Cuyahoga County Department of Children and Family Services (CCDCFS) Policy Statement

Transcription

1 Cuyahoga County Department of Children and Family Services (CCDCFS) Policy Statement Policy Chapter Investigations Policy Number: Policy Name : Standards for the Investigation of Intake Reports Approved: Richard B. Werner Effective Date: 05/24/1996 Review Date(s): 09/01/2011 Revision Date(s): 09/01/2011, 8/25/2009 PURPOSE: The mandate of Cuyahoga County Department of Children and Family Services (CCDCFS) is to protect children from abuse and neglect. When the Public Children s Services Agency (PCSA) screens in a report of child abuse, neglect, dependency, or families in need of services, there are standards that must be followed during the course of investigation. SCOPE: This policy applies to all CCDCFS social work staff responsible for the assessment/ investigation of reports screened in by the agency. POLICY These standards are reflective of the requirements of the Ohio Administrative Code (OAC) 5101: , , , , and and our beliefs about the best social work practice for children and families. PROCEDURES A. The Hotline staff must thoroughly interview all referral sources and ask follow up questions as necessary. Hotline staff must be supportive of the caller, while gathering as much information as possible. The Hotline staff must check the State Automated Child Welfare Information System (SACWIS) database, along with Family and Children Tracking System (FACTS) and FACTWIS if applicable, in order to determine prior history of the family, including any abuse or neglect records of the parents when they were children. 1

2 B. When the referral source is a legally mandated reporter, the Hotline staff will discuss with the source (and document on the referral form) their wishes for follow-up information at the conclusion of the investigation. Hotline staff will request and document the mandated referral source s address for the referral so that the investigating social worker may complete the required follow-up at the end of the investigation. C. Hotline staff will assign all reports a priority rating of 1, 2, 2 Fast Response, or 3, and the investigation must be initiated within the following prescribed time frames (priority ratings may not be downgraded): a. Priority 1 Attempt face-to-face contact with the alleged child victim within one hour of receipt of the report b. Priority 2 Fast Response Attempt face-to-face contact with the alleged child victim within three hours of receipt of the report c. Priority 2 Attempt face-to-face contact with the alleged child victim within twenty-four hours of receipt of the report d. Priority 3 Attempt face-to-face or telephone contact with a principal of the report or collateral source, who has knowledge of the alleged child victim s current condition and can provide information about the child s safety within twenty-four hours of receipt of the report AND attempt face-to-face contact with the alleged child victim within seventy-two hours from receipt of the report. If there is no known principal or collateral source or if the telephone contact is unsuccessful, an attempt at face-toface contact with the alleged child victim must be made within twenty-four hours of receipt of the report. An activity log must be completed to document the date, time, and with whom the assessment/investigation was initiated. D. The dispatching of an investigating worker to attempt face-to-face contact with the alleged child victim, initiates the investigation process in Priority 1, Priority 2 Fast Responses, and Priority 2 cases. The attempted telephone contact with a principal of the report or collateral source who has knowledge of the alleged child victim s current condition and can provide current information about the child safety, initiates the investigation in Priority 3 cases, only if that telephone contact is successful. E. The investigating worker must note all aliases associated with principals of the case in the case record and in the agency computer system. If there is previous CCDCFS involvement, the assigned worker must request a hard copy of the closed record or view all files electronically. The worker is to review all past history, including any abuse/neglect records of the parents when they were children. 2

3 F. If the investigation indicates a history of involvement in the child welfare system in another county or state, staff must request information from the appropriate agency (jurisdiction) within one working day after the information becomes known. This request must be documented in the case activity log, including the name and telephone number of agency and the individual contacted. G. The investigating worker shall call the referral source first, introduce him or herself, review the report information, and give the source an opportunity to clarify or provide additional information. If the report was assigned as a Priority 1, the worker may need to delay these contacts until achieving the one-hour mandated face-to-face contact attempt with the alleged child victim. H. Law Enforcement Involvement: a) Mandatory Reporting to Law Enforcement: 1. The investigating worker shall notify law enforcement if the report involves a criminal offense against a child, such as, but not limited to: reports involving sexual abuse cases, reports involving inflicted injuries to children which require medical treatment, reports involving a pregnant minor in which the identified father of the unborn child is an adult, reports involving young children left alone at home or in a vehicle, and reports in which a child is living in a home who is exposed to violence, but not the primary victim. 2. The investigating worker shall notify law enforcement if the report involves stranger danger; 3. The investigating worker shall notify law enforcement if the report involves a child that is defined to be deserted as it relates to 5101: ; 4. The investigating worker shall notify law enforcement if the report involves the death of a child in custody. If the information in the report is known and meets the above criteria of mandatory reporting to law enforcement, the investigating worker shall contact the appropriate law enforcement agency having jurisdiction no later than 24 hours from receiving the report from the Hotline. If the facts in the report are initially unknown and later arise during the investigation to meet the above criteria, the investigating worker shall notify law enforcement within 24 hours from the receipt of this information. This should be clearly documented in the case activity log. 3

4 An investigating worker s report to law enforcement should be made by written notification via the SACWIS document entitled Law Enforcement Notification as well as speak with someone via phone or face to face. The investigating worker shall phone the police department district in which the information in the report occurred in an attempt to cross-refer the report. The name and badge number of the officer receiving the information should be recorded and documented in the case activity log. b) Discretionary Requests for Law Enforcement Assistance: The PCSA may request the assistance of law enforcement during an assessment/investigation when one or more of the following situations exist and the reason for contacting law enforcement is documented in the case record: 1. The agency has reason to believe that the child is in immediate danger of serious harm. 2. The agency has reason to believe that the investigating worker is, or will be, in danger of harm. 3. The agency has reason to believe that the crime is being committed, or has been committed against a child. 4. The assistance of law enforcement needs to be invoked in accordance with the County Child Abuse and Neglect Memorandum of Understanding (MOU). Police departments should not be notified via the disposition letter, but may be entitled to feedback if they are the reporting source under the mandated reporting rule. I. If a principal party of the case has a language or any other impairment e.g., deaf or hearing impaired, or developmental delays, or limited English proficiency, that causes a barrier in communication, arrangements for a professional interpreter service will be arranged and utilized for all interviews. J. All children must be interviewed with parental permission, unless exigent/emergency circumstances are present. Exigent circumstances exist when: a) There is credible information indicating the child is in immediate danger of serious harm. 4

5 b) There is credible information indicating that the child will be in immediate danger of serious harm upon return home from school or other locations away from his or her home. c) There is credible information indicating that the child may be intimidated from discussing the alleged abuse or neglect in his or her home. d) The child requests to be interviewed at school or another location due to one of the circumstances listed above. If a worker can not obtain parental consent to interview a child and the worker believes exigent circumstances support an interview of a child without parental consent, then the worker will discuss the situation through the chain of command prior to the interview. If there are any questions regarding the situation, assistance should be sought from the Children and Family Services Unit of the County Prosecutor s Office. K. If an alleged child victim is interviewed without parental consent, then the same day, the investigating worker must attempt a face-to-face contact with the alleged child victim s parent, guardian, or custodian to inform them that an interview of the child occurred. The specific facts necessitating the assessment/investigative interviews of children without parental consent must be documented in the case activity log. If unsuccessful, an attempt to complete face-to-face contact shall occur at least once every five working days until contact is made with the child s parent, guardian, or custodian or until required to make a report disposition. L. If the initial attempted face-to-face contact with the alleged child victim or at minimum one caregiver is unsuccessful, the investigating worker must make at least one additional face-to-face contact attempt within the first four working days from the date that the referral was screened in as a report. The investigating worker shall, at a minimum, continue to make attempts for face-to-face contact every five working days until the ACV is seen or until the investigating worker is required to make disposition/ resolution for the report. M. The nature of the report may require the investigating worker to make more frequent attempts at face-to-face contact. When the worker has been unable to make face-to-face contact with an alleged child victim, they must consult with supervisory staff to determine next casework steps. N. The investigating worker shall complete the Safety Assessment within four working days from the date the report was screened in for assessment/investigation. Once the worker has conducted a face-to-face interview with each alleged child victim and at least one parent, guardian, or 5

6 custodian or a caretaker having routine responsibility for the care of the alleged child victim, the Safety Assessment is to be completed within 24 hours from the time of contact. O. After making two face-to-face attempts within the first four working days from the date the report was screened in, the investigating worker may not able to complete the Safety Assessment, due to the inability to interview each alleged child victim and at least one parent, guardian, custodian, or caretaker having routine responsibility for the care of the alleged child victim. If so, a justification to extend the completion time frame shall be completed by the caseworker and approved by the supervisor and senior supervisor no later than the expiration of the four working day time frame. P. The investigating worker shall document in the case activity log the date, time, and with whom the assessment/investigation was initiated. Q. The investigating worker shall not interview the siblings of an alleged child victim, who themselves were not named as alleged child victims, at school or other locations away from their home without parental permission or the existence of exigent circumstances as outlined in section J. If an alleged child victim provides information during an interview that indicates a sibling might be in immediate danger of serious harm or that the sibling may be able to provide information regarding immediate danger of serious harm to the alleged child victim, the interview of that sibling may then take place. R. Whenever possible, children should be interviewed at a neutral site. The investigating worker must document the location of the interview with each child and the name and relationship to the child of any individual present during the interview. Whenever possible, the investigating worker should interview the children face-to-face, separate from other individuals. If there is a reason that the child could not be interviewed, the investigating worker must document that reason in an activity log. The investigating worker is to complete the appropriate waiver documenting the reason (s) the interview is incomplete. The purpose of the interview is to: a) Evaluate each child s condition b) Determine the safety of each child c) Obtain each child s explanation of the allegations contained in the report S. In every investigation, the investigating worker must ask each family member, including all verbal children for information regarding the identity, current location, and contact information of their father/alleged father. The investigating worker must then make diligent efforts to obtain and clearly document identifying information in SACWIS regarding father/alleged father 6

7 and paternal relatives to facilitate future case planning. The child s noncustodial parent, who holds residual parental rights to the child and maintains an ongoing relationship through visitation with the child and/or payment of child support, must be contacted to determine any concerns for the child s safety and well-being and to gather additional information about the child s paternal relatives. T. The investigating worker will interview all adult household members face-toface, individually, and in a private setting, including persons who may only reside part-time in the home (such as the significant other of adult household members). The investigating worker must interview all adults residing in the home of the ACV and document the following in the case record: a) an assessment of their knowledge of the allegations b) an observation of the interactions between the ACV and the caretaker c) any relevant information regarding the risk to the child U. The investigating worker shall advise the alleged perpetrator of the allegations made against him or her at the time of the initial contact with the person. The investigating worker must specifically tell the alleged perpetrator that he/she has been named as an alleged perpetrator in the report. This initial contact includes the first face-to-face or telephone contact, whichever occurs first, when information is gathered as a part of the assessment/investigation process. This will be documented in the case activity log. V. If the alleged perpetrator is a minor, the child s non-custodial parent, who holds residual parental rights to the child and maintains an ongoing relationship through visitation with the child and/or payment of child support, must be notified of the receipt of the report. W. When the alleged offender of the abuse or neglect is unknown, the investigating worker must ask about other persons who had access to the ACV during the time when the abuse/neglect may have occurred. The investigating worker must also interview each of these persons, and document them in the case activity log. X. If protection is an issue of concern, as indicated by the completion of a Safety Assessment, the investigating worker must consult with his/her supervisor regarding the completion of a safety plan. This is to be done in accordance with agency safety planning guidelines whenever a child is left in the home with the alleged offender or the non-offending parent. If it is determined based upon safety and risk concerns that children must be placed outside their own home the investigating worker and supervisor must 7

8 follow CCDCFS Policy # Case Review Staffing, Policy # Placement into Out of Home Care Settings, Policy # Caregiver Approval for Custody Cases, and # Caregiver Approval for Non- Custody Cases. Y. The investigating worker shall conduct and document face-to-face and/or telephone interviews with any person(s) identified as a possible source of information during the assessment/investigation to obtain relevant information regarding the safety/risk to a child. The investigating worker shall exercise discretion in the selection of collateral sources to protect the family s right to privacy. To protect the confidentiality of the principals of the case, people shall not be interviewed randomly. Z. Requesting School and Medical Information: The investigating worker is not required to obtain medical and school information on every case. Obtaining medical and school records should be dependent as to what is contained in the child abuse/neglect report, as well as, concerns that arise during an investigation. The investigating worker should attempt to obtain a signed release of information from the parent, guardian, or custodian in order to obtain this information and to request written reports of school attendance and medical information, which may be mailed or faxed to the agency. School Directory Information may be obtained without a signed release of information from the parent. Any information that is obtained regarding school attendance or medical conditions should be added to the SACWIS system in both the person profile and in an activity log. AA. The investigating worker must take necessary action to assess safety and risk concerns regarding the child(ren). These actions may include: a) Taking photographs of areas of trauma on the child s body with the consent of the parent. If it is necessary for the child to disrobe in any way, the investigator must ensure that there is another investigator (of the same sex as the child) or preferably a person with whom the child feels safe and comfortable. To effectively document concerns, workers are to take a full body photograph of the child, which must show the child's face and clothing. A close-up photograph of any marks or bruises should then be taken. All photographs taken should be labeled with the child s name and the date of when the photograph was taken. b) Taking photographs of the child s environment with the consent of the parent, guardian, or custodian c) Securing a medical examination or psychological evaluation or both for the child with consent of the parent, guardian, or custodian or with a court order. The investigating social worker must obtain copies of the 8

9 medical records/ x-rays etc. from these examinations for the case records. d) Securing any relevant records, including but not limited to school, mental health, and medical records. BB. In cases where alleged abuse or neglect has resulted in physical harm or injury to a child, the investigating worker must view the scene and walk through the process of how the injury or harm allegedly occurred. The investigating worker must then make a determination of whether the explanation is consistent with what was observed. If possible, evidence should be gathered in an attempt to determine mode of injury. CC. Alcohol and Substance Abuse Reports: An allegation of substance abuse in and of itself does not warrant requesting a drug and alcohol assessment. Staff must consider current indicators and prior history of substance abuse when determining whether to refer a client for an assessment is appropriate. Current indicators may include, but are not limited to, admission of substance abuse, a child s report of caretaker s use and/or observation of drugs/paraphernalia. It is also to be noted that at NO time, is it acceptable to refer a client for drug/alcohol screen in place of an assessment. If there is a current report of substance abuse and indicators are present, including substance abuse history that has impacted a child(ren) s safety or care, the investigating worker is required to request the client to complete an assessment. If the client refuses to comply with the request for a drug and alcohol assessment, this should be documented in an activity log in SACWIS. DD. An investigating worker must request assistance from the county prosecutor or the court when refused access to the alleged child victim or records required to conduct the investigation. If during any investigation, the investigating worker experiences difficulty in locating the family or gaining access to the child(ren) for interviewing and observation purposes, s/he will follow the steps outlined in CCDCFS Policy Families Who Refuse Agency Involvement and/or Voluntary Services. EE. Within two working days of the completion of the assessment/investigation, the investigating worker must: (all notifications/referrals must be documented in writing in the case activity log) a) Notify the child, unless the child is not of an age or developmental capacity to understand; and the child s parent guardian, or custodian of the report disposition and final case decision 9

10 Notifications for children ages 12 and older will be addressed and mailed directly to the child unless the child does not have the mental capacity to comprehend the context of the letter. Notifications for children ages 11 and younger, and/or who do not have the mental capacity will be addressed to the child and included in the caretaker s notification letter. If a child 12 years or older is placed in an out-of-home placement, the notification will be sent to the child at the placement address. Children 11 years or younger in an out-of-home placement will have their notification sent to the caretaker/guardian s attention. b) Notify the alleged perpetrator in writing of the report disposition, their right to appeal, and the method by which they may appeal. If the alleged perpetrator is a minor, the child s non-custodial parent, who hold residual parental rights to the child and maintains an ongoing relationship through visitation with the child and/or payment of child support, must be notified of the report disposition, their right to appeal, and the method by which they may appeal. c) Refer all children under the age of three to Help Me Grow for early intervention services if there is a substantiated report of child abuse or neglect regardless of the child s role in the report. d) Refer any infant who has been born and identified as affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure to Help Me Grow. e) Notify legally mandated reporters, who were identified at the time of referral and who requested follow up from the agency regarding the outcome of the assessment/investigation and the agency s recommendation for the continuation of safety for the child. f) Notify the child s non-custodial parent, who holds residual parental rights to the child and maintains an ongoing relationship through visitation with the child and/or payment of child support, of receipt of the report, the report disposition, and the case decision. g) Document in the case record the date and method of notification to the principals of the report of the above listed activities. FF. Completion of an investigation should be made prior to the 30 th calendar day of the screening date. The investigating worker may request a fifteenday extension. In this situation, the case disposition shall be made by the 45 th calendar day. The disposition should be completed regardless if the investigating worker has received all the pending investigatory information. 10

11 The disposition should reflect all of the evidence received at the time of the 45 th day. GG. If information is later received following the date of disposition that may have an impact on the finding, a new referral/report to the Hotline is required. This will require an additional assessment/investigation in accordance with OAC 5101: Staff assignment for this new report shall follow the same guidelines for intake reports received once a case is closed. If the information received does not impact the disposition of the case, the information should be documented in the case activity log with no further action. In both circumstances, the supervisor of the last investigating worker will be responsible for reviewing this information. HH. The investigating worker shall complete the Family Assessment to document the report disposition and arrive at a final case decision. This must be completed no later than thirty calendar days from the date the PCSA screened in the referral as a child abuse and/or neglect report. The time frame may be extended by a maximum of fifteen days if information needed to determine the report disposition and final case decision cannot be obtained within thirty days and the reasons are documented in the case record. II. If the child abuse and/or neglect referral involves a case principal who is currently receiving ongoing protective services from the agency, the investigating worker shall complete the report disposition by completing the Ongoing Case Assessment/ Investigation. This must be completed no later than thirty calendar days from the date the PCSA screened in the referral as a child abuse and/or neglect report. The time frame may be extended by a maximum of fifteen days if information needed to determine the report disposition cannot be obtained within thirty days and the reasons are documented in the case record. JJ. 25-DAY RULE: An investigating worker shall submit the case to their supervisor by the 25 th calendar day from the date of the screened in report. If a case is not turned in by this date, the investigating worker and supervisor shall complete the necessary waiver in regards to extending the investigative time frame discussed below in section KK, if appropriate and meets necessary requirements for an extension of time frames. In addition to this, the investigating worker and supervisor shall conference as to what the next steps should be in order to reach case disposition. KK. Justifications and Waivers: The Ohio Administrative Code (OAC) 5101: provides guidance for the completion of waivers and justifications as it relates to assessment/investigation activities. It states that there are very specific 11

12 activities that may be waived, as well as, activities that are not appropriate to waive. The SACWIS database provides a means to complete all required OAC justification/waivers. Please note that when completing a waiver for any of the required casework activity(s), it is always important to accompany this with an approved justification as to why the activity(s) cannot be completed. It is also important to note that when completing a SACWIS waiver, it is necessary to complete this within the 30 day investigative period (or 45 days with an approved 15 day extension) of the screened in date in order to be in compliance. LL. At the conclusion of an investigation, if the decision is made, based upon family needs, to open a case for ongoing services the following policies will be followed: CCDCFS Policy # Joint Transfer Conference between Hotline and Family Services and (a) or (b) Family Team Meeting: Court Involved (Involuntary) or Family Team Meeting: Non-Court Involved (Voluntary). MM. The ACV and family must be seen every month in the family setting as long as the case remains active. The last contact can be no more than 30 days from the day of closing or transfer. If attempts are unsuccessful, the case may still be closed or transferred provided that diligent efforts were made (e.g. attempting to schedule an appointment). All contacts/attempts will be clearly documented within a SACWIS activity log. SEE ALSO: See Cuyahoga County Department of Children & Family Services Policies: Referrals Criteria for Agency Intervention Justifications and Waivers When Completing Investigations (a) Family Team Meeting: Court Involved (Involuntary) (b) Family Team Meeting: Non-Court Involved (Voluntary) Families Who Refuse Agency Involvement and/or Voluntary Services Case Review Staffing Placement into Out of Home Care Settings Caregiver Approval Help Me Grow Services Ohio Job and Family Services (OJFS) Family, Children, and Adult Services Manual O.A.C. 5101: , , , , , , , and