2014
Beyond Reporting:
Recognizing, Responding and Referring
Significant Changes in the Law that became
Effective May 25, 2012:
Failure of a mandatory reporter to report sexual or
severe physical child abuse is now a felony.
Failure to report witnessed child sexual abuse is now
A felony and requires reporting by all persons 18 and older.
Duty to report now extends beyond professional capacity.
Whistleblower protection for an employee who is
threatened, harassed, suspended for reporting sexual abuse.
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Twitter: @New Orleans CAC
For more information email [email protected]
Louisiana
Mandatory
Reporting
Laws
14:403
Prepared by:
Stacie
Schrieffer
LeBlanc
America’s Child Death Shame
From bbc.co.uk


The British Press recently unveiled “America’s
Child Death Shame,” emphasizing that
“violence against children” in the United
States is much more acute than any other
industrialized nation in the world.
Unicef reports that 66 children under the age
of 15 die from physical abuse or neglect every
week in the industrialized world—half of those
children in the U.S.
From bbc.co.uk

M
ore than 20,000 American children are
believed to have been killed in their own
home by family members over the past 10
years—nearly four times the number of
American soldiers killed in Iraq and
Afghanistan.
From bbc.co.uk
Louisiana’s Child Death Shame
2008

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
Louisiana has one of the highest frequencies of
child deaths related to abuse and neglect in the
United States.
246 child deaths resulting from abuse and neglect
occurred in Louisiana between 2001 and 2008.
In Louisiana, 30 deaths or 2.71 deaths per 100,000
children occurred in 2008 alone.
From bbc.co.uk
Mandatory Reporting Laws for Child Abuse in Louisiana
Who is mandated to report suspected child abuse at all times ?
Ch.C. Art. 603(15)
Effective May 25, 2012, LA Legislature Act No. 268 removed that this duty only applies while performing
professional duties
All 2012 changes in the law are bolded.
Health
Practitioners
Ch.C. Art. 603(15)(a)
Defined as any individual who provides health care services, including a physician,
surgeon, physical therapist, dentist, resident, intern, hospital staff member,
podiatrist, chiropractor, licensed nurse, nursing aide, dental hygienist, any
emergency medical technician, a paramedic, optometrist, medical examiner, or
coroner, who examines a child or his family.
Mental Health/Social Service Defined as any individual who provides mental health care or social service diagnosis,
assessment, counseling, or treatment, including a psychiatrist, psychologist, marriage or family
Practitioners
Ch.C. Art. 603(15)(b)
counselor, social worker, member of the clergy, aide, or other individual who provides
counseling services to a child or his family.
Member of the Clergy
Members of the clergy are not required to report a confidential communication.
Ch.C. Art. 603(15)(c)
Teaching or Child Care
Providers
Ch.C. Art. 603(15)(d)
Law Enforcement
Defined as any person who provides or assists in teaching, training and supervision of a child,
including any public or private teacher, teacher's aide, instructional aide, school principal, school
staff member, bus driver, coach, professor, technical or
vocational instructor/school staff member, college or university administrator/staff member,
social worker, probation officer, foster home parent, group home or other child care institutional
staff member, personnel of residential home facilities, a
licensed or unlicensed day care provider, or any individual who provides such
services to a child in a voluntary or professional capacity.
Any police officers or law enforcement officials .
Ch.C. Art. 603(15)(e)
Ch.C. Art. 603(15)(f)
Any person who develops exposed photographic film into negatives, slides, or prints, or who
makes prints from negatives or slides for compensation.
Mediators
Any assigned juvenile court case mediators.
Film Processors
Ch.C. Art. 603(15)(g)
CASA
Ch.C. Art. 603(15)(i)
Organizational or Youth
Activity Providers
Ch.C. Art. 603(15)(j)
All Adults who witness
sexual abuse of a child R.S.
14:403(A)(4)(a)
Any court-appointed special advocate (CASA) volunteer under the supervision of a CASA
program.
Defined as any person who provides organized activities for children, including
administrators, employees, or volunteers of any day camp, summer camp, youth center, or
youth recreation programs or any other organization that provides organized activities for
children.
Any person 18 or older who witnesses child sexual abuse. Specifically includes but is not limited
to the perpetration or attempted perpetration of R.S. 14:41, 42, 42.1,
43, 43.1, 43.2, 43.3, 46.2, 46.3, 78, 78.1, 80 (carnal knowledge), 81, 81.1, 81.2, 86, 89, or 89.1.
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Twitter: @NewOrleansCAC
CARE Center/Stacie LeBlanc
What are the Criminal Consequences for Failing to Report IMMEDIATELY?R.S. 14:403
If
Knowingly and willfully
fail to report:
Shall be
guilty of a
Shall be
fined
Shall be
imprisoned
not more than
Child abuse or neglect
R.S.14:403(A)(1)(a)
Misdemeanor
$500
Mandatory
Reporters Sexual abuse or physical or neglect which
not more than
Felony
results in bodily injury, neurological impairment,
or death of the child
R.S.14:403(A)(1)(b)
All Adults Witnessed sexual abuse of a child
R.S.14:403(A)(4)(a)
18 or older
Felony
not more than six months
$3,000
with or without hard labor,
for not more than three years
not more than
$10,000
with or without hard labor,
for not more than five years
Do employees have Whistleblower Protection for reporting sex abuse? YES
R.S. 23:968
A. No employee shall be discharged, demoted, suspended, threatened, harassed or discriminated against in any
manner in the terms of his employment because of a lawful act engaged in by the employee or on behalf of the
employee in furtherance of any action taken to report the sexual abuse of a minor child by any fellow employee
to law enforcement, whether such fellow employee is a co-worker, supervisor, or subordinate.
B. (1) An employee of a public or private entity may bring action for relief against his or her employer for damages
associated with and action taken by the employee in furtherance of the protection of a minor child.
(2) A person aggrieved of a violation of Subsection A of this Section shall be entitled to treble damages plus
court costs and reasonable attorney fees.
Do Reporters have Immunity from Civil or Criminal Liability? YES
Ch.C. Art. 611(A)
No cause of action shall exist against any person who:
In good faith makes a report
Cooperates in any investigation arising as a result of such report
Participates in authorized judicial proceedings.
This immunity will not be extended to any person who makes a report known to be false.
Can you be sued? Yes but if reported in good faith will be immune and all cost paid
Ways to Minimize the Threat of Lawsuit
Clayton, E.W.,
Potential Liability in Cases of Child Abuse and Neglect, Pediatric Annals 26:3, March 1997


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
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Report immediately.
Try to be empathetic and communicate with family, which may be difficult when a child has suffered a serious injury.
Explain that they are going to be reported and explain your legal responsibilities as a mandatory reporter.
Record what was said by the child who disclosed “verbatim.”
Allow child protection and/or law enforcement to conduct their investigation, which they are obligated by law to do.
Maintain confidentiality.
IT IS BETTER TO REPORT ALL SUSPICIONS THAN TO NOT REPORT AT ALL.
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Twitter: @NewOrleansCAC
CARE Center/Stacie LeBlanc
II.
A.
LOUISIANA SUBSTANTIVE LAWS SPECIFIC FOR DEALING WITH CHILD ABUSE
LOUISIANA CRIMINAL LAWS PERTAINING TO SEXUAL ABUSE OF MINORS
LA. R.S.
§ 14:42∞
Title
Aggravated Rape
Victim
<13
§ 14:43.1∞
Sexual Battery
<15
§ 14:43.2
Second Degree
Sexual Battery
§ 14:43.3∞
Oral Sexual
Battery
Aggravated
Crime Against
Nature
<15
§ 14:80∞
Felony Carnal
Knowledge
13-16
Sexual intercourse (anal, oral, or vaginal) with consent.
§ 14:80.1∞
13-16
Sexual intercourse (anal, oral, or vaginal) with consent.
17 or older, 2-3
years older
§ 14:81∞
Misdemeanor
Carnal
Knowledge
Indecent
Behavior with
Juveniles
<17
2 years older
§ 14:81.1∞٨
Pornography
<17
(1) Any lewd or lascivious act upon the person or in the presence of any
child under the age of seventeen, where there is an age difference of
greater than two years between the two persons; or
(2) The transmission, delivery or utterance of any textual, visual, written,
or oral communication depicting lewd or lascivious conduct, text, words,
or images to any person reasonably believed to be under the age of
seventeen and reasonably believed to be at least two years younger than
the offender. It shall not be a defense that the person who actually receives
the transmission is not under the age of seventeen.
Photographing, videotaping, filming or possession of sexual performance
or to produce, distribute, possess, or possess with the intent to distribute
pornography involving juveniles.
§ 14:81.1.1
“Sexting”
<17
<17
§ 14:81.2∞
Molestation of a
Juvenile or
Person with a
Physical or
Mental Disability
13-16
(1) .. voluntarily use a computer or telecommunication device to transmit
an indecent visual depiction of himself to another person.
(2) …knowingly possess or transmit an indecent visual depiction that was
transmitted by another under the age of seventeen years in violation of the
provisions of Paragraph (1).
(1) Any lewd or lascivious act upon the person or in the presence of any
child under the age of seventeen, where there is an age difference of
greater than two years between the two persons, with the intention of
arousing or gratifying the sexual desires of either person, by the use of
force, violence, duress, menace, psychological intimidation, threat of great
bodily harm, or by the use of influence by virtue of a position of control or
supervision over the juvenile.
17 or older, 2
years older
5-40 w/wo
and/or fined
$5,000-$10,000
(conditional on
offender’s
relationship to V)
*°V<13, 25-99
§ 14:81.3٨
Computer-aided
Solicitation of a
Minor
13-16
Contacts or communicates, through,text with the intent to persuade,
induce, entice, or coerce the person to engage or participate in sexual
conduct or a crime of violence.
17 or older, 3+
years older
§ 14:92∞
Contributing to
the Delinquency
of Juveniles
<17
Intentional enticing, aiding, soliciting, or permitting to (7). Perform any
sexually immoral act.
17 or older
5-10 wo and
fined $10,000
V<13, 10-20 wo
and fined
$10,000
0-2 w/wo and/or
fined $1,000
§ 14:89.1٨
<18
Elements of Criminal Activity
Anal, oral, or vaginal sexual intercourse (40 rape- Emission is not
necessary, penetration however slight, is sufficient).
Touching of the anus or genitals… using any instrumentality or any part of
the body of the offender or victim.
Touching of the anus or genitals… using any instrumentality or any part of
the body of the offender or victim.
Touching of the anus or genitals… of the body of the offender or victim…
using the mouth or tongue of the offender or victim.
(1) Any other involvement of a child in sexual activity constituting a crime
under the laws of this state. (2) Any lewd fondling or touching of the
person of either the child or the offender, done or submitted to with the
intent to arouse or to satisfy the sexual desires of either the child, the
offender, or both.
Perpetrator
at least 3 years
older
Intentionally
inflicts serious
bodily injury on
victim
at least 3 years
older
Biological, step, or
adoptive relatives:
child, grandchild
of any degree,
brother, sister,
half- brother, halfsister, uncle, aunt,
nephew, niece.
17 or older, 4+
years older
Penalty
Life wo
V<13, life
0-10 w/wo
*°V<13, 25-99
0-15 w/wo
*°V<13, 25-99
0-10 w/wo
*°V<13, 25-99
5-20 w/wo
and/or fined
$50,000
*°V<13, 25-99
0-10 w/wo
and/or fined
$5,000
0-6 months
and/or fined
$1,000
0-7 w/wo and/or
fined $5,000
V<13 & P>17, 225
5-40 and fined
$10,00-$75,000
°V<13 & P>17,
25-99
(conditional on
distribution,
possession,
parent of victim
who gave
consent, or
*production)
0-10 days and/or
fined $100-$250
*on a victim under the age of thirteen years when the offender is seventeen years of age or older shall be punished by imprisonment at hard labor for
not less than twenty-five years nor more than ninety-nine years. At least twenty-five years of the sentence imposed shall be served without benefit of
parole, probation, or suspension of sentence.
°Upon completion of the term of imprisonment ....., the offender shall be monitored by the Department of Public Safety and Corrections through the
use of electronic monitoring equipment for the remainder of his natural life. Valid as of July 31, 2014
∞
Lack of knowledge of the juvenile's age shall not be a defense.
٨Consent is not a defense.
B.
LA. R.S.
LOUISIANA CRIMINAL LAWS PERTAINING TO PHYSICAL ABUSE OF MINORS
A
V
Definition
Statutory
Defense
Penalty
(A)(1) …(S)pecific intent to kill or inflict great bodily harm and is engaged in
the perpetration or attempted perpetration of aggravated rape, forcible rape,
cruelty to juveniles, or second degree cruelty to juveniles.
§ 14:30.
First Degree
Murder
<12
§ 14:30.1.
Second
Degree
Murder
§ 14:32.
Negligent
Homicide
<10
Life/
Death
(A)(5)…(S)pecific intent to kill or to inflict great bodily harm upon a victim
who is under the age of twelve…
(A)(1)…(S)pecific intent to kill or to inflict great bodily harm…
(A)(2)…(O)ffender is engaged in the perpetration or attempted perpetration of
aggravated rape, forcible rape,…cruelty to juveniles, second degree cruelty to
juveniles…even though he has no intent to kill or to inflict great bodily harm.
(A)(1)…(K)illing of a human being by criminal negligence *(gross deviation
below the standard of care expected to be maintained by a reasonably careful
man under like circumstances)
(C)(2)(a)…(K)illed as a result of receiving a battery
Life
0-5 Years
2-5 Years
§ 14:92.2.3
Second
Degree
Cruelty to
Juveniles
>1
7
<17
(A)(1)…(I)ntentional or criminally negligent mistreatment or neglect by
anyone over the age of seventeen to any child under the age of seventeen
which causes serious bodily injury or neurological impairment to that child.
(A)(2)…"(S)erious bodily injury" means bodily injury involving protracted
and obvious disfigurement or protracted loss or impairment of the function of a
bodily member, organ, or mental faculty, or substantial risk of death.
(B)...(T)reatment
by a parent /tutor in
accordance w/ the
tenets of a wellrecognized
religious method of
healing, in lieu of
medical treatment
0-40 Years
§ 14:93.
Cruelty to
Juveniles
17
+
<17
(A)(1)…(I)ntentional or criminally negligent mistreatment or neglect by anyone
seventeen years of age or older of any child under the age of seventeen whereby
unjustifiable pain or suffering is caused to said child…
(A)(2)…(I)ntentional or criminally negligent exposure by anyone seventeen years of age
or older of any child under the age of seventeen to a clandestine laboratory operation…in
a situation where it is foreseeable that the child may be physically harmed.
(A)(3)…(I)ntentional or criminally negligent allowing of any child under the age of
seventeen years by any person over the age of seventeen years to be present during the
manufacturing, distribution, or purchasing or attempted manufacturing, distribution, or
purchasing of a controlled dangerous substance in violation of the Uniform Controlled
Dangerous Substances Law.
(A)…(I)ntentional or criminally negligent exposure of a child under the age of ten years,
by a person who has the care, custody, or control of the child, to a hazard or danger
against which the child cannot reasonably be expected to protect himself, or the desertion
or abandonment of such child, knowing or having reason to believe that the child could
be exposed to such hazard or danger.
(B)...
(T)reatment by a
parent or tutor in
accordance w/
the tenets of a
well-recognized
religious method
of healing, in lieu
of medical
treatment
W/W/O
10 Years
(C)…Trial judge shall
have the authority to
issue any necessary
orders to protect the
safety of the child during
the pendency of the
criminal action and
beyond its conclusion
§ 14:93.2.1.
Child
Desertion
<10
…(B)attery committed w/out the consent of the victim
§ 14:35.
Simple battery
§ 14:35.3(I)
Domestic
Abuse Child
Endangerme
nt Law
LA. CH. C.
Art. 603.1
Child
Neglect
< or
= 13
§ 14:92.1.
Encouragin
g or
Contributing
to child
delinquency,
dependency
or neglect
<17
…When the state proves, in addition to the elements of the crime as set forth in
Subsection A of this Section, that a minor child thirteen years of age or
younger was present at the residence or any other scene at the time of the
commission of the offense
1st Offense ~
0-6 months
2nd Offense 30days -6
months
0-6 months
Mandatory Minimum
1st Offense10days-6 months
2nd Offense 30 days-6 months
3rd Offense 2 years-5 years
4th Offense 4 years-30 years
Refusal or unreasonable failure of a parent/caretaker to supply the child w/
necessary food, clothing, shelter, care, treatment, or counseling for any injury,
illness, or condition of the child, as a result of which the child’s physical,
mental, or emotional health and safety is substantially threatened or impaired.
*Includes prenatal neglect.
where any child shall be a delinquent, dependent, or neglected child,
irrespective of whether any former proceedings
or any act encourage, cause, or contribute to the dependency or delinquency
(any act which tends to debase or injure the morals, health or welfare of a
child)
-2 years
*Justification R.S. 18 (4) When the offender’s conduct is reasonable discipline of minors by their parents, tutors or
teachers. Good through August 15th 2012
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What is Child Abuse?
Specific training for recognizing physical signs, symptoms and behavioral indicators of all types of child
abuse is available through the CARE Center of Children’s Hospital New Orleans.
Type of Abuse
Neglect
Ch.C. Art. 603(16)
Sexual Abuse
Ch.C. Art. 603(1)(c)
Physical Abuse
What is the Legal definition of Child Abuse?
The refusal or unreasonable failure of a parent or caretaker to supply the child with
necessary food, clothing, shelter, care, treatment, or counseling for any injury, illness, or
condition of the child as a result of which the child’s physical, mental, or emotional health
and safety is substantially threatened or impaired.
The involvement of the child in any sexual act with a parent or any other person, or the
aiding of toleration by the parent or caretaker of the child’s sexual involvement with any
other person or of the child’s involvement in pornographic displays, or any other involvement
of a child in sexual activity constituting a crime under the laws of this state.
Ch.C. Art. 603(1)(a)
The infliction, attempted infliction, or, as a result of inadequate supervision, the
allowance of infliction or attempted infliction of physical or mental injury upon the child by a
parent or any other person.
Exploitation
The exploitation or overwork of a child by a parent of any other person.
Ch.C. Art. 603(1)(b)
What is the best indicator that a child has been abused?
The BEST indicator that a child has been abused is the child’s own spontaneous report.
“The reaction of the person to whom a child discloses has a significant impact on the
psychological adjustment to trauma.”
Roesler, T. (2000).
Adult’s reaction to child’s disclosure of abuse will influence degree of permanent damage.
Brown University Child & Adolescent Behavior Letter, 16(8).
How are you going to Respond to a child’s disclosure of abuse?
Sample Plans
To DO and SAY
Palmer, S., Brown, R., Rae-Grant, N., & Loughlin, J. M. (1999).
Responding to children’s disclosure of familial abuse: What survivors tell us. Child Welfare, 2(78).
Do/Say
Don’t/Say
Repeat what the child said -use reflective listening.
You said your____ did_____?
Write down exactly what the child said “verbatim”.
Ask questions. No Who, What, Where or Why?
Leave the interview process in the hands of a trained
professional forensic investigator.
Praise the child for their bravery for telling now.
Thank you for telling me.
You are brave for telling.
I’m very proud of you for telling me.
Asking why the child waited to tell is shamming and blaming.
Delayed disclosure is normal and expected.
Why didn’t you tell someone sooner?
Why did you wait to tell anyone?
Answer the child’s questions honesty.
Keep the child informed as you find out.
I don’t know what is going to happen, but I am going to do
everything I can to help and protect you.
Make promises that you can’t keep.
You won’t have to go home. That will never happen again. Your
mom or dad is going to go to jail for that.
Explain that you are going to tell only special people
who help make family’s safe.Promise not to keep the
information confidential.
I’m not going to tell other teachers or students.
Never say that you’ll keep what the child has told you a secret.
Do NOT tell co-workers or others beyond the police, child
protection and professional polices.
You will never believe what___told me.
Express empathy, care and no change in feelings.
I’m sorry that this happened to you. I believe you.
This does not change what I think about you.
“What happened is not your fault.”
Do not minimize or question the child’s truthfulness.
That’s not that big of deal, I have heard much worse. Your dad
could go to jail, are you telling the truth?
Common Questions
Q: Have I fulfilled my obligations as a mandatory reporter if I tell my suspicions to my supervisor (i.e. principal,
manager, administrator) about my suspicions of child abuse or neglect?
A: NO. It is your individual responsibility as a mandatory reporter to ENSURE that a child abuse report is made.
Telling your supervisor or anyone else does not fulfill your legal obligation. You must ensure that the report was
made. You may want to suggest that you and your supervisor call together, especially if you both have first hand
information regarding the child. For purposes of accurate reporting, it may be beneficial for the administrator and
reporting staff to jointly complete and sign the written report that must be submitted within 5 days of the verbal
report.
Q: Does my supervisor (i.e. principal, supervisor, administrator) have the authority to decide whether I report?
A: No, although every organization has its own internal policies on reporting child abuse/neglect, the law states
under no circumstances shall any person in charge of an institution control, restrain, or modify a child
abuse/neglect report. Nor should any policies cause the report to be delayed. If you feel threatened for making a
report of sexual abuse, you may be entitled to damages. Reports must be made out not up.
Q: What if I think the case has already been reported by other professionals or the parents?
A: Mandated Reporters should never assume that another professional or adult has already reported the
situation to DCFS and/or Law Enforcement. Even if a report has already been made, your information is still
valuable, as it could assist in the investigation. Abusing parents have lied about investigations involving others
and motor vehicle accidents to divert attention from them.
Q: If a mandatory reporter learns about the disclosure of child abuse from another child or adult, is that hearsay?
Reportable?
A: No, the first disclosure of child abuse is an exception to hearsay. Hearsay is only relevant for what is admissible
in court not for reporting abuse. Yes, the disclosure needs to be reported and the proper authorities will be the
one responsible to investigate the disclosure further.
Q: What is I am not sure it happened?
A:Reports are request for an investigation. The reporter should not confirm, verify or question the child’s
disclosure. Multidisciplinary teams exist in every parish to jointly investigate in accordance with their CAC
protocol. Only trained forensic interviewers can conduct admissible videotaped statements of child victims.
Q: How do I handle problems with Law Enforcement or DCFS receiving the report?
A: Call a higher ranking officer or supervisor, the Public Affairs department of any local law enforcement agency,
your local Children’s Advocacy Center, or your local District Attorney’s Child Abuse Division. The same laws that
make it a crime to not report also make it a crime for DCFS, law enforcement, state department employee or
school employees to obstruct the procedures for receiving and investigating reports.
Q: Will the child be put into foster care?
A: Only 5% of children reported for child abuse or neglect are removed from their homes, and usually, it is not for
a long period of time. For those who are not removed, their families are provided with services to insure the
safety of their child.
Q: Will people be able to find out who made the child abuse report?
A: Your name CANNOT be released by Law Enforcement or DCFS; however, the family often assumes who it is
that reported them.
Q:Has anyone been arrested for not reporting immediately?
A: Yes. A principle in Alexandria was arrested for waiting until the next day to report that 17 and 14 year old were
observed by a teacher having sex behind the school.
Q: What if I suspect that the abuse is happening again or continuing but was not accepted previoulsy?
A: Re-report. By policy, DCFS investigates reports based on the severity of the reports they have received that
specific day. If many of the reports on a given day consist of very harsh abuse, a report of less severe abuse might
not have been investigated. If you have cause to believe that the same child is a victim of ongoing abuse, do not
hesitate to make another report.
Q: What is the statute of limitation for prosecuting delayed disclosures of child sexual abuse?
A: Incidences of abuse that occurred years ago can be prosecuted until the victim is 48 years old and there is no limit
if it involves an aggravated rape.
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CARE Center/Stacie LeBlanc
Who to call? Where to send a written report?
Ch.C Art. 610
If Abuser is Parent or
Caregiver
If Abuser is NOT a
Parent or Caregiver,
And Parent/Caregiver is
Not believed to have any
responsibility for abuse
Call /Fax a report Send written
Jurisdiction
IMMEDIATELY
report within
to
five days to
DCFS Hotline
Local DCFS
Parish where
(855) 452-5437
office
child/
caretaker
reside
Law Enforcement
911 or
non-emergency
Local law
enforcement
agency
Parish where
offense
occurred
Definition of “Parent or
Caretaker”
A person who maintains an
interpersonal dating or
engagement relationship
with the parent or caretaker,
or a person living in the
same residence with the
parent or caretaker where
married or not.
Dual Reporting
Ch.C. Art. 610(A)
Dual reporting of child abuse to law enforcement and DCFS is permitted and encouraged, not required.
How to Report Child Abuse?
When should you
Report?
Ch.C. Art.610
Immediately! A principal was arrested for waiting until the next day.
What should you
Report?
Ch.C. Art. 610(B)
Ch.C. Art. 610(C)
If you have a suspicion of child abuse, report the following information, if known:
Name, address, age, sex and race or ethnicity of the child, nature, extent, and
cause of the child’s condition, name and address of the child’s parent or guardian,
names and ages of other household members, account of how the child came to
your attention, number of times you have filed a report on the child or the child’s
siblings, name of the person or persons believed to have caused the child’s
condition, your own name and address, and any other information that might be
relevant.
What should happen
Next?
Ch.C. Art. 610(D)
You should receive a letter stating whether or not the case was assigned to an
Investigation. If investigated, you should be contacted within a week.
Mandatory reporters always have a right to know if the report was accepted. If you
Disagree with DCFS determination of whether a case is to be investigated, contact
a supervisor in that office or a state office to report the case.
How should you deal
with a child’s disclosure
of abuse?
Ch.C Art. 612
When a child discloses abuse, a report must be made immediately. A report is a
Request for an investigation, not an accusation.
Always remember to have a plan for when a child discloses abuse. Use words the
child will understand. Document and record what was said verbatim. Never say
you will keep a secret. Don’t tell everyone. Explain that you care about the child.
Praise the child’s bravery for telling you and do not question why the child did not
Tell someone sooner. Try to answer the child’s questions honestly. Do not question
Beyond the child’s disclosure. Leading questions may contaminate a child’s memory.
Investigation should be left to professionals.
If the parent or child indicates that law enforcement is already involved or has
Already been notified of the alleged abuse, it DOES NOT preclude or negate your
Responsibility to report.
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CARE Center/Sta cie LeBlanc