Transcript for:
Reporting Child Abuse in Tennessee

Child Abuse Reporting presented by the Tennessee Department of Children's Services. Child abuse is a serious problem in both United States and Tennessee. The Department of Children's Services is tasked with ensuring the safety and well-being of all children in Tennessee; However, this requires the partnership of communities and concerned citizens just like you. Thank you for taking the time today to learn about how to recognize, respond, and report child abuse. Your actions and awareness can and will make Tennessee a safer place for children. The Department of Children's Services accepts all reports of alleged child abuse and neglect. The department screens the report to determine if the investigative criteria are met. The report is assigned to a Child Protective Services Case Manager to address the concerns of child abuse and neglect. The Office of Child Safety partners with families to keep children safe in the least restrictive settings. In 2019, 128,611 calls were received by the Tennessee Child Abuse Hotline. 14,777 allegations of child sexual abuse were investigated. 169 child deaths were investigated in Tennessee and in all 95 counties in Tennessee there were open cases for allegations of abuse or neglect. Tennessee categories of abuse and neglect: physical abuse, drug exposed child, environmental neglect, nutritional neglect, medical neglect, educational neglect, lack of supervision, abandonment, child sexual abuse, psychological harm, and abuse or neglect death. Educating yourself and others "The eye doesn't see what the mind doesn't know" a quote by D. H. Lawrence. What is abuse and neglect? According to TN Law (T.C.A. 37-1-102) "Abuse" exists when a person under the age of 18 is suffering from, has sustained, or may be in immediate danger of suffering from or sustaining a wound, injury, disability, or physical or mental condition caused by brutality, neglect, or other actions or inactions of a parent, relative, guardian, or caretaker. Abuse can be physical, verbal, emotional, or sexual. How does Tennessee define caregiver? Any relative or any other person living, visiting, or working in the child's home. An employee or volunteer at an educational, recreational, medical, religious, therapeutic or other such setting where children are present. Any person in any caretaking role with children, such as a babysitter. Anyone who has allegedly used the child directly or indirectly for the purpose of commercial sexual exploitation of a minor, such as a trafficker. Recognizing signs and symptoms of child abuse and neglect. Signs of Abuse and Neglect Signs of physical abuse: unexplained fractures or injuries. Previous injuries in various healing stages. Patterned injuries consistent with objects of abuse like cigarettes, belts, or hands. Burns on extremities buttocks or genitals. Frightened of, or shrink, at approach of adult caregiver. Emotional turmoil, anxiety, depressed, or suicidal; or developmental delays. Self-isolation or undue aggression. Fear of going home or many school absences. Abuses animals or pets. Signs of neglect: Poor growth or weight gain or being overweight. Poor hygiene. Lack of clothing or supplies to meet physical needs. Taking food or money without permission. Hiding food for later. Poor record of school attendance. Lack of appropriate attention for medical, dental, or psychological problems or lack of necessary follow-up care. Signs of Emotional Abuse Delayed or inappropriate emotional development. Loss of self confidence or self esteem. Social withdrawal or a loss of interest or enthusiasm. Depression. Avoidance of certain situations such as refusing to go to school or ride the bus. Desperately seeks affection. A decrease in school performance or loss of interest in school and loss of previously acquired developmental skills. Signs of Sexual Abuse: Soreness or bruising, pain or itching in genital or anal areas. Sexually transmitted diseases. Nightmares or bedwetting. Unexplained loss of appetite. Becoming isolated or withdrawn. Excessive masturbation or sexual play. Abuses children, animals, or pets. Attaches very quickly to strangers or to new adults in their environment. Obsession with pornography or viewing sexually explicit photos. Repeated runaway or suicide attempts. Self-destructive behavior, self-injury, cutting, risky, or delinquent behavior. Signs of Sexual Exploitation A history or presence of emotional, sexual, or other physical abuse. Sexually transmitted diseases. Evidence of homelessness. No identification and runaway. Inexplicable appearance of expensive gifts, clothing or other costly items. Presence of an older boyfriend or girlfriend. Evidence of drug use. Possesses multiple phones and hotel room cards. Repeated statement of urgent need or leave or get back home. While assessing for risk of sexual abuse, remember some sexual behaviors are part of normal development. Those between children of similar age, size, and developmental status. All children are agreeing to the behavior. Exploratory, spontaneous, and occurs in the context of play. Children have light-hearted feelings before, during, and after the behavior. Children giggling and engaging in the behavior out in the open. Self-stimulation to explore genitals and sensations. Engaging in mutual touching with similar aged friends or cousins. Looking at their own bodies and bodies of others. Telling sexual jokes or using sexual words. Some signs of problematic behaviors include: Behaviors that cause physical or emotional pain or discomfort to self or others. Preoccupation with the behavior. Sexual behavior geared towards younger children or inappropriate age range. Forcing others physically or through intimidation to do sexual acts. Tricking others into sexual acts. Any penetration. Trying to have sexual intercourse with another child or adult. Putting mouths on genitalia. Manual stimulation, oral, or genital contact with animals. Unresponsive to redirection. Seeking help for children displaying problematic behaviors is crucial for their safety and the safety of other children around them. How do I talk to a child I suspect is being abused? Pick your time and place carefully. Stay calm. A child may not talk about abuse if he or she knows it makes you feel angry, worried, or scared. Avoid judgment and blame. For example, "I'm concerned because I heard you say that you were afraid to go home. What's making you afraid?" Or, "I notice that there's a bruise on your arm today, what happened?" Listen to the child. Let the child talk to you about his or her worries and concerns but don't ask a lot of questions. Reassure the child. Make sure the child knows that they are not in trouble. Let them know you're simply asking questions because you're concerned about them. What do you say to a child who discloses abuse? Thank them for their bravery. Assure them they did the right thing by telling someone. Let them know that you believe them. Let them know what happened is not their fault. Tell them that you'll need to talk to someone whose job it is to keep them safe. Tell them you're here to support them. Your response can have a big impact on their ability to seek further help and recover from the trauma. During a disclosure it's important to avoid filling in the story by giving them words or asking leading questions like, "Did mom or dad hit you?" Or, "did they make you afraid? Asking too many questions. Leave the investigating and fact-finding to the trained professionals. Expressing anger about the alleged abuser. They may be an adult the child loves and cares for. Confronting the alleged abuser. It could make things worse or unsafe for the child. Making promises you can't keep, such as promising you will not tell anyone. Pressuring the child for information or for details beyond what they want to say. Questions that infer blame like, "Did you try to stop them?" Or, "Did you scream or call out for help?" Why do some kids not disclose their abuse? Threats have been made by the abuser. They're afraid of the consequences that could come of disclosing. There's a lack of opportunity. No one's ever asked. There's a lack of understanding that they are being abused. Despite the abuse, they have the relationship with and even love their abuser. Many children love their abuser but hate the abuse. I have concerns that a child is being abused or neglected. What do I do now? Who is mandated to report? Any person who has knowledge of or suspects abuse or neglect of a child must report it. The law makes no distinction between professionals and non-professionals on the issue of reporting. The law also protects the identity of all mandated reporters. Tennessee Code Annotated 37-1-403 A1 requires that all persons to report suspected cases of child abuse or neglect. Any person who has knowledge of or is called upon to render aid to any child who is suffering from or has sustained any wound, injury, disability, or physical or mental conditions shall report such harm immediately. If the harm is of such a nature as to reasonably indicate that it has been caused by brutality, abuse or neglect or that on the basis of available information reasonably appears to have been caused by brutality abuse or neglect. Here are some examples of reportable scenarios. If a child tells his school teacher that someone has abused him, that teacher has the responsibility to make the report to the proper authorities. If a child who lives in a residential treatment center tells her therapist that she's been a victim of child abuse, then that therapist is responsible for making the report. If a neighbor witnesses a child being abused or neglected, it is the responsibility of the neighbor to make a report. If a daycare provider observes signs of abuse or neglect, it's that provider's responsibility to make the report. You could be asking yourself, when is it appropriate to make a report? What if I'm just concerned? You do not have to have proof of child abuse and neglect in order to make a report. The law speaks to making reports based on available information and in a situation that reasonably appears to have been caused by brutality, abuse, neglect, or sexual abuse. Where can you report child abuse? The Tennessee Child Abuse Hotline takes reports by phone at: 1-877-237-0004. In non-emergency situations, reports can also be made online through the web tracking system apps.tn.gov/carat. The hotline is open 24 hours a day 365 days a year. Calling the child abuse hotline. What do I need to know? The Tennessee Child Abuse Hotline takes your information, screens the information to determine if the situation will require Department involvement. Assesses for other services like resource linkage. All calls are recorded for quality assurance. Protection to Those Who Report. Referents have the right to make a report anonymously per state law. Their personal information may remain confidential and it's protected by state law. They have freedom from civil and criminal liability for reports of suspected abuse and neglect made in good faith. They have freedom from detrimental change in employment status for reports of suspected child abuse and neglect made in good faith. The reporter may be notified by mail, email, or web tracking system, whether the case was screened out or assigned. What reporters could expect from DCS. Any person who makes a report has the right to know if DCS will investigate or assess the report or screen out the report. When you call you will be asked if you want to receive information about whether or not DCS will investigate the information you provided. You will have the option to receive a letter giving you this decision. If a case is opened, you may be contacted by DCS staff to obtain additional information. When you call in a report the DCS hotline evaluates for these decisions: Is the child currently safe? Does the information meet criteria for track assignment? Are other risk factors present in the family? What are the strengths of the family and how fast should DCS respond? Giving information to the child abuse hotline. The case manager who takes your call will ask many questions about the situation. Do not be concerned if you don't know the answer to every single question. The following slides will list the types of information that DCS will try to gather. The information the child abuse hotline will ask you includes: demographic information on the child, including the date of birth, address, and phone number. The name of the child's parents or caregiver. Name of any siblings of the child. Details of the abuse or neglect, any physical evidence, injuries, behaviors, or environmental conditions. The name of the alleged perpetrator or person who may have abused or neglected the child; and if that person currently has access to the child and their relationship to the victim; and the child's current whereabouts. Additionally, you may be asked how did you come to know about the abuse or neglect. Is there any danger for the DCS investigator? Who else knows the circumstances? Are you aware of anyone as an available resource for the child or family; like a friend, relative, or mentor? What is the non offending parent or caregiver's feelings towards the child and their reaction to the abuse? When will DCS respond? DCS follows a 1, 2, 3, priority system. Priority 1 is immediate or 24 hours; reports that indicate imminent threat or serious harm or death. Priority 2: Two business days; injuries or risk of injuries that are not life-threatening and do not require immediate medical care. And Priority 3: Three business days; reports that indicate a low risk of harm. Many times the question of "will someone respond to the family before the end of the day" comes up. When there is an imminent threat of serious harm DCS will send a case manager out immediately. If you feel strongly that a child must be seen that day then be sure to discuss your specific concerns with the case manager at the child abuse hotline when you make the report. The Department of Children Services has an internet referral and tracking process located here at apps.tn.gov/carat Why are some reports not assigned? The information provided does not meet a definition of abuse and neglect as dictated by the Tennessee state law. The family already has an open case with the department and your concerns are to be addressed in the current open case. There is no locating information for the family. The information reported has already been investigated by the department in a previous case. With sex abuse allegations, the alleged child victim is over the age of 13 and the alleged perpetrator is not a parent, relative, caregiver, or household member. This will be sent to law enforcement. The alleged child victim does not reside in the state of Tennessee and will not return to the state of Tennessee in a timeframe that the case can be investigated and concluded. The alleged child victim is over the age of 18 who is considered an adult in Tennessee and not in DCS custody. Or, it may involve alleged physical abuse or neglect by an alleged perpetrator who is not a relative or caregiver. Do employees have an obligation to tell their employers that they've made a report? Employees do have the right to make a report without having to report that information to their organization. Organizations can develop internal procedures to track, report, and monitor reports of child abuse and neglect made by their staff. However, it is against the law for anyone to impede or prevent a report from being made. What happens if someone reports a false allegation of abuse? Any person who knowingly and maliciously reports, or encourages another to report, a false accusation of child abuse or neglect commits a class E felony. What happens if someone fails to report a suspected case of child abuse and neglect? Failure to report is a Class A misdemeanor. The fine for failure to report is not to exceed $2,500. How does DCS respond to allegations of maltreatment? When DCS responds, they'll do the following: Child Protective Services and the family will work to develop true partnerships to ensure the safety of the child. A holistic approach will be used, looking at all the strengths and needs of the family. A safety assessment is conducted. The case manager and family gather information together from several sources. Services will be identified to help the family and create a safe environment in the home. For severe abuse allegations, cases will be worked with the Child Protective Investigative Team including law enforcement, Child Advocacy Centers, and District Attorneys. Is the child safe? If not, can we make the child safe without removing the child from the family? If we must remove the child, how can we preserve his or her relationships with family, friends, school, and the community? Are there state laws that dictate how DCS responds to abuse? Yes, in 2005 legislation providing for the implementation of a multiple response system or MRS. Child welfare is not a one-size-fits-all approach. That's why DCS uses the multiple response system to child maltreatment. Different situations require different responses DCS has a variety of ways of looking into and responding to allegations. They look at the severity of the alleged maltreatment and take into account a family's needs. Using the multiple response system, Child Protective Services case managers offer a variety of approaches that can be more helpful to families and promise more lasting change. The MRS approach ensures children are safe, avoids negative labels for parents, sets aside the issue of fault, asserts that families are the experts at solving their own problems and works in partnership with parents to identify the family's strengths and needs. Resource Linkage: This track is a network of available resources to assist children and families in need of services without further intervention of the formal child welfare system. Families with resource needs but no safety concerns can be connected to resource linkage by making a call to the child abuse hotline. An important part of working with families in need is acknowledging their rights. Families have the right to be treated with dignity and respect. Families have the right to know DCS's legal authority and right to intervene. Families have the right to know our expectations of them and in turn, what they can expect from us. Families have the right to have their phone calls returned within one working day. If the case manager is unavailable they can call the case manager's supervisor. "We live in a world in which we need to share responsibility. It's easy to say "It's not my child, not my community, not my world, not my problem. Then there are those who see the need and respond. I consider these people my heroes." a quote by Fred Rogers Taking a role in prevention: Child abuse and neglect is an issue that impacts all communities. However, there are things we can all do to help ensure the safety and well-being of children. The next few slides will identify some common strategies that can be implemented by communities, agencies, parents, and concerned citizens. Here are five strategies to prevent child abuse and neglect: Change social norms to support parents and positive parenting. Enhance parenting skills to promote healthy child development. Strengthen economic supports for families. Provide quality care and education early in life; and intervene to lessen harms and prevent future risk. DCS partners with Darkness to Light and trains all of our staff in Stewards of Children which educates participants in steps that can be taken to reduce the risk of child sexual abuse because child sexual abuse is not waiting for a cure. Prevention is possible if communities are willing to take necessary steps. The steps for prevention include: learn the facts, minimize opportunity, talk about it, recognize the signs and react responsibly. We are never going to investigate our way out of child sexual abuse cases. The tide changes only with prevention. Schools, daycares, camps, faith-based communities, sports, and other child serving agencies; we must hold agencies accountable for prevention. Some important questions that agencies should be asked include: Do they have a policy around child abuse and neglect? Have their staff been trained in child sexual abuse prevention and mandated reporting? Would you let your child attend a school that didn't have a plan in case of a fire or active shooter? And lastly, we can all partner with parents. Don't be afraid to engage the families around you in your neighborhoods and communities. Helping families get connected with resources and building up local supports can help child abuse and neglect from ever occurring. This presentation is produced by: The Tennessee Department of Children Services, The Joint Task Force on Children's Justice: Child Sexual Abuse, the Shelby County Citizens Review Panel, and the University of Tennessee College of Social Work: Office of Research and Public Service. If you have any additional training needs or would like to request an in-person training for your agency, please visit the Formstack link provided.