Reporting Child Abuse & Neglect in Alaska
1/24/05
All of the information compiled on this page is public information
taken from pamphlets/booklets and fliers available from community
services.
We have given credit to whomever released/produced the information.
If you have some worthwhile information from a similar resource
please
e-mail us at Resources@RIDAlaskaofChildAbuse.
THE INDICATORS in this pamphlet do not necessarily mean child abuse or neglect is going on in a family. If you have cause to suspect abuse or neglect, however, a sensitivity to these indicators can provide useful information.
Included in this pamphlet is a list of those who are required by law to report known or suspected child abuse and neglect. Others in the general public are also encouraged to report such knowledge or suspicions so that children can be protected and families can receive help.
Reporting Child Abuse & Neglect in Alaska
We are all responsible for the welfare of the children in our communities. You are encouraged to report instance of know and suspected child abuse and neglect.IN RESPONSE to the crucial need for intervention in child abuse and neglect cases, Alaska, like all other states, requires by law* that certain groups of people formally report confirmed and suspected child abuse and neglect. Groups who must report include individuals who are most likely to be in contact with children under the age of 18, and who, therefore, are most likely to see and hear important clues about instances of abuse and neglect.
Who are mandated reporters ?
THE FOLLOWING PERSONS who, in the performance of their professional duties, have reasonable cause to suspect** that a child has suffered harm as a result of abuse or neglect, must immediately (as soon as reasonably possible-no later than 24 hours) report that information to the nearest office of the state's Department of Health & Social Services, Office of Children's Services:
*Alaska Statutes 47.17
**"Reasonable cause to suspect" means cause, based on all the facts and circumstances known to the person, that would lead a reasonable person to believe that something might be the case.
What are child abuse & neglect ?
STATE LAW DEFINES child abuse or neglect to include the following actions by those responsible for a child's welfare:
ESTIMATES INDICATE that over two million children are abused or neglected each year in this country alone. In 1989, at least 1,200 and perhaps as many as 5,000 children died as a result of child abuse or neglect, and over 160,000 were seriously harmed.* Professionals estimate that one out of every four girls and one out of ten boys will be sexually abused before they reach 18.**
Any child can be the victim of abuse or neglect, including:
Who are the abusers ?
ANYONE can be a child abuser:
CONTRARY to what people may think, a person who abuses a child is usually not someone with a severe psychiatric disorder. They may have emotional problems which increase their potential to abuse, but usually, they are indistinguishable from anyone else. In fact, in many instances, a person who abuses is a normal person whose stress levels have reached a crisis point.
Parents Anonymous, Inc., the self help organization for abusing parents, has identified a number of characteristics of parents who may be at "high risk" to abuse. These indicators, especially when coupled with clues from a child's comments, behavior and/or appearance, can be very useful. Some of these indicators are:***
** Sexual Assault Center, Harborview Medical Center, "Sexual Abuse of Children-The Offender," October 1980.
*** Parents Anonymous, Inc., "Child Abuse is Scary," 1977.
**** Adapted from Jane Ramon, M.S.W., "Indicators of Child Sexual Abuse," 1984.
Children's indicators of abuse or neglect
THE FOLLOWING are excerpts from a more detailed list of indicators compiled by the government of British Columbia, the Ministry of Education, Science & Technology. *
There are some additional children's indicators that have often been identified with child sexual abuse. Those include:**
**Adapted from Jane Ramon, M.S.W., "Indicators of Child Sexual Abuse", 1984.
What should I do if I know or suspect ?
IF YOU ARE AWARE of or have a reasonable suspicion of the existence of abuse or neglect, even if you are not a mandated reporter, you are urged to report that information to the nearest office of the Department of Health & Social Services, Office of Children's Services. At the very least, talk to someone you trust about the situation-a teacher, an elder, public health nurse, health aide or staff of a domestic violence shelter, for example. It is essential that you take some action to protect the child from further harm. A child's physical and emotional well-being, even that child's life, can be at stake.
It is not your responsibility to determine whether your suspicions are correct, or to investigate those suspicions.*
If you cannot contact the nearest office of the Office of Children's Services for any reason, and immediate action is necessary for the well-being of the child, make your report to a police agency. An officer will then take immediate action to protect the child and, at the earliest opportunity, will notify the nearest office of the Office of Children's Services.
There may be times when you wonder whether something constitutes abuse or neglect, or if your suspicions are adequate to warrant reporting. Please feel free to contact the Office of Children's Services office nearest you (addresses and phone numbers are in this brochure) to discuss those questions-anonymously if you prefer. Often such a discussion can make your next move-to report or not-much clearer.
*"It is not the intent of the legislature that persons required to report suspected child abuse or neglect under this chapter investigate the suspected child abuse or neglect before they make the required report to the department."-Alaska Statutes 47.17.010.
How does the system work and what is my role ?
WHEN YOUR REPORT, you can discuss with a division social worker the advisability of telling the parents that your have reported. In some cases, telling them why you've reported may be helpful. As Parents Anonymous, Inc. points out, "as the reporting person, you are the first link in the chain of rehabilitation for the family. How you relate to the family can be the conditioning factor for how they perceive those who will follow in the helping process. your attitude can make the difference between a family that expects and accepts help and on that is defensive and hostile...It helps to realize that abuse may be a plea on the part of the parent for help."*
There may be times, however, when you do not want the parents to know that you've reported. In such a case, let the agency to whom you report know that your name is not to be given to the parent in question. Or report anonymously. The important thing is to report. The division may be unable to take appropriate action without your help, and you may be asked later if you are willing to relinquish anonymity.
The Office of Children's Services must, by law, investigate all reports of suspected child abuse or neglect. If the agency find that the report is unfounded and the family is not in need of services, that will end the investigation. If, however, the social worker believes that the child is in need of protective services (and that the family is in need of services), a program on in-home support services can be determined to help stop the abuse or neglect, including protective day care, individual and family counseling, and homemaker support. If the social worker determines that the child is in need of emergency protection, the worker can immediately take custody of the child and remove the child to a place of safety. That is a temporary placement. Foster placement or permanent out-of-home placement and termination of parental rights can be done only through court action.
It is important to keep in mind that in most cases, such extreme actions are not required.
If you have reported abuse or neglect and want to know if action has been taken on the case, you can contact the division office for verification. Depending upon you role with the family, the division may only be able to give you very limited information. It is important to remember that in information you have learned about a family or individual in the course of your duties relating to the reporting of know or suspected abuse is confidential and you may not disclose it to other parties.
*Parent Anonymous, Inc., "Child Abuse is Scary",1977
What is my legal liability ?
ACCORDING TO STATE LAW, a person who, in good faith, makes a report, permits an interview under 47.17.027, or who participated in judicial proceeding related to reports submitted is immune from any civil or criminal liability which might otherwise be incurred or imposed.
A person required by law to file a report of abuse or neglect who willfully or knowingly fails or refuses to do so is guilty of a class B misdemeanor.
The division is committed to keeping children safe and to keeping families together when that is possible...
IT IS OFTEN POSSIBLE to work with the family to help them solve their problems. It isn't easy, but people can change.
If you know about or have a reasonable suspicion of child abuse or neglect, report it within 24 hours to the office of the Office of Children's Services nearest you. Following are addresses and phone numbers for offices of the Office of Children's Services.
Alaska's OCS Addresses & Phone Numbers list. This is a link directly to our Alaska state directory.
IF FOR ANY REASON you cannot reach the
appropriate
office to make a report, call 1-800-478-444. Remember, if a child is in
imminent danger and you are unable to reach the division immediately,
contact
a local law enforcement agency.
State of Alaska
Department of Public Safety
Sex Offender Central Registry
January 2, 1996, Alaska Stature Section 12.63.010 was implemented. It requires that "a sex offender who is physically present in the state shall register as provided in this section."
This pamphlet addresses the basics of the statute and is intended to be helpful to those who wish to know about the new law.
Regulations were adopted by the Department and specify how the new law is implemented. If you want more information, phone the Alaska State Permits and Licensing Section, Sex Offender Central Registry in Anchorage at 258-8892. If you are outside Anchorage and in Alaska, call toll-free 1-800-658-8892.
Q: Who must register ?
A: All sex offenders must register, unless the person had been convicted of a single sex offense and was unconditionally discharged before July 1, 1984.
Q: What is a sex offender ?
A: A sex offender is a person convicted of a sex offense in Alaska or in any other jurisdiction.
Q: What does "unconditional discharge" mean ?
A: It means the person has been released from all requirements of their sentence including probation and parole.
Q: When must a sex offender register ?
A:
A: At the Alaska State Trooper post, Fish and Wildlife Protection post, or municipal police department nearest the person's residence.
Q: Can the person register by mail ?
A: The initial registration must be done in person. A change of address or an annual registration may be done by mail.
Q: How is the registration done ?
A: By filling out a simple one page form, being fingerprinted and photographed.
Q: Is there any charge for registering ?
A: No.
Q: Are there any other registration requirements after the initial registration?
A: Yes. A sex offender must register annually within 30 days prior to the sex offender's birthday unless initial registration was completed less than three months before the sex offender's birthday.
Q: What if the sex offender moves ?
A: A written notice of change of residence must be given within 10 days of the change. The person may inform the Department of a change of address either by mail or in person.
Q: How long must a sex offender continue to register ?
A: Throughout the probation/parole period plus:
A: Some of the information is confidential and cannot be released. However a sex offender's name, address, photograph, place of employment, date of birth, crime, date, place and court of conviction, and length of sentence, can be released to any person for any purpose.
Q: Is there a fee for requesting this information ?
A: Yes, there is a nonrefundable $10 fee for a registry search either for individuals or information on sex offender(s) in a specific geographic location.
OFFENSES REQUIRING REGISTRATION
AS A SEX OFFENDER
You are required to register as a sex offender under Alaska law if you have been convicted of the following offenses, attempts to commit these offenses, or similar offenses under the laws of another jurisdiction.
Sexual Assault in the first AS 11.41.410, second AS 11.41.420 and third AS 11.41.425 degree.
Sexual Abuse of a Minor in the first AS 11.41.434, second AS 11.41.436 and third AS 11.41.438 degree.
Incest AS 11.41.450
AS 11.41.455 Unlawful exploitation of a minor, often called child pornography
Distribution of child pornography includes knowingly possessing or publishing any material that involves unlawful exploitation of a minor. AS 11.61.125
Promoting prostitution in the first degree includes:
1. inducing or causing a person to engage in prostitution by force;2. inducing or causing a person under the age of 16 to engage in prostitution; and
3. inducing or causing a person to engage in prostitution if that person is in your legal custody.
AS 11.66.110
Rape under former Alaska law in AS 11.15.120 covered forcible carnal knowledge against a person's will, or consensual carnal knowledge with a person under the age of 16.
Former Alaska law in AS 11.15.134 covered lewd and lascivious acts with a person under the age of 16.
Incest under Alaska law before 1980, AS 11.41.110, covered marrying, cohabiting or intercourse with a close relative.
The former AS 11.41.200 covered the taking of females under 16 years
of age for prostitution or marrying.
This pamphlet is for information purposes only. For a copy of AS
12.63
contact your local Legislative Information Office.