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CHILD ABUSE
Prevention Handbook




   . . . and intervention guide



Crime and Violence Prevention Center
California Attorney General’s Office
Child Abuse
Prevention Handbook
...and intervention guide




  Crime and Violence Prevention Center
   California Attorney General’s Office
April 2006
                 Revised January 1982, August 1985, March 1993 and January 2000



  This Handbook and accompanying Addenda provide general information and current laws to serve
as a practical aid for those who work with children in the field of child abuse prevention and to assist
  mandated reporters and others in determining their reporting responsibilities. The Addenda will be
 updated every year. Therefore, if there are discrepancies between the Addenda and the Handbook,
please use the information in the Addenda as the most current. Both publications are not intended to
 be and should not be considered legal advice. In the event there are questions about laws related to
        reporting responsibilities in a specific case, the advice of legal counsel should be sought.



All revisions to the law in this handbook reflect changes through December 2005, unless otherwise noted.
Message from the Attorney General
Child abuse and neglect have both human and economic costs. For example, in 2004, the California
Department of Social Services estimated that 378,301 cases of abuse and neglect involving approxi-
mately 713,391 children were referred for investigation. According to an audit conducted in 2002 by
the California Department of Health Services, 140 children died in the state as a result of abuse and
neglect. Prevent Child Abuse-America, one of the nation’s leading child abuse prevention organiza-
tions, estimates the total annual direct and indirect costs of child abuse and neglect is approximately
$94 billion dollars.

New research suggests that children chronically exposed to violence, either through child maltreat-
ment or being raised in homes where domestic violence is present, suffer increased risk of experiencing
depression, post-traumatic stress disorder, greater alcohol and drug abuse and lower academic achieve-
ment.

In California, approximately one in four children are directly exposed to violence as a victim or witness.
Childhood abuse and neglect increases the odds of arrest as a juvenile by 59%, as an adult by 28%
and for a violent crime by 30%.

In California, many communities are involved, and many more are becoming involved, in intervening
in the lives of maltreated children. Child Welfare Services (CWS) recently developed an innovative
approach to address the problems of children and families at the community level. Their vision, “Every
child living in a safe, stable, permanent home, nurtured by healthy families and strong communities,”
serves as a “call to action” for communities to provide the resources necessary to intervene with fami-
lies before they come to the attention of CWS. In the long term, strengthening communities and fami-
lies will go a long way to reducing the number of maltreated children in our state.

The Department of Justice takes a proactive role in the prevention of child abuse and neglect. The
department launched Safe from the Start, a statewide effort designed to reduce children’s exposure to
violence. The Department developed a Megan’s Law CD-Rom and the California Sex Offender Informa-
tion Line. The Department administers the California State Child Death Review Council which contin-
ues to support local child death review teams in their efforts to prevent fatal child abuse and neglect.

The purpose of this handbook is to serve as a guide for those who work with children and who are
mandated to report suspected abuse under the California Child Abuse and Neglect Reporting Act. The
handbook provides an overview of the laws, practices and procedures for the prevention, identification,
reporting, treatment, investigation, and prosecution of child abuse and neglect. It has been updated to
reflect current changes in law and practice. As in the past, we hope that you find its contents helpful.

We cannot view the protection of children as a single person‘s or organization‘s responsibility. Only our
collaborative efforts will ensure a healthier life for the children of California.
“There is no greater insight
into the future than recognizing
when we save our children,
we save ourselves.”

    		        Margaret Meade
Table of Contents
What is Child Abuse? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
The Extent of the Problem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Physical Abuse  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Physical Neglect  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Sexual Abuse  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Exploitation/Child Pornography . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Abuse of Children with Disabilities  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Cultural Differences  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

What is Not Child Abuse? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Who are Child Abusers?  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

The Nexus  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Reporting Child Abuse and Neglect  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
The Child Abuse Reporting Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Who Reports? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Immunity from Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Liability for Failure to Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

Purpose of Reporting  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

Making a Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

What Happens to the Report? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Professional Responsibilities  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

Child Day Care Providers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Out-of-Home Child Care Providers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

Medical Community . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Child Welfare (Protective) Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Law Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

Coordinated Investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

Multidisciplinary Child Death Review Teams  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

Legal Community . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

Court Appointed Special Advocates (CASA)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

Probation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

Prevention, Intervention and Treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

The Role of the Community . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

Victims of Crime Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67

Appendices  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69

Appendix I: Child Abuse Reporting Forms  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71

Appendix II: Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77

Appendix III: Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79

Acknowledgments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82


PLEASE NOTE: Addendum I – California Child Abuse and Neglect Reporting Act;
Addendum II – Juvenile Dependency Proceedings; Addendum III – Child Abuse Crimes; and
Addendum IV – Guidelines for Investigation of Child Abuse in Out-of-Home Care Facilities are
a part of this handbook but are located in a separate publication and will be updated on a yearly
basis.
What is
                                                   Child Abuse?

To many, child abuse is narrowly defined as           Certain persons, known as mandated report-
having only physical implications. In reality,        ers, are required by law to report any known
child abuse includes:                                 or suspected instance of child abuse. Every-
•	 Physical abuse; unlawful corporal punish-          one else may report child abuse and neglect.
   ment or injury.                                    Indicators for suspected child abuse are pre-
                                                      sented in this publication to assist mandated
•	 General and severe neglect.                        reporters in meeting their responsibilities
•	 Sexual abuse; sexual assault; exploitation         under the Child Abuse and Neglect Reporting
•	 Willful harming or endangering a child;            Act. (See Addendum I for a list of mandated
   emotional maltreatment.                            reporters.)

                                                      One of the most important indicators for
Child abuse may involve multiple categories           suspecting child abuse is when a child tells
in each family. They include both (overt) acts        someone that he or she has been abused.
and omissions. Competent assessments and              When a child tells a particular person who is
interventions must consider evaluating mul-           an individual required to report child abuse,
tiple categories of abuse.                            the communication is not privileged. That
                                                      individual, by law, must report what the child
The act of inflicting injury or the failure to        has related to him or her. An only exception
act so that injury results, is the basis for          is when the information is relayed during
making the decision to intervene. A parent            “penitential communication.” A clergy mem-
or caretaker may begin by inflicting minor            ber who acquires knowledge or reasonable
injuries, then may increasingly cause more            suspicion of child abuse during penitential
serious harm over a period of time. There-            communication is not required to report
fore, detecting the initial small injuries and        abuse or neglect. Penitential communication
intervening with preventive action may save a         is the communication, intended to be in
child from future permanent injury or death.          confidence, including but not limited to, a
                                                      sacramental confession, made to a clergy
Physical injuries, neglect and malnutrition are       member who, in the course of the discipline
more readily detectable than the subtle and           or practice of his or her church, denomina-
less visible injuries that result from emotional      tion, or organization, is authorized or accus-
maltreatment or sexual abuse. However, all            tomed to hear those communications, and
categories of abuse endanger or impair a              under the discipline, tenets, customs, or
child’s physical and/or emotional health and          practices of his or her church, denomination,
development and demand attention.                     or organization has a duty to keep those



Child Abuse Prevention Handbook
communications secret. (Pen. Code, § 11166         including the U.S. Department of Health and
subd. (c) (1)). In addition, and in the recent     Human Services, the U.S. Department of Jus-
past, “any custodian of records of a clergy        tice and the U.S. Census. According to their
member” were made mandated reporters               conservative estimates, approximately $94
and are now required to report child abuse         billion is spent each year on direct (those costs
and neglect. Mandated reporters who report         associated with the immediate needs of abuse
suspected child abuse cases have immunity,         and neglected children) and indirect cost
both civilly and criminally, for making reports.   (those costs associated with the long-term
(See “Liability for Failing to Report” page 30.)   and/or secondary effects of child abuse and
                                                   neglect) for child abuse and neglect.2

                                                   The probability that child abuse and neglect
The Extent of the Problem                          is a leading cause of childhood deaths seems
                                                   to be generally accepted. The National Child
In 2003, the National Clearinghouse on Child       Abuse and Neglect Data Systems (NCANDS)
Abuse and Neglect reported an estimate of          reported that in 2003, there were an estimat-
2.9 millions referrals concerning the welfare      ed 1,500 child fatalities related to child abuse
of approximately 5.5 million children were         and neglect. More than three-quarters (79%)
made to child protective services agencies         of children who were killed were younger
throughout the United States. Of these,            than 4 years old. More than one-third of
approximately two-thirds (1.9 million) were        child fatalities were attributed to neglect.
accepted for investigation for an assessment.      The rate of child abuse and neglect fatalities
More than 60 percent of child victims expe-        reported by NCANDS has increased slightly
rienced neglect. Almost 19 percent were            over the past several years from 1.84 per
physically abused, 10 percent were sexually        100,000 children to 1.98 in 2002. However,
abused and 5 percent were emotionally mal-         experts do not agree whether this represents
treated. Girls were slightly more likely to be     an actual increase in child abuse and neglect
victims than boys. Pacific Islanders, Ameri-       fatalities, or whether it may be attributed to
can Indian and Alaska Native, and African-         improvements in reporting procedures.
American children had the highest rates of
victimization when compared to their national      In California, the Department of Health Ser-
population. While the rates of white victims       vices estimates that 140 children died as a
of child abuse or neglect were 11.0 per 1,000      result of child abuse and neglect in 2002.
children, the rate for Pacific Islanders was       Also in California, the Fatal Child Abuse and
21.4 per 1,000 children, the rate for Ameri-       Neglect Surveillance (FCANS) Program was
can Indian or Alaska Natives was 21.3 per          introduced to local child death review teams
1,000 children and the rate for African-Ameri-     in the fall of 2002. The goal of FCANS is for
cans was 20.4 per 1,000 children.1                 all child deaths to be reviewed by local child
                                                   death review teams and for the teams to
In addition to the enormous human costs            gather relevant data to assist in reducing child
of child abuse and neglect, there are huge         abuse fatalities. (See page 54 for information
financial costs. In 2001, Prevent Child Abuse-     on child death review teams)
America, a leading child abuse prevention
organization, published data that represented      Many researchers and practitioners believe
the first attempt at documenting the nation-       child fatalities due to abuse and neglect
wide costs resulting from abuse and neglect.       are under reported. State definition of key
Data was drawn from a variety of sources,          terms such as “child homicide,” “abuse” and




	                                                                  Child Abuse Prevention Handbook
“neglect” vary, therefore, so do the numbers      levels of government. Efforts continue to
and types of child fatalities they report. In     be made to develop systems that will reflect
addition, some deaths officially labeled acci-    more accurately the scope and degree of child
dents, child homicides and/or Sudden Infant       abuse and neglect, e.g. FCANS. The number
Death Syndrome (SIDS), might be attributed        of suspected child abuse cases reported and
to child abuse and neglect if more compre-        investigated in California has steadily risen
hensive investigations were conducted or if       over the years as a result of the Child Abuse
there were more consensus in the coding of        and Neglect Reporting Act and the increased
abuse on death certificates.3                     attention paid to the problem by profession-
                                                  als and the public. For example, in 2004, the
When addressing the issue of child maltreat-      California Department of Social Services esti-
ment, and especially child fatalities, preven-    mated that 378,301 referrals for investigation
tion is a recurring theme. Well-designed and      of child abuse and neglect involving 713,391
properly organized child fatality teams appear    children were handled by child welfare ser-
to offer hope for defining the underlying         vices agencies. Of these, 17 percent were
nature and scope of fatalities due to child       for physical abuse, 39 percent for general
abuse and neglect. The child fatality review      neglect, 1.5 percent for severe neglect, 8 per-
process helps identify factors that may assist    cent for sexual abuse, 4 percent for caretaker
prevention professionals to prevent future        absence, 9 percent for emotional abuse, and
deaths. (For more information on the Califor-     1 percent for exploitation and 21 percent for
nia’s child death review process, see page 54)    other. (See chart on page 5.)

Although young children are more “at risk”        The Department of Justice maintains a Child
of abuse than adolescents, the problem of         Abuse Central Index which contains data
adolescent abuse is often underestimated.         from child abuse investigations submit-
Unfortunately, child protective services may      ted by law enforcement agencies and child
discount adolescents because they are con-        welfare services. Between 1999 and 2003,
sidered to be less “at risk” than younger         189,576 child abuse investigation reports
children, and because adolescents are seen as     were received by the Department of Justice.
having more options than younger children.        Of these, 49 percent involved physical abuse,
Because it is believed that adolescents are       24 percent involved sexual abuse, 27 percent
able to leave the house until the parent/care-    involved severe neglect and emotional mal-
taker “calms down,” they can fight back or,       treatment. (For further information on the
in some cases, take the abuse with only tem-      Child Abuse Central Index, see page 32.)	
porary discomfort, they are not considered as
helpless as younger children. However, many
child prostitutes and young people involved in
alcohol and drug abuse are victims of physical
or sexual abuse and neglect at home. Many
“runaways” have similar histories. Thus, ado-
lescents may have more options than younger       1
                                                    	 National Clearinghouse on Child Abuse and Neglect 		
children, but they are not necessarily positive
                                                  	 Information, Child Maltreatment 2003: Summary of Key 		
options. Adolescent abuse remains a serious       	 Findings
problem that deserves attention and action.       2
                                                    	 Prevent Child Abuse-America, Total Estimated Costs of Child 	
                                                  	 Abuse and Neglect in the United States, Statistical Evidence, 		
                                                  	 2001
The gathering of accurate information and         3
                                                    	 National Clearinghouse on Child Abuse and Neglect: 		
statistics is recognized as a problem at most     	 Statistics and Interventions, 2002




Child Abuse Prevention Handbook
Physical Abuse                                          •	 Knowledge that a child’s injury is unusual
                                                           for a specific age group (any fracture in an
Physical abuse is any non-accidental act that              infant).
results in physical injury. Inflicted physical injury
most often represents unreasonably severe cor-          •	 Unexplained injuries (parent, caretaker, or
poral punishment or unjustifiable punishment.              child is unable to explain reason for injury;
This usually happens when a person is frus-                there are discrepancies in explanation;
trated or angry and strikes, shakes, or throws             blame is placed on a third party; explanations
the child. Intentional, deliberate assault, such as        are inconsistent with medical diagnosis).
burning, biting, cutting, poking, twisting limbs,       •	 Parent or caretaker delays seeking care
or otherwise torturing a child, is also included in        for a child or fails to seek appropriate
this category of child abuse.                              care.


Indicators of Physical Abuse                            Behavioral Indicators
These indicators are used to help distinguish           Children may exhibit new or concerning
accidental injuries from cases of suspected             behaviors for a number of reasons including
physical abuse:                                         child abuse as well as other sources of child-
                                                        hood stress such as parental divorce, death
                                                        in the family, etc. If a child exhibits drastic
Location and Type of Injury                             behavioral changes, is excessively aggressive,
Padded areas as the buttocks, back of legs,             violent or destructive, is cruel to animals, or
genitalia and cheeks are more concerning                becomes visibly depressed or suicidal, a seri-
in that it takes more force to cause bruising.          ous mental health evaluation should be done.
Bruises happen when the blood vessels break             In addition, it may be an indication that the
under the skin. Thus children who are old               child has been abused. If abuse is suspected,
enough to walk often fall and have bruises              the mandated reporter must inform Child
over boney surfaces such as the forehead,               Protective Services or law enforcement about
knees, shins where blood vessels are break-             their concerns.
ing between two hard surfaces (the floor for
example and the underlying bone). However,
simple falls and even disciplinary spanking with        Types Of Injuries
an open palm should not be forceful enough
to cause bruising to the buttocks. Protected            Damage To Skin and Surface
areas such as ears, neck, and upper lip are             Tissue
more concerning because it is difficult to
accidentally bump or fall on these areas. Pat-
terned injuries such as loop marks, slap marks,
                                                        Bruises
or grab marks are highly suspicious and in              Bruises, also referred to as contusions, result-
some cases indicative of inflicted trauma.              ing from abuse are found on multiple surfaces
                                                        of the body, particularly the buttocks, back,
                                                        genitals, and face. They may appear in a
History
                                                        characteristic pattern (outline of hand, paired
The history includes all facts about the child          bruises from pinching), or they may clearly
and the injury, including:                              resemble an impression of an item of jewelry
•	 Statements by the child that the injury was          (a ring), or a disciplinary imprint (a paddle,
   caused by abuse.                                     switch, or coat hanger). Linear bruise marks,




	                                                                       Child Abuse Prevention Handbook
Number of Children Referred for Investigation in California
                                           1991 - 2004


                                                                        706,918                                       715,062       713,391
                     700,000                             690,005                                       670,426
                                           660,942



                     600,000   571,214
                                                                                       540,577


                     500,000
Number of Children




                     400,000



                     300,000



                     200,000



                     100,000




                               1991        1993            1995          1996*         1999*           2001            2003         2004




                     2004 Number and Percentage of Children by Type of Abuse
                                                     (Total Number of Children 713,391)

                                                              Emotional Abuse        Severe Neglect
                                                                  62,146 (9%)         11,398 (1.5%)


                                                                                                      Physical Abuse
                                                                                                      124,751 (17%)

                                                 Other**
                                              147,496 (21%)
                                                                                                            Sexual Abuse
                                                                                                             58,926 (8%)


                                                                                                          Caretaker Absence/Incapacity
                                                                                                                      31,225 (4%)
                                                                                                        Exploitation
                                                                                                          817 (1%)
                                              General Neglect
                                                276,632 (39%)


                                              Source: California Department of Social Services, Statistical Services Branch
                                         * The caseload fall from 1996 to 1999 may be due to transitional issues relating to the
                                            implementation of the Child Welfare Services/Case Management System (CWS/CMS)
                                         ** Includes children at risk and at substantial risk of abuse and neglect.
strap marks, or loop marks going around a         dentists, skilled evidence technicians, or other
curved body surface are almost always evi-        experienced individuals. Salivary swabbing
dence of abuse.                                   should be collected, because they may be
                                                  used to determine the blood type or even
It is not possible to date bruises. The colors    DNA of the biter. In penetrating bite marks,
red, blue, purple or black can occur at any       services of the individuals listed above should
time. In addition, bruises of identical age and   also be obtained in order to secure accurate
cause on the same person may look different       impressions of the bitten area.
and may resolve differently.
                                                  If properly collected and analyzed by experi-
In cases where bruises are suspected bite         enced forensic dentists, bite mark evidence
marks, investigators should also be prepared      can point to the guilt or innocence of a
to seek the expertise of forensic odontolo-       perpetrator suspected of involvement in the
gists.                                            physical or sexual abuse of a child.

Abrasions, Lacerations                            Burns
As with bruising, the multiplicity and location   The location of a burn and its characteristics
of the wounds should be considered. For           (shape, depth, margins, etc.) may indicate
example, lacerations under the tongue or          abuse. It is important to keep in mind that
those of a torn frenulum (the small piece of      children instinctively withdraw from pain.
tissue connecting the gum to the lip) could be    Burns, without some evidence of withdrawal,
caused by falling with an object in the mouth     are highly suspect because a child will usually
or by the use of excessive force during feed-     try to escape, which will result in splashes,
ing. Both are suspicious injuries when the vic-   uneven burns and sometimes burns on the
tim is an infant who is still unable to stand.    hands.

Whipping a child with a belt buckle or belts      Scalding a child with hot liquid is the most
or cords that are looped may cause lacera-        common abuse burn. Young infants are com-
tions resembling a “C” or “U” shape or other      monly scalded by immersion, and older chil-
wounds with distinctive shapes.                   dren by having liquids thrown or poured on
                                                  them.
Bite Marks
Bite marks may be found on any part of a          When children are forcibly held in hot water,
child’s body. They may appear to be dough-        there are often sharply demarcated burns. If
nut shaped, double horseshoe shaped, or           held in water in a “jackknife” position, only
oval in configuration. Individual teeth or        the buttocks and genitalia may be burned. If
a blurry area with varying colorations may        held down forcibly in a sitting position, the
be observed, depending on the age of the          center part of the buttocks (if pressed tightly
bite mark lesion. Time is of the essence in       against the tub) is spared from burning, thus
recording bite marks through photography          resulting in a “doughnut shaped” burn. If
and/or video taping because some lesions will     the extremities are forcibly immersed in hot
become less distinct with time.                   water, “glove” or “sock” burns to the hands
                                                  or feet may result. The burns are often sym-
Photography, employing non-distorting cam-        metric and an immersion line is readily evi-
eras, with rulers or scales adjacent to the       dent.
lesion, should be accomplished by forensic




	                                                                 Child Abuse Prevention Handbook
Abuse may also be suspected when burns are          for the child’s state, head injury from possible
pointed or deeper in the middle. This indi-         abuse should be considered. The caretaker’s
cates that hot liquid was poured on, or a hot       explanation for a fall should be carefully doc-
object (poker, utensil) pressed into the skin.      umented as to who was present, the distance
                                                    of the fall, the type of surface hit, and time of
Another type of burn characteristic of abuse        the injury.
has the shape of a recognizable object evenly
burned into the victim’s skin. These burns          The medical evaluation is critical but should
indicate forced contact or “branding” with,         not stand-alone. A complete evaluation, even
for example, the grill of an electric heater, the   with severe injury, includes a psychosocial
element of an electric stove, or an iron.           evaluation of the family, caretakers and home,
                                                    which can be completed by hospital social
Cigarette burns are difficult to diagnose, but      workers. In general, these evaluations should
when inflicted they are often multiple and are      be considered in all cases where child abuse is
usually found on the palms or soles. There          suspected.
is a searing effect, perhaps with charring
around the wound.                                   Abusive Head Trauma
                                                    Abusive head trauma, (Shaken Baby Syn-
Rope “burns” appear around wrists or ankles         drome), describes a constellation of signs
when children are tied to beds or other struc-      and symptoms resulting from violent shaking
tures.                                              or shaking and impacting of the head of an
                                                    infant. The degree of brain damage depends
Damage To Brain                                     on the amount and duration of the shaking
                                                    and the forces involved in the impact of the
Head Injuries                                       head. Signs and symptoms range on a spec-
Head injuries are the most common cause of          trum of neurological alterations from minor
child abuse related deaths and an important         (irritability, lethargy, tremors, vomiting) to
cause of chronic neurological disabilities.         major (seizures, coma, stupor, death). These
                                                    neurological changes are due to destruction
Whenever abuse or neglect is suspected, a           of the brain cells secondary to trauma, lack of
careful examination of the child’s eyes and         oxygen to the brain cells, and swelling of the
nervous system should be performed to look          brain. Extensive retinal hemorrhages in one
for signs of intracranial injury. For certain       or both eyes are found in the vast majority
groups of suspected victims, a full skeletal        of these cases. The classic triad of subdural
trauma series may be necessary as well as tox-      hematoma, brain swelling, and retinal hem-
icology. Serious intracranial injury can occur      orrhages are accompanied in some, but not
without visible evidence of trauma on the           all cases, by bruising of the part of the body
face or scalp. Children with any soft tissue        used as a “handle” for shaking. Fractures of
injury to the head should be neurologically         the long bones and/or of the ribs may also be
assessed and have an ophthalmological evalu-        seen in some cases. Rib fractures or metaphy-
ation to look for retinal hemorrhages. These        seal fractures (also called bucket handle or
injuries may cause brain damage or death if         corner fractures) are particularly concerning
undetected and untreated.                           in young children and if seen should prompt
                                                    further investigation for a possible shaking
When a child is in an unconscious or unre-          event. In many cases, however, there is no
sponsive state and there is no external evi-        external evidence of trauma either to the
dence of injury and no adequate explanation         head or the body.



Child Abuse Prevention Handbook
Approximately 20 percent of cases are fatal in      Fractures are most suspicious for inflicted
the first few days after injury. Survivors suffer   trauma when there are multiple lesions, they
from handicaps ranging from mild learning           are in different stages of healing, and there
disorders and/or behavioral changes, to mod-        are unsuspected lesions. Other fractures
erate and severe, such as profound mental           that raise suspicion are: metapyhseal frac-
and developmental retardation, paralyses,           tures (also known as corner, chip, or bucket
blindness, inability to hear, or a permanent        handle fractures) which are at the end of long
vegetative state.                                   bones and may be fractures from excess trac-
                                                    tion, jerking, and twisting injuries; multiple
A careful post mortem examination is required       rib fractures, especially back rib fractures;
of all infant deaths in California. These exam-     and healing or healed fractures without an
inations should always include evaluation for       explanation revealed by x-rays. For young
signs of intracranial bleeding, retinal hemor-      victims, x-ray bone surveys are important tools
rhages, and points of impact on or within the       used to diagnose suspected physical abuse.
body. Evaluations of potentially suspicious         Radioisotope bone scans may pick up healing
cases also should include forensic lab study by     fractures, subperiosteal hematomas, etc. A
protocol, including toxicology, microscopic tis-    pediatric radiologist should be consulted on
sue examination (including the retina), and a       all suspicious cases.
full trauma x-ray series.

Damage To Other Internal Organs                     Physical Neglect
Internal Injuries                                   Neglect is the negligent treatment or mal-
                                                    treatment of a child by a parent or caretaker
Blunt blows to the body can cause serious           under circumstances indicating harm or
internal injuries to the liver, spleen, pancreas,   threatened harm to the child’s health or wel-
kidneys, and other vital organs and occa-           fare. The term includes both acts of commis-
sionally can cause shock and result in death.       sion and omissions on the part of the respon-
Internal injuries are the second leading cause      sible person. The California Child Abuse and
of death for victims of child abuse.                Neglect Reporting Act defines two categories
                                                    of physical neglect, severe neglect and gen-
Detectable surface evidence of such trauma          eral neglect.
is present only about half the time. Physi-
cal indicators of serious internal injuries may     Severe neglect means the negligent failure
include distension of the abdomen, blood in         of a parent or caretaker to protect the child
the urine, vomiting, and abdominal pain.            from severe malnutrition or medically diag-
                                                    nosed non-organic failure to thrive. It also
Damage To Skeleton                                  means those situations of neglect where the
                                                    parent or caretaker willfully causes or permits
Fractures                                           the person or health of the child to be placed
Any unexplained fracture in an infant or tod-       in a situation such that his or her person or
dler is cause for additional inquiry or investi-    health is endangered. This includes the inten-
gation. Rib fractures, especially of back ribs,     tional failure to provide adequate food, cloth-
are the most common fractures found in              ing, shelter, or medical care.
abused children and are caused from either
blunt force (hit) or compression (squeezed).        General neglect means the negligent failure
                                                    of a parent or caretaker to provide adequate




	                                                                  Child Abuse Prevention Handbook
food, clothing, shelter, medical care, or super-      tions of harmful substances; a child cared
vision where no physical injury to the child has      for by another child); the child is left alone
occurred.                                             in the home, or unsupervised under any
                                                      circumstances (left in car, street).
An example of inadequate supervision is when       •	 The conditions in the home are unsanitary
parents leave their children unsupervised dur-        (garbage, animal, or human excrement);
ing the hours when the children are out of            the home lacks heating or plumbing; there
school. These parents are often unable to             are fire hazards or other unsafe home
arrange childcare services to meet their needs.       conditions; the sleeping arrangements are
Although these parents may not regard them-           cold, dirty, or otherwise inadequate.
selves as “neglecting their children,” leaving
young children without supervision may con-        •	 The nutritional quality of food in the home
stitute general neglect. Children left in these       is poor; meals are not prepared; refrigera-
circumstances may also be particularly vulner-        tor or cupboards contain spoiled food.
able to accidents, injuries, or crime. Because
these parents don’t see any wrongdoing, this       While some of these conditions may exist in
is a very complicated area that is subject to      any home environment for a variety of dif-
controversy regarding the age when children        ferent reasons, e.g., poverty, welfare reform,
should be left alone, societal and community       and limitations on entitlement programs, it is
responsibilities to provide resources, and gov-    the extreme or persistent presence of these
ernmental requirements.                            factors that indicate some degree of neglect.
                                                   Disarray and an untidy home do not neces-
Prenatal neglect is maternal substance abuse       sarily mean the home is unfit. Extreme condi-
coupled with significant risk factors that indi-   tions resulting in an “unfit home” constitute
cate the parent’s inability to provide the child   neglect that may justify protective custody
with adequate care.                                and dependency proceedings under Welfare
                                                   and Institutions Code section 300 (see Adden-
                                                   dum II), as well as criminal neglect charges.
Indicators of Neglect                              (See Addendum III.)
Neglect may be suspected if any of the fol-
lowing conditions exist:                           Psychosocial Failure to Thrive
•	 The child is lacking adequate medical or        Infants or young children who are much
   dental care.                                    smaller than would be expected at a par-
•	 The child is often sleepy or hungry.            ticular age can present a difficult diagnostic
                                                   problem for physicians. After excluding those
•	 The child is often dirty, demonstrates          infants who are small because they were
   poor personal hygiene, or is inadequately       small at birth, there remains a large group of
   dressed for weather conditions.                 infants with low weights and perhaps short
•	 The child is depressed, withdrawn or apa-       lengths and small head circumferences. Some
   thetic; exhibits antisocial or destructive      of these children are small because of a fail-
   behavior, shows exaggerated fearfulness;        ure to meet their nutritional needs and/or
   or suffers from substance abuse, or speech,     failure to meet their emotional needs. These
   eating, or habit disorders (biting, rocking,    children may also demonstrate delayed devel-
   whining).                                       opment and abnormal behavior. Some of
•	 There is evidence of poor supervision           the small children, however, do have hidden
   (repeated falls down stairs; repeated inges-    medical problems. Hospitalization may be




Child Abuse Prevention Handbook
required to screen for significant medical ill-    may be present, in varying degrees, fol-lowing
ness and, more important, to see if the child      chronic and severe emotional abuse, especially
responds to adequate nutrition and a nurtur-       when there is little or no nurturing.
ing environment with a rapid weight gain and
more appropriate behavior. Evaluation is more      This is especially true for neonates, infants
than weighting and measuring a baby. Chil-         and toddlers. These children may become
dren who suffer neglect may also receive spo-      chronically withdrawn and anxious and lose
radic disconnected medial care and are likely      basic social and language skills necessary for
only to be examined in emergency rooms.            intimate relationships. They may become
They may have no ongoing measurement of            developmentally delayed, socially limited, and,
development except as noted by caretakers.         in some cases, antisocial or chronically unable
Growth charts compare the child to other           to protect themselves from others.
children noting percentile size in head, body
length and weight. Feeding failure for what-       Verbal assault (belittling, screaming, threats,
ever reason will generally damage weight first,    blaming, sarcasm), unpredictable responses,
length second, and head circumference third,       continual negative moods, constant family
so it may be helpful to observe the caretaker’s    discord, and chronically communicating con-
feeding habits. In fact, the best environment      flicting messages are examples of ways parents
to observe this is in the home. Pediatric exper-   may subject their children to emotional abuse.
tise is vital to access such changes but growth
charts should be kept on all infants and tod-      Emotional abuse and neglect are also com-
dlers who may be suffering neglect. Failure to     ponents of other abuse and neglect. Sexual
document physical growth and other markers         abuse and physical abuse may be the official
of child development may prevent an accurate       category for a report but emotional damage
diagnosis and make it impossible to protect a      also exists. Emotional abuse/neglect may
child or provide useful intervention.              damage children of all ages but may be criti-
                                                   cal with infants and toddlers leaving them
If left untreated, the physical and/or emotional   with permanent developmental deficits.
health of the child may be endangered, and
emotional disorders, school problems, retar-       Behavioral Indicators of Children
dation, and other problems may result.
                                                   Emotional abuse may be suspected if the child:
                                                   •	 Is withdrawn, depressed and apathetic.
Emotional Maltreatment                             •	 Is clingy and forms indiscriminate attachments.
                                                   •	 “Acts out” and is considered a behavior
Emotional Abuse                                       problem (e.g. bullies others, chronically
                                                      uses profanity).
Just as physical injuries can scar and incapaci-
tate a child, emotional maltreatment can crip-     •	 Exhibits exaggerated fearfulness.
ple and handicap a child emotionally, behav-       •	 Is overly rigid in conforming to instructions
iorally and intellectually. Self-esteem can be        of teachers, doctors, and other adults.
damaged. Severe psychological disorders have
                                                   •	 Suffers from sleep, speech, or eating disor-
been traced to excessively distorted parental
                                                      ders.
attitudes and actions. One of the hallmarks
of emotional abuse is the absence of positive      •	 Displays other signs of emotional turmoil
interaction (e.g. praising) from parent to their      (repetitive, rhythmic movements; rocking,
child. Emotional and behavioral problems              whining, picking at scabs).




10	                                                                 Child Abuse Prevention Handbook
•	 Suffers from enuresis (bed wetting) and         Suspected cases of emotional abuse that con-
   fecal soiling.                                  stitute willful cruelty or unjustifiable punish-
•	 Pays inordinate attention to details, or        ment of a child are required to be reported
   exhibits little or no verbal or physical com-   by mandated reporters. This means a report
   munication with others.                         must be made of any situation where any
                                                   person willfully causes or permits any child
•	 Unwittingly makes comments such as,             to suffer, or inflicts on any child, unjustifiable
   “Mommy/Daddy always tells me I’m bad.”          mental suffering. (Pen. Code, § 11165.3.)
                                                   However, mandated reporters may also report
The behavior patterns mentioned may, of            any degree of mental suffering. While these
course, be due to other causes, but the suspi-     cases may not always be prosecuted, report-
cion of abuse should not be dismissed.             ing provides the opportunity for intervention
                                                   and/or therapy with the family.
Behavioral Indicators of Parents/
Caretakers                                         Emotional Deprivation
A child may become emotionally distressed
                                                   Emotional deprivation has been defined as
when:
                                                   “. . . the deprivation suffered by children
•	 Parents or caretakers place demands on          when their parents do not provide the nor-
   the child that are based on unreasonable        mal experiences producing feelings of being
   or impossible expectations or without           loved, wanted, secure, and worthy.”
   consideration of the child’s developmental
   capacity.                                       Caretakers might also provide cause for evalu-
•	 The child is used as a “battle ground” for      ation and possible reporting of a neonate at
   marital conflicts.                              risk. Withholding affection with touch, smiles
                                                   and sound may be more damaging than ver-
•	 The child is used to satisfy the parent’s/
                                                   bal and even physical assault. Children may
   caretaker’s own ego needs and the child is
                                                   provoke assault if necessary to gain nega-
   neither old enough nor mature enough to
                                                   tive interaction rather than suffer the pain of
   understand.
                                                   being ignored. This may damage children of
•	 The child victim is “objectified” by the        all ages but is critical for infants and young
   perpetrator, the child is referred to as “it”   toddlers. Intervention may include consid-
   (“it” cried, “it” died).                        eration of caretaker depression, substance
•	 The child is a witness to domestic violence.    abuse, parenting deficits, and lack of social or
                                                   financial support for the caretaker. Consid-
                                                   eration should be made for evaluation of the
Emotional abuse can be seen as proving a
                                                   caretaker for these issues as well as possible
self-fulfilling prophecy. If a child is degraded
                                                   domestic violence.
enough, the child will begin to live up to the
image communicated by the abusing parent
or caretaker.                                      Behavioral Indicators of Emotional
                                                   Deprivation
Emotional abuse cases can be extremely diffi-      Emotional deprivation may be suspected if the
cult to prove, and cumulative documentation        child:
by witnesses is imperative. Such cases should      •	 Refuses to eat adequate amounts of food
be referred to treatment as soon as possible.         and is therefore very frail.




Child Abuse Prevention Handbook	                                                                11
•	 Is unable to perform normal learned func-       Sexual abuse encompasses a broad spectrum
   tions for a given age (walking, talking);	      of behavior, and it may consist of many acts
   exhibits developmental delays, par-             over a long period of time (chronic molesta-
   ticularly with verbal and nonverbal social      tion) or a single incident. It may progress
   skills.                                         from less intimate types of sexual activity to
•	 Displays antisocial behavior (aggression,       active body contact and later to some form
   behavioral disruption, bullying others)         of penetration. Victims range in age from
   or obvious “delinquent” behavior (drug          younger than one year through adolescence.
   abuse, vandalism); conversely, is abnor-        Specifically, sexual assault includes: rape,
   mally unresponsive, sad, or withdrawn.          rape in concert, incest, sodomy, oral copula-
                                                   tion, penetration of genital or anal opening
•	 Constantly “seeks out”                                          by a foreign object, and child
   and “pesters” other                                             molestation. It also includes
   adults, such as teachers                                        lewd or lascivious conduct with
   or neighbors, for atten-                                        a child under the age of 14
   tion and affection.                                             years, which may apply to any
•	 Displays exaggerated                                            lewd touching if done with the
   fears.                                                          intent of arousing or gratifying
•	 Apathy, withdrawal                                              the sexual desires of either the
   and lack of response to                                         person involved or the child;
   human interaction.                                              lewd or lascivious conduct with
                                                                   a child 14 or 15 years of age by
                                                                   a person at least 10 years older
When parents ignore their                                          than the child; and unlawful
children, whether because                                          sexual intercourse with a minor
of drug or alcohol use,                                            under 16 years of age by a per-
psychiatric disturbances,                                          son over the age of 21 years.
personal problems, outside                                         Sexual exploitation includes
activities, or other preoccupying situations,      conduct or activities related to pornography
serious consequences can occur. However,           depicting minors, and promoting prostitution
reporting these situations is not mandated         by minors. (See Addendum III for a detailed
unless they constitute a form of legally defined   review of these crimes.)
abuse or neglect. Emotional neglect may be
seen as a lesser form of child abuse/neglect. It   The nature of sexual abuse, the guilt and
may not be reportable or may be assessed out       shame of the child victim, and the possible
with no intervention. It is, however, a central    involvement of parents, stepparents, friends,
issue for much of what damages children.           or other persons in a child caretaker role,
These children may return with more severe         make it extremely difficult for children to
damage and are therefore worthy of voluntary       come forward to report sexual abuse. Yet,
intervention and follow-up.                        despite these problems, reports of sexual
                                                   abuse made to child protective agencies
                                                   continue to increase. This increase is usually
Sexual Abuse                                       attributed to the passage of the Child Abuse
                                                   and Neglect Reporting Act and the public’s
As defined in the Child Abuse and Neglect          increased concern for child victims.
Reporting Act, sexual abuse is a sexual assault
on, or the sexual exploitation of, a minor.




12	                                                                 Child Abuse Prevention Handbook
Sometimes a child who does seek help is             •	 A child’s injury/disease (vaginal trauma,
accused of making up stories, because many             sexually transmitted disease) is unusual for
people cannot believe that the apparently              the specific age group.
well-adjusted person involved could be capa-        •	 A young girl is pregnant or has a sexu-
ble of sexual abuse. If the matter does come           ally transmitted disease. Pregnancy of a
to the attention of authorities, the child may         minor does not, in and of itself, constitute
give in to pressure from parents or caretakers         the basis of reasonable suspicion of sexual
and deny that any sexual abuse has occurred.           abuse and should not be reported. (Pen.
Even if protective attention is gained, the            Code, § 11166, subd.(a).) However, other
child may feel guilty about “turning in” the           information such as statements by the
abuser or breaking up the family and, con-             minor, indication of coercion, or significant
sequently, withdraw the complaint. This                age disparity between the minors may lead
process leads many to be skeptical of a child’s        to a reasonable suspicion of sexual abuse
complaint of sexual abuse, and leaves him or           that must be reported.
her feeling helpless and guilty for causing so
much trouble.
                                                    Behavioral Indicators
The sad reality of sexual abuse is that without
third party reporting, the child often remains      Sexual Behaviors of Children
trapped in secrecy by shame, fear, and the          It is natural for children to have curiosity
threats of the abuser.                              about their bodies, and therefore it may be
                                                    difficult to tease out whether a child is act-
                                                    ing sexually due to normal age appropriate
Indicators of Sexual Abuse                          curiosity or if it is in response to sexual abuse.
Sexual abuse of a child may surface through a       The following list of behaviors are indicators
broad range of physical, behavioral and social      of sexual abuse and deserve further evalu-
symptoms. Some of theses indicators, taken          ation with a mental health provider and/or
separately, may not be symptomatic of sexual        pediatric expert.
abuse. They are listed below as a guide, and        •	 Detailed and age inappropriate under-
should be examined in the context of other             standing of sexual behavior (especially by 		
behavior(s) or situational factors.4                   younger children).
                                                    •	 Inappropriate, unusual, or aggressive sexu-
History                                                al behavior with peers or toys.
•	 A child reports sexual activities to a friend,   •	 Compulsive indiscreet masturbation to the
   classmate, teacher, friend’s mother, or             exclusion of normal childhood activities.
   other trusted adult. The disclosure may
   be direct or indirect (“I know someone...”;      •	 “Excessive” curiosity about sexual matters
   “What would you do if...?”; “I heard                or genitalia (self and others).
   something about somebody.”) It is not            •	 Any coercion, force, pain in putting some-
   uncommon for the disclosure by children             thing in genitals of self or other child.
   experiencing chronic or acute sexual abuse
   to be delayed.
•	 Child wears torn, stained, or bloody under-
                                                    4
   clothing.                                          	State Office of Criminal Justice Planning Publication
                                                    	 (now known as the Governor’s Office of Emergency 		
                                                    	 Services), Medical Protocol for Examination of Sexual 		
                                                    	 Assault and Child Sexual Abuse Victims, 2001




Child Abuse Prevention Handbook	                                                                        13
This list is only meant as a very brief guideline.    Incestuous/Intrafamilial Abuse
Any time a mandated reporter has a “suspi-            Sexual abuse of children within the family is
cion” of child abuse, whether the indicator is        the most hidden form of child abuse. In spite
mentioned in this handbook or not, they must          of its taboo and the difficulty of detection,
report it to the proper authority.                    some researchers believe this abuse may be
                                                      even more common than physical abuse.
Behavioral Indicators in Older
Children and Adolescents                              Incest means sexual activity between certain
                                                      close relatives (e.g., parents and children, siblings,
As discussed previously, children may exhibit new
                                                      grandparents and grandchildren); intrafamilial
or concerning behaviors for a number of differ-
                                                      abuse means sexual activity between persons in a
ent reasons including child abuse as well as other
                                                      family setting (e.g., stepparents, boyfriends).
sources of childhood stress such as divorce, etc.
Any child who exhibits drastic behavioral chang-
                                                      In most reported cases, the father or another
es, runs away from home, becomes aggressive,
                                                      man acting as the parent is the initiator. In
depressed or exhibits delinquent behavior, has
                                                      some cases, the mother or another woman
frequent school absences, or has a sudden drop
                                                      is the offending adult. Although girls are the
in school performance, becomes fearful of home
                                                      most frequent victims, boys are also victims,
life, becomes withdrawn, abuses alcohol or
                                                      much more often than previously believed.
drugs, becomes suicidal, deserves our attention.
                                                      The embarrassment and shame deter girls and
If sexual abuse is suspected, it should be reported
                                                      boys alike from reporting the abuse.
to child protective services or law enforcement.
                                                      The initial sexual abuse may occur at any age,
Physical Symptoms
                                                      from infancy through adolescence. Sexual abuse
If a child has physical symptoms such as geni-        may be followed by guilt provoking demands for
tal discharge or infection, a sexually transmit-      secrecy and/or threats of terrible harm or conse-
ted disease, physical trauma or irritations to        quences if the secret is revealed. The child may
the anal/genital area (pain, itching, swelling,       then fear disgrace, hatred, or blame for breaking
bruising, bleeding, lacerations, or abrasions),       up the family if the secret is revealed.
they should be evaluated by a trained medical
professional as well as possible involvement of       Regardless of how gentle or forceful, or how
child protective services and law enforcement.        trivial or coincidental the first approach
                                                      may have been, sexual coercion tends to be
How to Get Help                                       repeated and to escalate over a period of
As discussed later in this handbook, most             years. The child may eventually accept the
counties have a team of nurse practitioners           blame for tempting and provoking the abuser.
and/or doctors who are trained specialist in
the evaluation and diagnosis of sexual abuse.         The mother, who would usually be expected
These teams are usually available 24 hours            to protect the child, may purposely try to
a day to evaluate acute (less than 72 hours)          stay isolated from a problem of sexual abuse.
sexual abuse cases, and are associated with           Sometimes she is distant and uncommunica-
the local emergency room. Some hospitals              tive, or so disapproving of sexual matters that
also have child abuse experts who are able to         the child is afraid to speak up. Sometimes
answer questions during the day.                      she is extremely insecure and the potential
                                                      loss of her husband or partner, and the eco-
                                                      nomic security he provides, is so threatening




14	                                                                      Child Abuse Prevention Handbook
that she cannot allow herself to believe or
even to suspect that her child is or could be
                                                    Exploitation/Child
at risk. She may have been a victim herself of      Pornography
child abuse and may not trust her judgment
or her right to challenge the male authority.       Internet Exploitation
Some mothers actually know their children
                                                    Children have always been vulnerable to
are sexually abused, but for whatever reason,
                                                    victimization, but with the wide use of the
they “look the other way.”
                                                    computer, a whole new danger threatens
                                                    children; with so many children online, today’s
Until the victim is old enough to realize that
                                                    predators can easily find and exploit them. By
incest and intrafamilial abuse are not common
                                                    the end of the year 2005, 77 million children
occurrences, and/or the victim is strong enough
                                                    were online and that number is only growing.
to obtain help outside the family, there is no
escape unless the abuse is reported.
                                                    Unfortunately, criminals are also using mod-
Extrafamilial Sexual Abuse                          ern technology. Today, with so many children
                                                    online, the Internet provides predators a new
Children who are abused by someone out-             arena (cyberspace) to target children for crimi-
side their family typically know their molester.    nal acts. Because of its anonymity, rapid trans-
They meet them at school, youth programs,           mission, and unsupervised nature, the Internet
churches, in their neighborhood, or at other rec-   has become the venue of choice for predators
reational activities. People who molest children    who transmit and receive child pornography.
fall into all age categories, including pre-teens
and the elderly. Although there are several clas-   Today, the virtual playground of cyberspace
sifications of child molesters, a pedophile pres-   affords these child sexual predators the opportu-
ents the greatest danger to children because a      nity to engage children in anonymous exchanges
pedophile’s main sexual interest is a child.        that often lead to personal questions designed to
                                                    assess whether the child can be lured into sexual
Pedophiles tend to be well liked by children        conversation and sexual contact. The nature of
and may choose work in professions or vol-          Internet crimes presents new challenges for law
unteer organizations that allow them easy           enforcement with regard to the collection of
access to children and where they can devel-        evidence, and apprehending offenders. The fol-
op the trust and respect of children and their      lowing are just a few statistics that highlight the
parents. They sometimes believe sex with            severity of the problem:
children is appropriate and even beneficial.
Children may be lured into sexual relation-         •	 One in 5 youths have received a sexual
ships with love, rewards, promises, and gifts.         approach or solicitation over the internet;
                                                    •	 One in 17 youth was threatened or
Most cases of extrafamilial sexual abuse               harassed in the past year;
involve a perpetrator known to the child.           •	 Only a fraction of all episodes was report-
However, cases of abuse by strangers do                ed to authorities such as the police, an
occur. Typically, in these cases the stranger          internet services provider, or a hotline;
will entice the child (“Will you help me find
my puppy?”), convince the child that his or         •	 In households with home internet access,
her parent requested the stranger to pick up           only 1/3 of parents said they had filtering
the child, or simply abduct the child.                 or blocking software on their computers.




Child Abuse Prevention Handbook	                                                                  15
Regardless of law enforcement’s ability to       •	 Tell your children to never give out their
detect and arrest child sexual predators using      address.
the Internet, the most effective protection
against child victimization is an involved and   The National Center for Missing and Exploited
educated parent. The following is a set of       Children’s (NCMEC) Cyber Tipline serves as a
guidelines recommended for parents regard-       national resource for tips and leads regarding
ing their children’s use of the Internet:        the sexual exploitation of children. NCMEC
•	 Help children to understand why it is         is a national clearinghouse for information
   important that they do not give out per-      on cases of abducted, runaway, and sexually
   sonal information, even if their new e-mail   exploited youth. NCMEC does not investi-
   pal seems to be real friendly, or a “cool”    gate such cases, but receives leads and dis-
   web site offers them a free gift for the      seminates them to various investigative law
   information.                                  enforcement agencies. In the effort to assist
•	 Let your children know they can come to       law enforcement, NCMEC offers technical
   you if they are receiving messages that       assistance, information dissemination, and
   make them feel uncomfortable. Tell them       advice. NCMEC can be reached through the
   that in such an event, they should save the   Internet at www.missingkids.com or by calling
   messages for you to read and handle in an     their toll free hotline at 1-800-843-5678.
   appropriate manner.
                                                 The Missing Children’s Program of the Office
•	 Set up guidelines that deal specifically      of Juvenile Justice and Delinquency Program
   with meeting people on the Internet. Talk     (OJJDP) initiated its Internet Crimes Against
   to your children about what to do if their    Children (ICAC) task force program where
   new Internet “friend” asks to see them in     state and local law enforcement agencies
   person, or wants your children to send pic-   can acquire the skills, equipment and person-
   tures of themselves.                          nel resources to respond effectively to ICAC
•	 Teach your children about “netiquette”        offenses. To learn more, please visit their web-
   (etiquette on the Internet), so that they 	   site at: ojjdp.cjrs.org/programs/index.html.
   will not accidentally offend anyone, but
   will still protect themselves.                NOTE: All mandated reporters are required
•	 Keep the computer in a high traffic part      to report suspected sexual exploitation. (For
   of the house such as the living room. You     further details on these laws, see Addendum
   can then easily monitor your children’s       III.)
   activities without making them feel as if
   you are watching over their shoulders all
   the time.                                     Abuse of Children with
•	 Find web sites you think your children will
   enjoy and “bookmark” them. This 	
                                                 Disabilities
   will help direct your children away from      Children with disabilities represent approxi-
   using search engines, where they might 	      mately 15% of the child population. The first
   find inappropriate sites.                     national study conducted on the incidence of
                                                 abuse of children with disabilities found that
•	 Most importantly, spend time with your        they are abused at approximately twice the
   children talking about their experiences      rate of those in the general population.6
   online. Give them a chance to show you        A more recent and comprehensive study
   what they have learned or the things they     published in 2001, conducted at Boys Town
   like.5



16	                                                               Child Abuse Prevention Handbook
University by Dr. Patricia Sullivan, found that      same, but in some cases, children with disabil-
the increased rate was 3.5 times that of             ities may easily bruise or fracture themselves,
children, in general.7 Yet, most profession-         so care must be taken to understand the
als estimate that the rates are much higher,         disability when assessing whether abuse has
somewhere between 4 to10 times the rate.8            occurred. Communication issues are critical.
                                                     Children are frequently able to communicate
Children may acquire serious and chronic dis-        the abuse, but they are often disbelieved due
abilities through abuse, and then become             to prejudice against or misunderstanding of
more vulnerable. An estimated 25 percent             individuals with disabilities. Use of assisted
of children with developmental disabilities          communication skills may be required, or the
acquired the disability as a direct result of        use of an interpreter may be necessary when
abuse.9 “Developmental Disability” is a legal        conducting an interview.
term defined in the Welfare and Institutions
code that established a network of Regional          Children with physical disabilities as well
Centers throughout California to provide for         as those with psychiatric, sensory (hearing,
the needs of children and adults with “devel-        vision), and communication (non verbal, lan-
opmental disabilities.” The main theme of            guage processing impairments) disabilities,
“developmental disability” is that the disabil-      have all been victims of abuse. Although
ity is of such significance that it interrupts the   statistics indicate that physical assault is most
normal developmental process of the child.           frequently reported, sexual abuse is recog-
This category of disability represents about         nized as grossly under reported. Incest and
5% of all children with disabilities. Child          abuse perpetrated within the family mirrors
Abuse  Neglect Disability Outreach is the           that which occurs in the general population.
only agency that provides wrap-around ser-           Emotional and verbal maltreatment is also a
vices to children with other disabilities.           serious problem among this population.

Children with developmental disabilities (those      In most cases to date, the perpetrators are
that impair the developmental process, such          male, with the victims nearly equally divided
as mental retardation, autism, cerebral palsy
and other physical disabilities) receive services
from a wide array of professionals, and thus,
are vulnerable to a much higher number of            5
                                                        	 Daniel Armagh, A Safety Net for the Internet: Protecting 		
trusted individuals who may abuse them. In           	    Our Children, American Prosecutor’s Research Institute’s 		
                                                     	    National Center for Prosecution of Child Abuse.
this population, 99 percent of the perpetra-         6
                                                       	 Westat Report: National Incidence Study on Abuse of 		
tors are known to and trusted by the child           	 Children with Disabilities, U.S. Department of Health and 		
and family.10 In many cases, when the per-           	 Human Services, 1991.
                                                     7
                                                        	 In Focus: The Risk and Prevention of Maltreatment of 		
petrator is an approved service provider, the        	 Children with Disabilities, National Clearinghouse on Child 		
abuse is not reported. However, when discov-         	 Abuse and Neglect Information, 2001.
                                                     8
ered, the perpetrator is fired and frequently        9
                                                        	 James Garbarino, Special Children, Special Risks, 1989.
                                                        	 N. J. Baladerian, Ph.D., unpublished research paper, 1991, 		
moves to new employment or a volunteer
                                                     	 prepared for Centers for Disease Control Conference on
position and continues the abuse.                    	 Prevention of Disabilities, Washington, D.C. Compiles all 		
                                                     	 studies available in literature search on abuse of children 		
Emotional and behavioral signs of abuse in           	 with disabilities and disability caused by abuse and neglect. 		
                                                     	 (A Nation’s Shame: Fatal Child Abuse and Neglect in the 		
children with disabilities may differ from those     	 United States, A Report of the U.S. Advisory Board on Child 	
exhibited by children without disabilities due       	 Abuse and Neglect, April 1995.)
                                                     10
to differences caused by the disability. For             	Seattle Rape Relief, Special Education Curriculum on Sexual 		
                                                     	 Exploitation, Seattle, WA; Developmental Disabilities Project, 	
example, physical signs of abuse are the             	 1979.




Child Abuse Prevention Handbook	                                                                                17
between boys and girls. No single category of      address issues of abuse as these relate to chil-
persons is identified as perpetrators. Howev-      dren with disabilities.
er, transporters (bus drivers) do appear to rep-
resent a high proportion of those convicted.       Cultural Differences
Some reports indicate that child abuse report-     Our ideas concerning the parenting of chil-
ing soars at ages five to six, when many chil-     dren may contrast greatly with other cultures.
dren enter school and come into contact with       Cultural differences may become evident in
mandated reporters. Children with disabilities     various aspects of child rearing. Cultural defi-
frequently stay within the school system until     nitions of child abuse and neglect are wide
age 22; however, after 18, their abuse would       and varied. Therefore, the professional must
be reported to Adult Protective Services.          be aware of the discrepancies between our
                                                   culture and others when assessing children
Most children with disabilities receive spe-       they suspect of being abused. There are
cial educational services, either on a regu-       times when the professional needs to make
lar school campus or a separate school.            decisions regarding whether to report child
Although they are mandated reporters, many         abuse, educate the parents, or simply accept
special education teachers believe that “no        the practice as “different” and not harm-
one would abuse a child with a disability”         ful. The law does give the professional some
and blind themselves to signs of abuse, and        guidance in this area. According to Welfare
do not report what they observe. They may          and Institutions Code section 16509, “Cul-
attribute physical signs or behavioral changes     tural and religious child rearing practices and
to the disability, rather than recognize these     beliefs which differ from the general com-
as potential signs of abuse. Further, because      munity standards shall not in themselves cre-
some disabilities result in behaviors of aggres-   ate a need for child welfare services unless
sion (toward self or others) there are increas-    the practice presents a specific danger to the
ing reports that teachers and teacher aides        physical or emotional safety of the child.”
abuse children in the school system through        Therefore, when a professional believes that
the misuses of restraint procedures.               a practice falls within the definitions of child
                                                   abuse, it must be reported. If a mandated
Information about abuse of children with dis-      reporter is unsure about a particular cultural
abilities is not familiar to many in the lay or    practice, it is recommended they contact their
professional communities, which may leave          local child protective services agency and dis-
these children more vulnerable to abuse. The       cuss their concerns. Since cultural practices
signs of abuse they display may be ignored or      are so diverse, mandated reporters are strong-
mistakenly attributed to the disability. Cases     ly encouraged to receive cultural diversity
are less likely to be reported, thoroughly         training to better understand these practices.
investigated, and prosecuted. Lack of serious
attention to the needs of disabled children
throughout the child abuse response system
is unique when compared to any other group
of child victims, and must be addressed. In
recent years, more attention to this popula-
tion has emerged with training programs for
those who respond to child abuse calls, and
modifications of training programs for man-
dated reporters are currently underway to




18	                                                                 Child Abuse Prevention Handbook
What is Not
                                                Child Abuse?


Mandated reporters often have questions               16509.1 are not considered child neglect.
about situations that may or may not be child         Not receiving specific medical treatment for
abuse. Listed below are situations or circum-         religious reasons (Pen. Code § 11165.2 (b)
stances that are not considered child abuse           is further codified in Welfare  Institutions
for purposes of the Child Abuse and Neglect           Code 16509, which states, “…religious child
Reporting Act:                                        rearing practices and beliefs which differ
                                                      from the general community standards shall
•	 Children fighting. Injuries caused by
                                                      not in themselves create a need for child
   children fighting by mutual consent. (Pen.
                                                      welfare services unless the practice presents
   Code, § 11165.6.)
                                                      a specific danger to the physical or emotional
•	 Reasonable force. Injuries caused by               safety of the child.”
   reasonable and necessary force used by a
                                                   •	 Voluntary sexual activity between
   peace officer acting within the scope of
                                                      children under the age of 14. Voluntary
   his or her employment. (Pen. Code,
                                                      sexual conduct between children who are
   § 11165.6.) Injuries caused by reasonable
                                                      both under the age of 14 years and who
   and necessary force used by public school
                                                      are of similar age and sophistication is not
   personnel to stop a disturbance that is
                                                      a crime and need not be reported under
   threatening physical injury to someone or
                                                      the Child Abuse and Neglect Reporting
   damage to property, for purposes of self-
                                                      Act. (People ex rel. Eichenberger v. Stock-
   defense, or to obtain possession of weap-
                                                      ton Pregnancy Control Medical Clinic, Inc.
   ons or other dangerous objects within the
                                                      (1988) 203 Cal.App.3d 225; Planned Par-
   control of a child. (Pen. Code, § 11165.4)
                                                      enthood Affiliates v. Van de Kamp (1986)
•	 Corporal punishment. Spanking is not               181 Cal.App.3d 245.)
   considered child abuse, however, when
                                                   •	 Pregnancy. Pregnancy of a minor, does
   “any person willfully inflicts upon any child
                                                      not, in and of itself, constitute the basis of a
   any cruel or inhuman corporal punishment
                                                      reasonable suspicion of sexual abuse. (Pen.
   or injury resulting in a traumatic condi-
                                                      Code, § 11166, subd. (1).) Pregnancy may
   tion,” it is considered “unlawful corporal
                                                      be cause for a report if the pregnancy was
   punishment” and must be reported. (Pen.
                                                      conceived by a female under age 16 and a
   Code § 11165.4)
                                                      male over 21. Similar consideration should
•	 Medical treatment. An informed and                 be made for other evidence of sexual activ-
   appropriate medical decision (Pen. Code §          ity including sexually transmitted diseases
   11165.2 (b) and treatment by spiritual means       including Gonorrhea, Chlamydia, Genital
   as provided by Welfare  Institutions Code         Herpes, genital warts and HIV.



Child Abuse Prevention Handbook	                                                                 19
•	 Past abuse of a child who is an adult at                and is only determined after completing an
   the time of disclosure. There is no duty                autopsy, a death scene investigation, and a
   to report child abuse unless the victim is a            review of the case history of both the baby
   child, meaning a person under the age of                and the family.11 SIDS is not contagious,
   18 years. (Pen. Code, § 11165.) Accord-                 and is not caused by immunizations, suf-
   ingly, past abuse of a child who is an adult            focation, or by child abuse or neglect.
   at the time of disclosure or discovery of the
   abuse need not be reported. However, if a          Researchers and clinicians have discovered
   mandated reporter has a “reasonable sus-           that although SIDS cannot be predicated or
   picion” due to the conversation with this          prevented, there are things parents and care-
   adult that someone under the age of 18             givers can do to lower an infant’s risk of SIDS.
   has been abused or is in danger of being           The Back-to-Sleep campaign, a national pub-
   abused, it must be reported.                       lic health educational effort, which began in
•	 Maternal substance abuse and positive              1994, recommends that all babies be placed
   toxicology screen at birth. A positive             on their backs to sleep, unless otherwise
   toxicology screen at the time an infant is         instructed by a physician. Infant care prac-
   delivered is not, in and of itself, a sufficient   tices that should be followed by parents to
   basis for reporting child abuse or neglect.        reduce their baby’s risk for SIDS include the
   However, any indication of maternal sub-           following:
   stance abuse shall lead to an assessment           •	 Always place your baby on his/her back to
   of the needs of the mother and child pur-             sleep, even for naps.
   suant to Health and Safety Code section
   123605. If other factors are present that          •	 Never allow smoking around your baby.
   indicate a risk to the child, a report must        •	 Place your baby on a firm, flat surface to
   be made, but a report based on risk to                sleep.
   a child that relates solely to the parent’s        •	 Remove all soft things such as loose bed-
   inability to provide the child with regular           ding, pillows, and stuffed toys from the
   care due to the parent’s substance abuse              sleep area.
   shall be made only to county welfare
   departments and not to law enforcement             •	 Never place your baby on a sofa, water-
   agencies. (Pen. Code, § 11165.13.)                    bed, soft chair, pillow, or beanbag.
•	 Sudden Infant Death Syndrome (SIDS).               •	 Take special precautions when your baby is
   SIDS is the sudden death of an infant                 in bed with you.
   under one year of age which remains                •	 Make sure your baby doesn’t get too hot.
   unexplained after a thorough case inves-           •	 Keep your baby’s face and head uncovered
   tigation including performance of a com-              during sleep.
   plete autopsy, examination of the death
   scene, and review of the clinical history          •	 Share this information with everyone who
   (Willinger, et al., 1991). It is the major            cares for your baby.
   cause of death infants from one month to
   one year of age, with most death occur-
   ring between two and four months. SIDS
   occurs quickly and quietly in seemingly
   healthy infants, usually during sleep and
   happens in all social, economic, and ethnic
   groups. It is a recognized cause of death          11
                                                        What is SIDS. US Department of Health and Human 		
                                                      	 Services, Maternal and Child Health Bureau, 2004.




20	                                                                     Child Abuse Prevention Handbook
Who are Child
                                               Abusers?


Child abuse occurs in all cultural, ethnic,        Early identification, reporting, and interven-
occupational, and socioeconomic groups.            tion are essential and vital to protect the child
Although many people assume that parents           because people who abuse typically repeat
are the only culprits, children can become         the abuse and increase its frequency.
victims of abuse by persons in non-parental
relationships, such as siblings, family friends,   Over the years, studies have shown that a
neighbors, acquaintances, or strangers.            variety of factors are associated with child
Those who abuse children may also be trusted       abuse. Many of these factors apply to and
to care for our children, such as teachers,        characterize the general population (such as
childcare providers, or foster parents. They       stress, social isolation, transiency, and other
may be male or female; they may be adults,         factors discussed in this section). Child abuse
adolescents, or children.                          is seldom the result of any single factor.
                                                   Rather, a combination of circumstances and
According to recent statistics, more than 80       personality types may precipitate an act of
percent of perpetrators were parents. Other        abuse. The existence of one or more of the
relatives accounted for 7 percent and unmar-       following factors could trigger abusive acts: a
ried partners of parents accounted for 3 per-      predisposition toward maltreatment (perhaps
cent. The remaining percent includes persons       as a result of having been abused, neglected,
with other relationships, e.g., camp coun-         or witnessing domestic violence); emotional
selors, school employees, or unknown rela-         stress, such as marital or employment prob-
tionships to the child. Female perpetrators,       lems; substance abuse; a lack of constructive
mostly mothers, are typically younger than         outlets for tension, anger, or aggression; or
male perpetrators, mostly fathers. Women           poor impulse control.
also comprised a larger percentage than
men, 58 percent compared to 42 percent.12          Many people cannot understand how a par-
As previously reported, child abuse fatalities     ent can abuse or neglect a child. Frequently,
have increased over the past several years. In     abusive parents or caretakers themselves
2002, one or both parents were involved in
79 percent of child abuse and neglect fatali-
ties. Of the other 21 percent of fatalities, 16    12
                                                      	National Clearinghouse on Child Abuse and Neglect 		
percent were the result of maltreatment by         	 Information, Child Maltreatment: Summary of Key Findings, 	
non-parent caretakers, and 5 percent were          	 2003.
from unknown person or persons.13                  13
                                                     	 National Clearinghouse on Child Abuse and Neglect, Child 		
                                                   	 Abuse and Neglect Fatalities: Statistics and Interventions, 		
                                                   	 2004.




Child Abuse Prevention Handbook	                                                                            21
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Ca child abuse_prevention_handbook_2007_ada

  • 1. CHILD ABUSE Prevention Handbook . . . and intervention guide Crime and Violence Prevention Center California Attorney General’s Office
  • 2. Child Abuse Prevention Handbook ...and intervention guide Crime and Violence Prevention Center California Attorney General’s Office
  • 3. April 2006 Revised January 1982, August 1985, March 1993 and January 2000 This Handbook and accompanying Addenda provide general information and current laws to serve as a practical aid for those who work with children in the field of child abuse prevention and to assist mandated reporters and others in determining their reporting responsibilities. The Addenda will be updated every year. Therefore, if there are discrepancies between the Addenda and the Handbook, please use the information in the Addenda as the most current. Both publications are not intended to be and should not be considered legal advice. In the event there are questions about laws related to reporting responsibilities in a specific case, the advice of legal counsel should be sought. All revisions to the law in this handbook reflect changes through December 2005, unless otherwise noted.
  • 4. Message from the Attorney General Child abuse and neglect have both human and economic costs. For example, in 2004, the California Department of Social Services estimated that 378,301 cases of abuse and neglect involving approxi- mately 713,391 children were referred for investigation. According to an audit conducted in 2002 by the California Department of Health Services, 140 children died in the state as a result of abuse and neglect. Prevent Child Abuse-America, one of the nation’s leading child abuse prevention organiza- tions, estimates the total annual direct and indirect costs of child abuse and neglect is approximately $94 billion dollars. New research suggests that children chronically exposed to violence, either through child maltreat- ment or being raised in homes where domestic violence is present, suffer increased risk of experiencing depression, post-traumatic stress disorder, greater alcohol and drug abuse and lower academic achieve- ment. In California, approximately one in four children are directly exposed to violence as a victim or witness. Childhood abuse and neglect increases the odds of arrest as a juvenile by 59%, as an adult by 28% and for a violent crime by 30%. In California, many communities are involved, and many more are becoming involved, in intervening in the lives of maltreated children. Child Welfare Services (CWS) recently developed an innovative approach to address the problems of children and families at the community level. Their vision, “Every child living in a safe, stable, permanent home, nurtured by healthy families and strong communities,” serves as a “call to action” for communities to provide the resources necessary to intervene with fami- lies before they come to the attention of CWS. In the long term, strengthening communities and fami- lies will go a long way to reducing the number of maltreated children in our state. The Department of Justice takes a proactive role in the prevention of child abuse and neglect. The department launched Safe from the Start, a statewide effort designed to reduce children’s exposure to violence. The Department developed a Megan’s Law CD-Rom and the California Sex Offender Informa- tion Line. The Department administers the California State Child Death Review Council which contin- ues to support local child death review teams in their efforts to prevent fatal child abuse and neglect. The purpose of this handbook is to serve as a guide for those who work with children and who are mandated to report suspected abuse under the California Child Abuse and Neglect Reporting Act. The handbook provides an overview of the laws, practices and procedures for the prevention, identification, reporting, treatment, investigation, and prosecution of child abuse and neglect. It has been updated to reflect current changes in law and practice. As in the past, we hope that you find its contents helpful. We cannot view the protection of children as a single person‘s or organization‘s responsibility. Only our collaborative efforts will ensure a healthier life for the children of California.
  • 5. “There is no greater insight into the future than recognizing when we save our children, we save ourselves.” Margaret Meade
  • 6. Table of Contents What is Child Abuse? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 The Extent of the Problem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Physical Abuse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Physical Neglect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Sexual Abuse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Exploitation/Child Pornography . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Abuse of Children with Disabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Cultural Differences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 What is Not Child Abuse? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Who are Child Abusers? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 The Nexus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Reporting Child Abuse and Neglect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 The Child Abuse Reporting Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Who Reports? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Immunity from Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Liability for Failure to Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Purpose of Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Making a Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 What Happens to the Report? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Professional Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Child Day Care Providers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
  • 7. Out-of-Home Child Care Providers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Medical Community . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Child Welfare (Protective) Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Law Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Coordinated Investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Multidisciplinary Child Death Review Teams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Legal Community . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Court Appointed Special Advocates (CASA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Probation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Prevention, Intervention and Treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 The Role of the Community . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Victims of Crime Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Appendices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Appendix I: Child Abuse Reporting Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Appendix II: Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 Appendix III: Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 Acknowledgments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 PLEASE NOTE: Addendum I – California Child Abuse and Neglect Reporting Act; Addendum II – Juvenile Dependency Proceedings; Addendum III – Child Abuse Crimes; and Addendum IV – Guidelines for Investigation of Child Abuse in Out-of-Home Care Facilities are a part of this handbook but are located in a separate publication and will be updated on a yearly basis.
  • 8. What is Child Abuse? To many, child abuse is narrowly defined as Certain persons, known as mandated report- having only physical implications. In reality, ers, are required by law to report any known child abuse includes: or suspected instance of child abuse. Every- • Physical abuse; unlawful corporal punish- one else may report child abuse and neglect. ment or injury. Indicators for suspected child abuse are pre- sented in this publication to assist mandated • General and severe neglect. reporters in meeting their responsibilities • Sexual abuse; sexual assault; exploitation under the Child Abuse and Neglect Reporting • Willful harming or endangering a child; Act. (See Addendum I for a list of mandated emotional maltreatment. reporters.) One of the most important indicators for Child abuse may involve multiple categories suspecting child abuse is when a child tells in each family. They include both (overt) acts someone that he or she has been abused. and omissions. Competent assessments and When a child tells a particular person who is interventions must consider evaluating mul- an individual required to report child abuse, tiple categories of abuse. the communication is not privileged. That individual, by law, must report what the child The act of inflicting injury or the failure to has related to him or her. An only exception act so that injury results, is the basis for is when the information is relayed during making the decision to intervene. A parent “penitential communication.” A clergy mem- or caretaker may begin by inflicting minor ber who acquires knowledge or reasonable injuries, then may increasingly cause more suspicion of child abuse during penitential serious harm over a period of time. There- communication is not required to report fore, detecting the initial small injuries and abuse or neglect. Penitential communication intervening with preventive action may save a is the communication, intended to be in child from future permanent injury or death. confidence, including but not limited to, a sacramental confession, made to a clergy Physical injuries, neglect and malnutrition are member who, in the course of the discipline more readily detectable than the subtle and or practice of his or her church, denomina- less visible injuries that result from emotional tion, or organization, is authorized or accus- maltreatment or sexual abuse. However, all tomed to hear those communications, and categories of abuse endanger or impair a under the discipline, tenets, customs, or child’s physical and/or emotional health and practices of his or her church, denomination, development and demand attention. or organization has a duty to keep those Child Abuse Prevention Handbook
  • 9. communications secret. (Pen. Code, § 11166 including the U.S. Department of Health and subd. (c) (1)). In addition, and in the recent Human Services, the U.S. Department of Jus- past, “any custodian of records of a clergy tice and the U.S. Census. According to their member” were made mandated reporters conservative estimates, approximately $94 and are now required to report child abuse billion is spent each year on direct (those costs and neglect. Mandated reporters who report associated with the immediate needs of abuse suspected child abuse cases have immunity, and neglected children) and indirect cost both civilly and criminally, for making reports. (those costs associated with the long-term (See “Liability for Failing to Report” page 30.) and/or secondary effects of child abuse and neglect) for child abuse and neglect.2 The probability that child abuse and neglect The Extent of the Problem is a leading cause of childhood deaths seems to be generally accepted. The National Child In 2003, the National Clearinghouse on Child Abuse and Neglect Data Systems (NCANDS) Abuse and Neglect reported an estimate of reported that in 2003, there were an estimat- 2.9 millions referrals concerning the welfare ed 1,500 child fatalities related to child abuse of approximately 5.5 million children were and neglect. More than three-quarters (79%) made to child protective services agencies of children who were killed were younger throughout the United States. Of these, than 4 years old. More than one-third of approximately two-thirds (1.9 million) were child fatalities were attributed to neglect. accepted for investigation for an assessment. The rate of child abuse and neglect fatalities More than 60 percent of child victims expe- reported by NCANDS has increased slightly rienced neglect. Almost 19 percent were over the past several years from 1.84 per physically abused, 10 percent were sexually 100,000 children to 1.98 in 2002. However, abused and 5 percent were emotionally mal- experts do not agree whether this represents treated. Girls were slightly more likely to be an actual increase in child abuse and neglect victims than boys. Pacific Islanders, Ameri- fatalities, or whether it may be attributed to can Indian and Alaska Native, and African- improvements in reporting procedures. American children had the highest rates of victimization when compared to their national In California, the Department of Health Ser- population. While the rates of white victims vices estimates that 140 children died as a of child abuse or neglect were 11.0 per 1,000 result of child abuse and neglect in 2002. children, the rate for Pacific Islanders was Also in California, the Fatal Child Abuse and 21.4 per 1,000 children, the rate for Ameri- Neglect Surveillance (FCANS) Program was can Indian or Alaska Natives was 21.3 per introduced to local child death review teams 1,000 children and the rate for African-Ameri- in the fall of 2002. The goal of FCANS is for cans was 20.4 per 1,000 children.1 all child deaths to be reviewed by local child death review teams and for the teams to In addition to the enormous human costs gather relevant data to assist in reducing child of child abuse and neglect, there are huge abuse fatalities. (See page 54 for information financial costs. In 2001, Prevent Child Abuse- on child death review teams) America, a leading child abuse prevention organization, published data that represented Many researchers and practitioners believe the first attempt at documenting the nation- child fatalities due to abuse and neglect wide costs resulting from abuse and neglect. are under reported. State definition of key Data was drawn from a variety of sources, terms such as “child homicide,” “abuse” and Child Abuse Prevention Handbook
  • 10. “neglect” vary, therefore, so do the numbers levels of government. Efforts continue to and types of child fatalities they report. In be made to develop systems that will reflect addition, some deaths officially labeled acci- more accurately the scope and degree of child dents, child homicides and/or Sudden Infant abuse and neglect, e.g. FCANS. The number Death Syndrome (SIDS), might be attributed of suspected child abuse cases reported and to child abuse and neglect if more compre- investigated in California has steadily risen hensive investigations were conducted or if over the years as a result of the Child Abuse there were more consensus in the coding of and Neglect Reporting Act and the increased abuse on death certificates.3 attention paid to the problem by profession- als and the public. For example, in 2004, the When addressing the issue of child maltreat- California Department of Social Services esti- ment, and especially child fatalities, preven- mated that 378,301 referrals for investigation tion is a recurring theme. Well-designed and of child abuse and neglect involving 713,391 properly organized child fatality teams appear children were handled by child welfare ser- to offer hope for defining the underlying vices agencies. Of these, 17 percent were nature and scope of fatalities due to child for physical abuse, 39 percent for general abuse and neglect. The child fatality review neglect, 1.5 percent for severe neglect, 8 per- process helps identify factors that may assist cent for sexual abuse, 4 percent for caretaker prevention professionals to prevent future absence, 9 percent for emotional abuse, and deaths. (For more information on the Califor- 1 percent for exploitation and 21 percent for nia’s child death review process, see page 54) other. (See chart on page 5.) Although young children are more “at risk” The Department of Justice maintains a Child of abuse than adolescents, the problem of Abuse Central Index which contains data adolescent abuse is often underestimated. from child abuse investigations submit- Unfortunately, child protective services may ted by law enforcement agencies and child discount adolescents because they are con- welfare services. Between 1999 and 2003, sidered to be less “at risk” than younger 189,576 child abuse investigation reports children, and because adolescents are seen as were received by the Department of Justice. having more options than younger children. Of these, 49 percent involved physical abuse, Because it is believed that adolescents are 24 percent involved sexual abuse, 27 percent able to leave the house until the parent/care- involved severe neglect and emotional mal- taker “calms down,” they can fight back or, treatment. (For further information on the in some cases, take the abuse with only tem- Child Abuse Central Index, see page 32.) porary discomfort, they are not considered as helpless as younger children. However, many child prostitutes and young people involved in alcohol and drug abuse are victims of physical or sexual abuse and neglect at home. Many “runaways” have similar histories. Thus, ado- lescents may have more options than younger 1 National Clearinghouse on Child Abuse and Neglect children, but they are not necessarily positive Information, Child Maltreatment 2003: Summary of Key options. Adolescent abuse remains a serious Findings problem that deserves attention and action. 2 Prevent Child Abuse-America, Total Estimated Costs of Child Abuse and Neglect in the United States, Statistical Evidence, 2001 The gathering of accurate information and 3 National Clearinghouse on Child Abuse and Neglect: statistics is recognized as a problem at most Statistics and Interventions, 2002 Child Abuse Prevention Handbook
  • 11. Physical Abuse • Knowledge that a child’s injury is unusual for a specific age group (any fracture in an Physical abuse is any non-accidental act that infant). results in physical injury. Inflicted physical injury most often represents unreasonably severe cor- • Unexplained injuries (parent, caretaker, or poral punishment or unjustifiable punishment. child is unable to explain reason for injury; This usually happens when a person is frus- there are discrepancies in explanation; trated or angry and strikes, shakes, or throws blame is placed on a third party; explanations the child. Intentional, deliberate assault, such as are inconsistent with medical diagnosis). burning, biting, cutting, poking, twisting limbs, • Parent or caretaker delays seeking care or otherwise torturing a child, is also included in for a child or fails to seek appropriate this category of child abuse. care. Indicators of Physical Abuse Behavioral Indicators These indicators are used to help distinguish Children may exhibit new or concerning accidental injuries from cases of suspected behaviors for a number of reasons including physical abuse: child abuse as well as other sources of child- hood stress such as parental divorce, death in the family, etc. If a child exhibits drastic Location and Type of Injury behavioral changes, is excessively aggressive, Padded areas as the buttocks, back of legs, violent or destructive, is cruel to animals, or genitalia and cheeks are more concerning becomes visibly depressed or suicidal, a seri- in that it takes more force to cause bruising. ous mental health evaluation should be done. Bruises happen when the blood vessels break In addition, it may be an indication that the under the skin. Thus children who are old child has been abused. If abuse is suspected, enough to walk often fall and have bruises the mandated reporter must inform Child over boney surfaces such as the forehead, Protective Services or law enforcement about knees, shins where blood vessels are break- their concerns. ing between two hard surfaces (the floor for example and the underlying bone). However, simple falls and even disciplinary spanking with Types Of Injuries an open palm should not be forceful enough to cause bruising to the buttocks. Protected Damage To Skin and Surface areas such as ears, neck, and upper lip are Tissue more concerning because it is difficult to accidentally bump or fall on these areas. Pat- terned injuries such as loop marks, slap marks, Bruises or grab marks are highly suspicious and in Bruises, also referred to as contusions, result- some cases indicative of inflicted trauma. ing from abuse are found on multiple surfaces of the body, particularly the buttocks, back, genitals, and face. They may appear in a History characteristic pattern (outline of hand, paired The history includes all facts about the child bruises from pinching), or they may clearly and the injury, including: resemble an impression of an item of jewelry • Statements by the child that the injury was (a ring), or a disciplinary imprint (a paddle, caused by abuse. switch, or coat hanger). Linear bruise marks, Child Abuse Prevention Handbook
  • 12. Number of Children Referred for Investigation in California 1991 - 2004 706,918 715,062 713,391 700,000 690,005 670,426 660,942 600,000 571,214 540,577 500,000 Number of Children 400,000 300,000 200,000 100,000 1991 1993 1995 1996* 1999* 2001 2003 2004 2004 Number and Percentage of Children by Type of Abuse (Total Number of Children 713,391) Emotional Abuse Severe Neglect 62,146 (9%) 11,398 (1.5%) Physical Abuse 124,751 (17%) Other** 147,496 (21%) Sexual Abuse 58,926 (8%) Caretaker Absence/Incapacity 31,225 (4%) Exploitation 817 (1%) General Neglect 276,632 (39%) Source: California Department of Social Services, Statistical Services Branch * The caseload fall from 1996 to 1999 may be due to transitional issues relating to the implementation of the Child Welfare Services/Case Management System (CWS/CMS) ** Includes children at risk and at substantial risk of abuse and neglect.
  • 13. strap marks, or loop marks going around a dentists, skilled evidence technicians, or other curved body surface are almost always evi- experienced individuals. Salivary swabbing dence of abuse. should be collected, because they may be used to determine the blood type or even It is not possible to date bruises. The colors DNA of the biter. In penetrating bite marks, red, blue, purple or black can occur at any services of the individuals listed above should time. In addition, bruises of identical age and also be obtained in order to secure accurate cause on the same person may look different impressions of the bitten area. and may resolve differently. If properly collected and analyzed by experi- In cases where bruises are suspected bite enced forensic dentists, bite mark evidence marks, investigators should also be prepared can point to the guilt or innocence of a to seek the expertise of forensic odontolo- perpetrator suspected of involvement in the gists. physical or sexual abuse of a child. Abrasions, Lacerations Burns As with bruising, the multiplicity and location The location of a burn and its characteristics of the wounds should be considered. For (shape, depth, margins, etc.) may indicate example, lacerations under the tongue or abuse. It is important to keep in mind that those of a torn frenulum (the small piece of children instinctively withdraw from pain. tissue connecting the gum to the lip) could be Burns, without some evidence of withdrawal, caused by falling with an object in the mouth are highly suspect because a child will usually or by the use of excessive force during feed- try to escape, which will result in splashes, ing. Both are suspicious injuries when the vic- uneven burns and sometimes burns on the tim is an infant who is still unable to stand. hands. Whipping a child with a belt buckle or belts Scalding a child with hot liquid is the most or cords that are looped may cause lacera- common abuse burn. Young infants are com- tions resembling a “C” or “U” shape or other monly scalded by immersion, and older chil- wounds with distinctive shapes. dren by having liquids thrown or poured on them. Bite Marks Bite marks may be found on any part of a When children are forcibly held in hot water, child’s body. They may appear to be dough- there are often sharply demarcated burns. If nut shaped, double horseshoe shaped, or held in water in a “jackknife” position, only oval in configuration. Individual teeth or the buttocks and genitalia may be burned. If a blurry area with varying colorations may held down forcibly in a sitting position, the be observed, depending on the age of the center part of the buttocks (if pressed tightly bite mark lesion. Time is of the essence in against the tub) is spared from burning, thus recording bite marks through photography resulting in a “doughnut shaped” burn. If and/or video taping because some lesions will the extremities are forcibly immersed in hot become less distinct with time. water, “glove” or “sock” burns to the hands or feet may result. The burns are often sym- Photography, employing non-distorting cam- metric and an immersion line is readily evi- eras, with rulers or scales adjacent to the dent. lesion, should be accomplished by forensic Child Abuse Prevention Handbook
  • 14. Abuse may also be suspected when burns are for the child’s state, head injury from possible pointed or deeper in the middle. This indi- abuse should be considered. The caretaker’s cates that hot liquid was poured on, or a hot explanation for a fall should be carefully doc- object (poker, utensil) pressed into the skin. umented as to who was present, the distance of the fall, the type of surface hit, and time of Another type of burn characteristic of abuse the injury. has the shape of a recognizable object evenly burned into the victim’s skin. These burns The medical evaluation is critical but should indicate forced contact or “branding” with, not stand-alone. A complete evaluation, even for example, the grill of an electric heater, the with severe injury, includes a psychosocial element of an electric stove, or an iron. evaluation of the family, caretakers and home, which can be completed by hospital social Cigarette burns are difficult to diagnose, but workers. In general, these evaluations should when inflicted they are often multiple and are be considered in all cases where child abuse is usually found on the palms or soles. There suspected. is a searing effect, perhaps with charring around the wound. Abusive Head Trauma Abusive head trauma, (Shaken Baby Syn- Rope “burns” appear around wrists or ankles drome), describes a constellation of signs when children are tied to beds or other struc- and symptoms resulting from violent shaking tures. or shaking and impacting of the head of an infant. The degree of brain damage depends Damage To Brain on the amount and duration of the shaking and the forces involved in the impact of the Head Injuries head. Signs and symptoms range on a spec- Head injuries are the most common cause of trum of neurological alterations from minor child abuse related deaths and an important (irritability, lethargy, tremors, vomiting) to cause of chronic neurological disabilities. major (seizures, coma, stupor, death). These neurological changes are due to destruction Whenever abuse or neglect is suspected, a of the brain cells secondary to trauma, lack of careful examination of the child’s eyes and oxygen to the brain cells, and swelling of the nervous system should be performed to look brain. Extensive retinal hemorrhages in one for signs of intracranial injury. For certain or both eyes are found in the vast majority groups of suspected victims, a full skeletal of these cases. The classic triad of subdural trauma series may be necessary as well as tox- hematoma, brain swelling, and retinal hem- icology. Serious intracranial injury can occur orrhages are accompanied in some, but not without visible evidence of trauma on the all cases, by bruising of the part of the body face or scalp. Children with any soft tissue used as a “handle” for shaking. Fractures of injury to the head should be neurologically the long bones and/or of the ribs may also be assessed and have an ophthalmological evalu- seen in some cases. Rib fractures or metaphy- ation to look for retinal hemorrhages. These seal fractures (also called bucket handle or injuries may cause brain damage or death if corner fractures) are particularly concerning undetected and untreated. in young children and if seen should prompt further investigation for a possible shaking When a child is in an unconscious or unre- event. In many cases, however, there is no sponsive state and there is no external evi- external evidence of trauma either to the dence of injury and no adequate explanation head or the body. Child Abuse Prevention Handbook
  • 15. Approximately 20 percent of cases are fatal in Fractures are most suspicious for inflicted the first few days after injury. Survivors suffer trauma when there are multiple lesions, they from handicaps ranging from mild learning are in different stages of healing, and there disorders and/or behavioral changes, to mod- are unsuspected lesions. Other fractures erate and severe, such as profound mental that raise suspicion are: metapyhseal frac- and developmental retardation, paralyses, tures (also known as corner, chip, or bucket blindness, inability to hear, or a permanent handle fractures) which are at the end of long vegetative state. bones and may be fractures from excess trac- tion, jerking, and twisting injuries; multiple A careful post mortem examination is required rib fractures, especially back rib fractures; of all infant deaths in California. These exam- and healing or healed fractures without an inations should always include evaluation for explanation revealed by x-rays. For young signs of intracranial bleeding, retinal hemor- victims, x-ray bone surveys are important tools rhages, and points of impact on or within the used to diagnose suspected physical abuse. body. Evaluations of potentially suspicious Radioisotope bone scans may pick up healing cases also should include forensic lab study by fractures, subperiosteal hematomas, etc. A protocol, including toxicology, microscopic tis- pediatric radiologist should be consulted on sue examination (including the retina), and a all suspicious cases. full trauma x-ray series. Damage To Other Internal Organs Physical Neglect Internal Injuries Neglect is the negligent treatment or mal- treatment of a child by a parent or caretaker Blunt blows to the body can cause serious under circumstances indicating harm or internal injuries to the liver, spleen, pancreas, threatened harm to the child’s health or wel- kidneys, and other vital organs and occa- fare. The term includes both acts of commis- sionally can cause shock and result in death. sion and omissions on the part of the respon- Internal injuries are the second leading cause sible person. The California Child Abuse and of death for victims of child abuse. Neglect Reporting Act defines two categories of physical neglect, severe neglect and gen- Detectable surface evidence of such trauma eral neglect. is present only about half the time. Physi- cal indicators of serious internal injuries may Severe neglect means the negligent failure include distension of the abdomen, blood in of a parent or caretaker to protect the child the urine, vomiting, and abdominal pain. from severe malnutrition or medically diag- nosed non-organic failure to thrive. It also Damage To Skeleton means those situations of neglect where the parent or caretaker willfully causes or permits Fractures the person or health of the child to be placed Any unexplained fracture in an infant or tod- in a situation such that his or her person or dler is cause for additional inquiry or investi- health is endangered. This includes the inten- gation. Rib fractures, especially of back ribs, tional failure to provide adequate food, cloth- are the most common fractures found in ing, shelter, or medical care. abused children and are caused from either blunt force (hit) or compression (squeezed). General neglect means the negligent failure of a parent or caretaker to provide adequate Child Abuse Prevention Handbook
  • 16. food, clothing, shelter, medical care, or super- tions of harmful substances; a child cared vision where no physical injury to the child has for by another child); the child is left alone occurred. in the home, or unsupervised under any circumstances (left in car, street). An example of inadequate supervision is when • The conditions in the home are unsanitary parents leave their children unsupervised dur- (garbage, animal, or human excrement); ing the hours when the children are out of the home lacks heating or plumbing; there school. These parents are often unable to are fire hazards or other unsafe home arrange childcare services to meet their needs. conditions; the sleeping arrangements are Although these parents may not regard them- cold, dirty, or otherwise inadequate. selves as “neglecting their children,” leaving young children without supervision may con- • The nutritional quality of food in the home stitute general neglect. Children left in these is poor; meals are not prepared; refrigera- circumstances may also be particularly vulner- tor or cupboards contain spoiled food. able to accidents, injuries, or crime. Because these parents don’t see any wrongdoing, this While some of these conditions may exist in is a very complicated area that is subject to any home environment for a variety of dif- controversy regarding the age when children ferent reasons, e.g., poverty, welfare reform, should be left alone, societal and community and limitations on entitlement programs, it is responsibilities to provide resources, and gov- the extreme or persistent presence of these ernmental requirements. factors that indicate some degree of neglect. Disarray and an untidy home do not neces- Prenatal neglect is maternal substance abuse sarily mean the home is unfit. Extreme condi- coupled with significant risk factors that indi- tions resulting in an “unfit home” constitute cate the parent’s inability to provide the child neglect that may justify protective custody with adequate care. and dependency proceedings under Welfare and Institutions Code section 300 (see Adden- dum II), as well as criminal neglect charges. Indicators of Neglect (See Addendum III.) Neglect may be suspected if any of the fol- lowing conditions exist: Psychosocial Failure to Thrive • The child is lacking adequate medical or Infants or young children who are much dental care. smaller than would be expected at a par- • The child is often sleepy or hungry. ticular age can present a difficult diagnostic problem for physicians. After excluding those • The child is often dirty, demonstrates infants who are small because they were poor personal hygiene, or is inadequately small at birth, there remains a large group of dressed for weather conditions. infants with low weights and perhaps short • The child is depressed, withdrawn or apa- lengths and small head circumferences. Some thetic; exhibits antisocial or destructive of these children are small because of a fail- behavior, shows exaggerated fearfulness; ure to meet their nutritional needs and/or or suffers from substance abuse, or speech, failure to meet their emotional needs. These eating, or habit disorders (biting, rocking, children may also demonstrate delayed devel- whining). opment and abnormal behavior. Some of • There is evidence of poor supervision the small children, however, do have hidden (repeated falls down stairs; repeated inges- medical problems. Hospitalization may be Child Abuse Prevention Handbook
  • 17. required to screen for significant medical ill- may be present, in varying degrees, fol-lowing ness and, more important, to see if the child chronic and severe emotional abuse, especially responds to adequate nutrition and a nurtur- when there is little or no nurturing. ing environment with a rapid weight gain and more appropriate behavior. Evaluation is more This is especially true for neonates, infants than weighting and measuring a baby. Chil- and toddlers. These children may become dren who suffer neglect may also receive spo- chronically withdrawn and anxious and lose radic disconnected medial care and are likely basic social and language skills necessary for only to be examined in emergency rooms. intimate relationships. They may become They may have no ongoing measurement of developmentally delayed, socially limited, and, development except as noted by caretakers. in some cases, antisocial or chronically unable Growth charts compare the child to other to protect themselves from others. children noting percentile size in head, body length and weight. Feeding failure for what- Verbal assault (belittling, screaming, threats, ever reason will generally damage weight first, blaming, sarcasm), unpredictable responses, length second, and head circumference third, continual negative moods, constant family so it may be helpful to observe the caretaker’s discord, and chronically communicating con- feeding habits. In fact, the best environment flicting messages are examples of ways parents to observe this is in the home. Pediatric exper- may subject their children to emotional abuse. tise is vital to access such changes but growth charts should be kept on all infants and tod- Emotional abuse and neglect are also com- dlers who may be suffering neglect. Failure to ponents of other abuse and neglect. Sexual document physical growth and other markers abuse and physical abuse may be the official of child development may prevent an accurate category for a report but emotional damage diagnosis and make it impossible to protect a also exists. Emotional abuse/neglect may child or provide useful intervention. damage children of all ages but may be criti- cal with infants and toddlers leaving them If left untreated, the physical and/or emotional with permanent developmental deficits. health of the child may be endangered, and emotional disorders, school problems, retar- Behavioral Indicators of Children dation, and other problems may result. Emotional abuse may be suspected if the child: • Is withdrawn, depressed and apathetic. Emotional Maltreatment • Is clingy and forms indiscriminate attachments. • “Acts out” and is considered a behavior Emotional Abuse problem (e.g. bullies others, chronically uses profanity). Just as physical injuries can scar and incapaci- tate a child, emotional maltreatment can crip- • Exhibits exaggerated fearfulness. ple and handicap a child emotionally, behav- • Is overly rigid in conforming to instructions iorally and intellectually. Self-esteem can be of teachers, doctors, and other adults. damaged. Severe psychological disorders have • Suffers from sleep, speech, or eating disor- been traced to excessively distorted parental ders. attitudes and actions. One of the hallmarks of emotional abuse is the absence of positive • Displays other signs of emotional turmoil interaction (e.g. praising) from parent to their (repetitive, rhythmic movements; rocking, child. Emotional and behavioral problems whining, picking at scabs). 10 Child Abuse Prevention Handbook
  • 18. • Suffers from enuresis (bed wetting) and Suspected cases of emotional abuse that con- fecal soiling. stitute willful cruelty or unjustifiable punish- • Pays inordinate attention to details, or ment of a child are required to be reported exhibits little or no verbal or physical com- by mandated reporters. This means a report munication with others. must be made of any situation where any person willfully causes or permits any child • Unwittingly makes comments such as, to suffer, or inflicts on any child, unjustifiable “Mommy/Daddy always tells me I’m bad.” mental suffering. (Pen. Code, § 11165.3.) However, mandated reporters may also report The behavior patterns mentioned may, of any degree of mental suffering. While these course, be due to other causes, but the suspi- cases may not always be prosecuted, report- cion of abuse should not be dismissed. ing provides the opportunity for intervention and/or therapy with the family. Behavioral Indicators of Parents/ Caretakers Emotional Deprivation A child may become emotionally distressed Emotional deprivation has been defined as when: “. . . the deprivation suffered by children • Parents or caretakers place demands on when their parents do not provide the nor- the child that are based on unreasonable mal experiences producing feelings of being or impossible expectations or without loved, wanted, secure, and worthy.” consideration of the child’s developmental capacity. Caretakers might also provide cause for evalu- • The child is used as a “battle ground” for ation and possible reporting of a neonate at marital conflicts. risk. Withholding affection with touch, smiles and sound may be more damaging than ver- • The child is used to satisfy the parent’s/ bal and even physical assault. Children may caretaker’s own ego needs and the child is provoke assault if necessary to gain nega- neither old enough nor mature enough to tive interaction rather than suffer the pain of understand. being ignored. This may damage children of • The child victim is “objectified” by the all ages but is critical for infants and young perpetrator, the child is referred to as “it” toddlers. Intervention may include consid- (“it” cried, “it” died). eration of caretaker depression, substance • The child is a witness to domestic violence. abuse, parenting deficits, and lack of social or financial support for the caretaker. Consid- eration should be made for evaluation of the Emotional abuse can be seen as proving a caretaker for these issues as well as possible self-fulfilling prophecy. If a child is degraded domestic violence. enough, the child will begin to live up to the image communicated by the abusing parent or caretaker. Behavioral Indicators of Emotional Deprivation Emotional abuse cases can be extremely diffi- Emotional deprivation may be suspected if the cult to prove, and cumulative documentation child: by witnesses is imperative. Such cases should • Refuses to eat adequate amounts of food be referred to treatment as soon as possible. and is therefore very frail. Child Abuse Prevention Handbook 11
  • 19. • Is unable to perform normal learned func- Sexual abuse encompasses a broad spectrum tions for a given age (walking, talking); of behavior, and it may consist of many acts exhibits developmental delays, par- over a long period of time (chronic molesta- ticularly with verbal and nonverbal social tion) or a single incident. It may progress skills. from less intimate types of sexual activity to • Displays antisocial behavior (aggression, active body contact and later to some form behavioral disruption, bullying others) of penetration. Victims range in age from or obvious “delinquent” behavior (drug younger than one year through adolescence. abuse, vandalism); conversely, is abnor- Specifically, sexual assault includes: rape, mally unresponsive, sad, or withdrawn. rape in concert, incest, sodomy, oral copula- tion, penetration of genital or anal opening • Constantly “seeks out” by a foreign object, and child and “pesters” other molestation. It also includes adults, such as teachers lewd or lascivious conduct with or neighbors, for atten- a child under the age of 14 tion and affection. years, which may apply to any • Displays exaggerated lewd touching if done with the fears. intent of arousing or gratifying • Apathy, withdrawal the sexual desires of either the and lack of response to person involved or the child; human interaction. lewd or lascivious conduct with a child 14 or 15 years of age by a person at least 10 years older When parents ignore their than the child; and unlawful children, whether because sexual intercourse with a minor of drug or alcohol use, under 16 years of age by a per- psychiatric disturbances, son over the age of 21 years. personal problems, outside Sexual exploitation includes activities, or other preoccupying situations, conduct or activities related to pornography serious consequences can occur. However, depicting minors, and promoting prostitution reporting these situations is not mandated by minors. (See Addendum III for a detailed unless they constitute a form of legally defined review of these crimes.) abuse or neglect. Emotional neglect may be seen as a lesser form of child abuse/neglect. It The nature of sexual abuse, the guilt and may not be reportable or may be assessed out shame of the child victim, and the possible with no intervention. It is, however, a central involvement of parents, stepparents, friends, issue for much of what damages children. or other persons in a child caretaker role, These children may return with more severe make it extremely difficult for children to damage and are therefore worthy of voluntary come forward to report sexual abuse. Yet, intervention and follow-up. despite these problems, reports of sexual abuse made to child protective agencies continue to increase. This increase is usually Sexual Abuse attributed to the passage of the Child Abuse and Neglect Reporting Act and the public’s As defined in the Child Abuse and Neglect increased concern for child victims. Reporting Act, sexual abuse is a sexual assault on, or the sexual exploitation of, a minor. 12 Child Abuse Prevention Handbook
  • 20. Sometimes a child who does seek help is • A child’s injury/disease (vaginal trauma, accused of making up stories, because many sexually transmitted disease) is unusual for people cannot believe that the apparently the specific age group. well-adjusted person involved could be capa- • A young girl is pregnant or has a sexu- ble of sexual abuse. If the matter does come ally transmitted disease. Pregnancy of a to the attention of authorities, the child may minor does not, in and of itself, constitute give in to pressure from parents or caretakers the basis of reasonable suspicion of sexual and deny that any sexual abuse has occurred. abuse and should not be reported. (Pen. Even if protective attention is gained, the Code, § 11166, subd.(a).) However, other child may feel guilty about “turning in” the information such as statements by the abuser or breaking up the family and, con- minor, indication of coercion, or significant sequently, withdraw the complaint. This age disparity between the minors may lead process leads many to be skeptical of a child’s to a reasonable suspicion of sexual abuse complaint of sexual abuse, and leaves him or that must be reported. her feeling helpless and guilty for causing so much trouble. Behavioral Indicators The sad reality of sexual abuse is that without third party reporting, the child often remains Sexual Behaviors of Children trapped in secrecy by shame, fear, and the It is natural for children to have curiosity threats of the abuser. about their bodies, and therefore it may be difficult to tease out whether a child is act- ing sexually due to normal age appropriate Indicators of Sexual Abuse curiosity or if it is in response to sexual abuse. Sexual abuse of a child may surface through a The following list of behaviors are indicators broad range of physical, behavioral and social of sexual abuse and deserve further evalu- symptoms. Some of theses indicators, taken ation with a mental health provider and/or separately, may not be symptomatic of sexual pediatric expert. abuse. They are listed below as a guide, and • Detailed and age inappropriate under- should be examined in the context of other standing of sexual behavior (especially by behavior(s) or situational factors.4 younger children). • Inappropriate, unusual, or aggressive sexu- History al behavior with peers or toys. • A child reports sexual activities to a friend, • Compulsive indiscreet masturbation to the classmate, teacher, friend’s mother, or exclusion of normal childhood activities. other trusted adult. The disclosure may be direct or indirect (“I know someone...”; • “Excessive” curiosity about sexual matters “What would you do if...?”; “I heard or genitalia (self and others). something about somebody.”) It is not • Any coercion, force, pain in putting some- uncommon for the disclosure by children thing in genitals of self or other child. experiencing chronic or acute sexual abuse to be delayed. • Child wears torn, stained, or bloody under- 4 clothing. State Office of Criminal Justice Planning Publication (now known as the Governor’s Office of Emergency Services), Medical Protocol for Examination of Sexual Assault and Child Sexual Abuse Victims, 2001 Child Abuse Prevention Handbook 13
  • 21. This list is only meant as a very brief guideline. Incestuous/Intrafamilial Abuse Any time a mandated reporter has a “suspi- Sexual abuse of children within the family is cion” of child abuse, whether the indicator is the most hidden form of child abuse. In spite mentioned in this handbook or not, they must of its taboo and the difficulty of detection, report it to the proper authority. some researchers believe this abuse may be even more common than physical abuse. Behavioral Indicators in Older Children and Adolescents Incest means sexual activity between certain close relatives (e.g., parents and children, siblings, As discussed previously, children may exhibit new grandparents and grandchildren); intrafamilial or concerning behaviors for a number of differ- abuse means sexual activity between persons in a ent reasons including child abuse as well as other family setting (e.g., stepparents, boyfriends). sources of childhood stress such as divorce, etc. Any child who exhibits drastic behavioral chang- In most reported cases, the father or another es, runs away from home, becomes aggressive, man acting as the parent is the initiator. In depressed or exhibits delinquent behavior, has some cases, the mother or another woman frequent school absences, or has a sudden drop is the offending adult. Although girls are the in school performance, becomes fearful of home most frequent victims, boys are also victims, life, becomes withdrawn, abuses alcohol or much more often than previously believed. drugs, becomes suicidal, deserves our attention. The embarrassment and shame deter girls and If sexual abuse is suspected, it should be reported boys alike from reporting the abuse. to child protective services or law enforcement. The initial sexual abuse may occur at any age, Physical Symptoms from infancy through adolescence. Sexual abuse If a child has physical symptoms such as geni- may be followed by guilt provoking demands for tal discharge or infection, a sexually transmit- secrecy and/or threats of terrible harm or conse- ted disease, physical trauma or irritations to quences if the secret is revealed. The child may the anal/genital area (pain, itching, swelling, then fear disgrace, hatred, or blame for breaking bruising, bleeding, lacerations, or abrasions), up the family if the secret is revealed. they should be evaluated by a trained medical professional as well as possible involvement of Regardless of how gentle or forceful, or how child protective services and law enforcement. trivial or coincidental the first approach may have been, sexual coercion tends to be How to Get Help repeated and to escalate over a period of As discussed later in this handbook, most years. The child may eventually accept the counties have a team of nurse practitioners blame for tempting and provoking the abuser. and/or doctors who are trained specialist in the evaluation and diagnosis of sexual abuse. The mother, who would usually be expected These teams are usually available 24 hours to protect the child, may purposely try to a day to evaluate acute (less than 72 hours) stay isolated from a problem of sexual abuse. sexual abuse cases, and are associated with Sometimes she is distant and uncommunica- the local emergency room. Some hospitals tive, or so disapproving of sexual matters that also have child abuse experts who are able to the child is afraid to speak up. Sometimes answer questions during the day. she is extremely insecure and the potential loss of her husband or partner, and the eco- nomic security he provides, is so threatening 14 Child Abuse Prevention Handbook
  • 22. that she cannot allow herself to believe or even to suspect that her child is or could be Exploitation/Child at risk. She may have been a victim herself of Pornography child abuse and may not trust her judgment or her right to challenge the male authority. Internet Exploitation Some mothers actually know their children Children have always been vulnerable to are sexually abused, but for whatever reason, victimization, but with the wide use of the they “look the other way.” computer, a whole new danger threatens children; with so many children online, today’s Until the victim is old enough to realize that predators can easily find and exploit them. By incest and intrafamilial abuse are not common the end of the year 2005, 77 million children occurrences, and/or the victim is strong enough were online and that number is only growing. to obtain help outside the family, there is no escape unless the abuse is reported. Unfortunately, criminals are also using mod- Extrafamilial Sexual Abuse ern technology. Today, with so many children online, the Internet provides predators a new Children who are abused by someone out- arena (cyberspace) to target children for crimi- side their family typically know their molester. nal acts. Because of its anonymity, rapid trans- They meet them at school, youth programs, mission, and unsupervised nature, the Internet churches, in their neighborhood, or at other rec- has become the venue of choice for predators reational activities. People who molest children who transmit and receive child pornography. fall into all age categories, including pre-teens and the elderly. Although there are several clas- Today, the virtual playground of cyberspace sifications of child molesters, a pedophile pres- affords these child sexual predators the opportu- ents the greatest danger to children because a nity to engage children in anonymous exchanges pedophile’s main sexual interest is a child. that often lead to personal questions designed to assess whether the child can be lured into sexual Pedophiles tend to be well liked by children conversation and sexual contact. The nature of and may choose work in professions or vol- Internet crimes presents new challenges for law unteer organizations that allow them easy enforcement with regard to the collection of access to children and where they can devel- evidence, and apprehending offenders. The fol- op the trust and respect of children and their lowing are just a few statistics that highlight the parents. They sometimes believe sex with severity of the problem: children is appropriate and even beneficial. Children may be lured into sexual relation- • One in 5 youths have received a sexual ships with love, rewards, promises, and gifts. approach or solicitation over the internet; • One in 17 youth was threatened or Most cases of extrafamilial sexual abuse harassed in the past year; involve a perpetrator known to the child. • Only a fraction of all episodes was report- However, cases of abuse by strangers do ed to authorities such as the police, an occur. Typically, in these cases the stranger internet services provider, or a hotline; will entice the child (“Will you help me find my puppy?”), convince the child that his or • In households with home internet access, her parent requested the stranger to pick up only 1/3 of parents said they had filtering the child, or simply abduct the child. or blocking software on their computers. Child Abuse Prevention Handbook 15
  • 23. Regardless of law enforcement’s ability to • Tell your children to never give out their detect and arrest child sexual predators using address. the Internet, the most effective protection against child victimization is an involved and The National Center for Missing and Exploited educated parent. The following is a set of Children’s (NCMEC) Cyber Tipline serves as a guidelines recommended for parents regard- national resource for tips and leads regarding ing their children’s use of the Internet: the sexual exploitation of children. NCMEC • Help children to understand why it is is a national clearinghouse for information important that they do not give out per- on cases of abducted, runaway, and sexually sonal information, even if their new e-mail exploited youth. NCMEC does not investi- pal seems to be real friendly, or a “cool” gate such cases, but receives leads and dis- web site offers them a free gift for the seminates them to various investigative law information. enforcement agencies. In the effort to assist • Let your children know they can come to law enforcement, NCMEC offers technical you if they are receiving messages that assistance, information dissemination, and make them feel uncomfortable. Tell them advice. NCMEC can be reached through the that in such an event, they should save the Internet at www.missingkids.com or by calling messages for you to read and handle in an their toll free hotline at 1-800-843-5678. appropriate manner. The Missing Children’s Program of the Office • Set up guidelines that deal specifically of Juvenile Justice and Delinquency Program with meeting people on the Internet. Talk (OJJDP) initiated its Internet Crimes Against to your children about what to do if their Children (ICAC) task force program where new Internet “friend” asks to see them in state and local law enforcement agencies person, or wants your children to send pic- can acquire the skills, equipment and person- tures of themselves. nel resources to respond effectively to ICAC • Teach your children about “netiquette” offenses. To learn more, please visit their web- (etiquette on the Internet), so that they site at: ojjdp.cjrs.org/programs/index.html. will not accidentally offend anyone, but will still protect themselves. NOTE: All mandated reporters are required • Keep the computer in a high traffic part to report suspected sexual exploitation. (For of the house such as the living room. You further details on these laws, see Addendum can then easily monitor your children’s III.) activities without making them feel as if you are watching over their shoulders all the time. Abuse of Children with • Find web sites you think your children will enjoy and “bookmark” them. This Disabilities will help direct your children away from Children with disabilities represent approxi- using search engines, where they might mately 15% of the child population. The first find inappropriate sites. national study conducted on the incidence of abuse of children with disabilities found that • Most importantly, spend time with your they are abused at approximately twice the children talking about their experiences rate of those in the general population.6 online. Give them a chance to show you A more recent and comprehensive study what they have learned or the things they published in 2001, conducted at Boys Town like.5 16 Child Abuse Prevention Handbook
  • 24. University by Dr. Patricia Sullivan, found that same, but in some cases, children with disabil- the increased rate was 3.5 times that of ities may easily bruise or fracture themselves, children, in general.7 Yet, most profession- so care must be taken to understand the als estimate that the rates are much higher, disability when assessing whether abuse has somewhere between 4 to10 times the rate.8 occurred. Communication issues are critical. Children are frequently able to communicate Children may acquire serious and chronic dis- the abuse, but they are often disbelieved due abilities through abuse, and then become to prejudice against or misunderstanding of more vulnerable. An estimated 25 percent individuals with disabilities. Use of assisted of children with developmental disabilities communication skills may be required, or the acquired the disability as a direct result of use of an interpreter may be necessary when abuse.9 “Developmental Disability” is a legal conducting an interview. term defined in the Welfare and Institutions code that established a network of Regional Children with physical disabilities as well Centers throughout California to provide for as those with psychiatric, sensory (hearing, the needs of children and adults with “devel- vision), and communication (non verbal, lan- opmental disabilities.” The main theme of guage processing impairments) disabilities, “developmental disability” is that the disabil- have all been victims of abuse. Although ity is of such significance that it interrupts the statistics indicate that physical assault is most normal developmental process of the child. frequently reported, sexual abuse is recog- This category of disability represents about nized as grossly under reported. Incest and 5% of all children with disabilities. Child abuse perpetrated within the family mirrors Abuse Neglect Disability Outreach is the that which occurs in the general population. only agency that provides wrap-around ser- Emotional and verbal maltreatment is also a vices to children with other disabilities. serious problem among this population. Children with developmental disabilities (those In most cases to date, the perpetrators are that impair the developmental process, such male, with the victims nearly equally divided as mental retardation, autism, cerebral palsy and other physical disabilities) receive services from a wide array of professionals, and thus, are vulnerable to a much higher number of 5 Daniel Armagh, A Safety Net for the Internet: Protecting trusted individuals who may abuse them. In Our Children, American Prosecutor’s Research Institute’s National Center for Prosecution of Child Abuse. this population, 99 percent of the perpetra- 6 Westat Report: National Incidence Study on Abuse of tors are known to and trusted by the child Children with Disabilities, U.S. Department of Health and and family.10 In many cases, when the per- Human Services, 1991. 7 In Focus: The Risk and Prevention of Maltreatment of petrator is an approved service provider, the Children with Disabilities, National Clearinghouse on Child abuse is not reported. However, when discov- Abuse and Neglect Information, 2001. 8 ered, the perpetrator is fired and frequently 9 James Garbarino, Special Children, Special Risks, 1989. N. J. Baladerian, Ph.D., unpublished research paper, 1991, moves to new employment or a volunteer prepared for Centers for Disease Control Conference on position and continues the abuse. Prevention of Disabilities, Washington, D.C. Compiles all studies available in literature search on abuse of children Emotional and behavioral signs of abuse in with disabilities and disability caused by abuse and neglect. (A Nation’s Shame: Fatal Child Abuse and Neglect in the children with disabilities may differ from those United States, A Report of the U.S. Advisory Board on Child exhibited by children without disabilities due Abuse and Neglect, April 1995.) 10 to differences caused by the disability. For Seattle Rape Relief, Special Education Curriculum on Sexual Exploitation, Seattle, WA; Developmental Disabilities Project, example, physical signs of abuse are the 1979. Child Abuse Prevention Handbook 17
  • 25. between boys and girls. No single category of address issues of abuse as these relate to chil- persons is identified as perpetrators. Howev- dren with disabilities. er, transporters (bus drivers) do appear to rep- resent a high proportion of those convicted. Cultural Differences Some reports indicate that child abuse report- Our ideas concerning the parenting of chil- ing soars at ages five to six, when many chil- dren may contrast greatly with other cultures. dren enter school and come into contact with Cultural differences may become evident in mandated reporters. Children with disabilities various aspects of child rearing. Cultural defi- frequently stay within the school system until nitions of child abuse and neglect are wide age 22; however, after 18, their abuse would and varied. Therefore, the professional must be reported to Adult Protective Services. be aware of the discrepancies between our culture and others when assessing children Most children with disabilities receive spe- they suspect of being abused. There are cial educational services, either on a regu- times when the professional needs to make lar school campus or a separate school. decisions regarding whether to report child Although they are mandated reporters, many abuse, educate the parents, or simply accept special education teachers believe that “no the practice as “different” and not harm- one would abuse a child with a disability” ful. The law does give the professional some and blind themselves to signs of abuse, and guidance in this area. According to Welfare do not report what they observe. They may and Institutions Code section 16509, “Cul- attribute physical signs or behavioral changes tural and religious child rearing practices and to the disability, rather than recognize these beliefs which differ from the general com- as potential signs of abuse. Further, because munity standards shall not in themselves cre- some disabilities result in behaviors of aggres- ate a need for child welfare services unless sion (toward self or others) there are increas- the practice presents a specific danger to the ing reports that teachers and teacher aides physical or emotional safety of the child.” abuse children in the school system through Therefore, when a professional believes that the misuses of restraint procedures. a practice falls within the definitions of child abuse, it must be reported. If a mandated Information about abuse of children with dis- reporter is unsure about a particular cultural abilities is not familiar to many in the lay or practice, it is recommended they contact their professional communities, which may leave local child protective services agency and dis- these children more vulnerable to abuse. The cuss their concerns. Since cultural practices signs of abuse they display may be ignored or are so diverse, mandated reporters are strong- mistakenly attributed to the disability. Cases ly encouraged to receive cultural diversity are less likely to be reported, thoroughly training to better understand these practices. investigated, and prosecuted. Lack of serious attention to the needs of disabled children throughout the child abuse response system is unique when compared to any other group of child victims, and must be addressed. In recent years, more attention to this popula- tion has emerged with training programs for those who respond to child abuse calls, and modifications of training programs for man- dated reporters are currently underway to 18 Child Abuse Prevention Handbook
  • 26. What is Not Child Abuse? Mandated reporters often have questions 16509.1 are not considered child neglect. about situations that may or may not be child Not receiving specific medical treatment for abuse. Listed below are situations or circum- religious reasons (Pen. Code § 11165.2 (b) stances that are not considered child abuse is further codified in Welfare Institutions for purposes of the Child Abuse and Neglect Code 16509, which states, “…religious child Reporting Act: rearing practices and beliefs which differ from the general community standards shall • Children fighting. Injuries caused by not in themselves create a need for child children fighting by mutual consent. (Pen. welfare services unless the practice presents Code, § 11165.6.) a specific danger to the physical or emotional • Reasonable force. Injuries caused by safety of the child.” reasonable and necessary force used by a • Voluntary sexual activity between peace officer acting within the scope of children under the age of 14. Voluntary his or her employment. (Pen. Code, sexual conduct between children who are § 11165.6.) Injuries caused by reasonable both under the age of 14 years and who and necessary force used by public school are of similar age and sophistication is not personnel to stop a disturbance that is a crime and need not be reported under threatening physical injury to someone or the Child Abuse and Neglect Reporting damage to property, for purposes of self- Act. (People ex rel. Eichenberger v. Stock- defense, or to obtain possession of weap- ton Pregnancy Control Medical Clinic, Inc. ons or other dangerous objects within the (1988) 203 Cal.App.3d 225; Planned Par- control of a child. (Pen. Code, § 11165.4) enthood Affiliates v. Van de Kamp (1986) • Corporal punishment. Spanking is not 181 Cal.App.3d 245.) considered child abuse, however, when • Pregnancy. Pregnancy of a minor, does “any person willfully inflicts upon any child not, in and of itself, constitute the basis of a any cruel or inhuman corporal punishment reasonable suspicion of sexual abuse. (Pen. or injury resulting in a traumatic condi- Code, § 11166, subd. (1).) Pregnancy may tion,” it is considered “unlawful corporal be cause for a report if the pregnancy was punishment” and must be reported. (Pen. conceived by a female under age 16 and a Code § 11165.4) male over 21. Similar consideration should • Medical treatment. An informed and be made for other evidence of sexual activ- appropriate medical decision (Pen. Code § ity including sexually transmitted diseases 11165.2 (b) and treatment by spiritual means including Gonorrhea, Chlamydia, Genital as provided by Welfare Institutions Code Herpes, genital warts and HIV. Child Abuse Prevention Handbook 19
  • 27. • Past abuse of a child who is an adult at and is only determined after completing an the time of disclosure. There is no duty autopsy, a death scene investigation, and a to report child abuse unless the victim is a review of the case history of both the baby child, meaning a person under the age of and the family.11 SIDS is not contagious, 18 years. (Pen. Code, § 11165.) Accord- and is not caused by immunizations, suf- ingly, past abuse of a child who is an adult focation, or by child abuse or neglect. at the time of disclosure or discovery of the abuse need not be reported. However, if a Researchers and clinicians have discovered mandated reporter has a “reasonable sus- that although SIDS cannot be predicated or picion” due to the conversation with this prevented, there are things parents and care- adult that someone under the age of 18 givers can do to lower an infant’s risk of SIDS. has been abused or is in danger of being The Back-to-Sleep campaign, a national pub- abused, it must be reported. lic health educational effort, which began in • Maternal substance abuse and positive 1994, recommends that all babies be placed toxicology screen at birth. A positive on their backs to sleep, unless otherwise toxicology screen at the time an infant is instructed by a physician. Infant care prac- delivered is not, in and of itself, a sufficient tices that should be followed by parents to basis for reporting child abuse or neglect. reduce their baby’s risk for SIDS include the However, any indication of maternal sub- following: stance abuse shall lead to an assessment • Always place your baby on his/her back to of the needs of the mother and child pur- sleep, even for naps. suant to Health and Safety Code section 123605. If other factors are present that • Never allow smoking around your baby. indicate a risk to the child, a report must • Place your baby on a firm, flat surface to be made, but a report based on risk to sleep. a child that relates solely to the parent’s • Remove all soft things such as loose bed- inability to provide the child with regular ding, pillows, and stuffed toys from the care due to the parent’s substance abuse sleep area. shall be made only to county welfare departments and not to law enforcement • Never place your baby on a sofa, water- agencies. (Pen. Code, § 11165.13.) bed, soft chair, pillow, or beanbag. • Sudden Infant Death Syndrome (SIDS). • Take special precautions when your baby is SIDS is the sudden death of an infant in bed with you. under one year of age which remains • Make sure your baby doesn’t get too hot. unexplained after a thorough case inves- • Keep your baby’s face and head uncovered tigation including performance of a com- during sleep. plete autopsy, examination of the death scene, and review of the clinical history • Share this information with everyone who (Willinger, et al., 1991). It is the major cares for your baby. cause of death infants from one month to one year of age, with most death occur- ring between two and four months. SIDS occurs quickly and quietly in seemingly healthy infants, usually during sleep and happens in all social, economic, and ethnic groups. It is a recognized cause of death 11 What is SIDS. US Department of Health and Human Services, Maternal and Child Health Bureau, 2004. 20 Child Abuse Prevention Handbook
  • 28. Who are Child Abusers? Child abuse occurs in all cultural, ethnic, Early identification, reporting, and interven- occupational, and socioeconomic groups. tion are essential and vital to protect the child Although many people assume that parents because people who abuse typically repeat are the only culprits, children can become the abuse and increase its frequency. victims of abuse by persons in non-parental relationships, such as siblings, family friends, Over the years, studies have shown that a neighbors, acquaintances, or strangers. variety of factors are associated with child Those who abuse children may also be trusted abuse. Many of these factors apply to and to care for our children, such as teachers, characterize the general population (such as childcare providers, or foster parents. They stress, social isolation, transiency, and other may be male or female; they may be adults, factors discussed in this section). Child abuse adolescents, or children. is seldom the result of any single factor. Rather, a combination of circumstances and According to recent statistics, more than 80 personality types may precipitate an act of percent of perpetrators were parents. Other abuse. The existence of one or more of the relatives accounted for 7 percent and unmar- following factors could trigger abusive acts: a ried partners of parents accounted for 3 per- predisposition toward maltreatment (perhaps cent. The remaining percent includes persons as a result of having been abused, neglected, with other relationships, e.g., camp coun- or witnessing domestic violence); emotional selors, school employees, or unknown rela- stress, such as marital or employment prob- tionships to the child. Female perpetrators, lems; substance abuse; a lack of constructive mostly mothers, are typically younger than outlets for tension, anger, or aggression; or male perpetrators, mostly fathers. Women poor impulse control. also comprised a larger percentage than men, 58 percent compared to 42 percent.12 Many people cannot understand how a par- As previously reported, child abuse fatalities ent can abuse or neglect a child. Frequently, have increased over the past several years. In abusive parents or caretakers themselves 2002, one or both parents were involved in 79 percent of child abuse and neglect fatali- ties. Of the other 21 percent of fatalities, 16 12 National Clearinghouse on Child Abuse and Neglect percent were the result of maltreatment by Information, Child Maltreatment: Summary of Key Findings, non-parent caretakers, and 5 percent were 2003. from unknown person or persons.13 13 National Clearinghouse on Child Abuse and Neglect, Child Abuse and Neglect Fatalities: Statistics and Interventions, 2004. Child Abuse Prevention Handbook 21