Policy
Procedures
Information learned
during interviews and observations must be written under the related
information domains for each participant contacted. Refer to the SAFE AZ CSRA Documentation Guide for more information.
If the
responsible adult is a member of the family network or an informal
support (is not a licensed out-of-home caregiver or a professional
service provider), complete a search for prior AZ DCS involvement and a
criminal records check with the Department of Public Safety. Submit the
DPS criminal history request to the DPS using the Justice Web Interface
(JWI). Submit a G-22 Child Abuse request.
When a person does not have a social security number, the DPS
Criminal Records Check shall still be completed using information
currently in CHILDS (including assigned pseudo social security numbers).
In this situation, additional searches are necessary, including a
public records search or information available through local law
enforcement.
If the safety plan includes the child residing in the home of
a responsible adult for any period of time (including a parent,
guardian, or custodian or a member of the family network), complete a
preliminary kinship assessment, which includes:
If the present danger plan includes the child living with
someone in the family network for seven days per week, 24 hours per day,
a service authorization must be entered in CHILDS. The service group is
FOSTER CARE, and the service type is 24/7 SAFETY PLN. This service
authorization must be matched to 24/7 SAFETY PLAN PROVIDER. Do not match
the service authorization to a Responsible Adult in the present danger
plan. If the present danger plan includes the child being removed from
their parent, guardian, or custodian, do not complete this service
authorization.
The assessment and management of child safety is initiated during the initial contact with the family and is continued throughout the investigation. The purpose of the Family Functioning Assessment is to gather sufficient and relevant information to make an informed decision about whether the child is safe or unsafe. The Family Functioning Assessment and analysis of information guides the DCS Specialist’s decisions about the child’s safety and what, if any, actions should be taken to protect the child
Information about family functioning is gathered
through interviews, observations, and the review of documents (medical,
police, school, behavioral health, etc.). The DCS Specialist completes
the Family Functioning Assessment by:
A child is unsafe when there is a threat of danger to the child, the child is vulnerable to the threat of danger, and there is not sufficient parent/caretaker protective capacity to manage the danger.
If there is indication a child is unsafe, consult with a DCS Supervisor and use the Child Safety Intervention Guide to assist in determining if the child is safe or unsafe.
Gathering Information about Parents, Guardians, or Custodians who Reside in a Different Household
The DCS Specialist will gather information about the household of a parent, guardian, or custodian of an alleged child victim who does not reside in the home of the alleged abuse or neglect, if the person’s whereabouts can be reasonably determined, including information about:
If the information gathered indicates that a situation or adult behavior in the household could pose a safety threat to a child, collect additional information to explore the area of concern. Make a report to the Child Abuse Hotline and conduct a separate Family Functioning Assessment of this household if the information collected reveals new or previously unreported incidents of abuse or neglect, or possible safety threats in the household.
In order to determine if a child is in impending danger, the information gathered on the six domains of family functioning must be sufficient to indicate whether a safety threat exists and if so, how it meets all five safety threshold criteria. The safety threats are as follows:
Assessing Parent/Caretaker Protective Capacities
Protective capacities are personal qualities or characteristics that contribute to vigilant child protection. They are personal and parenting characteristics that specifically and directly can be associated with being protective of one’s children. They are “strengths” that are explicitly associated with one’s ability to perform effectively as a parent in order to provide and ensure a consistently safe environment.
Assessment of a parent/caregiver’s capacity to protect a child begins with identifying and understanding how specific safety threats are occurring within the family system. At this point in the assessment process, the DCS Specialist determines whether each parent/caregiver has demonstrated the specific protective capacities associated with the identified threats of danger to a child.
Consider the following behavioral, cognitive, and emotional parental/caregiver protective capacities when gathering information for the Family Functioning Assessment:
The DCS Specialist’s assessment of protective capacity pertains to the parent/ caregiver’s overall functioning, and is not based solely on an isolated incident or singular event. The DCS Specialist will assess all of the following 19 protective capacities in relation to the adult’s overall functioning and general parenting practices.
Safe
Document information gathered about parents, guardians or custodians who reside in a different household, in the CSRA under the related person’s interview.
Utilize the SAFE AZ CSRA Documentation Guide for further documentation instructions.
Procedures
Use the Documentation Tips tool for guidance on how to fully document the investigation findings.
When DCS files a dependency petition
alleging abuse or neglect, and all parties agree that it is a child’s
best interest to establish Permanent Guardianship without a dependency
adjudication pursuant to A.R.S. § 8-871, notify PSRT providing the
dependency petition, order granting permanent guardianship and the DCS
report number, document investigation findings and submit a proposed
substantiated finding when indicated, as outlined in the above
procedures titled, “Documentation of Investigation Finding” and
“Proposed Substantiated.
Use the Finding Statement Templates and Finding Statement Examples tools to assist with documenting the Finding Statement. When entering your Finding Statement, document services offered or provided to the family using the Investigation Allegation Findings Explain window.
Procedures
A safety plan will not be implemented for children assessed as safe. Refer to Providing Services for Families with Children Assessed as Safe for information on assessment and service planning for families in which the children are determined to be safe.
A safety plan is a written arrangement between the parent,
guardian, and/or custodian; the responsible adult(s) who will take
action to control danger threats; and the Department. The safety plan
establishes how impending danger threats to child safety will be
controlled. The safety plan describes safety actions that must be taken
in order to control anticipated danger and prevent harm to the child.
Safety plans are not the same as case plans. Safety plans describe actions intended to control danger threats and may contain safety services to support those actions. Case plans include services and supports designed to effect long-term behavioral change by enhancing parental protective capacities to eliminate the need for a safety plan.
Sufficient, feasible, and sustainable are defined as follows:
For a safety plan to be effective, the DCS Specialist must know the following about each identified impending danger threat:
The written safety plan must:
A safety plan must remain in place until the impending danger threat is no longer active or the parents have been able to enhance protective capacity in order to manage all impending danger threats, and the child has been assessed as safe.
Safety plans can use in-home, out-of-home, or a combination of actions. The DCS Specialist must complete an analysis of whether an in-home or a combination safety plan can be implemented by determining the answers to the following questions.
If all five criteria are present, an in-home safety plan option can be used.
If any of the following criteria are not present, an out-of-home safety plan must be implemented, and the Department must take custody of the unsafe child either through a Voluntary Placement Agreement or filing a dependency petition and placing the child in out-of-home care. Follow policy and procedures outlined in Voluntary Placement and Out-of-home Dependency.
An in-home safety plan will be considered and is typically appropriate when all five of the following questions are answered yes (indicating the criteria is present):
Safety services may be included in the safety plan to support responsible adults in the completion of safety actions. Safety services focus on behavior management, crisis management, social connection, separation, and resource support. Safety services are immediately available, always accessible, and focused on controlling the danger within the home (rather than the long-term treatment outcomes for families).
Developing a safety plan that is not full time out-of-home placement requires knowledge about other actions or methods that might immediately control threats of danger. The following safety actions and services may help substitute for a parent/caregiver’s diminished protective capacities:
If the least intrusive intervention necessary to keep the child safe requires a parent, guardian and/or custodian to leave the home for longer than the duration of the present danger plan, and there are no current court orders that already restrict or deny contact between the parent guardian, and/or custodian who is leaving the home and the child, a dependency petition must be filed with the juvenile court. Refer to In-Home Dependency: Filing and Out-of-home Dependency for procedures related to filing a dependency petition.
Engage the family and ask for their assistance in identifying
appropriate individuals within their family network or who have a
significant relationship with the child and can assist to control
threats of danger to the child. Obtain information to determine if the
prospective responsible adult(s) and members of his/her household (if
applicable) are appropriate for this role. Meet in-person with any
identified prospective responsible adult to assess his/her ability to be
responsible for safety actions. Areas to consider include whether the
adult:
If the safety plan includes a child remaining in the home of
his or her parent, guardian, and/or custodian, complete a search for
prior AZ DCS involvement and a criminal records check of public records
for the responsible adult(s).
Gather information from the prospective responsible adult(s) regarding criminal history, complete a public records check, and contact local law enforcement to complete a records check. If appropriate, request history from out of state child welfare systems (when the responsible adult(s) has resided in another state and there is an indication that there is a history of out of state child welfare involvement).
If the safety plan includes the placement of a child in the home of an unlicensed relative or non-relative, follow the procedures for background checks located in Kinship Care.
Parents as Responsible Adults
If a child has been determined to be unsafe due to impending danger in the household where the alleged abuse or neglect has occurred, and an in-home safety analysis reveals that an in-home safety plan cannot sufficiently manage the safety threats in that home, and the child is placed with a parent, guardian and/or custodian in another household, a safety plan must still be developed and implemented. Placement of a child with a parent, guardian and/or custodian in another household does not, in and of itself, resolve the safety threat in the household of the abuse or neglect.
If the safety plan includes the child residing with a parent, guardian, and/or custodian who resides in a different household from the home of the alleged abuse or neglect, and this household was not comprehensively assessed using the Family Functioning Assessment - Investigation, consider the following:
A safety plan must be implemented, active, and continuously managed and monitored by the DCS Specialist. The DCS Specialist must continuously reassess the family conditions and dynamics, and the sufficiency of the plan. The DCS Specialist is responsible for safety plan oversight as long as threats of danger to a child exist and caregiver protective capacities are insufficient to ensure the child is protected in the home.
For the duration of the safety plan, the DCS Specialist must continually review the adequacy of the safety action(s), and modify the written plan when necessary. In addition, the DCS Specialist is responsible for updating the written safety plan whenever the following changes occur:
For effective oversight, the DCS Specialist must have an adequate understanding of the status of the safety threats and the sufficiency, feasibility, and sustainability of the safety action(s) identified; and must anticipate potential crisis situations.
A case cannot be closed when a safety plan is in effect. A case must be opened for services if a child has been assessed as unsafe.
The Program Supervisor shall discuss how the DCS Specialist will continue to provide oversight and management of the safety plan and the plan for continued assessment of the child’s safety.
If an out-of-home safety plan is created, assess the
responsible adult’s home by completing the Family and Home Evaluation
found in the Court Document Directory (CT05300).
In CHILDS:
If the child is removed as part of an out-of-home safety plan:
Complete the following windows in CHILDS when a temporary custody notice has been issued:
Follow documentation procedures in Voluntary Placement if a voluntary foster care agreement was implemented.
PROCEDURES
Procedures
The purpose of a TDM meeting is to engage the family in decisions about the safety, stability, and permanency of a child at critical points in a case. (See Team Decision Making Field Guide (CSO-1638) for detailed information). The meeting is a collaboration between the Department, parents, guardians and/or custodians, child(ren), extended family and kin, family support persons, and service providers,
A trained facilitator will facilitate all Team Decision Making meetings. The TDM facilitator’s role is to guide group discussion surrounding the safety and/or permanency of the child(ren) involved in a DCS case. The facilitator will strive to reach group consensus that the recommended plan is the least restrictive and least intrusive, sufficient to maintain child safety, and in the best interest of the child(ren).
The TDM facilitator will conduct the meeting according to the guidelines in the TDM Field Guide, and engage all team members to review and provide input into the following decisions and/or recommendations, depending on the TDM type:
Roles and Responsibilities
The family, DCS Specialist, Program Supervisor and TDM Facilitator are all responsible for ensuring decisions/recommendations made during the TDM meeting sufficiently address child safety. However, the final decision regarding the safety plan is the responsibility of the DCS Specialist and the Program Supervisor. The DCS Specialist is responsible to request the TDM, invite participants, and ensure timely notification to the attendees. The DCS Program Supervisor is responsible for scheduling the TDM. (See Key Roles and Responsibilities for more information on the TDM process.)
The DCS Specialist should invite the following individuals to the meeting:
The following individuals may be invited to the meeting by the parents, guardians and/or custodians, or child(ren):
Attorney Participation
Criminal Defense Attorneys
The DCS Specialist shall inform the parent, guardian and/or custodian that if an attorney is representing him/her in a criminal proceeding, a criminal court order is required for the criminal defense attorney to attend the TDM meeting. If a court order is obtained, the criminal defense attorney can attend the TDM meeting, but should not be allow to question any of the TDM participants, except for his/her client.
The role of the parent, guardian and/or custodian or child's attorney should be minimal and must only focus on safety planning. He/she cannot be considered as a possible responsible adult or as a placement for the child. He/she should not be allowed to question the TDM participants except for his/her client.
The allegations of abuse and/or neglect should not be discussed in the TDM meeting or with the attorney outside the TDM meeting.
If an attorney for any participant is expected to attend the TDM meeting:
The following questions should be discussed with Law Enforcement and the Duty AAG prior to the TDM meeting:
Do not discuss the criminal conduct allegation(s) during the TDM meeting.
If any admission of personal responsibility occurs during the TDM meeting or further information is obtained about the allegations, the DCS Specialist will immediately notify and provide the information to the AAG and Law Enforcement to assist in the criminal investigation and prosecution.
If information is revealed indicating a new allegation, the DCS Specialist will immediately notify the Child Abuse Hotline and if applicable, Law Enforcement and the Office of Child Welfare Investigations.
The child victim and the alleged perpetrator will not be in the same room or on the phone together during a TDM meeting when the case involves:
If a Dependency Petition is filed, send a copy of the TDM Summary Report to the Duty AAG.
Scheduling the TDM Meeting
The DCS Specialist will request a TDM meeting by completing and submitting the Team Decision Making Referral (CSO-1102) to the Program Supervisor, who will provide the date, time, and location of the meeting to the DCS Specialist for notification to attendees. TDM Meetings will be scheduled as follows:
Whenever possible, the intent to request a Management Review should be stated at the TDM meeting. The reason for the review shall be explained to the participants. The TDM Facilitator will contact the appropriate manager in the order of preference/availability outlined below, and state the reason for the review. The DCS Specialist and Supervisor will be given the opportunity to share their opinions about the reason for the review. The management level reviewer may ask for additional information prior to making a decision.
The Management Review will be completed by a manager in the following order of preference and availability, as appropriate to the assigned Region or OCWI unit:
The DCS Specialist will document who was invited and notified of the TDM.
The DCS Specialist will place a copy of the TDM Summary Report, including the Signature Sheet, in the case file.
For Permanency Planning TDMs, the DCS Specialist will document the conversation with the AAG in CHILDS case notes, AG Contact type.
The TDM Facilitator will document who attended, topics discussed, decisions/recommendations reached, consensus of parties, agreement of attendees and other information on the appropriate TDM Summary Report.
Procedures
Provide each parent, guardian, and custodian a copy of the Temporary Custody Notice and/ or Notice of Removal
Procedures
A child is a reasonable candidate for foster care if:
The child is at serious risk of removal from his or her home if he or she is residing with a parent or guardian and:
Develop a family centered case plan following the procedures in Developing and Reassessing the Family Centered Case Plan. The child’s case plan must identify services, strategies, and supports to assist the parent, guardian, and/or custodian(s) and family to achieve the desired behaviors identified in the case plan. Tailor services to meet the specific needs of the family to prevent removal of the child.
Review the determination that the child is a reasonable candidate for foster care no less than every six months while the case is open and the child remains in the home. This review shall occur as part of the Family Functioning Assessment – Progress Review and/or reassessment of the case plan.
Using the case plan, document the re-determination that a child is a reasonable candidate for foster care no less than every six months.
Procedures
Procedures
Criminal conduct allegations require a joint investigation with the law enforcement entity of the jurisdiction where the allegations reportedly occurred. Prior to conducting interviews with the family, contact local law enforcement where the incident occurred and coordinate investigative efforts and interviews according to an appropriate interview sequence designated by the assigned law enforcement agent. Each county has different protocols for Joint Investigations; these protocols may be accessed at Joint Investigation Protocols.
Joint Investigations are a partnership with law enforcement
requiring clear role delineation. The roles and responsibilities of law
enforcement and DCS personnel are different.
When a communication is received at the Child Abuse Hotline and meets the statutory criteria for a child abuse or neglect report, and the allegations include criminal conduct, a tracking characteristic of criminal conduct will be applied, see DCS Criminal Conduct Hotline Screening Guide, CSO-1365. In Maricopa and Pima counties, the Hotline assigns the report directly to OCWI. In all other counties, the Hotline assigns the report to the local DCS Supervisor for assignment.
For reports in Maricopa and Pima Counties, the Child Abuse Hotline will notify OCWI via telephone of reports with criminal conduct allegations that are a response time 1. Upon receipt of a report with criminal conduct allegations, the OCWI Manager, or designee, shall review the report using the Criminal Conduct Assessment Guidelines, CSO1366 to determine the level of OCWI involvement, following the timelines indicated in the guidelines. Should the OCWI Manager, or designee, determine that OCWI Assessment is the appropriate level of involvement; they shall complete the OCWI Criminal Conduct Assessment Form, CSO-1347. The completed form shall be emailed to the appropriate DCS Supervisors, Program Specialist and Program Manager within the designated timeframes as well as create an OCWI Investigation case note and attach the form to the case note. If there is a disagreement with the assessment decision, the involved parties shall follow the conflict resolution process immediately.
If the OCWI Manager, or designee, determines that the report will be assigned for investigation, the OCWI Investigator shall respond and complete the investigation according to policy and procedure.
Protocols for Joint Investigation
Coordinate the investigation with the identified law enforcement agency prior to making contact with the family. Coordination requires a shared, cooperative approach and ongoing consultation, collaboration, and communication. Joint investigations include:
Initiate the investigation within the assigned Standard Response Time.
If law enforcement is not able to respond jointly within the response time requirements established for the Department, explain to the law enforcement agency that the Department is proceeding with its investigation of child safety.
When a child is identified as a victim in a report alleging criminal conduct, protect the child victim against harassment, intimidation, and abuse, such as not allowing the alleged abusive person or any other person to threaten, coerce, or pressure the child victim, or to be present during interviews, family meetings, or other Departmental actions with the child victim.
Prior to report closure, contact law enforcement to verify there are no additional steps needed by the Department and ask if law enforcement is pursuing prosecution.
Interviewing a Child at School
If interviewing the child at school and there is a joint investigation, criminal conduct allegation, or law enforcement involvement, the Department or law enforcement must have parental permission, a court order/warrant, or exigent circumstances to conduct the interview. Exigent circumstances means a child has suffered or will imminently suffer abuse or neglect, and it is reasonable to conclude the child will be in danger if the child returns home. Interview the child to assess the child's safety and determine if the child is or will be a victim of abuse or neglect.
For these circumstances, limit the interview to 20 minutes and ask who, what, where, when questions to determine whether the child has suffered or will imminently suffer abuse or neglect, and whether the child will be in danger if the child returns home that day. Assess for child safety only. Do not conduct a full interview with the child. If denied access to the child, notify the Program supervisor and contact the Attorney General's Office.
Photographing
If a child has visible injuries and/or visible indicators of neglect, arrange to have the child photographed, preferably by law enforcement, a Child Advocacy Center, or a medical professional; and at the same time as a medical evaluation to reduce the number of times the child is examined. If these personnel are not available, photograph the child by depicting the child's entire body and face, not just the external manifestation of abuse. The Department shall not take photographs of a child’s genitals. Photographs should include a ruler and color bar where possible. Label each photograph with the child's name, date of photograph, date of birth, name of DCS Specialist, and name of the person taking the picture. Photographs of children can be taken without permission of the parent, guardian or custodian.
Informing Parent, Guardian or Custodian of Rights
Persons under investigation by the Department have specific rights in addition to any rights afforded in a law enforcement investigation or criminal proceeding. Inform all persons of their rights in a Department investigation, even when law enforcement has informed a parent, guardian, or custodian of their rights with regard to a criminal investigation (Notice of Duty to Inform). During a criminal conduct investigation, the Department is required to disclose the allegations, but statute allows the Department to withhold details that would compromise an ongoing investigation.
Criminal Conduct or New Allegations Disclosed During the Investigation
If during the course of an investigation, evidence suggests there is a new allegation or that a new allegation might be criminal conduct, the DCS Supervisor should then contact an OCWI Manager regarding these new allegations and the OCWI Manager will complete an assessment. The DCS Specialist should contact the appropriate law enforcement agency and document the new allegation after investigations findings.
If during the course of the investigation, evidence indicates that a felony criminal offense perpetrated by someone other than a parent, guardian, or custodian or other adult member of the child's home has been committed, the investigator shall contact the appropriate law enforcement agency.
Team Decision Making
Follow all policies in Chapter 2, Section 8: Team Decision Making, if the child is part of a case where the report alleges criminal conduct or the case involves an ongoing criminal investigation or current or pending prosecution, communication between the DCS Specialist or OCWI Investigator, and Law Enforcement should occur prior to holding the TDM meeting. The DCS Specialist or OCWI Investigator should also communicate with the Duty or assigned Assistant Attorney General (AAG) before the TDM meeting is held.
The following questions should be discussed with Law Enforcement, and the Duty or assigned AAG prior to the TDM meeting:
If there are concerns that a TDM meeting may compromise the criminal investigation, the DCS Program Manager or OCWI Regional Manager will discuss the issues with the assigned Supervisor/Manager to determine whether or not to hold the TDM meeting.
The child victim and the alleged perpetrator will not be in the same room or on the phone together during a TDM meeting when the case involves:
No discussion regarding the criminal conduct allegation is to occur at any point during the TDM meeting.
Safeguarding Case Records
The Department's case records are confidential and shall not be released, except as specified by law. Information received from the OCWI, including the OCWI documentation within the CHILDS case record, is DCS information and subject to the same confidentiality protection afforded all DCS information.
The Department is not required to release information when such release would cause a specific, material harm to a Department of Child Safety or criminal investigation or when such release would likely endanger the life or safety of any person. If the Department releases information, it must take reasonable precautions to protect the identity and safety of the reporting source.
If it is believed that the release of records may harm a criminal investigation, the OCWI Investigator (or the DCS Specialist in a case not involving the OCWI) will contact the County Attorney's Office. If the County Attorney agrees that the disclosure of information would cause a specific, material harm to the criminal investigation, the County Attorney must provide DCS with written documentation supporting his/her assertion.
Conflict Resolution
If at any times there is a disagreement with a decision to remove a Criminal Conduct tracking characteristic or assessment decision, the DCS Supervisor and/or OCWI Manager may elevate the issue through their chain of command to seek resolution. The escalation process is as follows:
Documentation
The DCS Specialist or OCWI Investigator will use the CSRA to document the investigation as outlined Chapter 2 Section 4 of the policy manual.
Fatalities
When completing fatality investigations, the autopsy report must be obtained prior to entering the finding(s) on the DEATH CHILD ABUSE or DEATH CHILD NEGLECT allegation(s), unless investigative information establishes probable cause to propose substantiation, absent the report from the Office of the Medical Examiner. When entering a finding absent the report from the Office of the Medical Examiner, the case shall be staffed with a Program Administrator or OCWI Deputy Chief prior to the entering of findings.
Procedures
Determining the Level of Department Intervention for Families with Children Assessed as Safe
To determine whether the family may benefit from community-based, Department-referred, or Department-monitored services, assess the family’s protective factors. The protective factors are:
Seek input from the parents, guardians, and/or custodians, and the children when developmentally appropriate, to identify protective factors and caregiver protective capacities that can be strengthened in order to reduce the likelihood of future abuse or neglect. Refer to Guided Pathways – Services for Safe Children for guidance on evaluating protective factors and determining the need for services.
Consider the following questions to determine the level of Department services and intervention necessary to strengthen the family’s protective factors, and to gauge the family’s commitment to participating in services:
Community Based Services and Case Closure
If the family’s identified needs can be met by a community-based or DCS-referred service, the family does not require DCS intervention and case management to encourage and monitor service participation, and the family is in agreement, complete an Aftercare Plan with the family following the procedures in Aftercare Planning and Services. Arrange or provide information about the identified services, and close the case.
Voluntary In-home Services and Case Transfer
If it is determined that the family would benefit from DCS-monitored services and/or for ongoing case management by the Department and the family is in agreement, the DCS Specialist shall transfer the case to ongoing case management following the procedures in Case Transfer.
Determining the Level of Department Intervention for Families with Children Assessed as Unsafe
Upon completing the Family Functioning Assessment – Investigation, if any child in the home is determined to be unsafe due to impending danger, the Department shall implement a safety plan and open a case for services. Follow the procedures in Safety Planning to determine the level of Department intervention necessary to sufficiently manage child safety in the least intrusive manner. Transfer the case to ongoing case management following the procedures in Case Transfer.
Determining the Level of Court Oversight
Upon determining that a child is unsafe due to present and/or impending danger, or upon completing the Family Functioning Assessment – Investigation, determine whether court oversight is needed, and the necessary level of court oversight. Levels of court oversight include in-home intervention, in-home dependency, and out-of-home dependency.
In-Home Intervention
A petition for an in-home intervention may be filed for a child who has been assessed as safe or unsafe as long as the child remains in the care of their parent, guardian, or custodian. To determine if a child is eligible for a petition for an in-home intervention, follow policy and procedure as outlined in In-Home Intervention.
In-Home Dependency
A petition for an in-home dependency petition may be filed for a child who has been assessed as safe or unsafe as long as the child remains in the care of their parent, guardian, or custodian. To determine if a child is eligible for a petition for an in-home dependency, follow policy and procedure as outlined in In-Home Dependency.
Out-of-Home Dependency
The Department must file a petition for an out-of-home dependency when:
Follow policy and procedures outlined in Emergency Removal if any child is taken into temporary custody. For more information, see Out-of-Home Dependency.
Documentation
Document in Case Notes, contacts with the following persons:
Documentation of contacts should include information on dates, places, individuals involved, and the nature of the contact, and provide a factual summary of the following:
Document all conversations with the family regarding the Department’s level of intervention. These conversations may be documented in either the CSRA or in case notes.
Document all conversations with the family regarding protective factors that may be strengthened, including information on community-based or Department provided service referrals. These conversations may be documented in either the CSRA or in case notes.
File a copy of the PS-067 and any additional addendum in the hard copy record.
File copies of all assessments, treatment records, monthly reports, and other related documents in the hard copy record.
If the case will be closed at the conclusion of the investigation, follow documentation requirements as outlined in Aftercare Planning and Services.
The DCS Program Supervisor will document the level of intervention and court oversight (if needed) in either the Clinical Supervision Discussion in the CSRA or in the Supervisory Case Progress Review in the Court Document Directory.
The DCS Program Supervisor will document the decision and justification regarding level of intervention in either the Clinical Supervision Discussion in the CSRA or in the Supervisory Case Progress Review in the Court Document Directory.
File a copy of service referrals in the hard copy record.
https://dcs.az.gov/about/dcs-policies
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Upon
receipt of a Department of Child Safety (DCS) report by a local office,
a DCS Program Supervisor, OCWI Manager, or other designated staff
acting in a supervisor role shall assign one of the following
dispositions:
Upon receiving
information that there is or may be a federal statute, state statute, or
court order that prohibits or restricts the Department from fully
investigating the report (e.g. the alleged maltreatment occurred on
Tribal reservation land), the DCS Program Supervisor or OCWI Manager
shall review the court order and/or consult the appropriate jurisdiction
to determine whether the Department will have a role in investigating
the report.
The Department
shall initiate the response to a DCS report in a timely manner,
according to the report response timeframes specified in Chapter 1: Section 3 Prioritizing Reports and Response.
The DCS
Specialist shall initiate the response to a DCS report by having
in-person contact with an alleged child victim identified in the DCS
report, or by attempting to have in-person contact with an alleged child
victim at the child’s known or probable location.
The Department
shall make reasonable efforts to have in-person contact with each
alleged child victim within the assigned report response time frame.
The
response time frame may be mitigated after law enforcement, other
emergency personnel, or a professional mandated reporting source makes
in-person contact with the alleged child victim(s) and provides
information to the assigned local DCS office that confirms: (1) the
child(ren)’s current whereabouts, (2) that the child(ren) are not in
present danger, and (3) and that a mitigating factor is present.
Mitigating factors are:
The
initial report response time frame is measured from the time the local
DCS office receives the report from the Child Abuse Hotline.
When
the Department has received a DCS report, the Department shall make
reasonable efforts to locate the child victim and family.
The
Department shall notify the appropriate law enforcement agency when the
DCS report contains allegations of criminal conduct, in accordance with
joint investigation protocols. If during the course of an
investigation the Department determines that a criminal offense may have
been committed or a new allegation of abuse or neglect not previously
reported is present, the Department shall immediately provide
information to the appropriate law enforcement agency and the DCS
Hotline.
The Department
shall report immediately, and in no case later than 24 hours after
receiving, information on missing or abducted children or youth to law
enforcement authorities for entry into the National Crime Information
Center (NCIC) database.
The Department
shall report immediately, and in no case later than 24 hours after
receiving, information on a missing or abducted children or youth to the
National Center for Missing and Exploited Children (NCMEC).
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Disposition of Reports
When a DCS report is received
by the local DCS office from the Child Abuse Hotline (the Hotline)the
unit supervisor or another designated staff acting in a supervisory role
will review the report to determine:
- if there is agreement of the Hotline's decision to take the report based on the information provided or initiate a Communication Review; or
- to disposition the report as one of the following:
- Field investigation;
- Field Investigation Unknown Report; or
- No jurisdiction.
Disposition a report as Field Investigation Unknown Report
when the family name is unknown but there is other identifying
information, such as an address or location. The DCS Specialist or OCWI
Investigator is required to respond to the DCS report based on the
information provided and within the report response time frame. When
the name of the family is determined, search CHILDS to determine if the
family already has a history with DCS.
- If there is a case history or a case ID for the family, the DCS Program Supervisor will link the current report to the existing case and change the disposition to Field Investigation.
- If there is no case history or case ID for the family, the DCS Specialist or OCWI Investigator will update all unknown participants with their correct names and identifying information, and the DCS Program Supervisor or OCWI Manager will create a new case and change the disposition to Field Investigation.
Upon receiving information that
a federal statute, state statute, or court order does or may prohibit
or restrict the Department from fully investigating the report, the DCS
Program Supervisor or OCWI Manager will review the court order and/or
contact the appropriate jurisdiction to determine whether the Department
will have a role in investigating the report.
After contacting the
appropriate jurisdiction, if it is determined that the Department will
not have a role in investigating the report (for example, when the
family resides on an American Indian Tribal land, or upon confirming
that a statute or court order prohibits the Department from taking
investigative action) the DCS Program Supervisor or OCWI Manager will
disposition the report as No Jurisdiction. The Department must
provide a copy of the report to the responsible jurisdiction and
document all contacts in a case note. For more information about
coordination of investigations when a family is currently on Tribal
land, see Chapter 6, Section 1, Identification of an Indian Child and Determination of Jurisdiction.
Mitigating a Response Timeframe
The DCS Supervisor or OCWI
Manager may mitigate the report response time frame when law
enforcement, other emergency personnel, or a professional mandated
reporting source made in-person contact with the alleged child victim(s)
and provides information to the assigned local DCS or OCWI office to
confirm:
- each alleged child victim’s current whereabouts;
- each alleged child victim is not currently in present danger;
- there is no indication that any other child in the home is in present danger; and:
- one or more of the following mitigating factors is present for each of the alleged child victims:
- The child is hospitalized and will remain hospitalized during the mitigated response time frame.
- The child is under continuous supervision of a responsible adult and will remain there during the mitigated response time.
- The report is of a child death and it is confirmed that there is no other child in the home or the alleged perpetrator has no access to another child.
The response time frame may be
mitigated while the mitigating factor is present, and for no more than
24 consecutive hours. A response time frame of seven days (Priority and
Response Time 4) may not be mitigated. The Department must make
reasonable efforts to have in-person contact with each alleged child
victim while the mitigating factor is present and within the mitigated
response time frame.
Contact law enforcement to request a welfare check in the following circumstances:
- An alleged child victim is currently outside of Arizona, across a state or federal border.
- A two hour response time frame is assigned, but a child victim is two or more hours away from the assigned local office, so that DCS is not able to make in-person contact with the child within the response time frame.
- There is concern for the safety of the DCS Specialist based on information in the report or the criminal background of an adult in the home.
- The Program Manager has approved the welfare check to be requested for another reason related to the safety of a child or DCS staff.
Response to DCS Reports
The report response time frame
begins when a local DCS office receives the DCS report from the Hotline
either by telephone notification or when the report is assigned
(dispositioned) to the local office (appearing on the Supervisor’s
Report Directory), whichever occurs first.
The DCS Specialist or OCWI
Investigator must initiate the response to a DCS report within the
assigned response time frame by having in-person contact with an alleged
child victim identified in the report, or attempting to have in-person
contact with an alleged child victim at the child’s known or probable
location.
The following examples do not constitute an initial response:
- calling the reporting source for additional information;
- requesting law enforcement to complete a welfare check; or
- having a telephone call with a school nurse, school social worker, relative, neighbor, non-abusing parent, etc., who claims to ensure the safety of the child.
The DCS Specialist or OCWI
investigator must make reasonable efforts to have in-person contact with
each alleged victim within the assigned response time frame. When
there are multiple children in the report or a child’s location is not
confirmed, initiate the response early enough to allow reasonable
efforts to have in-person contact with all of the children within the
report response time frame. Reasonable efforts include actions to
identify and respond to the probable location(s) of the child victims
(such as the child’s home, non-custodial parent’s home, school or child
care setting, and/or other probable locations identified in the report
or through other means). Prompt follow-up must occur until all alleged
child victims and other children in the home have been seen in-person
and the safety of each child has been assessed and managed, or
reasonable efforts to locate each child have been made.
Make reasonable efforts to locate the child and family for all cases assigned for investigation as follows:
- Make at least three (3) attempts to locate the alleged child victim(s) and any other children in the home through home visits at different times of day during the investigation.
- Send a certified letter to the family's last known address.
- Interview the reporting source or other persons who may have information about the location of the child victim or family such as the landlord or neighbors.
- Review the Family Assistance Administration (FAA) AZTECS database to determine if a current address is available for the child and the child's family.
- Contact the County Jail and the Department of Correction if the DCS report or other information indicates current or past incarceration.
- If identifying information is available on one or more adult household members, complete the DPS background check and review MVD information, when available, to determine if a current or recent address is available for the child's family.
Complete the following reasonable efforts to locate the child if the circumstance applies to the child or family:
- If the child is of school age;
- contact the child’s school or school district, if known;
- complete a search with the Arizona Department of Education, or
- contact other schools in the area of the family’s last known address.
-
If the child is attending child care;
-
contact the child care provider, if known; or
-
contact the Department of Economic Security (DES) Child Care Administration to determine if the child is enrolled in another child care facility.
-
Request law enforcement assistance in locating:
- the victim(s), or sibling(s) or other child(ren) living in the home with an alleged victim of a criminal conduct allegation, with DCS Program Supervisor approval; or
- a child who is a ward of the court.
Submit a request to the Arizona Family Locate Service when the DCS report response time frame is Priority 1 or 2.
If the family is believed to
have left the State of Arizona and the state to which the family is or
may be moving is known, contact that state’s child protection agency.
If
preliminary information gathered during the investigation indicates the
child victim is in present danger and/or impending danger and the
whereabouts of the child and family remain unknown, consult with the
Attorney General’s Office regarding filing a petition for a court order
for temporary investigative custody if the child is located. [ARS §
8-821(A)]
Family Locate
The Family Locate Unit can be used as part of reasonable efforts to locate a parent, guardian, or custodian. Complete the DCS Family Locate Referral, CSO-1310A and email it to the "Family Locate" mailbox.
Include the type of action that
the request is related to (Investigation, Dependency, Severance, etc.)
as these indicators are used to prioritize the incoming request. In
addition, the Requesters Information section must be completed to serve
as a contact mechanism should additional facts and/or clarification be
needed to appropriately conduct the search. Other mandatory fields
include:
- CHILDS case name,
- Missing person name,
- Participant Identification Number (PID),
- DCS Specialist’s name,
- Site Code,
- Telephone number
- Fax number.
Provide as much information as possible in order to increase the likelihood of a successful and timely locate outcome. The
PID number is crucial because documentation of results and the ability
to refer to external vendors is dependent upon this data. If known,
include information such as date of birth (DOB), Social Security Number
(SSN), physical description, last known address (LKA), etc.
Missing Children, Notification, and Entry into Databases
The Department of Child Safety
is required to notify the appropriate law enforcement agency when DCS
receives a report made pursuant to A.R.S. § 13-3620 or receives
information during the course of providing services to the child and
family that indicates a child is at risk of serious harm and the child’s
whereabouts are unknown (missing). A missing child may be determined to
be at serious risk of harm based on the following:
- the DCS report narrative and/or additional information from the reporting source or other collateral contacts and a thorough review of the family’s history with DCS, including any law enforcement involvement; or
- an assessment that the child is in present danger or unsafe due to impending danger based on information collected from collateral sources and interviews conducted with family members or others.
The Family Locate Unit or the
Office of Child Welfare Investigations (OCWI) at +OCWI Referrals may
assist in completing additional efforts to locate the child. When all
reasonable efforts have been made to locate the missing child and the
child cannot be located, the child’s whereabouts are unknown and the
child is considered missing.
When a child is at serious risk
of harm and is missing or has been abducted, the Child Safety
Specialist or OCWI Investigator shall consult with the DCS Supervisor or
OCWI Manger to determine whether the child is a “missing child.” The
DCS Supervisor or OCWI Manager must:
- within 24 hours, contact the National Center for Missing and Exploited Children at 1-800-THE-LOST (1-800-843-5678) to add the missing or abducted child to their database. An online report may be made by visiting: https://cmfc.missingkids.org/reportit;
- within 24 hours, notify the appropriate law enforcement agency that the child is missing; and
- provide the
mandatory information to enter the child into the Arizona Crime
Information Center and the National Crime Information Center Missing
Person Databases as an “endangered” missing child. This mandatory
information includes:
- Name,
- Sex,
- Race,
- Date of Birth,
- Height,
- Weight,
- Eye Color,
- Hair Color, and
- Date of last contact.
If known, provide the following additional information to assist law enforcement to locate the child:
- last known address or location
- Social Security Number
- personal descriptors including scars, marks, tattoos and other physical characteristics
- identifying information on siblings (name, date of birth, Social Security Number)
- significant relationships (including grandparents or other extended family members)
- current or last school attended
- vehicle of the person believed to have the missing child in his/her custody, such as:
- Vehicle make
- Vehicle model
- Vehicle style
- Vehicle color
- Vehicle identification number
- Vehicle license plate number
- Vehicle license state
- Vehicle license type
- If the vehicle information is not known, DCS may ask the local law enforcement agency to search the Motor Vehicle Division database for any vehicles registered to the person.
The
person who may have custody of the missing child qualifies for entry
into the Arizona Crime Information Center and the National Crime
Information Center Missing Person Databases. If the person who may have
custody of the missing child has a history of substance abuse, mental
illness or a physical disability, request the appropriate law
enforcement agency to enter the person under the missing person
“disability” category. The DCS Supervisor or OCWI Manager shall file a
signed Missing Person report if requested by law enforcement.
When filing an endangered
missing child or a missing adult report, request the local law
enforcement agency to contact the Child Abuse Hotline if the child or
adult is located. If the Department locates the missing child or adult,
the Department must contact and inform the assigned law enforcement
agency within 24 hours.
If the local law enforcement
agency does not accept a “missing” person report, the DCS Supervisor or
OCWI Manager should contact his/her assigned Program Manager to elevate
this decision to the next supervisory level within the appropriate law
enforcement agency.
If the person who may have
custody of the missing child does not meet the criteria for entry into
the Arizona Crime Information Center and the National Crime Information
Center Missing Person Databases, ask the local law enforcement agency to
enter the person in the “wanted person file, attempt to locate (ATL)”
in the Arizona Crime Information Center Database. Provide the child’s
missing person report number to link this report to the “miscellaneous”
field in the child’s missing person file.
Missing Child is Located
If notified by the Child Abuse
Hotline that the missing child has been located by law enforcement,
immediately contact the law enforcement officer to determine the child’s
location and information concerning the child’s current circumstances.
Respond to the location of the child, assess the child’s safety, and
determine the need for a protective action. Coordinate and collaborate
with the Region that filed the missing child report. It may be necessary
to make arrangements for the child’s immediate placement if the child
has been taken into protective custody by law enforcement. Obtain a copy
of the temporary custody notice from the law enforcement officer.
If the child is located by
means other than law enforcement, respond to the location of the child,
assess the child’s safety, and determine the need for a protective
action. Coordinate and collaborate with the Region that filed the
missing child report. Immediately notify the appropriate law enforcement
agency that the missing child has been located.
If a missing child on an open case is located, the Child Abuse Hotline will:
- issue a status communication to the unit where the case is open, and
- contact the local DCS office where the child is located for an immediate response.
If a missing child on a closed case is located, the Child Abuse Hotline will:
- take a report based on the primary parent’s residence, and
- contact the local DCS office where the child is located for an immediate response.
Documentation
Disposition and documentation of reports by DCS Program Supervisor or OCWI Manager
The DCS Program Supervisor or
OCWI Manager shall use the Report Disposition window in CHILDS to enter
and document the decision to assign a report as follows:
- Field Investigation;
- Field Investigation Unknown; or
- No Jurisdiction.
Documentation of Reports Dispositioned as No Jurisdiction
Document how and when the
report information was provided to the appropriate jurisdiction in the
Report Disposition Window Explain Box.
Document the DCS Program
Supervisor’s or OCWI Manager’s review and approval or denial of a
decision not to take additional investigative action because there is a
federal statute, state statute, or court order that prohibits or
restricts the Department from fully investigating the report in the
Report Disposition Window Explain Box.
Documentation of a Mitigated Response Timeframe
Use
the CSRA, Section II, to document information obtained from law
enforcement, other emergency personnel, or a professional mandated
reporting source who made in-person contact with the alleged child
victim(s) and confirmed the report met the criteria for a mitigated
response time frame.
Documentation must include:
- the name and profession of the person providing the information;
- the date and time when the information was provided directly to the assigned local DCS office;
- the date, time, and location of contact with each child victim;
- information that indicates each alleged child victim is not currently in present danger;
- information that indicates no other child in the home is in present danger;
- information that indicates a mitigating factor is present for each child victim.
Use the Report Detail (LCH031)
window to document the initial response. Enter the date and time of the
initial response as well as the name and role of the person who made the
initial response (e.g. “Law Enforcement” or “Other Emergency”).
Use the Report Detail (LCH031)
window to document the name of the DCS Specialist or OCWI Investigator
who made the initial Department response. Document the date and time
the DCS Specialist or OCWI Investigator had in-person contact with an
alleged child victim, or attempted to have in-person contact with an
alleged child victim at the child’s known or probable location.
Documentation of Response Initiation by Child Safety Specialist or OCWI
For unmitigated reports, use
the Report Detail (LCH031) window to document the name of the DCS
Specialist or OCWI Investigator who made the initial Department
response. Document the date and time the DCS Specialist or OCWI
Investigator had in-person contact with an alleged child victim, or
attempted to have in-person contact with an alleged child victim at the
child’s known or probable location. Select field response “CPS”.
Documentation of In-Person Contact with Children
Use the CSRA, Section II, to
document the actions taken to initiate the response, and reasonable
efforts to have in-person contact with each alleged victim within the
assigned response time frame, including actions to identify and respond
to the known or probable location(s) of the child victims.
Use the CSRA to document
continuing efforts to have in-person contact with all alleged child
victims and other children in the home, and to assess and manage the
safety of each child.
Missing child documentation for DCS Supervisor
Document that a child is
“missing” and that a law enforcement report has been filed in a Locate
Efforts case note in CHILDS. Document the date, time, law enforcement
agency contacted, report number and the name of the specific child,
parent, guardian, custodian or other person identified as “missing” in a
Locate Efforts case note.
If law enforcement does not
accept a “missing” child or adult person report, document efforts to
make the report in a Locate Efforts case note including contact made by
the assigned Program Manager elevating the decision to the next
supervisory level within the appropriate law enforcement agency.
Within 24 hours of a missing
child being located, enter a case note indicating that the child has
been located and, if the child was located by means other than law
enforcement, that the appropriate law enforcement agency has been
notified.
Chapter 2: Section 2Pre-Commencement Activities to Prepare for Initial Response
Procedures
Pre-commencement activities
prepare the DCS Specialist for conducting the Family Functioning
Assessment – Investigation. The DCS Specialist obtains, reviews, and
analyzes available information prior to initiating contact with the
family; and develops a plan for the initial contact, including specific
information to be collected at the initial contact.
Obtain
and review as much information as possible before the initial contact,
considering the urgency for response. For example, a Priority 1
response time frame may limit the Specialist’s ability to gather
historical information prior to making contact with the family. When
essential review activities cannot to be completed prior to initial
contact, the DCS Specialist should complete a comprehensive record
review as soon as possible, prior to conducting further investigative
activities.
If the DCS Specialist discovers
there is an order of protection in place, the Specialist must assess
both worker and victim safety concerns and obtain additional information
to the extent possible regarding the alleged perpetrator’s compliance
or non-compliance with prior or current orders.
Obtaining and Reviewing History
Review the Arizona CHILDS
database for any records involving the alleged child victim, the child’s
parents, other adults residing in the household of the alleged abuse or
neglect, and alleged perpetrator(s), including all reports,
communications, and case history. The review will include the following
information:
- the current allegation narrative and parties involved;
- all prior reports and investigation summaries to identify:
- patterns of maltreatment types, alleged victims, alleged perpetrators, and investigative outcomes;
- patterns of escalating maltreatment (i.e. increase in frequency of reports or severity of maltreatment) over time;
- elapsed time between alleged maltreatment incidents (i.e. reports are occurring more frequently over the past 12 months, etc.);
- injuries to a child victim that required hospitalization or medical treatment (or trauma therapy);
- prior Department interventions (voluntary services, safety plans, judicial involvement);
- change in household or familial composition;
- patterns of pervasive individual or family conditions that have been unmanaged in the past (i.e. domestic violence, parental substance abuse, and unmanaged medical or mental health condition in a household member, etc.); and
- services the family has been offered or participated in, the outcomes of these services (types, participation, progress, and completion), how these services addressed the identified safety threats and risks, and whether the services were successful.
Determine whether additional
sources of information should be contacted, such as school or medical
personnel, law enforcement, relatives, and other persons with knowledge
about the allegations.
Determine whether additional
information should be obtained, such as law enforcement records, medical
records, school records, mental health records, and other relevant
records.
If
information is obtained that an allegation of child abuse or neglect may
have been made in another state or other jurisdiction, contact the
state or other jurisdiction to determine the outcome of any
investigation of the allegation(s). If history exists, request records
from the jurisdiction to incorporate into the current Family Functioning
Assessment. A list of state child welfare agencies is available at Child Welfare Information Gateway.
If a family has lived in another state or jurisdiction, consult with a
DCS Program Supervisor to determine if contact with the other state or
jurisdiction will occur.
Obtain Department of Public
Safety (DPS) background checks and results when investigating and
responding to all reports of child abuse and neglect. Include a review
of National (NCIC), state (ACJIS), and a search of public records. If
unable to complete a DPS background check or more information is needed
to support or refute the allegations, conduct a check of local criminal
histories, including requesting information from local law enforcement
for recent contact history with the family and/ or at the residential
address (if available).
In accordance
with federal requirements, the criminal history information may only be
used for these purposes and must be shredded when no longer needed for
the investigation.
A request should be submitted
for each case. Second and subsequent requests may be submitted as
necessary, for example, when household composition changes or when
updated information is needed. The criminal history information cannot
be secondarily disseminated.
Submit a request for criminal
history information on the parents of each child victim and all other
adults in the home where the alleged abuse or neglect occurred to the
DPS using the DPS Criminal Records Check Find window. Each request must
include the person’s full legal name, date of birth, and valid social
security number.
The criminal history
information should be used in developing a strategy to initiate the
assessment and assist in decision making concerning the safety of the
children and DCS staff.
Upon receipt of the criminal
history information, determine whether any adult in the home has any
current or prior criminal activity:
- that may pose a threat to the safety of the DCS Specialist or other child welfare staff;
- involving a child or that places a child at risk of harm, including past abuse or neglect of a child;
- involving substance abuse;
- involving domestic violence where:
- a child was assaulted; or
- a child was injured or threatened, or may have attempted to intervene; or
- a child was inadvertently harmed even though he/she may not be the actual target of the violence; or
- the caregiver's own victimization (past or current) severely interferes with his or her ability to parent or protect child; or
- a household member has past convictions regarding violent behaviors and acts toward others to include assault and battery, homicide, sexual assault or rape, or criminal acts involving weapons.
Obtaining and Reviewing Court Orders
The DCS Specialist must make a
good faith effort to promptly obtain and abide by court orders that
restrict or deny custody, visitation or contact by a parent or other
person in the home with the child. A court includes but is not limited
to city court, criminal court, domestic relations court, family court,
justice court, probate court, federal court, and tribal court. Limited
information about orders for wants, warrants, orders of protection and
injunctions will be available as part of the criminal history
information obtained from DPS. The DCS Specialist should request copies
of court orders by contacting the Clerk of Court, Superior Court in the
county in which the order was entered. If the DCS Specialist confirms
that the parent/caregiver's custody, visitation, or contact with the
child was denied or restricted, abide by the terms of the order if the
order is in effect. The DCS Specialist cannot facilitate or concur with
placement or contact of the child with the parent/caregiver in any
manner that conflicts with the order. If the DCS Specialist confirms
that any adult in the home has restricted contact with a child, abide by
the terms of the order if the order is in effect.
If the order has expired or the
status of the order cannot be confirmed, consult with the Office of the
Attorney General prior to facilitating or concurring with placement or
contact of the child with the parent.
Information obtained from the
order or court records must be considered during the investigation of
the allegation(s) and assessment of child safety and safety planning.
Collection and Review of Additional Information and Documents
Obtain and review medical, school, and/or behavioral health records for the child if:
- the current allegations are directly related to the child’s physical health, education, or behavioral health;
- there is reason to believe these records contain information that will fill a gap or reconcile an inconsistency in the information about child safety; or
- there is reason to believe records contain evidence necessary for substantiation or a dependency.
When obtaining the child(ren)'s medical, school, and/or behavioral health records, the DCS Specialist should do the following:
- Speak with the physician, school, and/or mental health professionals to gather additional information when safety threats or risks in the area of physical health, education, or behavioral health are identified or suggested through the interviews with the child or family members.
- Utilize the Request for Release of Education Records (Investigations Only), (CSO-1048) when requesting a child's education records during a DCS investigation.
- Utilize the Request for Release of Medical Information (Investigations Only), (CSO-1049) when requesting medical and behavioral records from the physician, mental health professional, or appropriate medical provider.
- Utilize the Request for Release of Educational Records, (CSO-1050) when the child/youth is a ward of the Court in the legal care, custody, and control of the Department.
Obtain and review medical
and/or behavioral health records or provider reports for parents,
guardians, or caregivers if any of the following apply:
- The parent’s, guardian’s, or custodian’s medical or behavioral health is directly related to the current allegation.
- There is reason to believe these records contain or confirm information that will fill a gap or reconcile an inconsistency in the information about child safety.
- There is reason to believe the records contain evidence necessary for substantiation or dependency action.
When obtaining the parent's,
guardian's, or custodian's health, behavioral health, or substance abuse
records, obtain signed consents authorizing release of the records
utilizing the Authorization to Disclose Health Information, CSO-1038.
Required Reporter Contact
The DCS Specialist must attempt
to contact the reporting source to verify information contained in the
allegation narrative and to explore additional information the reporter
might have on the maltreatment incident or about the child or family’s
functioning. Attempt to contact the reporting source prior to the
initial contact with the family, except when a concern for child safety
and the need for expediency warrants a post-initial response contact, as
in the following circumstances:
- An immediate response is needed because a Priority 1 response time is required.
- Attempting contact with the reporter may increase the risk of harm to the child or adult household member (e.g., reporter is a subject of the report or resides in the same home as the family and attempted contact may inadvertently alert the alleged perpetrator of the investigation, etc.).
When circumstances preclude
contacting a reporting source prior to initial contact with the family
or an attempted contact was unsuccessful, contact the reporting source
as soon as practical after the initial response is completed.
Preparing for Specific Types of Investigations
The investigation of specific
types of allegations may require additional preparation or action by the
DCS Specialist, and/or may require the DCS Specialist to obtain and
review additional documentation and information to support or refute the
allegations of abuse or neglect.
Medical Examinations
Medical examinations and/or
consultation by a physician with expertise in child abuse and neglect
are required for specific injuries or circumstances. Examinations and/or
consultations are available through the local Child Advocacy Centers or
may be performed at a medical center or hospital where the child is
located. This requirement applies to the following injuries or
circumstances:
- Head injury resulting in skull fractures or impact to the skull;
- Internal organ injury;
- Multiple injuries or multiple plane injuries (battering);
- Severe facial bruises;
- Fractures or bruises in a non-ambulatory child;
- Fractures;
- Instrumentation injury with risk of impairment;
- Immersion burns;
- Second and third degree burns;
- Abusive Head Trauma;
- Medical Child Abuse (e.g., Fabricated or Induced Illness/Factitious Disorder);
- Delayed or untreated medical condition which is life threatening or permanently disabling which may include Infant Doe, comatose state or debilitation from starvation or possible non-organic failure to thrive;
- Serious physical injury or illness due to neglect;
- Child under age six (6) who has been provided prescribed/non-prescribed or illegal drugs or alcohol and is exhibiting symptoms of the drug or alcohol;
- Child reporting vaginal or anal penetration or oral sexual contact (oral contact with the penis, vulva or anus) within the past seventy-two (72) hours, AND has not been examined by a medical doctor; or
- Child reporting sexual abuse within the past 120 hours (5 days), AND has not been examined by a medical doctor.
Consider a medical
examination/urine analysis if there is reason to believe a child has
been residing in a home with extensive drug usage or sales, or if the
child had access to the drugs.
Consider a medical examination of non-verbal siblings in cases of near fatality or fatality as a result of physical abuse.
Forensic medical examinations
are generally required for cases involving criminal conduct allegations,
especially when sexual abuse is indicated. Consult your county's joint
investigation protocol to determine whether a forensic medical
examination is required.
Based on consultation with your
DCS Program Supervisor, medical examinations may be obtained in other
circumstances to confirm whether the injury is non-accidental or
suspected to have been inflicted.
Explain to the parent,
guardian, or custodian the purpose of the medical examination and try to
elicit their support and permission for the process.
If the parent, guardian, or
custodian refuses to allow the child to be examined, place the child in
temporary custody for up to 12 hours to have the child examined by a
medical doctor or psychologist. Utilize the Temporary Custody Notice, CSO-1000, if the child is removed.
When it is suspected that abuse
or neglect has occurred, but a physician or other medical personnel is
unable to confirm the abuse or neglect, or differing or conflicting
medical opinions have been received from the same or different
physicians regarding the diagnosis or specific medical finding(s), the
case, including all medical opinions should be reviewed within 48 hours
with:
- a physician who has substantial experience and expertise in child abuse and neglect diagnosis, or
- a multidisciplinary team (including a physician who has substantial experience and expertise in child abuse or neglect diagnosis, any attending physician, the DCS Specialist and the DCS Supervisor).
If a multidisciplinary team or
expert medical consultation is unavailable in your area, consult with
your supervisor and have your DCS Program Supervisor or Program Manager
contact the CMDP Medical Director at 602-351-2245.
Fatality and Near Fatality
When
investigating a child fatality, coordinate with law enforcement and the
Office of Child Welfare Investigations (OCWI), if available, to gather
medical documentation to determine whether a child’s death was the
result of abuse or neglect. Ask the physician (e.g. medical doctor or
doctor of osteopathy):
- Is the child's injury or condition consistent with a non-accidental injury and/or due to parent, guardian, or custodian neglect?
- Based on the information the physician has at this time, is it his or her opinion that it is likely the child died as a result of this injury or condition?
When investigating a near fatality, ask the physician (e.g. medical doctor or doctor of osteopathy):
- Is the child's injury or condition consistent with a non-accidental injury and/or due to parent, guardian or custodian neglect?
- Is the child in serious or critical condition because of this injury or condition?
A child's injury may also be
identified as a near fatality when a parent, guardian, or custodian has
admitted to or has been arrested, indicted, charged, or convicted for
causing the child's injury and the medical professional has confirmed
the injury places the child in serious or critical condition.
Permitting a Child to Enter
or Remain in a Structure or Vehicle in which Chemicals or Equipment is
Found for Manufacturing a Dangerous Drug
Information gathering should
focus on whether the parent, guardian, or custodian knew or should have
known that dangerous drugs were being manufactured in the structure or
vehicle, and whether he/she permitted the child to enter or remain in
the structure or vehicle. Also, determine the frequency and duration
that the child was in this location.
Indicators that the parent, guardian, or custodian may have known or should have known include the following:
- the presence of drugs, drug equipment, or paraphernalia;
- persistent noxious odor;
- purchasing or sale of an illegal substance from the structure or vehicle; or
- presence or observation of volatile, toxic, or flammable chemicals used for manufacturing a dangerous drug.
Inquire about or observe the following in assessing the parent’s, guardian’s, or caregiver’s knowledge.
- Are there frequent visitors or activity at all times or at odd hours of the day/night?
- Are the occupants unemployed, yet they appear to have money and other commodities?
- Is there extensive security (such as cameras) or unusual ways to obscure the home or vehicle?
- Is there indication of chemical waste dumping (such as “burn pits” or “dead spots”) in the yard?
- Is there indication of the following chemicals or equipment: rubber tubing, bunsen burner, ammonium sulphate, kitty litter, sodium hydroxide, rock salt, camp fuel, solvent (such as lighter fluid), liquid propane, freon, iodine, lacquer thinner, sulfuric acid (such as Liquid Plummer), multiple packs or boxes of Sudafed and/or ephedrine or pseudoephedrine etc?
Medical Marijuana
If a
parent, guardian, or custodian claims he/she is a qualifying medical
marijuana patient with a debilitating medical condition, focus
information collection on whether the medical use of marijuana impairs
parental functioning, and/or whether the child has been intentionally or
negligently exposed to medical marijuana; thus, placing the child in
present or impending danger. In making this determination, ask about the
following:
- the debilitating medical condition;
- method of consumption (smoking, vaporization, infused edible food products, etc.);
- any action taken
by the patient to ensure that any child in the home is not adversely
affected by the patient’s medical use of marijuana such as,
- plans to consume (smoking, vaporization, infused edible food products, etc.) when the child is not present,
- plans to make arrangements so that the child is not exposed to “second hand” smoke or vapor;
- any action taken by the patient to make arrangements so the child in the home does not have access to the marijuana, such as:
- the marijuana is clearly labeled, out-of-sight and not accessible to the child;
- if the patient is authorized to cultivate marijuana plants for the patient’s medical use, whether the plants are secured in an enclosed, locked facility;
- if the patient cooks with marijuana, whether any resultant food products are clearly labeled, out-of-sight, and not accessible to the child;
- the effect of
the debilitating medical condition and the medical use of marijuana on
the patient's ability to provide a safe home environment for the child,
including:
- transportation to/from appointments, and other routine activities,
- any concerns by the patient's physician about the patient’s ability to provide for the child’s safety and well-being; and
- whether there is another responsible un-medicated caregiver in the home when consumption occurs, and if more than one caregiver is a qualifying patient, plans to ensure that one caregiver is un-medicated (established routine where one caregiver is un-medicated at all times).
Substance Exposure to a Newborn Infant (under 30 days of age)
Information gathering should
focus on documenting that a health professional has determined that a
newborn infant was exposed prenatally to a drug or substance listed in
section 13-3401
(does not include alcohol), and that this exposure was not the result
of a medical treatment administered to the mother or the newborn infant
by a health professional. The determination by the health professional
shall be based on one or more of the following:
- Clinical indicators in the prenatal period, including maternal or the newborn presentation
- History of substance use or abuse including the type, frequency, and amount of drug used and the last time used
- Medical history
- Results of a toxicology or other laboratory test on the mother or the newborn infant
Obtain all relevant medical
documentation regarding the determination made by the health
professional. Health professionals include physicians, surgeons, nurse
practitioners, or physician assistants acting under the direction of a
physician or surgeon.
If available, collect
additional information evidencing the parent’s, guardian’s, or
custodian’s drug and/or alcohol use including but not limited to:
- the child's complete medical records;
- the mother's medical records pertaining to the period of pregnancy; and
- any additional records (such as police report or medical records) evidencing the parent’s, guardian’s, or custodian’s drug and/or alcohol use.
Substance Exposure to Infant(from birth to up to one year of age)
In addition to the above,
information gathering should focus on documenting that the use of a
dangerous drug, narcotic drug, or alcohol by the mother adversely
affected the infant’s health. Information gathering should include a:
- medical diagnosis that the child was exposed to a dangerous drug, a narcotic drug or alcohol during pregnancy;
- identification of the adverse effects of the prenatal exposure; and
- medical interpretation that the infant’s symptoms are the result of the prenatal exposure.
Fetal Alcohol Syndrome (FAS) or Fetal Alcohol Effects (FAE)
Information gathering should
focus on documenting the diagnosis by a health professional of an infant
under one year of age with clinical findings consistent with fetal
alcohol syndrome (FAS) or fetal alcohol effects (FAE). The diagnosis may
be made at any time during the child’s first year of life.
Deliberate Exposure to or Reckless Disregard of the Child’s Presence During Sexual Activity
Deliberate exposure means that
the parent, guardian, or custodian knowingly and willingly subjected the
child to sexual activities, including having the child read or view
explicit sexual materials (pornography), buying the child explicit
sexual materials (pornography), taking the child to a strip club, having
the child view others engaged in sexual activity, or allowing the child
to see activities of bestiality or materials depicting bestiality.
Reckless disregard means that
the parent, guardian, or custodian knew or should have known that the
child was present or would likely be present when engaging in sexual
activity, and failed to take actions to prevent the child from observing
the activity such as closing and/or locking the door, waiting for the
child to sleep, etc. Note that this would not include infants who sleep
in the same room as their parent, guardian, or custodian.
Information gathering should
focus on obtaining statements from credible witnesses (including the
child and parent) and corroborative evidence of the alleged behavior
involved.
Child Victim of Sex Trafficking
Sex Trafficking involves
recruiting, harboring, transporting, obtaining, maintaining, or
benefiting financially from any commercial sex act involving a child.
Gather information from interviews with the child and other sources to
determine if the child is a victim of sex trafficking. A child who has
been subject to commercial sexual exploitation is always considered a
victim of sex trafficking,
not a perpetrator.
When information indicates that
a child has been exposed to sex trafficking, follow procedures for
Criminal Conduct or New Allegations disclosed during the Investigation
found in Interviewing. Refer the child to appropriate services to address his/her needs.
Unreasonable Confinement
Confinement means the
restriction of movement or confining of a child to an enclosed area
and/or using a threat of harm or intimidation to force a child to remain
in a location or position.
Information gathering should
take into account the totality of the circumstances. The totality of the
circumstances includes consideration of the method and length of
confinement; and the child’s age, developmental and cognitive
functioning, and any special needs such as mental illness, behavioral
health, and physical limitations.
Examples of unreasonable confinement may include but are not limited to:
- tying a child’s arms or legs together;
- binding (tying) a child to a chair, bed, tree, or other object; or
- locking a child in a cage.
Locking a child in a bedroom,
closet, or shed may be unreasonable confinement, taking into account the
totality of the circumstances, such as the length of time; whether the
child was deprived of food, water, access to a bathroom; or had no means
to leave in the event of an emergency.
Documentation
In the Child Safety and Risk Assessment (CSRA) under Section I: Background Information document the following:
Prior History in Arizona or other states or jurisdictions:
- Document each report, including the current report, with the date, summary of allegations, findings, and service outcomes.
- Document if there is a pattern of maltreatment, chronicity, increasing severity of the allegations, or a change in the household composition.
Department of Public Safety (DPS) background checks and results:
- List any arrests, charges, and disposition for all parents of the child victim(s).
- List any arrest, charges, and disposition for each adult in the home where the maltreatment occurred.
- Document each adults relationship to the child(ren).
Court Orders Limiting or Restricting Contact:
- Document efforts made to obtain the information, including the date that each parent, guardian, or custodian was asked if a current court order exists, and their responses.
- List any court order that may restrict or deny custody, visitation or contact with the child(ren); including the jurisdiction and involved parties.
- Summarize any court orders that indicate a potential safety threat.
- Identify Law Enforcement agency, Detectives names, contact information, and DR# for the incident.
- Document the status of the police investigation and outcomes.
- Joint Investigation Detail (LCH 431) will still need to be completed for all reports containing the "Criminal Conduct" tracking characteristic.
Documents Reviewed (if applicable):
If any of the following documents were obtained and reviewed, file the document(s) in the hard copy record:
- Police reports
- Other Criminal history
- Medical records
- School records
- Court orders
- Provider reports on services provided to the family
- Any other documents reviewed
File written reports and documentation provided by collateral sources in the hard copy record.
Document a near fatality by
confirming or entering the Near Fatality (TY) tracking characteristic in
the Investigation Tracking Characteristic Findings window or the After
Investigation Finding Detail window in CHILDS.
Document the child's medical
need, examination and child's physician information using the Medical
Condition, Practitioner Detail and Examination Detail windows.
Update the Person Detail window to document each case participant's language preference and English proficiency.
Effective Date: February 2, 2018
Revision History: July 1, 2013, November 30, 2012, September 13,2013, October 28, 2014, June 9th, 2017, January 19th, 2018
Chapter 2: Section 3Initial Contact and Conducting Interviews
Procedures
Joint Investigation with Law Enforcement
Criminal
conduct allegations require a joint investigation with the law
enforcement entity of the jurisdiction where the allegations reportedly
occurred. Prior to conducting interviews with the family, consult local
law enforcement where the incident occurred and coordinate investigative
efforts and interviews according to an appropriate interview sequence
designated by the assigned law enforcement agent.
Each county has different protocols for Joint investigations; these protocols may be accessed at: Joint Investigation Protocols
Joint Investigations are a
partnership with law enforcement requiring clear role delineation. The
roles and responsibilities of law enforcement and DCS personnel are
different.
Protocols for Joint Investigation
Coordinate the investigation
with the identified law enforcement agency. Coordination requires a
shared, cooperative approach and ongoing consultation, collaboration,
and communication. Joint investigations include:
- developing a plan to complete the investigation;
- responding with law enforcement;
- communicating openly and frequently to discuss the status of the case; and
- obtaining and sharing information in a timely manner, particularly at the following critical communication points:
- completion of interviews;
- filing of a dependency petition;
- prior to the return of the child victim to the home or at any time during the life of the case;
- prior to the return of an alleged perpetrator to the home at any time during the life of the case;
- re-assessment of safety to include a possible change in the safety plan or a change in placement; and
- disclosure of information about the criminal conduct.
Initiate the investigation within the assigned Standard Response Time.
If law
enforcement is not able to respond jointly within the response time
requirements established for the Department, explain to the law
enforcement agency that the Department is proceeding with its
investigation of child safety.
When a child is identified as a
victim in a report alleging criminal conduct, protect the child victim
against harassment, intimidation, and abuse, such as not allowing the
alleged abusive person or any other person to threaten, coerce, or
pressure the child victim, or to be present during interviews, family
meetings, or other Departmental actions with the child victim.
Prior to report closure,
contact law enforcement to verify there are no additional steps needed
by the Department and ask if law enforcement is pursuing prosecution.
Initial Contact – Interviewing and Observing Children
Interview a child who is the
subject of investigation (identified as the child victim in the report)
or another child who lives in the home(prior to law enforcement
involvement, with permission of the assigned law enforcement agent or
when necessary to ensure child safety), to determine child safety.
Whenever possible, interview the child, siblings, and all other children
living in the home in a safe and neutral location. Interview the child
alone for all or part of the interview. Ask the parent, who is not
alleged to have abused or neglected the child, to be present for the
child interview if the child refuses or is reluctant to be interviewed
without the parent being present.
If a child is non-verbal, substitute observation of the child and document the observation to replace the interview.
The alleged perpetrator shall
not be present during the interview of a child who is the subject of an
investigation, his or her siblings, or any other child in the household.
Provide children with
information about the investigation process, including the role of
various individuals in the process; explain that the Department is
working to ensure their safety.
If a child is non-verbal, substitute observation of the child and document the observation to replace the interview.
When a child is interviewed
without consent of the parent, guardian, or custodian, initiate contact
with the parent, guardian, or custodian the same day and inform of the
child’s interview. The DCS Specialist should make reasonable efforts to
inform the parent, guardian or custodian about the interview before the
child returns home from school, when applicable.
If efforts to contact the
parent, guardian, or custodian are not successful, talk to the reporting
source, as appropriate, to determine if there is a means to contact the
parent, custodian, or guardian. If there is no way to contact, leave a
copy of A Guide to the Department of Child Safety at the home, along
with the assigned DCS Specialist's name, business address, phone number,
and a request to be contacted.
Interviewing a Child at School
If an interview of a child needs to be conducted at school:
- Be respectful to the school's rules, schedule, testing, and the child's educational needs.
- Coordinate with the school's administrative personnel.
- Provide DCS identification and a copy of the Request for Interview at School.
- Ask to interview the child privately. If the child requests that a teacher or other school staff member be present for the interview, explain the need to speak with the child privately.
- Limit the amount of time a child misses classroom instruction.
- Do not share any additional details of the investigation with school personnel unless needed to determine the child's safety.
- Collect additional information if needed by requesting school records and interviewing school personnel by using the Request of Release of Education Records (investigation only).
If interviewing the child at
school and there is a joint investigation, criminal conduct allegation,
or law enforcement involvement, the Department or law enforcement must
have parental permission, a court order/warrant, or exigent
circumstances to conduct the interview. Exigent circumstances means a
child has suffered or will imminently suffer abuse or neglect, and it is
reasonable to conclude the child will be in danger if the child returns
home. Interview the child to assess the child's safety and determine
if the child is or will be a victim of abuse or neglect.
For these circumstances, limit
the interview to 20 minutes and ask who, what, where, when questions to
determine whether the child has suffered or will imminently suffer abuse
or neglect, and whether the child will be in danger if the child
returns home that day. Assess for child safety only. Do not conduct a
full interview with the child. If denied access to the child, notify
the Program supervisor and contact the Attorney General's Office.
Photographing
If a child has visible injuries
and/or visible indicators of neglect, arrange to have the child
photographed, preferably by law enforcement, a Child Advocacy Center, or
a medical professional; and at the same time as a medical evaluation to
reduce the number of times the child is examined. If these personnel
are not available, photograph the child by depicting the child's entire
body and face, not just the external manifestation of abuse. Photographs
should include a ruler and color bar where possible. Label each
photograph with the child's name, date of photograph, date of birth,
name of DCS Specialist, and name of the person taking the picture.
Photographs of children can be taken without permission of the parent,
guardian or custodian.
Initial Contact – Preparing to meet with Parents, Guardians, and/ or Custodians
Review the Person Detail
(LCH016) window for each case participant to determine whether English
is the participant's primary language spoken. If another language is the
primary language, ask the participant if they wish to communicate in
their primary language. If the participant wishes to communicate in
primary language, access translation services are in place for contact
with the participant; see Limited English Proficiency for more
information on obtaining translation services.
Gather the following documents,
and provide them to the parent, guardian, or custodian when appropriate
and necessary, as defined below:
- A Guide to Department of Child Safety (1010A);
- Notice of Duty to Inform (CSO-1005);
- Safe Sleep for Your Baby (for families with a child under one year of age
- Authorization to Disclose Health Information (CSO-1038A) (to obtain a parent/guardian/custodian or adult's medical or behavioral health records).
- Present Danger Plan and Present Danger Signature Page(CSO-1034A) ( if a child is found to be in present danger);
- Safety Plan and Safety Plan Signature Page (CSO-1034B) (if there is an impending danger safety threat to a child);
- Voluntary Placement Agreement (CSO-1043A) (when parent, custodian, or guardian agrees to a voluntary placement);
- Temporary Custody Notice (CSO-1000) (serve to a parent, guardian, or custodian when the Department has taken temporary custody of a child);
- Notice of Removal (CSO-1039) (serve to a school, child care, or other location when the Department has taken temporary custody of a child or removed a court ward); and
- Kinship Placement Agreement and Notification of Resources (CSO-1129) (for all kinship placements);
Conducting Interviews of Parents, Guardians, and/or Custodians
Prior to initiating contact
with an adult, review the information available to effectively develop a
strategy to engage the participant. Not every interview is the same and
each person may require a different technique in order to effectively
engage in the interview process. If needed, consult with other
Department personnel to assist in this process.
Establish a working
relationship with the family to facilitate information gathering. Spend
sufficient time establishing and building rapport with the child’s
parents/caregivers by:
- notifying parents of their rights relative to the investigative process at the very beginning of the investigation;
- explaining, as part of the introductory process, the role of the DCS Specialist, role of the Department and the essence of the report (without getting into the details of the maltreatment until the interview process has begun in full);
- addressing parental concerns, deflecting strong reactions, and demonstrating empathy in response to significant emotions resulting from the parent’s response to being a subject of an investigation;
- empowering parents by asking for assistance in arranging for a private place to conduct interviews, scheduling follow-up interviews, and asking for additional contact information on family members, friends and individuals in their support network who they want the investigator to speak with about their family’s circumstances; and
- guiding the interview process by redirecting the conversation back to the collection of relevant information when parents repeatedly move off-topic, recognizing the difference between intentional avoidance or misdirection from parents and the need for the Specialist to address a parent’s legitimate concern before refocusing the interview.
During initial contact with
parents, guardians and/or custodians, the DCS Specialist should ask
questions to elicit information related to the following domains of
family functioning:
- Extent of child maltreatment
- Circumstances surrounding the maltreatment
- Child functioning on a daily basis
- Adult functioning on a daily basis
- General parenting practices
- Discipline and behavior management
For more information to assist in conducting interviews see Family Centered Interview Guide and Family Functioning Assessment – Investigation.
If unable to complete in-person
interviews in the home, complete one visit to the home of the child
victim to observe the physical condition of the home and the living
environment, and to assess the safety of the children in the home.
Document observations, and take photographs if appropriate.
Informing Parent,
Guardian or Custodian of Rights
Persons under investigation by
the Department have specific rights in addition to any rights afforded
in a law enforcement investigation or criminal proceeding. Inform all
persons of their rights in a Department investigation, even when law
enforcement has informed a parent, guardian, or custodian of their
rights with regard to a criminal investigation. During a criminal
conduct investigation, the Department is required to disclose the
allegations, but statute allows the Department to withhold details that
would compromise an ongoing investigation.
Upon initial contact, inform the parent, guardian, or custodian verbally and in writing of all of the following:
- S/he is under investigation by the Department and the specific complaint or allegation made against the person.
- The Department has no legal authority to compel cooperation with the investigation or to compel the parent, guardian, or custodian to receive services.
- The Department shall proceed with the investigation (by interviewing other persons who have information about the alleged abuse or neglect and the safety of any child living in the home, etc.) whether agreed to or not.
- Refusal to cooperate with the investigation or participate in services offered does not in itself constitute grounds for temporary custody.
- The Department has the authority to petition the Juvenile Court for a determination that the child is dependent.
- S/he has the right to file a complaint with the Ombudsman-Citizens Aide, the DCS Ombudsman Office and to appeal determinations made by the Department. Provide the person with the telephone number for the Ombudsman-Citizens Aide.
Inform the parent, guardian, or custodian of all of the following:
- S/he has right to provide written, telephonic, or other verbal responses to the allegation, including any documentation and to have the information considered in determining whether the child is in need of Department intervention.
- Anything the person says or writes can be used in a court proceeding.
- Any verbal response will be included in the report of the investigation.
- Any written response, including any document, will be included in the case record.
- Any information provided in response to the allegation(s) will be considered during the investigation.
After informing the parent,
guardian, or custodian of the above rights, have the parent, guardian,
or custodian sign the Notice of Duty to Inform, acknowledging receipt of
notification of these rights. Provide a copy to the parent, guardian,
or custodian.
Ask the parent, guardian, or custodian if the child's parent is of American Indian heritage/ancestry. On the Department
of Child Safety Notice of Duty to Inform, CSO-1005A, document the response, including the name of tribe of which the child is a member or is eligible for enrollment.
Ask the parent, guardian, or custodian of their child’s ethnicity.
Interviewing Collateral Contacts
In most instances, the
reporting source should be the first individual contacted, prior to
commencing the investigation. Contact the reporting source to
corroborate information obtained by the Hotline and obtain other
information the reporter might have on the extent of the maltreatment,
circumstances surrounding the maltreatment, child functioning, adult
functioning, general parenting, and disciplinary and behavior management
practices. Ask the reporting source for the names and contact
information of other reliable collateral contacts who know the family.
Identify collateral contacts
likely to have relevant and reliable information on the family. Protect
the identity of the collateral contacts, to the extent possible, when
discussing information shared about the family with the family.
In addition to individuals who
have direct knowledge about circumstances surrounding the maltreatment,
collateral contacts or sources may include:
- individuals who have regular contact with the child and are likely to be able to describe the child’s day-to-day functioning;
- doctors or other professionals who have evaluated or maintain records on the child;
- individuals with established personal or professional relationships with the parent who can likely describe the parent’s day-to-day functioning; and
- individuals likely to have witnessed the child-parent interactions, and/or who can describe general parenting and disciplinary and behavior management practices.
When interviewing relatives,
neighbors, and others with information regarding the alleged abuse or
neglect, share only information necessary in order to secure additional
information about the child and family.
Address
Confidentiality Program
If a participant notifies the
Department of his/her enrollment in the Address Confidentiality Program
(ACP), contact the Secretary of State's ACP office at 602-542-1892 to
confirm the participant is currently enrolled. A case participant
presents one of the following documents:
- An ACP Authorization Card; or
- A letter from the Secretary of State confirming ACP participation.
Whenever possible, request a
copy of the above documents for the case record. If not possible,
document all information from the ACP Authorization Card in the case
record.
Once a participant has been verified as enrolled in the Address Confidentiality Program, contact the ACP liaison at privacy@azdcs.gov
so that the participant's records are properly protected in CHILDS. At
no time shall the ACP participant’s home address be entered into
CHILDS, be kept in the written case record, or produced in response to a
records request.
If a participant is enrolled in the Address Confidentiality Program and his/her home address is needed, complete the Non-Emergency
Address Disclosure Request (CSO-1170A) and send it to the ACP liaison at privacy@azdcs.gov. Do not require the participant to provide his/her home address.
Observing Family Interactions
Observe the family in the home
where the maltreatment is alleged to have occurred, to personally
observe family interactions and the family conditions to which the
child(ren) are routinely exposed, protective capacities, style of
communication, power and control dynamics, and parenting skills as
actually applied compared to those described by parents and caregivers.
Parent-Child Interactions
The DCS Specialist should
observe the nature of the parent-child relationship. Observe attachment
and interaction dynamics to assess child and adult functioning, general
parenting, and parental disciplinary practices and behavior management.
Observe whether any of the following are occurring in the parent-child
interactions, to evaluate parental protective capacities:
- Child displays behaviors that seem to provoke strong reactions from parent.
- Parent ignores inconsequential behavior or appropriately responds to child’s “acting out.”
- Child has difficulty verbalizing or communicating needs to parent.
- Parent easily recognizes child’s needs and responds accordingly.
- Child demonstrates little self-control and repeatedly has to be re-directed by parent.
- Child plays by himself or with siblings/friends age appropriately.
- Child responds much more favorably to one family member.
- Family members appropriately express affection for each other.
- Parent demonstrates good / poor communication or social skills.
- Parent is very attentive / ignores or is very inattentive to child’s expressed or observable needs.
- Parent consistently / inconsistently applies discipline or guidance to the child.
- Parent reacts impulsively to situations or circumstances in the home.
- Parent demonstrates adequate coping skills in handling unexpected challenges.
Adult Interactions
The DCS Specialist should
observe how the identified alleged perpetrator and non-offending parent
(and other adult caregivers) relate to each other. Observe the
following interpersonal and relationship dynamics to assess parental
protective capacity to manage out-of-control behaviors, actions, or
conditions identified in the home:
- One individual appears much more dominant or controlling in the relationship (i.e., interrupts conversations, challenges partner’s statements, exhibits dismissive non-verbal communication in response to other person’s comments – rolling of eyes, smirks, etc.).
- The non-offending caregiver appears very self-confident and self-assured.
- The adult relationship appears volatile and “all consuming” leaving inadequate time or energy for non-offending parent to address child’s needs.
- The non-offending parent attempts to demonstrate effective parenting efforts, but is undermined by the alleged perpetrator.
- Only one individual appears to be effective in disciplining and managing child behavior.
- A co-dependent, high/low functioning dynamic appears to exist between the individuals with significant caregiver responsibility with the identified alleged perpetrator not being held accountable for inappropriate or irresponsible behavior(s) by the higher functioning, more capable adult.
Criminal Conduct or
New Allegations Disclosed During the Investigation
If
during the course of the investigation, evidence suggests that the
allegation should be coded criminal conduct, contact OCWI to determine
if the report meets criminal conduct criteria. If the allegation meets
criminal conduct criteria, the OCWI Manager adds a tracking
characteristic of criminal conduct to the allegation and contacts law
enforcement.
If during the course of an
investigation, evidence suggests a new allegation or that a new
allegation might be criminal conduct, contact the Child Abuse Hotline
via an Intake Supervisor to add the allegation to the current report or
create a new report for ongoing cases. If the Intake Supervisor believes
that the allegation meets criminal conduct criteria (Investigations Involving OCWI),
the Intake Supervisor adds a tracking characteristic of criminal
conduct to the new allegation and contacts OCWI to assign the new
allegation. Contact law enforcement. Document the new allegation after
investigations findings.
If during the course of the
investigation, evidence indicates that a felony criminal offense
perpetrated by someone other than a parent, guardian, or custodian or
other adult member of the child's home has been committed, contact the
appropriate law enforcement agency
Documentation
In
the Child Safety and Risk Assessment (CSRA) under Section II:
Interviews, document the date, type, time, location, who was
interviewed, and information collected; or the concerted efforts to
locate, contact, and interview each applicable participant and/ or
collateral contact.
Document ethnicity for each
participant, in CHILDS under the Person Detail window. If the parent
identifies any American Indian ancestry or heritage, document in the
American Indian Detail window, reached through the Person Detail window.
Document any consultation with the Attorney General’s Office in a case note under AG Contact.
Document consultation with the Supervisor, or designee, in a case note under Supervisory/ Management Contact.
File written, telephonic, or
verbal responses to the allegation provided by the subject of a DCS
investigation, any written response to the allegation, and any
documentation obtained from the subject of a DCS investigation in the
hard copy record.
If possible, scan all written
reports and documentation provided by collateral sources and attach to a
case note, and file in the hard copy. See Case Note Types Guide.
Effective Date: June 12th, 2017
Revision History: July 1, 2013, November 30, 2012, September 13,2013, February 12, 2016, November 11, 2016
Chapter 2: Section 4Present Danger Assessment and Planning
Present Danger Assessment
Upon contact with the child and
family, the DCS Specialist will determine whether any child in the home
where the abuse or neglect was alleged to occur is in present danger. A
child is in present danger when there is an immediate, significant, and
clearly observable family condition, child condition, or individual
behavior that obviously endangers a child right now or threatens to
endanger a child at any moment, and requires immediate action to protect
the child before the comprehensive Family Functioning Assessment can be
completed.
The DCS Specialist must obtain
emergency medical treatment for a child when necessary, as soon as
possible. Situations that may require emergency medical treatment
include, but are not limited to:
- head injuries or loss of consciousness,
- abdominal injuries,
- severe malnourishment or dehydration,
- open wounds or burns, and
- injury to the genitals.
Immediate, significant, and clearly observable are defined as follows:
- “Immediate” for present danger means that the dangerous family condition, child condition, or individual behavior is active and operating. What might result from the danger for a child could be happening or occur at any moment. What is endangering the child is happening in the present, it is actively in the process of placing a child in peril. Serious harm will result without prompt investigation and/or DCS Specialist action.
- “Significant” for present danger means that the family condition, child condition, or individual behavior is exaggerated, out of control, and/or extreme. The danger is recognizable because what is happening is vivid, impressive, and notable. What is happening exists as a matter that must be addressed immediately. Significant is anticipated harm that can result in pain, serious injury, disablement, grave or debilitating physical health conditions, acute or grievous suffering, impairment, or death.
- Present danger is “clearly observable” because there are actions, behaviors, emotions, or out-of-control conditions in the home that can be specifically and explicitly described, and which directly harm the child or are highly likely to result in immediate harm to the child.
In present danger, the dangerous situation:
- is in the process of occurring (for example, a young child is alone on a busy street);
- just happened (for example, a child presents at an emergency room with a serious unexplained injury);
- happens all the time (for example, young children were left alone last night and are likely to be left home alone again tonight or the child will be accessible to a perpetrator upon release from school); or
- requires an immediate protective action because the alleged abuse or neglect cannot be immediately ruled out and if the allegation is true, the child is in present danger (for example, a child has serious unexplained injuries or there are current allegations of sexual abuse).
Present Danger Conditions
The following conditions
describe present danger when they are immediate (endangering a child
right now), significant, and clearly observable:
- child is unsupervised or alone now or on a daily basis, or has been left with a person who is unwilling or unable to provide adequate care, and the child is not capable of caring for himself/herself;
- caregiver is unable to perform essential parental responsibilities right now or all of the time due to alcohol/substance use, mental health conditions, physical impairment, and/or cognitive limitations;
- caregiver is unable or unwilling to perform essential parental responsibilities and there is no other appropriate caretaker immediately available;
- caregiver is out of control and cannot focus or manage his/her behavior in ways to properly perform parental responsibilities;
- caregiver’s behavior is currently violent, bizarre, erratic, unpredictable, incoherent, or totally inappropriate;
- caregiver is brandishing weapons, known to be dangerous and aggressive, or is currently behaving in attacking or aggressive ways;
- dynamics in the household include an adult establishing power, control, or coercion over a caregiver in a way that impairs necessary supervision or care of the child and has caused, or will likely cause, serious harm to the child’s physical, mental or emotional health;
- caregiver has an extremely negative perception of the child, such as seeing the child as demon possessed; and/or has extremely unrealistic expectations for the child’s behavior;
- physical conditions in the home are hazardous and immediately threaten a child’s safety, such as exposed live wiring, building capable of falling in, manufacturing of drugs (i.e. drug lab), or exposure to extreme weather;
- caregiver is subjecting the child to brutal or bizarre punishment such as confined to a cage, tied to an object, locked in a closet, forced feeding, scalding with hot water, burning with cigarettes, etc.;
- child requires immediate medical attention, and the absence of medical treatment could seriously affect the child’s health and well-being; such as a child who is severely malnourished, dehydrated or failure to thrive (the absence of routine medical care is not a present danger situation);
- child’s behavior is actively endangering self or others and caregiver cannot or will not control the child’s behavior or arrange or provide necessary care;
- evidence of recent sexual abuse, the perpetrator currently has access to identified victim, and no protective action is being taken by a non-offending caregiver;
- injuries such as facial bruises, injuries to the head, or multiple plane injuries; different types of injuries on the child, such as a serious burn and bruising; bruising or injuries to a non-ambulatory child, or immersion burns;
- severe to extreme maltreatment that is alleged to be occurring in the present (i.e., child has soft tissue injuries which pose a threat to vital organs; broken bones, burns, cuts, and lacerations; vicious beatings; biting; injuries to genitals; constantly being hit; physical torture; oral sex, anal sex, or intercourse; sexual abuse accompanied with physical abuse; bizarre sexual practices; pornography/sexual exploitation; constantly berating, double binding, verbal assault/intimidation; psychological torture such as constant scapegoating, indifference, condemnation, and/or rejections);
- serious injuries that the caregivers and others cannot or will not explain, or the explanation is inconsistent with the observed or diagnosed injuries or condition;
- child’s condition is the result of deliberate, preconceived planning or thinking that the caregiver is responsible for and that preceded the child’s serious injuries or condition;
- child is profoundly fearful of their present home situation, or a particular person living in or having access to the home because of a specific concern of personal threat (this does not include generalized fear or anxiety);
- there is evidence of abuse or neglect and the caregiver cannot or will not produce the child, refuses access to the child, is likely to flee with the child, or is actively avoiding DCS (such as not allowing others to have contact with the child or moving a child around among relatives, adults or different homes).
Present Danger Planning
If any child in the home is in
present danger, the DCS Specialist must implement a present danger plan
that controls the present danger prior to leaving the child or family. A
present danger plan provides the child(ren) with responsible adult
supervision and care so that the child will be safe while the DCS
Specialist completes the Family Functioning Assessment, which assesses
impending danger and protective capacity. A present danger plan is
immediate, short term, and sufficient to control the present danger.
These criteria are defined as follows:
- Immediate means that the plan is capable of controlling the present danger the same day it is created. Before the DCS Specialist leaves the child or family, the present danger plan must be in motion and confirmed.
- Short term means that the plan only needs to control the particular present danger situations until sufficient information can be gathered and analyzed to determine the need for a longer term safety plan. Present danger plans should be sufficient to control the present danger until the Family Functioning Assessment is complete (including an analysis of impending danger).
- Sufficient means that the adults who will provide care and supervision to the child(ren) are responsible, available, trustworthy, and capable of fulfilling their responsibilities within the present danger plan. It must be confirmed that the responsible adults are willing to cooperate and emotionally and physically capable of carrying out the protective actions needed to keep the child safe.
The DCS Specialist works with
the family to determine what protective action is necessary to control
the immediate present danger condition and who, if needed, will serve as
the responsible adults to protect the child when the danger threats are
present or likely to be present.
If a present danger plan is
implemented, the DCS Specialist must inform the parents that they have
the right to an attorney and a hearing before a juvenile court judge if
they do not agree to an in-home or voluntary present danger plan that is
sufficient to control the danger, and the Department chooses to remove
the child(ren) from the home and file a dependency petition.
Identifying Responsible Adult(s) to Implement Protective Actions
In order to implement a present
danger plan, a responsible adult must be identified who is able to
carry out the protective actions. The responsible adult could be a
parent/caregiver, another adult who meets the criteria listed below, or a
service provider who agrees to be responsible for a protective action.
The responsible adult(s) must be present and be able to take action at
any time a threat of danger is present.
Engage the family and ask for
their assistance in identifying appropriate responsible adults who can
assist in ensuring the child’s safety. Obtain information to determine
if the responsible adult and members of his/her household (if
applicable) are appropriate for this role. Meet in-person with any
identified responsible adult to assess his/her ability to be responsible
for protective actions. Areas to consider include whether the adult:
- has demonstrated the ability to protect the child in the past (with or without DCS involvement) while under similar circumstances and family conditions;
- believes the child’s report of maltreatment and is supportive of the child;
- is capable of understanding the specific threat to the child and the need to protect the child;
- displays concern for the child and the child’s experience and is intent on emotionally protecting the child;
- has a strong bond with the child and he/she is clear the number one priority is safety and well-being of the child;
- is physically able to intervene and protect the child;
- does not have significant individual needs that might affect the safety of the child, such as severe depression, lack of impulse control, medical needs, etc.;
- is emotionally able to carry out a plan and/or to intervene to protect the child (not incapacitated by fear of maltreating person);
- has adequate knowledge and skill to fulfill caregiving responsibilities and tasks (this may involve considering the caregiver’s ability to meet any exceptional needs that the child might have);
- has asked, demands, and expects the maltreating adult to follow the conditions of the present danger plan and can assure the plan is effectively carried out;
- consistently expresses belief that the maltreating person is in need of help and he/she supports the maltreating person getting help (this is the individual’s point of view without being prompted by DCS);
- while having difficulty believing the other person would maltreat the child, the individual describes the child as believable and trustworthy;
- has adequate resources necessary to meet the child’s basic needs;
- is cooperating with the DCS Specialist’s efforts to provide services and assess the specific needs of the family; and
- does not place responsibility on the child for the problems of the family.
If the results of the criminal
records check are not immediately available, gather information from the
prospective responsible adult regarding criminal history, complete a
public records check, and contact local law enforcement to complete a
records check. Within 24 hours, complete the criminal records check with
DPS. If appropriate, request history from out of state child welfare
systems (when the responsible adult has resided in another state).
- a search for prior AZ DCS involvement;
- a criminal records check with the Department of Public Safety for all adults residing in the home; and
- an inspection of the home to ensure there are no safety hazards, utilizing the Home Safety Checklist for Kinship Foster Caregiver Household, CSO-1014.
If the present danger plan
includes the child residing in the home of an unlicensed relative or
non-relative follow the procedures in Kinship Care.
If the present danger plan
includes the child residing with a parent, guardian, or custodian who
resides in a different household from the home of the alleged abuse or
neglect, so that the household was not assessed within the Family
Functioning Assessment, consider the following:
- What experience does the parent have with parenting this or other children? Does the parent have knowledge of parenting and child development?
- Does the parent know and practice positive methods of discipline?
- What support with the parent require to provide for the child’s needs (medical, behavioral health, dental, special needs, transportation, communicating with professionals, etc.)?
- How will the parent provide sufficient and appropriate supervision for the child, including after-school or childcare if necessary? (If childcare will be paid for by DCS, include in the case plan.)
- As appropriate, how is the parent able to assist the child in family time/visitation and other forms of communication with the other parent and siblings?
- Is the parent willing and able to participate in meetings (TDMs, CFTs, IEPs, etc.)?
- Does the parent aware that DCS and service providers will visit the home in order to fulfill safety plan oversight and service provision responsibilities?
- What new expenses are anticipated if the child is placed in the home? Will the parent be able to provide sufficient care for the child without causing financial hardship for the family?
- Will the parent need services or supports to maintain the child safely in the home? (Include any needed services and supports in the case plan.)
The DCS Specialist maintains
responsibility and accountability for the sufficiency and implementation
of the present danger plan, which includes oversight to ensure that all
responsible parties are carrying out the actions and duties in the
plan. The use of a responsible adult does not relieve the DCS
Specialist of responsibility for oversight and administration of the
present danger plan or continued assessment of the child’s safety. The
present danger plan is intended to remain active until information is
gathered to either eliminate the need for the present danger plan or
create a safety plan due to identified impending danger threats. For the
duration of the present danger plan, the DCS Specialist must
continually review the adequacy of the protective action(s), and modify
the plan when necessary. For effective oversight, the DCS Specialist
must have an adequate understanding of the status of the present danger
conditions(s) and the sufficiency, feasibility, and sustainability of
the protective actions identified; and must anticipate potential crisis
situations.
A present danger plan may
not be in place for more than 14 days. Within the 14 days, the Family
Functioning Assessment must be prioritized in order for the DCS
Specialist to complete an analysis of impending danger and determine the
need for a safety plan to replace the present danger plan.
Present Danger Plan Options
In-home, combination, and
out-of-home present danger plan options are available. The DCS
Specialist shall work with the family to identify the least intrusive
plan that is sufficient to control the present danger condition(s). For
the purposes of this section, “the home” refers to the location where
the unsafe child is presently residing and where the danger threats need
to be managed; for example, the child may be presently located in the
family home, a hospital, a shelter, or other location.
The DCS Specialist works with
the family to select one or more of the following present danger plan
options, which are listed in order from least to most intrusive:
- The threatening person leaves the home.
- This option exists when the DCS Specialist is certain a responsible adult currently living in the home is adamant and committed to maintaining the absence of the threatening person, and the threatening person agrees to leave the home or is removed from the home by law enforcement.
- The threatening person must remain out of the home throughout the time frame of the present danger plan.
- This is an in-home present danger plan option.
- The protective parent and child leave the home and go to a safe environment.
- This option exists when there is a protective parent who is willing to leave the home of the threatening person, and a safe temporary environment is available throughout the time frame of the present danger plan (such as the home of a relative, or a domestic violence shelter).
- In order to implement this type of plan, it must be determined that the protective parent will consistently act to keep the child safe.
- This is an in-home present danger plan option.
- A responsible adult is in the home at pre-determined specific times.
- This option works when the safety threat happens at specific times and is predictable in frequency and nature. For example, when the safety threat involves inadequate feeding of a child with medical needs, a responsible and capable adult could come to the home at each meal time.
- This option exists when a member of the family network, an informal support person, or a professional is available to be in the home periodically, as a responsible adult. This plan must include specificity in terms of when the adult will be in the home, how long the adult will be in the home, under what circumstances, and for what purpose.
- This option only exists when the parent(s) agree to have the adult in their home at the times specified in the plan.
- This is an in-home present danger plan option.
- A responsible adult routinely monitors the home.
- This option works when the threatening condition is not present at all times. For example, when the safety threat involves a parent who is occasionally incapacitated by depression and then unable to keep the home sufficiently clean, a responsible adult could monitor the mother’s mental health and the home’s condition by making a home visit every day.
- This option exists when a member of the family network, an informal support person, or a professional is available to routinely monitor the home. “Routinely” must be defined in terms of frequency and circumstance. What is being monitored must be delineated.
- This option only exits when the parent(s) agree to have the responsible adult monitor the home.
- This is an in-home present danger plan option.
- A responsible adult moves into the home seven days a week, 24 hours per day.
- This option may be the least intrusive when the safety threat is happening at all times, or does not follow a predictable pattern.
- This option exists when a responsible adult is available to move into the home throughout the time frame of the present danger plan.
- The option only exists when parent(s) agree to have the adult reside in the home seven days a week, 24 hours per day.
- This is an in-home present danger plan option.
- The child is cared for outside the home periodically.
- This option works when the present danger happens at specific times and is predictable in frequency and nature.
- This option exists when arrangements can be made so that the child is not at home when the present danger is known to occur. For instance, a father may be protective but cannot be home during the day, so child care is used to separate the child from the present danger posed by the mother’s behavior. Any resource that supports temporary separation is acceptable such as babysitting, recreation programs, staying with a relative or neighbor, and so forth.
- This option only exits when the parent(s) agree to the arrangements in the plan.
- This is a combination present danger plan option.
- The child lives with someone in the family network part-time.
- This option works when the present danger happens at specific times and is predictable in frequency and nature.
- This option exists when there is a responsible adult with whom the child can live part-time. For instance, a child might live with grandparents on weekends while the Family Functioning Assessment continues toward completion. This option could be used in combination with the child attending school and an after-school recreation program while living with the parents during the work week.
- This option only exits when the parent(s) agree to the arrangements in the plan.
- This is a combination present danger plan option.
- The child lives with a responsible adult for seven days per week, 24 hours per day.
- This option may be the least intrusive when the safety threat is happening at all times or does not follow a predictable pattern, and there is no responsible adult who is able and willing to move into the family home seven days per week, 24 hours per day.
- This option only exists when the parent(s) are willing to voluntarily and temporarily relocate the child from the parents’ home to the home of a responsible adult in the family network, agreed upon by the parent(s) and the DCS Specialist. The parents must also be willing to cooperate to ensure that the child’s medical, educational, and behavioral health needs are met.
- This option exists when there is a responsible adult in the family network with whom the child can live seven days per week, 24 hours per day, throughout the time frame of the present danger plan.
- In order to implement this type of plan, the adult must be approved by the DCS Specialist, and the present danger plan must be overseen by the Department.
- This is an out-of-home present danger plan option.
- The child is placed in the temporary custody of DCS by a Voluntary Placement Agreement, CSO-1043.
- This option may be the least intrusive when the safety threat is happening at all times, or does not follow a predictable pattern, and a Voluntary Placement Agreement is necessary because the parent agrees to have the child live temporarily outside of home and there is no responsible adult in the family network, so the child needs to reside with a foster parent.
- In order to implement this type of plan with a non-licensed caregiver, it must be determined that the proposed adult is responsible, available, has no competing demands, and is trustworthy. Refer to Voluntary Placement for more information.
- If the child is subject to the Indian Child Welfare Act, refer to Voluntary Placement of an Indian Child for specific procedures.
- The option only exists when the parent(s) agree to the Voluntary Placement Agreement.
- This is an out-of-home present danger plan option.
- The child is placed in the temporary custody of the Department.
- This is the most intrusive present danger plan and is only used when all other options are explored and not possible or sufficient to control the safety threats long enough to complete the Family Functioning Assessment.
- This option is necessary when there is present danger and the parents, guardians, or custodians cannot or will not cooperate or participate in a less intrusive present danger plan that would be sufficient to control the safety threats.
- If a child is taken into temporary custody, the DCS Specialist shall provide written notice (a Temporary Custody Notice) within six hours to the parent or guardian of the child, unless:
- The parent or guardian is present when the child is taken into custody, then written and verbal notice shall be provided immediately.
- The residence of the parent or guardian is outside this state and notice cannot be provided within six hours, then written notice shall be provided within twenty-four hours.
- The residence of the parent or guardian is not ascertainable, then reasonable efforts shall be made to locate and notify the parent or guardian of the child as soon as possible.
- The Temporary Custody Notice shall list the specific reasons as to why the child is being removed. The notice shall list the specific dangers that caused the determination that the child is unsafe.
- The Temporary Custody Notice shall list services that are available to the parent or guardian, including a statement of parental rights and information on how to contact the ombudsman-citizens aide's office and an explanation of the services that office offers.
- The DCS Specialist shall list the date and time of the taking of a child into custody on the Temporary Custody Notice, as well as the name and telephone number of the assigned DCS Specialist and Program Supervisor.
- A child who is taken into temporary custody must be returned to their parent(s) and/or guardian within seventy-two hours excluding Saturdays, Sundays, and holidays unless a dependency petition is filed.
- If a child is taken into temporary custody for an examination, the child must be returned within twelve hours unless abuse or neglect is diagnosed. The DCS Specialist will notify the parent(s) and/or guardian if the child will not be returned within the twelve hour time frame.
- A Team Decision Making meeting should be held within 48 business hours of removal, unless the child is able to return home; the present danger has been resolved; and no impending danger was assessed during the analysis of the Family Functioning Assessment.
- This is an out-of-home present danger plan option.
Implement the least intrusive
present danger plan, given the unique circumstances of the family,
including the family’s capacity to ensure child safety.
When a present danger plan is
implemented, the DCS Specialist will make concerted efforts to complete
the Family Functioning Assessment as quickly as possible and within no
more than 14 days of implementing the present danger plan. Complete a
written Present Danger Plan (CSO-1034A)
form with the family, identified responsible adults, and/ or safety
service providers. The plan will describe the specific action(s) that
each adult is responsible for to sufficiently control the danger
threat(s), when the action(s) are needed, the end date of the present
danger plan, the level of contact allowed between the child and each
parent/caregiver, and how the DCS Specialist will oversee that the plan
is followed and sufficient.
Following the completion of the
Family Functioning Assessment, the DCS Specialist will schedule a
safety planning Team Decision Making (TDM) meeting to occur within no
more than 14 days of implementing the present danger plan, unless the
child is able to return home; the present danger has been resolved; and
no impending danger was assessed during the analysis of the Family
Functioning Assessment. If a TCN was served as part of the present
danger plan, a Present Danger TDM must be held within 48 business hours.
Supervisor Consultation
A Program Supervisor must be
involved in developing the present danger plan and must approve any
present danger plan the DCS Specialist initiates with the family. The
DCS Specialist and Program Supervisor ensure the protective actions in
the present danger plan are the least intrusive actions that are
sufficient to control the present danger condition(s) until the Family
Functioning Assessment is complete and it is determined the child is
safe or a safety plan is created.
When present danger is
identified by the DCS Specialist, a supervisor consultation to review
the DCS Specialist’s assessment of present danger is required prior to
the DCS Specialist leaving the child/family. During the consultation,
the Program Supervisor should evaluate whether the danger is immediate,
significant, and clearly observable:
- Can the DCS Specialist clearly and specifically describe the dangerous family condition, child condition, or individual behavior that is active and currently endangers the child? In what observable ways is the danger actively in the process of placing a child in peril?
- Can the DCS Specialist clearly and specifically describe how the dangerous condition or behavior is exaggerated, out of control, and/or extreme? Can the DCS Specialist specifically describe how the anticipated harm is significant (could result in pain, serious injury, disablement, grave or debilitating physical health condition, acute or grievous suffering, impairment, or death)?
- Does the DCS Specialist feel compelled to take action immediately to ensure the protection of the child? If so, what present danger plan options have been considered with the family?
When present danger is
identified by the DCS Specialist during a subsequent visit to the home
or at any point in the life of the case, a follow up supervisor
consultation should be conducted to review the considerations above.
Documentation
For field investigations, using the Child Safety and Risk Assessment (CSRA), document the following:
- background information in Section I (Background Information);
- contacts, interviews, and observations in Section II (Interviews with all required parties);
- assessment and
identification of present danger in Section III A (Analysis and
conclusion of present danger), as soon as possible and within no more
than two work days of interviewing or observing an alleged child victim
as follows:
- Narrative documentation shall include the child’s name; the contact’s date, time, and location; and a description of each child’s environment and condition at the time of the initial contact.
- If present danger is assessed as occurring at the time of initial contact, document the specific family condition, child condition, or individual behavior and how it meets the criteria of immediate, significant, and clearly observable.
- Include documentation of the present danger plan developed with the family. Note the date on which the parent/caregiver and, if applicable, the responsible adults were provided with a copy of the present danger plan.
- The name of the Program Supervisor who was consulted during the assessment of present danger and provided approval of the development of a present danger plan (if applicable).
For voluntary or court-involved cases, using the Continuous Child Safety and Risk Assessment (C-CSRA), document:
- as soon as possible and within no more than two work days of interviewing or observing a child in present danger, the specific family condition, child condition, or individual behavior as observed by the DCS Specialist, in Section II, A,
- how it meets the criteria of immediate, significant, and clearly observable, in Section II, B,
- the name of the Program Supervisor who was consulted during the assessment of present danger and provided approval of the development of a present danger plan; and
- the present danger plan developed with the family, including the date on which the parent/caregiver and, if applicable, the responsible adults were provided with a copy of the Present Danger Plan.
File a copy of the Present
Danger Plan (CSO-1034A)in the case record, or include a scanned copy of
the Present Danger Plan in CHILDS using case notes, Key Issues type.
If the child is removed, complete the applicable removal windows in CHILDS.
Supervisor Documentation
For investigations, Program
Supervisors will document the supervisory consultation and approval of
the Clinical Supervision Decision in Section IV (Clinical Supervision
Decision) of the Child Safety and Risk Assessment (CSRA). For voluntary
or court-involved cases, Supervisors will document the Clinical
Supervision Discussion in Section III, A of the C-CSRA.
Effective Date: January 19th, 2018
Revision History: November 30, 2012;
May 31, 2013, July 1, 2013, February 6, 2016, September 22, 2016, June
9th, 2017, October 25, 2017
Chapter 2: Section 5Family Functioning Assessment at Investigation
Policy
Procedures:
Family Functioning Assessment – Investigation (FFA – Investigation)
The assessment and management of child safety is initiated during the initial contact with the family and is continued throughout the investigation. The purpose of the Family Functioning Assessment is to gather sufficient and relevant information to make an informed decision about whether the child is safe or unsafe. The Family Functioning Assessment and analysis of information guides the DCS Specialist’s decisions about the child’s safety and what, if any, actions should be taken to protect the child
- gathering information on the six domains of family functioning: extent of the maltreatment, circumstances surrounding the maltreatment, child functioning on a daily basis, adult functioning on a daily basis, general parenting practices, and discipline and behavior management;
- identifying whether there is a threat of danger to any child in the home of the alleged abuse or neglect;
- assessing each household members’ protective capacity to control any threats of danger to the child(ren);
- applying the five safety threshold criteria to any identified threat of danger; and
- determining whether each child in the home is safe or unsafe due to impending danger.
A child is unsafe when there is a threat of danger to the child, the child is vulnerable to the threat of danger, and there is not sufficient parent/caretaker protective capacity to manage the danger.
If there is indication a child is unsafe, consult with a DCS Supervisor and use the Child Safety Intervention Guide to assist in determining if the child is safe or unsafe.
Gathering Information on the Six Domains of Family Functioning
Once an assessment of
present danger is complete, the DCS Specialist shall proceed with the
Family Functioning Assessment (FFA) to determine whether any child is
unsafe due to impending danger.
The
functioning of the following individuals must be assessed during the
Family Functioning Assessment and documented in the CSRA:
- the identified child victim(s);
- any other child(ren) living in the home of the alleged abuse or neglect;
- the alleged perpetrator(s);
- the parent(s), guardian(s), and custodian(s) of the child victim(s) living in the home of the alleged abuse or neglect;
- parent(s), guardian(s), and custodian(s) of the alleged child victim(s) living in a different household, if the whereabouts can be reasonably determined; and
- other adults living in the home of the alleged abuse or neglect (including the spouse, boyfriend, girlfriend, significant other, etc.) who have caregiving responsibilities.
The DCS Specialist
will conduct interviews, in-person observations, and document reviews
to gather the following information to assess family functioning,
threats of danger, and parent/caregiver protective capacities:
1. Extent of child maltreatment
- Assess for all types of maltreatment, not just the current allegation(s)
- Severity of the maltreatment
- Duration, pattern, progression of the maltreatment
- Emotional and physical symptoms
- Specific events, injuries, and circumstances
2. Circumstances surrounding the maltreatment
- Analysis of previous maltreatment
- History, duration, chronicity, increase in severity of maltreatment
- Influences that led to the maltreatment occurring
- Parent/caregiver’s explanation for maltreatment events or circumstances
- Parent/caregiver’s openness and truthfulness/response to DCS
- Contextual issues such as the use of objects, threats, intent, bizarre behavior
- Parent/caregiver’s acknowledgement of and attitude about the maltreatment
3. Child functioning on a daily basis
- Child’s explanation of maltreatment or events/circumstances
- Child’s understanding of family circumstances/conditions
- Ability to communicate
- Physical/dental health and healthcare
- Developmental status (cognitive and physical)
- School attendance and performance
- History of being sexually reactive/sexualized behavior
- Mood, emotion, and mental health including suicidal or homicidal thoughts/behavior
- Risk-taking behavior (substance use/sexual activity/runaway)
- Traumatic experiences other than maltreatment (e.g. witnessing violence or major loss)
- Peer/adult relationships, social outlets/activities,
- Sleeping arrangements, including assessment of infant’s sleep environment
- Sibling relationships
- Child’s perception of relationship with parent(s)
- Child’s awareness/understanding of drugs and alcohol
4. Adult functioning on a daily basis
- Income and resource management/employment patterns/housing stability
- Parent/caregiver’s history of abuse/neglect as a child
- Trauma history (e.g. sexual, victim of violence, emotionally abused)
- Criminal behavior/history
- Problem awareness and problem solving skills
- Impulse control
- Physical health and healthcare
- Mood, emotion, temperament, affect
- Cognitive ability/intellectual functioning
- Reality orientation/perception
- Dependability and maturity
- Quality of family relationships
- Coping styles/stress management/ability to meet own emotional needs
- History of or current domestic violence/power and control cycle (victim or perpetrator)
- Aggressive or violent behavior/other family violence
- Mental health (diagnoses, medications, undiagnosed mood or behavior concerns)
- Substance use (history from first use to current, use of drugs and/or alcohol in childhood home/parent’s perception of effect of substance use on current circumstances)
- Social relationships/degree of isolation/existence of positive supports
- Educational history/literacy
- Tolerance
5. General parenting practices
- History of protective behavior
- Ability to accurately identify threats to child safety or recognize danger
- Perception of the child
- Ability to put child’s needs before their own
- Displays concern for child
- Emotionally able to intervene to protect
- Knowledge of child development
- Manner of responding to child
- Expresses love, empathy/sensitivity for child
- Knowledge and demonstrated skill in parenting
- Awareness of and rationale for parenting style
- History of/experience with parenting (this or other child(ren)
- Cultural practices related to parenting
- Parent is aligned with the child
- Adaptive and assertive as a parent/caregiver
- Understands own protective role and can articulate plan to protect child
6. Discipline and behavior managementIf a joint investigation is being completed with law enforcement during a criminal conduct investigation; at times, law enforcement and/or the alleged maltreating caregiver’s attorney will consent to an interview if the maltreatment “incident” is not discussed. In those instances, the DCS Specialist should refrain from asking questions related to domains 1 and 2 listed above.
- Methods of discipline
- Concepts and purpose of discipline
- Cultural practices related to discipline
- Emotional state of parent when disciplining
- Is discipline based on reasonable expectations of the child
- Self-awareness regarding the effectiveness of disciplinary approaches and parent/caregiver’s reaction(s) toward the child
- Expectations for child behavior and response
- Can explain the difference between parenting and discipline
The DCS Specialist will gather information about the household of a parent, guardian, or custodian of an alleged child victim who does not reside in the home of the alleged abuse or neglect, if the person’s whereabouts can be reasonably determined, including information about:
- who resides in the parent’s, guardian’s, or custodian’s household;
- extent and nature of substance use in the home;
- nature of relationships between the parents and between adults in the home, including shared-parenting arrangements and any history of violence;
- mental health of the adults in the home;
- disciplinary practices in the home;
- general parenting practices in the home;
- supervision and child care arrangements; and
- whether the child identifies harm from, or fear of, a person in the home.
If the information gathered indicates that a situation or adult behavior in the household could pose a safety threat to a child, collect additional information to explore the area of concern. Make a report to the Child Abuse Hotline and conduct a separate Family Functioning Assessment of this household if the information collected reveals new or previously unreported incidents of abuse or neglect, or possible safety threats in the household.
Identifying Threats of Danger to a Child
Impending
danger refers to a child being in a continuous state of danger due to
caregiver behaviors, attitudes, motives, emotions and/or situations
posing a specific threat of severe harm to a child. Impending danger is
often not immediately apparent and may not be active and threatening
child safety upon initial contact with a family. Identifying impending
danger requires thorough information collection regarding family and
parent/caregiver functioning to sufficiently assess and understand how
family conditions occur.
In order to determine if a child is in impending danger, the information gathered on the six domains of family functioning must be sufficient to indicate whether a safety threat exists and if so, how it meets all five safety threshold criteria. The safety threats are as follows:
- Parent, guardian, or custodian leaves child alone or fails to provide adequate supervision and child is not capable of caring for self, or leaves child with persons unwilling or unable to provide adequate care, and as a result, the child is likely to suffer serious or severe harm.
- Parent, guardian, or custodian deliberately harmed the child, has caused serious or severe harm to the child, or has made a threat to cause serious or severe harm to the child.
- Parent, guardian, or custodian’s explanation for the child’s injury or physical condition is inconsistent with the observed or diagnosed injury or condition.
- There is evidence of abuse or neglect and the parent, guardian, or custodian cannot produce the child, refuses access to the child, is likely to flee with the child, or is actively avoiding DCS.
- Child sexual abuse is suspected and perpetrator access places the child in immediate serious or severe harm.
- Physical conditions of the home are hazardous and may directly cause serious or severe harm to the child.
- Child is profoundly fearful of parent, guardian, or custodian, other family members or other people living in or having access to the home.
- The behavior of a child living in the home threatens serious or severe harm to him/herself or to others and the parent, guardian, or custodian cannot control the behavior or is unwilling or unable to arrange or provide necessary care.
- Parent, guardian, or custodian’s behavior is violent, bizarre, erratic, unpredictable, incoherent, or totally inappropriate and may cause serious or severe harm to the child.
- Dynamics in the household include an individualadult establishing power, control, or coercion over a caregiver in a way that impairs the necessary supervision or care of the child and has caused, or will likely cause, serious or severe harm to the child’s physical, mental, or emotional health.
- Parent, guardian or custodian is unable to perform essential parental responsibilities due to alcohol/substance use, mental health conditions, physical impairment, or cognitive limitations, and as a result, the child is likely to suffer serious or severe harm.
- The parent, guardian, or custodian’s involvement in criminal activity or the criminal activity of any other person living in or having access to the home may result in serious or severe harm to the child.
- Parent, guardian, or custodian has extremely negative perceptions of the child, and/or is hostile when talking to or about the child, and/or has extremely unrealistic expectations for the child’s behavior.
- Parent, guardian, or custodian has not, cannot, or will not protect a child from serious or severe harm, including harm from other persons living in or having access to the home.
- Parent, guardian, or custodian is unable or unwilling to perform essential parental responsibilities or to meet the child’s immediate needs for food, clothing, shelter, and/or medical or mental health care, which may result in serious or severe harm to the child.
- Parent, guardian, or custodian previously threatened the safety of a child and/or caused harm to a child and circumstances indicate the person could cause serious or severe harm to the child.
Assessing Parent/Caretaker Protective Capacities
Protective capacities are personal qualities or characteristics that contribute to vigilant child protection. They are personal and parenting characteristics that specifically and directly can be associated with being protective of one’s children. They are “strengths” that are explicitly associated with one’s ability to perform effectively as a parent in order to provide and ensure a consistently safe environment.
Assessment of a parent/caregiver’s capacity to protect a child begins with identifying and understanding how specific safety threats are occurring within the family system. At this point in the assessment process, the DCS Specialist determines whether each parent/caregiver has demonstrated the specific protective capacities associated with the identified threats of danger to a child.
Consider the following behavioral, cognitive, and emotional parental/caregiver protective capacities when gathering information for the Family Functioning Assessment:
- Behavioral Protective Capacity – Specific action, activity, performance that is consistent with and results in protective vigilance.
- Cognitive Protective Capacity – Specific intellect, knowledge, understanding, and perception that results in protective vigilance.
- Emotional Protective Capacity – Specific feelings, attitudes, identification with a child and motivation that results in protective vigilance.
The DCS Specialist’s assessment of protective capacity pertains to the parent/ caregiver’s overall functioning, and is not based solely on an isolated incident or singular event. The DCS Specialist will assess all of the following 19 protective capacities in relation to the adult’s overall functioning and general parenting practices.
In the Child
Safety and Risk Assessment (CSRA), indicate whether or not the
parent/caregiver(s) have demonstrated protective capacities in each of
the following areas:
| Behavioral Protective Capacities | Cognitive Protective Capacities | Emotional Protective Capacities |
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If the DCS
Specialist is unable to assess the parent/caretaker protective
capacities due to an inability to locate or a parent’s refusal to
participate in the assessment after attempting to engage him/her,
indicate unknown for each protective capacity.
Applying the Five Safety Threshold Criteria
Following the
identification of a threat of danger to a child, the DCS Specialist
shall determine whether the child is in impending danger by applying the
following five safety threshold criteria. All five criteria must be met for at least one identified safety threat in order to determine a child is in impending danger.
- Observable Family Condition: A family condition that endangers a child and is real, can be described and reported, and is evidenced in explicit and unambiguous ways. This does not include suspicion or gut feelings.
- Vulnerable child: A vulnerable child is dependent on others for sustenance and protection, and/or is exposed to circumstances that she or he is powerless to manage. Vulnerability is judged according to age, physical and emotional development, and ability to communicate needs and seek protection.
- Unmanaged: The family conditions pose a danger to the child and are unmanaged, without limits or monitoring, and not subject to influence, manipulation or internal power within the family’s control (that is, no one in the family can control the situation). There are insufficient caregiver protective capacities to manage the danger threat.
- Severity: Severity is the harshness of the effects of maltreatment that would include harm that has just occurred, is occurring now, or could potentially occur in the near future. Severe harm is something that results in serious pain, serious injury, suffering, terror, extreme fear, impairment or death.
- Imminent: A belief that threats to child safety are likely to become active without delay; a certainty about occurrence within the immediate to near future. This is consistent with a degree of certainty or inevitability that danger and severe harm are possible, even likely outcomes, without intervention.
Note: If a child is a registered member or an eligible member of a Native American Tribe, please refer to Chapter 6 Indian Child Welfare for more information as to specific laws pertaining to the assessment, removal, and placement of an Indian child.
At the conclusion
of the Family Functioning Assessment, determine the safety threats that
are present and explain how each threat meets all five safety threshold
criteria. For each safety threat identified, specify the child(ren),
adults, and household to which it applies.
Making the Safety Determination – Safe or Unsafe
For each alleged
child victim, the DCS Specialist, in consultation with a DCS Program
Supervisor, must make a determination as to whether the child is safe or
unsafe.
- A child is safe if there is no threat of danger to the child.
- A child is safe if an existing threat of danger to the child is being effectively controlled and managed by a parent, guardian, or custodian in the home.
- A child is unsafe when there is a threat of danger to a child that meets all five safety threshold criteria, including that the parent/guardian does not have sufficient protective capacity to effectively control and manage the danger without DCS intervention and oversight.
Safe
If all of the
children subject to the investigation are determined to be safe, the DCS
Specialist, in consultation with a DCS Program Supervisor, will
identify the appropriate level of services to be provided or recommend
to the family. If the case will not remain open for services with the
Department, conduct aftercare planning with the family. Refer to Aftercare Planning for more information.
Unsafe
When a child is
determined to be unsafe, the DCS Specialist must identify the least
intrusive safety plan sufficient to manage the impending danger. See Safety Planning
Assessment of a Child in the Hospital, Incarcerated/Detained, or in Out-of-Home Care
While a child
victim is hospitalized, incarcerated, in detention, or in out-of-home
care, the Family Functioning Assessment is conducted based on the
child’s return home environment.
The FFA is
completed on DCS cases and some Young Adult Program (YAP) cases only.
The FFA does not need to be completed under the following circumstances:
- Out-of-Home Caregivers – This includes foster, relative, adoptive or non- custodial parent homes unless the caregiver or any member of the household is identified as an alleged perpetrator in a new report.
- Action Requests - Communications that do not require an investigation, but may require an action by DCS. These specific communications are contained in the DCS Response System, Prioritizing Reports and Response.
- Border Cases - A case involving a child whose family does not reside within the United States and the Department’s involvement is limited to returning the child to his/her family in coordination with U.S. Border Patrol and/or ICE and the case is being closed.
- False (Malicious) Reports - After investigation, evidence indicates the reporting source knowingly and intentionally made a false (malicious) report, and the investigation results in no identified safety concerns or indication of risk. To determine if the reporting source knowingly and intentionally made a false report and should be referred to the County Attorney, refer to Substantiating Maltreatment.
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Both parents are deceased or have had their parental rights terminated, and there is no guardian.
The FFA is not completed for the following case types:
- Adoption
- Adoption Subsidy
- Adoption Registry
- Guardianship Subsidy
- ICPC
- DDD Eligibility
- IV-E Eligibility
- Non-DES Eligibility
Documentation
Using the Child Safety and Risk Assessment (CSRA), document:
- information gathered in relation to each of the six domains of family functioning from each case participant contacts;
- information gathering from collateral contacts and reviewed documents;
- conclusions about the protective capacities of each parent/caregiver by indicating yes, no, or unknown for each of the 19 protective capacities;
- the determination of whether each child in the home of the alleged abuse or neglect occurred is safe or unsafe due to impending danger;
- if it is determined that a child is unsafe, all safety threats that exist and how each of the threats meets all five safety threshold criteria;
- if it is determined that a child is unsafe, the in-home, combination, or out-of-home safety plan.
If the child is removed, complete the applicable removal windows in CHILDS. See Emergency Removal for procedure.
Document information gathered about parents, guardians or custodians who reside in a different household, in the CSRA under the related person’s interview.
Documentation in the CSRA should be complete within 45 days of investigation assignment.
Utilize the SAFE AZ CSRA Documentation Guide for further documentation instructions.
Supervisors
Through a case
file review and/or consultation, the DCS Program Supervisor ensures the
DCS Specialist has gathered sufficient information to assess the six
domains of family functioning, identify threats of danger to any child
in the home, and determine parent/caregiver protective capacities.
Through a case file review and/or consultation, the DCS Program
Supervisor ensures that the information gathered and documented supports
the DCS Specialist’s determination of whether each child is safe or
unsafe, including that any identified impending danger safety threats
meet all five of the safety threshold criteria.
Supervisors shall
document the Clinical Supervision Discussion and approval of the
Clinical Supervision Decision in Section IV (Clinical Supervision
Decision) of the CSRA, within five days of investigation completion or
opening the case for ongoing services.
Legal
A.R.S. § 8-451 Department (of Child Safety); Purpose
A.R.S. § 8-456 Investigative function; training; criminal offenses; definition
A.R.S. § 8-801 Dependent Children; Definitions
A.A.C.R21-4-103 Methods of Investigation
Effective Date: January 31, 2018
Revision History: November 30, 2012; May 31, 2013, July 1, 2013, February 6, 2016, September 22, 2016, June 12th, 2017
Chapter 2: Section 6Substantiating Maltreatment
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The Department
shall enter an investigation finding within 45 days of the date that the
Department received the initial report information.
The Department
shall notify the alleged perpetrator (alleged abuser) and the reporting
source (if source is a parent, guardian or custodian) of the
investigation finding in writing at one of the following times:
The Department
shall advise the parent, guardian or custodian of his or her right to
appeal their proposed substantiated finding before entry of the finding
into the CHILDS Central Registry and of the right to receive a redacted
copy of the report.
If the
investigation indicates the probability the reporting source knowingly
made a false report, the DCS Specialist shall consult with the Attorney
General's Office regarding referral to law enforcement.
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Procedures
Making the Investigation Finding “Unable to locate”
If you are unable to complete
the investigation because you are unable to find the child victim, refer
to Unable to Locate Procedures in Assessment .
- Were reasonable efforts made to locate the child victim? See procedures in “Efforts to Locate the Child and Family”.
- Is the location of the identified child victim unknown despite reasonable efforts to locate the child?
- Is there insufficient evidence to conclude the child was abused or neglected without interviewing or observing the child?
Documentation
Enter a finding of "unable to locate" in the Investigation Allegation Finding Window (LCH048) when:
- the child victim cannot be located; and
- there is insufficient evidence to conclude that the child was abused or neglected without interview or observing the child.
- This finding will remain in CHILDS and is not subject to the appeals process.
Making an Investigation Finding
Consider the following questions in your investigation:
- Are there facts which support a probable cause finding that abuse or neglect occurred? PROBABLE CAUSE means the information gathered during the investigation would lead a reasonable person to believe that an incident of abuse or neglect occurred, and that the abuse or neglect was committed by the parent, guardian or custodian.
- Has any parent, guardian or custodian admitted being abusive or neglectful?
- Did the parent, guardian or custodians have reason to know another person would abuse or neglect the child? How did they know?
- Did the parent, guardian or custodian allow another person to abuse or neglect the child and fail to take appropriate action? How and when?
- Did the child provide age appropriate description and details of abuse or neglect?
- Did the child identify the person who caused the abuse or neglect?
- Are there any witnesses? What did they see? Did they document what they saw?
- Did you observe physical or behavioral signs of abuse or neglect? Are these signs consistent with the account provided by the child, witnesses or the alleged abusive parent, guardian or custodian?
- What do the reports of medical professionals, psychologists or other professionals indicate? If there are conflicting professional opinions, consult with a Multidisciplinary Team (including a physician) with 48 hours.
- Is there a diagnosis by a medical doctor or psychologist that the child is suffering serious emotional damage as evidenced by severe anxiety, depression, withdrawal, or untoward aggressive behavior that is the result of behavior by the parent, guardian or custodian?
- What do the reports of law enforcement indicate? What forensic evidence has law enforcement provided?
- To what extent is the information provided by members of the family consistent?
Additional information to be considered in substantiating or unsubstantiating the allegation:
- Is there a prior history of child abuse or neglect? Does the current report involve the same abusive parent, guardian or custodian and child? Does the current report involve allegations similar in nature to previous reports?
- Is there a pattern of domestic violence or substance abuse by the child’s caregivers that contributes to the child’s abuse or neglect? Has this been verified by background checks, police contact, verbal reports from caregivers, the child, other collateral contacts or DCS Specialist observation?
Enter a finding of
unsubstantiated when the information gathered during the investigation
does not support that an incident of abuse or neglect occurred based
upon a probable cause standard. This finding will remain in CHILDS.
Determining the credibility of information
Consider the following questions in your investigation:
- Is the child able to provide consistent descriptions or details about the abuse or neglect? Please consider the child’s age and development.
- Is the child known by others to be truthful? Again, consider the child’s age and development.
- Is the information corroborated by other independent evidence?
- Was the information provided at the same time as the incident or immediately after?
- Does the information contain sufficient detail?
- Was the information consistent throughout the investigation?
- Does the source of information have a motive to lie?
- Was the information prepared in the official course of business? (i.e. reports from police, emergency medical personnel, physicians).
- Is the reporting source related to the alleged abusive parent, guardian or custodian or has an interest in the outcome of the investigation?
- Is the reporting source of the information willing to sign a statement/ affidavit or testify in a court proceeding?
Documentation of Investigation Finding
Using
the Child Safety and Risk Assessment (CSRA), record all information
obtained from persons interviewed, and correspondence received.
Describe:
- the type of abuse or neglect that occurred;
- physical description or condition of the child;
- the shape, size, color, location of injuries;
- the unreasonable risk of harm to the child;
- physical condition of the home;
- statements from the psychologist or physician that the child is exhibiting severe anxiety, depression, withdrawal or untoward aggressive behavior which is caused by the parent, guardian or custodian;
- evidence of sexual activity involving a child;
- evidence of deliberate exposure of a child to sexual activity;
- evidence of reckless disregard of whether the child is physically present during sexual activity;
- evidence of the determination by a health professional that a newborn was exposed prenatally to a drug or substance;
- evidence of a diagnosis by a health professional that an infant under one year of age with clinical findings consistent with fetal alcohol syndrome (FAS) or fetal alcohol effects (FAE);
- evidence that of the use by the mother of a dangerous drug, a narcotic drug or alcohol during pregnancy if the child, at birth or within a year after birth, is demonstrably adversely affected by this use;
- evidence of unreasonable confinement of a child;
- the reasons the information obtained and/or the persons providing the information are or are not credible;
- all facts obtained during the investigation that indicate the original report was made by a person who knew the allegation was false at the time the report was made; and
- reasons why the perpetrator is unknown.
Enter the finding using the
Investigation Allegation Findings Window (LCH048) within 45 days of the
date the Department received the initial report information.
Proposing Substantiated
When the information gathered
during the investigation supports that an incident of abuse or neglect
occurred based upon a probable cause standard consult with and obtain
the approval of the supervisor to determine the outcome of the
investigation and investigation finding. Consult with the Protective
Services Review Team (PSRT) Specialist when there is uncertainty or
questions regarding whether the evidence supports the finding.
Remember, PSRT is neutral but
is able to advise on the information needed to meet the criteria or on
specific wording requirements for substantiation. PSRT cannot advise
whether the worker should be substantiating or not. PSRT cannot act as a
supervisor regarding substantiation. For additional assistance with
substantiation please see the Substantiation Guidelines, CSO-1355.
A person may request copies of their DCS reports and records by completing and submitting a notarized Request for Department of Child Safety Report, CSO-1100A
Documentation
Enter Request Proposed
Substantiate using the Investigation Allegation Findings Explain window
(LCH242) within 45 days of the date the Department received the initial
report information. Upon supervisor approval CHILDS will alert PSRT
(Protective Services Review Team).
When entering your Finding
Statement, document services offered or provided to the family using the
Investigation Allegation Findings Explain window.
This finding is subject to the
appeals process and a hearing by the Office of Administrative Hearing
(OAH) Administrative Law Judge
The alleged perpetrator can
exercise the appeal process if they disagree with the finding. PSRT will
notify the alleged perpetrator regarding the findings and how they can
appeal the decision.
Fatalities
When completing fatality
investigations, the autopsy report must be obtained prior to entering
the finding(s) on the DEATH CHILD ABUSE or DEATH CHILD NEGLECT
allegation(s), unless investigative information establishes probable
cause to propose substantiation, absent the report from the Office of
the Medical Examiner. When entering a finding absent the report from
the Office of the Medical Examiner, the case shall be staffed with a
Program Administrator or OCWI Deputy Chief prior to the entering of
findings.
Proposing Substantiated Pending Dependency Adjudication
Enter a finding of “proposed
substantiated pending dependency adjudication” when DCS or a private
party file a dependency petition alleging abuse or neglect. Select
Proposed Substantiated Pending Dependency Adjudication using the
Investigation Allegation Findings Explain window (LCH242) within 45 days
of the date the Department received the initial report information.
[ARS §8-802(C)(9)]
Use the Finding Statement Templates and Finding Statement Examples tools to assist with documenting the Finding Statement. When entering your Finding Statement, document services offered or provided to the family using the Investigation Allegation Findings Explain window.
PSRTThe PSRT will enter the substantiated finding when the court adjudicates the child dependent based on an allegation of abuse or neglect contained in the dependency petition. The DCS Specialist may need to fax, email or interoffice the order adjudicating the child a ward of the court .PSRT makes good efforts to locate these documents but is unable to always get the documents effectively. The DCS Specialist is responsible for getting the orders to the PSRT.This finding is not subject to a hearing by the Office of Administrative Hearing (OAH)/ Administrative Law Judge (ALJ ).
Proposing Substantiated Perpetrator Deceased
After an investigation, when
the evidence supports that an incident of abuse or neglect occurred
based upon a probable cause standard, and the abusive parent, guardian
or custodian dies prior to entry of the finding, the DCS Specialist
will select Propose to Substantiate Perp Deceased. Enter this finding
using the Investigation Allegation Findings Explain window (LCH242)
within 45 days of the date the Department received the initial report
information. This finding will remain in CHILDS and is not subject to
the appeals process. No notification is necessary as the perpetrator is
deceased.
Proposing Substantiated Perpetrator Unknown
- Has all the evidence been thoroughly considered?
- After thorough consideration of the evidence, is the perpetrator unknown?
- Is there unreasonable risk of harm to the child? How?
After an investigation when the
information gathered during the investigation supports that an incident
of abuse or neglect occurred based upon a probable cause standard and
the abusive parent, guardian or custodian cannot be identified. The DCS
Specialist will enter a finding of Propose to Substantiate Perp Unknown
using the Investigation Allegation Findings Explain window (LCH242)
within 45 days of the date the Department received the initial report
information.
Determining if the reporting source knowingly made a false report
To determine if the reporting source knowingly made a false report, consider the following questions:
- Is there a likelihood of financial gain or other benefit to the reporting source?
- Has the reporting source admitted making a false report? To whom?
- Has the reporting source made a prior report where the evidence indicated the report to be false?
- Is there a history of family disputes?
- Are custody issues being decided concurrently with the report?
- Was the report made to harass, embarrass, intimidate or harm another?
- Have statements been made during the investigation which indicate retaliation?
Once you have determined the a
reporting source made a false report, consult with the Attorney
General’s Office and your supervisor prior to referring a reporting
source to law enforcement for knowingly making a false report.
Document a false report by
adding the Tracking Characteristic FR (False Report Indicated) on the
After Investigation Allegation Finding Detail window.
Providing Written Notification
The DCS Specialist will provide written notification at the conclusion of the investigation at the following times:
- When a proposed substantiated finding is made, notice shall be made" to the parent, guardian or custodian who is the alleged perpetrator (alleged abuser), using the Notice of Proposed Substantiation of Child Safety Report, CSO-1024
- After verifying
the identified reporting source is the parent, guardian, or custodian;
written notification shall be provided using a Notice of Child Safety Investigation Conclusion or Findings, CSO-1022 , for the following investigation findings:
- Unsubstantiated
- Proposed substantiated perpetrator unknown
- Unable to locate
Note: This finding will remain in the CHILDS Case Management Information System and is not subject to the appeals process.
- When an unsubstantiated finding is made the parent, guardian or custodian who is the alleged perpetrator (alleged abuser), using the Notice of Unsubstantiated Child Safety Report, CSO-1023.
- When a proposed substantiated perpetrator unknown finding is made the parent, guardian or custodian who is the alleged perpetrator (alleged abuser), using the Notice of Proposed Substantiation of Child Safety Report (Perpetrator Unknown), CSO-1025.
File a copy of the notification letters in the case file.
Additional Procedure for DCS Supervisor
Review the case record to
ensure that the evidence supports the finding. If additional
information is necessary to support the finding, return the case to the
DCS Specialist to obtain the additional information. Review and
approve or modify the proposed finding within five days of completion of
the investigation. For “proposed substantiated” findings or "proposed
substantiated pending dependency adjudication", ensure that the Finding
Statement and services offered or provided to the family are documented
on the Investigation Allegation Findings window.
For “proposed substantiated”
findings concerning an out-of-home care provider or child welfare
agency, review and approve or modify the proposed finding within one day
of completion of the investigation or the case conference.
Effective Date: March 8th, 2017
Revision History :November 30, 2012, February 21, 2014, July 31, 2017
Chapter 2: Section 7Safety Planning
Procedures
Safety Planning
When a child is assessed as unsafe, the DCS Specialist will
develop and immediately implement a safety plan to control all
identified impending danger safety threats.A safety plan will not be implemented for children assessed as safe. Refer to Providing Services for Families with Children Assessed as Safe for information on assessment and service planning for families in which the children are determined to be safe.
Safety plans are not the same as case plans. Safety plans describe actions intended to control danger threats and may contain safety services to support those actions. Case plans include services and supports designed to effect long-term behavioral change by enhancing parental protective capacities to eliminate the need for a safety plan.
Safety plans must:
- be sufficient to control or manage impending danger threats;
- have an immediate effect;
- be immediately accessible, feasible, and available;
- contain safety actions, and safety services when applicable;
- be sustainable as long as the safety plan is expected to be needed; and
- not contain promissory commitments by a parent as a safety action (such as a parent promising not to use drugs/alcohol or agreeing to participate in a treatment service
- Sufficient means the plan is a well thought-out approach that identifies the most suitable people that will take the necessary actions at the right times and frequency to control threats of danger to the child(ren) and/or substitute for diminished parent/caregiver protective capacities.
- Feasible means that the responsible adults, the safety services, and the Department are accessible and available to implement and oversee the plan immediately and without delay.
- Sustainable means that responsible adults and safety services will be accessible and available until the child is safe from impending danger and a safety plan is no longer needed; and that there is willingness and cooperation on behalf of the parent(s), guardian(s), and/or custodian(s) to participate in change-related activities, including willingness to meet, discuss, and ultimately begin necessary change-related activities.
For a safety plan to be effective, the DCS Specialist must know the following about each identified impending danger threat:
- Duration: How long has the condition been concerning or problematic?
- Consistency: How often is the negative condition actively a problem or affecting parent/caregiver performance?
- Pervasiveness: What is the extent or intensity of the problem, and how consuming is it to caregiver functioning and overall family functioning?
- Influence: What stimulates or causes the threat to child safety to become active?
- Effect: What effect does the negative condition have specifically on the ability of a caregiver to provide for the care and protection of the children?
- Continuance: How likely is the negative condition to continue or get worse without DCS intervention?
- specify the impending danger safety threat(s);
- identify how each safety threat(s) will be controlled, including:
- the responsible adult(s) who will implement each action;
- the safety action(s) required to control threats of danger;
- the circumstances under which the responsible adult(s) will perform the safety actions (e.g., location, who else will be there, etc.);
- other people, such as safety service providers, who will support safety actions;
- the timeframes for when the safety actions will occur (frequency, duration, and exact times and days);
- be based on an assessment of the suitability of the responsible adult(s) who will implement the safety actions, and include confirmation of their availability and accessibility at the times the threats are present and need to be controlled; and
- describe how the DCS Specialist will oversee that the safety plan is being followed and sufficient to maintain child safety, including a communication plan among participants.
A safety plan must remain in place until the impending danger threat is no longer active or the parents have been able to enhance protective capacity in order to manage all impending danger threats, and the child has been assessed as safe.
In-home Safety Analysis
The determination that a child is unsafe does not always mean
that the child must be removed from the home. In some cases, the
danger can be sufficiently controlled, and the child can remain in the
home, with help and support from family members, other responsible
adults, and/or safety services.Safety plans can use in-home, out-of-home, or a combination of actions. The DCS Specialist must complete an analysis of whether an in-home or a combination safety plan can be implemented by determining the answers to the following questions.
If all five criteria are present, an in-home safety plan option can be used.
If any of the following criteria are not present, an out-of-home safety plan must be implemented, and the Department must take custody of the unsafe child either through a Voluntary Placement Agreement or filing a dependency petition and placing the child in out-of-home care. Follow policy and procedures outlined in Voluntary Placement and Out-of-home Dependency.
An in-home safety plan will be considered and is typically appropriate when all five of the following questions are answered yes (indicating the criteria is present):
An in-home safety plan is
appropriate when all five of the following questions are answered yes
(indicating the criteria is present):
- Question #1: Is there a combination of safety actions and/or services capable of sufficiently controlling the identified danger threats, and are there sufficient resources within the family network or community to control the identified threats? Safety actions and services to control the safety threats are dependent upon the identified impending danger threat. The safety actions and services must be available to the family at the necessary days, times, and locations, and they must be sufficient to control the identified danger threats. Responsible adults and safety services must be immediately available whenever the danger threats are or could be present.
- Question #2: Are the parents, guardians, or custodians willing for an in-home or combination safety plan to be implemented and have they demonstrated that they will cooperate with the responsible adults, safety service providers, and safety actions identified in the safety plan?Willing to accept and cooperate refers to the most basic level of agreement to allow a safety plan to be implemented in the home and to participate according to agreed assignments. The parents, guardians, and/or custodians do not have to agree that a safety plan is the right thing, nor are they required to like the plan; but they must be willing to accept and cooperate with the plan in order for it to be effective.
- Question #3: Is the home environment calm and consistent enough for an in-home safety plan to be implemented and for responsible adults and/or safety service providers to be in the home safely? Calm and consistent refers to the environment, it’s routine, how constant and consistent it is, its predictability to be the same from day-to-day. The environment must accommodate plans, schedules, and services and be non-threatening to those participating in the safety plan.
- Question #4: Can an in-home safety plan and the use of in-home safety actions and/or services sufficiently control impending danger without the results of outside professional evaluations (substance abuse, psychiatric/psychological, medical)? This question is concerned with specific knowledge that is needed to understand impending danger threats, caregiver capacity, or behavior or family functioning specifically related to impending danger threats; and whether the absence of such information hinders the DCS Specialist’s ability to know what is required to control threats. Specifically, whether there are gaps in information related to family functioning after the completion of the Family Functioning Assessment, and a clinical evaluation by a professional is needed in order to provide further clarification in identifying specific circumstances related to caregiver capacity and behavior that influenced the identified danger threat(s). Evaluations that are concerned with treatment or general information gathering (not specific to impending danger threats) can occur in tandem with in-home safety plans.
- Question #5: Do the parents, guardians, or custodians have a suitable place to reside where an in-home or combination safety plan can be implemented? A suitable place to reside refers to (1) a home/shelter exists and can be expected to be occupied for as long as the safety plan is needed, and (2) caregivers live there full time. Home refers to an identifiable domicile. A domestic violence or other shelter, or a friend’s or relative’s home, qualifies as an identifiable domicile if other criteria are met (e.g., expected to be occupied for as long as the safety plan is needed, caregivers live there full time, etc.).
If any of the above five
questions are answered “no,” an out-of-home safety plan is established
and in most circumstances, conditions for return must be developed and
recorded within the safety plan. For circumstances in which conditions
for return are not developed, see Conditions for Return.
If all of the above questions
are answered “yes,” an in-home safety plan may be established if
feasible and sustainable. An in-home safety plan may not be appropriate
when any of the following are present:
-
Safety threats are so extreme that no safety actions
and/or safety services can sufficiently control the danger threats with
the child remaining in the home.
-
The nature of the home environment is chaotic, unpredictable, or dangerous.
-
The parent, guardian, and/or custodian's willingness
to accept and cooperate with the responsible adults, safety services
providers, and safety actions cannot be confirmed or relied upon into
the future.
-
The parent, guardian, and/or custodian has expressed an unwillingness to care for the child.
-
The child is profoundly afraid of a caregiver who continues to live in or have access to the home.
-
An in-home safety plan would
violate the child’s victim rights, such as when the non-offending
parent does not believe the child’s description of abuse or neglect,
placing the child at risk to be coerced.
-
Medical child abuse is suspected (see Investigating Munchausen by Proxy).
- Any of the aggravating circumstances listed below are present (for more information on aggravating circumstances, refer to: Selecting the Permanency Goal).
- The child previously was removed, adjudicated dependent due to physical or sexual abuse and, after the adjudication, the child was returned to the parent or guardian and then removed within eighteen months due to additional neglect or abuse.
- The parent, guardian, or custodian has expressed no interest in reunification with the child.
- The parent or guardian is suffering from a mental illness or mental deficiency of such magnitude that it renders the parent or guardian incapable of benefiting from the reunification services. This finding shall be based on competent evidence from a psychologist or physician that establishes that, even with the provision of reunification services, the parent or guardian is unlikely to be capable of adequately caring for the child within twelve months after the date of the child's removal from the home.
- The parent or guardian:
- committed an act that constitutes a dangerous crime against children as defined in A.R.S. § 13-705; or
- caused a child to suffer serious physical injury or emotional injury; or
- the parent or guardian knew or reasonably should have known that another person committed an act that constitutes a dangerous crime against children as defined in A.R.S. § 13-705; or
- caused a child to suffer serious physical injury or emotional injury.
- The parent's rights to another child have been terminated, the parent has not successfully addressed the issues that led to the termination, and the parent is unable to discharge his/her parental responsibilities.
- The child has been removed from the parent on at least two previous occasions, reunification services were offered or provided to the parent/guardian after removal, and the parent/guardian is unable to discharge parental responsibilities.
- The parent or guardian of a child has been convicted of:
- a dangerous crime against children as defined in A.R.S. § 13-705; or
- murder or manslaughter of a child; or
- sexual abuse, sexual assault or molestation of a child; or
- sexual conduct with a minor; or
- commercial sexual exploitation of a minor; or
- sexual exploitation of a minor; or
- luring a minor for sexual exploitation.
- The parent or guardian of a child has been convicted of aiding or abetting or attempting, conspiring or soliciting to commit any of the crimes listed directly above.
The Department may file an In-Home Intervention or In-Home Dependency Petition for court supervision and oversight (See In-Home Intervention and In-Home Dependency Filing).
The DCS Specialist will schedule and hold a Safety Planning Team Decision Making (TDM) meeting as required per Team Decision Making .
Safety Actions and Safety Services
Safety actions are active and intentional efforts made by
responsible adults (family members, informal supports, or other members
of the family network) who take responsibility for assuring that a
child’s basic needs and need for safety are met.Safety services may be included in the safety plan to support responsible adults in the completion of safety actions. Safety services focus on behavior management, crisis management, social connection, separation, and resource support. Safety services are immediately available, always accessible, and focused on controlling the danger within the home (rather than the long-term treatment outcomes for families).
Developing a safety plan that is not full time out-of-home placement requires knowledge about other actions or methods that might immediately control threats of danger. The following safety actions and services may help substitute for a parent/caregiver’s diminished protective capacities:
Practical Resources
These actions and services
provide practical help to the family in order to mitigate threats of
danger to the child. Examples include:
- resource acquisition, obtaining financial help, help with basic needs;
- transportation services;
- employment assistance; and
- housing assistance.
Crisis, in this context, is a
perception or experience of an event or situation as horrible,
threatening, or disorganizing. The event or situation overwhelms the
caregiver’s and family member’s emotions, abilities, resources, and/or
problem solving. A crisis for families may not necessarily be a
traumatic situation or even in actuality, but a perception of those
individuals involved.
Crisis management aims to halt a
crisis, return a family to a state of calm, and to solve problems that
fuel threats of danger. Appropriate crisis management handles
precipitating events or sudden conditions that immobilize parents’
capacity to protect and care for children. Examples include:
- crisis intervention;
- mobilize problem solving;
- counseling;
- resource acquisition,
- obtaining financial help; and
- help with basic parenting tasks.
Social Support and Connection
These services may be useful
with young inexperienced parents who are not meeting basic protective
responsibilities; anxious or emotionally immobilized parents; parents
needing encouragement and support; parents overwhelmed with parenting
responsibilities; and developmentally disabled parents. Services or
actions include:
- friendly visitor (formal or informal supports directly related to purposefully reducing isolation and connecting caregivers to direct support);
- basic parenting assistance and teaching (focused on essential knowledge and/or skill a caregiver is missing or failing to perform);
- homemaker services;
- home management;
- supervision and monitoring;
- social networking; and
- in-home babysitting.
Control or Manage Threatening Behavior
This type of service in a
safety plan is concerned with aggressive behavior, passive behavior, or
the absence of behavior – any of which can threaten a child’s safety.
Activities or services that are consistent with this action can include,
for example:
- in-home health care;
- supervision and monitoring;
- stress reduction (actions that can help reduce the stress a caregiver is experiencing);
- out-patient or in-patient medical treatment;
- substance abuse intervention, detoxification;
- emergency medical care; and
- emergency mental health care.
Separation of Parent and Child
Separation as a safety action may range from one hour, to a
few days, to extended out-of-home care. Separation may involve hourly
babysitting, temporary out-of-home placement, or both. Besides ensuring
child safety, separation may provide respite for parents and children.
Separation creates alternatives to family routine, scheduling, and daily
pressures. Separation also can serve a supervisory or oversight
function. Examples include:- planned parental absence from home;
- respite care;
- child care;
- after school care;
- planned activities for the children;
- short term out-of-home placement of child for weekends, several days, few weeks; and
- extended out-of-home care.
If the least intrusive intervention necessary to keep the child safe requires a parent, guardian and/or custodian to leave the home for longer than the duration of the present danger plan, and there are no current court orders that already restrict or deny contact between the parent guardian, and/or custodian who is leaving the home and the child, a dependency petition must be filed with the juvenile court. Refer to In-Home Dependency: Filing and Out-of-home Dependency for procedures related to filing a dependency petition.
Identifying Responsible Adults to Implement Safety Actions
In order to implement a safety plan, a responsible adult must
be identified who is able to carry out the required safety actions. The
responsible adult(s) may be a parent, guardian, and/or custodian in
another household, a family member, or another adult who meets the
criteria listed below. The responsible adult(s) must be present and
immediately able to take action at any time a threat of danger is
present. The DCS Specialist may not be assigned as a “responsible
adult.”- has demonstrated the ability to protect the child in the past (with or without DCS involvement) while under similar circumstances and family conditions;
- believes the child’s report of maltreatment and is supportive of the child;
- is capable of understanding the specific threat to the child and the need to protect the child;
- displays concern for the child and the child’s experience and is intent on emotionally protecting the child;
- has a strong bond with the child and he/she understands the number one priority is the safety and well-being of the child;
- is physically able to intervene and protect the child;
- does not have significant individual needs that might affect the safety of the child, such as severe depression, lack of impulse control, medical needs, etc.;
- is emotionally able to carry out a plan and/or to intervene to protect the child (not incapacitated by fear of the maltreating person);
- has adequate knowledge and skill to fulfill caregiving responsibilities and tasks (this may involve considering the caregiver’s ability to meet any exceptional needs that the child might have);
- has asked, demands and expects the maltreating adult to follow the conditions of the safety plan and can assure the plan is effectively carried out;
- consistently expresses belief that the maltreating person is in need of help and that he or she supports the maltreating person getting help (this is the individual’s point of view without being prompted by DCS);
- if having difficulty believing the other person would maltreat the child, the individual describes the child as believable and trustworthy;
- has adequate resources necessary to meet the child’s basic needs;
- is cooperating with the DCS Specialist’s efforts to provide services and assess the specific needs of the family; and
- does not place responsibility on the child for the problems of the family.
Gather information from the prospective responsible adult(s) regarding criminal history, complete a public records check, and contact local law enforcement to complete a records check. If appropriate, request history from out of state child welfare systems (when the responsible adult(s) has resided in another state and there is an indication that there is a history of out of state child welfare involvement).
If the safety plan includes the placement of a child in the home of an unlicensed relative or non-relative, follow the procedures for background checks located in Kinship Care.
If a child has been determined to be unsafe due to impending danger in the household where the alleged abuse or neglect has occurred, and an in-home safety analysis reveals that an in-home safety plan cannot sufficiently manage the safety threats in that home, and the child is placed with a parent, guardian and/or custodian in another household, a safety plan must still be developed and implemented. Placement of a child with a parent, guardian and/or custodian in another household does not, in and of itself, resolve the safety threat in the household of the abuse or neglect.
If the safety plan includes the child residing with a parent, guardian, and/or custodian who resides in a different household from the home of the alleged abuse or neglect, and this household was not comprehensively assessed using the Family Functioning Assessment - Investigation, consider the following:
- What experience does the parent, guardian and/or custodian have with parenting this or other children? Does the parent, guardian and/or custodian have knowledge of parenting and child development?
- Does the parent, guardian and/or custodian know and practice positive methods of discipline?
- What support will the parent, guardian and/or custodian require to provide for the child’s needs (medical, behavioral health, dental, special needs, transportation, communicating with professionals, etc.)?
- How will the parent, guardian and/or custodian provide sufficient and appropriate supervision for the child, including after-school or childcare if necessary? (If childcare will be paid for by DCS, include in the case plan.)
- As appropriate, how is the parent, guardian and/or custodian able to assist the child in family time/visitation and other forms of communication with the other parent, guardian and/or custodian and siblings?
- Is the parent, guardian and/or custodian willing and able to participate in meetings (TDMs, CFTs, IEPs, etc.)?
- Is the parent, guardian and/or custodian aware that DCS and service providers will visit the home in order to fulfill safety plan oversight and service provision responsibilities?
- What new expenses are anticipated if the child is placed in the home? Will the parent, guardian and/or custodian be able to provide sufficient care for the child without causing financial hardship for the family?
- Will the parent, guardian and/or custodian need services or supports to maintain the child safely in the home? (Include any needed services and supports in the case plan.)
Responsible adult in a safety plan who is a qualified patient of medical marijuana
If a potential responsible adult identified in the safety
plan is also a qualifying patient, designated caregiver, or cultivator
of medical marijuana, the following factors should be addressed in
evaluating the person’s suitability, reliability, and ability to control
threats of danger to the child(ren):- any action taken by the potential responsible adult/placement to ensure any child in the home does not have access to the marijuana;
- action taken by the potential responsible adult/ placement to ensure any child in the home is not adversely affected by the patient’s medical use of marijuana;
- the effects of the “debilitating medical condition” and the medical use of marijuana on the prospective responsible adult’s ability to provide a safe home environment for the child, and meet the child’s placement needs, including transportation to/from appointments, visitation, and other routine activities;
- concerns by the prospective responsible adult’s physician about their ability to provide for the child’s safety and well-being (if the adult is a qualifying patient).
Safety Plan Oversight
The DCS Specialist maintains responsibility for oversight of
the sufficiency and implementation of the safety plan, which includes
oversight to ensure that all responsible parties are carrying out the
actions and duties in the plan. The use of a responsible adult does not
relieve the DCS Specialist of responsibility for oversight and
management of the safety plan or continued assessment of the child’s
safety.A safety plan must be implemented, active, and continuously managed and monitored by the DCS Specialist. The DCS Specialist must continuously reassess the family conditions and dynamics, and the sufficiency of the plan. The DCS Specialist is responsible for safety plan oversight as long as threats of danger to a child exist and caregiver protective capacities are insufficient to ensure the child is protected in the home.
For the duration of the safety plan, the DCS Specialist must continually review the adequacy of the safety action(s), and modify the written plan when necessary. In addition, the DCS Specialist is responsible for updating the written safety plan whenever the following changes occur:
- the responsible adult(s) identified as responsible for actions in the safety plan have changed;
- the safety actions required to manage new or existing impending danger threats have changed;
- new or additional safety services are being included;
- parent-child contact restrictions or supervision described in the safety plan have changed;
- an assessment reveals that the safety plan is insufficient and must become more restrictive; or
- an assessment reveals changes to behavior or circumstances that indicate a plan can become less intrusive.
For effective oversight, the DCS Specialist must have an adequate understanding of the status of the safety threats and the sufficiency, feasibility, and sustainability of the safety action(s) identified; and must anticipate potential crisis situations.
A case cannot be closed when a safety plan is in effect. A case must be opened for services if a child has been assessed as unsafe.
Supervisor Consultation
A Program Supervisor must be involved in developing the
safety plan and must approve any safety plan the DCS Specialist
initiates with the family. The Program Supervisor should confirm that
the actions in the safety plan are the least intrusive actions that are
sufficient to control the identified impending danger threat(s). If the
plan is an out-of-home safety plan, the Program Supervisor and DCS
Specialist will develop the conditions for return prior to discussing
them with the family.The Program Supervisor shall discuss how the DCS Specialist will continue to provide oversight and management of the safety plan and the plan for continued assessment of the child’s safety.
Documentation
Document the in-home safety
analysis and the safety plan for each applicable household, and
conditions for return (if applicable) on the Safety Plan and Safety Plan Signature Page, CS0-1034B.
Give a copy of both documents to each parent/caregiver, and any
responsible adult(s) identified in the plan. File a copy of the safety
plan in the case record, or include a scanned copy of the safety plan in
CHILDS using case notes, Key Issues type.
- Document DPS and DCS checks for all non-licensed responsible adults named in the safety plan in a Key Issue case note type or Section I,B in the CSRA. Include the individual’s name, his/her relationship to the child, and the name of the Program Supervisor who reviewed the information and approved the individual as a responsible adult named in the safety plan.
- Document discussions with all non-licensed responsible adults about their ability to use judgment and take actions that will protect the child, and to be present with the child at all times when there are anticipated threats to the child’s safety.
- Document the essential components of the safety plan in Section III, D (Safety Plan) of the CSRA.
- Document the results of the in-home safety plan analysis in Section IV, D (Safety Plan).
- Document whether an in-home safety plan, combination, or an out-of-home safety plan was implemented with the family.
- If an out-of-home safety plan was implemented, the information documented should reflect why an in-home safety plan would be insufficient to manage the identified danger threats.
- In the C-CSRA, document the safety plan in Section II, C (Safety Decision).
- Document the search for relatives in the Locate Efforts case note type.
If the child is removed as part of an out-of-home safety plan:
Complete the following windows in CHILDS when a temporary custody notice has been issued:
- Legal Status
- Removal Status
- Removal Settings
- Placement/Location Directory
Follow documentation procedures in Voluntary Placement if a voluntary foster care agreement was implemented.
DCS Program Supervisors
Complete a review of the sufficiency of any active safety plan with the DCS Specialist monthly during clinical supervision.
Document supervisory consultations as described in Providing Strength-Based Supervision.
Effective Date: January 31, 2017
Revision History: November 30, 2012, May 31,2013, June 9th, 2017, October 25, 2017
Chapter 2: Section 7.1
Conditions for Return
Conditions for return are
written statements of specific behaviors, conditions, or circumstances
that must exist before a child can return and remain in the home with an
in-home safety plan.
The conditions for return are
directly connected to the specific reasons why an in-home safety plan
could not be put into place. Conditions for return describe the
caregivers’ behaviors and family circumstances that would need to exist
in order for a sufficient, feasible, sustainable in-home safety plan to
be implemented.
The DCS Specialist and Program
Supervisor will develop the conditions for return prior to discussing
them with the family. The Program Supervisor will approve the
conditions for return as part of approving the safety plan. The DCS
Specialist and Program Supervisor must ensure the conditions for return
are comprehensive and sufficient to address all circumstances preventing
the use of an in-home safety plan.
The
DCS Specialist will engage with the family to review and discuss the
conditions for return. This may happen during the Team Decision Making
(TDM) meeting held after a child’s removal. If a TDM meeting is not
required or is not held, the DCS Specialist and/or Program Supervisor
will review the conditions for return during the case plan staffing,
checking for understanding from family and team members. The DCS
Specialist reviews the safety plan, including the conditions for return
and progress toward meeting the conditions for return, with the parents
and the Program Supervisor at least monthly.
Conditions for return should
not be developed for any parent, guardian, or custodian whose
whereabouts are unknown at the time of the Family Functioning
Assessment. Once the missing parent, guardian, or custodian is located,
a full assessment shall be completed and, if an out-of-home safety plan
remains necessary, conditions for return will be developed at that
time.
Conditions
for return should not be developed for any parent, guardian, or
custodian with whom reunification will not be pursued due to aggravating
circumstances of abuse or neglect, or whose child(ren) have a
permanency goal other than reunification.
At any time the safety plan is
reassessed, the DCS Specialist and Program Supervisor will assess
whether current circumstances still indicate the need for an out-of-home
safety plan, and whether any or all of the conditions for return have
been met.
When the in-home safety
analysis indicates that a sufficient, feasible, and sustainable in-home
safety plan can be implemented, the DCS Specialist will engage with the
family and service team to develop a reunification transition plan. For
more information on reunification planning, see Family Reunification.
When the conditions for return
are met and a child is able to return to the home of a parent, guardian
or custodian with an in-home safety plan, the family’s DCS ongoing
services case will remain open until the children are determined to be
safe with no need for a safety plan (threats of danger are no longer
present or a parent, guardian, or custodian has demonstrated an
enhancement of identified diminished protective capacity to consistently
manage all threats of danger).
Identifying the Conditions for Return
Prior to identifying the conditions for return, the DCS Specialist and Program Supervisor identify, discuss, and analyze:
- how each identified impending danger threat is manifested in the family;
- the safety threshold criteria, particularly the observable and specific family condition and the out of control nature of the threat;
- caregiver protective capacity, attitude, and awareness; and
- the potential for threatening caregivers or persons to leave the home.
The DCS Specialist and Program
Supervisor should consider the following questions when determining
specific conditions for return to the family:
- Why was an out-of-home safety plan originally necessary (i.e., caregiver behaviors that were violent or out-of-control, there are safety issues with the home environment, and/or lack of resources or support within the family network)?
- Are the child(ren) fearful of returning home? Is an in-home safety plan feasible considering the child(ren)’s current emotional needs?
- Are there adequate services and/or supports (responsible adults) that can substitute for all diminished caregiver protective capacities to control the impending danger within the home? What are those services/supports?
- What level of supervision is necessary to ensure child safety?
- At what times or days, or under what circumstances must responsible adults or safety services be available to ensure child safety?
- Do the stated conditions for return address all of the issues that made an out-of-home safety plan necessary?
- If the stated conditions for return are met, will a sustainable in-home safety plan be possible?
- Do the stated conditions for return include conditions related to the parent demonstrating the willingness and consistent ability to support an in-home safety plan?
- Will meeting the stated conditions for return confirm the parent is willing and able to continue working toward completion of the case plan and identified treatment goals?
Development of the Conditions for Return
Conditions for return describe
what the particular family’s behaviors, conditions, and circumstances
will look like when all five of the in-home safety analysis questions
are answered yes, and there are responsible adults and/or safety
services who can substitute for the parent/caregiver’s diminished
protective capacity, so that threats of danger are consistently
controlled.
To develop the written
statements of conditions for return, consider each of the five in-home
safety analysis questions. For any question answered no, document the
specific reason(s) why it was and continues to be answered no.
Question #1: Is there a
combination of safety actions and/ or services capable of sufficiently
controlling the identified danger threats, and are there sufficient
resources within the family network or community to control the
identified threats?
Safety actions and services to
control the safety threats are dependent upon the identified impending
danger threat. The safety actions and services must be available to the
family at the necessary days, times, and locations, and they must be
sufficient to control the identified danger threats. Responsible adults
and safety services must be immediately available whenever the danger
threats are or could be present.
Condition for return statements
associated with the sufficiency of resources should reflect what would
need to be different in comparison to what was determined to require an
out-of-home safety plan. The written conditions should describe:
- The specific safety actions and/or services that would need to be in place to control safety threats in the home.
- The level of effort necessary to manage behavior and/or provide social connections and/or provide basic parenting assistance etc. (identify what).
Question #2:
Are the parents, guardians, or custodians willing for an in-home or
combination safety plan to be implemented and have they demonstrated
that they will cooperate with the responsible adults, safety service
providers, and safety actions identified in the safety plan?
Willing to accept and cooperate
refers to the most basic level of agreement to allow a safety plan to
be implemented in the home and to participate according to agreed
assignments. The parents, guardians, or custodians do not have to agree
that a safety plan is the right thing, nor are they required to like
the plan; but they must be willing to accept and cooperate with the plan
in order for it to be effective.
Conditions for return
statements associated with a caregiver’s lack of acceptance and
willingness to participate in developing an in-home safety plan should
reflect what would need to be different in comparison to what was
determined to require an out-of-home safety plan. For example:
- Caregiver is open to having candid discussion about the reason for a safety plan and what the safety plan would involve regarding child safety.
- Caregiver expresses genuine remorse about (specific maltreatment) toward child and is willing to discuss the need for a safety plan.
- Caregiver expresses a genuine interest in doing what is necessary to have the child return to the home.
Question #3: Is the home
environment calm and consistent enough for an in-home safety plan to be
implemented and for responsible adults and/or safety service providers
to be in the home safely?
Calm and consistent refers to
the environment, it’s routine, how constant and consistent it is, its
predictability to be the same from day-to-day. The environment must
accommodate plans, schedules, and services and be non-threatening to
those participating in the safety plan.
Conditions for return
statements associated with the home environment should reflect what
would need to be different in comparison to what was determined to
require an out-of-home safety plan. For example:
- Specific individuals (identify and describe what was problematic about certain people being in the home and threatening to child safety) no longer reside in the home and the caregiver’s commitment to keeping them out of the home is sufficiently supported by in-home safety actions and/or services.
- Caregiver no longer expresses or behaves in such a way that reasonably will disrupt an in-home safety plan (describe specifically what would be different that was preventing an in-home safety plan), expresses acceptance of the in-home safety plan and concern for child; and safety actions and/or services are sufficient for monitoring and managing caregiver behavior as necessary.
- Specific triggers for violence in the home are understood and recognized by caregivers, and the responsible adults and/or in-home safety service providers can sufficiently monitor and manage behavior to control impulsivity and prevent aggressiveness.
Question
#4: Can an in-home safety plan and the use of in-home safety actions
and/or services sufficiently control impending danger without the
results of outside professional evaluations (substance abuse,
psychiatric/psychological, medical)?
This question is concerned with
specific knowledge that is needed to understand impending danger
threats, caregiver capacity, or behavior or family functioning
specifically related to impending danger threats; and whether the
absence of such information hinders the DCS Specialist’s ability to know
what is required to control threats. Specifically, whether there are
gaps in information related to family functioning after the completion
of the Family Functioning Assessment, and a clinical evaluation is
needed in order to provide further clarification in identifying specific
circumstances related to caregiver capacity and behavior that
influenced the identified danger threat(s). Evaluations that are
concerned with treatment or general information gathering (not specific
to impending danger threats) can occur in tandem with in-home safety
plans.
Conditions for return
statements associated with a caregiver’s capacity should reflect the
information needed from an evaluation in order to fully assess family
functioning, including information necessary to understand what is
contributing to the manifestation of impending danger. The additional
information gathered from the evaluation(s) may result in the need to
reassess and revise the safety plan and/or the conditions for return.
Although a diagnosis or clinical condition of a caregiver may not be
immediately available, the DCS Specialist should still identify
observable behaviors and/or circumstances that must be controlled or
managed in order for an in-home safety plan to be successful. For
example:
- Caregiver has participated in the recommended evaluation(s) and the results provide sufficient information to understand how the danger threat(s) manifest within the family.
- Caregiver demonstrates increased emotional stability and/or behavioral control (describe specifically what would be different) to the point where an in-home safety plan and safety management can assure child safety.
- Caregiver is demonstrating progress toward (describe specifically what would need to be different; e.g., stabilizing emotionally; increased control of behavior) to the extent that in-home safety services can be sufficient and immediately available for effectively managing caregiver behavior.
- There are responsible adults and/or sufficient safety service resources available and immediately accessible to compensate for a caregiver’s cognitive limitations and provide basic parenting assistance at the level required to assure that the child is protected and has his or her basic needs met.
- There are sufficient responsible adults and/or safety service resources available and immediately accessible to compensate for a caregiver’s physical limitation by providing basic parenting assistance to assure the child’s basic needs are met.
Question #5: Do the parents,
guardians, or custodians have a suitable place to reside where an
in-home or combination safety plan can be implemented?
A suitable place to
reside refers to (1) a home/shelter exists and can be expected to be
occupied for as long as the safety plan is needed, and (2) caregivers
live there full time. Home refers to an identifiable domicile. A
domestic violence or other shelter, or a friend’s or relative’s home,
qualifies as an identifiable domicile if other criteria are met (e.g.,
expected to be occupied for as long as the safety plan is needed,
caregivers live there full time, etc.).
Conditions for return
statements associated with a caregiver’s residence should reflect what
would need to be different in comparison to what was determined to
require an out-of-home safety plan. For example:
- Caregiver has a reliable, sustainable, consistent residence in which to put an in-home safety plan in place.
- Caregiver maintains the residence and there is confidence that the living situation is sustainable.
- Caregiver demonstrates the ability to maintain a sustainable, suitable, consistent residence (describe specifically on an individual case by case basis what would be a sufficient demonstration of a caregivers ability to maintain an adequate place to reside and implement an in-home safety plan).
Supervisors
If the conclusion of the Family
Functioning Assessment-Investigation and the in-home safety plan
analysis results in a decision that an out-of-home safety plan is
necessary to sufficiently manage child safety, the DCS Specialist, with
guidance of the Program Supervisor, will document what is required in
order for an in-home safety plan to be established and the child(ren)
returned home (conditions for return).
The Program Supervisor will
participate in identifying the conditions for return with the DCS
Specialist. All conditions for return statements must be approved by a
Program Supervisor prior to providing a written copy to the family.
The Program Supervisor will
confirm the conditions for return are directly connected to the specific
reasons/justification from the in-home safety plan analysis and the
reasons why an in-home safety plan could not be put into place at the
conclusion of the Family Functioning Assessment and/or maintained as a
part of ongoing safety management.
Documentation
Document
the conditions for return on the Safety Plan and Safety Plan Signature
Page, (CS0-1034B). Following Program Supervisor approval, copies are to
be provided to the parents, guardians, or custodians; any child age 12
or older; the out-of-home caregivers; and any adults or service
providers who are responsible for carrying out identified safety actions
and/or services. Place a copy in the electronic or hard copy/case
file.
Effective Date: June 9th, 2017
Revision History:
Chapter 2 Section 8 - Team Decision Making
Procedures
The purpose of a TDM meeting is to engage the family in decisions about the safety, stability, and permanency of a child at critical points in a case. (See Team Decision Making Field Guide (CSO-1638) for detailed information). The meeting is a collaboration between the Department, parents, guardians and/or custodians, child(ren), extended family and kin, family support persons, and service providers,
A trained facilitator will facilitate all Team Decision Making meetings. The TDM facilitator’s role is to guide group discussion surrounding the safety and/or permanency of the child(ren) involved in a DCS case. The facilitator will strive to reach group consensus that the recommended plan is the least restrictive and least intrusive, sufficient to maintain child safety, and in the best interest of the child(ren).
The TDM facilitator will conduct the meeting according to the guidelines in the TDM Field Guide, and engage all team members to review and provide input into the following decisions and/or recommendations, depending on the TDM type:
- Present Danger TDM meeting:
- the child’s living arrangement, including recommendations for the present danger option selected;
- the level of authorized contact and visitation between child and parent, guardian and/or custodian, and child and any siblings in out-of-home care (if applicable); and
- any information to be gathered after the TDM meeting, in order to complete the Family Functioning Assessment and make a determination of impending danger.
- Safety Planning TDM:
- the child’s living arrangement and services, including the safety plan, conditions for return, and safety services;
- the level of authorized contact and visitation between child and parent, guardian and/or custodian, and child and any siblings in out-of-home care, if applicable; and
- a reunification transition plan if the conditions for return have been met and the child will begin the reunification transition to his or her family.
- Placement Stabilization TDM:
- the cause of potential placement disruption and a plan to determine if services can preserve the placement;
- respite or short-term placement and a plan to transition the youth back to the original placement; or
- if placement cannot be preserved and a new placement type is identified, a transition plan (which may be a reunification transition plan if the conditions for return are met).
- Reunification/Permanency Planning TDM:
- a reunification transition plan; or
- there may be a recommendation for a change in the permanency goal.
- Age of Majority TDM meeting:
- whether the youth should remain in foster care under a Voluntary Foster Care Agreement,
- supports for the youth to allow him or her to succeed under the Voluntary Foster Care Agreement,
- whether a Voluntary Foster Care Agreement should be terminated, and
- a plan for discharge when the youth exits foster care.
Roles and Responsibilities
The family, DCS Specialist, Program Supervisor and TDM Facilitator are all responsible for ensuring decisions/recommendations made during the TDM meeting sufficiently address child safety. However, the final decision regarding the safety plan is the responsibility of the DCS Specialist and the Program Supervisor. The DCS Specialist is responsible to request the TDM, invite participants, and ensure timely notification to the attendees. The DCS Program Supervisor is responsible for scheduling the TDM. (See Key Roles and Responsibilities for more information on the TDM process.)
The DCS Specialist should invite the following individuals to the meeting:
- the parents, guardians, and/or custodians, including custodial and non-custodial parents, all alleged fathers and step-parents;
- youth (12 years and older), if appropriate (consider victim’s rights, child/youth's level of functioning and school schedule);
- caregivers, including kin, foster parents, group care providers, or other caregivers;
- Tribal or consulate representatives;
- mental health professionals, therapists/counselors, or other service providers currently involved with the family (including the AZ Families F.I.R.S.T. representative if appropriate, and the Regional Behavioral Health Authority (RBHA) network representative); and
- juvenile probation officers.
The following individuals may be invited to the meeting by the parents, guardians and/or custodians, or child(ren):
- any support persons identified by the family such as:
- siblings and other relatives;
- friends, neighbors, caregivers or babysitters;
- significant others (boyfriend/girlfriend);
- members of the family’s faith/spiritual community;
- school contacts such as teachers, principals, counselors, coaches;
- military command;
- potential kinship caregivers/ placements; or
- attorneys (see Attorney Participation below).
Attorney Participation
Criminal Defense Attorneys
The DCS Specialist shall inform the parent, guardian and/or custodian that if an attorney is representing him/her in a criminal proceeding, a criminal court order is required for the criminal defense attorney to attend the TDM meeting. If a court order is obtained, the criminal defense attorney can attend the TDM meeting, but should not be allow to question any of the TDM participants, except for his/her client.
Dependency Attorneys
The parent, guardian and/or
custodian or child's attorney may attend the TDM meeting; however, no
substantive legal issues should be discussed with the attorney at any
time or in his/her presence. Substantive legal issues include, but are
not limited to, the factual or legal basis for the removal, any criminal
conduct allegations, the grounds for termination, or the sufficiency of
the evidence. Privileged information such as attorney-client
information, or confidential (private) information such as criminal
history record information obtained from Arizona Department of Public
Safety (DPS) or addresses also cannot be discussed.The role of the parent, guardian and/or custodian or child's attorney should be minimal and must only focus on safety planning. He/she cannot be considered as a possible responsible adult or as a placement for the child. He/she should not be allowed to question the TDM participants except for his/her client.
The allegations of abuse and/or neglect should not be discussed in the TDM meeting or with the attorney outside the TDM meeting.
If an attorney for any participant is expected to attend the TDM meeting:
- obtain the attorney’s name and phone number,
- ask the participant whether or not the attorney has been retained to represent him/her and in what capacity (e.g. is the attorney representing the participant in a dependency or criminal proceeding);
- confirm with the participant whether or not the attorney plans to attend and/or participate in the TDM meeting;
- inform the participant that if an attorney is representing him/her in a criminal proceeding involving the DCS matter, a Criminal Court Order is required for the attorney to attend and/or participate in the TDM meeting; and
- notify the Duty or Assigned Assistant Attorney General.
TDM Meetings involving Criminal Conduct Allegations
If the child is part of a case where
the report alleges criminal conduct, or the case involves an ongoing
criminal investigation, or current or pending prosecution, communication
between the DCS Specialist, Law Enforcement, and the OCWI Investigator
(if applicable), should occur prior to holding the TDM meeting. The DCS
Specialist should also communicate with the Duty or assigned Assistant
Attorney General (AAG) before the TDM meeting is held. The TDM meeting
may be held without prior communication with Law Enforcement if attempts
have been made to contact Law Enforcement and detailed messages have
been left.The following questions should be discussed with Law Enforcement and the Duty AAG prior to the TDM meeting:
- What is the purpose of the TDM meeting (possible topics of discussion)?
- Are there participants who should be excluded from the TDM meeting? If so, why?
- Should Law Enforcement or an AAG be included in the TDM meeting? If so, why?
- Are there any specific topics that should not be discussed at the TDM meeting? If so, what and why?
Do not discuss the criminal conduct allegation(s) during the TDM meeting.
If any admission of personal responsibility occurs during the TDM meeting or further information is obtained about the allegations, the DCS Specialist will immediately notify and provide the information to the AAG and Law Enforcement to assist in the criminal investigation and prosecution.
If information is revealed indicating a new allegation, the DCS Specialist will immediately notify the Child Abuse Hotline and if applicable, Law Enforcement and the Office of Child Welfare Investigations.
The child victim and the alleged perpetrator will not be in the same room or on the phone together during a TDM meeting when the case involves:
- criminal conduct allegations or domestic violence;
- an ongoing criminal investigation;
- current or pending criminal prosecution; or
- the child victim feels threatened or unsafe.
Notification of the TDM Meeting
The DCS Specialist will:- Have a conversation with the parent, guardian and/or custodian, and the child (age 12 and older) regarding the safety threat(s) and the reason for the TDM meeting.
- For parents, guardians and/or custodians who cannot attend in-person (e.g. resides out-of-the-area, out-of-state, or are incarcerated, etc.), to the fullest extent possible, arrange for his/her participation telephonically.
- If possible, provide a copy of the Team Decision Making (CSO-1088A) pamphlet to the parent, guardian or custodian prior to the TDM meeting.
- If possible, provide a copy of the Team Decision Making (A Guide for Teens, CSO-1085A) to any child age 12 and older prior to the TDM meeting.
- Notify the Assigned AAG of all TDM meetings involving cases where a dependency petition has been filed with the Juvenile Court.
- Discuss with the Duty AAG TDM meetings even if a dependency petition has not been filed if:
- the child is part of a case where the report alleges criminal conduct or the case involves an ongoing criminal investigation or a current or pending prosecution; or
- the TDM meeting is being held on a case in which a Dependency Petition was dismissed within the previous six (6) months; or
- the DCS Specialist and Program Supervisor wish to consult about legal options for a case.
If a Dependency Petition is filed, send a copy of the TDM Summary Report to the Duty AAG.
The DCS Specialist will request a TDM meeting by completing and submitting the Team Decision Making Referral (CSO-1102) to the Program Supervisor, who will provide the date, time, and location of the meeting to the DCS Specialist for notification to attendees. TDM Meetings will be scheduled as follows:
- Present Danger TDM: Within 48 hours of removal excluding weekends and state holidays.
- Safety Planning TDM: As expeditiously as possible, but no later than seven calendar days of determining that a child is unsafe, or conditions for return have been met. (In the interim, if a safety threat has been identified, a safety plan must be in place.) When a Family Functioning Assessment has been completed, and an out-of-home safety plan has been implemented and a TCN and/or Notice of Removal has been served, schedule the TDM within 48 hours of removal, excluding weekends, and state holidays.
- Placement Stabilization TDM: Within 48 hours of the living arrangement disrupting, excluding weekends and holidays. For potential disruptions, the TDM is scheduled as expeditiously as possible, but no later than 72 hours from the time the potential disruption became known.
- Reunification TDM: Prior to transitioning the child to his/her family.
- Permanency Planning TDM: Prior to changing the permanency goal.
- Prior to scheduling a Permanency Planning TDM, the DCS Specialist will discuss permanency planning with the assigned Assistant Attorney General.
- The Age of Majority TDM is scheduled as follows:
- within 6 months prior to a youth in care turning 18;
- within 7 days for a young adult age 18 through 20 who wishes to voluntarily exit the continued voluntary foster care program;
- as expeditiously as possible, but no later than 72 hours, when a young adult age 18 through 20 may exit care due to program disruption/substantial non-compliance with their case plan; and
- within 30 days of the young adult's 21st birthday
Review
A request for a management review should be initiated when
department staff participating in the TDM cannot reach consensus on
decisions or recommendations pertaining to the purpose of the TDM
meeting.Whenever possible, the intent to request a Management Review should be stated at the TDM meeting. The reason for the review shall be explained to the participants. The TDM Facilitator will contact the appropriate manager in the order of preference/availability outlined below, and state the reason for the review. The DCS Specialist and Supervisor will be given the opportunity to share their opinions about the reason for the review. The management level reviewer may ask for additional information prior to making a decision.
The Management Review will be completed by a manager in the following order of preference and availability, as appropriate to the assigned Region or OCWI unit:
- The Program Manager or OCWI Regional Manager
- The Program Administrator or OCWI Deputy Chief
- The Deputy Director of Field Operations or OCWI Chief
Documentation
The TDM Facilitator will:
- Complete and provide a written copy of the TDM Summary Report to all participants within one business day, unless otherwise agreed upon.
-
Request the written translation of the TDM Summary
Report in the parent, guardian and/or custodian's primary language
within 72 business hours of the TDM, if applicable.
-
Add the TDM Summary Report as a PDF file into a case note, Case Conference type.
The DCS Specialist will place a copy of the TDM Summary Report, including the Signature Sheet, in the case file.
For Permanency Planning TDMs, the DCS Specialist will document the conversation with the AAG in CHILDS case notes, AG Contact type.
The TDM Facilitator will document who attended, topics discussed, decisions/recommendations reached, consensus of parties, agreement of attendees and other information on the appropriate TDM Summary Report.
Effective Date: January 31, 2018
Revision History: April 1, 2013, November 30, 2012, September 20, 2013, June 12th, 2017, August 28th, 2017
Chapter 2: Section 9Emergency Removal
Procedures
Temporary Custody
- the child has been assessed to be in present or impending danger and a less intrusive safety plan option will be insufficient to manage the safety threat(s), or
- a child requires a medical or psychological examination to diagnose abuse or neglect.
A child who is taken into
temporary custody for medical or psychological diagnosis must be
returned within 12 hours, excluding weekends and holidays, unless the
examination reveals abuse or neglect.
Any child taken into temporary
custody must be returned to the parent within 72 hours, excluding
weekends and holidays, unless a dependency petition is filed when he/she
is taken into temporary emergency custody because:
- the child is a victim of abuse or neglect; or
- it is determined that the child will imminently become a victim of abuse or neglect; or
- the child was physically injured or permitted to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is possessed by any person for the purpose of manufacturing a dangerous drug; or
- the child was reported by DCS to be a missing child at risk of serious harm.
Refer to Present Danger Planning and Assessment and Safety Planning for more information.
Engage the child's family to
the greatest extent possible in discussions about the child's safety and
planning for voluntary interventions that minimize intrusion in the
life of the family.
When taking temporary custody of a child, the DCS Specialist:
- advises the parent or guardian of the specific reasons why the child is being taken into temporary custody;
- requests the names, locations, and contact information of adult relatives of the child;
- requests the names, locations, and contact information for significant others in the family network;
- asks about the child’s medical (including allergies), educational, social, behavioral health, nutritional, and developmental needs;
- obtains prescription medication(s) and the child’s clothing;
- explains to the child what is happening, in a developmentally appropriate manner and in a private area, if possible, including:
- why the child is being removed,
- what the child can expect will happen in the next few hours to the next few days,
- when the child will next see or speak to the parent(s), if known; and
- if the child is part of a sibling group that will be separated, where the siblings will be and when the child will next see or speak to them; and
- gives the child an opportunity to ask questions.
See below for additional information regarding Obtaining the Child’s Medical Information.
Temporary Custody for Examination
When the DCS Specialist
suspects that abuse or neglect has occurred, a child can be taken into
temporary custody for up to 12 hours for an immediate examination by a
medical doctor or psychologist. After the examination, the child must be
returned to the custody of the parent or guardian unless the
examination reveals abuse or neglect. The DCS Specialist will notify the
parent(s) and/or guardian if the child will not be returned within the
twelve hour time frame.
When the DCS Specialist
suspects that abuse or neglect has occurred, but a physician or other
medical personnel is unable to confirm the abuse or neglect, or the DCS
Specialist has received differing or conflicting medical opinions from
the same or different physicians regarding the diagnosis or specific
medical finding(s), the case, including all medical opinions should be
reviewed within 48 hours with:
- a physician who has substantial experience and expertise in child abuse and neglect diagnosis, or
- a multidisciplinary team (including a physician who has substantial experience and expertise in child abuse or neglect diagnosis, any attending physician, the DCS Specialist and the DCS Supervisor).
Base intervention on the most serious diagnosis if a multidisciplinary team or expert medical consultation is unavailable.
If a multidisciplinary team or
expert medical consultation is unavailable in your area, consult with a
Program Supervisor and have Program Supervisor or Program Manager
contact the CMDP Medical Director at 602-351-2245. Otherwise, follow
your Regional Operating Procedures to request assistance in arranging
for expert medical consultation.
Notice of Temporary Custody
If a child is taken into
temporary custody when the caregiver is not present, the DCS Specialist
must attempt to notify the parent, guardian, or custodian immediately
either in person or by phone.
If a child is taken into
temporary custody, provide the parent, guardian, or custodian with
verbal and written notification of the removal within six hours unless
one of the following circumstances exists:
- The parent or guardian is present when the child is taken into custody. In this case, written and verbal notice shall be provided immediately.
- The parent or guardian resides or is incarcerated out-of-state and notice cannot be provided within six hours. In this case, provide written notice within twenty-four hours.
- The address and
location of the parent or guardian is not known. In this case, locate
and notify the parent or guardian of the child as soon as possible.
- Make reasonable efforts to obtain the parent or guardian’s address by contacting relatives, friends, and/or employers.
- If the address cannot be obtained, initiate a search for missing parent with the Arizona Parent Locator Service. Refer to Finding Missing Parents, Relatives and Other Significant Persons.
Notify the parent, guardian, or custodian in writing by delivering or express mailing the Temporary Custody Notice, CSO-1000A, and A Guide to the Department of Child Safety, CSO-1010.
If it is necessary to notify the parent, guardian or custodian at
his/her place of employment and he or she is not available, discreetly
leave your name, phone number and Department name, and request a return
call.
The Temporary Custody Notice shall list the specific danger threat(s) that are the reason for temporary custody.
The Temporary Custody Notice
shall list services that are available to the parent or guardian,
including a statement of parental rights and information on how to
contact the ombudsman-citizens aide's office and an explanation of the
services that office offers.
The DCS Specialist shall list
the date and time when the child was taken into custody on the Temporary
Custody Notice, as well as the name and telephone number of the
assigned DCS Specialist and Supervisor. The DCS Specialist will explain
to the family what will happen next and when they can expect to hear
from the DCS Specialist again.
If serving the parent/ guardian
in-person, have them sign the Temporary Custody Notice. If they refuse,
write “Refuses to Sign” on the signature line.
If available, write the date, time, and place of the Preliminary Protective hearing on the Temporary Custody Notice.
If the date, time, and place of
the Preliminary Protective Hearing are not available at the time the
Temporary Custody Notice is served, provide written notice of this
information to the parent or guardian within 24 hours of filing the
dependency petition.
DCS Specialists must send a copy of the Temporary Custody Notice, to:
- any divorced, non-custodial parent, regardless of the specific arrangements of the divorce agreement; and
- any man alleged to be the child's father, whether or not his name appears on the birth certificate and whether or not allegations that he is the father are confirmed.
Notice of Removal
If the child was removed from a setting other than the home of a parent, guardian, or custodian, complete the Notice of Removal, CSO-1039.
Give one copy to an appropriate individual at the place of removal.
Proceed with verbal and written notice of parents, guardians or
custodians.
The following reasons may require removal of a child without caregiver knowledge:
- immediate need for medical or psychological examination;
- provision of emergency out-of-home placement due to present danger to the child; or
- identity or whereabouts of caregiver are unknown.
Emergency Removal of Siblings
The child's sibling shall also be taken into temporary custody only if reasonable grounds independently exist
to believe that temporary custody is clearly necessary to protect the
child from suffering abuse or neglect. If siblings are removed, the DCS
Specialist must make every possible attempt to place them together.
Obtaining the Child's Medical Information
Obtain medical information about the child from the parent, guardian, or custodian including:
- whether the child has a medical need or chronic illness that requires special care or treatment; and
- the name and telephone number of the child's physician.
If possible, obtain the
parent's, guardian's, or custodian's authorization to provide emergency
medical care for the child. If the parent, guardian or custodian refuses
or is unavailable, consult with a supervisor regarding authorization
for procedures.
If the child has a medical need
or chronic illness, make reasonable efforts to contact the child's
physician or the physician who most recently examined or treated the
child to:
- confirm the diagnosis of the medical need or chronic illness, and
- obtain information on the daily care and treatment required to meet the child's medical need or chronic illness.
Safe Haven
A Temporary Notice and a Notice
of Removal shall be left with a Safe Haven provider if the name and
address of the parent is unknown. Obtain a medical examination for a
newborn left at a Safe Haven that is not a hospital or outpatient
treatment center.
Supervisor Approval
Supervisor approval is required
prior to taking temporary custody of any child. In emergency
situations, a child may have to be removed without prior consultation if
failure to do so would be a danger to the child.
If emergency removal of a child
is necessary and prior consultation with a supervisor is not possible,
notify the supervisor within two hours if the removal occurred during
regular working hours or by 8:30 a.m. the next morning if removal
occurred after regular hours.
During instances of emergency
removal of a child, placement with kin is the preferred option. Ask the
parent, guardian, or custodian to identify the child's grandparents,
great-grandparents, adult siblings of whole or half-blood, aunts,
uncles, first cousins and persons who have a significant relationship
with the child. See Locating Missing Parent & Families; and Relative Search Best Practice Guide.
To assess the appropriateness of a relative or kin for emergency placement, refer to Present Danger Assessment and Planning.
Emergency Removal of Court Wards
If a child who is already in
the temporary custody of the Department or is already adjudicated
dependent must be removed from their current placement due to emergency
circumstances, the DCS Specialist shall provide a Notice of Removal to
the current placement of the child and make reasonable attempts to
notify the parents/guardians of the child. The DCS Specialist should
inquire about any family or kin who may be an option for placement.
If an
emergency situation exists, a Team Decision Making meeting or Child and
Family Team meeting shall be scheduled within 48 hours of the disrupted
placement. Within 10 days of an emergency removal, a motion for removal
using the CT01700 (Motion for Change of Physical Custody, Removal and/or
Case Plan) must be submitted to the juvenile court.
Documentation
File one copy of the Temporary Custody Notice, and/or the Notice of Removal, in the hard copy record.
Provide each parent, guardian, and custodian a copy of the Temporary Custody Notice and/ or Notice of Removal
Provide one copy of the Temporary Custody Notice, to the juvenile court judge.
File one copy of the Temporary Custody Notice, and/or the Notice of Removal, in the hard copy record.
Provide one copy of the Temporary Custody Notice to the juvenile court judge.
Complete the following windows in CHILDS when a temporary custody notice has been issued:
- Removal Status
- Removal Settings
- Legal Status
Document
the safety plan and placement in Section III of the Child Safety and
Risk Assessment (CSRA) and the Placement/Location Detail window.
Document the following in Section II of the CSRA:
- verbal and written notification of and reason for the child's removal to the parent, guardian, or custodian;
- a parent, guardian's or custodian's response to the Temporary Custody Notice;
- reasonable efforts to contact with the child's physician or the physician who most recently examined or treated a child who has a medical need or chronic illness, and
- the daily care and treatment required to meet the child's medical need or chronic illness.
Document
the results of the emergency DPS criminal history records check,
Central Registry and CHILDS Case Management Information System check in
Section I of the CSRA.
File one copy of the notice of
the date, time and place of Preliminary Protective hearing in the hard
copy record if the date, time and location of the hearing was not
available at the time the Temporary Custody Notice was served.
Submit the Report to the Juvenile Court for Preliminary Protective Hearing and/or Initial Dependency Hearing as described in Court Reports. This report must be submitted to the juvenile court not later than the day before the hearing.
In addition, fill out and
append the Verification, CT04600, found in the Court Document Detail.
Submit the Verification to the Attorney General's Office for filing with
the dependency petition.
Document the child's
out-of-home placement using the Service Authorization Request and
Service Authorization Provider Match windows and by following the
procedures outlined in Placement Needs of Children in Out-of-Home Care.
Document the child's medical
need or chronic illness, examination and child's physician information
using the Medical Condition, Practitioner Detail and Examination Detail
windows.
Effective Date: June 12th, 2017
Revision History: November 30, 2012, February 14, 2014
Chapter 2: Section 10Reasonable Candidate for Foster Care Determinations
Procedures
Determining if a Child is a Reasonable Candidate for Foster Care
The Department may claim and receive federal funding for the
administrative costs associated with children who are residing at home
and are reasonable candidates for foster care.A child is a reasonable candidate for foster care if:
- the child is residing with a parent or guardian;
- the child is at serious risk of removal from his or her home, as defined below;
- reasonable efforts to prevent the child’s removal are being made by providing safety services as part of a safety plan and/or treatment services to enhance parental protective capacities; and
- if it becomes necessary to remove the child from the home, the child is expected to be placed in foster care and is not expected to be placed in a detention facility, correctional facility, behavioral health inpatient facility, or hospital.
The child is at serious risk of removal from his or her home if he or she is residing with a parent or guardian and:
- the Family Functioning Assessment has resulted in a determination that the child is unsafe due to impending danger and an in-home or combination safety plan has been developed to control the safety threat(s);
- the Family Functioning Assessment has resulted in a determination that the child is currently safe from impending danger, the case has been opened for Department-monitored services and supports, and if these services are not effective emergency removal of the child will be necessary;
- a petition for in-home intervention has been filed;
- a petition for in-home dependency has been filed; or
- the child has been reunified with a parent or guardian, is a temporary court ward or adjudicated dependent, and the Department continues to provide safety services as a part of a safety plan and/or treatment services to enhance parental protective capacities and prevent re-entry into foster care.
Develop a family centered case plan following the procedures in Developing and Reassessing the Family Centered Case Plan. The child’s case plan must identify services, strategies, and supports to assist the parent, guardian, and/or custodian(s) and family to achieve the desired behaviors identified in the case plan. Tailor services to meet the specific needs of the family to prevent removal of the child.
Review the determination that the child is a reasonable candidate for foster care no less than every six months while the case is open and the child remains in the home. This review shall occur as part of the Family Functioning Assessment – Progress Review and/or reassessment of the case plan.
Documentation
When the permanency goal of Remain with Family is selected in
a child’s case plan, select Yes/No to document the Reasonable Candidate
for Foster Care determination. If the child is a Reasonable Candidate
for Foster Care, select Yes under the statement: Absent effective
preventative services, foster care is the planned arrangement for the
child.Using the case plan, document the re-determination that a child is a reasonable candidate for foster care no less than every six months.
Effective Date: June 7, 2018
Revision History: February 18,2016 , November 30, 2012
Chapter 2: Section 11.1Family Functioning Assessments Involving Substance Exposed Newborns
In addition to policy and
procedures specified in Initial Contact and Conducting Interviews, and
the Family Functioning Assessment at Investigation complete the
following:
- Gather information concerning the medical condition of the newborn, including any complications from the substance exposure, the discharge status and instructions (where applicable), and any recommendations for follow-up medical care.
- If available,
obtain documentation by the health care professional(s) about the
newborn infant’s prenatal substance exposure including:
- clinical indicators in the prenatal period including maternal and newborn infant presentation;
- information regarding history of substance abuse or use by the mother;
- medical history; and
- toxicology results and/or other laboratory test results on the mother and the newborn infant.
- Obtain information from the health care professional(s) regarding their observations of the parental responsiveness to the newborn, visitation, feeding, understanding of the newborn’s special needs, or any other information to assist in the safety assessment and development of the Infant Care Plan.
- Obtain the hospital discharge plan and recommendations from the health care professional about post-discharge infant care and medical follow-up.
- If the newborn is hospitalized at the time of the report, visit the newborn’s home environment prior to the newborn’s discharge. If it is not possible to visit the home prior to discharge, visit the home on the day of the newborn’s discharge.
- If the newborn is hospitalized at the time of the report, advise the health care professional that an assessment of the newborn’s safety in the home environment is being completed and request he/she notify DCS prior to the newborn’s discharge from the hospital.
- Obtain the name(s) and contact information of the health care professional(s) who will provide routine health care for the newborn, and any recommended special medical care. Contact the child’s health care professional(s) to verify that newborn follow-up appointments have been scheduled and attended.
- Ask the newborn’s health care professional about potential impacts of breast feeding on the newborn’s health if the mother is using .prescribed or non-prescribed drugs.
- Gather
information on the six domains of family functioning, as described in
Family Functioning Assessment at Investigation. In addition, gather the
following information to assess family functioning, threats of danger,
and parent/caregiver protective capacities in a family with a substance
exposed newborn:
- Parent/caregiver’s history of depression, anxiety, or other mental health concerns that would place the parent/caregiver at risk for post-partum depression.
- Parent/caregiver’s history of substance use, including types, frequency, and amount of drugs used.
- Parent/caregiver’s history of substance exposed newborn births
- Parent/caregiver’s history of participation in substance abuse treatment services and other prevention or intervention services.
- Parent/caregiver’s perception of his/her caretaking role and responsibilities.
- Parent/caregiver’s plan to meet the newborn’s basic needs for shelter clothing, medical care, etc.).
- Parent/caregiver’s proposed feeding plan for the newborn.
- Parent/caregiver’s ability to purchase baby formula or obtain formula through the Arizona WIC Program in order to meet the newborn’s nutritional needs.
- Whether tobacco is smoked in the home, and plans to discontinue use.
- Identification of the proposed caretakers of the newborn on a daily basis and when the mother is unavailable, and the parent/caregiver’s knowledge of each caregiver’s ability to provide safe care to the newborn.
- Sleeping arrangements, including assessment of whether the infant has a safe sleep environment. If multiple births, ensure separate safe sleep environments for each infant.
- Parent/caregiver’s history of parenting, including parenting of siblings in the past or currently.
- Parent/caregiver’s knowledge of child development and behavior management, including the adequacy and accuracy of this information.
- If needed, consult with a community and/or contracted substance abuse treatment professional to gain clinical expertise and advice regarding severity of drug usage, signs and symptoms, behavioral indicators, and motivation for treatment.
- Some parents
may be engaged in Medically Assisted Treatment (MAT) to control an
opioid addiction. The MAT program should include the use of
medications, such as Methadone or Buprenorphine, in combination with
counseling and behavioral therapies, to provide a whole-patient approach
to the treatment of the parent/caregiver substance abuse disorder. To
determine if a parent/caregiver is appropriately engaged in MAT, ask the
parent/caregiver to sign a Release of Information with their provider.
Talk to the provider to find out:
- How long has the parent/caregiver been engaged in MAT?
- Does the parent/caregiver’s treatment plan include counseling and behavioral therapies to address their substance use disorder?
- Is the parent/caregiver compliant with their treatment plan and are they consistently participating in the program?
- Does the parent/caregiver receive random urinalysis testing?
- Is the parent/caregiver receiving regular dosages of their medication?
- o Can the Provider share a monthly progress report of the parent/caregiver’s participation with the DCS Specialist?
- Check in regularly with the MAT provider throughout the Family Functioning Assessment process, and, if the case remains open, throughout the life of the case, to assure the parent remains compliant and no additional safety issues have been identified.
- For infants suspected of having Fetal Alcohol Spectrum Disorder, obtain as soon possible or within one year:
- documentation of the diagnosis by a health professional indicating clinical findings consistent with FASD;
- the child’s medical records; and
- the health professional’s recommendations for services for the child.
Provide the Safe Sleep flyer
to the parent/caregiver and review it with them. Visit the home to
observe the sleeping conditions of the child and discuss any observed
risks. If needed, make referrals to community resources.
Developing the Infant Care Plan
Develop an Infant Care Plan (DCS-1262)
for the newborn infant who was prenatally exposed to alcohol or
substance use by the mother, or child up to one year old diagnosed with
Fetal Alcohol Spectrum Disorder. Actively involve the
parents/caregivers, the infant’s health care professionals, the
parent’s/caregiver’s substance abuse treatment service providers, MAT
providers, out-of-home care providers, and supportive adults identified
by the parents/caregivers (if applicable) to develop the Infant Care
Plan.
The Infant Care Plan describes
the services and supports that will be provided to ensure the health and
well-being of the infant, and addresses the substance abuse treatment
needs of the parent or caregiver. Each plan addresses the following
areas:
- substance abuse treatment needs of the parents/caregivers;
- medical care for the infant;
- safe sleep practices;
- knowledge of parenting and infant development;
- living arrangements in the infant’s home;
- child care; and
- social connections.
If a case involving a substance
exposed newborn is opened for ongoing services, oversee the
implementation of the Infant Care Plan by observing, discussing, and
assessing the child’s status indicators and participation with health
care providers during monthly in-person contacts with the child and the
child’s caregiver.
If a parent has been referred
to substance abuse treatment or other services, oversee the sufficiency
of the services by observing, discussing, and assessing the parent’s
progress and participation in services during monthly in-person contacts
with the parent and through communication with the parent’s service
provider(s).
Review
and reassess the Infant Care Plan during case plan staffings, Child and
Family Team meetings, and whenever there is indication that the child’s
health or health care needs resulting from prenatal substance exposure
have changed. Update the Infant Care Plan if indicated and distribute
to the parent/caregiver and other team members.
In ongoing services cases, development and oversight of the Infant Care Plan may end when:
- the infant is at least 3 months old and will remain in an out-of-home placement that is consistently meeting all of the infant’s medical, developmental, social and emotional needs;
- the infant has turned one year of age (ensure any on-going medical, developmental or other needs of the child are met through the DCS Case Planning process); or
- DCS is closing the ongoing services case prior to the infant turning one year of age, and
- has met with the protective parent, the child’s health care provider, and other service providers (e.g. home visitors) to update the plan;
- has ensured that anticipated future needs of the infant are addressed in the plan; and
- has developed the Aftercare Plan including additional referrals for the family not addressed in the Infant Care Plan.
If a case involving a substance
exposed newborn will close at investigation, review the Infant Care
Plan with the protective parent, guardian, or custodian; the child’s
health care provider; the parent’s substance abuse assessment or
treatment provider (if applicable); other services providers (e.g. Home
Visitors); and any other adults who have a role in the plan to determine
that each person is able and willing to consistently and reliably
implement the actions described in the Infant Care Plan. During the
Aftercare Planning discussion with the parents and caregiver’s, discuss
and provide a copy of the Infant Care Plan.
Determining the Need for Ongoing Services
Complete
a Family Functioning Assessment (FFA) to determine whether the infant
is unsafe due to impending danger, following the policies and procedures
in Family Functioning Assessment at Investigation.
A
newborn infant who has been prenatally exposed to alcohol or a
controlled legal or illegal substance, or is demonstrating withdrawal
symptoms resulting from controlled substances, is considered vulnerable
to abuse or neglect. The overall substance use by the parent (including
prenatal drug use, whether prescribed or not) and the parents’ ability
to perform essential parental responsibilities must be considered in the
assessment of the newborn’s safety.
If the
child is assessed as unsafe due to impending danger, immediately
implement a Safety Plan following the policies and procedures in Safety Planning. A case cannot be closed when a child is assessed as unsafe.
If the child is assessed as safe, consider the following to determine whether the case should be opened for ongoing services:
- Does the parent/caregiver have diminished protective capacities that impact his/her ability to consistently and reliably follow the Infant Care Plan?
- Does the family need services to strengthen protective factors, in order to reduce the risk of future abuse or neglect (assess the family’s protective factors following the policies and procedures in Aftercare Services?
- What is the
likelihood that the parent and/or caregiver will consistently and
reliably follow the Infant Care Plan without Department and/or court
oversight, including plans for routine and specialized infant health
care, use of safe caregivers, participation in parental substance abuse
treatment (if applicable), and other actions listed in the Infant Care
Plan? Consider parent/caregiver history and behavior such as:
- history of SEN reports,
- follow through with the newborn screening medical appointment,
- follow through with current substance abuse assessment recommendations (if applicable),
- history of participation in treatment services offered in the past (if applicable), stability of his/her current living arrangement,
- demonstrated ability to consistently and reliably meet his/her own needs for housing, medical care, nutrition, etc.,
- demonstrated understanding of the Infant Care Plan.
Does
the parent/caregiver recognize the problem and is he/she motivated to
make necessary behavioral changes? Identify the family’s needs for
agency and/or court oversight, following the policies and procedures in
Opening a Case for Services; In-Home Intervention; and In-Home
Dependency Filing.
Following the policies and procedures in Adult Behavioral Health & Substance Abuse Services, refer the parent, guardian, or custodian(s) to Arizona Families F.I.R.S.T. (AFF). Provide the parent with a copy of the Arizona Families F.I.R.S.T. (CSO-1118)
and encourage the parent’s participation in substance abuse treatment,
if recommended, in order to achieve behavioral changes and improve
family functioning
For more information on coordination substance abuse treatment services, see Roles and Responsibilities in the Coordination of SEN Cases.
If the Arizona Families
F.I.R.S.T provider or other substance abuse resource informs the DCS
Program Supervisor that the family has refused or discontinued
treatment, reassess the family member’s substance abuse treatment needs,
and the level of Department and court oversight.
If the
Arizona Families F.I.R.S.T provider or other substance abuse resource
reports a new allegation of abuse or neglect, ask the provider to make a
report to the Child Abuse Hotline.
Determining when to Close an Ongoing Services Case Involving a Substance Exposed Newborn
To determine when it is
appropriate to close an ongoing services case involving a substance
exposed newborn, determine whether the parent:
- understands the care necessary to help the newborn overcome the effects of the substance use, and reliably acts to provide necessary care;
- has taken steps to change or control the behavior or conditions that placed the child in impending danger, and whether these steps are sufficient to determine the child is safe from impending danger;
- is involved with extended family members, community support networks, or service providers who will help the family maintain these changes over time; and
- understands the Infant Care Plan and knows how and where to access help if additional needs for health care or substance abuse treatment arise in the future.
Prior to closing the case, complete an Aftercare Plan as described in Aftercare Services.
Documentation
Document the outcome of the Family Functioning Assessment using the Child Safety and Risk Assessment (CSRA).
Document the Infant Care Plan.
Obtain signatures from the parents and out-of-home caregivers and file a
copy in the hard copy record.
Document the Aftercare Plan (CSO-1349). Obtain signatures from the parents and file a copy in the hard copy record.
Effective Date: June 30th, 2017
Revision History: November 30, 2012
Chapter 2: Section 11.2Investigating Munchausen by Proxy
To determine if there is reason
to suspect Pediatric Condition Falsification (PCF), consider if one or
more of the following questions are true:
PCF Related Indicators
- Does the child have a history of unexplained or unexpectedly difficult to treat medical, developmental or psychiatric symptoms or illnesses?
- Does the child have a history of very frequent visits to doctors, clinicians or therapists of any type, hospitalizations, medical procedures or surgeries?
- Is the child more disabled or less functional than one would expect for the reported diagnosis?
- Have the child’s healthcare providers reported discrepancies with the history reported by the parent, guardian or custodian and clinical assessments?
Suspected Perpetrator Indicators
- Does the parent, guardian or custodian:
- have an intense desire to maintain close relationships with the clinical staff (physicians, clinicians or therapists of any type), or regularly engage in conflicts with staff regarding diagnostic and treatment decisions?
- request or demonstrate unusual acceptance of recommendations for invasive, and/or painful procedures?
- fail to express relief when presented with negative (normal) test findings?
- appear to have more of an interest in the medical, developmental or psychiatric conditions than in the child’s well-being?
- insist on performing procedures or routine care in the hospital?
- demonstrate a strong resistance to having the child discharged from medical care?
- report numerous dramatic or life-threatening events?
- Has the parent, guardian or custodian confessed to exaggerating or inducing illness in the child?
- Has Pediatric Condition Falsification previously been suspected or confirmed?
- Is there (direct or circumstantial) evidence that the parent, guardian or custodian falsified illness in the child?
Parent-Child Relationship Indicators
- Does the parent, guardian or custodian demonstrate excessive attention towards the child in the form of enmeshment, overprotection, restriction of activities and relationships?
- Do older child victims behave similarly as the suspected parent, guardian or custodian (reporting symptoms, wanting clinical interventions, etc.)?
- Do younger child victims appear to have a passive tolerance of painful procedures?
- Has a child reported illness fabrication, coaching by a parent, guardian or custodian, being given unknown medications or other concerning information?
- Have video surveillance tapes revealed that the parent, guardian or custodian is neglectful or abusive of the child when others are not present?
- Do symptoms occur only when the suspected parent, guardian or custodian is present or within a few hours after they leave? (see the “Separation Section” of Munchausen by Proxy Fact Sheet)
- Does separation of the child from the suspected parent, guardian or custodian result in a decrease of symptoms or disability in the child?
- Does the child’s illness respond to standard medical treatment when away from the suspected parent, guardian or custodian?
Family Indicators
- Does another family member have a history of unexplained or unexpected difficult to treat medical, developmental or psychiatric symptoms or illnesses?
- Does another family member have a history of frequent visits to the doctors, clinicians or therapists of any type, hospitalizations, medical procedures or surgeries?
- Is another family member more disabled or less functional than one would expect for the reported diagnosis?
- Has there been a sibling death due to sudden infant death syndrome, unclear reasons or due to symptoms similar to the suspected victim?
- Is there a reported history of physical or sexual abuse in suspected parent, guardian or custodian’s family of origin?
Implementation
The DCS Specialist and his/her
Supervisor should begin to identify and convene the multidisciplinary
team (MDT) as soon as practicable after determining that the report
involves a caregiver who is suspected of placing the child in present or
impeding danger by causing or exaggerating his/her illness or symptoms.
The
MDT participants may vary depending on the specific circumstances and
needs of the case. Reasonable efforts should be made to include the DCS
Specialist and his/her supervisor, the assigned Assistant Attorney
General, a medical specialist who is familiar with child abuse and
neglect, and a mental health specialist who is familiar with factitious
disorders on the MDT. Depending on the nature of the case, other team
members may include law enforcement, visitation supervisors, probation
officers, clinicians treating the various family members including the
child’s Primary Care Physician (PCP) and/or others.
Review the Munchausen by Proxy (MBP) and Pediatric Condition Falsification Fact Sheet for more information and guidance.
Investigation
Follow the procedures for investigating child abuse and/or neglect as described in Initial Response and Conducting Interviews, Family Functioning Assessment-Investigations) and Substantiating Maltreatment.
An immediate protective action
must be taken to protect the child where the caregiver’s suspected
behavior(s) places the child at risk for invasive medical tests or
interventions; potentially unneeded medications; physical or emotional
abuse; harmful neglect; and/or death.
A present danger assessment of
all siblings must be completed, as it may be necessary to take a
protective action to ensure their safety.
Interview family members and
other persons with knowledge of the family, to obtain a detailed social
history on all children, parents, guardians or custodians, and other
significant family members. If possible, interview persons separately,
but one right after the other, so that there is little or no time for
family members to coordinate their answers.
Consult with the Assistant Attorney General to identify a mental health specialist who is familiar with factitious disorders.
In most suspected Pediatric
Condition Falsification (PCF) cases, placing the child with a relative
or family friend is not a safe option.
If considering placement with a
non-abusive parent, extended family member or other significant person
as a safety monitor or placement, carefully assess the perspective
caregiver’s ability and willingness to protect the child from the
suspected parent, guardian or custodian, including his or her perception
of whether the suspected abuse did or could have occurred. You must
also consult with a mental health specialist who is familiar with
factitious disorders when assessing placement with the non-abusive
parent, a relative or significant person as a safety monitor.
The child’s placement must be
one in which the parent, guardian or custodian does not have
unsupervised contact with the child and does not have the ability to
influence daily care or medical treatment of the child.
Gather relevant information
with guidance and direction from a mental health specialist who is
familiar with factitious disorders, if one is available, qualified
health professional(s) and/or reporting source. Relevant information
may include the following:
- The diagnoses of and treatment being provided to the parent, guardian or custodian if he/she is being treated by a clinician.
- Medical and
other clinical records (from clinicians, hospitals, clinics,
laboratories, emergency services, home health agencies and health
insurance companies) including birth records for the suspected victim
and all siblings who have been under the care of the suspected parent,
guardian or custodian. You may need to enlist the assistance of the
CMDP Medical Director to obtain these records, especially from health
insurance companies.
- Medical facilities often keep separate records for clinic visits, emergency Department visits, hospitalizations, and home visits. Consequently, it is important to ask for all records.
- In the requests for records, specifically request inclusion of nursing notes and notes from mental health professionals.
- If concerning behavior was recorded via video or audiotape, the record request should also include a copy of these recordings.
- If falsification during pregnancy is suspected, it may also be necessary to request prenatal outpatient and inpatient records for the mother in addition to birth records.
- School records
- Record of visits to the school nurse, telephone logs, attendance records, and Individual Education Plans (IEP) reports should be requested.
Contact and Visitation
Assess the danger of the
parent, guardian or custodian’s contact with the child. Ensure that
visitation, including visitation in a hospital setting, is closely
supervised by one or more persons who are familiar with PCF and have
been instructed to observe all physical contact between the parent,
guardian or custodian and the child and to monitor all communication.
Contact the Assistant Attorney General if the parent’s behavior during
visitation causes a concern for the child’s safety.
Strict guidelines are needed
for visitation and contact. Frequency of visitation and contact depends
on the nature of the case. It is imperative that the child feel safe
during visitation and contact with the suspected parent, guardian or
custodian. Use the following guidelines to develop a visitation and
contact plan:
- All visitations should be closely monitored in a neutral location by one or more persons familiar with the safety concerns in the case.
- The parent, guardian or custodian cannot discuss the case or health-related issues, including diet, with the child.
- The parent, guardian or custodian should not give the child anything that the child can consume (such as food, drinks, candy, gum, or medicine) or anything the child can put in their mouth (pacifiers, etc.).
- Ointments or other topical agents cannot be applied to the child by the parent, guardian or custodian.
- All conversation must be audible to the monitor.
- All physical contact, activities and gifts must be developmentally and socially appropriate.
- Diaper changing should not be excessive.
- Clothing changes should be restricted when excessive or inappropriate.
- Telephone calls must be monitored.
- Letters and cards must be read by the monitor prior to being shared with the child.
- Audio and video recording and photographing the child are prohibited.
Case Management
Case planning includes
obtaining an assessment and recommendations from the mental health
specialist regarding critical decisions including diagnosis, treatment,
visitation guidelines and reunification.
- Obtain an independent, non-treating expert to conduct the assessment for suspected Pediatric Condition Falsification and the evaluation of associated psychopathology (such as Factitious Disorder).
A Primary Care Physician (PCP)
who is familiar with PCF should be assigned by the Comprehensive Medical
and Dental Program (CMDP) to manage and coordinate the ongoing care of
the child while in the care, custody and control of the Department.
This person may also participate in the MDT.
In order to meet the acute and
ongoing needs of the child and family, ensure open and regular
communication with the MDT and, to the extent practicable, consult with
the team when any changes are made to the case plan, including changes
to the permanency goal, placement, visitation and service provision.
- The MDT should include the assigned DCS Specialist , Supervisor, the Assistant Attorney General, the mental health specialist who is familiar with factitious disorders, clinicians treating the various family members, visitation supervisors, the safety monitor and/or child’s caregiver.
- Depending on the nature of the case, the MDT may include law enforcement, the child’s guardian ad-litem, CASA or tribal representative, if applicable.
- Team members should be provided with relevant information regarding any diagnosis; treatment recommendations and progress; outcome of visitation/ contact and services provided; and progress towards achieving the permanency goal.
- The team may be convened to discuss:
- Unexpected increases in symptoms, visitation problems, or other acute issues.
- Increase in concerning symptoms and other clinical issues should also be communicated to the assigned PCP and/or other clinicians.
- When any change is considered related to the placement, visitation, service provision, ongoing assessment of safety and risk, evaluation of progress in obtaining the permanency goal and change in the permanency goal.
- Consider holding conference calls and/or meetings with the team monthly or less frequently depending on the needs of the case.
On an ongoing basis, obtain
relevant records to monitor the ongoing physical and emotional status of
the child including medical, psychological and/or school records as
appropriate.
As necessary, consult with the
Assistant Attorney General regarding any court action required to
expedite gathering of medical records, to restrict or deny visitation,
or to compel the suspected parent, guardian or custodian or other family
members to participate in assessment or treatment services.
Documentation
For investigations, document
outcomes of the assessment including collaboration and consultation with
members of the MDT in Section II of the Child Safety and Risk
Assessment.
For ongoing, document contacts including collaboration and consultation with the members of the MDT in case notes.
If the child is removed:
Complete the following windows in CHILDS when a temporary custody notice has been issued:
- Legal Status
- Removal Status
- Removal Settings
Document the search for relatives in the Locate Efforts case note type.
Effective Date: November 30, 2012
Revision History:
Chapter 2: Section 11.3Investigations Involving Allegations of Criminal Conduct
Procedures
Criminal conduct allegations require a joint investigation with the law enforcement entity of the jurisdiction where the allegations reportedly occurred. Prior to conducting interviews with the family, contact local law enforcement where the incident occurred and coordinate investigative efforts and interviews according to an appropriate interview sequence designated by the assigned law enforcement agent. Each county has different protocols for Joint Investigations; these protocols may be accessed at Joint Investigation Protocols.
When a communication is received at the Child Abuse Hotline and meets the statutory criteria for a child abuse or neglect report, and the allegations include criminal conduct, a tracking characteristic of criminal conduct will be applied, see DCS Criminal Conduct Hotline Screening Guide, CSO-1365. In Maricopa and Pima counties, the Hotline assigns the report directly to OCWI. In all other counties, the Hotline assigns the report to the local DCS Supervisor for assignment.
For reports in Maricopa and Pima Counties, the Child Abuse Hotline will notify OCWI via telephone of reports with criminal conduct allegations that are a response time 1. Upon receipt of a report with criminal conduct allegations, the OCWI Manager, or designee, shall review the report using the Criminal Conduct Assessment Guidelines, CSO1366 to determine the level of OCWI involvement, following the timelines indicated in the guidelines. Should the OCWI Manager, or designee, determine that OCWI Assessment is the appropriate level of involvement; they shall complete the OCWI Criminal Conduct Assessment Form, CSO-1347. The completed form shall be emailed to the appropriate DCS Supervisors, Program Specialist and Program Manager within the designated timeframes as well as create an OCWI Investigation case note and attach the form to the case note. If there is a disagreement with the assessment decision, the involved parties shall follow the conflict resolution process immediately.
If the OCWI Manager, or designee, determines that the report will be assigned for investigation, the OCWI Investigator shall respond and complete the investigation according to policy and procedure.
Coordinate the investigation with the identified law enforcement agency prior to making contact with the family. Coordination requires a shared, cooperative approach and ongoing consultation, collaboration, and communication. Joint investigations include:
- developing a plan to complete the investigation;
- responding with law enforcement;
- communicating openly and frequently to discuss the status of the case; and
- obtaining and sharing information in a timely manner, particularly at the following critical communication points:
- completion of interviews;
- filing of a dependency petition;
- prior to the return of the child victim to the home or at any time during the life of the case;
- prior to the return of an alleged perpetrator to the home at any time during the life of the case;
- re-assessment of safety to include a possible change in the safety plan or a change in placement; and
- disclosure of information about the criminal conduct.
Initiate the investigation within the assigned Standard Response Time.
If law enforcement is not able to respond jointly within the response time requirements established for the Department, explain to the law enforcement agency that the Department is proceeding with its investigation of child safety.
When a child is identified as a victim in a report alleging criminal conduct, protect the child victim against harassment, intimidation, and abuse, such as not allowing the alleged abusive person or any other person to threaten, coerce, or pressure the child victim, or to be present during interviews, family meetings, or other Departmental actions with the child victim.
Prior to report closure, contact law enforcement to verify there are no additional steps needed by the Department and ask if law enforcement is pursuing prosecution.
Interviewing a Child at School
If interviewing the child at school and there is a joint investigation, criminal conduct allegation, or law enforcement involvement, the Department or law enforcement must have parental permission, a court order/warrant, or exigent circumstances to conduct the interview. Exigent circumstances means a child has suffered or will imminently suffer abuse or neglect, and it is reasonable to conclude the child will be in danger if the child returns home. Interview the child to assess the child's safety and determine if the child is or will be a victim of abuse or neglect.
For these circumstances, limit the interview to 20 minutes and ask who, what, where, when questions to determine whether the child has suffered or will imminently suffer abuse or neglect, and whether the child will be in danger if the child returns home that day. Assess for child safety only. Do not conduct a full interview with the child. If denied access to the child, notify the Program supervisor and contact the Attorney General's Office.
Photographing
If a child has visible injuries and/or visible indicators of neglect, arrange to have the child photographed, preferably by law enforcement, a Child Advocacy Center, or a medical professional; and at the same time as a medical evaluation to reduce the number of times the child is examined. If these personnel are not available, photograph the child by depicting the child's entire body and face, not just the external manifestation of abuse. The Department shall not take photographs of a child’s genitals. Photographs should include a ruler and color bar where possible. Label each photograph with the child's name, date of photograph, date of birth, name of DCS Specialist, and name of the person taking the picture. Photographs of children can be taken without permission of the parent, guardian or custodian.
Informing Parent, Guardian or Custodian of Rights
Persons under investigation by the Department have specific rights in addition to any rights afforded in a law enforcement investigation or criminal proceeding. Inform all persons of their rights in a Department investigation, even when law enforcement has informed a parent, guardian, or custodian of their rights with regard to a criminal investigation (Notice of Duty to Inform). During a criminal conduct investigation, the Department is required to disclose the allegations, but statute allows the Department to withhold details that would compromise an ongoing investigation.
Criminal Conduct or New Allegations Disclosed During the Investigation
If during the course of an investigation, evidence suggests there is a new allegation or that a new allegation might be criminal conduct, the DCS Supervisor should then contact an OCWI Manager regarding these new allegations and the OCWI Manager will complete an assessment. The DCS Specialist should contact the appropriate law enforcement agency and document the new allegation after investigations findings.
If during the course of the investigation, evidence indicates that a felony criminal offense perpetrated by someone other than a parent, guardian, or custodian or other adult member of the child's home has been committed, the investigator shall contact the appropriate law enforcement agency.
Team Decision Making
Follow all policies in Chapter 2, Section 8: Team Decision Making, if the child is part of a case where the report alleges criminal conduct or the case involves an ongoing criminal investigation or current or pending prosecution, communication between the DCS Specialist or OCWI Investigator, and Law Enforcement should occur prior to holding the TDM meeting. The DCS Specialist or OCWI Investigator should also communicate with the Duty or assigned Assistant Attorney General (AAG) before the TDM meeting is held.
The following questions should be discussed with Law Enforcement, and the Duty or assigned AAG prior to the TDM meeting:
- What is the purpose of the TDM meeting (possible topics of discussion)?
- Are there participants who should be excluded from the TDM meeting? If so, why?
- Should Law Enforcement or an AAG be included in the TDM meeting? If so, why?
- Are there any specific topics that should not be discussed at the TDM meeting? If so, what and why?
If there are concerns that a TDM meeting may compromise the criminal investigation, the DCS Program Manager or OCWI Regional Manager will discuss the issues with the assigned Supervisor/Manager to determine whether or not to hold the TDM meeting.
The child victim and the alleged perpetrator will not be in the same room or on the phone together during a TDM meeting when the case involves:
- criminal conduct allegations or domestic violence;
- an ongoing criminal investigation;
- current or pending criminal prosecution; or
- the child victim feels threatened or unsafe.
No discussion regarding the criminal conduct allegation is to occur at any point during the TDM meeting.
Safeguarding Case Records
The Department's case records are confidential and shall not be released, except as specified by law. Information received from the OCWI, including the OCWI documentation within the CHILDS case record, is DCS information and subject to the same confidentiality protection afforded all DCS information.
The Department is not required to release information when such release would cause a specific, material harm to a Department of Child Safety or criminal investigation or when such release would likely endanger the life or safety of any person. If the Department releases information, it must take reasonable precautions to protect the identity and safety of the reporting source.
If it is believed that the release of records may harm a criminal investigation, the OCWI Investigator (or the DCS Specialist in a case not involving the OCWI) will contact the County Attorney's Office. If the County Attorney agrees that the disclosure of information would cause a specific, material harm to the criminal investigation, the County Attorney must provide DCS with written documentation supporting his/her assertion.
Conflict Resolution
If at any times there is a disagreement with a decision to remove a Criminal Conduct tracking characteristic or assessment decision, the DCS Supervisor and/or OCWI Manager may elevate the issue through their chain of command to seek resolution. The escalation process is as follows:
- DCS Supervisor and OCWI Manager
- DCS Program Manager and OCWI Regional Manager
- DCS Program Administrator and OCWI Deputy Chief
- DCS Deputy Director and OCWI Chief
Documentation
The DCS Specialist or OCWI Investigator will use the CSRA to document the investigation as outlined Chapter 2 Section 4 of the policy manual.
Fatalities
When completing fatality investigations, the autopsy report must be obtained prior to entering the finding(s) on the DEATH CHILD ABUSE or DEATH CHILD NEGLECT allegation(s), unless investigative information establishes probable cause to propose substantiation, absent the report from the Office of the Medical Examiner. When entering a finding absent the report from the Office of the Medical Examiner, the case shall be staffed with a Program Administrator or OCWI Deputy Chief prior to the entering of findings.
Effective Date: March 8th, 2017
Revision History: July 1, 2013, January 14, 2015, October 30th, 2017
Chapter 2: Section 11.4Investigations Involving Immigrant Children
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In responding
to a report concerning a foreign national child, including a child who
is believed to be undocumented, in addition to the taking the actions
described in Interviews, the Department shall communicate with the applicable Consulate to obtain information to assist in:
When consulting
with the Attorney General’s Office to file an out-of-home dependency
petition concerning a child believed to be a foreign national child,
including a child who is believed to be undocumented, the DCS Specialist
shall provide information to assist with notification to the
appropriate consulate.
If a child is a
lawful permanent resident (holder of a green card), a visitor on a
temporary visa, or an undocumented person, when an out-of-home
dependency petition is filed, there is a duty to notify the applicable
consular post. For consular notification purposes, a child reported to
be born in a foreign country may be assumed to be a foreign national.
This policy does not apply to those considered to be United States citizens in the following situations:
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In responding to reports of a
foreign national child, including a child who is believed to be an
undocumented child, as part of the assessment of child safety, the DCS
Specialist will communicate with the applicable Consulate, including
providing identifying information concerning the family, for the
purposes of:
- Verifying the child’s nationality;
- Identifying and locating the child’s parent(s);
- Identifying and assessing placement options for the child (if applicable); and
- Identifying resources for the child and the family that would assist in safely maintaining the child in the home.
If the child is a Mexican National, to determine which Mexican Consulate office to contact, refer to the Fact Sheet – Mexican Consulates in Arizona and their County to locate the office responsible for the geographical area where the child resides.
Any information regarding the
family that is received from the consular official should be considered
in assessing the child’s safety.
In situations where a
dependency petition is filed for a child who is reasonably believed to
be undocumented the DCS Specialist shall make diligent efforts to
verify the child’s status. Actions taken include, but are not limited
to:
- Requesting information from the child, if possible, and any available source to determine date and location of the child’s birth;
- Obtaining identifying information about the child’s parents/legal guardians;
- Contacting the applicable Consulate for the geographical area where the child was taken into temporary custody to assist in verifying the child’s and parents’ nationality; and
- Following your region’s operating procedure for obtaining birth certificates.
- Provide the following information to the Attorney General’s office if filing an out-of-home dependency petition:
- name of the child;
- date and location of the child’s birth, if known;
- mother’s full maiden name,
- father’s name;
- names of guardians or custodians;
- name, address and phone numbers of the assigned DCS Specialist and DCS Unit Supervisor;
- date the child was taken into DCS custody; and
- information obtained during any previous contact with the applicable Consulate.
Collaboration with the Mexican Consulate
After a dependency petition is
filed on an undocumented child, collaboration shall occur with the
applicable Consul after the Consul has responded to official
notification by the Attorney General’s Office. Collaboration activities
include inviting the consul to court, FCRB proceedings, and case
planning meetings.
The DCS Specialist is to
cooperate with requests by the applicable Consulate to interview, visit
and otherwise communicate with children in DCS custody who are Nationals
of their respective country. Before the visit or interview is
arranged, the DCS Specialist will contact the child’s court-appointed
attorney or guardian ad litem regarding the request by the applicable
Consulate to interview, visit or communicate with the child. Visits and
access by the applicable Consulate should be consistent with the best
interests of the child, or as ordered by the Court.
The DCS Specialist should request from the Consulate:
- Assistance with obtaining official copies of birth certificates that are certified for authenticity; and
- Names of appropriate agencies within the country that can assist in:
- identifying relatives or other placement options, and
- conducting necessary background checks and home studies.
Documentation
- Efforts to obtain information regarding the child’s nationality and family history, and
- Responses or questions of the applicable Consulate and any information provided to them.
Effective Date: November 30, 2012
Revision History:
Chapter 2: Section 11.5Investigation Involving Licensed and Unlicensed Foster Homes
Coordinate with the child’s DCS
Specialist , OLR and the licensing agency/specialist in order to
clarify the allegations and the investigation process.
Within six hours, in emergency situations where the child has been removed, provide the out-of-home care provider with the Notice of Removal, CSO-1039.
If the
temporary custody of the provider’s child is clearly necessary to
prevent abuse or neglect and the provider is present when the child is
taken into temporary custody, verbal and written notice (Temporary
Custody Notice) must be provided immediately. If the provider is not
present at the time of removal, the DCS Specialist must attempt to
notify the provider immediately either in-person or by phone. The
Temporary Custody Notice must be served within six hours of removal.
For more information on providing notice of temporary custody, see Providing Emergency Intervention.
Also, notify the following individuals within 24 hours of the removal:
- the child’s DCS Specialist and/or Supervisor;
- the out-of-home care provider’s licensing agency/specialist and/or supervisor, if applicable;
- the Office of Licensing and Regulations representative, if applicable;
- the Regional Program Administrator or designee; and
- the Assistant Attorney General, if applicable.
Follow the procedures outlined in Placement Stability for Children in Out-Of-Home Care if the licensed foster parent disagrees with the removal of the child and requests a case conference.
For Reports Alleging Criminal Conduct
Conduct the investigation in
accordance with protocols established with the appropriate municipal or
county law enforcement agency (see Chapter 2: Section 3- Interviews ).
Contact the following individuals:
- DCS Specialist and/or Supervisor for each child in the home.
- The child’s DCS Specialist will notify the child’s parent or legal guardian and the child’s attorney and/or guardian ad litem and CASA if applicable of the report
- the Office of Licensing and Regulations (OLR), by email at FHGHReportsLICISSClosures@AZDCS.gov , if applicable;
- the DES Office of Licensing, Certification, and Regulation for Child Developmental Homes under DDD, by email at DDDNotificationsFromDESAgencies@azdes.gov., if applicable; and
- the out-of-home care provider’s licensing agency/specialist and/or supervisor, including public or private licensing agencies, verbally or by email, if applicable.
For Non-Criminal Conduct Allegations
Notify the following individuals of the report:
- DCS Specialist and/or Supervisor for each child in the home.
- The child’s DCS Specialist will notify the child’s parent or legal guardian and the child’s attorney and/or guardian ad litem and CASA if applicable of the report.
- the Office of Licensing and Regulations (OLR), by email at FHGHReportsLICISSClosures@AZDCS.gov, if applicable;
- the DES Office of Licensing, Certification, and Regulation for Child Developmental Homes under DDD, by email at DDDNotificationsFromDESAgencies@azdes.gov, if applicable;
- the out-of-home care provider’s licensing agency/specialist and/or supervisor, including public or private licensing agencies, verbally or by email, if applicable, and
- the out-of-home care provider.
Notify the out-of-home care provider within six hours when a child has been interviewed
Investigation Finding
Follow the procedures found in Substantiating Maltreatment to determine the investigation finding.
The finding and tracking
characteristic (if applicable) should be entered in the Investigation
Allegation Findings window and/or Investigation Tracking Characteristic
Findings window within 45 days of the date that the Department received
the initial report information.
If the findings indicate that the report is unsubstantiated:
- Notify each
child’s DCS Specialist and/or Supervisor, the out-of-home care provider
and other staff of the finding with eight working hours;
- The child’s DCS Specialist will notify the child’s parent or legal guardian and the child’s attorney and/or guardian ad-litem and CASA if applicable of the investigative findings within eight working hours.
- Provide written notification of the investigation findings to the alleged perpetrator within three working days
- Provide written notification to OLR by email at FHGHReportsLICISSClosures@AZDCS.gov of the investigation findings and any licensing concerns within three working days
- Inform the out-of-home care provider’s licensing agency/ specialist of any licensing concerns within three working days.
- Complete the written report of the investigation and findings within ten working days after completion of the investigation.
If the Department intends to propose substantiation of the report:
Verbally notify each child’s
DCS Specialist and/or Supervisor, the out-of-home care provider and
other staff of the proposed substantiated finding with eight working
hours of completing the investigation;
- The child’s DCS Specialist will notify the child’s parent or legal guardian and the child’s attorney and/or guardian ad-litem and CASA if applicable of the investigative findings within eight working hours.
Within five working days after completing the investigation, convene a case conference that includes the following
- the out-of-home care provider;
- the investigating DCS Specialist and Supervisor;
- each child’s DCS Specialist and Supervisor;
- the out-of-home care provider’s licensing agency/ specialist and supervisor;
- the Office of Licensing, Certification and Regulations representative;
- the Assistant Attorney General responsible for licensing;
- the Regional Program Administrator or designee; and
- other staff member, law enforcement or attorneys as necessary.
The
out-of-home care provider may bring a person representing his or her
interests. The provider must waive his or her right of confidentiality
prior to this person's participation in the case conference. Personally
identifying information shall not be disclosed to persons not
authorized to receive information pursuant to ARS §8-807.
At the case conference:
- Discuss the proposed substantiated investigation findings
- Discuss and determine any agency recommendations regarding licensing.
- Provide the out-of-home care provider an opportunity to discuss the findings of the DCS investigation and licensing issues.
Be aware of the following responsibilities for follow-up:
- If the case conference results in a licensing recommendation other than revocation, OLR/ Family Home Licensing liaison sends the licensed out-of-home provider a letter discussing any licensing issues within three days of the case conference.
- If the recommendation of the case conference is to revoke the license of a provider, OLR may offer the provider the option of voluntary withdrawal from the program.
- If revocation is required, the OLR Program Administrator or designee sends the provider a letter within four weeks of the case conference, after consultation with an Assistant Attorney General
- If the case conference confirms a proposed substantiated finding, enter the finding and/or tracking characteristic if applicable in the Investigation Allegation Findings window and /or Investigation Tracking Characteristic Findings window within one day of the case conference.
Documentation
In
addition to the requirements for documentation of DCS investigations,
described above, document the following in Section II of the Child
Safety and Risk Assessment (CSRA):
- notification of each child's parent(s) or legal guardian, DCS Specialist and/or supervisor, OLR and the out-of-home care provider’s licensing agency/ specialist and/or supervisor of the report; and
- the opening conference with the out-of-home care provider or the reason that the conference did not occur.
If the child is removed:
Complete the following windows in CHILDS when a temporary custody notice has been issued:
- Legal Status
- Removal Status
- Removal Settings
Document the search for relatives in the Locate Efforts case note type.
If the report is unsubstantiated:
- Document the verbal and written notification of parent(s), legal guardian, out-of-home care provider and staff of the finding;
- Send a copy of the confidential written report of the investigation to each child's DCS Specialist , OLR, the out-of-home care provider’s licensing agency/ specialist and/or supervisor and the Regional Program Administrator; and
- File the original report in the hard copy record.
If the Department intends to substantiate the report:
- Send a copy of the confidential written report of the investigation to each child's DCS Specialist , OLR, the out-of-home care provider’s licensing agency/ specialist and/or supervisor and the Regional Program Administrator; and
- File the original report in the hard copy record.
Effective Date: November 30, 2012
Revision History:
Chapter 2: Section 11.6Investigation of Group Care
All investigations of abuse or
neglect in a congregate care facility shall be conducted in accordance
with the Department’s investigation policies and procedures except as
specifically set forth below.
When conducting investigations
of alleged physical abuse occurring in congregate care facilities, an
Investigator or Specialist must comply with policies set forth in
Initial Contact and Conducting Interviews Family Functioning Assessment
at Investigation, Present Danger Assessment and Planning, and
Substantiating Maltreatment, unless all of the following criteria are
met:
- The alleged victim presents with no visible evidence of the alleged offense (i.e. bruises, marks, lacerations, or abrasions)
- The alleged victim has no injuries discovered during medical imaging (i.e. X-Rays, MRI, CT Scan)
- There is no indication or information that additional children living within, or previously within the group home have relevant information regarding the alleged physical abuse.
- The OCWI Chief, Deputy Chief, or Program Administrator have approved.
If the
above criteria are met, an Investigator or Specialist is not required
to interview all children living in the group home at the time of the
alleged physical abuse. They must, however, determine and document the
name, age and current condition of those children. In doing so, the
investigator may use the assigned on-going case manager’s Family
Functioning Assessment. The Investigator or Specialist shall document,
in the CSRA, the date contact was made, the case identification number
pertaining to those contacts, and the complete name of the DCS
Specialist who completed the contact.
Coordinate investigation of
criminal conduct allegations with law enforcement, according to
protocols established with the appropriate county law enforcement
agency. More information can be found in Conducting Interviews.
Complete the Unusual Incident
Report (DCS-1125) and route according to the form’s instruction as
applicable. See (Quality Assurance; Unusual Incidents) for specific
instructions and procedures for completing and routing the Unusual
Incident Report.
Identify the licensing authority and contact person for the facility, and the child placing agency(s) for the alleged victim.
Notifications
For criminal conduct
allegations, notification must be made in accordance with protocols
established with the appropriate municipal or county law enforcement
agency.
For all other allegations and
unless otherwise indicated, make every attempt to notify the following
as soon as possible but no later than the next business day of receipt
of the report:
- the licensing authority,
- the child victim’s placing agency(s) or assigned case manager(s), if known,
- the facility’s administrator or designee (unless an unannounced visit is necessary), and
- the identified child victim’s parent or guardian if the child is placed by the child’s parent or guardian, if known.
Provide an opportunity for the
licensing authority representative and the identified child victim’s
placing agency(s) to participate in the investigation. As appropriate,
provide an opportunity for the facility’s administrator or designee to
cooperate with the investigation.
Guidelines for the conduct of the investigation
The investigation process should be a collaborate effort through ongoing communication among all involved agencies.
The congregate care facility:
- will be informed of the investigation and nature of the allegation and be informed of staff and children who will be interviewed, except when the administrator is the alleged abusive person or when prior notice may jeopardize the safety of the child;
- may seek legal counsel at any time during the investigation process;
- have the opportunity to present and discuss information relevant to the investigation before a finding is made;
- will be given a status report on the progress of an investigation not completed within 45 days of the date that the Department received the initial report information.; and
- may receive a redacted copy of the summary of the investigation.
Visits will be coordinated with
the facility to minimize disruption whenever possible. If the visit is
unannounced, notify the agency administrator or designee immediately
upon arrival.
Investigative techniques may
vary depending upon the nature of the report and the congregate care
setting. Investigations include gathering or reviewing information that
is pertinent to the allegation being investigated. Information may
include but is not limited to:
- the facility’s policies and procedures;
- the child victim’s specific records including daily log sheets, progress notes, therapeutic notes, medical reports, incident reports, restraint reports, video monitor tapes;
- any prior allegation and outcome of an investigation of child abuse or neglect concerning the alleged perpetrator;
- the licensing and accreditation records including any corrective action plans or enforcement action; and
- the alleged perpetrator’s staff record.
The DCS Specialist may examine and photograph the facility’s physical structure as warranted.
Coordination with other agencies throughout the investigation
Throughout the investigation process, maintain contact and exchange information with the:
- licensing authority,
- child victim’s placing agency(s) or assigned case manager(s),
- facility’s administrator or designee, and
- child’s parent or guardian if the child is placed by the parent or guardian.
Ensure that information
pertinent to child safety and well-being are communicated to the above
persons. Provide contact information for the DCS Specialist and
Supervisor in order to facilitate communication.
Finding
Follow the procedures found in Substantiating Maltreatment to determine the investigation finding.
The finding and tracking
characteristic (if applicable) should be entered in the Investigation
Allegation Findings window and/or Investigation Tracking Characteristic
Findings window within 45 days of the date that the Department received
the initial report information.
Closing the Investigation
Every attempt should be made to
complete the investigation within 45 days. Consult with the Supervisor
if the investigation is expected to remain open for more than 45 days.
Complete a summary of the investigation that includes the following:
- the name of alleged victim and alleged perpetrator,
- each allegation investigated,
- the names of all the persons interviewed,
- all documents reviewed,
- summary of the information gathered,
- the finding,
- concerns and/or recommendations regarding the facility’s ability to assure the protection of the children in placement.
- The concerns and/or recommendations should relate directly to the specific allegations and/or safety and well-being of children placed in the facility.
Within 15 working days of the investigation closure, provide a redacted copy of the summary of the investigation to the:
- licensing authority,
- child victim’s placing agency(s) and assigned case manager(s); (The assigned DCS Specialist may receive an un-redacted copy of the summary.)
- the facility’s administrator or designee; if the administrative head is the alleged perpetrator, send the summary to the administrative supervisor and/or facility's board of directors, and
- the child victim’s parent or guardian if the child is placed by the parent or guardian.
For DES licensed facilities: if
concerns regarding a licensing standard are noted, the Office of
Licensure and Certification (OLCR) will follow its protocols to address
such concerns.
For DHS licensed facilities: if
concerns regarding a licensing standard are noted, the, DHS will follow
its protocols to address such concerns.
Status Communications Concerning Physical Injury or Sexual Conduct between Children
Follow the procedures as described above. Gather information to answer the following questions:
- Was the child placed in out-of-home care due to physical or sexual abuse?
- Does the child have a history of sexually acting out behavior or sexual conduct with another child?
- Does the child have a history of inflicting physical injury to another child?
- Was the facility aware of the child’s history of physical injury or sexual conduct with another child?
Discuss the information
gathered with the Supervisor. Determine whether the physical injury or
sexual conduct between children was the result of inadequate supervision
based on the following questions:
- Was the facility aware or informed of the child’s history of inflicting physical injury to or sexual conduct with another child?
- What efforts were made by the facility to adequately supervise the children in the facility?
- What efforts were made to assist the facility in supervising the children?
- Make a report to the Child Abuse Hotline when physical injury or sexual conduct between children was the result of inadequate supervision, or when there are other indicators of neglect or abuse.
Effective Date: June 23rd, 2017
Revision History: November 30, 2012
Chapter 2: Section 11.7Investigation Involving Department of Child Safety Employees
If a participant has been identified as an employee, which includes any parent, guardian or custodian:
- Search CHILDS in Person Directory and check for a Y under Staff;
- Search the State Employee Directory book at http://ebook.state.az.us/ or http://ibook.state.az.us/;
- Search the internal regional employee lists;
- Search CHILDS under Staff Management, Staff Registry; and
- Search email address book in Outlook.
All communications regarding
employees are confidential, including all reports, status, second
source, additional information and licensing issue communications
regarding an employee.
The Intake Specialist taking an
employee communication discusses the communication as needed directly
with the Hotline Program Manager maintaining the strictest confidence
and does not discuss the communication with any other Department
employee.
If it is determined an incoming communication pertains to an employee:
- • Notify the Child Abuse Hotline Administrator;
- • Identify the employee’s PID(s) in the person directory window;
- Do not use the staff person PID or source person PID if the employee’s role is a mandated reporter;
- If a participant or provider PID already exists, use that PID;
- Create a new participant PID for the employee only, entering the employee's date of birth, not the social security number, address or phone number.
- If the communication meets report criteria, enter the communication type, “Report on DCS;"
- In the narrative, indicate which individual is the employee and include the employee's social security number, address, and phone number in the Family Composition section;
- If the communication meets report criteria, assign and disposition the report to the Regional Program Administrator . If there is an employee report flag on an existing case, the Intake Specialist may not link the communication; and
- If criminal conduct exists, do not send the email notification to the OCWI; the Child Abuse Hotline Administrator completes this step.
To limit access to employee reports in CHILDS, the Child Abuse Hotline Administrator:
- If necessary, verifies employee status.
- Links the communication to the existing case if applicable.
- Flags the case as “Employee Rpt" in the LCH416 window as follows:
- If there is an existing case, search and select the case from the Case Directory (LCH056) window;
- If there is not an existing case, dispositions the report for investigation first and assigns to the Regional Program Manager. After the report is assigned and case created, the case will be flagged as "Employee Rpt;"
- Provides necessary explanation in the text box of this window;
- If the report is a Response Time 1, immediately notifies the Regional Program Administrator of where the report is assigned and the Deputy Director of Field Operations and follow-ups with an email notification;
- If the report is a Response Time 2, 3, or 4, notifies the following individuals via email:
- Regional Program Administrator where the report is assigned;
- Regional Program Administrator of the employee, if different than the region assignment;
- Chief of the OCWI if criminal conduct allegations exists;
- Chief of the OCWI if the employee is employed with the OCWI; and
- Deputy Director of Field Operations;
- • Includes in the email notification the following information:
- Date and Time Report Received:
- Case Name or Report Name;
- Case ID or Report #;
- Case Status: (open/ closed/ priors);
- Criminal Conduct Allegations: (yes or no);
- Regional Assignment: Regional Program Manager of where the report is assigned;
- Employee's office: (if known); and
- Narrative: (Cut and paste the narrative from CHILDS).
- If only a communication is taken, notifies the Deputy Director of Field Operations if law enforcement needs to be contacted or if a potential personnel infraction has occurred.
When a report is received on a
foster parent who is also an employee, take as employee report and keep
the information. Indicate in the narrative the employee is a foster
parent.
If a communication is received
from a source whose complaint is regarding the performance of an
employee, do not enter into CHILDS. After determining the source does
not have concerns about the welfare of children, the Intake Specialist
may:
- Refer the caller to the appropriate DCS Supervisor, Program Manager or OCWI Manager if s/he has not already informed that person of the concern;
- Refer to the DCS Family Advocate at 602-364-0777;
- Refer to a Intake Supervisor if the concern is immediate or the caller cannot be referred to the DCS Supervisor, Program Manager, Family Advocate, or the OCWI Manager; and/or
- The Intake Supervisor or Intake Specialist notifies the Child Abuse Hotline Administrator via email. Child Abuse Hotline Administrator forwards the information to the appropriate Regional Staff and/or DCS Administration or the Chief and the Deputy Chief of Programs of the OCWI.
If a communication is received
after the employee leaves employment, the Hotline Program Manager
unflags all communications and case as "Employee Rpt" in the LCH416
window.
Investigation of Employee Reports
The Child Abuse
Hotline Administrator sends an e-mail to the Deputy Director of Field
Operations with notification of the report of a Department employee.
The Deputy Director of Field Operations develops a plan of action for
the investigation of the report, including report assignment and
coordination with the OCWI if applicable.
If upon investigation, a report
is found to involve an employee, the receiving DCS Supervisor notifies
his/her Regional Assistant Program Manager who notifies the Regional
Program Manager. The Regional Program Manager informs the Deputy
Director of Field Operations.
If a DCS Supervisor is
concerned about any perceived conflict, he/she may consult with the
Program Manager or Regional Program Administrator.
To limit access to employee reports, whenever the Regional Program Manager determines the report to involve an employee:
- Contact CHILDS, the Child Abuse Hotline Administrator, or the Intake Program Manager to flag the case as “Employee Rpt” in the LCH416 window and provide the necessary explanation in the text box of this window;
- Notify the
Deputy Director of Field Operations about the report following email
notification format above. Also notify the following individuals if
applicable:
- If the employee works in another region within DCS or at OCWI, notify the employee's Regional Program Administrator or the Chief of the OCWI;
- If criminal conduct allegations exist, notify the Chief of the OCWI;
- Notify the Child Abuse Hotline Administrator to:
- Add an Additional Information communication to the original report with information, such as, the employee's social security number, address, and phone number;
- Delete the social security number, address, and phone number from the Person Detail window; and/or
- Flag all other associated communications.
The Deputy Director of Field
Operations may request that another region or local office outside the
geographical area of the employee’s place of residence investigate the
report. The employee is not to be notified of the report nor shall
confidential information be released without the written consent of the
alleged abusive caretaker.
If another region or local
office is requested to investigate the report, the Program Manager or
Regional Program Administrator responds within 24 hours of the request
to confirm s/he can complete the investigation or to request additional
information. The assigned investigator completes the Child Safety and
Risk Assessment in CHILDS and all other required CHILDS windows,
including the investigation allegation findings, according to DCS
Policy.
Effective Date: July 1, 2013
Revision History: November 30, 2012
Chapter 2: Section 12Determining the Level of Department Intervention, Services and Court Oversight
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The Department may arrange, provide, and
coordinate programs and services that protect children and may provide
programs and services that achieve and maintain permanency on behalf of
the child, strengthen the family and provide prevention, intervention,
and treatment for abused and neglected children. After completing the Family Functioning Assessment – Investigation, the Department shall determine the level of Department intervention necessary to manage child safety and reduce risk of future abuse or neglect. The Department shall determine whether to:
If a case will be opened for ongoing services, the Department shall determine if the services will be provided:
When the Family Functioning Assessment (FFA) – Investigation results in a determination that all children in the home are safe from impending danger, the Department shall engage with the family to identify areas of need that may be addressed through community-based, Department-referred, or Department-monitored services or supports to strengthen family protective factors in order to reduce the risk of future abuse or neglect; and:
When the Family Functioning Assessment (FFA) – Investigation results in a determination that a child in the home is unsafe due to impending danger, the Department shall:
When a child is assessed as unsafe and the child is in out-of-home care or the safety plan includes the child being separated from one or both parents, the Department shall file a dependency petition. The Department shall engage the child's family to the greatest extent possible in planning for interventions that minimize Department intrusion while ensuring the safety of the child. |
Procedures
Determining the Level of Department Intervention for Families with Children Assessed as Safe
To determine whether the family may benefit from community-based, Department-referred, or Department-monitored services, assess the family’s protective factors. The protective factors are:
- social and emotional competency of children,
- social connections,
- concrete support in times of need,
- knowledge of parenting and child development, and
- parental resilience.
Seek input from the parents, guardians, and/or custodians, and the children when developmentally appropriate, to identify protective factors and caregiver protective capacities that can be strengthened in order to reduce the likelihood of future abuse or neglect. Refer to Guided Pathways – Services for Safe Children for guidance on evaluating protective factors and determining the need for services.
Consider the following questions to determine the level of Department services and intervention necessary to strengthen the family’s protective factors, and to gauge the family’s commitment to participating in services:
- What is the perceived likelihood that without service participation the parent, guardian and/or custodian’s protective factors will be unchanged or lessen, or DCS will receive another report about abuse or neglect in this family?
- Has the family received services previously, and did they participate and benefit from the services without Department intervention?
- Do the parents, guardians, or custodians demonstrate a recognition of the problems in the family and a readiness to change? (See Practice Guidelines- Parents Readiness for Change)
- Does the family have a community and/or support network that is likely to assist the family access and participate in services?
- Does the family require the assistance of the Department to access services, or services that require an open case with DCS?
- What is the least intrusive level of intervention that will sufficiently strengthen the identified protective factors?
- Is the family willing to participate in voluntary ongoing case management services from the Department?
Community Based Services and Case Closure
If the family’s identified needs can be met by a community-based or DCS-referred service, the family does not require DCS intervention and case management to encourage and monitor service participation, and the family is in agreement, complete an Aftercare Plan with the family following the procedures in Aftercare Planning and Services. Arrange or provide information about the identified services, and close the case.
Voluntary In-home Services and Case Transfer
If it is determined that the family would benefit from DCS-monitored services and/or for ongoing case management by the Department and the family is in agreement, the DCS Specialist shall transfer the case to ongoing case management following the procedures in Case Transfer.
Determining the Level of Department Intervention for Families with Children Assessed as Unsafe
Upon completing the Family Functioning Assessment – Investigation, if any child in the home is determined to be unsafe due to impending danger, the Department shall implement a safety plan and open a case for services. Follow the procedures in Safety Planning to determine the level of Department intervention necessary to sufficiently manage child safety in the least intrusive manner. Transfer the case to ongoing case management following the procedures in Case Transfer.
Determining the Level of Court Oversight
Upon determining that a child is unsafe due to present and/or impending danger, or upon completing the Family Functioning Assessment – Investigation, determine whether court oversight is needed, and the necessary level of court oversight. Levels of court oversight include in-home intervention, in-home dependency, and out-of-home dependency.
In-Home Intervention
A petition for an in-home intervention may be filed for a child who has been assessed as safe or unsafe as long as the child remains in the care of their parent, guardian, or custodian. To determine if a child is eligible for a petition for an in-home intervention, follow policy and procedure as outlined in In-Home Intervention.
In-Home Dependency
A petition for an in-home dependency petition may be filed for a child who has been assessed as safe or unsafe as long as the child remains in the care of their parent, guardian, or custodian. To determine if a child is eligible for a petition for an in-home dependency, follow policy and procedure as outlined in In-Home Dependency.
Out-of-Home Dependency
The Department must file a petition for an out-of-home dependency when:
- the child has been assessed as unsafe and the safety plan is out-of-home care or separation of the child from one or both parents (such as a safety plan that requires a parent to leave the home as a safety action); and
- legal grounds for dependency exist.
Follow policy and procedures outlined in Emergency Removal if any child is taken into temporary custody. For more information, see Out-of-Home Dependency.
Documentation
Document in Case Notes, contacts with the following persons:
- family members,
- Department personnel,
- members of the service team,
- tribal social services representatives, and/or other service team members regarding the case.
Documentation of contacts should include information on dates, places, individuals involved, and the nature of the contact, and provide a factual summary of the following:
- observations of the family's interactions, written in behavioral terms; and
- observations of the environment.
Document all conversations with the family regarding the Department’s level of intervention. These conversations may be documented in either the CSRA or in case notes.
Document all conversations with the family regarding protective factors that may be strengthened, including information on community-based or Department provided service referrals. These conversations may be documented in either the CSRA or in case notes.
File a copy of the PS-067 and any additional addendum in the hard copy record.
File copies of all assessments, treatment records, monthly reports, and other related documents in the hard copy record.
If the case will be closed at the conclusion of the investigation, follow documentation requirements as outlined in Aftercare Planning and Services.
The DCS Program Supervisor will document the level of intervention and court oversight (if needed) in either the Clinical Supervision Discussion in the CSRA or in the Supervisory Case Progress Review in the Court Document Directory.
The DCS Program Supervisor will document the decision and justification regarding level of intervention in either the Clinical Supervision Discussion in the CSRA or in the Supervisory Case Progress Review in the Court Document Directory.
File a copy of service referrals in the hard copy record.
Effective Date: January 31, 2018
Revision History:
https://dcs.az.gov/about/dcs-policies
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