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Home > The Role of Professional Child Care Providers in Preventing and Responding to Child Abuse and Neglect > Reporting Suspected Child Abuse or Neglect
The Role of Professional Child Care Providers in Preventing and Responding to Child Abuse and Neglect
User Manual Series (2008)
Chapter 3 Although no child care provider wants to be put in the situation of having to report a suspicion of child abuse or neglect, providers should be aware of their legal and professional responsibilities and know the protocols for making a report to child protective services (CPS). This chapter provides information on:
Every State, the District of Columbia, and the U.S. territories have designated individuals who are mandated by law to report child maltreatment. Who is included in this group of mandated reporters varies from State to State. Any person, however, may report incidents of maltreatment, and approximately 18 States and Puerto Rico require all citizens to report suspected abuse or neglect regardless of their professional background.35 It is important for all mandatory reporters to be familiar with the statutes and the reporting laws in their State.
As mandated reporters, all child care providers not only have the responsibility to report suspected abuse, but also to know how to make a report, to be familiar with their program and State's policies and reporting procedures, and to communicate with CPS. In addition to the mandated reporting of suspected abuse or neglect, all States provide immunity from civil liability and criminal penalty for mandated reporters who report in good faith. This means that if a child care provider suspects that a child is being maltreated and makes a report to CPS, that provider will not experience negative legal consequences as a result of making a report. Although all States require the reporting of suspected abuse and neglect, there is no requirement that the reporter have proof that the abuse or neglect has occurred. Typically, a report must be made when the reporter suspects or has reasons to suspect that a child has been abused or neglected.36 Waiting for absolute proof may result in significant risk to the child. It is not the caregiver's job to validate the abuse; this is the job of CPS caseworkers or law enforcement officers who have been trained to undertake this type of investigation. The majority of States require that reports of child abuse or neglect be made orally, either by person or by telephone, to the specified authorities. Some States require that a written report follow the oral report, but, in some jurisdictions, this is only required of mandated reporters. In other States, written reports are required only upon request. Some States allow professionals to report via the Internet. Depending on the State, reports of allegations of abuse or neglect perpetrated by nonrelated caregivers, such as child care providers, foster parents, or teachers, may need to be filed with both CPS and a law enforcement office. In most States, there are statutes that require cross-system sharing and reporting procedures between social service agencies, law enforcement departments, and prosecutors' offices.37 In addition to assessing and to investigating the case, CPS caseworkers may be involved in the intervention with the affected families.
Professionals or mandated reporters may fail to report cases of suspected child maltreatment. As a result, almost every State, the District of Columbia, and U.S. territories have enacted statutes specifying the penalties for failing to report child abuse or neglect.38 Failure to report is classified as a misdemeanor in approximately 35 States, American Samoa, Puerto Rico, and the U.S. Virgin Islands; in Arizona, Florida, and Minnesota, misdemeanors are upgraded to felonies for failure to report more serious situations; and in Illinois and Guam, second or subsequent violations are classified as felonies. Some States also have fines for failing to report suspected maltreatment. There also are penalties for making knowingly false reports of child abuse or neglect. Approximately 30 States have statutes specifying penalties for false reports. The penalties are similar to those for the failure to report. The majority of States classify false reporting as a misdemeanor, while a few States classify it as a felony. False reports should not be confused with cases that are found to be unsubstantiated by CPS. Those cases are ruled out due to insufficient evidence that was provided in good faith, as opposed to false reports where incorrect information is provided knowingly.
Professional standards related to child abuse and neglect also may be relevant for child care providers. For example, the Ethics Commission of the National Association for the Education of Young Children (NAEYC), a national accreditation body for early childhood programs, developed a Code of Ethical Conduct for professionals who work directly with children and families.39 The code addresses four areas of professional responsibility: children, families, colleagues, and the community and society. The following are samples of principles from the code:
In addition to the NAEYC code, Head Start provides ongoing, comprehensive child development services and has its own policy for professionals for identifying and for reporting child abuse and neglect. In 2006, the Head Start program, which is administered by the Head Start Bureau, Administration for Children and Families, U.S. Department of Health and Human Services, served more than 909,000 children.41 The following are the basic tenets of the Head Start policy on identifying and reporting child abuse and neglect:
Although the specific content of a report to CPS may vary, it typically includes the following information:
Some States accept anonymous reports, but knowing the name and the phone number of the reporter allows the State agency to obtain additional information if necessary. The agency staff taking the information for the report will ask for as many details about the maltreatment as the reporter can give. A reporter should refer to any notes or documentation about the incident when making a report. This will help to ensure that all known details are reported to CPS. (See Appendix E, Sample Report of Suspected Child Abuse or Neglect, for a sample reporting protocol.) Reporting Protocols for Child Care Programs Policies for making a report should cover more than the procedures that should be followed at the time a report is made. As with planning for an emergency or a fire, early childhood programs should have protocols defining the duties and the responsibilities of all staff when child abuse or neglect is suspected. These protocols should be well thought out and should include the actions to be taken in the anticipation that a report may have to be made, the actions to be taken at the time that there is a suspicion of abuse or neglect, and the follow-up actions. Family child care providers also need clearly defined protocols that take into account the circumstances in home-based care. See Exhibit 3-1 for a list of items that should be included in comprehensive protocols. Staff members should review their programs' policies and procedures regularly so they will be clear about their responsibilities. Also, if a report is ruled out or unsubstantiated, child care providers may need to continue to document and to report any subsequent behavior in that child that may warrant another referral. Sometimes CPS simply does not have sufficient information to investigate a report or to substantiate a case; however, that does not necessarily mean that the maltreatment did not occur. Even though CPS or law enforcement has the responsibility to assess and to investigate allegations of abuse or neglect, there are times when they may request that the child care provider speak with the child to gather more information in order to meet statutory guidelines for accepting a report. The primary purpose of the discussion is to obtain enough information from the child for an informed report to CPS or to law enforcement, and it should occur only after the agency has requested clarification or additional information. The child care provider should keep in mind that this conversation is not an interrogation, and the purpose is not to prove that abuse or neglect occurred. During these discussions, or when a child discloses maltreatment to a caregiver, it is important to remember that:
Child care providers can harm subsequent CPS or legal processes by probing excessively for answers, by asking leading questions (i.e., questions that attempt to guide the child's response), or by supplying children with terms or information. Courts have dismissed several child sexual abuse cases because it was believed that the initial interviewers biased the children by such actions. Child care providers must be sensitive to the safety of the child following the disclosure. The child might be subject to further abuse if she goes home and mentions talking with someone about the alleged abuse. If a child care provider feels that the child is in danger, CPS should be contacted immediately to help protect the child. A CPS caseworker may need to interview the child at the program. If so, the program should provide a private place for the interview that does not alert other staff and children to the presence of a CPS caseworker. If it is necessary for the caseworker to remove the child from the child care program for a medical examination, the program should consider releasing a staff member to accompany the child so that the child feels safe in a strange and potentially medically invasive situation. If further action is to be taken, the child should be told what will happen, where, and when. The child care provider should assure the child of support and assistance throughout the process and should follow through on any assurances. No responsibility should be placed on the child, nor should the child be asked to conceal from the parents that the conversation has taken place or that further action is contemplated. Although some caregivers may feel that it is important to contact the parents to inform them that the program has made a report of suspected child maltreatment, it is rarely appropriate. In fact, it can have a significant, negative impact on the investigation or on the child's safety. CPS caseworkers and law enforcement are trained and are primarily responsible for contacting and for discussing these concerns with parents. The following issues may arise if caregivers talk with parents before CPS contacts them:
There may be instances when parents contact a program or a provider regarding a report made to CPS. Many programs designate one point of contact to handle CPS reports, such as the director, the center nurse, or the social worker. The child care provider should listen to the parents and refer them to that point of contact. In talking with the parents, the child care provider should respond in a professional, direct, and honest manner without displaying anger, shock, or an insinuation of guilt. It is critical to remember that the child care provider should not reveal any information pertinent to the report made to CPS or law enforcement. Child care providers of young children should avoid prying into family matters and never should betray the child's confidence to the parents (e.g., "Your child said..."). The parents also should be informed about any limitations to confidentiality of the present discussion. Further threats or revelations of maltreatment typically require the child care provider to reveal to a third party (e.g., CPS) what was discussed.
Parents who have been reported need to hear that they and their child will continue to be supported throughout this difficult time. The child care provider should let the parents know that child care staff care about them and their child and that the staff will continue to provide the same high-quality care. Staff members should be careful not to alienate the family since they will be more open to assistance if they know others are willing to help. However, child care providers must remember that the child's safety is paramount. Parents often feel less alienated if they have been informed of the program's legal responsibility to report suspected abuse and neglect. This policy should not only be in all of the handbooks distributed to parents but also should be discussed at enrollment. The child care provider or director then can refer parents to that section of the handbook. Parents not involved in allegations of abuse or neglect, but who become aware of allegations involving someone else's child in the program, also may need to be reassured and supported. A protocol should be established for contacting these parents in such situations. Even though a report may have no direct involvement for their own children, many parents understandably become curious, protective, and concerned about any potential risk or secondary impact it may have. For instance, the parents may feel the need to explain the situation to their children and may experience feelings of uncertainty about how best to handle it. Naturally, if the maltreatment occurred at the center, parents are likely to consider placing their children in another program and may express significant fear and concern for their children's safety. Child care providers play a critical role in presenting information about steps being taken to ensure the safety of all the children in the program, and they should be patient with and supportive of the parents.
Difficulties Encountered When Reporting The process of reporting child abuse or neglect does not always proceed smoothly. There are many obstacles that child care providers may encounter when preparing to report suspected maltreatment, and they may feel discouraged from making future reports. These obstacles often are associated with their personal feelings, the program policies and procedures, and the relationships with the family and perhaps with CPS as well. Sometimes, the reporter's feelings may be ambiguous or conflicted. Some common feelings that may dissuade a child care provider from reporting child abuse or neglect include:
Charges of abuse and neglect are serious, so experiencing fear or concern when a report may be necessary is not unusual. Child care providers, however, must overcome such feelings because, in their position and profession, they are legally mandated to report suspected maltreatment and are ethically required to protect children. It also is appropriate to acknowledge certain fears or uncertainties with CPS or law enforcement when making a report so they can take those factors into consideration. Program Policies and Procedures A significant barrier to reporting occurs when early childhood education programs do not train staff on their responsibilities to recognize, to report, or to prevent child maltreatment. All programs should ensure that staff are trained both in preventing and in reporting child abuse and neglect. Training information and materials should be updated annually, and appropriate training opportunities or options should be provided on an ongoing basis. Though most directors will provide the necessary support to report cases of suspected maltreatment, some program directors occasionally may place obstacles in the way of reporting abuse and neglect. They might discourage staff involvement by refusing to take their reports seriously or by failing to make an official report of maltreatment once the situation has been brought to their attention. Directors may be reluctant because they fear that the report may be false or may lack irrefutable evidence. Directors who refuse to report or who make it difficult to report cause numerous problems for their staff. Not only does the child care provider feel unsupported or even undermined, but both parties may be held liable for the unreported maltreatment. Thus, the child care provider must choose to be vulnerable to legal sanction, and possibly further endanger the child, or bypass the director.45 In these cases, providers should try to alert the directors to the reporting requirements and the need to ensure the safety of the child. Providers also can seek the advice and assistance of other staff (e.g., a nurse, another administrator) to help determine a collaborative solution and meet as a group with the director. It is also possible that the director or other designated staff may have dealt with overzealous reports in the past; they may see this as an opportunity to screen for inappropriate reports and use this as a time to educate the worker on the legal definitions of child maltreatment in their particular State or county. Parents and child care providers have special relationships that may make professionals reluctant to report suspected cases of child maltreatment. The child care provider may be very fond of the parents and family, making it difficult to take action if maltreatment is suspected. Child abuse and neglect often is hidden, so indicators of it may come as a complete surprise to a child care provider who previously has witnessed only appropriate and good-natured interactions between the parent and the child. The livelihood of early childhood programs is dependent upon the attendance of children. These programs may fear that reporting will harm their reputations, lead to a decline in enrollment, or both. Even when caregivers might suspect child maltreatment, they may give parents the benefit of the doubt or may fear that confronting the parents would result in a hostile or distressed reaction or in retaliation. In these instances, the caregiver should remember that failure to report not only is illegal, but may further endanger the child. Reports can and should be made in the spirit of care and concern. Providers may be able to alleviate some of this concern by presenting the program's child maltreatment reporting policy to parents as a part of the initial orientation to the center and in the parent handbook. Parents may be more understanding of the process if they are aware of the provider's legal and professional responsibility to report and that the provider is acting to ensure that the child is safe. When a report of child maltreatment is filed, CPS makes several decisions. First, CPS must decide if the report meets the statutory criteria for child abuse or neglect. If the report does not meet those criteria, the CPS agency may refer the family to various other services, formal or informal, that would provide support, such as a local parenting skills class or Parents Anonymous. If the report does meet the statutory criteria for child maltreatment, CPS must investigate to determine if the abuse or neglect can be substantiated. It will interview the child if the child is old enough to respond to questions. CPS then will contact the family and others, including the child care provider, who may have additional information. CPS typically will make one of two findings—substantiated or unsubstantiated. A substantiated finding means that there is sufficient evidence to prove that an incident of abuse or neglect occurred. A finding of unsubstantiated means there is insufficient evidence to conclude that a child was abused or neglected. Some States have a third category, inconclusive or unable to determine. CPS also determines if the child is safe in the home and, if not, explores the least intrusive interventions to ensure the child's safety. CPS also determines if there is a risk of future maltreatment, and, if such a risk exists, CPS must offer services to reduce that risk. For an overview of the CPS process, see Exhibit 3-2.
In some States, the court system may become involved, particularly if the child is removed from the home. A juvenile or family court usually is responsible for cases involving child maltreatment. In cases of sexual abuse, extreme physical abuse, or death, however, complaints increasingly are filed in criminal court. In some instances, a child care provider may be asked to appear in court as a witness, usually regarding the child or to present a more complete picture of the family's situation. Exhibit 3-3 offers some guidelines for child care providers appearing in court.
Reporters of child maltreatment often want to know the result of an investigation. Some State and local child welfare agencies will inform mandated reporters of the outcome of a report. 47 In most States, CPS sends letters to mandated reporters and also may call them. A family's right to privacy, however, supersedes mandated reporters being privy to confidential investigations. Therefore, the reporter may not be informed of the investigation's findings and may never learn the results from the report.
This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. |
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