Mandated Reporting Leanne Brotsky Training & Outreach Specialist DC Coalition Against Domestic Violence Show of hands… • How many people have made or participated in the decision to make a mandated report? • How many people knew for sure what the outcome of the call/report would be for you and for the survivor? MANDATED REPORTING • Mandated reporting is likely to come up in each of our work, but it can be complex and unpredictable • Important to prepare in advance so we and survivors have the needed tools for when it comes up! AGENDA • Understand dv advocate mandated reporting requirements & processes in DC • Discuss the balance of mandated reporting requirements & dv advocacy principles (confidentiality, self-agency) • Understand survivor-centered reporting & what’s needed to incorporate it in our agencies What is a mandated reporter? WHAT IS MANDATED REPORTING • Mandated reporter: a professional who is obligated by law to report known or suspected incidents • The type of incidents that must be reported are determined by someone’s profession, location, & sometimes the setting they work in • Who are mandated reporters in DC that survivors come into contact with? What are we required to report? MANDATED REPORTING REQ’s • Domestic violence advocates are mandated reporters for: • Child abuse & neglect (§ 4-1321.02) • Threat to harm self or others (§ 14–310) • Any other requirements for people in the room? • Social workers (elder abuse) • Attorneys (less requirements) MANDATED REPORTER REQ’S • Child abuse/neglect: the physical or mental injury, sexual abuse, negligent maltreatment, or maltreatment of any child under age 18 by a person responsible for the child's welfare under circumstances that threaten or harm the child's health or safety • Child abuse/neglect “poor” parenting, different parenting style than your own MANDATED REPORTER REQ’S • Threat to harm self or others: substantial risk of imminent and serious physical injury to victim or another individual • Harm to self/others survivor using threatening language in frustration, expressing suicidal thoughts/suicidal ideation Who are we reporting to? WHO WE REPORT TO • Children & Family Services Agency • Child abuse & neglect • Metropolitan Police Department • Harm to self or others WHO WE REPORT TO Child & Family Services Agency • CFSA is the public child welfare agency in DC • The agency is responsible for protecting child victims and those at risk of abuse and neglect. Many departments within CFSA that do different things (take reports, investigate, support families, foster youth, etc.) • CFSA Child Protective Services (CPS) takes reports of known or suspected child abuse and neglect of kids up to age 18 in DC • Investigates the reports to determine whether true or false • Work with children and families to make plans to end/prevent abuse and neglect • To report to CFSA: (202) 671-SAFE or (202) 671-7233 WHO WE REPORT TO Metropolitan Police Department • MPD is the primary law enforcement agency in DC • The agency is broken up into districts (by ward) and units (that serve specific populations) • Many districts and units within MPD respond to issues surrounding domestic violence, dating violence, sexual assault, and threats to harm self or others How do these agencies respond to domestic violence? AGENCY VIEWS • Important for advocate & organization to understand how CFSA and MPD implement domestic violence protocols • Does their protocol treat survivor as “neglectful” or “offending” parent? • How do they address implicit bias and attend to culture? • How do they interact with your agency/other dv services? • What experiences have you or your org had with these agencies when making a report? • Also important to keep in mind survivors’ experience and understanding with the agencies • What is the survivor’s (and their community’s) experience of mandatory government intervention? • Have they had past experiences (positive or negative) with these agencies? Balancing Mandated Reporting & Advocacy Principles ADVOCACY & MANDATED REPORTING How does the mandated reporting process fit in with our guiding principles as advocates? Does it complement or contrast our values as advocates? INTERACTION WITH REPORTING AGENCIES How do we uphold mandated reporting req’s, our confidentiality req’s, and guiding principles at same time? • Fulfill our mandated reporting requirements • Child abuse & neglect • Harm to self or others • Uphold our confidentiality requirements • VAWA/FVPSA • Local laws • Maintain our responsibilities as advocates • Provide informed consent about your requirements to survivors every single time • Use our professional judgment when asking further questions • When a report needs to be made, make it survivor-centered! Survivor-Centered Reporting SURVIVOR-CENTERED REPORTING How do we as advocates engage in survivor-centered reporting? • Informed consent (an idea so nice we say it twice ) • Involve the survivor in the reporting process • Ask the survivor how they want to be involved & explain process • Make the report with the survivor • Survivor can be the one who calls and makes the report with you there • Safety plan with the survivor about potential next steps if/when CFSA/MPD open an investigation SURVIVOR-CENTERED REPORTING Engaging in survivor-centered reporting helps us as advocates uphold our code of ethics and empower survivors while meeting our own professional responsibilities. Most importantly, it keeps survivors in the driver’s seat (as much as possible) and allows them to continue making the decisions about their/their family’s safety. Questions?.