Mandate Children

Reporting of neglect, physical, or sexual abuse of kids in the home, school, and community settings

Assessment of child safety, risk of kid maltreatment, and family strengths and needs that is applied to a child MAL. report that does not allege substantial kid endangerment. Determines the need for services to address the safety of family members and the risk of subsequent MAL.

Fact gathering related to the current safety of a kid and the risk of MAL that determines whether kid MAL occurred and whether Child Protective Services are needed. Must be used when reports involve substantial kid endangerment and for reports of MAL in facilities.

A person responsible for a kid's care, in the case of sexual abuse includes who has a sig. relationship or a position of authority who act or omission commits or attempts to commit an act against a kid under their care (1-13)

1.egregious harm; 2.sexual abuse; 3.abandonment; 4. neglect-that substantially endangers the kid's physical or mental health, including growth delay (failure to thrive) that has been diagnosed by physician and is due to parental neglect; 5.murder 1,2,3 degree; 6.manslaughter 1,2; 7.assault 1,2,3; 8.solicitation, inducement, and promotion of prostitution; 9.criminal sexual conduct; 10.solicitation of kid to engage in sexual conduct; 11.malicious punishment or neglect; or endangerment of a kid; 12.use of minor in sexual performance; 13.parental Bx, status, or condition which mandates that the county attorney file a termination of parental rights petition

Subjection of a kid by a person responsible for the kid's care, sig. relationship, or position of authority, to any act which constitutes a violation of Criminal Sexual Conduct 1,2,3,4,5th degrees. Plus includes violation of prostitution offenses. Sexual threats apply.

Ind. functioning in the family unit and having responsibilities for the care of kid as parent, guardian or other person having similar care responsibilities; functioning outside the family and having respons. as teacher, coach, babysitting, long or short term for all.

Commission or omission of 1-5 that are not accidental: 1.Failure to provide necessary food, clothing, shelter, health, medical, or other care required for kid's physical and mental health; 2.Failure to protect a kid from conditions that seriously endanger kid's physical or mental health-growth delay, failure to thrive diagnosed by doc. and due to neglect; 3.failure to provide for necessary supervision or child care arrangements appropriate for the kid considering age, mental ability, physical condition, length of time, environment, when the kid is unable to take care of won needs or safety or other kid in their care; 4. Failure to ensure that the kid is educated; 5. Nothing shall be construed that the kid is neglected solely b/c parents/etc. are in good faith selects and depends upon spiritual means or prayer for Tx. or care of disease or remedial care of lieu of medical care; EXCEPT must report if no medical care could put kid in severe danger

6. Prenatal exposure to controlled substance used by mother for nonmedica purposes, evidenced by w/drawl sx. in the child at birth, toxicology test at birth, or medical effects or developmental delays w/in the 1st yr medically indicate prenatal exposure; 7.Medical neglect; 8.chronic or severe use of alcohol or controlled substance by a parent/etc. that adversely affects kid's basic needs and safety; 9.emotional harm for a pattern of bx. which contributes to impaired emotional functioning of the kid demonstrated by observable effect in kid's bx., emotional response, or cognition that is not w.in normal range of kid's age and stage of development due to kid's culture

Any physical, mental, threatened injury inflicted by a person in charge of kid's care on a kid other than accidental means, or any injured that cannot be explained by kid's hx. of injuries, or any aversive or deprivation procedures or regulated interventions that have not been authorized

Actions of physical abuse of regulated reasonable or moderate physical discipline of a kid administered by a parent/etc/ that does not cause injury

1.throwing, kicking, burning, biting, or cutting a kid; 2.striking a kid with a closed fist; 3.shaking a kid under age 3; 4.striking or other actions which result in any nonaccidental injury to a kid under 18mths.; 5.Unreasonable interference with a kid's breathing; 6.threatening a child with a weapon; 7.striking a kid under 1 on the face or head; 8.purposely giving a kid poison, alcohol, or dangerous, harmful, or controlled substances that were not prescribed in order to control or punish a kid, substances that affect kid's Bx., motor coordination, judgement, or sickness internal injury, or subjects to kid medical tx. that would be unnecessary if not given substances; 9.unreasonable physical confinement or restraint (tying, caging, chaining); 10.in a school facility or school zone an act by a person responsible for kid's care

an report received by the local welfare agency, popo, county sheriff, or agency responsible for assessing or investigating MAL pursuant to this section

a licensed or unlicensed day care facility, residential facility, hospital, agency, sanitarium, or other licensed institution; school; nonlicensed personal care provider

Operator of agency

Commissioner of human services

Is not limited to employee assistance counseling and the provision of guardian ad litem and parenting time expeditor services

injury to the psychological capacity or emotional stability of a kid evidenced by an observable or substantial impairment in the kid's ability to function w/in normal range of performance and bx. w/ due to kid's culture

A statement, overt act, condition, or status that represents a substantial risk of phys. or sexual abuse or mental injury to kid in a person's care: 1.subjected to a kid or failed to protect kid from the above; 2.been found to be palpably unfit; 3.committed an act that has resulted in an involuntary termination of parental rights; 4.committed an act that has resulted in the involuntary transfer of permanent legal and phys. custody of a kid to a relative

A sudden, not reasonably foreseeable and unexpected occurrence or event which: is not likely to occur and could not have been prevented by exercise of due care; or if occurring while a kid is receiving services from a facility, and happens when facility and employee are in compliance with the law

1.At the time of incident, the ind. was performing duties identified in the center's child care program plan; 2.Ind. has not been determined responsible for a similar incident that resulted in a finding of MAL for at least 7 yrs; 3.Ind. has not been determined to have committed a similar nonMAL mistake for at least 4 yrs; 4.Any injury to a kid resulting from the incident, if txed. is tx. only with remedies that are available OTC, whether ordered by doc or not; 5.Except for the period when the incident occurred, the facility and the ind. providing services were both in compliance with all licensing requirements to the incident. **ONly applies to child care centers**

If persons knows or has reason to believe that a woman is PG and has used controlled substance for nonmedical purposes during pregnancy, including, not limited to THC, or alcohol drinks during PG in any way that is habitual or excessive

Do not have to report if the MFT is providing the woman with prenatal care or other health services*** Not sure might still have to since we are mental health not phys. health

An oral report shall be made immediately by phone or otherwise. A written report by same ind. must be followed 72 hrs. exclusive weekends or holidays to the local welfare agency. Report shall identify the PG woman, the nature and extent of the use, if known, and name and address of reporter

The comprehensive package of medical and psychological support provided throughout the pregnancy

a person making a voluntary or mandated report or assisting in an assessment is immune from any civil or criminal liability that otherwise might result form the person's actions, if person is acting in good faith.

Immunity counts for prenatal exposure, But not for mandates for failure to make a required report or for committing neglect, phys or sexual abuse of a kid.

A person who knows or has reason to believe a kid is being neglected or physically or sexually abused, or has been either of the three in the past 3 years immediately report to local welfare agency, police dept., or county sheriff

Shall receive a summary of the disposition of any report made by that reporter, whether the case has been opened for CP, or other services, or if a referral has been made to a community org. unless release of documentation would be detrimental the kid

A mandated reporter must report who knows or reason to know someone who has kidnapped or is deprivation of parental rights be holding a minor from parents/etc.

Persons who are licensed under agency are immune from any civil or criminal liability that otherwise might result from their actions, if they are acting in Good Faith

An employer may not retaliate against the person for reporting in good faith abuse or neglect pursuant, or against a child with respect to whom a report is made, because of the report.

any person who knowingly or recklessly makes a false report under the provisions shall be liable in a civil suit for any actual damages suffered by the person or persons so reported and for any punitive damages set by the court or jury, plus costs and reasonable attorney fees

Any mandated reporter who knows or has reason to believe of neglect or abuse or incident in 3 years and FAILS to report is guilty of a MISDEMEANOR

A reporter who knows or reason to believe that 2 or more kids not related to the perpetrator have been phys. or sex. abused, by the same prep w/in the preceding 10 years and FAILS to report Gross Misdemeanor

Parents who fail to report that a child's health is in serious danger is guilty of a Gross Misdemeanor if the kid suffers subsantial or great bodily harm b/c of the lack of medical care. If kid dies b/c of lack of medical care person guilty of Felony, or prison and fine. Spiritual means or prayer does not exempt a parent from reporting

Oral report immediately by phone or otherwise. Shall be followed by a written report w/in 72 hours, exclusive weekends & hoildays, by a report in writing to the appropriate popo or sheriff station, or welfare agency responsible for assessing or investigating the report, unless the appropriate agency has informed the reporter that the oral info. does not constitute a report.

Must decided w/in 24 hrs. if report is accepted for assess. or investigation. If requested welfare agency will provide either oral or written statement w/in 10 days to if the report is being assess. investigated

Identify the kid; any person believed to responsible for the abuse or neglect if known; the nature and extent of abuse or neglect; the name and address of the reporter. COnfidential to keep records

NO evidence relating to the neglect or abuse of a kid or to any prior incidents of neglect or abuse involving any of the same persons accused of N&A shall be excluded in any proceeding arising out of the alleged N&A on the grounds of privilege set fourth

A person required to mandated reporting knows or reason to know a kid has died as a result of N&A, the person shall report that info. to the appropriate medical examiner or coroner instead of the local welfare agency, popo, or sheriff. ME will notify Welfare or popo.

Data concerning the outcome of the investigation may be released to MFT if they have an ongoing responsibility for the health, education, or welfare of kid affected by the data, in the best interests of the kid.

Death of a kid from suspected abuse, neglect, or MAL

A case in which a physician determines that a kid is in serious or critical condition as the result of sickness or injury caused by suspected abuse, neglect, or MAL

A written summary of actions taken or services rendered by a local social service agency following the receipt of a report