People who work with children must report suspected abuse more quickly under new law

On July 1, 2012 a new regulation, the mandate reporter law, went into effect for all who work with or serve children under 18 years old. It can be located in The Code of Virginia 63.2-1509.

Kathy Sumby, Social Work Manager for Prince William County Social Services, explained the new regulation, saying, “Mandate reporters who fail to report suspected abuse or neglect as soon as possible, but no longer than 24 hours after having reasons to suspect abuse, can be charged anywhere from $500 and higher in fines. In the case of suspected acts of rape, sodomy, or object sexual penetration, a person who knowingly and intentionally fails to make the required report shall be guilty of a Class 1 Misdemeanor.”

Sumby explained who falls under the title of a mandate reporter: Individuals 18 years and older who are associated with, employed or volunteer with a public organization responsible for the care, custody, or control of children as well as day care, private sports organization or team; public or private day camps, youth centers, or youth recreation programs and public or private institutions of learning. This also includes camp counselors, clergy, lifeguards, coaches as well as scout leaders and those in the medical profession. A complete list of specific mandate reporters can be found in regulation Code of Virginia § 63.2-1509.

There has been a specific change for volunteers with this new regulation. Sumby said, “Volunteers are responsible for reporting suspected abuse or neglect within 24 hours. These responsibilities are new because before the change in the code, volunteers were allowed 72 hours to make the report.”

“The general public is encouraged to report as soon as possible, but is not fined when they do not report,” she said.

She said, “Physical abuse occurs when a caretaker creates or inflicts, threatens to create or inflict, or allows to be created or inflicted upon a child a physical injury by other than accidental means or creates a substantial risk of death, disfigurement or impairment of bodily functions, including, but not limited to a child who is with his parent or other person responsible for his care.”

Sumby explained the process , saying, “The information is taken and screened to determine if the report meets the criteria for a valid report. There are four criteria that must be met. 1. Child must be less that 18 years of age. 2. Child must reside in this jurisdiction. 3. Alleged abuser must have been in a caretaker role. 4. Allegations of abuse or neglect are made.” She added, “After determining that the allegations have met all criteria, the case is assigned to an investigator with a determined response time. The response time is determined by the details of the report.”

PWC Social Services has three response times, which are,  responding within four hours, responding within 24 hours or responding within 48 hours. “The assigned investigator will begin the investigation within the response time to determine if the child is safe, or if the child is at risk in any way. Investigators are doing ongoing assessing throughout the investigation to ensure the safety of the child. The complete investigation should be completed within 45 days or in some circumstances the time is extended in order to complete the investigation. At that time a disposition will be determined as to whether the child has been abused or neglected,” said Sumby.

According to Sumby, school staff follows the same process; however each school has determined who will contact the hot line from its school. It must be noted schools are required to report within 24 hours.

PWCS have worked closely with CPS over the summer as the new regulation was going into effect.  Phil Kavits, Communication Director for PWCS, explained, “We make a robust effort to let everyone be aware of the rules and responsibilities in reporting concerns.  We take it very seriously to prevent any abuse or neglect, and we want our staff to report any concerns immediately to either their principals or building designee. Teachers receive communications about the issue through the Staff Communicator and through their principals or counselors.  All new incoming staff members receive training online and are required to complete it.”
People should report any suspected abuse to Prince William County Local Child Protective Services at 703-792-4200 or the State CPS hot line contact number, which is 1-800-552-7096.