Mandated Reporters - Magellan of Virginia

Child Protective Services
(CPS)
An Overview of Mandated Reporting in
Virginia
Purpose of CPS
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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
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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
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Medical professionals such as doctors, nurses,
interns, emergency medical responders
Social workers, probation officers, eligibility
workers, CASA, mental health providers,
mediators
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Teachers, child care providers
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Law enforcement, animal control officers
Staff in residential centers or group homes
Anyone who receives approved training
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Factors Associated with Child
Maltreatment
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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
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Child under 18 years of age
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Abuser is in caretaker role
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Abuse or neglect occurred in Virginia (Jurisdiction)
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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
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Burns
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Bruises, Cuts etc.
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Sprains
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Bizarre Discipline
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Gunshot
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Bone Fracture
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Internal Injuries
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Head Injury
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Poisoning
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Stabbing
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Munchausen Syndrome by Proxy
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Traumatic Inflicted Brain Injury
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Exposure to Sale or Manufacture of Certain
Controlled Substances
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PHYSICAL NEGLECT
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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
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Corporal Punishment
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Abuse or Accident?
“Latchkey” children
Medical Care
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Outside Scope of CPS
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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
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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
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Strengthen and
support families
Assess risk of
future maltreatment
Prevent further
abuse
Investigation
 Assess child safety
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Strengthen and
support families
Assess risk of
future maltreatment
Prevent further
abuse
Determine if abuse
or neglect occurred
Disposition
Founded:
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Reveals by a
preponderance of
the evidence that
abuse or neglect
occurred.
Right to Appeal.
Name in Central
Registry:
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Three years
Seven years
Eighteen years
Unfounded:
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Reveals
insufficient
evidence that
abuse or
neglect
occurred.
Does not mean
it did not occur.
One year
retention.
Family Assessment
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No finding of abuse or neglect is made
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Emphasis and focus is on what does
family need versus did the abuse or
neglect occur
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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
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Identifying information such as names, dates of
birth, address, school information, siblings. It is
important to provide as much information as
possible.
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Nature and extent of the abuse/neglect, including
any knowledge of prior maltreatment.
Is there a family member who can protect?
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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