Jen Dritt Webinar on 1/10/13

1. Recognizing and Reporting
Child Abuse and Neglect
PROTECTING CHILDREN, YOUR
AGENCY, AND YOURSELF
JENNIFER L. DRITT, LCSW (LA)
FLORIDA COUNCIL AGAINST SEXUAL VIOLENCE
JANUARY 10, 2013

2. Abuse Defined
39.01 (2), F.S. “Abuse” means any willful act or
threatened act that results in any physical, mental, or
sexual abuse, injury, or harm that causes or is likely
to cause the child’s physical, mental, or emotional
health to be significantly impaired. Abuse of a child
includes acts or omissions. Corporal discipline of a
child by a parent or legal custodian for disciplinary
purposes does not in itself constitute abuse when it
does not result in harm to the child.

3. Child Abuse and Neglect Defined
Physical or mental injury
Excessive corporal punishment
Sexual offenses
Failure to supply food, clothing, shelter, education,
medical care
Abandonment
Encouraging delinquency
Substantial risk of abuse or neglect

4. Physical Injury (Physical Abuse)
Death
Permanent or temporary disfigurement
Impairment of any bodily organ or function

5. Mental Injury
Injury to intellectual, emotional, psychological
capacity or functioning
Existence of the impairment must be supported by
expert opinion (in court)

6. Neglect
Failure to provide food, clothing, shelter, education,
or medical care, though financially capable of doing
so

7. Abandonment
Willfully deserting or surrendering a child
And failing to make adequate arrangements for the
child’s needs

8. Sexual Abuse
If defined as a sexual offense according to the
criminal laws of Florida;
It’s not necessary to know Florida Statutes regarding
sex offenses in order to determine whether or not
something must be reported.

9. Juveniles
Juvenile sexual offender behavior ranges from
noncontact sexual behavior such as making obscene
phone calls, exhibitionism, voyeurism, and the
showing or taking of lewd photographs to varying
degrees of direct sexual contact, such as frottage,
fondling, digital penetration, rape, fellatio, sodomy,
and various other sexually aggressive acts.

10. Alleged Juvenile Sex Offender
39.01 (7), Florida Statutes
(a) A child 12 years of age or younger who is alleged to
have committed a violation of chapter 794, chapter 796,
chapter 800, s. 827.071, or s. 847.0133; or
(b) A child who is alleged to have committed any violation
of law or delinquent act involving juvenile sexual abuse.
“Juvenile sexual abuse” means any sexual behavior which
occurs without consent, without equality, or as a result of
coercion. For purposes of this paragraph, the following
definitions apply:

11. Definitions
1. “Coercion” means the exploitation of authority or
the use of bribes, threats of force, or intimidation to
gain cooperation or compliance.
2. “Equality” means two participants operating
with the same level of power in a relationship,
neither being controlled nor coerced by the other.
3. “Consent” means an agreement, including all of
the following:

12. Consent
a. Understanding what is proposed based on age, maturity,
developmental level, functioning, and experience.
b. Knowledge of societal standards for what is being
proposed.
c. Awareness of potential consequences and alternatives.
d. Assumption that agreement or disagreement will be
accepted equally.
e. Voluntary decision.
f. Mental competence.

13. Child on Child Sexual Abuse (COCSA) and Children
with Sexual Behavior Problems (SBP)
 The number of COCSA alleged victims and verified victims
remained relatively stable between fiscal year (FY) 2003-04
and FY 2006-07. In FY 2003-04, the total number of
alleged victims was 4,981 and in FY 2006-07 this figure was
4,566. There were a total of 799 verified victims in FY
2003-04 and 710 in FY 2006-07.
 When assessing the trends in reporting COCSA, calls to the
Florida Abuse Hotline have moderately decreased since FY
2005-06 (3,488 COCSA-related calls in FY 2005-06; 3,261
calls in FY 2008-09).

14. COCSA/SBP
The number of alleged children with SBP
consistently remains below the number of alleged
COCSA victims (3,961 and 4,383 in FY 2008-09,
respectively).
COCSA alleged victims represented about 8 to 11
percent of all Abuse Report victims (these include
those abused, neglected, threatened or harmed) over
the last five years. Further, the percent of all COCSA
referrals in which a victim was verified remained
relatively constant between FY 2003-04 and FY
2006-07 (roughly 15-16% of all COCSA referrals).

15. Signs of Sexual Abuse
Consider the possibility of sexual abuse when the
child:
Has difficulty walking or sitting
Suddenly refuses to change for gym or to participate
in physical activities
Reports nightmares or bedwetting
Experiences a sudden change in appetite

16. Signs of Sexual Abuse
Consider the possibility of sexual abuse when the
child or youth:
Demonstrates bizarre, sophisticated, or unusual
sexual knowledge or behavior
Becomes pregnant or contracts a venereal disease,
particularly if under age 14
Runs away
Reports sexual abuse by a parent or another adult

17. Identifying Predators
The establishment and eventual betrayal of trust is
central to the child molester’s interactions with
children.
Grooming is a process.
Predators often target children and youth with
obvious vulnerabilities: a child who feels unloved
and unpopular, has family problems, spends time
alone and unsupervised, lacks confidence and self-
esteem, is isolated from peers

18. Identifying Predators
May use a combination of forced teaming and
charm;
Offer to play games, give rides, buy treats, gifts, and
other tokens of friendship;
Offer drugs and alcohol to older children or
teenagers;
Always offer a sympathetic, understanding ear (Your
parents and friends don’t understand you? Well, I
do.)

19. Identifying Predators
Successful predators find and fill a void in the child’s
life;
Introduce secrecy into the relationship;
Introduce threats after secrecy;
Forge an emotional bond that leads to physical
contact;

20. Signs of Sexual Abuse
Consider the possibility of sexual abuse when the
parent or other adult:
Is unduly protective of the child or severely limits the
child's contact with other children, especially of the
opposite sex
Exhibits jealousy when youth would rather spend
time with others
Is secretive and isolated
Is jealous or controlling with family members

21. Four Preconditions to Child Sexual Abuse
There must be an offender with the motivation to
sexually abuse;
The molester must overcome internal inhibitions
against abusing;
The molester must overcome external barriers to
abusing; and
The molester must overcome resistance by the child.
(Finkelhor, 1984)

22. Reporting prior to 10/1/2012
 All citizens were required to report suspected abuse or
neglect committed by someone responsible for the child’s
welfare;
 “Mandatory reporters” – meant to refer to certain
occupations that must provide his/her name when making
a report – led many to believe that only people with those
occupations or in those professions were required to report
child abuse;
 Reports of child abuse committed by someone not
responsible for a child’s welfare were not required; and
 Consequences for failure to report were minimal.

23. Reporting after 10/1/2012
 Any person who knows or has reasonable cause to suspect
that a child is abused, abandoned, or neglected must make a
report immediately to the Department of Children and
Families via the central abuse hotline, which consists of the
statewide toll-free telephone number, a web-based reporting
option, web-based chat, and a fax reporting option.
 It is very clear that ALL persons are mandatory reporters,
though only certain professions and/or occupations must
provide their names when making a report.
 Consequences for failing to report are substantial: 3 rd degree
felony (term of imprisonment not exceeding 5 years, $5,000
fine). Consequences are even greater if the person charged is a
habitual felony offender.

24. What Hasn’t Changed?
All reports are confidential. Access to the reports is
limited by specific criteria in Chapter 39 and 415 of the
Florida Statutes.
39.203 Immunity from liability in cases of child abuse,
abandonment, or neglect.— (1)(a) Any person, official,
or institution participating in good faith in any act
authorized or required by this chapter, or reporting in
good faith any instance of child abuse, abandonment, or
neglect to the department or any law enforcement
agency, shall be immune from any civil or criminal
liability which might otherwise result by reason of such
action.

25. Must Provide His/Her Name When Making a Report
 Physician  Other school official or
 Osteopathic Physician personnel
 Medical Examiner  Social Worker
 Chiropractic Physician  Childcare Worker
 Nurse  Foster Care Worker
 Hospital personnel engaged  Residential worker
in the admission,  Institutional worker
examination, care, or  Practitioner who relies solely
treatment of persons on spiritual means for
 Health or Mental Health healing
Professionals  Law Enforcement Officer
 School Teacher  Judge

26. When to Report
Law requires report to be made when there is
“reasonable cause to suspect”
Does not require the reporter to have conclusive
proof
Does not require proof beyond a reasonable doubt
Information must be such that a reasonable person
would rely upon it, including hearsay

27. Nuts and Bolts of Reporting
Knowledge or reasonable cause to suspect
You must report (can’t simply cause a report to be
made)

28. Confidentiality
DCF must keep the identity of the reporter
confidential
May share the name of the reporter with law
enforcement to further the investigation.

29. Immunity from Liability
Reporters are immune from civil and criminal
liability for reporting child abuse and neglect in good
faith
Law presumes that child abuse and neglect reports
are made in good faith

30. Nuts and Bolts of Reporting: responding to the child
DOs
DO immediately tell the child you believe him/her.
DO tell the child that s/he was right to tell you and
was very brave to do so.
DO use the child's language or vocabulary.
DO acknowledge that it is difficult to talk about such
things.
DO tell the child that this has happened to other
children and that he/she is not the only one.

31. Nuts and Bolts of Reporting: responding to the child
DO tell them that they are not responsible for what
happened and did not deserve it.
DO tell them that sometimes adults do things that
are not OK (avoid saying that the offender is "sick").
DO everything you can to support, comfort and
reassure the child.
DO ensure that the child feels safe following
disclosure. You might need to stay physically close to
give an extra sense of physical security - the offender
may have used threats.

32. Nuts and Bolts of Reporting: responding to the child
DON’Ts
DON'T make promises you can't keep - especially if
the child asks you to keep it a secret.
DON'T panic or show that you are shocked. It is
important to remain calm and in control of your
feelings.
DON'T give the impression that you might blame
the child. e.g. Don't ask: "why did you let him?", "what
were you doing there anyway?" or "why didn't you tell
me before?".

33. Nuts and Bolts of Reporting: responding to the child
DON’Ts
DON'T ask intrusive questions. Listen but don't pry.
Respect the child's need for privacy.
DON'T be over protective.

34. Nuts and Bolts of Reporting: making the report
As soon as possible
Do not assume the role of CPS investigator
Do not wait for proof
Providing name is preferred
Follow organizational procedures, but don’t forget
that
You are individually required to report

35. Where and How to Report:
http://www.myflfamilies.com/service-programs/abuse-hotline/howtoreport
Florida Abuse Hotline:
Telephone: 1-800-962-2873
TDD (Telephone Device for the Deaf): 1-800-453-
5145
FAX: To make a report via fax, send a detailed written
report with your name and contact telephone or FAX contact
information using the Florida Abuse Hotline’s fax reporting
form to:
1-800-914-0004.
Web Reporting should not be used for situations
requiring immediate attention

36. Nuts and Bolts of Reporting: information sharing
 Child’s name
 Age, race and gender of all adults and children involved
 Address (directions, especially in rural areas)
 Present location (again, directions)
 Names and ages of siblings
 Parents names and addresses
 Reasons for concerns
 Relationship of alleged perpetrator to the child
 Any known history of violence in the home or other risks to
investigator(s)

37. Nuts and Bolts of Reporting: documentation
Document the basis for your concern, including the
physical and behavioral signs
Document the child’s statements to you, use the
child’s words
Record the child’s demeanor
Record the date and agency individual to whom you
spoke

38. Nuts and Bolts of Reporting: dealing with parents
It is best not to contact parents about your
suspicions before making a report
Never accuse a parent of wrongdoing
If necessary, explain that you are legally responsible
to report

39. Nuts and Bolts of Reporting: follow-up
Telephone reporters will always be told prior to
concluding the conversation, whether the
information provided has been accepted as a report.
Other than information about whether or not the
report has been accepted, reporters are not entitled
to other information regarding DCF’s response to the
report.
Even if report isn’t accepted for investigation, DCF
will keep a record of the report.

40. Final Thoughts about Mandatory Reporting
Must report if you have “reasonable cause to
suspect”
Do not worry about retaliation
Presumption that reports are made in good faith
DCF and law enforcement must keep your identity
confidential

41. Protecting Your Organization
Policies and Procedures:
 Training: engaging with youth: what are the appropriate
boundaries;
 Training: How and why working with adolescents is
challenging for everyone, but especially for younger adults;
 Adopting policies intended to prevent abuse – creating
external barriers and helping children resist;
 Reporting abuse;
 Documenting information received and action taken;
 Regular, consistent training and review of policies and
procedures, not just when new staff are hired;

42. Policy Examples
Two adults involved in/leading all activities with
youth;
No one-on-one contact, unless clinically necessary
(therapy, etc.), and then only when there are other
adults in close proximity;
Adults respect the physical privacy of youth and are
appropriately private, themselves.
No secret or separate groups apart from those
sanctioned by the organization;
Appropriate attire for all activities;

43. Helping Children Resist
Boy Scouts of American calls this the “Three R’s of
Youth Protection:
 Child needs to RECOGNIZE situations that place him/her at
risk of being molested, how child molesters operate, and that
anyone can be a molester;
 The child needs to know that if s/he RESISTS, most child
molesters will leave her/him alone; and
 If the child REPORTS attempted or actual molestations, s/he
will help protect her/himself as well as other children from
further abuse, and will not be blamed for what occurred.
(BSA, Youth Protection Guidelines: Training for Volunteer Leaders and Parents)
http://www.cdc.gov/ViolencePrevention/pub/PreventingChildAbuse.html - Preventing Child Abuse in Youth-
serving Organizations: Getting Started on Policies and Procedures

44. Florida Council Against Sexual Violence
1820 E. Park Avenue
Suite 100
Tallahassee, Florida 32301
(850) 297-2000
(888) 956-7273
www.fcasv.org

45. Lauren’s Kids, Inc.
18851 N.E. 29th Avenue
Suite 1010
Aventura, Florida 33180
1-877-554-3701
www.laurenskids.org