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Office of Catholic Schools and CentersJune 2013

Child Abuse Reporting Procedures

School/ Center Staff and Volunteer Training

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Legal Descriptive Florida Statues, Chapters 39.201(a)

and (b)protect children, disabled adults and elderly from abuse and neglect.

Abuse is defined as any willful act or threatened act that results in any physical, mental or sexual injury.

Neglect is failure to provide adequate food, clothing, shelter, health care or needed supervision.

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The Law on Reporting Anyone who suspects child abuse

is ethically obligated to report that abuse.

Under Florida statutes 39.201, all persons are LEGALLY obligated to report.

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Legal Issues

Any professional failing to report, or preventing another to report, commits a felony of the third degree and if convicted may be sentenced to a prison term not exceeding five years.

“Child” is defined as an unmarried person under 18 years of age.

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How Does the Law Protect You?

You Are Protected by Florida Law Two Ways-

Immunity from liability Confidentiality

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FS 39.203, Anyone making a report “in good faith” is specifically immune from any civil or criminal liability charges

Immunity from Liability

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Confidentiality The name of a person

who reports abuse will NOT be released to anyone other than the employees of DCF, law enforcement or the state attorney without WRITTEN consent of the person reporting.

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Abuse is not only adult to child.Abuse is not only adult to child.

Abuse can also be child to child.Abuse can also be child to child.

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For your information:

Indicators of Abuse and Neglect A bruise does not necessarily mean

abuse. A bruise and a worrisome explanation

may indicate abuse. A pattern of bruising and worrisome

behavior may indicate abuse.

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Indicators of Abuse and Neglect

CATEGORY CHILD’S APPEARANCE CHILD’S BEHAVIOR CARETAKER’S BEHAVIOR

PHYSICAL ABUSE

Unexpected bruises and welts: on face, lips, mouth on torso, back, buttocks, thighs in various stages of healing reflecting shape of article used to inflict

injury (extension cord, belt, buckle, etc.) on several different surface areas regularly appear after absence, weekend or

vacationUnexpected burns: Cigar, cigarette burns, especially on soles,

palms, back or Buttocks Immersion burns (sock-like, glove-like,

doughnut shaped on buttocks, or genitalia) patterned like electric burner, iron, etc.Rope burns on arms, legs, neck or torsoUnexplained lacerations or abrasions to mouth, lips, gums, eyes external

genitaliaHuman bite marks

Wary of adult contactsApprehensive When other children

cryBehavioral extremes- aggressiveness or withdrawalFrightened of parentsAfraid to of homeReports injury by parents

Has history of abuse as a childUses harsh discipline

inappropriate to child’s age, transgression, and condition

Offers illogical, unconvincing, contradictory, or no explanation of child’s injury

Seems unconcerned about childSignificantly misperceives child

(e.g., sees him as bad, evil, a monster, etc.)

Psychotic or psychopathicMisuses alcohol or other drugsAttempts to conceal child’s

injury or protect identity of person

Responsible

NEGLECT

SEXUAL

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When and How to Report Suspected Abuse or Neglect

REPORT ALL SUSPECTED ABUSE IMMEDIATELY!

To wait until one is SURE may be too late!

Proof is not required to report. Suspicion of abuse = Reasonable

cause

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Best Practices When Reporting Abuse

If abuse of any kind is suspected, a report must be made. The administrator must be informed. The person who suspects the abuse must make the report

personally. The administrator will WITNESS the report. School personnel are required to provide their name to the

Department of Children and Family Services upon filing the report. The name of the individual filing the report will be held confidential and exempt.

Do not investigate. Only obtain the necessary information to identify and report so that DCF Services can conduct the investigation.

Make the report according to the guidelines given to the administrator in the Administrator Procedural Manual on line. The administrator or guidance counselor cannot make the report for another person.

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If administrator or guidance counselor is not available, the staff person MUST make the report IMMEDIATELY and then notify the administrator as soon as possible.

Use the OCSC provided Reporting Form. Forms will be available in school office or your faculty room.

Completion of the form will facilitate reporting and keep a record of the date, time and to whom the report was made, and, with notes detailing the information provided to the abuse hotline.

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DIOCESE OF ST. PETERSBURG

CHILD ABUSE INFORMATION GATHERING/ REPORTING FORM

SCHOOL/CENTER________________________________________ DATE OF REPORT________________________________LOCATION_______________________________________________ INTAKE OFFICER’S ID NUMBER___________________

REPORT ID NUMBER______________________________

REPORTER INFORMATIONLast Name__________________________ First Name_________________________Position____________________________ School Phone Number______________School FaxNumber______________________________Address of School/Center___________________________________City_______________________________FL (zip code)_____________

VICTIM INFORMATIONLast Name__________________________ First Name_________________________Date of Birth__________________Grade_____ Gender____

Race____________________ Social Security Number_______________________________________________________

IS this person a victim? Yes______ No______

Address ________________________________________ _____City_________________________State______(zipcode)_____________Home Phone Number______________________________________

PARENT/GUARDIAN INFORMATIONLast Name__________________________ First Name_________________________Date of Birth__________________ Gender______

Race_______________________________ Social Security Number_________________________________________________________

Is this person a victim? Yes____ No_______Address _________________________________________________ City____________________________________State______________ (zip code)_________________________________Home Phone Number________________________________________________________Place of Employment______________________ Work Phone Number_________________________________________________________

PERSON RESPONSIBLE FOR ALLEGED ABUSE, ABANDONMENT, NEGLECT OR EXPLOITATIONLast Name__________________________ First Name_________________________Date of Birth__________________ Gender________

Race_______________________________ Social Security Number______________________Relationship to child_____________________________________________________________Address _________________________________________________ City________________________State_____ (zip code)_____________Phone Number______________________

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If you wait to report,If you wait to report,

you may put a child you may put a child

in further jeopardy.in further jeopardy.

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After a Report is Filed

Law Enforcement and a DCF case worker are assigned for assessment.

They must begin their investigation within 24 hours of receiving a call.

Often a representative from one or both of these agencies will come to the school to interview the child.

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CONFIDENTIALITY

You may not discuss your suspicions or the report you have filed with anyone

*except the school administrator and/or school guidance counselor as appropriate

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If DCF or Law Enforcement arrives at school –

1. OCSC GUIDELINES ARE IN PLACE.

2. Your administrator will assist.3. Provide only what you know. Do

not speculate.

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RECOMMENDED PROCEDURE REGARDINGDepartment of Children and Families (DCF) School/ Center Site Visit / Meeting

WHEN A DCF REPRESENTIVE VISITS A SCHOOL TO INTERVIEW A CHILD:

THE ADMINISTRATOR (OR THE GUIDANCE COUNSELOR AT THE DISCRETION OF THE PRINCIPAL) MUST CHECK CREDENTIAL

– If there is any concern about the credential, call the DCF office– If there is any concern regarding the visit, call the DCF office– Always indicate that the school wishes to cooperate with DCF and Law Enforcement. However, as a

private school, school policies and procedures must be followed. – Keep in mind that a DCF Investigator is not a “law enforcement officer”. Reference is made to

Chapter 39.301 of the Florida Statutes, and specifically, subsection 12. Unless accompanied by a sworn law enforcement officer, the DCF Investigator may not compel the school to release documents or allow students to be interviewed without parental consent or a Court Order.

• IF THERE IS NO LAW ENFORCEMENT OFFICER PRESENT: – Explain to the DCF Investigator your understanding that they are not a sworn law enforcement

officer (reference F.S. 39.301 above) – Explain that as a private school, a duty exists to the parents that outside contact with students is

prohibited unless the parents consent, or unless a sworn law enforcement officer takes control of the investigation, or unless a valid Court Order has been entered authorizing the DCF Investigator.

– The School acts in loco parentis and just otherwise obtain consent of the parents before allowing the release of information or the interview of students.

– If the DCF Investigator consents to contacting parents about the interview or release of information, then ask the DCF Investigator to wait while you contact the parent. If consent is given, allow the interview or release of information. If no given, explain the parent has declined authority and the DCF Investigator must obtain a Court Order or involve a sworn law enforcement officer.

– In some instances, the DCF Investigator may believe the school is “interfering” with the investigation. Again, reference should be given to the DCF Investigator as to F.S. 39.301 and Diocesan Legal Counsel should be contacted.

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Your Responsibility: To report abuse as mandated by law to

the Florida Abuse Hotline IMMEDIATELY!

To provide a safe place for the child within the school as appropriate.

To provide a private place for in-school interviews.

To participate in the DCF interview if requested by the student/ parent and agreed upon by DCF and/ or Law Enforcement

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Support is available…

Do not hesitate to call the OCSC. We will walk you through these steps!

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Thank you for your attention!