Know

Although you do not work in classrooms on a daily basis, you have a legal and ethical obligation as a mandated reporter to report suspicions of child abuse and neglect. You also have a professional responsibility to help staff members meet their own legal reporting obligations.

The specific procedures and policies for reporting suspected child abuse and neglect vary across states, services, and installations This lesson will provide an overview of reporting procedures, but you will be responsible for collaborating with your installation’s FAP to develop standard operating procedures for reporting. Your standard operating procedures related to reporting suspicions of child abuse or neglect should (Child Welfare Information Gateway, 2013):

• Indicate that all CYP Professionals must report any suspicions of child abuse regardless of whether they are on or off duty. This duty cannot under any circumstances be delegated to another individual. Failure to report is a serious violation of the law. CYP Professionals who suspect that a child is being exposed to domestic violence must report it as suspected child maltreatment;
• Identify that the CYP Management Team is responsible for oversight, quality assurance, and monitoring staff in meeting all CAPER requirements. CYP Management supports any professional who suspects child abuse to report it to the required entities;
• Clarify that management may not make a report on behalf of the professional, prevent a professional from making a report, or require advanced notification;
• List the specific information that the staff member needs in order to make a report;
• Describe how the report is to be made, including who is to make the report to RPOC in Army Programs, FAP, law enforcement, and CPS (if located in CONUS) law enforcement and CPS;
• List any other program personnel who should be involved or be notified if a report is made (e.g., the program director, commander, headquarters)
• State who will talk with the children or the family after consultation with FAP and CPS or when a report is filed;
• Specify who will submit documentation, such as observation notes or anecdotal records, to investigators or other agencies;
• State who will be responsible for monitoring or receiving communication or feedback from FAP, law enforcement, and CPS once the report has been filed;
• State who is responsible for communicating with the media, if necessary, for cases where a child fatality or a child abuse accusation has been in the press;
• Identify plans for the alternative placement of accused staff while an investigation is taking place;
• Specify support for staff if the accusation of abuse or neglect is unsubstantiated or unfounded;
• Detail support for staff who are requested to testify in court;
• State who will follow up to determine the outcome of the report (if applicable);
• Establish protocol to remove staff from contact with children when required.

The remainder of this lesson will provide general guidelines for reporting procedures. Remember, you will be expected to collaborate with your local authorities including law enforcement, CPS, and your installation’s FAP office law enforcement and CPS to develop specific procedures for your program. This lesson concludes with information about support and following up after a report is made.

Making the Report

Department of Defense Requirements for Reporting

You play a key role in ensuring the health, safety, and well-being of the children and youth under your care and supervision. If you suspect child abuse, making a call to your installation's Family Advocacy Program, your Reporting Point of Contact (RPOC) in Army programs, Child Protective Services, and law enforcement is a moral and legal obligation.

All individuals working or volunteering with children and youth in a DoD-sponsored facility or activity are mandated to report suspected child abuse or neglect to the installation Family Advocacy Program (FAP), the DoD program designated to address child abuse and neglect in military families. In addition, Department of Defense personnel who are considered “covered professionals” are required to report suspected child abuse and neglect, regardless of whether the incident occurred on or off the installation, to the appropriate local Child Protective Services (CPS) agency (if located in CONUS), and law enforcement. CPS investigates the allegation, and FAP works in collaboration with CPS to ensure the safety of the child and to provide treatment and resources for the parents, as appropriate. You should ensure you are following your installation’s reporting policies and procedures when a report is made.

Department of Defense policy and, in many cases, federal and state laws require you to report suspected child abuse. Ideally, a report will prompt early intervention before a child is hurt. The following information will help you take the important steps in contacting FAP, CPS, and law enforcement and understand how those calls are assessed.

How to Report Child Abuse

If you know or suspect a child has been abused or neglected, whether by a parent or staff member/provider/volunteer on or off an installation, follow your Service’s procedures for reporting your concern to the installation FAP, CPS agency, and law enforcement officials. You can also call your state's child abuse reporting hotline, or Childhelp at 1-800-4-A-CHILD (422-4453).

Each installation that supports military families has a FAP point of contact to receive calls concerning the safety and welfare of children. The number to call is publicized throughout the military community. You can also call your installation's Family Support Center or visit the Military Installation’s website for information.

How Reports of Child Abuse Are Assessed

In most States, child abuse calls can be made anonymously to Child Protective Services (CPS) and your installation’s FAP, however the contact information of the reporting person is almost always collected. As a mandated reporter, you should provide your contact information for documentation and follow-up purposes. When suspected abuse is reported, a team will assess the safety and welfare of the child.

When Family Advocacy Program personnel receive a call concerning the safety and welfare of a child, they ensure that everyone who is capable of protecting the safety and well-being of the child (the active duty member's commander, law enforcement, the medical treatment facility and CPS) is aware of the risk and protective factors that are affecting the family. These community members often work as a team to ensure that children are protected, the parents receive appropriate intervention and the family receives the services they need to be able to form more healthy relationships. FAP and CPS will not share the identity of the individual who made the report with the family.

Civilian CPS also responds to calls concerning the safety and welfare of children. They will most likely visit the identified child (they might go to the child's program or home), and they will also interview the child's parents. If they determine there is no evidence of abuse, the case will likely be closed. In some cases, FAP or CPS may refer the family for counseling if they feel the family's life circumstances place them at risk for abuse or neglect.

If Child Protective Services determines that abuse or neglect did occur, the civilian family court system will become involved. Sometimes, the judge will appoint a guardian ad litem to represent the child's interests. This attorney will review all available information and evidence from law enforcement, FAP and CPS and make recommendations to the court based on what he or she believes is in the child's best interest.

If the local civilian law enforcement agency is involved and its investigation finds that abuse occurred, misdemeanor or felony criminal charges may be brought. If a service member is convicted of a criminal offense in civilian court, the military may still decide to proceed with a court-martial hearing or other disciplinary action, including separation from the service.

Child Abuse at a DoD-Sponsored Facility or Activity

The Department of Defense makes every effort to ensure the safety and well-being of children involved in Defense facilities such as schools, child development centers, or Department of Defense-sponsored activities, such as youth sports or recreation programs. This includes conducting thorough background checks and training all staff and volunteers involved with these facilities and programs.

If there is a report of child sexual abuse within a Department of Defense-sponsored activity, the Family Advocacy Command Assistance Team may be assigned to provide an immediate response. This team helps the local installation team assess the situation, develop an investigation strategy, gather evidence for possible prosecution, address the needs of victims and their families and restore public confidence in the facility or activity.

Although standard operating procedures vary across installations, staff members will first report their suspicions to you in most cases. It is then your responsibility to notify regulatory authorities (fire, health, safety, FAP, CPS and law enforcement). Your service has specific procedures that describe whom you report to, what information to provide, and what to do after reporting. Make sure you are familiar with the procedures on your installation. In the Apply section, you will have an opportunity to record your program’s specific procedures.

In the Army programs, all Child and Youth Services personnel report by calling the reporting point of contact (RPOC) and local CPS (if located in CONUS). Be prepared to share:

In U.S. Air Force programs, you are required to report all suspected child abuse and neglect both by telephone and in writing to the Family Advocacy Officer. Be prepared to share:

In Navy programs, all incidents of suspected child abuse or neglect must be reported to the Family Advocacy Representative. At installations located within the Continental United States, a report must also be made to the local child protective services. For suspicions of child sexual abuse, an immediate report must be made to law enforcement, the Family Advocacy Program, local child protective services, and the installation Commander. The Program Manager must report all allegations of child sexual or physical abuse, child neglect, or serious accidents that occur in a Navy Child and Youth Program to Commander, Navy Installations Command via the Regional Program Manager. Be prepared to share:

In Marine Corps programs, all Child and Youth Programs (CYP) Professionals are mandated reporters by law and Marine Corps policy. Any alleged or suspected child abuse must be reported to the installation Family Advocacy Program (FAP) office, Provost Marshal Office (PMO) and local Child Welfare Services (CWS). Reporting procedures remain the same regardless of whether the alleged or suspected abuser is a professional, parent or other caregiver. For programs outside of the continental United States (OCONUS), the reporting requirements are nearly identical except that OCONUS locations generally do not have access to a local CPS and thus, must work directly with the installation FAP to ensure complete reporting. Follow your installation’s reporting procedures.Be prepared to share:

If you or staff members suspect a child is being abused or neglected, you must make a report to local Child Protective Services or law enforcement. You can find out where to call by visiting the Child Welfare Information Gateway’s state reporting numbers website: https://www.childwelfare.gov/organizations/?CWIGFunctionsaction=rols:main.dspList&rolType=Custom&RS_ID=5

Call the reporting number relevant to your state and provide the following information:

• Name of victim
• Name and contact information for parents or guardians
• Reasons for suspected abuse or neglect
• Description and location of victim’s physical injuries (if applicable)
• Information freely disclosed by victim
• Current location of victim
• Known information regarding incident or chronology of events

After the Report

Reporting suspected child abuse or neglect can be a stressful event. It is important to mentally prepare yourself for what happens after the call.

In most states, the report will be evaluated by Child Protective Services. If there is enough evidence to warrant an investigation, a caseworker will initiate the investigation. Children, families, and caregivers may be contacted and interviewed. CPS will determine whether the claim is substantiated and whether the child is safe in the home. If the report of abuse involves alleged criminal acts, law enforcement will be contacted and the investigation will be conducted jointly.

On military installations, the following will occur after a report has been made:

After a report has been received, FAP is required to notify law enforcement, the appropriate Child Welfare Services agency, and Command.. Overseas, the Status of Forces Agreement (SOFA) with a host nation defines how investigation and prosecution of crimes committed on installations will be handled.

FAP will complete an assessment of the incident and will present the information to the installation Incident Determination Committee (IDC). The IDC is composed of the deputy to the installation or garrison commander, legal, law enforcement, FAP, a medical professional, and the command representative for the agency or sponsor. The installation civilian CPS agencies and their counterparts in host countries may participate as well to provide information on incidents that involve their response. This committee is responsible for making a determination of whether the incident meets the DoD definition of child abuse or neglect. If the incident meets the criteria (substantiated), the incident is entered into the Central Registry.

FAP offers supportive services to all families regardless of the outcome of the IDC . FAP is an important team member of the coordinated response to suspected child abuse and neglect. At the same time, FAP in coordination with CPS, takes steps to protect the child and provide the family with counseling or other assistance.

When a report of suspected sexual abuse involves multiple victims in an out-of-home care setting at an installation in the United States or overseas, the DoD may deploy a Family Advocacy Command Assistance Team (FACAT). Under the Commander’s supervision, the FACAT assists in investigation, assessment, and case management.

Regardless of where you work, it is unlikely you will ever hear the results of the report. Confidentiality laws protect the families’ privacy. Also know that it is not uncommon for families to withdraw their child from the program after an allegation of abuse. The report may be the last piece of information you have about a child’s situation, but you should feel confident that you and program staff have fulfilled your obligations. If the child and the family remain in your program, you and the management team can help the family build strength by enhancing protective factors in the program and community.

Supervise & Support

Making a report takes courage, and it is critical that you create a supportive climate that empowers staff to make a report when necessary. It is normal for staff to feel anxious and concerned about making a report. Sometimes staff members worry that they could be sued or punished for making a report. This is not the case. All mandated reporters are protected by law. A family cannot sue a mandated reporter for making a report in good faith. Likewise, staff members cannot be retaliated against for making a report in good faith about a suspected incident in your program.

Common concerns that prevent staff members from making reports:

1. Will my report ruin the family member’s career?

Staff members sometimes worry that reporting suspected child abuse or neglect might impact a Service member’s career or get the individual “fired.” This can make staff members hesitant to make a report, but they should know that Child Protective Services, FAP, law enforcement, and Command want wants to keep victims of abuse safe. They also want to help families work through their parenting issues so they can develop healthier relationships and stay in the military services whenever possible. Thinking about what happens to the military career of a family member has no legal bearing on the requirement to report suspected child abuse or neglect.

2. I don’t want to “turn in” my co-worker.

When a staff member suspects a co-worker or program partner of child abuse or neglect, you might find yourself in an uncomfortable situation. Staff members might fear that they are “turning in” their co-worker, and this is hard. You should remind staff of their responsibility to keep children safe. Staff members are mandated reporters and must report their suspicions. Failure to do so can have devastating consequences for children and for staff. Remind staff members they cannot be retaliated against in the workplace for their report, and you will work with management to make sure they feel comfortable making the report. Talk to someone you trust if you need support.

3. What if I’m wrong, what if it’s not abuse?

Teach staff members that they have a duty to report, even if it is just a suspicion. They are not responsible for investigating the situation. As a staff member it is their role to report observed abuse/neglect, AND suspicion. It is their role to keep children safe. It is your role as a Program Manager to provide guidance on reporting. Remember, you and your staff do not need to make the call alone. If your supervisor is involved in the abuse/neglect, follow the chain of command to the person above them. The important thing is to make the call, even if it is suspicion.

4. Will they tell the family I was the one to make the report?

All jurisdictions have provisions in statute to maintain the confidentiality of abuse and neglect records. The identity of the reporter is specifically protected from disclosure to the individual suspected of abuse in 44 States, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, and Puerto Rico. This protection is maintained even when other information from the report may be disclosed. Release of the reporter’s identity is allowed in some jurisdictions under specific circumstances or to specific departments or officials, for example, when information is needed for conducting an investigation or family assessment or upon a finding that the reporter knowingly made a false report. In six States, the District of Columbia, and Guam, the reporter can waive confidentiality and give consent to the release of their name.

How Reporting Abuse or Neglect Might Affect Staff Members

Staff members will feel a range of emotions after making a report: frustrated, angry, disappointed, nervous, relieved. All of these emotions are expected. It is your job to make sure they have someone to talk to and to help them deal with the emotions they are feeling. The following video helps explain what staff might experience after a report and how you can help.

What You Can Do: Be a Role Model for Staff Members

Use active listening strategies

When a staff member has a concern about a child, they need to know that they have been heard. The best thing you can do is listen and support reflection. Active listening is a skill staff members can apply to their interactions with children and families. Follow these guidelines:

• Stop and really listen. Eliminate distractions and really listen to what the person is saying. Stop shuffling papers, doodling, checking your email, or filling out paperwork. Focus on the speaker and what they are saying.
• Give feedback. Give the speaker a chance to know you understand what is being said. Occasionally pause and repeat back or paraphrase what the speaker said. You might say, “I heard you say you think Drew is having trouble at home. Is that correct?”
• Ask questions and seek clarification. You might follow up. “It sounds like you are concerned about Drew’s safety. What have you noticed? What has made you worry?”
• Empathize. Try to see the situation from the speaker’s perspective. You might say, “I can tell that was a really scary situation for you” or “I wonder if that was difficult.”

Provide opportunities to practice

Being prepared to report child abuse and neglect is a complex and ongoing process. Make sure staff members have continuous training around recognizing, reporting, and preventing child abuse and neglect. Do more than simply making sure staff members attend required training events. Help staff deepen their understanding and application of the ideas. Make sure staff members feel 100% prepared to do what is right. Role play can be a powerful tool. Provide scenarios and work with staff as they identify the signs of possible child abuse or neglect. Role play making a report or getting help. You can find scenarios in the Apply section. Use them at staff meetings or at professional development events to help keep staff members’ skills sharp.

Model your role as a mandated reporter

As you learned in Lesson 1, you and all staff in the child and youth programs have an obligation to report a suspected case of abuse or neglect. It is not your job to investigate further or identify the abuser. If you suspect abuse, all you need to do is make a report and allow investigators to do their jobs.

• Observe children for signs of possible abuse or neglect.
• Be familiar with reporting procedures for your installation and state or host nation.
• Post reporting procedures in your classroom or know where they are posted in your program.
• Prepare yourself for the call. Be sure you have the correct spelling of the child’s legal name, the address of the child’s parents or guardians, and all the details outlined earlier in this lesson.
• If you suspect abuse or neglect, you can call the Childhelp National Child Abuse Hotline at 1-800-4-A-CHILD (1-800-422-4453). This line is open 24 hours a day, 7 days a week and can help you find emergency resources.
• Find Service-specific guidance for making a report of child abuse or neglect in the attachments at the end of this Learn section.

What You Can Do: Observe Children for Signs of Possible Abuse and Neglect

Throughout your career you will observe children for signs of possible abuse and neglect. You will also observe staff members and their abilities to recognize and report abuse and neglect. Read these scenarios and think about how you might respond to support the staff member.

Reporting child abuse and neglect is never an easy thing to do. It is never comfortable for anyone who must grapple with the idea of a child being in danger. The best we can do, though, is to help staff members feel supported and prepared to take the right steps and protect a child.