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Wisconsin Mental Health Initiative

Mandatory Reporting of Child Abuse & Neglect

Training for All School Employees

Student Services/Prevention and Wellness Team

http://dpi.wi.gov/sspw

Completion of this training fulfills the statutory requirement for school district employees to complete training by the Wisconsin Department of Public Instruction on the topic of child abuse and neglect. All employees of a school district must complete training provided by DPI within six months of initial hiring and at least every five years thereafter. Employees are considered to be anyone who receives an annual statement of wages for tax purposes from the school district.

A supplemental training on this topic is available and recommended for school administrators and pupil services professionals who often play leaderships roles in their schools and districts. Information about how to access this supplemental training is shared at the end of this presentation.

NOTE TO PRESENTER: THIS TRAINING MUST BE DELIVERED IN ITS ENTIRETY TO MEET THE STATUTORY REQUIREMENT OF A DEPARTMENT OF PUBLIC INSTRUCTION TRAINING. YOU MAY SUPPLEMENT IT WITH ADDITIONAL INFORMATION (E.G., LOCAL CONTACT INFORMATION FOR COUNTY CHILD PROTECTIVE SERVICES), BUT YOU MAY NOT ELIMINATE ANY SLIDES OR INFORMATION. YOU MAY ALSO SUPPLEMENT THIS PRESENTATION WITH SLIDES FROM MANDATORY REPORTING OF CHILD MALTREAT: SUPPLEMENTAL INFORMATION AVAILABLE AT http://dpi.wi.gov/sspw/pupil-services/school-social-work/contents/child-abuse/child-abuse-and-neglect.

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Acknowledgement

Appreciation is extended to the Wisconsin Department of Children and Families

One of several successful collaborations between DPI and DCF

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Overview of Presentation

Types of child maltreatment

Signs of child maltreatment
What is not child abuse or neglect
How to make a report and what to report
Where to get more information

*Mandated reporting of threats of school violence will be covered in a separate module.

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Signs of Child Maltreatment

Generally, more signs = more concern

Making a report for suspected child maltreatment depends on
Signs you observe
Comments by student
Interactions with family

Greater risk for children with disabilities. They may also be less likely to report incidents to school staff.

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Does It Matter Who is Suspected of

Abusing or Neglecting a Child?

Report neglect only if it involves a caregiver
Report emotional damage only if parents are suspected of not seeking treatment the student needs
Report physical or sexual abuse regardless of who is suspected of being involved, including if perpetrator is another minor

Wis. Stats. 48.02(1)(a-gm), (12g)

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Who are “caregivers”?

Caregivers include …

Parents/guardians
Relatives
Foster parents
Child care providers
Babysitters

Teachers and other educators
Live-in partners of parents

Wis. Stat. 48.981(1)(am)

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Prevention at School

Minimize the opportunity
Learn to recognize and speak up about grooming behaviors
Monitor the internet usage of students
Follow a code of conduct
Teach protective factors curriculum
Know unsupervised locations
React responsibly

School staff are trusted as caretakers of children and youth during the school day and school activities. To reduce victimization during the times when students are entrusted in our care, it is important for school staff to understand that it is our responsibility for keeping kids safe through our policies, procedures, and actions. Adults in schools should be taught the following key prevention points:

Minimize the opportunity – reduce times when staff or older students are alone with a child
Learn to recognize and speak up about grooming behaviors – say something when you feel an adult or older student is acting inappropriately with students
Monitor the internet usage of students
Follow a code of conduct that includes a prohibition on staff to student contact through staff personal phones, emails, or social media
Teach protective factors curriculum in elementary school, talk about and practice personal safety skills
Know the unsupervised locations in your building or program area and make a plan for monitoring them
React responsibly when a student discloses abuse by showing care and concern and reporting appropriately

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What is Neglect?

Failure, refusal, or inability of a parent or other caregiver, for reasons other than poverty, to provide for the basic needs of a child to the point that it seriously endangers a child’s physical health

Can be related to inadequate food, clothing, shelter, medical or dental care, or supervision

Wis. Stat. 48.02(12g)

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Signs of Neglect

Regular or frequent …

Poor hygiene, body odor
Inappropriate dress for weather
Lack of needed health care
Left alone and unsupervised for long periods
Arrives early and stays late

Habitual absences
Listlessness or fatigue
Hunger
Failure to thrive, malnutrition
Extreme willingness to please

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Using the Signs of Neglect

Use signs of neglect and these questions to help determine if a report needs to be made

How many signs do you see?
Are the signs regular or frequent?

Student’s physical health must be seriously endangered

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Learning Check

Scenario: You meet privately with a 7-year-old student and tell her that you have noticed that she frequently falls asleep in class. She responds that she watches her 2-year-old brother most evenings and tries to stay up late until her mother comes home from work. You ask if she has any support from someone older in case of an emergency and she responds, “No.” Should you make a report?

____ Yes ____ No

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What is Physical Abuse?

Physical injury inflicted on a child that is not an accident

Lacerations, fractured bones, burns, internal injuries, severe or frequent bruising, or great bodily harm

Must be severe enough to meet definition of physical injury to be considered physical abuse

Wis. Stats. 48.02(1)(a), (14g)

Let’s look at physical abuse now. State statute defines physical abuse as a physical injury inflicted on a child that is not an accident.

Physical injury includes, but is not limited to:

Lacerations,
Fractured bones,
Burns,
Internal injuries,
Severe or frequent bruising, or
Great bodily harm.

It is important to note that the injury must be severe enough to meet this definition of a physical injury, in order to be considered physical abuse. Corporal punishment that does not result in a physical injury does not meet the statutory definition of physical abuse. However, bruises on the face or head are almost always considered serious.

Corporal punishment could include spanking. If spanking does not result in a physical injury that meets the statutory definition of physical abuse, it is not considered abuse. However, please note, many studies have shown that physical punishment, including spanking, can lead to increased aggression, antisocial behavior, physical injury and mental health problems for children. Studies show that while physical punishment might work in the short term, because children become afraid, it does not work in the long term to change behavior and can even lead kids to become more aggressive with more acting out behaviors.

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What is Physical Abuse? (continued)

Person need not intend to injure child

Examples of no intent to injure child

Shaking crying baby out of frustration
Jerking child by the arm and dislocating elbow
Corporal punishment that results in bruises or welts

Wis. Stats. 48.02(1)(a), (14g)

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Signs of Physical Abuse

Children commonly get bruises and bumps on their knees, elbows, and forearms from play and other activity

Bruising that is less likely to be from accidents

Around cheeks, abdomen, thighs, neck, back, or midway between wrist and elbow
Different colors
On multiple parts of the body

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Signs of Physical Abuse (continued)

Marks in shape of object

Unexplained burns

Delay in seeking medical help

Extremes in behavior

Afraid to go home

Frightened of parents or other adults

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Using the Signs of Physical Abuse

Use signs of physical abuse and these questions to help determine if a report needs to be made

Does the explanation for the injury make sense to you?

Is student evasive about how the injury occurred?

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Learning Check

Scenario: You notice that a child in your class keeps adjusting how he sits in his chair and grimaces in pain as he moves. When you ask what is wrong, he responds he was punished again and it really hurts to sit on the chair. Should you make a report?

____ Yes ____ No

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What is Emotional Damage?

Harm to a child’s psychological or intellectual functioning

Observed in …

Anxiety, depression, withdrawal, or aggressive behavior

(any one or more of these exhibited to a severe degree), or

Substantial change in the child’s behavior, emotional response, or thinking that is not normal for the child’s age or development

Wis. Stats. 48.02(1)(gm), (5j)

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Emotional Damage

Educators are to report if …

See signs of emotional damage, AND

Parent has not obtained treatment for the child or taken other steps to improve the child’s symptoms

Wis. Stat. 48.02(1)(gm), (5)(j)

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Signs of Possible Emotional Damage

Low self-esteem

Self-denigration

Severe depression

Unusual level of aggression

Severe anxiety

Extreme withdrawal

Failure to learn

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Signs of Possible Emotional Damage (continued)

Self-destructive or delinquent behavior

Abusing alcohol or drugs

Eating disorder

Suicidal talk, ideation, or attempts

Non-Suicidal Self-Injury (NSSI)

*any of these behaviors alone would not warrant a report, unless a parent fails to obtain treatment for the child or fails to try in some other way to improve child’s symptoms

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Using the Signs of Emotional Damage

Use signs of emotional damage and these questions to help determine if a report needs to be made

Does student demonstrate anxiety, depression, withdrawal or aggressive behavior to a severe degree?

Has parent obtained treatment for child or tried some other way to improve child’s symptoms?

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Learning Check

Scenario: A student has attempted to take her own life by taking an overdose of sleeping pills. The parents believe she is just “a drama queen” who is seeking attention. They refuse to seek out any kind of professional therapy or medical attention, because they believe it will simply feed into her desire for attention. Should you make a report?

____ Yes ____ No

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What is Sexual Abuse?

Inappropriate sexual behavior or conduct with a child, including any inappropriate sexual touching

Fondling or exposing genitals
Sexual contact or Intercourse by threat or force
Sexual exploitation
Exposure to pornography
Having a child view or listen to sexual activity
Allowing, encouraging, soliciting, recruiting, or transporting a child to engage in prostitution (or attempting any of these acts)

Wis. Stat. §§ 48.02(1)(b), (c), (cm), (d), (e), (f)

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What is Sexual Abuse? (continued)

Even if a child or youth consents, it is considered abuse when an individual of any age has sexual contact or intercourse:

with a child under the age of 16 years
with a child/youth by the child’s foster parent, out-of-home care provider, or worker or volunteer in facility in which the child is placed
with a child/youth who receives direct care or treatment services from certain organizations or facilities (child welfare agency, shelter care, child care center, etc.), by an employee, licensee, or non-client resident of the organization or facility

Note: Though illegal, mandated reporters are not required to report sexual intercourse of 16-17 year olds, if voluntary

Wis. Stat. §§ 48.02(1)(b), (c), (cm), (d), (e), (f); 948.09; 948.093*

Even if a child or youth consents, it is considered abuse when an individual of any age (including another minor) has sexual contact or intercourse:

with a child under the age of 16 years
with a child or youth by the child’s foster parent, out-of-home care provider, or worker or volunteer in facility in which the child is placed
with a child or youth who receives direct care or treatment services from certain organizations or facilities (for example from shelter care), by an employee, licensee, or non-client resident of the organization or facility

It is important to note that sexual contact with a 16 or 17 year old is not illegal, and while sexual intercourse with 16 and 17 year olds is illegal, this behavior does not fall under the statutory definition of abuse. Therefore mandated reporters are not required to report either of these behaviors to CPS or law enforcement if the behavior was voluntary, there are no additional concerns about the student’s ability to consent, and the above bullet points do not apply.

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Access to Family Planning

Children and youth are allowed to access confidential health care services without having this information reported.

A school nurse providing family planning services to a minor is not required to report suspicion of the minor’s sexual activity, unless there are specific concerns as outlined in law
School staff who learn that a student has accessed or is accessing family planning services are also not required to report this information

Wis. Stat. 48.981(2m) and Wisconsin Attorney General Opinion 72 Atty. Gen. 93

Wisconsin law provides an exception to the reporting requirement for suspected child sexual abuse to allow children to access confidential health care services. This section of the law includes children under 16 years old.

A school nurse providing family planning services to a minor is not required to report suspicion of the minor’s sexual activity, unless there are specific concerns as outlined in law.
School staff who learn that a student has accessed or is accessing family planning services are also not required to report this information. For example, if a teacher learns that a student in their class is on birth control, they would not need to report this information to CPS.

A school employee must contact county child protective services if she or he has any reasonable doubt as to the voluntary nature of the minor’s sexual activity.

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Sexually Active Adolescents (continued)

Complex topic addressed

DPI on-line module Mandatory Reporting of Child Abuse and Neglect – Supplemental Information
DPI publication Reporting Requirements for Sexually Active Adolescents (Updated 2018)

Both of these resources can be found at http://dpi.wi.gov/sspw/pupil-services/school-social-work/contents/child-abuse/child-abuse-and-neglect

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Signs of Possible Sexual Abuse

Extreme secrecy, compliance, or withdrawal

Unusual fear of people from one gender or with specific characteristics

Very seductive behavior or unusual interest in or knowledge of sex

Refusal to take part in gym or other activity

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Signs of Possible Sexual Abuse (continued)

Sexual play with peers beyond curiosity

Physical symptoms

Injury related to sexual activity
Sexually transmitted infection

Poor peer relationships

Drastic change in school performance

Note: Sexual curiosity and behaviors that are developmentally normal for pre-adolescent children are not sexual abuse

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Trafficking of a Child

Trafficking of a Child - Wis. Stat. §§ 948.051(1) & (2)

(Child abuse definition includes a violation of 948.051, Wis. Stat. § 48.02(1)(cm))

(1) Whoever knowingly recruits, entices, provides, obtains, harbors, transports, patronizes, or solicits or knowingly attempts to recruit, entice, provide, obtain, harbor, transport, patronize, or solicit any child for the purpose of commercial sex acts, as defined in s. 940.302 (1) (a), is guilty of a Class C felony.

(2) Whoever benefits in any manner from a violation of sub. (1) is guilty of a Class C felony if the person knows that the benefits come from an act described in sub. (1)

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No Force Necessary

Anytime someone pays for or provides anything of value for sex or sexual acts with a minor, it’s automatically considered sex trafficking
You do not need to prove that a minor was forced or made to do it.

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At-Risk Child Sexual Trafficking Indicators

Unexplained truancy
History of physical or sexual abuse
Reports by child that they have multiple sexual partners
Travel out of the area that is unusual without caregiver permission or knowledge
Possession of money, electronics, or other material items that are unexplained or unusual for the child
Having older boy/girlfriend or partner
Gang affiliation

Indicator Response Guide - https://dcf.wisconsin.gov/files/aht/pdf/indicatorguide.pdf

Listed are some examples of at-risk indicators for child sexual trafficking and exploitation. Any single at-risk indicator does not necessarily mean that a student is involved in sex trafficking. When looking at a whole picture of a student’s situation along with the risk indicators, your concern may be heightened. Refer to the Wisconsin Child Sex Trafficking and Exploitation Indicator and Response Guide for further help with recognizing warning signs and knowing when to call child protective services. Some at-risk indicators include:

Unexplained truancy
History of physical or sexual abuse
Reports by child that they have multiple sexual partners
Travel out of the area that is unusual without caregiver permission or knowledge
Possession of money, electronics, or other material items that are unexplained or unusual for the child
Having older boy/girlfriend or partner
Gang affiliation

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High Risk Sexual Trafficking Indicators

Three or more at-risk factors (per Indicator Response Guide)
History of being missing/runaway/kicked out 1 or more times within the last 6 months (especially if caregiver is unsure of whereabouts)
Confirmed or reported use of hotels for parties or sexual encounters
Unexplained injuries
Unusual, unexplained, or out of the ordinary tattoos

Indicator Response Guide - https://dcf.wisconsin.gov/files/aht/pdf/indicatorguide.pdf

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Learning Check

Scenario: A 12-year-old student asks to use the rest room frequently and complains her “privates” itch. Should you make a report?

____ Yes ____ No

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Methamphetamine Manufacture

Methamphetamine manufacture that a child can see, smell, or hear is child abuse in Wisconsin.

Wis. Stat. 48.02(1)(g)

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What is Not Child Maltreatment?

Failure to give prescribed medication to a child, unless it threatens child’s life or health

Examples

Parent who declines to provide stimulant medication to child with ADHD – no report

Parent who declines to provide insulin to child with diabetes – make a report

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What is Not Child Maltreatment?

Truancy

Follow provisions in Wis. Stat. 118.16

Suicidal talk, ideation, or attempt or Non-Suicidal Self-Injury (NSSI)

unless student demonstrates symptoms of emotional damage AND parent has refused to obtain necessary treatment for student
Failure by parent to obtain necessary treatment might be reason to report suspected emotional damage

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Who Must Report

A school district employee must immediately report to county Child Protective Services (CPS) or local law enforcement, if the employee has reasonable cause to suspect* a child the employee has seen as part of her/his/their work …

Has been abused or neglected, or

Has been threatened with abuse or neglect and the employee believes it will occur

Wis. Stat. 48.981(2)(a), (3)(a)1.

*(See State v. Hurd, 135 Wis. 2d 266, 273 (Ct. App. 1986)).

A school district employee is legally required to immediately report to county Child Protective Services or local law enforcement, if the employee has reasonable cause to suspect a child the employee has seen as part of their work …

has been abused or neglected, or
has been threatened with abuse or neglect and the employee believes it will occur.

Although the statute does not contain a definition of “reasonable cause to suspect,” there is some case law that discusses how that term is interpreted.

The test is whether a prudent person would have had reasonable cause to suspect child abuse if presented with the same totality of circumstances.
“In other words, the individual should have a “belief, based on evidence but short of proof, that an ordinary person would reach as to the existence of child abuse.”

School staff should not assume that suspected child maltreatment has been reported by another individual with knowledge of the suspected abuse. For example, in a situation where a student has said that their caregiver is already aware of maltreatment occurring, school staff must still make a report to the proper authorities.

It is important to note that you are not to determine if child maltreatment has occurred or not. You just have to have a reasonable cause to suspect that child maltreatment may have occurred or may occur in the future.

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Who is Not Required to Report

School staff who suspect abuse or neglect while not in the course of their professional duties
Contracted staff (e.g., bus drivers)
Volunteers who work directly with students

School districts may choose to extend expectations to notify appropriate school authorities of suspected child maltreatment to contracted staff and volunteers

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Learning Check

True or False: Reporting suspected child maltreatment may be delegated to another employee who knows the child and is more familiar with how to make a report.

___ True ___ False

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Reporting Suspected Child Maltreatment

Report must be made to county Child Protective Services or local law enforcement

Contact law enforcement when there may be immediate danger to a student

Report immediately by telephone or in person

Wis. Stat. 48.981(3)(a)1.

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Liability Protection

State law prohibits anyone who makes a report in good faith from being fired, disciplined, or otherwise discriminated against in regard to employment, or from being threatened with such treatment

Reporter is protected from both civil and criminal liability

Wis. Stats. 48.981(2)(e), (4)

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Confidentiality and Penalties

Penalties for not reporting abuse or neglect
Penalties for sharing information that identifies a reporter without authorization

Fine up to $1,000
Up to 6 months in jail

Wis. Stats. 48.981(6), (7)

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What if You Are Not Sure …

It is common to be unsure if a report should be made

It is OK to talk to someone who can help to determine if a report is necessary

Pupil services professional or school administrator

County Child Protective Services or law enforcement

Talking to someone else may not delay a report

Do not send an email or leave a voice message for pupil services staff

Wis. Stat. 48.981(3)(a)1.

It is common to be unsure if a report should be made in any given situation. It is ok to talk to someone else who can help to determine if a report is necessary. There are a couple of ways you can do this:

Pupil services professionals and school administrators may have additional experience and expertise in this area to help guide the decision.

You can also call county Child Protective Services or local law enforcement

Talking to someone else may not delay a report. For instance, you may wish to consult with a pupil services professional, but if that person is not in your building at that time or you cannot reach them by phone, you must not wait. You need to find someone else to consult with or make the decision on your own.

An email or voice message for pupil service staff is not helpful and does not relieve a mandated reporter of their duty to report to CPS.

Ultimately, the decision to report is to be made by the person who has reasonable cause to suspect that child maltreatment has occurred. Another person, including a supervisor, may not prohibit you from fulfilling your legal obligation to report possible child maltreatment.

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Disclosures Made in the Classroom

Student discloses abuse or neglect in a classroom discussion

acknowledge the disclosure, and act to refocus the conversation
find a way to talk with the student privately immediately after class
discuss with the class general concerns about the harmful effects of gossiping, and about keeping information shared in class private

Student discloses abuse or neglect in a writing assignment

talk with the student immediately about the possible disclosure
if student verifies that the writing is about them and a non-fictional situation, make a report

Students may disclose abuse publically in a class discussion or in a writing assignment. Educators can provide safety for students by responding appropriately.

If a student discloses abuse or neglect in a classroom discussion

acknowledge the disclosure and act to refocus on the original conversation, and away from the student who has disclosed
find a way to talk with the student privately immediately after class
discuss with the class general concerns about the harmful effects of gossiping, and about keeping information shared in class private

If a student discloses abuse or neglect in a writing assignment

talk with the student immediately about the possible disclosure

it is okay for a teacher to immediately ask for support from a pupil services team member and for the pupil services member to have the follow up conversation about the writing assignment with the student to determine if a report is necessary

if student verifies that the writing is about them and the writing is about a non-fictional situation that involves abuse or neglect, a report is necessary

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Learning Check

Which of the following are acceptable ways to report suspected child maltreatment? Check all that apply.

____ Phone ____ Email

____ Text ____ In person

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What to Report

When you make a report, Child Protective Services will want to know …

Information about student, parent(s), other household members and siblings, suspected abuser

Specifics of observed injury

Any statements made by student

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What to Report (continued)

When you make a report, Child Protective Services will want to know …

Any prior concerns you may have about possible mistreatment

Special needs student may have

Relevant cultural context

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What to Report (continued)

Be prepared to offer this information

Does suspected perpetrator have access to student?
Do you have any concerns for student’s immediate safety?
Does anyone else know about suspected abuse or neglect?
Are there other children in student’s household?

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May You Share Information from Pupil Records in your Report?

Pertinent information from pupil records may be shared for the purposes of making a report of child abuse or neglect
Information from pupil records may be shared to protect someone’s health or safety in an emergency

Wis. Stat. sec. 118.125(2)(p); 34 CFR 99.31, 99.36

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Making the Report

OK to ask the intake worker questions

Document your report

Date
What you reported
Agency you reported to
Name and contact information of person you reported to

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Other Support – Family Resource Centers

Find a Family Resource Center- https://preventionboard.wi.gov/Pages/ForFamilies/FamilyResourceCenters.aspx

Examples of services FRCs provide include:

Universal parenting supports
Concrete supports and basic needs
Evidence-based/evidence-informed programming
Parent leadership activities
Navigation to community supports
Developmental screening & referral

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Learning Check

How soon are you to make a report of suspected child maltreatment?

____ immediately

____ by the end of the school day

____ within 24 hours

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Sources for More Information

Department of Public Instruction

http://dpi.wi.gov/sspw/pupil-services/school-social-work/contents/child-abuse/child-abuse-and-neglect

Department of Children and Families

https://dcf.wisconsin.gov/

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Sources for More Information (continued)

County departments of social services

Police-school liaison officers or other local law enforcement officers

School social workers, counselors, nurses, psychologists, and administrators