuals other than the alleged abuser,alleged victim, or victim’s guardian if not thechild’s parent.

If you are not contacted by the CPS workerwithin 45-60 days of the date of the report,and you wish to learn the outcome of theinvestigation or family assessment, you maycall the worker assigned to the case or thesupervisor.

Will I Receive Feedback From Child Protective Services?

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a guide for recognizing child abuse and neglect

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