Child Protective Services. A Guide To Investigative Procedures

Transcription

1 Child Proecive Services A Guide To Invesigaive Procedures

2 The purpose of his brochure is o help you undersand he Child Proecive Services (CPS) reporing and response process. Please conac your CPS worker if you have addiional quesions ha are no answered by he informaion provided in his brochure. Wha Is Child Proecive Services? Child Proecive Services, which operaes under he Virginia Deparmen of Social Services (VDSS), has he responsibiliy under Secion , e seq of he Code of Virginia o respond o repors of suspeced child abuse or neglec. Local deparmens of social services are required by he law o: Ac in response o valid repors of suspeced child malreamen. Evaluae child safey. Suppor and srenghen families, whenever possible. Faciliae services o families o help ensure he safey of heir children. Preven fuure abuse or neglec. Wha Is Child Abuse And Neglec? Secion of he Code of Virginia defines an abused or negleced child as any child under 18 years of age whose paren, guardian, or oher person responsible for he child s care: 1) Causes or hreaens o cause a non-accidenal physical or menal injury. 2) Causes or hreaens o cause a non-accidenal physical or menal injury during he manufacure or sale of cerain drugs. 3) Neglecs or refuses o provide adequae food, clohing, sheler, emoional nururing, or healh care. 4) Abandons he child. 5) Fails o provide adequae supervision in relaion o he child s age and level of developmen. 6) Commis or allows o be commied any illegal sexual ac upon a child including inces, rape, fondling, indecen exposure, prosiuion, or allows a child o be used in any sexually explici visual maerial. 7) Knowingly leaves a child alone in he same dwelling wih a person who is no relaed o he child by blood or marriage and who is required o regiser as a violen sexual offender. In addiion, he law requires healhcare providers o repor o CPS any newborn infan who ess posiive for drugs.

3 Why Has A Child Proecive Services (CPS) Worker Conaced Me? You have been conaced because he Deparmen of Social Services received a repor of possible abuse or neglec of a child or children in your care. Why Would Someone Make A Repor? The purpose of reporing is o idenify abused and negleced children as soon as possible so ha he child s safey and well being can be addressed. Some signs ha people noice and may repor o CPS include, bu are no limied o: A child wih quesionable injuries. A young child who is lef alone. A child who has unaended healh care problems or medical needs. A child who is consisenly hungry or appears malnourished. A child who has a sexually ransmied disease or oher signs of sexual abuse. Wha Happens Afer A Repor Is Made? Local deparmens of social services will respond o valid child abuse and neglec repors by conducing a family assessmen response or an invesigaion response. The goals of boh responses are o: Assess child safey. Srenghen and suppor families, whenever possible. Preven fuure child malreamen. Invesigaion Response A child abuse or neglec invesigaion is conduced when here are immediae child safey concerns, or he repor is required by law o be invesigaed. The following repors mus be invesigaed: Sexual abuse. Deah of a child. Serious injury. Hospializaion due o suspeced abuse/neglec. Injuries requiring medical evaluaion/reamen. Abandonmen. Abuse/neglec occurring in ou-of-family seings, such as schools, day care programs or residenial programs for children and foser homes. Who Made The Repor? Anyone can make a repor of suspeced child abuse or neglec. The person making he repor is no required o provide his/her name. Cerain professionals who work wih children are required by law o immediaely repor suspeced child abuse and neglec.

4 Wha Happens During An Invesigaion? During an invesigaion, he CPS worker will: Talk face o face wih he child, he parens, and he alleged abuser/neglecor. Conduc an iniial safey assessmen and develop a safey plan for he child, if needed. Look for signs of injury, abuse, or neglec. Observe he child s environmen and/or where he alleged abuse or neglec occurred. Inerview or observe he siblings. Check for prior repors of abuse or neglec. Conac oher persons who know he child such as docors, eachers, or relaives. Complee a risk assessmen wih he family and deermine wha services, if any, are needed o preven fuure abuse or neglec. Reques assisance in idenifying oher individuals who may be able o help he family if services are needed o keep he child/children safe. If needed, arrange for services o suppor he family. The Code of Virginia requires a CPS invesigaion be compleed in days from he dae of he repor. If an invesigaion is being conduced wih law enforcemen, his ime frame may be exended o 90 days. In cerain sexual abuse invesigaions or child faaliies, he ime frame my be suspended pending receip of necessary repors. Wha Righ Does CPS Have To Talk Wih A Child? In order o provide an objecive child safey assessmen, Secion of he Code of Virginia allows a CPS worker o speak wih a child and his/her siblings wihou parenal consen and ouside he presence of he paren/careaker. If he CPS worker alks wih he child or siblings wihou he paren/careaker s prior knowledge, he paren/careaker will be noified abou he inerview as soon as possible. All CPS inerviews conduced during an invesigaion wih alleged vicim children are required o be elecronically recorded. There are some excepions o his requiremen when he CPS worker deermines ha: The child s safey may be endangered by elecronic recording of he inerview. Elecronic recording is impracical due o he child s age and developmen level. The child refuses o paricipae. The invesigaion eam, which may include law enforcemen, deermines ha elecronic recording is inappropriae.

5 Wha Abou Examining The Child? The CPS worker will observe he child/children for injuries or signs of abuse or neglec. Under Secion of he Code of Virginia, he CPS worker is permied o ake phoographs and make he necessary arrangemens o X-ray he child/ children as par of a medical evaluaion. This can be conduced wihou parenal/careaker consen. Phoographs of he living condiions in which he child/children resides may also be aken wih he consen of he paren/careaker, or under he direcion of he local Commonwealh Aorney s Office. Wha If I Don Wan To Be Invesigaed? In mos invesigaions, here is cooperaion beween he family and he CPS worker. The inerview process provides an opporuniy for your family o express concerns abou your child/ children, o idenify family needs, o ask quesions, and o obain feedback from he CPS worker. If your family chooses no o cooperae or allow enry ino he home, he CPS worker is obligaed o proceed wih he invesigaion, as required by law. If here is sufficien cause o believe ha he child/ children are no safe, he CPS worker may conac law enforcemen for assisance or peiion he cour o order your cooperaion. Will My Child Be Taken Away? The CPS worker will assis your family in providing for he child s safey in your home. Mos of he ime, a plan can be made ha will ensure he child s safey in his/her own home. If he child s safey canno be assured, hen a deerminaion will be made as o wheher he child may need o be separaed from he family. This may include having he alleged abuser or neglecer emporarily leave he home, placing he child in he care of relaives, or in a foser home unil i is deemed safe for he child o reurn home. Wha Are My Righs? Parening is boh a privilege and a responsibiliy. If you are involved in a CPS invesigaion, you have he following righs: To be noified in wriing ha you are he subjec of a repor. To mee wih he CPS worker assigned o he case o discuss he repor, ask quesions, and obain feedback. To refuse enry ino your home by he CPS worker. To elecronically record he communicaions beween you and he CPS worker, provided all paries are aware of he recording. To accep or decline services. To appeal he invesigaion findings if you are named as he person who abused or negleced a child.

6 Wha Happens Afer An Invesigaion? Once he invesigaion is compleed, he CPS worker will evaluae all informaion colleced during he invesigaion and will deermine if he repor is founded or unfounded. You will be noified boh orally and in wriing of he disposiion. Will Criminal Charges Be Filed? CPS is required by Secion of he Code of Virginia o repor cerain ypes of suspeced child abuse or neglec o law enforcemen and he Commonwealh s Aorney. These include: Deah of a child. Sexual abuse. Serious injury. A drug offense involving a child. Abducion. Acs conribuing o he delinquency of a minor. The decision o file criminal charges or prosecue is made by local law enforcemen and/or he local Commonwealh s Aorney. The CPS invesigaion is an adminisraive proceeding and is separae from any criminal proceeding. Unfounded Disposiion An Unfounded Disposiion means ha informaion gahered during he invesigaion did no suppor a founded disposiion. Records of unfounded invesigaions are kep by local deparmens of social services and he VDSS child abuse and neglec informaion sysem for one year from he dae of he complain. This informaion is confidenial and used only by local deparmens of social services. An unfounded disposiion may be kep for more han one year if addiional CPS repors are received during his period. If you believe he repor was made in bad faih or was malicious, you may reques ha your record be kep for an addiional wo years from he dae of he complain. Secion of he Code of Virginia allows you o peiion he Circui Cour for access o he CPS record, including he ideniy of he reporer.

7 Founded Disposiion A Founded Disposiion means he informaion gahered during he invesigaion has revealed a preponderance of evidence o suppor ha abuse or neglec occurred. Secion of he Code of Virginia requires ha records of founded disposiions be kep by local deparmens of social services and he Child Abuse and Neglec Cenral Regisry. These records are kep 3 o 18 years, depending upon he severiy of he abuse or neglec. Informaion conained in he Child Abuse and Neglec Cenral Regisry is confidenial. Wih he excepion of local deparmens of social services, he informaion can only be released wih your signed, noarized auhorizaion or by cour order. How Do I Appeal A CPS Finding? If you disagree wih he findings of he invesigaion and wan your record purged, you mus submi a wrien reques o he direcor of he local deparmen of social services wihin 30 calendar days afer you receive he wrien noice of CPS findings. If you are dissaisfied wih he oucome of he meeing, or if he local deparmen of social services fails o send you a wrien decision wihin 45 days of your wrien reques o appeal he findings, you may reques an adminisraive review before a Hearing Officer by wriing o he Commissioner a he Virginia Deparmen of Social Services. May I See The Invesigaion Repor? Afer he invesigaion is compleed, you may reques o see a copy of your personal informaion in he CPS repor from he local deparmen of social services. Your reques will be graned unless here is an ongoing criminal invesigaion or criminal proceeding; or he personal informaion in your file could endanger he well-being of your child or oher persons. Wha Kinds Of Family Services Are Provided? A local deparmen of social services may: Develop a service plan wih you, designed o ensure he safey and well being of your child/ children. Link your family o communiy services such as family counseling, paren suppor groups, parening classes, subsance abuse services, children s programs, child care, home visis by a CPS worker, ec. You may decline services for your family and your child. The case will be closed if here is no hrea o your child/children s safey. However, if he CPS worker believes your children are unsafe, he/she may peiion he cour o require your family o receive services on behalf of your child/children. If you are no saisfied wih he Hearing Officer s decision, you have he righ o peiion he circui cour for a judicial record review. The CPS worker will provide you wih a wrien explanaion of he appeals process.

8 Dae: To: A repor of suspeced child abuse or neglec has been received abou: (Child or Children) The allegaions being invesigaed are: Please call: (CPS Worker) a: (Agency Name & Telephone) o discuss he repor, answer your quesions, and discuss your family s need for services.

9 Child Abuse Holine (Language Line available) Division of Family Services 801 Eas Main Sree Richmond, Virginia B eng (07/14)