Mandated Reporter - Prevent Child Abuse Virginia

Child Protective
Services (CPS)
A Brief Overview of CPS Reporting in Virginia
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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
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Mandated Reporters
Code of Virginia § 63.2-1509
Persons who, in their professional or official capacity:
 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
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Mandated Reporters include:
 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
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Changes to the law effective
July 1, 2012
New Mandated reporters
Individuals associated with, employed by or who volunteer
with a:
 Public organization responsible for the care, custody or
control of children;
 Private sports organization or team;
 Public/private day camps, youth centers, youth
recreation programs;
 Public/private institutions of higher learning
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Other changes:
 Mandated reporters are required to report as soon as
possible, but no later than 24 hours
 Mandatory reporters are not required to make a report
if they have actual knowledge that the same matter
has already been reported
 Increased penalty for second failure to report
 In cases of rape, sodomy, or object sexual penetration,
a person who fails to make the required report shall be
guilty of a Class 1 misdemeanor.
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The CPS Process
 Intake
 Determine validity, track and response time
 Respond if valid
 Investigate or conduct family assessment
 Assess safety, needs, risk of future maltreatment
 Disposition if an investigation
 Provide services
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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
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Abused or Neglected Child Defined:
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, 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.
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Types of Abuse & Neglect
 Physical Abuse
 Physical Neglect
 Medical Neglect
 Mental Abuse &
Neglect
 Sexual Abuse
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PHYSICAL ABUSE
PHYSICAL ABUSE TYPES MAY INCLUDE:
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
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PHYSICAL NEGLECT
TYPES:






Abandonment
Inadequate Food, Clothing, Shelter, Supervision, Hygiene
Failure to Thrive
Malnutrition
Medical Neglect
Knowingly leave a child with violent sex offender in specific
circumstances
Does NOT Include:
 Truancy or educational neglect
 Failure to wear seat belts
 Failure to immunize or seek preventive dental or health care
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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.
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MENTAL ABUSE/NEGLECT
 22VAC40-705-30(D). 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.
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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.
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Circumstances for Reporting
Within 6 weeks of birth, a
healthcare provider makes a
finding:
 Toxicology Studies of child
are positive for controlled
substances
or
 Child was born dependent
and has withdrawal
symptoms
Anytime after a child is born
a healthcare provider
diagnosis is made:
 Child has illness, condition or
disease attributed to in utero
exposure
or
 Child has a Fetal Alcohol
Spectrum Disorder (FASD)
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CPS Reports Completed
Founded
Unfounded
Family
Assessment
TOTAL
reports
completed
2012
4,031
5,518
26,308
35,857
2011
4,023
5,843
24,338
34,204
2010
4,075
5,822
23,418
33,315
Source: VA DSS Online Automated Data Information System (Accountability)
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What to do if you suspect a child is
being abused/neglected:
 Contact the Local Department of Social
Services where the child lives
OR…
 Call the VDSS toll-free CPS Hotline:
1- 800- 552- 7096
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What Information is 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
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Additional Training
CWS 5692: Mandated Reporters: Recognizing and Reporting Child
Abuse and Neglect – Online Generic course for mandated
reporters:
http://www.dss.virginia.gov/family/cps/mandated_reporter
s/cws5692/CWS5692%204.30.12.htm
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Many Thanks to YOU Our Community Partners
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