child protective services - magellan of virginia · mandated reporters code of virginia §63.2...
TRANSCRIPT
An Overview of Mandated Reporting in
Virginia
Child Protective Services
(CPS)
Purpose of CPS
• To identify abused and neglected children
• Strengthen/support families
• Enhancing parental capacity to nurture their
children in a safe and healthy environment
• Prevent (re)occurrence of child maltreatment
Mandated Reporters
Code of Virginia §63.2-1509
Have reason to suspect child is abused or neglected;
Report immediately, to the local department or to the VDSS toll-free child abuse and neglect hotline; and
Must disclose all the information that is the basis of the report to the local department including any records or reports documenting the basis of the allegation.
Reporters are immune from liability unless bad faith or malicious intent is proven
Mandated Reporters
• Medical professionals such as doctors, nurses,
interns, emergency medical responders
• Social workers, probation officers, eligibility
workers, CASA, mental health providers,
mediators
• Teachers, child care providers
• Law enforcement, animal control officers
• Staff in residential centers or group homes
• Anyone who receives approved training
Factors Associated with Child
Maltreatment
• Parental history of abuse/neglect as a child
• Stress – marital, employment, financial
• Parental substance abuse
• Lack of knowledge of child development
• Low self esteem, poor impulse control, isolation
• Children with disabilities
Validity Requirements
Child under 18 years of age
Abuser is in caretaker role
Abuse or neglect occurred in Virginia (Jurisdiction)
Meets the definition of abuse or neglect
Abused or Neglected Child Code of Virginia §63.2-100
Child under 18 whose parent/person responsible:
•Causes or threatens to cause non-accidental physical or
mental injury;
•Exposure to sale/manufacture of certain controlled
substances;
•Neglects to provide food, clothing, shelter, emotional
nurturing, or health care;
•Abandons child or fails to provide adequate supervision;
•Commits or allows to be committed any illegal sexual act;
•Knowingly leaves child alone with person, not related by
blood/marriage, who is required to register as violent sex
offender.
Types of Abuse & Neglect Physical Abuse
Physical Neglect
Medical Neglect
Mental Abuse & Neglect
Sexual Abuse
PHYSICAL ABUSE
• Asphyxiation
• Burns
• Bruises, Cuts etc.
• Sprains
• Bizarre Discipline
• Gunshot
• Bone Fracture
• Internal Injuries
• Head Injury
• Poisoning
• Stabbing
• Munchausen Syndrome by Proxy
• Traumatic Inflicted Brain Injury
• Exposure to Sale or Manufacture of Certain
Controlled Substances
PHYSICAL NEGLECT • Abandonment
• Inadequate Food, Clothing, Shelter, Supervision,
Hygiene
• Failure to Thrive
• Malnutrition
• Medical Neglect
• Knowingly leave a child with violent sex offender in
specific circumstances
SEXUAL ABUSE
§ 63.2-100 of the Code of Virginia
Parents or other person responsible for his care
commits or allows to be committed any act of
sexual exploitation or any sexual act upon a
child in violation of the law.
MENTAL ABUSE/NEGLECT
Mental abuse or neglect occurs when a caretaker
creates or inflicts, threatens to create or inflict, or
allows to be created or inflicted upon such child a
mental injury by other than accidental means or
creates a substantial risk of impairment of mental
functions.
Substance Exposed Infants
Newborn infants who have been medically
diagnosed for exposure to non-prescription,
controlled substances during pregnancy are also
considered to be at risk of abuse or neglect.
Health care providers are required to report
these children.
Questionable Situations • Corporal Punishment
• Abuse or Accident?
• “Latchkey” children
• Medical Care
Outside Scope of CPS • Truancy or educational neglect
• Failure to immunize
• Preventive dental or health care
• Failure to wear seat belts/ car seats
• Non-caretaker sexual abuse
• Abuse occurred outside of Virginia
• Poverty
The CPS Process
Timeframes for Completion • All investigations and family assessments should
be completed within 45 days.
• Can be extended to 60 days in some
circumstances.
• CPS has the ability to “suspend” a sexual abuse
investigation or child fatality under specific
circumstances.
• CPS has the ability to extend an investigation to
90 days if joint investigation with law enforcement.
CPS Response
Family Assessment
Assess child safety
Strengthen and
support families
Assess risk of
future maltreatment
Prevent further
abuse
Investigation
Assess child safety
Strengthen and
support families
Assess risk of
future maltreatment
Prevent further
abuse
Determine if abuse
or neglect occurred
Disposition Founded:
• Reveals by a
preponderance of
the evidence that
abuse or neglect
occurred.
• Right to Appeal.
• Name in Central
Registry: Three years
Seven years
Eighteen years
Unfounded:
• Reveals
insufficient
evidence that
abuse or
neglect
occurred.
• Does not mean
it did not occur.
• One year
retention.
Family Assessment • No finding of abuse or neglect is made
• Emphasis and focus is on what does
family need versus did the abuse or
neglect occur
• Retained for 3 years
If you suspect a child is being
abused or neglected
Contact the Local Department of Social
Services where the child lives
OR…
Call the VDSS toll-free CPS Hotline:
1- 800- 552- 7096
Information Needed
• Identifying information such as names, dates of
birth, address, school information, siblings. It is
important to provide as much information as
possible.
• Nature and extent of the abuse/neglect, including
any knowledge of prior maltreatment.
• Is there a family member who can protect?
• Any special language needs or developmental
issues?
Completed CPS Reports
Year Founded Unfounded Family
Assessment
Total
2015 4,173 6,733 22,114 33.020
2014 4,312 6,728 21,867 32,907
2013 3,863 6,251 23,747 33,861
2012 4,103 6,464 24,911 35,478
2011 4,039 6,212 23,712 33,963
2010 4,058 5,964 22,765 33,026
Additional Training Go to: http://www.dss.virginia.gov/abuse/mr.cgi
CWSE 5692: Mandated Reporters: Recognizing and
Reporting Child Abuse and Neglect
Many Thanks to YOU -
Our Community Partners