RECOGNIZE AND REPORT: CHILD CARE PROVIDERS HAVE THE POWER TO PREVENT CHILD ABUSE A White Paper of Regulatory Recommendations By Laurie Furstenfeld, Staff Attorney California Health and Safety Regulatory Workgroup October 2014 Updated January 2015 EXECUTIVE SUMMARY In 2013, child protective services (CPS) agencies in California received more than 80,000 substantiated reports of child abuse and neglect.1 Almost half concerned children 5 and younger, who are at highest risk for maltreatment. Many of these children were among the approximately one million attending licensed child care homes and centers in our state.2 Very young children spend more time with child care providers than with any adults other than family members. Recognizing the close relationship between child care providers and the children in their care, California law includes child care providers among “mandated reporters”— professionals who are legally obligated to report suspected abuse or neglect to CPS agencies.3 Proper CPS intervention following a CPS report is a key deterrent to recurring child abuse and neglect.4 And yet in 2013 only 1.6 percent of substantiated reports of abuse and neglect of children through age 5 came from “day care and foster care.”5 This disproportionately small number strongly suggests that child care providers underreport suspected abuse. Despite their status as “mandated reporters,” California does not require that child care providers receive any training in recognizing signs of child maltreatment or in how to navigate the complicated reporting system.6 In fact, a national evaluation ranked California’s standards for child care regulations and oversight near the bottom.7 We are one of only two states that require no annual training for child care providers.8 California Community Care Licensing Division offers family child care home licensees and child care center directors only the most basic information on the role of mandated reporters; other child care staff do not receive even that. Child care providers themselves express confusion about their legal reporting obligations.9 Child care providers worry that reporting will undermine their close relationships with the families they serve, provoke retaliation from families, intensify the abuse, jeopardize future business, or even subject them to lawsuits. California should require comprehensive child abuse prevention training for all child care providers. Such training will offer child care providers tools for supporting families, including those who present risk factors for child maltreatment, possibly preventing child abuse before it occurs. It will also empower child care providers to become proactive reporters when they recognize signs of abuse and neglect, helping eradicate child abuse, and in turn dramatically reduce costs to the state for medical and mental health services.10 Moreover, training will decrease the number of unsubstantiated reports, sparing agencies from spending limited resources on investigating unfounded allegations or reports containing insufficient information.11 AB 1432, recent legislation requiring child abuse training for school employees, offers a model for similar requirements in the child care setting. Additionally, a free online training for child care providers already exists on the California Department of Social Services website.12 Child care providers are a critical component of the early care and education system. Requiring them to be trained in recognizing and reporting child maltreatment will help them be fully effective in carrying out this role. “When I taught preschool, I decided to take child abuse prevention training given by the Stockton Family Resource and Referral agency. When I returned to my school and shared the information with other teachers, I explained that we were all mandated reporters--none of them knew that, or even what it meant. A few weeks later, a two-year-old arrived at our school with a handprint-shaped bruise on his face. His teacher brought the child to my classroom and asked for advice. I walked her through how to make the required report, and CPS arrived within the hour. They interviewed the little boy, took him from school, and opened a CPS case. Although the experience was traumatic, we knew the child would now be protected and that his family would receive much-needed intervention and support.” --Lucy Chaidez, EMSA Child Care Training Coordinator and former early childhood educator and social worker. INTRODUCTION Children under five are the most vulnerable to child abuse and neglect. In 2013, California child protective services (CPS) agencies received 81,381 substantiated reports of child abuse and neglect, almost half regarding victims from birth to age 5.13 And in 2012, 49 states reported a total of 1,593 child fatalities due to maltreatment; nearly three-quarters of these victims were under age 3. Eighty percent of the deaths were caused by one or both parents.14 Approximately one million children are currently in licensed child care in California.15 Although our youngest children are at highest risk for maltreatment and spend more time with child care providers than with anyone else outside their families, child care providers are the least likely professionals to report suspected child abuse to the proper authorities.16 In 2013, California CPS agencies received, regarding children through age 5, approximately 95,601 reports that required an investigation.17 Of those reports, only 1,516 came from “day care and foster care” (the state does not track data for “day care” alone).18 And nationally, of CPS reports from professionals who encounter children as part of their occupations – child care providers, teachers, law enforcement and medical personnel, and others – only .4 percent come from child care providers.19 The large number of young children in child care and the small proportion of CPS reports from that source combine to suggest strongly that child care providers greatly under- report suspected abuse and require training to meet their obligations. Reporting is crucial because proper CPS intervention remains a key deterrent to recurring child abuse and neglect.20 Even though all licensees, administrators, and employees of licensed child care facilities and employees of any child care institution are mandated reporters--required under state law to report suspected child abuse and neglect--California does not require that they be trained in recognizing signs of child maltreatment or in how to report suspected abuse.21 And yet failure to report can increase the probability that the abuse will continue and even extend to other children.22 One expert notes that “sex offenders who have been ‘caught’ abusing a child without a report being made to the authorities or without any meaningful consequences often feel emboldened, giving them the sense of invincibility.”23 Reporting by child care providers and their employees, who work daily on the front lines with children and families, can effectively interrupt this dynamic.24 Comprehensive training of child care staff on the signs and symptoms of child abuse will help child care providers intervene early, support families, and create supportive environments for both children and families. 2 Unfortunately, due to a lack of training and vague regulations, few child care providers fully understand their role as mandated child abuse reporters, reducing the likelihood that they will make reports.25 Many child care providers do not know whom to call if they suspect abuse or neglect or whom to consult for guidance about whether a report is warranted.26 To protect children, California must require training for child care employees in how to support families, especially those who present risk factors for child maltreatment. A comprehensive training will also teach child care providers how to recognize child abuse and neglect, when and how to make a CPS report, and how to work with families following a report. Having undergone comprehensive training, California’s child care providers will better understand their vitally important role as mandated reporters and be more confident in navigating the reporting process. The result will be more “appropriate care, referrals, screenings, and fewer illnesses” for young children, enhancing their overall development, mental health, and learning readiness.27 STATEMENT OF THE PROBLEM A comprehensive national evaluation of state child care regulations and oversight, We Can Do Better, ranks California near the bottom in child care standards: 46th in the nation for “Child Care Center Requirements” and next to last in the comprehensive category “Total Child Care Center Scores and Ranks.”28 These disturbing rankings are based in part on lack of training, including a lack of mandated reporter training, for child care providers. Moreover, California is one of only two states that does not require any annual training for child care providers.29 California Law Does Not Require Mandated Reporter Training for Child Care Providers California’s Health and Safety Code obligates one director or teacher at a daycare center, and all family child care provider licensees who care for children, to receive 15 hours of health and safety training before obtaining a child care license. The training must include courses in: Pediatric first aid Pediatric cardiopulmonary resuscitation (CPR), Preventative health practices, such as recognizing and preventing infectious diseases, and 30 Childhood nutrition, if licensed after January 1, 2016. The law does