Law Enforcement, Human Services and Schools Partnering to Keep Kids Safe

Transcription

1 Law Enforcement, Human Services and Schools Partnering to Keep Kids Safe

2 The History of Partnership between Denver Police Department, Denver Department of Human Services Presented by : and Denver Public Schools Sgt. Steven Clayborn Denver Police Department Korey Elger, MSW Denver Department of Human Services, Intake Supervisor Sarie Patterson, LCSW, MSW Denver Public Schools, Mental Health & Assessment Services

3 Where the agencies were In 2007, there was a highly publicized child fatality Causing the agencies to blame each other for the child s death A meeting was held with Denver Public Schools and Denver Department of Human Services to address escalating tension The meeting did not go well and added to the tension and stress between the agencies

4 Where we were as agencies Cont. In 2008, a Denver Public school principal was arrested and tried for failure to report student to student sexual assault The trial cost the school district over $60,000 to defend the principal The principal was acquitted of the charge The District Attorney s office stated that they would continue to enforce the - Child Protection Act that requires mandatory reporting

5 What occurred to try and mend the relationships A meeting was held with representatives from: Denver Police Department Denver Department of Human Services Denver Public Schools And the District Attorney s office

6 Working together The meeting resulted in the determination that all of the agencies needed to work together to repair relationships and to provide a better response to the child abuse/child neglect reports, and the investigations to keep kids safe

7 The plan of action Denver Department of Human Services funded three Denver Public Schools Child Protection School Social Worker positions: To investigate child abuse and child neglect allegations regarding students from Denver Public Schools To provide child protection consultation to Denver Public School personnel and community partners To provide consultation to Denver Department of Human Services regarding DPS policy and procedures Denver Police worked closely with the Child Protection School Social Workers to address criminal child abuse investigations

8 Moving forward with plans of collaboration In October of 2009, the Denver Public School Board of Education mandated that all Denver Public School Personnel complete the child abuse/child neglect mandated reporter training annually The first year, the Child Protection School Social Workers completed face to face training sessions at all school sites The training is now available online: At the Denver Public Schools, Mental Health & Assessment Services web site All DPS employees, charter schools, and community partners have access to the training

9 Moving forward with plans of collaboration The Child Protection School Social worker s role evolved to Child Protection Liaisons between Denver Public Schools, Denver Department of Human Services and Denver Police Department In collaboration with the Denver Department of Human Services and the Denver Police Department, Denver Public Schools created the Student Safety Procedures and Mandated Reporting Bulletin The bulletin is DPS policy and procedure that specifies that all school staff are mandated reporters, defines what (child abuse, child neglect, child endangerment, physical and sexual assault) should be reported,and who to report to

10 As legislation moves Colorado Children's Code (1)(a) The judicial department or any agency that performs duties and functions under this title with respect to juvenile delinquency or dependency and neglect cases or any other provisions of this title may exchange information, to the extent necessary, for the acquisition, provision, oversight, or referral of services and support with the judicial department or any other agency or individual, including an attorney representing state or county agencies and an attorney appointed by the court, that performs duties and functions under this title with respect to such cases. In order to receive such information, the judicial department, attorney, or agency shall have a need to know for purposes of investigations and case management in the provision of services or the administration of their respective programs. The judicial department or the agencies shall exchange information in accordance with paragraph (b) of this subsection (1). (b) The judicial department, an agency, an attorney representing an agency, or an attorney appointed by the court described in paragraph (a) of this subsection (1) shall exchange information with the judicial department or similar agencies or individuals who have a need to know to the extent necessary for the acquisition, provision, oversight, and referral of services and support and if provided in the course of an investigation or for case management purposes. (2)(a) School personnel may obtain from the judicial department or agencies described in paragraph (a) of subsection (1) of this section any information required to perform their legal duties and responsibilities. Said personnel shall maintain the confidentiality of the information obtained. (d) School and school district personnel receiving information pursuant to this subsection (2) shall use it only in the performance of their legal duties and responsibilities and shall otherwise maintain the confidentiality of the information received. Any information received by a school or a school district pursuant to this subsection (2) that is shared with another school or a school district to which a student may be transferring shall only be shared in compliance with the requirements of federal law.

11 An Example of Partnership Presented by: Donna J. Shocks MSN, CNS, RN, Manager Department of Nursing & Student Health Services Alternative Placement Services Program Healthy Schools Team A Division of Student Services

12 Student Case Scenario 1. Mother of student X registered him at the beginning of the school year, but said he would not be starting classes at school due to an upcoming surgery in mid- September. 2. Principal tried unsuccessfully to encourage mother to have student attend until closer to surgery date. Mother then started the application process with school nurse for the Alternative Placement Services Program (APS or Homebound). 3. Parent obtained medical information from X s physician. On 8/23/2012, diagnoses included asthma, allergic rhinitis, eosinophilic esophagitis; severe food allergies and GERD. Oral intake was severely limited and the student had been hospitalized twice due to these conditions. 4. Physician noted that she was unsure as to whether X s condition was temporary or permanent. School nurse noted that the student was allegedly scheduled for g-tube placement and the recovery would be at least six weeks. Currently the student has a nasal gastric tube and he was allegedly embarrassed to be in the presence of his peers. Application was submitted to DPS Manager of Nursing and Student Health Services and the student was approved for a medical leave through 10/24/2012 to receive educational services in the home.

13 Interventions APS teacher tried repeatedly to contact mom to see if X. was well enough to receive services, but mom said that X. was too ill. X. was scheduled to receive 29 hours, the teacher was only able to meet with X. three times or 3 hours. In September, mom said that X. was readmitted to the hospital and she wanted to discontinue services. Near the end of the six week leave, mom presented a request for an extension allegedly from the physician that looked identical to the first request with the date scratched out and a new date entered

14 Interventions A report was filed with Department of Human Services regarding lack of opportunity for the student to receive access to academics and questionable truancy issues APS extension approved through the end of 1 st semester and mom agrees to have services resume *Manager of Nursing and Student Health Services attended a weekly meeting with DHS

15 Interventions The student s grandmother contacted the school and requested that the father be provided with the details of why the student was not receiving educational services. Grandmother also requested that the school provide Father with the details of the student s health condition and details of the student s hospitalization. Mother is the custodial parent listed at the school. FERPA vs HIPAA

16 Outcomes As a result, there was a custody case open and Dad was notified by DHS regarding academics and the student s overall medical history. In November, the district was notified the Dad was granted custody and the student is no longer in DPS. (Child Protection Team) Father was awarded temporary custody of X. and his sibling. Next court date was scheduled for later in the year.

17 Current Focus of Partnership Presented by: Steve Nederveld, LCSW, MSW Program Manager, Mental Health Services Division of Student Services We are the ones we are waiting for!

18 Breaking through Communication Barriers Presented by: Christine Critty McClendon, MA Denver Public Schools Out of District Program Manager Child Welfare Liaison

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23 Administrative Challenges and Presented by: Solutions to Partnering Eldridge Greer, Ph.D. Director of Special Education Mental Health & Assessment Services Division of Student Services Danielle Simpson Legal Assistant Denver Public Schools

24 Crises can result in positive opportunities Denver County had a student event that intersected the school district, human services, the DA office and the police department It spurred these agencies to figure out how to better communicate/coordinate and support each other on behalf of students and families It helped to break down the provincial barriers that had existed for decades between the various organizations

25 The importance of strategic facilitation and collaboration The use of skilled facilitators on organizational/systems was critical Allowing colleagues from all organizations to share the brutal facts, paranoid fantasies and hopes. Balancing the relational and the logical in forging strong partnerships Minimizing partnerships based on personal relationships and/or connections. They invariably fall apart as the players leave the organization

26 Challenges to Partnering The Family Educational Rights and Privacy Act (FERPA) FERPA prohibits school districts from disclosing a student s education records without the written consent of the student s parents Barrier to collaboration in certain situations Misconceptions FERPA misconceptions Inapplicable to disclosures of information derived from personal knowledge or observation and not based on education records

27 Solutions FERPA Exceptions FERPA and the Colorado Open Records Act (CORA) allow schools to disclose education records without parental consent when: There is a health or safety emergency; Allows disclosure to state agencies including the Department of Human Services (DHS) and the Police Department when currently engaged in an investigation The disclosure is to state or local officials and concerns the juvenile justice system; The disclosure is to DHS when acting in loco parentis (in the place of a parent) to the student; A school law enforcement officer (such as a SRO) discloses a law enforcement unit record to a third party; or The disclosure is pursuant to a judicial order or lawfully issued subpoena.

28 Successes Policy-based success FERPA changes Increases our ability to share more information with community partners in certain situations The Colorado Children and Youth Information Sharing Collaborative National Juvenile Information Sharing Initiative Pilot sites in Colorado Commitment to work collaboratively on implementing the Guidelines for Juvenile Information Sharing Goal of removing barriers to information exchange, including misunderstandings about legal constraints Established protocols for information sharing between agencies Possible framework for interagency information sharing protocols

29 QUESTIONS???