SAFE SANCTUARY

TRAINING

Salem United Methodist Church, Manheim

OBJECTIVES

1. Understand the History of CPSL (Child Protective Services Law)
2. Identify “Child Abuse”
3. Identify a Perpetrator
4. Identify Types of Reporters
5. Report Child Abuse to ChildLine
6. Recognize Types of Child Abuse
7. Salem’s Policy
8. Assessment

HISTORY

• 1963- PA is one of the first states to pass a mandatory reporting law (narrowly defined group of healthcare professionals responsible for reporting only incidents of of physical abuse resulting from certain criminal behavior)
• 1967- All states have a mandatory reporting law
• 1974- Federal government passed CAPTA (Child Abuse Protection and Treatment Act); federal grants were dependent on the state’s compliance with CAPTA
• 1975-PA responded to CAPTA and media/public’s perception that the laws were too weak; passed CPSL (Child Protective Services Law) expanded mandatory reporters to include all persons “who come in contact with children in the course of their professional work.”

2013-2014 FIRST LARGE SCALE REVISION OF CPSL

• Boston Globe began reporting criminal prosecutions of Catholic priests for sexual child abuse in 2012
• Penn State’s Sandusky was found guilty in 2012

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• PA began to receive reports 24/7 7 days/week
• Individuals willfully failing to report on one occasion- felony of third degree, maximum fine $5,000, 2 years in prison
• Individuals willfully failing to report on a second occasion- fine increases to $15,000 and 7 years in prison

CHILD WELFARE SYSTEM IN PENNSYLVANIA

• Bifurcated system- Child Protective Services and General Protective Services.
• Child Protective Services deals with “child abuse” (CPSL) and maltreatment.
• General Protective Services deals with preventative and protective services provide by each county’s agency cases that do not qualify as “child abuse” but prevent potential harm, such as lack of proper parental care, inadequate shelter, abandonment, truancy without justification, <10 years old and committing a delinquent act,…
• GPS is not subject to mandatory reporting; generally considered non-serious injury or neglect that threatens a child’s opportunity for healthy growth and development.

REPORTING

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• Mandated reporter need not and should not investigate or try to determine if the abuse occurred
• Mandated reporter need not and should not try to determine if the abuse is CPS or GPS
• Both can be reported
• Child investigator will determine if abuse has occurred
• GPS cases triggers an assessment, rather than an investigation

WHAT IS CHILD ABUSE?

• Child- person under 18 years old at the time of the abuse
• Abuse- As of December 2014, child abuse is defined as intentionally, knowingly, or recklessly doing any go the following:
• Causing bodily injury to a child through any recent act or failure to act.
• Fabricating, feigning, or intentionally exaggerating or inducing a medical symptom or disease which results in a potentially harmful medical evaluation or treatment to the child through any recent act.
• Causing or substantially contributing to serious mental injury to a child through any act or failure to act or a series of such acts or failures to act.
• Causing sexual abuse or exploitation a child through any act or failure to act.
• Creating a reasonable likelihood of bodily injury to a child through any recent act or failure to act.
• Creating a likelihood of sexual abuse or exploitation of a child through any recent act or failure to act.
• Causing serious physical neglect of a child.
• Engaging in any of the following recent acts:

a. kicking, biting, throwing, burning, stabbing, or cutting a child in a

manner that endangers the child

b. unreasonably restraining or confining a child, based on

consideration the method, location, or the duration of the restraint

or confinement

c. forcefully shaking a child under one year of age

d. forcefully slapping or otherwise striking a child under one year of

age

e. interfering with the breathing of a child

WHAT IS CHILD ABUSE?

f. causing a child to be present at a location while a violation of 18

Pa.C.S. 7508.2 (relating to operation of methamphetamine

laboratory) is occurring, provided that the violation is being

investigated by law enforcement

g. leaving a child unsupervised with an individual, other than the

child’s parent, who the actor knows or reasonably should have

known:

(1) is required to registered as a Tier II or Tier III sexual

offender under 42 Pa.C.S. Ch.97 Such. H (relating to

registration of sexual offenders), where the victim of the

sexual offense was under 18 years of age when the crime

was committed.

(2) has been determined to be a sexually violent predator

under 42 Pa.C.S. 9799.24 (relating to assessments) or any

of its predecessors

(3) has been determined to be a sexually violent delinquent

child as defined in 42 Pa.C.S. 9799.12 (relating to

definitions)

9. Causing the death of the child through any act or failure to act (23

Pa.C.S. 6303(b)(1)

10. Engaging a child in a severe form of trafficking in persons or sex

trafficking, as those terms are defined under section 103 of the

Trafficking Victims Protection Act of 2000.

“serious physical injury” that resulted in “severe pain” removed and “substantial” used in its place

FAILURE TO ACT

Under PA law, failure to act is a form of child abuse

Failure to act is something that is NOT done to prevent harm or potential to a child. “perpetrator by omission”

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Who can be a “perpetrator by omission”?

Parent

Spouse or former spouse of child’s parent

Paramour or former paramour of child’s parent

A person 18 years old or older and responsible for the child’s welfare

A person 18 years old or older and resides in the same home as the child

*Note: no one under 18 is listed.

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EXCLUSIONS

Exclusions- Certain events or actions resulting in bodily harm that are not considered to be child abuse if the injury resulted solely from:

Environmental factors - housing, income, clothing, medical care

Practice of religious beliefs - sincere beliefs of parents; law requires

close monitoring by the county agency

Use of force for supervision, control, and safety purposes - intervene

when self-inflicted injury or injury if there is threaten; obtain

weapon

Rights of parents - reasonable for to discipline, control & supervise

Participate in events that involve physical contact with the child -

such sports, physical education, extracurricular or interscholastic

activity

Child-on-child - harm to one child from another child does not

constitute the label of a perpetrator unless the act relates to one of

many sexual assaults

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REMEMBER it is the mandated reporters job to REPORT suspected child abuse, NOT investigate the child abuse. Exclusions to substantiating a report are found after the investigation or assessment.

TYPES OF REPORTERS:

PERMISSIVE AND MANDATED

Permissive not req’d by law to report suspected child abuse

Friend, neighbor, relative, bystander

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Mandated mandated/required by law to report suspected child abuse

1. persons licensed or certified in PA in any health-related field;

2. medical, examiner, coroner, funeral director;

3. employees of licensed healthcare facility or provider engaged in

admission, examination, care or treatment of individuals;

4. school employees;

5. childcare service employees with direct contact with children in

their employment;

6. religious or spiritual leaders any regularly established church or

other religious organization;

7. persons paid or unpaid who, on a regular basis of their role is

integral to the regularly scheduled program, activity, or service, is

responsible for the child’s welfare or has direct contact with

children;

8. employees of a social service agency who had direct contact

with children in the course of their employment;

9. peace officers and law enforcement officials;

TYPES OF REPORTERS:

PERMISSIVE AND MANDATED

10. PA certified emergency medical services provider;

11. public library employees with direct contact with children;

12. independent contractors;

13. persons that supervise anyone that qualifies in #1-12 and has

direct contact with children;

14. attorneys affiliated with any agency, institution, organization or ‘

any of other entity, including school and established religious

organizations, and is responsible for the care, supervision,

guidance, and control of the children;

15. foster parents;

16. adult family member responsible for welfare of the child and

cares for the child in a family living home, community home for ID

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Do not need to know who the perpetrator is to make a report!

Do not need to notify your supervisor first! Call your report in then notify your supervisor immediately.

You are not breaking HIPAA (Health Insurance Portability and Accountability) when you report to ChildLine.

CPSL overrides any federal or state privileges for medical private and confidentiality.

Clergy and lawyers are still required to report; only particular information may remain confidential

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REPORTING PROCESS

CPSL’s low threshold of evidence- need only a reasonable cause to suspect that child abuse has taken place

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Not necessary to know the perpetrator

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In most cases, local CYA investigates and determines if child abuse has occurred

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If child is in immediate danger, immediate intervention and call 911

The CPSL duty to report is immediate; eliminating time to investigate or consult by the reporter

HOW DO I REPORT A CONCERN?

Reporting - Electronically through the Website or Orally by Telephone to PA Department of Human Services

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Electronically through website

https:www.compass.state.pa.us/cwis/public/home

Create an account; access My Referral; scroll down to bottom for

continue; enter username and password; My Abuse Referrals -create

button

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Orally by telephone

Statewide toll-free 24/7

ChildLine and Abuse Registry 1-800-932-0313

Written report (Report of Suspected Child Abuse or CY-47) must be submitted to CYA or DHS (Department of Human Services) within 48 hours by mail or fax; found on www.keepkidssafe.pa.gov, under Resource tab

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Maintain your written record - reader should be able to get clear understanding of your specific situation. Include a brief history, presentation of child abuse, general situation, circumstances

presented, and final action taken.

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May be additional reports to complete, ie. police, coroner, medical examiner,…

COMMON CONCERNS

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• Can I be sued if unfounded? Anyone can sue anyone for anything, but the law provides liability protection for a good faith reporter.
• Will CYA disclose who the reporter is? No, reporter are confidential informants. DHS and CYA are prohibited from disclosing the reporter. However, depending on the circumstances, it may be possible for the perpetrator to deduce the identity of the reporter.
• Can my job be threatened? No, there is also statutory protection from employer retaliation.

RECOGNIZING CHILD ABUSE

• Children often keep quiet about the abuse and will even deny the abuse
• Observe for signs and symptoms

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Physical Abuse

• Unexplained injuries from trauma or impact; bruises, fractures, or burns
• Injuries without believable or clear explanation
• Untreated medical or dental issues
• Appears fearful of parents
• Unexplained school absences
• Withdrawal from social activities
• Abuses animals

RECOGNIZING CHILD ABUSE

Sexual Abuse

• Sexual knowledge that’s inappropriate for the child’s age
• Pregnancy or sexually transmitted infection
• Blood in child’s underwear
• Pain when walking or sitting
• Refusal to attend school or social events
• Sexual abuse of other children
• Sudden change in appetite
• Nightmares and bed-wetting

RECOGNIZING CHILD ABUSE

Emotional Abuse

• Low self-esteem or lack of self-confidence
• Social withdrawal
• Signs of depression
• Recurring headaches or stomach aches w/o physical basis
• Refusing to go to school or go to normal social events
• Seeking affection when not appropriate
• Vacillates between behavioral extremes, i.e. passive-aggressive
• Acts inappropriately mature or immature
• Lacks attachment to parents

RECOGNIZING CHILD ABUSE

Neglect

• Poor growth or weight gain
• Poor personal hygiene
• Lack of or poor condition of clothing or supplies to meet physical needs
• Takes money or food w/o permission
• Eating a lot in one sitting or hiding food
• Poor school attendance
• Parents’ failure to address medical, dental, psychological issues, even when made aware
• Child’s indifference
• Avoidance of social situations

RECOGNIZING CHILD ABUSE

Parental Behavior

• Little concern about the child in healthcare professional’s presence
• Seems not to recognize physical or emotional distress of the child
• Blames the child for things most likely out of the child’s control
• Denies any problems at home or school
• Constantly belittles, berates, and blames the child
• Describe the child with negative terms or names
• Expects the child to provide him or her with attention and is jealous when other family members get the child’s attention
• Uses harsh physical discipline and encourages others to do the same
• Demands an excessive or unobtainable level of physical or academic performance
• Severely limits child’s contact with adults and children
• Offers conflicting or unconvincing explanation for the child’s injuries or claims to be aware of how something serious happened

SALEM MINISTRY SUPERVISION POLICY AND GUIDELINES

1. All employees and volunteers supervising activities involving children, youth, and vulnerable persons shall have at least two adults, not from the same household, present at all times. If the two-person rule cannot be observed, a screened designated roamer will regularly check on groups with one adult.

2. All employees and volunteers supervising activities involving children, youth, and vulnerable persons shall have the children, youth, or vulnerable persons checked in and out of a church-sponsored activity by their parent or legal guardian or people authorized by the parent/legal guardian.

3. All employees or volunteers will have access to a telephone or cell phone when groups are at or away from the Church.

4. All employees or volunteers will be sure classroom and office doors have a window or are visible from the hallway, or the doors should remain open while the room is occupied.

5. All employees or volunteers will follow the guideline for overnight events at the Church and Church-sponsored off-premise activities, two or more screened

adults must be present. This arrangement must include at least one male and one female if the group is mixed gender. All electronic communications shall be documented and retained, whenever the Church hosts an activity involving children, youth, or other vulnerable people from another church or community organization.

6. The use of electronics or media communications may be useful tools in supporting ministries with children, youth, and other vulnerable people. However, in such circumstances, all employees and volunteers will follow these requirements:

• The employee or volunteer shall never initiate a connection (friending, following, etc.) on social media.
• If a student initiates a connection, the connection shall cease immediately and the child, youth, or vulnerable person’s parent or guardian as well as the pastor shall be notified.
• Employees or volunteers should post photos on social network sites only with prior written permission granted by a parent/guardian. When posted, PHOTOS MUST NOT BE TAGGED with names or location indicators. All photos must be appropriate and in keeping with the spirit of the ministry event. For large group events, signs will be posted that informs participants that photos for social media will be taken.
• All in-person protection policies apply to online platform meetings like Zoom, Skype, Messenger, and so on. (For example, two unrelated adults, from different households, should be present in the virtual room just as they would be in a physical room.)
• An official church account should be established and used for online activities, not a personal account.
• Communication about online meetings should be shared with parents/guardians as well as with children, youth, and other vulnerable people.
• Adult leaders and participants should use their real names as usernames.
• Attendance of online meetings should be documented.
• All electronic communications shall be documented and retained, whenever the Church hosts an activity involving children, youth, or other vulnerable people from another church or community organization.

SALEM MINISTRY SUPERVISION POLICY AND GUIDELINES, CONT.

Groups of church events will follow the Church’s Safe Sanctuary Policy and Guidelines. �

Church volunteers and paid staff, including clergy, will be given the opportunity for training about Safe Sanctuaries policies, procedures, and child abuse issues on a regular basis. They will be retrained annually.

Background checks will be completed every 5 years.

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If a known or suspected incident of abuse or neglect occurs or is revealed to a volunteer or paid staff person at a Church-sponsored activity, the adult in charge of the activity will:

• Ensure the safety of the child, youth, or other vulnerable person.
• CHILDLINE for child or youth: 1-800-932-0313
• ADULT PROTECTIVE SERVICES for vulnerable persons: 1-800-490-8505
• Call the ministry supervisor, pastor in charge, or designee.

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Safe Sanctuary, 2/8/23

RESOURCES

• Western Schools, Brockton, MA in accordance with PA Department of State regulations for Mandated Reporters, 2018.
• Salem UMC’s Safe Sanctuary Policy and Guidelines, 2/8/23