|
|
|
|
|
|
0050-501.10 | Revision Date: 12/22/21
Overview
This policy identifies those who are required to report under the Child AbuseThe non-accidental commission of injuries against a person. In the case of a child, the term refers specifically to the non-accidental commission of injuries against the child by or allowed by a parent(s)/guardian(s) or other person(s). The term also includes emotional, physical, severe physical, and sexual abuse as defined in CDSS MPP Section 31-002(c)(9)(D). and NeglectThe failure to provide a person with necessary care and protection. In the case of a child, the term refers to the failure of a parent(s)/guardian(s) or caretaker(s) to provide the care and protection necessary for the child's healthy growth and development. Neglect occurs when children are physically or psychologically endangered. The term includes both severe and general neglect as defined by Penal Code Section 11165.2 and medically neglected infants as described in 45 Code of Federal Regulations (CFR) Part 1340.15(b). Reporting Act (CANRA) as well as the Immunities and Liabilities for mandated reporters, and the responsibilities of DCFS employees reporting or receiving reports of child abuse and neglect.
TABLE OF CONTENTS
Commercial Sexual Exploitation
A DCFS Employee Observes or Suspects Child Abuse
DCFS Employee Responsibilities
Prior to Concluding the Reporting Telephone Call
Responding to Inquiries on an Open Referral/Case
Version Summary
This policy guide was updated from the 10/24/19 version to incorporate new procedural requirements related to WIC 329 and WIC 331.
A mandated reporter is a person who is required to report known or suspected instances of child abuse and/or neglect if they, in their professional capacity or within the scope of their employment, observe a child who appears to be a victim of abuse, neglect, or exploitation.
Although the CPH receives the majority of its referrals from agencies and persons outside of DCFS, any employee of DCFS who, within the scope of his/her employment, observes, or has Reasonable SuspicionWhen it is objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a reasonable person in a like position, drawing when appropriate, on his or her training, to suspect child abuse or neglect., or receives a report of abuse, neglect, caregiver absence/incapacity or exploitation from a source other than the CPH, must immediately contact the CPH to make a referral. This also applies to a case that is currently open to that CSW.
Commercial Sexual ExploitationConduct involving matter depicting a minor engaged in obscene acts in violation of Section 311.2 (preparing, selling, or distributing obscene matter) or subdivision (a) of Section 311.4 (employment of minor to perform obscene acts). Any person who knowingly promotes, aids or assists, employs, uses, persuades, induces or coerces a child, or any person responsible for a child's welfare who knowingly permits or encourages a child to engage in, or assist others to engage in, prostitution or a live performance involving obscene sexual conduct or to either pose or model alone or with others for the purpose of preparing a film, photograph, negative, slide, drawing, painting or other pictorial depiction involving obscene sexual conduct. 'Person responsible for a child's welfare' means a parent, guardian, foster parent, or a licensed administrator, or employee of a public or private residential home, residential school, or other residential institution. Any person who depicts a child in, or who knowingly develops, duplicates, prints, or exchanges, any film, photograph, video tape, negative, or slide in which a child is engaged in an act of obscene, sexual conduct, except for those activities by law enforcement and prosecution agencies and other persons described in subdivisions (c) and (e) of Section 311.3.' is a form of child abuse that must be reported to the Child Protection Hotline.
Federal law describes Commercial Sexual Exploitation/Sex Trafficking as "the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a sexual act."
"Severe forms of trafficking in persons" is defined as "sex trafficking in which a commercial sex act is induced by force, fraud, or coercion or in which the person induced to perform such act has not attained 18 years of age."
This means that any child under the age of 18 who is induced to perform a commercial sexual act is considered a sex trafficking victim regardless of whether force, fraud, or coercion is present.
WIC 300(b)(2) describes CSEC as a child who is sexually trafficked or who receives food or shelter in exchange for, or who is paid to perform, sexual acts and whose parent or guardian failed to, or was unable to, protect the child, is within the description of this subdivision. These children are known as commercially sexually exploited children.
The commercial aspect of the sexual exploitation is critical to separating the crime of trafficking from sexual assault, molestation, or rape. The term 'commercial sex act' is defined by the Federal Trafficking Victims Protection Act as the giving or receiving of anything of value (money, drugs, shelter, food, clothes, etc.) to any person in exchange for a sex act.
Youth will often disclose incidents of physical and sexual assault that occurred during the runaway episodes. Occasionally, they will disclose pertinent information about their exploiters. All suspected incidents of abuse or neglect, including sexual assault, physical abuse, kidnapping, and suspicion that a youth has experienced a new incident of exploitation must be reported to law enforcement and child welfare agencies investigating authorities. Remember to contact the CPH in a timely manner to generate a referral, even if the child has an open child welfare case. A new SCAR must be submitted to law enforcement for each suspected crime.
Any minor who is engaged in commercial sexual activity, whether as a suspected victim, recruiter, or exploiter, must be reported as a victim of child abuse.
Examples of Commercial Sexual Exploitation (CSE):
Exchanging sexual acts to meet a basic need is sometimes referred to as "survivor sex".
SB 794 (2016) mandates that youth who return from a runaway episode should be assessed for CSE. If there is a reasonable suspicion that CSE occurred during the runaway episode, call the CPH to report child abuse. Every new incident of CSE must be reported to the CPH.
Labor trafficking is also a form of child abuse that must be reported to the CPH. Labor trafficking is the use of "force, fraud, or coercion" leading a child or youth to perform a labor or provide a service. Force involves physically restraining or harming a victim. Fraud deceives victims about aspects of their employments including job duties, work conditions, and payment. Coercion includes threats of serious psychological/physical harm to the victims or their loved ones, or real or threatened abuse of the legal system. Children and youth may experience labor and sex trafficking simultaneously. Common industries of concern include agriculture, domestic work, health and beauty, restaurants, small businesses, gang-involved drug sales/gun carrying, traveling sales crew, and peddling/begging rings.
In instances where the parent’s inability to provide the child(ren) with adequate care and supervision is solely based on substance abuse, a report must be made to a county welfare or probation department and not to law enforcement.
A mandated reporter who fails to report an incident of known or reasonably suspected child abuse or neglect is guilty of a misdemeanor and subject to imprisonment or fine.
Reports of child abuse and neglect are confidential and may be disclosed only under specific circumstances. Violation of this confidentiality is a misdemeanor punishable by imprisonment or fine.
When a state makes a request to an out-of-state agency to check child abuse registries for foster or adoptive placements, the request must cite the safeguards in place to prevent unauthorized disclosure of information by the requesting state.
The reporting party must be informed about the disposition of their report. The DCFS 196, Notice of Referral Closure/Disposition may be used for this purpose.
Whenever the DCFS 196 is sent to a mandated reporter upon the closure of an Emergency Response (ER) investigation, the Addendum to Emergency Response Notice of Referral Disposition (Addendum) handout must also be provided, along with the JV-210, Application to Commence Proceedings by Affidavit and Decision by Social Worker and JV-212, Application to Review Decision by Social Worker Not to Commence Proceedings forms. (The Addendum, JV-210, and JV-212 can be generated together in CWS/CMS by selecting “Addendum ER Referral Dispo bundle” from the L.A. County templates). The Addendum to Emergency Response Notice of Referral Disposition handout provides instructions to reporting parties on how to submit a JV-210 form pursuant to Welfare and Institutions Code (WIC) 329 and a JV-212 form pursuant to WIC 331.
All requests for child protective services on new or existing cases must be directed to the Child Protection Hotline (CPH) for initial assessment. Requests may be made by telephone or in-person.
DCFS Employee Responsibilities
Addendum ER Referral Dispo bundle (L.A. County template)
SS 8572, Suspected Child Abuse Report (SCAR)
CSW Information/Consultation Call Form
DCFS 196 (SP) Notice of Referral Closure/Disposition
Addendum to Emergency Response Notice of Referral Disposition
JV-210, Application to Commence Proceedings by Affidavit and Decision by Social Worker
JV-212 (SP) Application to Review Decision by Social Worker Not to Commence Proceedings
0050-502.10, Child Protection Hotline (CPH)
0070-521.10, Assessment of Drug & Alcohol Abuse
0070-535.10, Assessment of ExploitationForcing or coercing a child into performing functions which are beyond his/her capabilities or capacities, or into illegal or degrading acts. The term also includes sexual exploitation, economic exploitation, exploitation involving illegal activities and exploitation in the home.
0100-570.11, Missing or Absent from Care Children/Nonminor Dependents
0500-501.20, Release of Confidential DCFS Case Records Information
Penal Code Section 11165.1 – Provides definitions of sexual abuse, sexual assault, sexual exploitation, and commercial sexual exploitation.
Penal Code Section 11165.7 – Provides definition of mandated reporter, as well as training requirements and suggestions for employers of mandated reporters and other staff and volunteers whose duties require direct contact with and supervision of children and who are encouraged to report known or suspected instances of child abuse or neglect.
Penal Code Section 11166 – Describes the reporting duties and responsibilities of a mandated reporter, requirements of reporter’s employer, supervisor, or administrator, definition of “reasonable suspicion,” and immunities and liabilities, including punishment for violations.
Penal Code Section 11166.05 – Describes reporting duties when mandated reporter has knowledge or reasonable suspicion that child is suffering, or is at substantial risk of suffering, serious emotional damage.
Penal Code Section 11167(d) and 11167.5(a) – Describes confidentiality requirements and exceptions for mandated reporters, employers, and reports.
Penal Code Section 11172 – Describes immunities for mandated reporters.
Welfare and Institutions Code (WIC) 300(b)(2) – Describes child sexual exploitation as a child who is sexually trafficked, or who received food or shelter in exchange for, or who is paid to perform sexual acts described in Section 236.1 or 11165.1 of the Penal Code, or whose parent or guardian failed to, or was unable to, protect the child, is within the description of this subdivision, and that this finding is declaratory of existing law. These children shall be known as commercially sexually exploited children.
WIC 329 – States, in part, that whenever any person applies to the social worker to commence proceedings in the juvenile court, the application shall be in the form of an affidavit alleging that there was or is within the county, or residing therein, a child within the provisions of Section 300. The social worker shall immediately investigate as they deem necessary to determine whether proceedings in the juvenile court should be commenced.
WIC 331 – States, in part, that when any person has applied to the social worker, pursuant to Section 329, to commence juvenile court proceedings and the social worker fails to file a petition within three (3) weeks after the application, the person may, within one (1) month after making the application, apply to the juvenile court to review the decision of the social worker.
