A child with sexual behavior problems means a person less than 18 years of age who has allegedly committed sexual abuse against another person less than 18 years of age (K.A.R. 38-2201). Sexual behaviors in youth may be a result of being a victim of sexual abuse or other issues such as impulsivity, social skill deficits, family trauma, etc. With education, support and treatment, children and youth can learn new behaviors that are healthy and safe. Utilizing a family assessment and services approach is intended to identify the child and family’s treatment needs and to assure the safety of children impacted by the child’s sexual behavior. Child sexual behaviors can be a difficult topic of conversation for many families. Families may be naturally defensive and protective of children who have exhibited problem sexual behavior. It is important staff be sensitive to terminology when engaging and working with families in which a child has been identified as having committed an act of sexual abuse against another child. Staff should refrain from using language such as perpetrator and sexual offender, especially when working with the family.
When a report assigned for further assessment with the allegation type of sexual abuse involving a minor alleged perpetrator, the CPS Specialist shall determine if both of the following are present:
This determination is made in accordance with K.S.A. 38-2226, which states a report of child abuse or neglect indicates: (1) That there is serious physical harm to, serious deterioration of or sexual abuse of the child; and (2) that action may be required to protect the child.
First determine whether the identified child/youth engaged in a sexual behavior. Then determine whether the behavior was normal or problematic. The following may be used as guidance:
When a determination is made the child/youth engaged in normal sexual behaviors, information and resources should be offered to the parent/caregiver to provide them with information on how to respond to their child. The National Center on the Sexual Behavior of Youth, Stop It Now, and the Association for the Treatment of Sexual Abusers, and other similar organizations have resources available for parents and caregivers.
Upon making a determination the child/youth has problematic sexual behaviors, the CPS Specialist shall immediately complete PPS 2014 B Referral for Services and refer the child/youth with sexual behavior problems and the family to a child advocacy center or other mental health provider. The PPS 2014 B shall be provided to FACTS staff for data entry.
Additional voluntary services shall be offered, as needed, to the child with sexual behavior problems and such child’s family. If a determination is made this family may need DCF services, a FINA Child with Behavior Problems report shall be made to the Kansas Protection Report Center.
If the minor alleged perpetrator’s family chooses not to participate in services and a determination is made the child is at high risk for future sexual behavior problems (consider whether the minor alleged perpetrator has prior affirmed or substantiated sexual abuse, allegations of multiple incidents, serious sexual behaviors, significant difference in age with the alleged victim, involves force and coercion) a FINA Child with Behavior Problems report shall be made to the Kansas Protection Report Center.
The FINA Child with Behavior Problems assignment includes further assessment of the identified child and family and attempts to engage the family in services for the Child with Sexual Behavior Problems. If the family continues to chooses not to participate in services and the FINA assessment determines the Child with Sexual Behavior Problems is at high risk for future sexual behavior problems, the CPS Specialist and PPS Supervisor shall determine appropriate intervention which may include a referral to the county/district attorney for court intervention.
Documentation
The CPS Specialist shall document:
Offers by the department to provide voluntary services (PPS 1010 Social Service Case Activity Log);
The reason these services are important to reduce the risk of future sexual behavior problems by the child; (PPS 2020 Kansas DCF Assessment may guide this decision)
Whether services were accepted and provided (PPS 2030F Family Based Assessment Summary); and
The outcomes for the child and family (PPS 2030F Family Based Assessment Summary).