Mandatory Reporting

Presented by: Todd Kennedy

626.556
REPORTING OF
MALTREATMENT OF MINORS.

Reporting Requirements
Mandated reporters are required to make an oral report
within 24 hours, followed by a written report within 72
hours unless the reporter was informed that the oral
report does not constitute a report.
Reporters have immunity from liability provided they are
acting in good faith (MN Statutes Section 626.5561 Subd. 4)

What to report:
Mandated reporters must report knowledge of physical
abuse, sexual abuse or neglect to a child if they know of
an incident or has reason to believe that a child has
been abused or neglected within the preceding three
years.
Each county has timelines regarding opening
assessments on cases depending on how long ago the
incident occurred. Currently in Hennepin, it is 3
months, with some exceptions.

Consequences of Not Reporting

Misdemeanor and gross misdemeanor
626.556 Subd. 6. Failure to report:
(a) A person mandated by this section to report who knows or has reason
to believe that a child is neglected or physically or sexually abused, or
has been neglected or physically or sexually abused within the preceding
three years, and fails to report is guilty of a misdemeanor.
(b) A person mandated by this section to report who knows or has reason
to believe that two or more children not related to the perpetrator have
been physically or sexually abused, by the same perpetrator within the
preceding ten years, and fails to report is guilty of a gross misdemeanor.

Consequences of Not Reporting

(continued)
(c) A parent, guardian, or caretaker who knows or
reasonably should know that the child's health is in
serious danger and who fails to report as required is
guilty of a gross misdemeanor if the child suffers
substantial or great bodily harm because of the lack of
medical care. If the child dies because of the lack of
medical care, the person is guilty of a felony and may be
sentenced to imprisonment for not more than two years
or to payment of a fine of not more than $4,000, or both

What happens after a report is made?

Child Protection Intake will determine if the reported information
rises to the level of a child protection investigation. A series of
specific questions will be asked to establish the risk to the
child/children.
Series of questions may include some key risk factors:
Age of child and all identifying information
Relationship of alleged offender to the child
Ability of the non-abusing, non-neglecting parent to protect the child
Nature, extent and time frame of the maltreatment
Any Child Protection history with this family

What Happens (continued)

If a cultural factor exists, a supervisor will be consulted
The intake worker will inform the reporter if the report will result in an
assessment or investigation.
If it is accepted, the reporter will be asked to fax/send in a written report.
If the information does not constitute a report for investigation, the caller
will be told. If submitted, a written record will be maintained by the
agency.
If a written report is received, a letter will be sent to the reporter indicating
the reason why the report was not accepted. All written reports that are
not accepted are reviewed by supervisory staff. We will also forward a
report to the police if appropriate.

Helpful Information
Within your school district, most likely you have a procedure if you
suspect child abuse and neglect. In many school the social worker
or school nurse are go-to staff If you suspect or become aware of
possible child abuse or neglect.
In most cases, they will make the report for you, and identify you
as the individual who took the initial information, which covers
your responsibility or you may make the report yourself (and they
can assist you, if need be).
Reports involve a specific incident that has occurred (not what
might happen).

Helpful Information (continued)

Remember, as mandated reporters it is our
responsibility to report suspected abuse or neglect, not
determine if the abuse actually occurred. Child
protection makes that determination.
You may run an anonymous scenario past a child
protection screener to see if an incident is reportable or
for other support.

American Indian Welfare Act

Special Laws Affecting American Indians
Federal Indian Child Welfare Act (ICWA) 1978
Affirms tribal authority:
Tribes can intervene in state courts and take jurisdiction
Makes tribal intervention a preference
Sets in place many other procedural protections and standards
ICWA origins are rooted in mistrust of government

Types of Maltreatment
Physical
Neglect
Mental
Sexual

Physical

Throwing, kicking, burning or biting a child

Shaking a child under the age of 3
Threatening a child with a weapon
Striking a child under age 1 on the face or head*
Purposely giving a child poison, alcohol, or dangerous, harmful, or controlled substances, or other
substances which were not prescribed for the child by a healthcare practitioner, in order to control
or punish the child
A forceful punch/hit to a vital area (stomach, head, etc.)
Physical discipline is allowed as long as there is no physical injury (no marks or bruises)
Unreasonable physical confinement or restraint, including but not limited to tying, caging, or
chaining.
Examples would include - denied access to bathroom, deprived of food or water; excessive time; no
lights; or other aversive element imposed.

Neglect
Chronic inadequate food, clothing, shelter
Abandonment and Endangerment
Exposure to threatening or endangering conditions (such as driving under the influence
with children in the car)
Educational neglect reports are received by the County Attorneys Office and unless there
is previous abuse or neglect within a specific time frame, they work with the family.
Exposing children to criminal activity
Failure to provide health or other care
Inadequate supervision

Neglect (continued)
No child under age eight should be left home alone
Children 7 and under should not be left alone for any period of time
8-10 up to 3 hours
11-13 up to 12 hours
14-15 up to 24 hours
16-17 over 24 hours with a plan in place concerning how to respond to an emergency

a threat, and the age and vulnerability of a child.

Neglect (continued)
A child must be eleven to baby-sit.
Children ages 11-17 placed in a child care role are subject to the same time restrictions of
being left alone as listed above
Neglect and Poverty
At times, conditions of poverty create circumstances where a child may be neglected
due to the caregivers lack of financial resources. Counties are to work to assist them in
correcting the conditions of neglect and to meet the protective needs of their children,
but do not determine the parents behavior as neglectful. We consider if the concern
poses a significant health or safety hazard, or there is a continuing pattern of neglect
that a threat, and the age and vulnerability of a child.

Sexual Abuse
Being forced to observe or participate in any sexual acts
Threatened sexual abuse
Masturbation or lewd exhibition of the genitals knowingly in the presence of a
minor.
Intentional removal or attempted removal of clothing covering the childs intimate
parts if the action is performed with sexual or aggressive intent.
Any act involving a minor which constitutes a violation of prostitution
The use of a minor in a sexual performance, including pornographic works involving
a minor

Sexual abuse is:

When certain persons subject a child to an act of sexual contact or
penetration or threaten the same (also violation of prostitution laws
involving a minor and use of a minor in a sexual performance):
Those certain persons are (not necessarily adults):
A person responsible for the childs care - a person functioning within the
family unit with responsibilities similar to a parent or guardian, OR a person outside the family unit
with duties of the childs care such as school employees and other short-term caregivers such as
babysitters, counselors, or coaches
A significant relationship - an immediate or extended family member, or an adult residing in
the same home
A position of authority - a person acting in the place of a parent, or having the responsibility
for the health, welfare, or supervision of a child, even if briefly

Sample Scenarios
You are contacted by a woman who wants information
about counseling for her 17 year old niece, as the niece
told her mother (the callers sister) that a coach at school
touched her sexually. The mother does not believe her
daughter has refused to report to the authorities, but the
aunt has called you for information to get the girl into
counseling. She gives you the name and address of the 17
year old.

What do you do?

This is a mandated reporting situation, even though the

information comes to you third-hand and is sketchy. You need
not be sure that the abuse happened, but only have reason to
believe. A child who says she was abused or neglected is
reason to believe, and it is up to law enforcement or social
services to investigate whether the complaint is true.

Sample Scenario
A 10-year-old male student says he cannot participate in
physical education because his feet hurt. He is limping,
but won't let you look at his feet. You bring the boy to
the nurses office and the student removes his shoes and
socks and reveals three distinct round burns on the soles
of his feet. One of the burns is infected. When asked how
the burns happened, the boy's only comment is that, "My
dad said I was bad.

What do you do?

This is a mandated reporter situation. You (Nurse) call and make

a CPS report because this is serious and causing obvious pain
and impairment. Although you don't have a complete disclosure
or explanation of the circumstances, the boy's statement and
the distinct nature of the burns should lead you to suspect
abuse. As a mandated reporter of child abuse you must
immediately call CP.

Sample Scenario
A 15 year old client tells you she is having
sexual intercourse with her 20 year old
boyfriend. When you tell her this is illegal,
she refuses to report to the authorities.

As it relates to the boyfriend, this is NOT a mandated reporting

situation because he does not fit into the certain persons
categories described above. You will be violating your duty of
confidentiality to the girl if you report the boyfriend against her
wishes, and an advocacy agency would not serve the community
as well if it earned a reputation for betraying confidences.

Resources
Sexual Violence Justice Institute Facts Sheet:
http://mncasa.org/assets/PDFs/svji_facts_31_558548673.pdf
Minnesota Department of Human Services:
http://www.dhs.state.mn.us/
Hennepin County Child Protection Services:
http://www.hennepin.us/residents/human-services/childprotection-services
The Office of the Revisor of Statutes:
https://www.revisor.mn.gov/statutes/?id=626.556

Resources (continued)
To help mandated reporters better understand the law and
reporting requirements, An Interactive Informational Guide for
Mandated Reporting is available. This comprehensive training is
organized in six modules: an overview of Minnesotas child
protection system, the intersection of poverty and neglect and a
discussion of racial disparities, the basics of mandated reporting,
physical abuse, sexual abuse and neglect. The training is flexible,
allowing users to navigate to any module at any time.