Information the reporter should have ready to give to the Hotline The list of mandated reporters required by the Act to report child abuse and neglect
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2Guidelines for Calling the Child Abuse Hotline Illinois Child Abuse Hotline 1-800-25-ABUSE (1-800-252-2873) ˜e Hotline operates 24 hours per day, 365 days a year. Reporters should be prepared to provide phone numbers where they may be reached throughout the day in case the Hotline must call back for more information. If your call is not an emergency, please submit your report online through our online reporting system at https://dcfsonlinereporting.dcfs.illinois.gov/ .Mandated reporters are required to call the Hotline when they have reasonable cause to believe that a child known to them in their professional or o˚cial capacity may be an abused or neglected child. ˜e Hotline worker will determine if the information given by the reporter meets the legal requirements to initiate an investigation. Criteria needed for a child abuse or neglect investigation Ł ˜e alleged victim is a child under the age of 18. Ł ˜e alleged perpetrator is a parent, guardian, foster parent, relative caregiver, paramour, any individual residing in the same home, any person responsible for the child™s welfare at the time of the alleged abuse or neglect, or any person who came to know the child through an o˚cial capacity or position of trust (for example: health care professionals, educational personnel, recreational supervisors, members of the clergy, volunteers or support personnel) in settings where children may be subject to abuse and neglect. Ł ˜ere must be an incident of harm or a set of circumstances that would lead a reasonable person to suspect that a child was abused or neglected Information the reporter should have ready to give to the Hotline Ł Names, birth dates (or approximate ages), races, genders, etc. for all adult and child subjects. Ł Addresses for all victims and perpetrators, including current location. Ł Information about the siblings or other family members, if available. Ł Speci˛c information about the abusive incident or the circumstances contributing to risk of harmŠfor example, when the incident occurred, the extent of the injuries, how the child says it happened, and any other pertinent information. If this information is not readily available, the reporter should not delay a call to the hotline.
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3˜e Department of Children and Family Services has designed this manual to help you understand your responsibility to report suspected child abuse and neglect to the DCFS Child Abuse Hotline. If your report is accepted, DCFS child protection specialists will begin an investigation to determine the occurrence of abuse or neglect. You will be informed of the investigation results, and you may request a review of fiunfoundedfl investigations if there is important information that was overlooked during the investigation (see ANCRA, 325 ILCS 5/7.21). If the Hotline does not accept your report, you may ask to speak with a Hotline supervisor and have your information reassessed as stated on page 24 of this manual. ˜is manual contains a link to a copy of the Abused and Neglected Child Reporting Act (ANCRA) which de˛nes the department™s intake and investigation of child abuse and neglect reports. Some of the most signi˛cant changes to this law that have taken e˝ect since this manual was last revised are noted below. 1. ˜e list of mandated reporters required by the Act to report child abuse and neglect has been broadened and clari˛ed to now include: filicensed professional counselors of any o˜ce, clinic, or any other physical location that provides abortions, abortion referrals, or contraceptives.fl [325 ILCS 5/4] 2. ˜e de˚nition for fiPolice stationfl now means a municipal police station, a county sheri˛™s o˝ce, a campus police department located on any college or university owned or controlled by the State or any private college or private university that is not owned or controlled by the State when employees of the campus police department are present, or any of the district headquarters of the Illinois State Police. [315 ILCS 2/10] (˜e above de˚nition has a direct e˛ect on Section 300.180, Abandoned Newborn Infants) 3. Personnel of institutions of higher education, athletic program or facility personnel, and early intervention providers are now mandated reporters. 4. Possibly one of the most disturbing issues of our times worldwide and one that has a˝ected us here at home as well is the worldwide epidemic of fiHuman Tra˚cking.fl No longer seen only in Eastern Europe or Asia, but now here in Illinois, allegation #40/90 Human Tra˚cking of Children has been added to ANCRA and it is de˛ned as follows: fi Federal law de˜nes severe forms of tra˚cking of persons as: sex tra˚cking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage or slavery.fl [U.S.C.§ 7102(8)] 5. If your call is not an emergency, please submit your report online through our online reporting system at https://dcfsonlinereporting.dcfs.illinois.gov/. In addition to distributing this manual, the Department of Children and Family Services provides an online training course entitled Recognizing and Reporting Child Abuse: Training for Mandated Reporters , available 24 hours a day, 365 days a year on the DCFS website.
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4˜e preparation of this manual has been accomplished through the dedicated e˝orts of numerous individuals and several committees working in coordination with the Illinois Department of Children and Family Services and the Illinois Children™s Justice Task Force. While it is impossible to recognize everyone who contributed to this project, the department truly appreciates the generous help which researchers, editors, commentators, and child protection managers and supervisors provided for this manual to reach completion. Particular appreci -ation is accorded to the following people who played an instrumental part in the manual™s development. Original Research and Composition Susan Livingston Smith , Professor, Department of Social Work, Illinois State University Ann H. Cohen , Professor of Political Science, Illinois State University Mary Lynn , Former Child Protection Supervisor, Department of Children and Family Services Cheryl R. Peterson , Former Children™s Justice Coordinator, Department of Children and Family Services Consultation and Commentary O˝ce of Child and Family Policy, Department of Children and Family Services Erin Sorenson , Director, Chicago Children™s Advocacy Center Tim Moss , Investigator, Illinois State Police William Wasko , Former Child Protection Manager, Department of Children and Family Services Robin Cona , Former Attorney, Illinois State Board of Education ˜omas Ryan , Clinical Consultant on Childhood Trauma Donald Schlosser , Vice Chairperson, Statewide Citizens Committee on Child Abuse and Neglect Emalee Flaherty, M.D. , Formerly with Ann & Robert H. Lurie Children™s Hospital of Chicago, Retired Betsy Goulet , Children™s Justice Task Force Training Committee , Attorney General™s Task Force on Violence to Children Leadership ˜e Illinois Children™s Justice Task Force Acknowledgments
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5INTRODUCTION 7 Child Welfare Laws and their Impact 7 Di˚culties in Reporting Child Abuse and Neglect 8RESPONSIBILITIES OF MANDATED REPORTERS 10 Who are mandated reporters? 10 What is required of mandated reporters? 12 What is abuse? 17 What are the guidelines to determine whether there is reasonable cause to believe physical abuse, sexual abuse, or neglect may have occurred? 18 When can the Department of Children & Family Services become involved in suspected cases of child abuse or neglect? 20 Talking to the Hotline 20MAKING A REPORT: Calling the DCFS Hotline 21 ˜e State Central Register Hotline 22 In an organization such as a school or a hospital, who should make the report? 22 What happens if I call and all the lines are busy? 22 SCR Hotline Procedures 23 What if I do not agree with the Hotline about whether a report should be taken? 24 What happens if a report is taken? 24REFERRALS 24 Child Welfare Services (CWS) Referrals 24 Response to request for child welfare services 24 Referrals to Local Law Enforcement Agencies and State Attorney™s O˚ce 24 Noti˛cation to law enforcement 25HOW DCFS INVESTIGATES REPORTS 26 Will I as a mandated reporter be contacted by DCFS? 27 Who else will be contacted by investigators? 27 Should I contact anyone, such as parents, a˙er I make a report? 28 What evidence is needed to indicate a report? 28 Physical Abuse Investigations 28 Sexual Abuse Investigations 30 Neglect Investigations 32 What happens as a result of the investigation? 33 Indicated Cases 33 Unfounded Cases 34 What happens when a professional or a child care facility is involved as the perpetrator in an indicated ˛nding of child abuse? 34 Are perpetrators in indicated cases of abuse ever prosecuted? 35 What are child welfare services, and what do they have to do with child abuse investigations? 36 In what circumstances are children removed from their families as a result of abuse allegations? 36 Will I ˛nd out what decisions are made in cases I reported? 37CONCLUSION 37WEB-BASED RESOURCES AND APPENDICES 38 Appendix A: Instructions for accessing the Abused and Neglected Child Reporting Act Appendix B: Checklist for Mandated Reporters Appendix C: DCFS Allegations System Appendix D: Reporting Forms Table of Contents
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6Disclaimer ˜is manual is provided as a public service by the Illinois Department of Children and Family Services and is intended for the informational use and convenience of interested persons and should not be considered a substitute for the advice of legal counsel. Although the information found in this manual is believed to be reliable as of the time of this manual™s publication, no warranty, expressed or implied, is made regarding the accuracy, completeness, or legality of any information, either isolated or in the aggregate. ˜e information is provided fias isfl. Changes may be periodically made to the information contained herein; these changes may or may not be incorporated into this manual; and information contained in the manual may quickly become out of date. ˜erefore, we encourage you to consult an attorney of your choice for legal advice and for the most recent versions and interpretations of the applicable law. Further, if you ˛nd any errors or omissions, we encourage you to report them to the DCFS O˚ce of Child and Family Policy by email at [email protected] or phone 217-524-1983.
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8Di˝culties in Reporting Child Abuse and Neglect ˜e Department of Children and Family Services (DCFS) is the state agency given the responsibility by ANCRA to conduct investigations of child maltreatment and to arrange for needed services for children and families where credible evidence of abuse or neglect exists (fiIndicatedfl cases). In Illinois, approximately 65 percent of all calls to report abuse or neglect to DCFS™s Hotline (the central registry for reporting) come from mandated reporters. ˜e requirement that professionals report child maltreatment, together with a growing public awareness of child abuse and neglect, have had a signi˛cant impact over the past 25 years. Reports of abuse and neglect have risen sharply nationwide. An estimated 125,000 Illinois children are abused or neglected each year, and one in ˛ve kids are abused before age 18. DCFS receives, investigates and acts upon a report of child abuse or neglect every ˛ve minutes, child sex abuse every two hours, and a child death by abuse or neglect every day-and-a-half. Despite the increase in reports, many serious cases of child maltreatment go unreported, even by mandated reporters. On the other hand, many calls to the Hotline are not accepted as reports to be investigated or are found to lack credible evidence of abuse or neglect when investigated (fiUnfoundedfl cases). ˜ere are a number of issues which help explain this seeming inconsistency. Ł Some reporters believe that fiit doesn™t do any goodfl to make a report. ˜is concern may come from the experience of having a report not accepted or from not seeing any clear bene˛cial result from the report. Ł Reporters may not be open to the possibility of child maltreatment and may therefore deny its presence. Ł ˜e lack of speci˛city in the law and its de˛nitions of abuse and neglect create many figray areasfl, leading to confusion for reporters. While this lack of speci˛city may make judgment about what must be reported unclear, it also allows for some ˆexibility in interpretation. ˜is is important in covering all possible situations. Ł Reporters may lack a thorough understanding of the limits of the authority of DCFS to intervene in certain kinds of situations that fall outside DCFS™s legal jurisdiction. Ł Finally, concern about a child™s well -being or a fear of being accused of failing to report may lead mandated reporters to fierr on the side of cautionfl, reporting incidents that may not meet the de˛nition of abuse or neglect.
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9When mandated reporters make good faith e˝orts and their reports are either not accepted by the DCFS Hotline or are not indicated upon investigation, reporters can feel frustrated and distrustful. Yet, due to the limitations of its legal jurisdiction, DCFS cannot accept some cases. Careful screening of reports by Hotline sta˝ is in order. ˜e investigation of abuse or neglect is necessarily very intrusive into family life. ˜e state must exercise its authority cautiously and appropriately in order to respect the rights of parents. ˜e guiding principle used is fiminimally acceptable parenting standards.fl ˜e State has the authority to intervene in family life when basic standards of care and protection from harm are not met. Not only the law, but the courts constrain DCFS intervention. It is important to remember that many decisions about child protection are made in conjunction with the court. In Illinois the Juvenile Court determines if there is su˚cient evidence to adjudicate a child abused or neglected under the law. ˜e court also determines if children will be removed from their homes and placed in foster care. In making its decisions, the Juvenile Court must have a preponderance of evidence that abuse or neglect has occurred. Mandated reporters express concern that children who have been abused or neglected o˙en remain in their parents™ care. ˜is fact illustrates the philosophy and law of the State of Illinois as well as federal law that the majority of children are best served in their own homes by their own families, with specialized services and monitoring of child safety provided by the State. According to ANCRA , DCFS shall fiprotect the health, safety, and best interests of the child in all situations in which the child is vulnerable to child abuse or neglect, o˛er protective services in order to prevent any further harm to the child and to other children in the same environment or family, stabilize the home environment, and preserve family life whenever possible.fl (325 ILCS 5/2 )In making a report, mandated reporters are in the best position to identify signs of harm to children and to take the steps necessary to help protect them. ˜is manual should increase your understanding of the procedure for making a report and your knowledge of what happens once a report is accepted. By making the most e˝ective reports, the available resources for protecting children can be put to the best use.
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10˜is section identi˛es the responsibilities of mandated reporters to report child maltreatment and the basic types of maltreatment that must be reported. ˜e information in this chapter comes from the Abused and Neglected Child Reporting Act (325 ILCS 5/4). Mandated reporters are professionals who may work with children in the course of their professional duties. ˜e following persons are required to immediately report to the Department when they have reasonable cause to believe that a child known to them in their professional or o˚cial capacities may be an abused child or neglected child: Medical Personnel, including any: physician licensed to practice medicine in any of its branches (medical doctor or doctor of osteopathy); resident; intern; medical administrator or personnel engaged in the examination, care, and treatment of persons; psychiatrist; surgeon; dentist; dental hygienist; chiropractic physician; podiatric physician; physician assistant; emergency medical technician; acupuncturist; registered nurse; licensed practical nurse; advanced practice registered nurse; genetic counselor; respiratory care practitioner; home health aide or certi˛ed nursing assistant. Social Service and Mental Health Personnel, including any: licensed professional counselor; licensed clinical professional counselor; licensed social worker; licensed clinical social worker; licensed psychologist or assistant working under direct supervision of a psychologist; associate licensed marriage and family therapist; licensed marriage and family therapist; ˛eld personnel of the Departments of Healthcare and Family Services, Public Health, Human Services, Human Rights, or Children and Family Services; supervisor or administrator of the General Assistance program established under Article VI of the Illinois Public Aid Code; social services administrator; or substance abuse treatment personnel. Crisis Intervention Personnel, including any: crisis line or hotline personnel; or domestic violence program personnel. Education Personnel, including any: school personnel (including administrators and certi˛ed and non-certi˛ed school employees); personnel of institutions of higher education; educational advocate assigned to a child in accordance with the School Code; member of a school board or the Chicago Board of Education or the governing body of a private school (but only to the extent required under Section 4 (d) of the Abused and Neglect Reporting Act [325 ILCS 5/4 (d)]; or truant o˚cer. Recreation or Athletic Program or Facility Personnel Child Care Personnel, including any : early intervention provider as de˛ned in the Early Intervention Services System Act; director or sta˝ assistant of a nursery school or a child day care center; or foster parent, homemaker or child care worker. Law Enforcement Personnel, including any : law enforcement o˚cer; ˛eld personnel of the Department of Juvenile Justice; ˛eld personnel of the Department of Corrections; probation o˚cer; or animal control Who are mandated reporters? Responsibilities of Mandated Reporters
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11o˚cer or ˛eld investigator of the Department of Agriculture™s Bureau of Animal Health and Welfare. Any Funeral Home Director; Embalmer; funeral home employee; Coroner; or Medical Examiner Any Member of the Clergy Any Physician, physician assistant, registered nurse, licensed practical nurse, medical technician, certi˜ed nursing assistant, licensed social worker, licensed clinical social worker, or licensed professional counselor of any o˚ce, clinic, or any other physical location that provides abortions, abortion referrals or contraceptives. [325 ILCS 5/4] When 2 or more persons who work within the same workplace and are required to report under this Act share a reasonable cause to believe that a child may be an abused or neglected child, one of those reporters may be designated to make a single report. ˜e report shall include the names and contact information for the other mandated reporters sharing the reasonable cause to believe that a child may be an abused or neglected child. ˜e designated reporter must provide written con˛rmation of the report to those mandated reporters within 48 hours. If con˛rmation is not provided, those mandated reporters are individually responsible for immediately ensuring a report is made. Nothing in this Section precludes or may be used to preclude any person from reporting child abuse or child neglect. [325 ILCS 5/4] Note: Additional con˛rmation that a report was made may be established by obtaining the intake number from the designated mandated reporter. As used in this Section, fia child known to them in their professional or o˚cial capacitiesfl means: 1. ˜e mandated reporter comes into contact with the child in the course of the reporter™s employment or practice of a profession, or through a regularly scheduled program, activity or service; 2. ˜e mandated reporter is a˚liated with an agency, institution, organization, school, school district, regularly established church or religious organization, or other entity that is directly responsible for the care, supervision, guidance or training of the child; or 3. A person makes a speci˛c disclosure to the mandated reporter that an identi˛able child is the victim of child abuse or child neglect, and the disclosure happens while the mandated reporter is engaged in his or her employment or practice of a profession, or in a regularly scheduled program, activity or service. Nothing in this Section requires a child to come before the mandated reporter in order for the reporter to make a report of suspected child abuse or child neglect. [325 ILCS 6/5] In addition to the persons required to report suspected cases of child abuse or child neglect under the Section, any other person may make a report if such person has reasonable cause to believe a child may be an abused child or neglected child. [325 ILCS 6/5]
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