Cabinet for Health and Family Services
Department for Community Based Services
Division of Protection and Permanency
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7B CHILD PROTECTIVE SERVICES (CPS) INVESTIGATION OR FAMILY IN NEED OF SERVICES ASSESSMENT (FINSA)
7B.1 WORKER SAFETY
7B.2 REQUESTING ASSISTANCE FROM ANOTHER COUNTY (OR STATE) WITH INTERVIEWS DURING AND INVESTIGATION/FINSA
7B.3 INITIATING
7B.4 INTERVIEWING
7B.4.1 INTERVIEWING CHILDREN AT SCHOOL
7B.5 INFORMATION GATHERING
7B.6 ASSESSMENT AND PREVENTION PLANNING
7B.6.1 CONTINUOUS QUALITY ASSESSMENT (CQA)
7B.6.1(A) REQUEST FOR A TIME FRAME EXTENSION OF A FINSA OR INVESTIGATION/ASSESSMENT
7B.6.2 PEDIATRIC FORENSIC MEDICINE CONSULT
7B.7 ADDRESSING DIFFERENT TYPES OF ABUSE AND NEGLECT
7B.7.1 CHILD SEXUAL ABUSE INVESTIGATIONS
7B.7.2 CHILD PHYSICAL ABUSE INVESTIGATIONS
7B.7.3 CHILD NEGLECT INVESTIGATIONS/FINSAS
7B.7.4 CHILD(REN) EXPOSED TO METHAMPHETAMINE PRODUCTION
(METH LAB) INVESTIGATIONS
7B.7.5 CHILD EMOTIONAL ABUSE INVESTIGATIONS AND EMOTIONAL
INJURY EVALUATIONS
7B.7.6 INVESTIGATION OR CHILD FATALITY OR NEAR FATALITY
7B.8 SPECIALIZED INVESTIGATIONS PROCESS OVERVIEW
7B.8.1 INVESTIGATIONS OF FOSTER OR ADOPTIVE HOMES DCBS or PCP AGENCIES
7B.8.2 INVESTIGATIONS OF PRIVATE CHILD CARING FACILITIES (PCC) AND CRISIS STABILIZATION UNITS
7B.8.3 INVESTIGATIONS OF CERTIFIED FAMILY CHILD CARE HOMES OR LICENSED CHILD CARE FACILITIES
7B.8.4 INVESTIGATIONS OF REGISTERED (SUBSIDIZED) FAMILY CHILD CARE PROVIDERS
7B.8.5 INVESTIGATIONS INVOLVING DCBS EMPLOYEES
7B.8.6 INVESTIGATIONS OF SCHOOL EMPLOYEES
7B.8.7 INVESTIGATIONS OF SUPPORTS FOR COMMUNITY LIVING (SCL) AND COMMUNITY MENTAL HEALTH/MENTAL RETARDATION CENTER (CMHC)
7B.8.8 INVESTIGATIONS OF PSYCHIATRIC RESIDENTIAL TREATMENT FACILITIES (PRTF) AND PSYCHIATRIC HOSPITALS
7B.8.9 ALLEGATIONS AT DJJ FACILITIES
7B.8.10 ALLEGATIONS AT HOSPITALS
7B.9 DETERMINATION OF FINDINGS OF INVESTIGATION OR FINSA
7B.9.1 SUBSTANTIATION
7B.9.1(A) SUBSTANTIATION OF PHYSICAL ABUSE
7B.9.1(B) SUBSTANTIATION OF NEGLECT
7B.9.1(C) SUBSTANTIATION OF RISK OF PHYSICAL HARM
7B.9.1(D) SUBSTANTIATION OF RISK OF SEXUAL HARM
7B.9.1(E) SUBSTANTIATION OF EMOTIONAL INJURY
7B.9.1(F) SUBSTANTIATION OF SEXUAL ABUSE
7B.9.1(G) SUBSTANTIATION OF CHILD FATALITY OR NEAR
FATALITY
7B.9.1(H) SUBSTANTIATION IN SPECIALIZED SETTINGS
7B.9.2 UNSUBSTANTIATED
7B.9.3 UNABLE TO LOCATE
7B.9.4 FAMILY IN NEED OF SERVICES FINDING
7B.9.5 FINDINGS WHEN COURT INVOLVEMENT OCCURS
7B.9.6 AFTERCARE PLANNING
7B.10 NOTIFICATION
SOP 7B
8/15/09
CHILD PROTECTIVE SERVICES (CPS) INVESTIGATION OR FAMILY IN NEED OF SERVICES ASSESSMENT (FINSA)
COA STANDARDS:
· S10.2 Service Elements – Response to Reports
· S10.3 Service Elements – Assessment
· S10.6 Service Elements – Community Responsibility
LEGAL AUTHORITY:
· 42 U.S.C. 5106a
· 45 CFR Part 1355.34(b)(1)
· KRS 600.020(50)
· KRS 620.030, Duty to report dependency, neglect or abuse
· KRS 620.040, Duties of prosecutor, police and cabinet; prohibition as to school personnel; multidisciplinary teams
· KRS 620.050, Immunity for good faith actions or reports; investigations; confidentiality of reports; parent’s access to records; sharing of information by children’s advocacy centers; confidentiality of interview with child; exceptions
· 922 KAR 1:330 Child Protective Services
· 922 KAR 1:480 Appeal of child abuse and neglect investigative findings
Introduction:
The CPS Investigative Process involves a series of steps to determine if an allegation of abuse and neglect has occurred, and if so, by whom. Critical steps involve assessing safety and risk factors in the home, and providing or recommending services to prevent maltreatment. In order to make a comprehensive assessment of the family, the investigator considers all relevant information obtained through face-to-face interviews, verifies this information through collaterals, gathers written documentation, photographs and consults with other professionals and management staff.
· A Prevention Plan is developed to put measures in place to protect children;
· If imminent risk of harm to a child is evident, removal of the child(ren) is considered through the Utilization Review Consultation process;
· The Continuous Quality Assessment (CQA) is used to assess safety and risk issues in a family and to methodically document step by step the chronology of the investigation or assessment;
· A findings letter is sent to the parent/caretaker upon completion of a FINSA or investigation to notify them of the agency's conclusion to the report received, and to apprise them of their right to a fair hearing;
· Notification to identified agencies within and outside of the Cabinet on certain types of investigations is important to facilitate the sharing of information and to afford additional protections for a child(ren), particularly if a criminal act has occurred;
· The role of law enforcement is to determine if a crime has occurred; the role of Protection & Permanency is to protect children by determining if abuse and neglect has occurred and offering services to prevent further maltreatment; and
· For additional investigative considerations, guidelines and procedures are provided in SOP 7B.8-Specialized Investigations.
SOP 7B.1
8/15/09
WORKER SAFETY
COA STANDARDS:
· N/A
LEGAL AUTHORITY:
· KRS 194A.065
PROCEDURE:
1. The SSW is encouraged to review the following in TWIST prior to initiating a report:
(a) Family/child history with the agency, particularly with regard to domestic violence, substance abuse or mental health issues of family or household members, weapons or aggressive animals that may be in the home; and
(b) A Red Flag in the TWIST screens that indicates safety issues have previously been identified. (Link to TWIST tip 74)
2. The SSW considers obtaining an AOC check if criminal history is suspected or has occurred in the past. (Link to AOC process)
3. The SSW consults with the FSOS before the report is initiated when safety issues are identified.
4. If a situation appears dangerous, the FSOS and SSW consider:
(a) Requesting law enforcement assistance;
(b) Asking another Protection and Permanency staff person to go along on the home visit; or
(c) An office visit with the family, after unsuccessful attempts to locate the family in their home or well documented safety issues that should be documented in the CQA.
5. The SSW uses the sign out process in their office to document the date, time leaving, estimated return time and destination.
6. The SSW is encouraged to program 911 into their cell phone for convenient access.
SOP 7B.2
8/15/09
REQUESTING ASSISTANCE FROM ANOTHER COUNTY/STATE WITH INTERVIEWS DURING AN INVESTIGATION OR FINSA
COA STANDARDS:
· N/A
LEGAL AUTHORITY:
• N/A
PROCEDURES:
1. Referrals are completed in the county where the perpetrator resides. If a case needs to be opened, it remains in the county where the perpetrator resides. Onsite services are requested for the children if they reside in another county. If the perpetrator resides out of state, the county where the child resides completes the FINSA/Investigation and retains case responsibility, as needed. The SSW contacts the county in the state where the perpetrator resides and requests that services be provided to the perpetrator. (Link to Tip Sheet on Case Transfer and Onsite Supervision)
2. Specialized Investigation referrals are investigated in the county where the school, foster home, PCC or daycare is located. Onsite interviews can be requested as needed should the child reside in another location when the referral is received. (Link to SOP 7B.8-Specialized Investigations Process Overview)
(NOTE: Based on Regional Protocol, another county may be assigned a foster home referral as deemed appropriate by the SRA).
3. Any request to another county or region for Onsite Services, particularly in regards to initiation of an Investigation or FINSA, for the purpose of interviews, will be completed within the same timeframes as any other FINSA or Investigation as outlined in SOP 7B.3 Initiating
4. To provide continuity of services to the families and children served during an investigation or FINSA, it is preferential for the assigned worker to complete all interviews if the distance is not prohibitive.
5. An onsite request to another county or region for information regarding an investigation/FINSA is made to assist in obtaining:
(a) Interviews;
(b) Police reports;
(c) Hospital or other medical records; and
(d) Legal documentation (from courthouse, etc.).
6. The SSW who is assigned a referral for a Sexual Abuse Investigation contacts the appropriate law enforcement agency that has jurisdiction where the alleged incidents were reported to have occurred for assistance.
7. When the Cabinet receives a referral of abuse or neglect that occurred in another state, but the child is now residing in Kentucky:
(a)The SSW contacts the social service agency in that state to make a referral and Cabinet staff interviews the child at the request of the out of state agency;
(b)The SSW still assesses the current safety of the child due to risk of harm should the other agency not request interviews;
(c)The referral may be completed here, if the entire family is living in Kentucky, but law enforcement in the other state should be notified and this should be documented.
(d)The SSW makes attempts to locate the family through the following methods if a family moves during an investigation:
(1)Family Support;
(2)The school system;
(3)Driver’s licenses; etc. or
(4)Any other methods of locating available.
8. If the family’s new address is confirmed and no interviews have occurred, the referral is transferred to the DCBS office in the county where the family resides.
9. If the FINSA/Investigation has been initiated with an interview of the child and the family moves, the SSW shares the case and requests onsite interviews of individuals needed to complete the referral. The case is shared so information can be entered in TWIST.
10. After consultation with the FSOS, the SSW requesting interview assistance, calls the county intake with:
(a)The name and location of the individual(s) to be interviewed;
(b)What, if any, is the specific information that needs to be obtained during the interview;
(c)The name and location of any collateral contacts that need to be interviewed; and
(d)A Follow-up request in writing (by email or fax).
11. After consultation with the FSOS, the SSW requesting documentation assistance calls the Centralized Intake Team with the exact documentation needs, including the contact’s:
(a) Name;
(b) Address; and
(c) Phone Number.
12. The requesting SSW shares the case with the county providing the Onsite Services.
13. The SSW providing the Onsite Services completes and documents all information in TWIST within fourteen (14) working days.
14. On referrals that result in a case being opened for ongoing services the SSW follows procedures outlined in SOP:
(a) 7C.5 Timeframes for All In-Home Services Case Planning; or
(b) 7C.7 Timeframes for All OOHC Case Planning.
15.A petition may be filed regarding a family either in the county where they reside or where the incident occurs. The former is preferred to avoid unnecessary travel for the family. In cases where abuse, neglect, or dependency petitions have been filed, the investigating SSW who filed the petition(s) and the Onsite SSW attend the court hearing.
(Link to Tip Sheet on Case Transfer and Onsite Supervision)
SOP 7B.3
8/15/09
INITIATING
COA STANDARDS:
· N/A
LEGAL AUTHORITY:
· 42 U.S.C. 5106a(b)(2)(a)
· 922 KAR 1:330 Child Protective Services
INTRODUCTION:
A report is considered initiated when face-to-face contact with the reported victim occurs.
Imminent Risk reports are initiated within one (1) hour unless there are clear indications from the referral source that the perpetrator does not have immediate access to the alleged victim or other children in the home (for example: the perpetrator is no longer in the home, the child is in a facility, or the child is currently in a safe location.)
Legitimate attempts to locate include making a visit to the location where the child is believed to be currently, or where the referral source has stated the child can be located. After repeated attempts to reach the child at these locations have failed, contact is made with a collateral that could help to verify an address or help locate the family, such as Family Support, Court records, neighbors, family members, law enforcement or other agencies that might have information.
PROCEDURE:
1. The FSOS, or designee, determines the initial level of risk, based on the:
(a) Information received;
(b) History of the family with the agency and the existence of prior reports; and
(c) The CPS Multiple Response Matrix.
2. The SSW utilizes the following time frames established in administrative regulation 922 KAR 1:330 to initiate the Investigation or FINSA by making face-to-face contact with the:
(a)Alleged victim(s) within one (1) hour if the report indicates imminent risk;
(Note: An exception for initiation of sexual abuse referrals may occur if there are clear indications from the referral source that the alleged perpetrator does not have immediate access to the alleged victim or other children in the home (for example: the perpetrator no longer lives in the home of the child or the child is in a safe location). It should be clearly documented in the CQA why the report was not initiated within the one (1) hour timeframe).
(b)Alleged victim(s) and family within twenty-four (24) hours if the report indicates non-imminent risk of physical abuse; or
(c)Alleged victim(s) and family within forty-eight (48) hours if the report indicates non-imminent risk not involving physical abuse.
3. After attempts at face-to-face contact to locate the alleged victim(s) within the required time frames have failed, the SSW documents in the CQA, using the Timeliness of Initiation Template all legitimate attempts that have been made to locate the alleged victim(s) including:
(a) Date and time any visit is made to the home or school to see the child(ren); and
(b) Contacts with collateral sources, such as:
(1) Family Support, utility companies, etc. for verification of address;
(2) The child’s placement if in out of home care; and
(3) The referral source, when possible, to obtain additional information on locating the child(ren).
4. The SSW makes attempts to locate the family through the following methods if a family moves during an investigation:
(a)Family Support;
(b)The school system;
(c)Driver’s licenses; etc. or
(d)Any other methods of locating available.
5. If all efforts by the SSW to locate the alleged victim(s) have failed, the SSW contacts the FSOS within twenty four (24) hours, including weekends, for consultation.
6. The SSW documents the date, time, location of the initiation of a referral and FSOS consultations in the “Referral Results Summary/Conclusions” of the Continuous Quality Assessment (CQA).
7. The SSW makes face to face contact with the parent/caretaker in their home during the course of the investigation/FINSA, after interviewing the child(ren) unless there are documented safety issues.