Chapter 2 - Child Abuse Prevention Treatment Act (CAPTA) Policy CAT Slides

Transcription

1 Slide 1 - Welcome Welcome to the Indiana Department of Child Services (DCS) online training session. This session will provide you with an overview of Child Abuse Prevention Treatment Act (CAPTA) policies. This act gives alleged perpetrators the right to request an Administrative Review of the CA/N substantiations. This training is intended to provide a high level overview of the sections covered. Therefore, it will be imperative for you to read all of the chapter sections in their entirety. Page 1 of 23

2 Slide Requests for Administrative Review DCS recognizes the right of each alleged perpetrator to request an Administrative Review of the CA/N substantiations. Chapter 2, Section 1 is an overview of Requests for Administrative Review. Page 2 of 23

3 Slide Requests for Administrative Review DCS will send the perpetrator the Notice of Child Abuse and/or Neglect Assessment Outcome and Right to Administrative Review form and a copy of the redacted Assessment of Child Abuse and/or Neglect form or 311 within ten days that the assessment is approved. If the perpetrator would like to appeal the substantiation, the Administrative Review form must be sent to the DCS local office within 33 calendar days of the date that the Notice of Child Abuse and/or Neglect Assessment Outcome and Right to Administrative Review form was mailed. Page 3 of 23

4 Slide Requests for Administrative Review DCS will not conduct an administrative review if a Child in Need of Services (CHINS) petition has been filed, until after the court has ruled on the petition. Furthermore, DCS will not hold a review until the court has ruled on the criminal charges or juvenile delinquency charges. DCS will not have an administrative review if an informal adjustment (IA) has been filed and the court has not ruled on the IA. It is important to note that if a CHINS petition results in adjudication of CA/N by the person who requested the review, the request for Administrative Review will be dismissed. Lastly, the administrative review will be dismissed if the perpetrator is convicted of any charges based on the substantiated CA/N. Page 4 of 23

5 Slide Administrative Review Process Chapter 2, Section 2 - Administrative Review Process. An Administrative Review is a process in which the alleged perpetrator has the opportunity to have a review of the assessment. This review will be completed by a DCS staff member that was not connected to the case. The alleged perpetrator can present information at the review to see if the substantiation should be upheld. Page 5 of 23

6 Slide Administrative Review Process DCS requires that the Administrative Review process is completed by one of the following from the county or region responsible for the assessment: DCS Local Office Director DCS Local Office Deputy Director The Regional Manager The Local Office Division Manager; or The Child Protection Team (CPT) Page 6 of 23

7 Slide Administrative Review Process The objectives of the Administrative Review process are: To determine if the assessment presented provides sufficient evidence and supports the conclusion to substantiate the allegations To provide an opportunity for the alleged perpetrator to submit documentation relating to the allegations substantiated that the perpetrator believes may make the substantiation inappropriate To provide an internal review of the assessment by DCS; and To comply with due process mandates that the agency gives a perpetrator the opportunity to challenge substantiations. An administrative review is one step in due process prior to an administrative appeal. Page 7 of 23

8 Slide Child Care Workers Assessment Review Process Chapter 2, Section 3 - Child Care Workers Assessment Review (CCWAR) Process applies to both child care workers and licensed resource parents. Page 8 of 23

9 Slide Child Care Workers Assessment Review Process DCS defines child care worker as a person who has or will have direct contact with children through the course of employment with any of the following Agencies that provide services to or for victims of CA/N: Child care centers Child care homes Child care ministries LCPAs Juvenile Detention Centers Facilities that provide residential care Agencies that are contracted service providers for DCS It is important to note that this policy does include resource parents. Page 9 of 23

10 Slide Child Care Workers Assessment Review Process The CCWAR applies whether or not the allegation includes actions taken within the scope of employment or license as a resource parent. The alleged child care worker or resource parent alleged perpetrator can participate in the CCWAR as an opportunity to present any information that they feel could assist DCS in making an accurate decision. The Review is an informational meeting only and no official recording will be made of the meeting. The CCWAR will occur regardless of the attendance of the alleged perpetrator. This review will occur prior to supervisory approval of the assessment finding. Page 10 of 23

11 Slide Child Care Workers Assessment Review Process DCS requires that the CCWAR is completed by one of the following from the county or region responsible for the assessment: DCS Local Office Director DCS Local Office Deputy Director; or The Regional Manager Page 11 of 23

12 Slide Child Care Workers Assessment Review Process DCS will notify the child care worker or resource parent perpetrator in writing of the assessment finding and their appeal rights regardless of whether or not there was participation in the CCWAR. DCS will also notify the employer or the appropriate licensing unit or agency within two business days of substantiation by sending the Notice of Substantiation of Child Abuse and/or Neglect by Child Care Worker form. Page 12 of 23

13 Slide Assessment and Review of DCS Staff Alleged Perpetrators Chapter 2, Section 4 covers the Assessment and Review of DCS Staff Alleged Perpetrators. Page 13 of 23

14 Slide Assessment and Review of DCS Staff Alleged Perpetrators DCS requires that any DCS employee being assessed as an alleged perpetrator of CA/N will notify either their Local Office Director or their Work Unit Manager, within one business day of learning of the assessment. An employee who fails to notify the appropriate individual may be subject to disciplinary action up to and including termination. Page 14 of 23

15 Slide Assessment and Review of DCS Staff Alleged Perpetrators If a FCM learns that an alleged perpetrator is a DCS employee, the assessing FCM will notify within one business day the employees regional manager, local office director, or the DCS human resource office and will document that these individuals were notified. Page 15 of 23

16 Slide Assessment and Review of DCS Staff Alleged Perpetrators DCS will restrict access to ICWIS records that pertain to DCS employees. Any record regarding an employee will be held confidential. DCS will not allow the alleged perpetrator employee to have direct contact with the children and families that DCS serves until after the administrative review is completed. The alleged employee perpetrator will be notified by the employee s Regional Manager, DCS Local Office Director, or DCS human resource office within one business day if the decision is to place the alleged employee perpetrator on desk duty. The alleged employee perpetrator may be reassigned or may be placed on emergency suspension during this time. Page 16 of 23

17 Slide Assessment and Review of DCS Staff Alleged Perpetrators DCS will require that an administrative review be conducted of all substantiated assessments of alleged employee perpetrators. This review must be completed within ten business days of the substantiation. DCS will notify the alleged employee perpetrator the same day as the review of the decision by sending the Notice of Administrative Review Decision and Right to Administrative Appeal form. The administrative review team conducting reviews of alleged employee perpetrators will consist of the employee s Deputy Director or designee, a DCS human resource representative, and a Regional Manager or Work Unit Manager. Page 17 of 23

18 Slide Administrative Appeal Hearings Chapter 2, Section 5 is a brief review of Administrative Appeal Hearings. Administrative Appeal Hearings are an opportunity for an appellant to appeal the substantiation of CA/N. Page 18 of 23

19 Slide Administrative Appeal Hearings If requested, the administrative appeal hearing will occur following the administrative review and the child care worker administrative review. DCS will require that all requests be made using the Request for an Administrative Appeal Hearing form. The request must be received by the DCS Central Office within 33 days from the date listed on the Notice of Administrative Review Decision form. The hearing will be held within 90 days of the date the request is received by Central Office. The DCS Appeal unit will notify the appellant and the DCS local office in writing 10 days in advance of the hearing. DCS recognizes that the appellant has the right to bring witnesses and/or their legal counsel with them to the hearings. Page 19 of 23

20 Slide Administrative Appeal Hearings DCS will not conduct an administrative appeal hearing if a CHINS petition has been filed. Any request received for a hearing will be stayed due to the pending CHINS. Stayed is when the hearing is suspended or put on hold until the results of another action are known. During the stay, the substantiation will remain on the Child Protection Index (CPI). DCS will also not conduct an administrative appeal if criminal charges or juvenile charges have been filed on the same facts and circumstances in which the report of CA/N was substantiated. The administrative appeal will be stayed until the court has ruled on the charges. The hearing will be dismissed if the alleged perpetrator is convicted. Lastly, DCS will not have an administrative hearing if an informal adjustment has been filed. Page 20 of 23

21 Slide Administrative Appeal Hearings If an administrative appeal hearing has been stayed, DCS will reactivate the perpetrators right to have an administrative appeal if the perpetrator notifies the DCS local office of their desire to continue with the appeal. In order for the appeal to be reactivated, the perpetrator must provide an official court document reflecting that the issues relating to the same facts and circumstances have been resolved. Lastly, it is important to note that the perpetrator must notify the DCS local office within 30 days of the courts action. Page 21 of 23

22 Slide Administrative Appeal Hearings The DCS Administrative Law Judge (ALJ) will issue a written decision within 15 days for child care workers, resource parents, or DCS employees, and within 30 days for all other perpetrators. The ALJ s decision will be the final decision of DCS regarding the classification of the DCS assessment and report. Page 22 of 23

23 Slide 24 - Congratulations Congratulations! You have completed the CAPTA Computer Assisted Training. If you have any additional questions regarding these policies, please contact your Supervisor, Director, or Regional Manager. You can also policy at DCSPolicy@dcs.in.gov. Page 23 of 23