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Mandated Reporter
Training


Department of Human Services

                               1
Topics covered in training today
 Who should report child maltreatment?
 Who is mandated to report child
  maltreatment?
 How/where do you report?
 Will anyone know that you made the
  report to the Child Abuse Hotline?
 What are the time frames for reporting?
 What happens if a mandated reporter
  doesn’t report?                           2
Who should report Child
Maltreatment?
   Any person may immediately notify the
    Child Abuse Hotline if he or she
     Has  reasonable cause to suspect that child
      maltreatment has occurred or a child has died
      as a result of child maltreatment
     Observes a child being subjected to
      conditions or circumstances that would
      reasonably result in child maltreatment
     Ark. Code Ann. 12-18-401
                                                  3
Who is Mandated to Report Child
Maltreatment?
   Any child care worker or         An employee working under
    foster care worker                contract for the Division of
   A coroner                         Youth Services of the DHS
   A day care center worker         Any foster parent
   A dentist                        A judge
   A dental hygienist               A law enforcement official
   A domestic abuse advocate        A licensed nurse
   A domestic violence shelter      Any medical personnel who
    employee                          may be engaged in the
                                      admission, examination,
   A domestic violence shelter
                                      care or treatment of persons
    volunteer
   An employee of DHS
                                                                 4
                                                                 4
Mandated Reporters
Ark. Code Ann. 12-18-402(b)
   A mental health             A teacher
    professional                CASA staff member or
                                 volunteer
   An osteopath
                                A juvenile intake or
   A physician                  probation officer
   A prosecuting attorney      Clergy, with some
                                 restrictions
   A resident intern
                                An employee of a child
   A school counselor           advocacy or safety center
   A school official           An attorney ad litem in the
   A social worker              course of his or her duties
                                 as an AAL
   A surgeon
                                                               5
                                                               5
Mandated Reporters
Ark. Code Ann. 12-18-402(b)
  Sexual abuse advocate or sexual abuse         Child abuse advocate
   volunteer who works with a victim of
                                                  or volunteer (including
   sexual abuse as an employee of a
   community-based victim service or mental       persons based with
   health agency such as Safe Places,             LLE) who works with
   United Family Services, or Centers for         victim or abuse or
   Youth and Families
                                                  maltreatment
  A sexual abuse advocate or sexual abuse
   volunteer who includes a paid or volunteer    Victim assistance
   sexual abuse advocate who is based with        professional or
   a local law enforcement agency                 volunteer
  Rape crisis advocate or rape                  Employee of Crimes
   crisis volunteer                               Against Children
  Victim/witness coordinator                     Division of Ark. State
                                                  Police                 6

                                                                         6
What is a “school?”
   DHS has proposed defining a “school” as
    any
     Elementary   school, junior high school, or high
      school
     Technical institute or post-secondary
      vocational-technical school; or
     Two-year or four-year college or university



                                                         7
Who is a “school official?”
   DHS has proposed defining a “school
    official” as any person authorized by the
    school to exercise authority over students




                                                 8
How/where do you report Child
Maltreatment?
   Two ways
     Phone   or
     Fax




                                9
Child Abuse Hotline
Ark. Code Ann. 12-18-301
   The Child Abuse Hotline is a unit established within
    the Department of Human Services or its designee
    with the purpose of receiving and recording
    notifications and reports under this chapter
   The Child Abuse Hotline shall be staffed twenty-four
    (24) hours per day and shall have statewide
    accessibility through a toll-free telephone number
   The toll-free telephone number under this section
    shall be known as the “Child Abuse Hotline”
   All persons whether a mandated reporter or not,
    may use the Child Abuse Hotline to report child
    maltreatment or suspected child maltreatment
   Hotline number is 1-800-482-5964
                                                       10
Fax Option for Mandated Reporters to
Report to the Child Abuse Hotline
   As prescribed under this section, a mandated reporter under this chapter
    may report child maltreatment or suspected child maltreatment by telephone
    call, facsimile transmission, or online reporting.
   Facsimile transmission and online reporting may be used in nonemergency
    situations by an identified mandated reporter under this chapter who
    provides the following contact information:
        (1) Name and phone number; and
        (2) In the case of online reporting, the email address of the identified mandated reporter under this chapter.
   The Child Abuse Hotline shall provide confirmation of the receipt of a
    facsimile transmission via a return facsimile transmission or via online
    receipt.
   A mandated reporter under this chapter who wishes to remain anonymous
    shall make a report through the Child Abuse Hotline toll-free telephone
    system.
   Ark. Code Ann. § 12-18-302.
                                                                                                                     11
Where do you find the fax form to
Report to the Child Abuse Hotline?
   http://www.arkansas.gov/reportARchildabuse/r

   Fax to: 1-501-618-8952
    Fax report is for mandated reporters only
    Fax Form is for mandated reporters to make reports of a
    non-emergency nature only




                                                          12
What information do you need
to make the Report?
   What happened
   Enough information to locate the child
   Also helpful to know:
       Name, age of child
       Caregiver’s name & address
       County where incident occurred or child resides
       How the person calling knows the family
       Whether the child has injuries
       When the child was last seen and by whom



                                                          13
And this information makes the
investigation go even faster
   Names of others in the home
   Where the child is located now
   Whether there are safety concerns in the home
    (alcohol, drugs, weapons, etc.)
   Who else knows or was told of the situation
   Whether there has been a report made to local
    police


                                                    14
Will anyone know you made the report
to the Child Abuse Hotline?
   Your identity is kept confidential and will not be
    released unless a judge orders the information
    to be released. The judge must look at the
    information and find reason to believe the
    reporter knowingly made a false report
   The Prosecuting Attorney and law enforcement,
    upon request, can obtain the name of the person
    who made the hotline report
   Ark. Code Ann. 12-18-502
                                                    15
Will the alleged offender or
parent know you called?
   Sometimes the alleged offender or parent is able to
    figure out who made the hotline report. If the alleged
    offender or parent does guess who called, that will NOT
    be confirmed by the investigator.




                                                          16
What are the time frames for
reporting?
   Immediately for persons who are
    mandated reporters
   An individual listed as a mandated reporter under this subsection shall immediately
    notify the Child Abuse Hotline if he or she:
      Has reasonable cause to suspect that a child has
             been subjected to child maltreatment; or

             has died as a result of child maltreatment; or

      Observes a child being subjected to conditions or circumstances that would
         reasonably result in child maltreatment
      Ark. Code Ann. 12-18-402(a)




                                                                                          17
What happens if a mandated
reporter doesn’t report?
 Can the mandated reporter tell someone
  else who makes the hotline report?
 Failure to directly report has civil and
  criminal consequences




                                             18
Can the school review the allegation before
someone calls the Child Abuse Hotline?
   12-18-204. Unlawful restriction of child abuse reporting.

     (a) (1) A person employed at a school, Head Start program, or day care facility commits the offense of unlawful
    restriction of child abuse reporting if he or she:

        (A) Prohibits a mandated reporter under this chapter from making a report of child maltreatment or suspected
    child maltreatment to the Child Abuse Hotline;

        (B) Requires that a mandated reporter under this chapter receive permission from the person before the
    mandated reporter makes a report of child maltreatment or suspected child maltreatment to the Child Abuse
    Hotline; or

       (C) Knowingly retaliates against a mandated reporter under this chapter for reporting child maltreatment or
    suspected child maltreatment to the Child Abuse Hotline.

      (2) Nothing in this section shall prohibit any person or institution from requiring a mandatory reporter employed
    or serving as a volunteer for a person or institution to inform a representative of that person or institution that the
    reporter has made a report to the Child Abuse Hotline.

    (b) Unlawful restriction of child abuse reporting is a Class A misdemeanor.




                                                                                                                         19
§ 12-18-201. Failure to notify by a
mandated reporter in the first degree
   (a) A person commits the offense of failure to notify by a mandated reporter in the first
    degree if he or she:
        (1) Is a mandated reporter under this chapter;
        (2) Has:
            (A) Reasonable cause to suspect that a child has been subjected to child

               maltreatment;
            (B) Reasonable cause to suspect that a child has died as a result of child

               maltreatment; or
            (C) Observes a child being subjected to conditions or circumstances that would

               reasonably result in child maltreatment; and
        (3) Knowingly fails to notify the Child Abuse Hotline of the child maltreatment or suspected
         child maltreatment.
   (b) Failure to notify by a mandated reporter in the first degree is a Class A
    misdemeanor.




                                                                                                    20
§ 12-18-202. Failure to notify by a
mandated reporter in the second degree
   (a) A person commits the offense of failure to notify by a mandated reporter in the
    second degree if he or she:
        (1) Is a mandated reporter under this chapter;
        (2) Has:
              (A) Reasonable cause to suspect that a child has been subjected to child maltreatment;
              (B) Reasonable cause to suspect that a child has died as a result of child maltreatment; or
              (C) Observes a child being subjected to conditions or circumstances that would reasonably result in
               child maltreatment; and
        (3) Recklessly fails to notify the Child Abuse Hotline of the child maltreatment or suspected
         child maltreatment.
   (b) Failure to notify by a mandated reporter in the second degree is a Class C
    misdemeanor.




                                                                                                                 21
§ 12-18-206. Civil liability for
failure to report
   A person required by this chapter to make a
    report of child maltreatment or suspected child
    maltreatment to the Child Abuse Hotline who
    purposely fails to do so is civilly liable for
    damages proximately caused by that failure.




                                                      22
Immunity from Liability
Ark. Code Ann. 12-18-107
   A person or agency required by this chapter to
    report suspected child maltreatment who acts in
    good faith in making notification, the taking of a
    photograph or radiological test, or the removal of a
    child while exercising a seventy-two hour hold is
    immune to suit and to civil and criminal liability.
   If acting in good faith, a person making notification
    not named in this section is immune from liability
   A publicly supported school, facility, or institution
    acting in good faith by cooperating with the
    investigative agency under this chapter shall be
    immune from civil and criminal liability

                                                            23
Immunity from Liability
   12-18-207. Judicial and prosecutorial
    disclosure.

    A judge or prosecuting attorney who fails
    to make a report when required by this
    chapter is immune from criminal and civil
    liability under this chapter.


                                                24
What is Child Maltreatment?
Ark. Code Ann. 12-18-103(6)
   Child Maltreatment means abuse, sexual
    abuse, neglect, sexual exploitation, or
    abandonment




                                              25
Training for Mandated
Reporters
   Call the Arkansas Commission on Child
    Abuse, Rape & Domestic Violence at
    (501) 661-7975 or email
    williamsonsherryj@uams.edu




                                            26
Questions?




   The end

              27

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Mandated reporter tng for child mal 2011 (2)

  • 2. Topics covered in training today  Who should report child maltreatment?  Who is mandated to report child maltreatment?  How/where do you report?  Will anyone know that you made the report to the Child Abuse Hotline?  What are the time frames for reporting?  What happens if a mandated reporter doesn’t report? 2
  • 3. Who should report Child Maltreatment?  Any person may immediately notify the Child Abuse Hotline if he or she  Has reasonable cause to suspect that child maltreatment has occurred or a child has died as a result of child maltreatment  Observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment  Ark. Code Ann. 12-18-401 3
  • 4. Who is Mandated to Report Child Maltreatment?  Any child care worker or  An employee working under foster care worker contract for the Division of  A coroner Youth Services of the DHS  A day care center worker  Any foster parent  A dentist  A judge  A dental hygienist  A law enforcement official  A domestic abuse advocate  A licensed nurse  A domestic violence shelter  Any medical personnel who employee may be engaged in the admission, examination,  A domestic violence shelter care or treatment of persons volunteer  An employee of DHS 4 4
  • 5. Mandated Reporters Ark. Code Ann. 12-18-402(b)  A mental health  A teacher professional  CASA staff member or volunteer  An osteopath  A juvenile intake or  A physician probation officer  A prosecuting attorney  Clergy, with some restrictions  A resident intern  An employee of a child  A school counselor advocacy or safety center  A school official  An attorney ad litem in the  A social worker course of his or her duties as an AAL  A surgeon 5 5
  • 6. Mandated Reporters Ark. Code Ann. 12-18-402(b)  Sexual abuse advocate or sexual abuse  Child abuse advocate volunteer who works with a victim of or volunteer (including sexual abuse as an employee of a community-based victim service or mental persons based with health agency such as Safe Places, LLE) who works with United Family Services, or Centers for victim or abuse or Youth and Families maltreatment  A sexual abuse advocate or sexual abuse volunteer who includes a paid or volunteer  Victim assistance sexual abuse advocate who is based with professional or a local law enforcement agency volunteer  Rape crisis advocate or rape  Employee of Crimes crisis volunteer Against Children  Victim/witness coordinator Division of Ark. State Police 6 6
  • 7. What is a “school?”  DHS has proposed defining a “school” as any  Elementary school, junior high school, or high school  Technical institute or post-secondary vocational-technical school; or  Two-year or four-year college or university 7
  • 8. Who is a “school official?”  DHS has proposed defining a “school official” as any person authorized by the school to exercise authority over students 8
  • 9. How/where do you report Child Maltreatment?  Two ways  Phone or  Fax 9
  • 10. Child Abuse Hotline Ark. Code Ann. 12-18-301  The Child Abuse Hotline is a unit established within the Department of Human Services or its designee with the purpose of receiving and recording notifications and reports under this chapter  The Child Abuse Hotline shall be staffed twenty-four (24) hours per day and shall have statewide accessibility through a toll-free telephone number  The toll-free telephone number under this section shall be known as the “Child Abuse Hotline”  All persons whether a mandated reporter or not, may use the Child Abuse Hotline to report child maltreatment or suspected child maltreatment  Hotline number is 1-800-482-5964 10
  • 11. Fax Option for Mandated Reporters to Report to the Child Abuse Hotline  As prescribed under this section, a mandated reporter under this chapter may report child maltreatment or suspected child maltreatment by telephone call, facsimile transmission, or online reporting.  Facsimile transmission and online reporting may be used in nonemergency situations by an identified mandated reporter under this chapter who provides the following contact information:  (1) Name and phone number; and  (2) In the case of online reporting, the email address of the identified mandated reporter under this chapter.  The Child Abuse Hotline shall provide confirmation of the receipt of a facsimile transmission via a return facsimile transmission or via online receipt.  A mandated reporter under this chapter who wishes to remain anonymous shall make a report through the Child Abuse Hotline toll-free telephone system.  Ark. Code Ann. § 12-18-302. 11
  • 12. Where do you find the fax form to Report to the Child Abuse Hotline?  http://www.arkansas.gov/reportARchildabuse/r  Fax to: 1-501-618-8952 Fax report is for mandated reporters only Fax Form is for mandated reporters to make reports of a non-emergency nature only 12
  • 13. What information do you need to make the Report?  What happened  Enough information to locate the child  Also helpful to know:  Name, age of child  Caregiver’s name & address  County where incident occurred or child resides  How the person calling knows the family  Whether the child has injuries  When the child was last seen and by whom 13
  • 14. And this information makes the investigation go even faster  Names of others in the home  Where the child is located now  Whether there are safety concerns in the home (alcohol, drugs, weapons, etc.)  Who else knows or was told of the situation  Whether there has been a report made to local police 14
  • 15. Will anyone know you made the report to the Child Abuse Hotline?  Your identity is kept confidential and will not be released unless a judge orders the information to be released. The judge must look at the information and find reason to believe the reporter knowingly made a false report  The Prosecuting Attorney and law enforcement, upon request, can obtain the name of the person who made the hotline report  Ark. Code Ann. 12-18-502 15
  • 16. Will the alleged offender or parent know you called?  Sometimes the alleged offender or parent is able to figure out who made the hotline report. If the alleged offender or parent does guess who called, that will NOT be confirmed by the investigator. 16
  • 17. What are the time frames for reporting?  Immediately for persons who are mandated reporters  An individual listed as a mandated reporter under this subsection shall immediately notify the Child Abuse Hotline if he or she:  Has reasonable cause to suspect that a child has  been subjected to child maltreatment; or  has died as a result of child maltreatment; or  Observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment  Ark. Code Ann. 12-18-402(a) 17
  • 18. What happens if a mandated reporter doesn’t report?  Can the mandated reporter tell someone else who makes the hotline report?  Failure to directly report has civil and criminal consequences 18
  • 19. Can the school review the allegation before someone calls the Child Abuse Hotline?  12-18-204. Unlawful restriction of child abuse reporting. (a) (1) A person employed at a school, Head Start program, or day care facility commits the offense of unlawful restriction of child abuse reporting if he or she: (A) Prohibits a mandated reporter under this chapter from making a report of child maltreatment or suspected child maltreatment to the Child Abuse Hotline; (B) Requires that a mandated reporter under this chapter receive permission from the person before the mandated reporter makes a report of child maltreatment or suspected child maltreatment to the Child Abuse Hotline; or (C) Knowingly retaliates against a mandated reporter under this chapter for reporting child maltreatment or suspected child maltreatment to the Child Abuse Hotline. (2) Nothing in this section shall prohibit any person or institution from requiring a mandatory reporter employed or serving as a volunteer for a person or institution to inform a representative of that person or institution that the reporter has made a report to the Child Abuse Hotline. (b) Unlawful restriction of child abuse reporting is a Class A misdemeanor. 19
  • 20. § 12-18-201. Failure to notify by a mandated reporter in the first degree  (a) A person commits the offense of failure to notify by a mandated reporter in the first degree if he or she:  (1) Is a mandated reporter under this chapter;  (2) Has:  (A) Reasonable cause to suspect that a child has been subjected to child maltreatment;  (B) Reasonable cause to suspect that a child has died as a result of child maltreatment; or  (C) Observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment; and  (3) Knowingly fails to notify the Child Abuse Hotline of the child maltreatment or suspected child maltreatment.  (b) Failure to notify by a mandated reporter in the first degree is a Class A misdemeanor. 20
  • 21. § 12-18-202. Failure to notify by a mandated reporter in the second degree  (a) A person commits the offense of failure to notify by a mandated reporter in the second degree if he or she:  (1) Is a mandated reporter under this chapter;  (2) Has:  (A) Reasonable cause to suspect that a child has been subjected to child maltreatment;  (B) Reasonable cause to suspect that a child has died as a result of child maltreatment; or  (C) Observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment; and  (3) Recklessly fails to notify the Child Abuse Hotline of the child maltreatment or suspected child maltreatment.  (b) Failure to notify by a mandated reporter in the second degree is a Class C misdemeanor. 21
  • 22. § 12-18-206. Civil liability for failure to report  A person required by this chapter to make a report of child maltreatment or suspected child maltreatment to the Child Abuse Hotline who purposely fails to do so is civilly liable for damages proximately caused by that failure. 22
  • 23. Immunity from Liability Ark. Code Ann. 12-18-107  A person or agency required by this chapter to report suspected child maltreatment who acts in good faith in making notification, the taking of a photograph or radiological test, or the removal of a child while exercising a seventy-two hour hold is immune to suit and to civil and criminal liability.  If acting in good faith, a person making notification not named in this section is immune from liability  A publicly supported school, facility, or institution acting in good faith by cooperating with the investigative agency under this chapter shall be immune from civil and criminal liability 23
  • 24. Immunity from Liability  12-18-207. Judicial and prosecutorial disclosure. A judge or prosecuting attorney who fails to make a report when required by this chapter is immune from criminal and civil liability under this chapter. 24
  • 25. What is Child Maltreatment? Ark. Code Ann. 12-18-103(6)  Child Maltreatment means abuse, sexual abuse, neglect, sexual exploitation, or abandonment 25
  • 26. Training for Mandated Reporters  Call the Arkansas Commission on Child Abuse, Rape & Domestic Violence at (501) 661-7975 or email williamsonsherryj@uams.edu 26
  • 27. Questions?  The end 27