Mandated Reporter E-Learning Transcript

Introduction

[00:18] If you are a Mandated Reporter and suspect child abuse or neglect is occurring a report must be
made to Child Protective Intake. Throughout this training remember that you do not need to prove
child abuse is occurring, you simply need to suspect it to require you to make a report.

[00:13] The purpose of this training is to promote child safety by increasing the knowledge of Mandated
Reporters, explaining the process for reporting abuse, and identification of the signs of abuse
and neglect.

[00:16] To view the Child and Family Services Child Protection Act in its entirety, Maine Legislative
Statute title 22 MRSA Chapter 1071, including a list of mandated reporters, follow the link below.

What does it mean to be a mandated reporter?

[01:03] Mandated reporters are required to file a report of suspected abuse or neglect of a child when
one of the three scenarios occurs:

Scenario 1: A Reporter’s occupation is included in the list contained in Title 22, which is the
Maine Statute that governs the Office of Child and Family Services.

Scenario 2: A Reporter becomes aware of suspected abuse or neglect while acting in a professional
capacity. It is not necessarily required when engaged in activities of personal life.

Scenario 3: A Reporter has a reasonable cause to suspect that a child has been or is likely to be abused
or neglected or that a suspicious child death has occurred. It is important to point out that reporter is
not required to provide “proof” of abuse/neglect, simply to report the reasonable suspicion.

Who is a Designated Agent?

[00:53] The law states: Whenever a person is required in a capacity as a member of the staff of a
medical or public or private institution, agency or facility, that person immediately shall notify either the
person in charge of the institution, agency or facility or a designated agent who then shall cause a report
to be made. The staff also may make a report directly to the department.

If a person required to report notifies either the person in charge of the institution, agency or facility or
the designated agent, the notifying person shall acknowledge in writing that the institution, agency or
facility has provided confirmation to the notifying person that another individual from the institution,
agency or facility has made a report to the department.

Confirmation of Report by Designated Agent

The confirmation must include, at a minimum, the name of the individual making the report to the
department, the date and time of the report and a summary of the information conveyed. If the
Mandated Reporter does not receive the confirmation from the institution, agency or facility within 24
hours of the notification, the Mandated Reporter immediately shall make a report directly to the
department.
An employer may not take any action to prevent or discourage an employee from making a report. For
example, if a school’s principal is the designated agent and a teacher suspects one of their students is
the victim of child abuse. The principal cannot try to discourage them from making a report. The
principal also cannot decide not to make the report. If the teacher does not get written confirmation
that the report was made within 24 hours, they must then make the report themselves.

Best practice is for the Mandated Reporter to be with the Designated Agent when the report is
made. The Intake caseworker will likely have specific follow up questions that the Mandated Reporter
will be better able to answer then the Designated Agent who does not have firsthand knowledge.

Anonymity vs. Confidentiality

[01:11] By law Mandated Reporters cannot make reports anonymously. This means that mandated
reporters must identify themselves to DHHS and provide contact information. DHHS staff will ask how
the reporter knows the family and when the reporter last had contact with the family.
Mandated Reporters are only mandated to report when they learn information through their position as
a mandated reporter; not when information reported is obtained in the course of personal life.

Mandated Reporters may make reports of suspected child abuse or neglect when they are not in a
professional capacity, but it is not a requirement. In this situation they can request anonymity.
Mandated Reporters may request that their identities be kept confidential from the family. This means
that DHHS will not disclose this information unless DHHS pursues court action on behalf of the child, at
which point the reporter may be subpoenaed to testify to the information reported.

Does a Child’s Legal Status Matter?

[00:25] Does legal status matter? Suspected abuse to children of all legal statuses must be reported to
DHHS.

This includes individuals born in the United States, as well as immigrants regardless of documented
status.

Child safety and well-being is more important than the child’s legal status. Intake will report all alleged
crimes against a child to the DA office.

DHHS, Law Enforcement and the District Attorney

[01:52] Any reports of suspected child abuse or neglect by any person are reported to DHHS (Child
Protective Services) as it is the role of DHHS to intervene in these situations. Reporters can call the Child
Protective Intake Unit 1-800-452-1999 to make a report, or a report can be made in person at any DHHS,
Office of Child and Family Services agency.

Any reports that involve an alleged or potential crime of a child are reported to the District Attorney’s
Office. When DHHS receives these reports, Child Protective Intake will also forward the report to
the DA’s office.

The role of DHHS, as was stated, is to intervene in situations where abuse and/or neglect is occurring to
a child and to partner and work with the family to help resolve the issue. The role of the police and DA
are to determine if a crime has been committed and whether to prosecute.
In emergency situations – for example, a parent arrives to pick up a child from daycare intoxicated a
Mandated Reporter should call 911 for law enforcement response. In these types of situations, it is
important to get an appropriate response right away. After the immediate situation is resolved the
Mandated Reporter must call DHHS and make the report. Law enforcement will also report, but the
Mandated Reporter needs to make their report to ensure Intake has all the pertinent information. Law
Enforcement’s information is one piece, and the Mandated Reporter may have other important
information for example other concerns or knowledge of the family.

Concerns About Reporting

[01:24] These are some of the common concerns that come up about reporting. Have any of these
concerns ever come up for you:

What if I am wrong? If you report concerns regarding child abuse/neglect, the Department conducts
an investigation and finds that abuse or neglect has not occurred, that is an ideal outcome.

I don’t want to be fired as a provider. Providers may reasonably be concerned that a family may
terminate services if a provider makes a report. If you are concerned that this may occur, it may be
beneficial to request confidentiality when reporting (to protect your working relationship).

I’m worried about retaliation. Providers may worry that a family may make a complaint to a provider
agency or that a family will retaliate in a physical manner.

I need to maintain a relationship with the family (personal relationship). This may again be a time to
request confidentiality.

I don’t want to release confidential information about my client. HIPAA defers to federal and state laws
regarding child abuse/neglect. This means if a caseworker asks for information regarding a client’s
mental health or substance abuse issues, it is legal for you to provide the information because it may
have a direct relationship to child safety.

Concerns About Not Reporting

[01:12] There are also some common concerns that come up about not reporting, which are:

Risk to the child. Often if a provider is working with a family and observing child abuse or neglect, the
issue has gotten to the point that it will not resolve itself and intervention may be required. Without
intervention, the level of risk to the child may remain the same or even increase.

Licensing issues. If a provider holds a professional license, has concerns regarding child
abuse or neglect and fails to report those concerns and harm comes to the child, it is possible that this
failure to report could impact the provider’s professional license.

Fine. If a mandated reporter fails to report suspected child abuse or neglect, that reporter may be fined
up to $500.

Civil Suit. If a mandated reporter has concerns regarding child abuse or neglect and fails to report those
concerns and harm comes to the child, it is possible that the family could bring a civil suit against the
mandated reporter.

What information is helpful to report?

[02:50] The following information will be requested of you at the time of making your report.

Name, address & phone number of child’s custodial parent and directions to the home. It is important
to have a physical address for the family so that DHHS staff can locate the family for investigation and if
they have directions as well as a description of the outside of the home such as “a white Cape with black
trim and a two-car garage attached”. This is helpful when houses are not marked clearly with address
numbers.

Names & relationships of other adults in the home. It is important for DHHS to know who is in the home
and who is caring for the children.

Child’s name, age and date of birth. It is always best to have as much identifying information as
possible, including first and last names and spelling of non-traditional names. However, there are times
when reporters will know only first names and approximate ages.

Information on any out of home parents. If you know who the out of home parent is and/or where they
are, please share the information. If DHHS investigates the family, it is an investigation of the ENTIRE
family. This includes mother, father, children and any other caregivers for the children.

Detail the alleged abuse or neglect as specifically as possible.

Any actions you have or intend to take. If a child has made a disclosure to you about abuse by the out of
home father and you intend to call the custodial mother to inform her of the disclosure, please let DHHS
know. This helps to inform decisions regarding intervention.

Intake staff will ask additional questions about school, employment, childcare, mental health or
substance abuse issues, domestic violence, Native American or tribal connections, or service providers
involved with the family and relative resources for the child. DHHS uses the information requested to
develop a broad understanding of the family situation as it impacts child safety.

A question that comes up often is from family members, or other individuals that could support the
family, who learn that a child may be placed in DHHS custody. These individuals want to know if DHHS
considers placing children with other family members. Yes, when a child comes into custody, DHHS
actively explores relative resources starting when a report is received. DHHS understands that it is best
for a child to remain with people they know and are comfortable with. DHHS strives to ensure that
children remain in their home communities even when they may not be able to remain in their birth
homes.

If I suspect child abuse or neglect, what should I do?

As a Mandated Reporter if there is a suspicion of child abuse or neglect DHHS should be called, and a
report filed immediately. The Intake number is 1-800-452-1999. This number is available 24 hours a day,
7 days a week including holidays. Mandated Reporters may also go in-person to any DHHS office and
make a report in person. Child Welfare staff will assist in making the report to Intake.

If you make a report to DHHS you are not required to submit a paper copy of your report too but if you
are reporting about a note that a child or parent has written, you may be asked to fax a copy of the note
to DHHS or if you are reporting a disclosure that a child made and you have written down a transcription
of your conversation with the child, you may be asked to fax a copy of that to DHHS.
If your report is regarding a child that was allegedly abused in another State, Make the report to Maine
Intake. Maine Intake may request that you also call the State Intake where the child was allegedly
abused so that report can be firsthand. Please follow the instructions of Maine Intake so that all
concerned have the most accurate information available.

Defining Abuse and Neglect

What is child abuse and neglect?

Abuse or neglect means a threat to a child’s health or welfare due to physical, mental or emotional
injury or impairment, sexual abuse or exploitation, deprivation of essential needs or lack of protection
from these by a person. Abuse types identified in Maine are, Physical abuse, Sexual abuse, Emotional
abuse and Neglect (which also includes Educational Neglect).

Risk Factors

Risk factors are negative factors or the lack of resources within the family and the family environment
that may already be or become challenges to achieve and maintain child safety. These factors also
increase the likelihood of a child experiencing child maltreatment.

It’s important to note that just because there are risk factors in a child’s home-life it does not
automatically mean that abuse or neglect is occurring and likewise the absence of risk factors does not
mean that abuse and or neglect has not occurred. For example, mental illness may be considered a risk
factor for some, but many parents are able to manage mental illness well and without risk to the child.

The most common risk factors associated with child abuse and neglect in Maine are Children under age
6 who are considered a vulnerable child, Uncontrolled Mental Illness or Behavioral Issues, Physical
Health Problems, Alcohol or Drug Misuse, Family Violence, and Severe Parent Child conflict.

Other risk factors include things such as social isolation and poverty which can cause stress and inability
to meet needs.

Physical Abuse

[03:28] Under the Office of Child and Family Services’ policy, physical abuse refers to the abusive
treatment to a child that caused or is likely to cause physical injury. Some examples of physical abuse
are injuries, bruises, lacerations, adult bites, burns, fractures, head trauma, and strangulation.

Children may make disclosures of physical abuse and when this occurs, it is important to gather enough
information to clarify the incident the child is disclosing. Important things to ask yourself are:

Is the injury inconsistent with the explanation being offered?

For example, the child has multiple bruises on upper arms, backs of legs and back and says they tripped
and fell on their hands and knees while playing, or a child has bruising on their face which is a
clear handprint mark and says they ran into a door.

Ask yourself if the explanation that the child has given matches the injury or mark on the child.
Is there a different or changing explanation of the injury? For example, Does the Parent or caretaker’s
explanation change from one discussion to the next as to how the injury occurred or has the child given
differing explanations to various individuals?

Is the injury inconsistent with the developmental age of the child? For example, A bruise or fracture in
a non-ambulatory infant. Children under the age of 6 months do not generally cause bruising on
themselves, therefore any injury to a child under the age of 6 months must be reported under current
Maine law.

Did the child or caretaker state the injury was inflicted?

The impact of physical abuse to a child can vary. Injuries can be severe and long lasting. Emotional
impact can include mental health problems, behavior problems and increased likelihood of the child
being a victim or engaging in violence against others.

This is a list of possible indicators of physical abuse and things to look for when observing bruises, burns
or fractures in children:

 Is the bruising on multiple locations on the body, buttocks, back, backs of legs etc.?

 If there is bruising on the arms, legs, or face, is it on both arms, legs or sides of face?

 Does the bruising have a pattern indicating that an implement was used such as a hand or belt?

 Are the bruises in an atypical location for an accident such as the buttocks, neck, on, in, or
around the ear, upper arms, and legs?

 Does the injury/bruise appear to be an adult bite mark?

 Is this an injury in an infant less than 6 months?

Cigarette burns typically leave a small blistered/scabbed over mark, but bug bites can also leave a similar
looking mark.

Immersion burns usually have clear, demarcated lines with no splash marks. This burn would
occur in children being forced to put hands, legs or other appendages in very hot water.

Look for patterns like an electric burner, iron, lighter, hairdryer, etc.

Approximately 30% of all childhood fractures are inflicted. In children under 1 year of age, 75% of
fractures are inflicted.

Indicators of Physical Abuse in Virtual Settings

[01:42] Mandated Reporters may be interacting with children in virtual settings. Since the pandemic
changed how we conduct our work, there have been many situations where educators, medical staff,
therapists and others are meeting with children and families virtually. This is likely to continue to occur
as another tool to reach children in rural areas or with different needs. Throughout this discussion of
indicators of abuse types, we will include indicators that may be observed in virtual settings. Remember
that the role of a Mandated Reporter does not change in a virtual setting. If you are suspicious of child
abuse or neglect occurring, you are mandated to report it.
A child may be wearing makeup to cover bruises, they may show you on the screen bruises or injuries
that look like self harm. Look for bruising that is in patterns or shapes. Be aware of others in the
background, what are siblings doing when crossing the screen? Do their siblings have injuries?

Pay attention if you notice changes in effect due to others in the room. Does someone’s presence
impact conversation? Is the child nervous or looking off screen for prompts? Are there verbal pattern
changes that may indicate the child is being coached in what to say?

If you suspect physical abuse when you are meeting with a child virtually it is essential that you make a
report.

Pay attention to stories that don’t match the injury, minimizing or avoiding talking about what
happened, or varying stories of what happened. Be aware of complaints of soreness or visual clues of
soreness.

Physical Indicators

Images below will show you what you might see on a child for patterns or bite marks.
Warning, these are colored photographs of actual injuries on children. Often Child Welfare and law
enforcement will take photos of injuries and environments. This is not the responsibility of the
Mandated Reporter. Please speak to your supervisor before you consider taking any photos.

What could have caused this mark?

This photo shows a characteristic linear patterning of an open handprint from a slap on this child’s face.
Young children are at a much greater risk for brain damage from head injuries as their skull and facial
bone structure have not solidified yet.

As we have stated children under the age of 6 months are unlikely to have any bruises that are
accidental. Once a child starts walking however at around 12 to 18 months, they can sustain accidental
bruises of the shins, forehead, and other bony prominent areas.

If you saw this injury, what questions might you ask the child?

What happened to your face? When did that happen? Who was there?

If you saw this injury on a child, how would you describe it to intake?

Child’s face has red lines that look like a slap mark. The redness and bruising go up the left side of the
child’s face into his hair line and ear

What other concerns do you have for this child based on this injury?

Head trauma, neck or inner ear injuries.

What could have made these marks?

The symmetrical and bilateral nature as well as fingerprint pattern of bruising on both of the child’s arms
is indicative of grab marks. Whereas the bruising is indicative of grab marks, it’s important to
understand that we still do not know the “why”. It’s important to always look at situations from all
different angles including how it could have happened accidentally and or in a non-abusive act.

How might this type of bruising happen in a non-abusive way?

Possible Responses may include the Parent or caretaker grabs child by the arms to save them from being
hurt in a dangerous situation like running in the street, falling downstairs, or touching a hot stove.

If you saw these bruises, how would you describe them to intake?

The child has bruises that are about the size of an adult fingerprint on both upper arms. There are
several of these bruises on each arm.

What other concerns do you have based on this child’s injuries?

Shaking of the child could cause injuries to the skull, eyes and neck. Age of the child is concerning due
to physical development.

What could have caused this mark?

This photo shows a characteristic human bite. Most human bites in children are inflicted by other
children, although measurement of the bite diameter can sometimes assist in determining not only
whether the bite was by an adult or child but, indeed, who the likely perpetrator is.

If you saw this injury, what questions might you ask the child?

What happened? Where were you? Who was there?

If saw this injury on a child, how would you describe it to intake?

This child has a clear adult sized bite mark. It is very defined and bruising in the middle.

What other concerns may you have for this child based on this injury?

Emotional trauma, other possible bites

What could have caused this mark?

This is a picture of a grab mark on an infant. Remember children under the age of 6 months do not
generally cause bruising on themselves. Infants such as this one are not yet ambulatory and cannot
generate sufficient force to cause such bruising on themselves. Note that this bruise is very difficult to
see, and that is a reminder even small hardly noticeable injuries on an infant under 6 months of age are
concerning and must be reported.

If you saw this bruise, how would you describe it to intake?

Infant has a bruise on the front of the left lower leg.

What other concerns do you have based on this child’s injuries?

Remember that any mark, bruise or injury of a child under 6 months of age is a Mandatory Report to
Intake per the law.

Based on the age of this child any physical abuse can be fatal.

Sexual Abuse

The state of Maine definition for child sexual abuse has three components:

 A person has engaged in sexual contact with a child or forces a child to have sexual contact with
others.

 A person knowingly allows a sexual offender of children uncontrolled access to the children. It’s
important to clarify that DHHS would be concerned when a sex offender of children has
uncontrolled (unsupervised) access to children.

 A person is intentionally subjecting a child to purposefully suggestive remarks and behaviors,

creating a sexualized environment that is likely to result in sexual abuse or exploitation.

 A “person” can include a youth who is exhibiting these behaviors with another child. If you are
aware this is occurring report it to Intake. Youth that receive treatment for sexualized behaviors
have great outcomes. It will be important to assess these situations and determine what is
going on to best help that family.

Indicators of Sexual Abuse

These are some of the behavioral and physical indicators for sexual abuse:

Inappropriate sexual knowledge or behavior for the child’s age.

Disclosure or other concerning statements from the child.

Sleep disturbance.

Exposure to a person who has sexually abused a child

Physical Indicators may include:

Unexplained genital injury

Sexually transmitted infections

Pregnancy

It’s important to note that because an indicator is present, as with the other abuse types, does not
automatically mean that abuse is occurring. For example, child has inappropriate sexual knowledge or
behavior for the child’s age. This is an indicator but what are other ways that children may gain this
knowledge that would not necessarily indicate sexual abuse? Possibilities include the Internet,
witnessing a baby-sitter or older sibling with a partner, viewing parents' pornography without parents'
knowledge, or non-restricted TV channels.
Also, it is important to note that bed wetting/enuresis is not on the list when it has long been considered
a “red flag” for sexual abuse. This issue is not on the list because there are several other potential
causes for it such as physiological issues, developmental delays, or emotional health issues.

Indicators of sexual abuse in virtual settings

Some suspicious behaviors you may see in a virtual environment are children using sexualized language
or sharing sexualized stories. Pay attention to if they are talking about picture taking or sharing on the
internet. Is there an adult in the child’s life they talk about becoming overly close with? Do you notice
changes in behavior if that person is around?

They may be wearing clothing that is inappropriate for their age, and you want to pay attention to how
they are using technology. Putting the pieces together takes additional thought and consideration.

You may become aware that children are accessing inappropriate sites on school devises. Are you
seeing things like, sex toys, books, magazines, or pornography in the background? Are you hearing
about these things from the child, siblings or parents? Does someone else seem to be influencing or
telling the child what to say?

Sex Trafficking (Commercial Sexual Exploitation of Children)

Sex Trafficking or Commercial Sexual Exploitation of Children is when a person responsible for a child
uses that child for sexual purposes in exchange for something of values. This includes:

Recruitment- intent to entice someone into a lifestyle by making promises, buying gifts, food, shelter,
rides, drugs etc. but can also include the offering of affection

Harboring- keeping a person detained in some way through threatening, withholding basic needs, drugs
etc.

Transportation- providing transportation to get the child to the place for sex acts.

Provision- providing the child to the customer/client for sex acts.

If you are aware that a child is being sex trafficked this is an immediate report to Intake. Please be
aware in these situations the child victim will not be prosecuted for a crime. Recognizing the signs can
be difficult.

A child exhibiting one or more of these at high-risk behaviors accompanied by pregnancy and or
sexually transmitted disease should increase your suspicions of human trafficking.

An unaccompanied Minor or child trying to enroll in school or presenting at hospital without a parent or
guardian is a high-risk behavior.

The Global idea of disconnectedness from peer group, family, school could also be a high-risk behavior.

Resources Available

There are resources available to help you navigate concerns for victims of sex trafficking. There is a 24-
hour toll-free hotline:

1-888-373-7888
There is also the Maine Sex Trafficking and Exploitation Network which offers:

 Bi-weekly round-up (news/resources/trainings)

 Technical assistance

 Public awareness (tabling, outreach materials, lending library)

 Victim Support Fund

 Website with links to Maine’s providers and national resources

The Maine Coalition Against Sexual Assault (MECASA) also offers training, technical assistance, as well as
a 24-hour crisis and support line:

1-888-871-7741

Emotional Abuse

In the state of Maine, the definition for emotional abuse is any abusive treatment by a person that has
resulted in emotional impairment or distress in a child.

Indicators of Emotional Abuse can fall into four different categories, but each category gives some
examples of a person’s behaviors that convey to the child that they are worthless or flawed in some way
maybe due to a physical handicap or that they are unloved or maybe unlovable, endangered or that they
are only valuable in meeting someone else's needs. Let’s look at each of them:

Spurning or Rejecting:

What might be some examples of spurning or rejecting?

This could consist of verbal and nonverbal acts that reject and degrade a child such as belittling,
degrading, overly hostile or rejecting treatment, shaming and or ridiculing the child for showing normal
emotions, consistently singling out one child to criticize and punish, or public humiliation.

Terrorizing:

What might be some examples of terrorizing?

This could include behaviors that threatens or is likely to physically hurt, kill, abandon, or place the child
or child’s loved ones or objects in recognizably dangerous situations.

Isolation:

How might a person isolate a child?

This could include acts that consistently deny the child opportunities to meet needs for interacting or
communicating with peers or adults inside or outside the home, such as confining the child or placing
unreasonable limitations on the child’s freedom of movement within his or her environment.

Exploiting or Corrupting

How might a person exploit or corrupt a child?

This includes acts that encourage the child to develop inappropriate behaviors that are self-destructing,
antisocial, criminal, deviant, or other maladaptive behaviors.

What might a person who is denying emotional responsiveness look like?

This includes acts that ignore the child’s attempts and needs to interact (failing to express affection,
caring, and love for the child) and show no emotion in interactions with the child. Examples are being
detached and uninvolved through either incapacity or lack of motivation, interacting only when
necessary, and/or failing to express affection, caring, and love for the child.

The impact of emotional abuse on a child is long lasting. It can lead to mental health problems,
relationship problems and isolation.

Indicators of Emotional Abuse in Virtual Settings. You may notice that a child is withdrawn or often
alone. The child may use negative terms to describe themselves. You may hear others in the
background using negative terms to describe the child. These are indicators of possible emotional
abuse.

Intimate Partner Violence

Intimate Partner Violence, sometimes referred to as domestic violence, is a way for one person in the
home to assume power and control over their intimate partner. The impact on children in homes where
Intimate Partner Violence is occurring can include: Desensitization to violence, Damages the sense of
safety, Acceptance of physical harm, Fosters seeking of power/ control, or Imitation of
abusive behaviors

It is the goal of Child Welfare to protect children, in situations of intimate partner violence the agency
also wants to protect the victim of the violence. Intimate Partner Violence, Child Abuse, Animal
Cruelty, and Elder Abuse are linked. If you notice one it is likely that other forms of violence are also
occurring in the home. An important detail for your report is where the child is when the Intimate
Partner Violence is occurring.

Neglect

The state of Maine defines neglect as failure to provide adequate food, clothing, shelter, supervision, or
medical care when that failure causes or is likely to cause injury including accidental injury or
illness. Also failure to protect a child from harm resulting in physical abuse, sexual abuse or emotional
abuse. It can be categorized as a deprivation of necessities (like food, clothing, shelter), by a lack of
medical or dental care, by a lack of supervision and by a failure to protect a child from other forms of
abuse.

Neglect is a pattern of maltreatment and not a one-time incident and occurs when there is a negative
impact upon a child. Example: if a child has poor hygiene, but there is no negative impact to the child’s
physical health, self-esteem or peer relationship, the poor hygiene may not rise to the level of being
neglectful.

Indicators of Neglect

Some common indicators of neglect include:

 Underweight/overweight – This refers to children who are grossly underweight/overweight.
Underweight refers to children who may be diagnosed with non-organic failure to thrive (having
dropped off the growth chart with no physiological reason). It is important to point out children
being underweight and how critical early intervention is with infants. Non-organic failure to
thrive in infancy can have severe long term (often lifelong) adverse effects on that child if they
do not receive intervention in a timely manner or even death. The most common dynamic for a
non’-organic failure to thrive is an undemanding infant and an inattentive or ignoring parent.

 Overweight refers to children who may be morbidly obese with the obesity affecting their
overall health (difficulty ambulating, joint pain, juvenile diabetes, etc.).

 Consistent hunger – This refers to instances where children chronically complain of being
hungry, going without meals at home, begging for food, hoarding food, etc.

 Poor Hygiene – This refers to a chronic situation where a child’s hair, skin and clothing are
chronically unclean, and this is negatively impacting the child’s health or emotional well-being.
An example of physical presentation might be a rash, and emotionally as the cause of bullying or
isolation from their peer group.

 Inadequate clothing for weather – This refers to a chronic situation, not a one-time incident
where Johnny comes to school during the first snowfall without a hat and mittens.

 Basic needs not met – This refers to an ongoing lack of food, shelter, clothing, etc.

 Unattended needs – This refers to instances of medical or dental neglect where the failure
to take action has a negative impact on a child. For example, a child has numerous cavities,
which have gone untreated. Now several of the cavities have led to abscesses (infections),
which are painful for the child. Still the person responsible for them is not addressing the issue.
The dentist is concerned because of the pain caused by the abscesses, but also because a long-
term infection can be detrimental to the child’s overall health.

 Child is left alone, unsupervised for long periods of time –There is no law in Maine that states
how old a child must be before he or she may be left alone. This is dependent upon multiple
variables such as the child’s developmental ability, any handicapping conditions, or other
factors. When DHHS receives a report that a child is being left home alone, DHHS requests
information regarding that specific child, like whether the child has any developmental,
emotional, or physical handicap; whether the child knows how to call parents, neighbors, 911 if
necessary; how long the child is home alone and whether the child is comfortable with the
arrangement. It is never acceptable to leave an infant home alone because infants require adult
caregivers to meet nearly all of their needs. It may be acceptable to leave a 10-year-old home
for an hour after school until parents arrive home from work if the child knows how to reach the
parents via phone, has a neighbor nearby to touch base with if needed and knows how to call
911 in an emergency. It may be unacceptable to leave a 16-year-old home alone if the child has
a physical handicap that would prevent them from being able to care for themself or a
behavioral issue, like fire-setting for example, that will put the child at risk.

 Child left with inappropriate caregiver – This refers to situations where a caregiver may pose a
threat of abuse or neglect to a child based upon prior behavior. For example, if an
 adult physically abused their own child and that child is no longer in their care as a result of the
abuse, it may not be safe for that adult to be caring for another child after school.

 Unsafe/Unsanitary housing – This refers to situations where living conditions are hazardous to a
child’s health and well-being. Ex. A child’s bedroom is in the back of the home in an area that
has not been finished off. There are exposed wires in the walls where the child could
easily come into contact with them. Also, there is a leak in the ceiling near the overhead light
fixture, which causes concern for a short circuit and potential fire hazard.

Substance Exposed Infants

Substance Exposed Infants (SEI) –is one term that is used to describe infants that have been exposed to
or affected by substances in utero. Another term you may hear is Substance Exposed Newborns (SEN).

Any newborn exposed prenatally to illegal substances is an immediate report to Child Protective
Services even if the infant has no adverse effects. Depending on the severity and contributing factors
these reports may need CPS intervention or support from public health nursing. Federally marijuana is
illegal. Federal law states medical providers must report all infants born affected by illegal substance
use.

Affected means the infant is, in the opinion of the medical provider, adversely affected by the
substance.

If a newborn is experiencing withdrawal or additional medical complications due to prenatal substance

exposure that is also an immediate report to CPS. This is the case with legal substance use including
prescriptions or over the counter medications. When an infant is born drug affected this does not
necessarily mean that the parents are neglectful. Child Welfare will learn more to determine this. 903
infants were reported as drug affected in 2020, these numbers are lowering every year.

Identifying Neglect

As a reporter you should be prepared to create a visual description of the conditions of the home,
especially those conditions that may be dangerous.

Remember there is no detail that is insignificant.

Always be as specific as possible. Remember the Intake Caseworker has not physically seen what you
have seen.

Try to describe your concerns in as much detail as possible so that the Intake Caseworker will
understand the specific threat of harm to the child(ren) based upon the child(ren)’s age(s) and
development.

You are about to view two photographs of a home environment in which two children ages one and
four live.

How would you describe this environment and the concerns that you have to the intake worker when
you call?

A Deeper Look at the Kitchen

What do you see that is concerning in this photo if a 1-year-old and a 4-year-old were living in this
environment?

Make sure to point out:

 Broken furniture – safety risk

 Bagged garbage – sanitation issue

 Broken wood trim (left, white, leaning against chair) – safety risk

 Broken child’s toy (foreground, pink) – safety risk

 Overturned table – safety risk, indication of anger issues?

 Chair in front of gas stove – safety risk

 Cat litter and feces on floor – sanitation issue

 Dishes on counter w/knife – safety risk, sanitation issue

Now consider a 16-year-old child lives in this home. There may be concerns for this teen, however the
impact is different.

A Deeper Look at the Bedroom

What do you see in this photo that is concerning if a 1-year-old and a 4-year-old were living in this
environment?

Make sure to point out:

 Mattress stained with human and animal waste – sanitation issue

 Bed devoid of any bedding – no attempt to make room comfortable for child

 Bagged and un-bagged garbage on floor – sanitation issue, safety issue (walking)

 Table in front of second story window – safety issue

 Drawers piled next to dresser – safety issue

FAQ

In the past, some reporters have expressed concern that DHHS has called the family to schedule an
appointment to visit the home after receiving a report. The reporter then feels like the Department
didn’t get a chance to see what the home was truly like because the family cleaned up the environment
prior to the caseworker meeting with them. It is DHHS’ policy to contact parents via telephone, to
inform parents of a report and to arrange a time to visit the home. This is to engage families in the
DHHS process and minimize instances where DHHS is unable to locate a family. This notification does
sometimes prompt families to make changes to their home environment before a visit. While this may
prevent the caseworker from viewing the home as it was described in a report, an improvement in the
home environment is likely to increase child safety so this is a positive thing. If you are concerned about
prior notification, you may voice that concern when you make the report.

Indicators of Neglect through virtual

Some things you may see that indicate neglect in a virtual setting could include:

A child appearing hungry or stating there is no food in the house.

The home appears to have hoarding, animals appear abused, underfed, unhealthy.

There are other children in the home you are seeing that look underfed, unclean, without supervision
based on age.

Adults in the home are not responding to children’s needs, they are asleep or unavailable.

Educational Neglect

Educational Neglect applies to families being reported solely for habitual truancy. Educational Neglect
Law Title 20-A changed in June of 2019. Any Mandated Reporter who is concerned about truancy for a
child should make that report to Intake. If a school is making the report, they will have more detailed
information, however suspicion is reason to report. Intake staff need to know the truancy concerns as
well as if truancy is believed to be the result of neglect by a person responsible for the child.

Report of Residence with non-family

In the state of Maine there is now a requirement for mandated reporters to report when a child is
known or suspected to be living with non-family. A report shall be made to the department if the person
knows or has reasonable cause to suspect that a child is not living with the child’s family:

Although a report can be made at any time, a report must be made immediately if there is reason to
suspect that a child has been living with someone other than the child’s family for more than 6 months
or If there is reason to suspect that a child has been living with someone other than the child’s family for
more than 12 months pursuant to a power of attorney or other nonjudicial authorization.

Disclosures

As a Mandated Reporter you are in a unique position to observe and listen to children. As trust and
comfort develop with children, they are more likely to disclose what is happening in their lives. As a
trusted adult they may disclose child abuse and neglect to you. Let's look at what happens if a child
discloses abuse and or neglect to you and what are some things that you should know to do to prepare
yourself on how to respond.

If a child tells you about abuse or neglect occurring to them and you need more information before
calling intake it is OK to ask open ended questions. As a Mandated Reporter you are not trying to
prove/disprove abuse or neglect occurred, but you can clarify details.

If a Child states, “then he hit me” … An appropriate response could be: “who hit you?”

If a Child states, “I ran to my room” … An appropriate response could be “what happened before you ran
to your room?”
If a Child states, “my mom started yelling” … An appropriate response could be: “when did that
happen?”

If a Child states, “there was glass all over the floor” … An appropriate response could be “where was the
glass on the floor?”

Think about what you need to know to make a report and keep it simple. If you do not need that
information for your report, you don’t need to ask questions. It is best to give the child time to talk and
for you to listen.

There are some important things to be sure to avoid when a child is disclosing to you about
abuse/neglect.

 Do not express disapproval of the parents/child/situation. Although a child is making a

disclosure because they may want something to change, the child does not always see the
perpetrator as being “bad” or having done something “wrong.” Be careful not to allow your own
disapproval to color the child’s reactions.

 Do not mention consequences for the alleged offender. Although a child is making a disclosure
of abuse or neglect, the alleged offender may be a friend, family member or parent. This means
that the child has an emotional attachment to this individual and knowing that the disclosure
may cause difficulties for the alleged offender may be upsetting to a child.

 Do not promise to keep the disclosure a secret. If the disclosure contains an allegation of child
abuse/neglect, the disclosure must be reported to DHHS and/or law enforcement. If you have
made a promise not to share the disclosure and then have to share it due to the law, this may
undermine your relationship with the child.

 Do not tell the alleged offender a child made a disclosure if it may increase the risk to the child.
If a 10-year-old child says that his father is hitting him on the bare bottom with a leather belt
when the school reports that the child has acted out, telling the father that the child disclosed
the abuse may cause the father to retaliate against the child for talking. If you are making a
report to DHHS due to a disclosure of abuse/neglect, it may be appropriate to speak with an
Intake Caseworker to determine whether informing the parent of a disclosure is appropriate.

Statistics

In the year of 2020 Intake received a total of 50,216 calls. 25,559 of them resulted in new reports. There
were 11,683 reports that did not meet the criteria for CPS intervention. The number of reports assigned
for intervention was 10,616.

This pie chart shows us that in 2020 neglect (blue) was the most prevalent form of abuse found
during an investigation, with emotional abuse (green) second followed by physical abuse (red) and then
sexual abuse (yellow).

What happens after the report is made?

You may have often wondered what happens to the information after a report has been made?
  First off, all reports are documented in the DHHS database. All Reports are reviewed by a
supervisor.

 The phone call is not recorded

 Intake Caseworkers use an evidence-based tool called Structured Decision Making to determine
if reports meet the criteria for intervention.

 Each report is sent to an Intake supervisor for review and the supervisor decides within 24 hours
of the call to transfer the report to the Local Office or a contract Agency for further action or
close the report with no further action.

 If a report meets criteria it is sent to the local office or contract agency and there will be
intervention within 24 or 72 hours.

Meeting Criteria’ means there is a current allegation of child abuse or neglect and a demonstrated
negative impact on a child.

Some reports present situations with evidence of serious family problems or dysfunction but do not
contain allegations of child abuse or neglect.

Such things as:

 Parent/Child Conflict: Children and parent in conflict over family, school, friends, behaviors with
no allegations of abuse or neglect. Includes adolescents who are runaways or who are exhibiting
acting out behaviors that parents have been unable to control.

 Non-Specific Allegations or allegations of marginal physical or emotional care which may be

poor parenting practice but is not considered abuse or neglect under Maine Law.

 Conflicts Over Custody and or visitation of children which may include allegations of
marginal/poor care.

 Families In Crisis due to financial, physical, mental health, or interpersonal problems but there
are no allegations of abuse or neglect.

 These reports are documented and remain in the database; however, no intervention occurs.
These documented reports can be reviewed if additional reports are made regarding the same
household.

Disclaimer when in doubt call it in

SDM is an evidence-based tool that is used at Intake to determine if reports meet criteria for OCFS
intervention. Or if those reports require a lower level of intervention such as voluntary services or
community supports.

SDM provides a screening criterion which helps staff identify if an intervention is needed, at what level,
how quickly and what is the best response.

Appropriate reports requiring intervention are then transferred to the appropriate office/agency within
24 hours.
Reports of high severity are assigned to OCFS for intervention.

Intervention will occur within 72 hours of transfer.

An investigation of the situation generally lasts up to 35 days.

FAQ

Lastly a few of the frequently asked questions that are important to discuss. There have been situations
when a reporter has requested confidentiality only to find that the family seems to know the reporter’s
identity as the report source. This causes the reporter to feel that DHHS did not respect the request for
confidentiality. If you request confidentiality, DHHS will honor that request.

This means that if you are the children’s maternal grandmother, a caseworker will not go to the home
and say your name or that a grandparent called, however because you may have reported detailed
information regarding a specific incident that not many people outside the family know about, the
family may have guessed that you made the report. DHHS would not confirm this to the family.

[00:54] Also, there are times that a reporter has made a report and DHHS gets involved but then after a
time the reporter notices that things are getting bad again or the same behaviors that were concerning
before are beginning again and they wonder why DHHS isn’t doing anything. DHHS may have closed and
may be unaware.

When DHHS conducts an investigation and intervenes in a family situation, things in the home may
improve and DHHS may choose to close with the family believing that the issues have been resolved but
once they are out of the home the family begins to revert back to previous behaviors. This happens at
times and DHHS may not be aware of it, so it’s important for reporters to call DHHS when they see
concerns arising again and make another report.

And last but not least a question that often comes up for reporters is when they think the situation
is really bad and don’t think the child should remain in the home they want to know “Why didn’t DHHS
remove the children and place them in foster care?”.

DHHS’ role is to work with a family to attempt to address safety issues that are presented. It is DHHS’
goal to safely maintain children within their birth homes whenever possible.

DHHS does not become involved with a family with a goal of assuming custody of a child, however if the
family is unable to address safety issues and this creates an environment of risk of harm to a child, DHHS
may petition the court to require the family to participate in services or to request custody of a child be
granted to DHHS. Ultimately, it is up to the court to determine custody.