Making the Child Abuse Report

Each state designates a state agency responsible for investigating allegations of child abuse and neglect. In most states it is either:

1.  Law enforcement

2.  An agency such as the Department of:

• Social Services
• Family Services
• Human Resources
• Public Welfare
• Health

For purposes of identification, I will use the term Child Protective Services (CPS) to identify the state-reporting agency for the remainder of this course. Many states have a toll-free 24-hour number to contact for child abuse and neglect allegations. It is critical that educators know which agency they need to contact to make a report of alleged child abuse or neglect, because of the need for confidentiality. Early reporting is vital as the child’s welfare is at stake. Most states specify timelines within which mandated reporters must report (usually 24-72 hours of the discovery of the incident). Although not all states require written reports, it is extremely important for your own protection that you document the incident.

Not only will documenting the incident and indicating who you talked to provide proof that you did report, it will also provide data for you if you are called to testify in court at a later date. Some schools require staff to report to a specific staff member such as the school counselor, nurse, school social worker, or principal. It is important to realize that if this person chooses not to make the report to the state agency, you are not necessarily released from state reporting requirements. Therefore, putting the incident in writing, noting whom you reported to and when, and keeping a copy for your records ensures that you have made a good faith effort to report.

I actually had an experience several years ago in which three reports on one family were “lost in the system” during a computer system update. It was only because of my own written documentation that I was able to show CPS that I had reported several previous incidents on this family, and that my current report was a long-standing concern, not a new situation.

 Reports should include:

• The victim’s name and date of birth
• The names of the parents
• The address of the family home
• The names of siblings or other children in the home
• A description of the nature and extent of the injury or condition observed
• Any ongoing concerns or previous injuries with approximate date of occurrence
• The name and contact information of the reporter
  
  

Often the information for the report will be found in student records. Although it is the educator’s responsibility to report alleged abuse and neglect, he or she must also remember to protect the individual’s right to privacy of information by not giving more information than is necessary for identification and by giving the information to the correct party.

The Federal Family Educational Rights and Privacy Act (FERPA) does not offer protection to families against the reporting of suspected child abuse and neglect. The law permits the release of information from school records to state or local child protective services agencies. Furthermore, when a “health or safety emergency” exists, prior parental consent is not required; child abuse and neglect is considered to be such an emergency. However, it is important that your administrator know you have made a report in case the parents try to raise legal concerns. All states require only reasonable suspicion of child abuse or neglect in order to report. No state requires proof of abuse-- only reasonable cause to believe. It is NOT the educator’s role to validate or investigate abuse. Investigations are conducted by Child Protective Services staff who have been specially trained in investigation techniques and the symptoms of abuse.

Also, waiting for actual proof to occur could endanger the child’s welfare. Remember that educators are immune from civil liability and/or criminal penalty for reporting in good faith. In other words, parents cannot sue educators who make a report of suspected abuse or neglect. Many educators have concerns about having to report abuse and neglect. They may have personal feelings about not wanting to get involved. They may believe that parents have the right to raise their child as they see fit. They may be concerned that the parents may become angry and take their anger out on their child or the teacher. They may have had a previous bad experience, or may believe that CPS will not do anything to help the child or family. There is always the question of whether the abuse is true abuse or a cultural phenomenon. For example, the use of physical punishment is tied to a parent’s cultural beliefs about child-rearing. A family’s lifestyle may be normal in one culture and not in another. 

These are all legitimate concerns that each educator needs to deal with in his or her own way. However, if a child’s safety and welfare have been compromised, we must report.

When a child discloses an incident of child abuse or neglect, or an educator must question the child in order to make a report, it is very important to be supportive of the student. The person interviewing the child needs to remember that children frequently disclose the abuse fully only once, especially in the area of sexual abuse. Therefore, avoid having the child talk to multiple people. Ask only the questions that are necessary for making the report; leave the actual investigation to the CPS caseworker. The educator needs to reassure the child that it is all right to tell what happened and that it was not the child's fault.

Do not promise to “keep a secret,” and be honest about whom you need to contact and what the child should expect will happen. If the child is interviewed by CPS at school, provide support and comfort for the child by sitting in on the interview if possible. Project a calm, supportive attitude. Above all, do not show any negative emotions about the disclosure. Make sure you respect the child’s privacy and disclose information only on a need-to-know basis. Some schools request that parents be notified that staff has made a report. This has positive and negative ramifications for the situation. Although parents may become emotional (including angry) about the fact that a report has been made, telling them directly often decreases any hostility toward the school or staff. In addition, it allows the staff to be supportive to the family and to build communication.

However, many CPS agencies do not want educators to talk to families until the initial investigation is complete. Previous knowledge that a report has been made may allow the parents time to cover up the incident or any identifying evidence, time to threaten the child not to talk, and so on. 

Therefore, it is important to understand your district’s policy and the coordinating agency’s policy regarding initial family contact concerning a report. In either instance, after the report, it is critical to maintain a constant, supportive presence for the child and the family. Once the report is made, CPS must make a series of decisions based on the information the reporter has provided. These decisions include: Deciding whether the report meets the legal definitions for abuse or neglect; deciding whether there is enough identifying information to find the family; assessing the level of risk to the child (and therefore the type of response, the response time, and whether to keep the child in the home or remove him or her).

Most state agencies use some type of risk matrix that:

• Denotes the characteristics of the child, such as age, any disability, developmental level, etc.
• Determines the severity of the risk and whether there are previous reported incidents that indicate a chronic problem, as well as outlining the characteristics of the caretaker (indicating the level of parenting skills and ability to protect the child).
• Notes such problems as substance abuse, mental illness, domestic violence, etc. and looks at social and economic factors that may put additional stress on the family. 
  
  

The CPS caseworker may decide there is not sufficient evidence to open a report, may decide to have it be an “information only” report, or may decide it is a low, medium, or high risk report. If it is a low risk report, it may require contact with the parents only by mail or phone, offering such services as written information on child discipline.

Remember that although one incident may be considered low risk, multiple reports regarding chronic incidents eventually will raise the risk level. As the risk level rises, the response becomes more rapid and the intensity of the investigation and follow-up services increase. Many CPS agencies have an intake department that takes the initial report and decides on the appropriate action. The response unit actually investigates the alleged incident and provides follow-up services. If the court system becomes involved, it usually is on the level of family court (unless severe physical harm or sexual abuse is uncovered, in which case criminal charges may be filed against the perpetrator). Due to time constraints and confidentiality issues, CPS usually does not follow up with the reporter as to the results of the report unless requested to do so.