Quick Study

Understanding Child Welfare Law in Washington DC

***NOTICE: Website for Informational Purposes Only, Not Providing Legal Advice.
At BLACK CHILD WELFARE, we strive to provide accurate and pertinent information to our readers.

Where to Report child abuse and neglect in washington DC

CFSA (Child and Family Services Agency) takes reports of child abuse and neglect 24 hours a day, seven days a week at (202) 671-SAFE or (202) 671-7233.

Your call to the District hotline is confidential. When you call, a trained hotline worker will ask you for:

• The name, address, age, and gender of the child.

• Who is caring for the child and whether other children live in the home.

• The nature and extent of the abuse or neglect, as you know it—and any previous abuse or neglect you know about. 

• Any additional information that may be helpful.

Signs of Child Abuse and Neglect - https://cfsa.dc.gov/publication/signs-child-abuse-and-neglect

How to Respond to an Abused Child - https://cfsa.dc.gov/publication/how-respond-abused-child

What happens after a report - https://cfsa.dc.gov/publication/what-happens-after-report

REporting Child Sexual Abuse

Anyone over age 18, (Child Sex Abuse Reporting Amendment Act), must notify authorities when he or she knows or suspects the following abuses of a child in the District.

Sexual Abuse (D.C. Official Code § 22-3001 et seq.) includes sexual acts and behaviors with a child under age 16 by an adult or person at least four years older than the child. In general, acts and behaviors that constitute sexual abuse in this context include penetration, oral sex, and clothed or unclothed touching of private parts. Intent to abuse, humiliate, harass, degrade, or arouse is also part of the definition.

***Pedophilia, adult-child incest, and adult molestation of a child are sexual abuse. However, the exploration that may take place among children at certain developmental stages (“playing doctor”) and teen sex are not sexual abuse as long as the parties involved are within four years of the same age and all are participating willingly.

Sex trafficking (DC Official Code § 22-1834) and prostitution (DC Official Code §22-2704) of minors are sexual abuse. It is sexual abuse for an individual or business to recruit, entice, harbor, transport, or provide children under age 18 to engage in “commercial” sex acts—basically selling children as sexual partners.

A sexual performance that uses minors (DC Official Code § 22-3102) is sexual abuse. It is unlawful for an adult to use a minor (under age 18) to promote a sexual performance or to produce, direct, possess, or distribute sexual performances involving minors. The performance can be live or captured electronically (photographs, video, or film).

At the same time, the law does not seek to criminalize certain behaviors of minors that may be unwise—but also increasingly common. Youth sharing of nude or otherwise explicit still or moving pictures with others (“sexting”) is not sexual abuse as long as all the minors are within four years of the same age and all those participating have consented to the transmission.

How to Report

Anyone who knows or suspects that a child is being sexually abused must personally call the Metropolitan Police at 911 or Child and Family Services Agency at 202-671-SAFE (202-671-7233). There is no “wrong door” because police and child welfare investigate allegations of child sexual abuse jointly. Callers should provide as much of the following information as possible:

• Name, gender, age and address of the child victim; siblings and other children in the household who may be at risk; and the person committing the abuse.

• Nature and extent of the sexual abuse.

• Any additional information that will assist in investigating the report of child sexual abuse. The law strictly protects the identity of people who report child abuse or neglect to CFSA.

Penalties for Failure to Report

Any person over age 18 who knows or suspects that a child is being sexually abused in the District but fails to report is subject to a civil fine up to $300. The penalties are more severe for mandated reporters who fail to report child sexual abuse: up to a $1,000 criminal fine or imprisonment of up to 180 days or both.

Mandated Reporter- https://cfsa.dc.gov/service/mandated-reporter-training

CPS Investigation Brochure

Information retrieved from https://cfsa.dc.gov/

IMPORTANT THINGS TO NOTE

Chapter 13. Child Abuse and Neglect. Subchapter I. Prevention of Child Abuse and Neglect.§§ 4-1301.01 – 4-1306.01

WHEN A REPORT IS RECEIVED FOR SUSPECTED CHILD ABUSE OR NEGLECT, THE AGENCY DETERMINES IF THE CHILD IS AT IMMEDIATE RISK OR IF A FAMILY ASSESSMENT SHOULD TAKE PLACE

• A Family assessment is voluntary, however, if during the family assessment it is determined the child/ren is at immediate risk, it can be re-referred for an investigation and the procedure for investigation will be followed.

• The family assessment shall commence as soon as possible, but no later than 5 days after the Agency’s receipt of the report, and shall include seeing the child and all other children in the household within that 5-day period; provided, that the report does not involve a child who is at imminent risk of or has experienced abuse or neglect that the Agency determines to be severe, in which case the report shall be referred for investigation.

• The investigation shall commence:

  (1) Immediately upon receiving a report of suspected abuse or neglect or a referral for investigation following a family assessment indicating that the child’s safety or health is in immediate danger; and

  (2) As soon as possible, and at least within 24 hours, upon receiving any report or a referral for investigation following a family assessment not involving immediate danger to the child.

  (c) The initial phase of the investigation shall:

  (1) Be completed within 24 hours of its commencement;

  (2) Include notification and coordination with the Metropolitan Police Department when there is indication of a crime, including sexual or serious physical abuse; and

  (3) Include:

  (A) Seeing the child and all other children in the household outside of the presence of the caretaker or caretakers;

  (B) Conducting an interview with the child’s caretaker or caretakers;

  (C) Speaking with the source of the report;

  (D) Assessing the safety and risk of harm to the child from abuse or neglect in the place where the child lives;

  (E) Deciding on the safety of the child and of other children in the household;

  (F) Deciding on the safety of other children in the care or custody of the person or persons alleged to be abusing or neglecting the child;

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Grandparent and Close Relative Caregivers Pilot Programs.

• Subchapter I. Grandparent Caregivers Pilot Program.§§ 4-251.01 – 4-251.07

• Subchapter II. Close Relative Caregivers Pilot Program.§§ 4-251.21 – 4-251.27

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