Definitions

Sexual abuse. The term sexual abuse is used when

• the perpetrator is the child’s parent, guardian, or caretaker; or an adult family member or household member, or

• there is medical evidence or indication of sexual abuse but no indication of perpetrator identity.

A caretaker is an individual in whose care a biological or adoptive parent or legal guardian has left a child on an extended basis, and who exercises parental authority in the capacity of a guardian.

Cross references for above: See Operational Definitions, 34-2-7

Sexual assault . For the purposes of this policy, the term sexual assault is used when the perpetrator is someone other than those listed above.

Cross reference: See examples in Policy 33-6-18.

Sexual activity between children. See table, page 4 of this policy.

Reporting Sexual Abuse or Assault to the Police

All allegations of sexual abuse or sexual assault of a child shall be reported to the police, regardless of whether or not the report is accepted for DCF protective services investigation.

If the allegation of sexual abuse or assault does not indicate where the incident occurred, notification shall be given to the police department in the jurisdiction where the child resides.

Cross-Reference: 33-6-18, "Notification to State or Local Police".

Reporting Sexual Activity Between Children to the Police

Sexual activity between children is reported to the police when the behavior

• constitutes a sexual assault of one child by another child
  or
• exceeds age or developmentally appropriate norms.

Note: If uncertain, the worker shall consult with his/her supervisor.

Examples of incidents between children which must be reported to the police include, but are not limited to:

• acts of penetration (includes vaginal, anal, penile, digital, foreign object)
• oral/genital contact
• threats of harm associated with any type of sexual contact
• incidents involving multiple children
• sexually transmitted disease.

The table below describes the criteria for Hotline acceptance of a report for a protective services investigation of sexual abuse or assault, neglect, or in danger of abuse.

Allegation/Behavior

Accept as...

Criteria for Acceptance

Sexual Abuse

Sexual Abuse

Shall be accepted if

• the incident involves a child and the child’s parent, guardian, or caretaker; or adult family member or household member, or

• there is medical evidence or indication of sexual abuse but no indication of perpetrator identity.

Validation of Sexual Abuse by Perpetrator With Access to Other Children

In Danger of Abuse

When there has been a validation of sexual abuse of one child and the perpetrator has access to other children within or outside of the victim’s family, a report may be accepted as in danger of abuse pertaining to those other children.

• the incident involves a child and any person other than the child's parent, guardian, or caretaker, or adult family member or household member, and
• there is an allegation of neglect by the person responsible for the child's care which resulted in the sexual assault.

Shall be accepted as neglect if

• there is an allegation of neglect on the part of the person responsible for the child victim which resulted in the sexual assault.

or

May be accepted as in danger of abuse if

• the child victim and perpetrator are members of the same family or household.

Neglect, if

• there are current indications of abuse or neglect of the adolescent perpetrator.

In danger of abuse, if

• there is a protective service history of sexual abuse within the adolescent perpetrator's family
• there are younger children in the adolescent perpetrator's family residing in the home.

Description of this type of behavior:

• the sexual activity exceeds age or developmentally appropriate norms
• one or both children indicate a knowledge of sexual behavior exceeding age or developmentally appropriate norms
• there is some indication of force or power by one child over the other
• the sexual activity is between siblings, family or household members.