With an Overview of the Memorandum of Understanding

Between the Department of Education (DOE) and the Department of Services for Children, Youth and Their Families (DSCYF)

DEVELOPED BY THE CHILD PROTECTION ACCOUNTABILITY COMMISSION (CPAC)School Training - August 2012

HOW TO IDENTIFY AND REPORT CHILD ABUSE AND

NEGLECT IN DELAWARE

HOW MANY CHILDREN ARE UNSAFE BECAUSE THEY ARE ABUSED OR

NEGLECTED?

National Statistics• In FFY 2009, 3.3

million allegations of child abuse and neglect were reported.

• 25% of the investigations determined at least one child was abused or neglected.

• In FFY 2009, 1,770 children died as a result of abuse or neglect.

Delaware Statistics• The Division of

Family Services received 14,010 reports in FY 2011.

• Of those, 7,358 (53%) met the criteria for investigation.

• 1,651 reports were substantiated.

Source: DHHS, ACF Child Maltreatment 2009;Family Services Intake and Investigation Statistics

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DIVISION OF FAMILY SERVICESCHILD ABUSE & NEGLECT REPORT LINE

24/7 1-800-292-9582

HOW DO I RECOGNIZE CHILD ABUSE AND

NEGLECT?

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CHILD ABUSE

As defined in 10 Del.C. § 901(1), “Abuse” or “abused child” means that the person:- Causes or inflicts sexual abuse on a child; or- Has care, custody, or control of a child, and

causes or inflicts:

• Physical injury through unjustified force as defined in § 468 of Title 11;

• Emotional abuse;

• Torture;

• Exploitation; or

• Maltreatment or mistreatment

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UNJUSTIFIED FORCE INCLUDES BUT IS NOT LIMITED TO:

Throwing the child, kicking, burning, cutting, striking with a closed fist;

Interfering with breathing;

Use of or threatened use of a deadly weapon;

Prolonged deprivation of sustenance or medication, or doing any other act that is likely to cause or does cause physical injury, disfigurement, mental distress, unnecessary degradation or substantial risk of serious physical injury or death.

NEGLECT

As defined in 10 Del. C. § 901 (18) "Neglect" or "neglected child" means that a person:

a. Is responsible for the care, custody, and/or control of the child; andb. Has the ability and financial means to provide for the care of the child; and….

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NEGLECT (CONT.)

1. Fails to provide necessary care with regard to: food, clothing, shelter, education, health, medical or other care necessary for the child's emotional, physical, or mental health, or safety and general well-being; or

2. Chronically and severely abuses alcohol or a controlled substance, is not active in treatment for such abuse, and the abuse threatens the child's ability to receive care necessary for that child's safety and general well-being, or

3. Fails to provide necessary supervision appropriate for a child when the child is unable to care for that child's own basic needs or safety, after considering such factors as the child's age, mental ability, physical condition, the length of the caretaker's absence, and the context of the child's environment.

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SEXUAL ABUSE

As defined in 10 Del.C.§901(21), "Sexual abuse" means any

act against a child that is described as a sex offense in §

761(h) of Title 11 including: • Sexual Harassment• Indecent Exposure• Incest• Unlawful Sexual Contact• Rape• Sexual Abuse of a Child by a Person in a Position of

Trust, Authority or Supervision. • Sexual Exploitation of a Child• Dealing in Child Pornography

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DETERMINING AGE OF CONSENT FOR SEXUAL CONTACT

Consensual sexual contact between two minors does not require a mandatory report, even if that sexual contact results in a pregnancy.

Suspected sexual behavior by force or coercion against a minor (even by another minor) must be reported.

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DETERMINING AGE OF CONSENT FOR SEXUAL CONTACT (CONT’)

18 years and older: Can consent to sexual contact with other adults. Except:

When the victim suffers from a cognitive disability, mental illness or mental limitation which renders the victim incapable of appraising the nature of the sexual conduct or incapable of consenting;

If force or coercion occurred on school grounds or at a school function; or

If sexual contact occurred between a student and a school employee, then a school employee must report to the school administrator or designee.

Additionally, all of these incidents require a report to the police.

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DETERMINING AGE OF CONSENT FOR SEXUAL CONTACT (CONT’)

16 and 17 year-olds: Can consent to sexual contact with someone who is under 30 years of age.

12-15 year-olds: Can ONLY consent to sex with someone who is no more than 4 years older than the child.

Under 12 years-old: Children under 12 years old CANNOT legally consent to sexual contact. All of these cases MUST be reported.

Children CANNOT legally consent to sexual contact with anyone who is in a position of authority (e.g. family member, babysitter, coach, teacher, doctor, clergy, etc.).

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ENHANCED PENALTIES FOR CRIMES ASSOCIATED WITH

SEXUAL ABUSE OF CHILDREN

Title 11 of the Delaware Code Relating to Crimes Against Children and Specific Offenses was amended on June 30, 2010 to clarify who is in a position of trust, authority or supervision over a child and to enhance the penalties for committing such offenses.

The provisions of the present criminal code concerning rape and unlawful sexual conduct that contain “position of trust” were also consolidated as a single crime known as "sexual abuse of a child by a person in a position of trust, authority or supervision."

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EMOTIONAL MALTREATMENT Emotional abuse - defined as threats to

inflict undue physical or emotional harm, and it may also include chronic or recurring incidents of ridiculing, demeaning, and making derogatory remarks.

Emotional neglect - defined as incidents of isolating/shunning, rejecting or ignoring the child.

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DEPENDENCY

10 Del. C. § 908 (8) "Dependency" or "dependent child" means that a person:

a. Is responsible for the care, custody, and/or control of the child; andb. Does not have the ability and/or financial means to provide for the care of the child; and…

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DEPENDENCY (CONT.)

1. Fails to provide necessary care with regard to: food, clothing, shelter, education, health care, medical care or other care necessary for the child's emotional, physical or mental health, or safety and general well-being; or

2. The child is living in a nonrelated home on an extended basis without the consent and approval of the DSCYF or any agency or court licensed or authorized to place children in a nonrelated home; or

3. The child has been placed with a licensed agency which certifies it cannot complete a suitable adoption plan.

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DEPENDENCY INCLUDES

Child Living in a Non-Related Home Inability to Complete Adoption Plan Out-of-State Runaway Abandoned Infant (Safe Arms)

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SAFE ARMS FOR BABIES 1-800-262-9800

Safe Arms for Babies allows a parent to go to any Delaware hospital emergency department and leave their newborn (14 days old or younger) with any emergency department staff or volunteer.

Provides immunity from criminal prosecution for abandonment provided the baby is alive, unharmed and brought into a hospital emergency department.

Detailed information can be found at the Division of Public Health’s website:http://www.dhss.delaware.gov/dhss/dph/chca/dphahsab01.html

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SUBSTANCE ABUSE & DOMESTIC VIOLENCE

RISK FACTORS ASSOCIATED WITH ABUSE AND NEGLECT

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SUBSTANCE ABUSE

•Parental addiction is a significant factor in child abuse and neglect cases, with studies suggesting 40% to 80% of families in the child welfare system are affected by addiction. 

•Data indicates that abused and neglected children from substance abusing families are more likely to be placed in foster care and to remain there longer than maltreated children from non-substance families.

SOURCE: CWLA NATIONAL FACT SHEET 2008

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SUBSTANCE ABUSE (CONT.)

ENDANGERING THE WELFARE OF A CHILD 11 DEL. C. § 1102(A)(5)

(5) The person commits the offense of Driving Under the Influence as set forth in § 4177 of Title 21, or the offense of Operating a Vessel or Boat Under the Influence as set forth in § 2302 of Title 23, and during the commission of the offense knowingly permits a child less than 18 years of age to be a passenger in or on such vehicle, vessel or boat.

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DOMESTIC VIOLENCE Delaware law does not mandate reports of

DV to law enforcement for adult victims.

DV cases involving children are mandated reports to DFS when the DV is chronic or severe/escalating and impairs the caregiver’s ability to keep the child safe.

In Delaware, there are a variety of services to help victims of DV including 24 hour hotlines that can provide crisis intervention, resources, legal remedies and safety planning. 

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WHEN CHILDREN ARE INVOLVED IN DOMESTIC VIOLENCEReport cases to DFS of child abuse when a:

Child is injured during an incident of domestic violence.

Child is not injured but is at risk of injury, such as witnessing domestic violence where a weapon or a potentially dangerous object has been used or where a child has attempted to physically intervene in a manner that puts the child in danger of being injured.

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WHEN CHILDREN ARE INVOLVED IN DOMESTIC VIOLENCE (CONT’)Report cases to DFS of emotional harm to a

child due to domestic violence when a:

Child is aware of DV (either chronic or single incident) perpetrated against his/her caregiver by a domestic partner and that involves a significant injury to the victim or use of weapon; AND

Child has a diagnosed mental health condition or behaviors that signify severe psychological harm.

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DOMESTIC VIOLENCE SERVICES Child Inc.'s Domestic Violence

ProgramNew Castle County (Bilingual): 302-762-6110

SAFE Program at People's PlaceKent and Sussex Counties: 302-422-8058Northern Kent County: 302-678-3886

Abriendo Puertas Bilingual HotlineSussex County: 302-745-9874

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HOW DO I REPORT CHILD ABUSE &

NEGLECT?

DIVISION OF FAMILY SERVICESCHILD ABUSE & NEGLECT REPORT

LINE24/7 1-800-292-9582

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TITLE 16, SUBSECTION 903 OF THE DELAWARE CODE STATES:

“Any person, agency, organization or entity who knows or in good faith suspects child abuse or neglect shall make a report in accordance with § 904 of this title.…”

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16 Del.C. §908 (a) states that

“Anyone participating in good faith in the making of a report or notifying police officers pursuant to this chapter, performing a medical examination without the consent of those responsible for the care, custody and control of a child pursuant to § 906(b)(5) of this title, or exercising emergency protective custody in compliance with § 907 of this title, shall have immunity from any liability, civil or criminal, that might otherwise exist,…”

CAN I BE HELD LIABLE FOR MAKING A REPORT ABOUT

CHILD ABUSE AND NEGLECT?

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There is a penalty for not reporting.

16 Del. C. § 914. Penalty for violation. a) Whoever violates §903 of this title shall be liable

for a civil penalty not to exceed $10,000 for the first violation, and not to exceed $50,000 for any subsequent violation.

b) In any action brought under this section, if the court finds a violation, the court may award costs and attorneys' fees.

CAN ANYTHING HAPPEN TO ME IF I DO NOT REPORT CHILD

ABUSE AND NEGLECT?

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•If you observe physical or behavioral indicators, ask Minimal Fact Questions, such as :

– What happened?– When did that happen?– Where did that happen?– Did you tell anyone what happened?

•Write down child’s exact words if you must speak to child.•If the child is unable to communicate, then make the report based on your observations of the physical and/or behavioral indicators.

WHAT SHOULD YOU DO IF YOU SUSPECT CHILD ABUSE OR

NEGLECT?

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Avoid •Expressing disbelief, shock or anger, etc.

•Value judgments and accusatory statements

Thank the child for telling you and tell the child it is not his/her fault.

Tell the child you have to report the abuse to a professional.

WHAT SHOULD YOU DO IF YOU SUSPECT CHILD ABUSE OR

NEGLECT? (CONT.)

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1. Do not interview the child multiple times.

2. Do not take pictures of the injuries or ask the child to undress. (Exception – medical providers)

3. Do not notify the parent/caretaker you are making a report.

WHAT SHOULD YOU DO IF YOU KNOW/SUSPECT CHILD ABUSE

OR NEGLECT? (CONT.)

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WHAT INFORMATION IS NEEDED TO MAKE A REPORT?

• Demographics;• Known information about the parents or siblings;• Known information about the alleged child victim’s physical

health, mental health, educational status;• Information regarding medical attention that may be needed

for injuries; • Any information you have about the way the caregiver’s

behavior is impacting the care of the child; and• Known information that could put the child’s or DFS worker’s

safety in peril such as the presence of alcohol, drugs, weapons, dangerous animals or criminal behavior.

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CHILD ABUSE REPORT LINE To report suspected child abuse or neglect in

Delaware call the 24 Hour Division of Family Services (DFS) Report Line at 1-800-292-9582.

Delaware’s 800# is a national and statewide number. Reports should not be made to local DFS offices.

Spanish translation is available 24/7.

DFS also accepts written reports and walk-in reports.

Calls are digitally recorded for random quality assurance reviews.

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Magic words are “I want to make a report.”

If unsure, DFS needs to be the decider. It’s okay to call the Report Line and discuss what you know.

The person who spoke to or observed the child should make the report because it is required by statute and the Report Line may have questions about the child’s disclosure or condition.

DFS may have information about the family you don’t know about.

You will be informed at the time of your call whether the report has been accepted or not for investigation or you should receive a call back within 24 hours, if you provide your name.

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CHILD ABUSE REPORT LINE (CONT’)

THREE QUESTIONS THAT WILL BE ASKED OF THE REPORTER

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What are you

worried about?

What is working

well?

What needs to happen

next?

WHAT ARE YOU WORRIED ABOUT?

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GENERALIZATIONS VS. BEHAVIOR AND IMPACT

• How do you know?• What are the caregiver behaviors associated with it?• When do those behaviors show themselves?• How do those behaviors impact the child?• How did you find out?• What does the child know?• What has the child seen?• What are you worried is happening or will happen?

“She is mentally ill.”

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WHAT IS WORKING WELL?

If DFS does not know “what is working well” they cannot know

how worried to be.

Questions will be asked that rigorously surface the history of protection—and how this can be

applied to the safety of the children going forward.

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• To Keep the Child Safe, AND

• To Help the Family.

WHAT NEEDS TO HAPPEN NEXT?

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THE DIVISION OF FAMILY SERVICES

Receives reports for all children in the State of Delaware that have been abused or neglected.

Then DFS will do one of three things: 1. Accept the report and investigate the allegations or

conduct a family assessment; or

2. Refer the report to law enforcement for investigation;

or

3. Document the report, but not investigate the

allegations. 41

NEW DFS RESPONSE TIMES

Investigation Response Times

Priority One – Within 24 hoursPriority Two – Within 72 hoursPriority Three – Within 10 days

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MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN DOE AND DSCYF

The entire MOU can be found at:http://www.doe.k12.de.us/DDOEDSCYFMOU.pdf

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OVERVIEW OF THE MOU

• Ensures Compliance with 14 DE Code § 4123, which requires full-time teachers to receive 1 hour of training every year in the detection and reporting of child abuse;

• Establishes Each Discipline’s Roles and Responsibilities in the Reporting and Investigation of Child Abuse;

• Enhances Case Collaboration and Information Sharing;• Delineates McKinney- Vento Protections;• Establishes a Protocol for Transition to/from DSCYF to

Local Education Agencies (LEAs) and Charter Schools; and • Addresses Confidentiality and Dispute Resolution.

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ROLES AND RESPONSIBILITIES: CHILD ABUSE REPORTING

Local Education Agencies/Charter Schools shall:• Report suspicion of abuse or neglect;• Make a new report each time abuse or neglect is

suspected;• School employee who spoke to or observed the

child shall make the call to the report line.• Fax or mail the Mandatory Reporting Form to DFS

within 72 hours for documentation.

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ROLES AND RESPONSIBILITIES: CHILD ABUSE INVESTIGATION

Division of Family Services will respond as follows for reports initiated by the

school: • Never release the source of the report;• Decide whether or not to initiate the investigation

on-site at the school;• Contact the school about the expected response

time;• Report to the school’s main office and provide ID, if

a school response is warranted;• Contact law enforcement for reports that would

constitute a criminal violence against a child and may request a police response at the school or for the police to transport the child to the hospital;

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ROLES AND RESPONSIBILITIES: CHILD ABUSE INVESTIGATION(CONT’)

Division of Family Services will respond as follows for reports initiated by the

school: • Discuss the interview process with the reporter and

conditions under which school personnel could be present;

• Interview the child; • Observe and photograph a child’s physical injuries

in the school environment; • Never conduct a physical assessment of a child

alleging sexual abuse;• Never transport a child without legal custody,

temporary emergency protective custody or a signed parental/legal guardian’s consent;

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ROLES AND RESPONSIBILITIES: CHILD ABUSE INVESTIGATION(CONT’)

Division of Family Services will respond as follows for reports initiated by the school:

• Authorized to take Temporary Emergency Protective Custody of a child from a school, day care facility, or child care facility; and

• Permitted to inform the reporter about the following: - DFS responded, the child is safe or the child was placed;- Who is allowed to have contact with child;- Explain if there is something school should be doing; - Who school should call if something else happens; and- When the child’s placement changes if the child was

placed out of home.

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ROLES AND RESPONSIBILITIES: CHILD ABUSE INVESTIGATION(CONT’)

Division of Family Services will respond as follows for reports initiated by other sources:

• Decide whether or not to initiate the investigation at the school; • Attempt to contact the school about the expected response

time;• Report to the main office and provide ID if a school response is

warranted;• May request that the school nurse assist with the physical

assessment of the child, but will not request the nurse to complete the physical assessment prior to the DFS response; and

• Wellness Center reports will be handled as external reports, but the school may be contacted to obtain information.

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MULTIDISCIPLINARY RESPONSETO REPORTS

DFS and/or law enforcement will conduct an investigation for any report that involves an offense against a child.

The Department of Justice (DOJ) will decide if there is enough evidence to prosecute criminally or civilly.

Whenever appropriate, cases will also be referred to the Children’s Advocacy Center (CAC) for a forensic interview, medical exam and/or mental health screening.

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HOW CAN INFORMATION BE SHARED?

• In general, DFS will share information only when there is a signed release of information (informed, time limited consent).

• DFS, law enforcement, the CAC, and the DOJ exchange information on families and children when this information is needed to assist an investigation involving a shared client.

CASE COLLABORATION AND INFORMATION SHARING

For Active DFS Investigations:• Verbal or written consent of a parent/legal

guardian or relative caregiver is not required for DFS to investigate allegations of abuse, neglect or dependency or to interview a child.

• Information sharing is encouraged once the investigation has begun.

• No identified DFS caseworker → Contact the Report Line and leave name and number

• Identified DFS caseworker → Contact the caseworker directly

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CASE COLLABORATION AND INFORMATION SHARING (CONT’)

For Active DFS Treatment Cases:• Information can be exchanged with a consent.

• No identified DFS caseworker → Contact the Report Line and leave name and number

• Identified DFS caseworker → Contact the caseworker directly

• DFS caseworker will contact the school periodically to assess the child’s educational status

* For more information about the DFS Investigation and Treatment process, please review the DFS

Primer: http://kids.delaware.gov/pdfs/DFSPrimer.pdf

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CONFIDENTIALITY

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• DSCYF and each LEA/Charter School will comply with the relevant laws and regulations that govern confidentiality.

• DSCYF and each LEA/Charter School will provide information to each other which is not specifically protected in order to ensure the successful support of children and families.

• DSCYF and each LEA/Charter School will make concerted efforts to ensure that parents/guardians understand the importance of sharing information for the success of their child.

• Laws related to Confidentiality:• Child Abuse Prevention and Treatment ACT

(CAPTA)• Family Educational Rights and Privacy Act

(FERPA).• Health Insurance Portability and Accountability

Act (HIPAA)

WHAT HAPPENS WHEN A STUDENT ENTERS FOSTER CARE?

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In Delaware, all children in foster care are eligible for the protections and provisions

under the McKinney- Vento Homeless Assistance Act .

MCKINNEY-VENTO PROTECTIONS

Local Education Agencies/Charter Schools shall:

• Ensure that children in foster care placement are provided the benefits of the McKinney-Vento Act for homeless children.

• Provide transportation to the foster child’s school of origin when in the child’s best interest.

• Use the Determining Feasibility of School Placement Form

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MCKINNEY-VENTO PROTECTIONS(CONT’)

Department of Services for Children, Youth, and Their

Families (DSCYF) shall:

• Enroll a child in foster care in school immediately after a decision in a Best Interest Meeting.

• Request a meeting with the school when there is a change in foster care placement.

• Provide/arrange transportation until LEA transportation to school of origin is established.

• Provide necessary information and documents. • Request an Educational Surrogate Parent if appropriate.• Attend an end of year Best Interest Meeting in May/June.

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MCKINNEY-VENTO PROTECTIONS (CONT’)

Local Education Agencies/Charter Schools shall:

• Enroll a child in foster care in the new school within 2 school days of referral (after a Best Interest Meeting) even if DSCYF is unable to produce records.

• Transfer of records promptly.

• Ensure that sending school fully transfers credits, including partial credits.

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MCKINNEY-VENTO PROTECTIONS (CONT’)

Local Education Agencies/Charter Schools shall:

• Accept DSCYF letterhead as proof of residency.

• Accept registration materials from DSCYF case workers via fax or electronically and schedule a meeting or teleconference with DSCYF.

• Host meetings with necessary parties as needed.

• Host the Best Interest Meeting in May/June.

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WHAT IF A STUDENT TRANSITIONS TO A DSCYF

SCHOOL PROGRAM?

60

DOE and DSCYF have developed a protocol to ensure that children successfully

transition to/from DSCYF school programs including licensed or contracted providers..

TRANSITION TO/FROM DSCYF TO LEAS AND CHARTER SCHOOLS

61

• The protocol establishes the following: - Specific timeframes for meetings- Purposes of each meeting- Necessary participants- Actions to be taken- Information to be shared

• “Protocol for Transition to/from DSCYF Programs to LEA or Charter Schools”

TRANSITION TO/FROM DSCYF TO LEAS AND CHARTER SCHOOLS (CONT’)

62

• Four timeframes for Transition Meetings are identified:

- Before Admission to DSCYF School Programs Consents signed School information shared ASAP, but no later

than 3 school days Notify District of Admission Date into program

and date of initial meeting- Initial Educational Planning Meeting

No later than 30 days after admission Submit Completed Educational Intake/Update

(EIU) Form and educational records Schedule future Educational Planning Review

Meetings

TRANSITION TO/FROM DSCYF TO LEAS AND CHARTER SCHOOLS (CONT’)

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- Educational Planning Reviews DSCYF notifies school representative of dates Update EIU for each review Include face to face contacts with school

representative Approximate discharge projections conveyed

to school personnel- Discharge Planning from DSCYF School

Programs No less than 2 weeks before discharge Identify services that need to be provided by

receiving school as soon as possible Evaluate for special education services, or IEP

needs to be changed

WHAT HAPPENS IF REPRESENTATIVES FROM THE TWO

DEPARTMENTS CANNOT AGREE?

All attempts should be made to resolve disputes at the LEA/Charter School level with the District Liaison and appropriate DSCYF liaison.

When disputes cannot be resolved, they shall be referred, in writing, to the Secretary of Education who may appoint a designee and the appropriate DSCYF Administrator as follows:

- DPBHS – Director of Clinical Services- DFS – Administrator of the Office of Children’s Services- DYRS – DMSS Supervisor of Educational Services 64

CHILD WELFARE TRAININGS AND RESOURCES

Guidelines for Responding to Teen Dating and Guidelines for Responding to Teen Dating and Sexual Violence in Delaware Sexual Violence in Delaware

SchoolsSchools• To obtain a copy of the guidelines:

courts.delaware.gov/childadvocate/cpac_teenreporting.stm• For more information, please contact the Domestic Violence

Coordinating Council (DVCC) at 302-255-0405.

Darkness to Light’s Stewards of ChildrenDarkness to Light’s Stewards of Children • For more information: www.stewardsofchildrendelaware.org• Onsite Training: Please contact Nikki Mowbray by email at

mowbray@ymcade.org or call 302- 472-YMCA ext. 25.• Online Training: Available at darkness2light.org.

School-Based Personal Safety Programs for School-Based Personal Safety Programs for ChildrenChildren

• For more information: www.pcadelaware.org/programs/• Onsite Training: Please contact Prevent Child Abuse Delaware at 302-425-7490.

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Questions?

Who?

What ?

When?

Where ?

How?

Why?