February 2019
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CHILD PROTECTIVE
SERVICES POLICY
West Virginia Department of Health and Human Resources
Bureau for Children and Families
Office of Children and Adult Services
Revised February 2019
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Section 1 Philosophy and Foundation .....................................................................8
1.1 Introduction .................................................................................................................. 8
1.2 Philosophical Principles ............................................................................................... 9
1.3 Mission of the Bureau for Children and Families ...................................................... 11
1.4 Roles........................................................................................................................... 11
1.5 Legal Basis ................................................................................................................. 12
1.6 Target Population ....................................................................................................... 16
1.7 Casework Process....................................................................................................... 17
1.8 Reporting .................................................................................................................... 17
1.8.1 Reporting and communication with the Family and Circuit Courts....................... 20
1.9 Meaningful Contacts................................................................................................... 21
Section 2 Definitions................................................................................................ 22
2.1 Terms Defined by Statute........................................................................................... 22
2.2 Operational Definitions .............................................................................................. 26
2.2.2 Neglected Child ...................................................................................................... 28
2.3 Additional Operational Definitions ............................................................................ 30
Section 3 Intake Assessment..................................................................................34
3.1 Introduction ................................................................................................................ 34
3.2 Intake Assessment Protocol........................................................................................ 34
3.3 Report Screening ........................................................................................................ 37
3.4 Response Times.......................................................................................................... 38
3.5 Reporting to Law Enforcement, Prosecuting Attorney and Medical Examiner......... 44
3.6 Centralized Intake....................................................................................................... 44
3.7 Repeat Maltreatment (Intake)..................................................................................... 44
3.8 Reports Involving another Jurisdiction....................................................................... 45
3.9 Reports Involving Non-Custodial Parents.................................................................. 46
3.10 Reports Involving Certain Abandoned Children (Safe Haven).................................. 46
3.11 Reports Made by the Court during Infant Guardianship Proceedings........................ 47
3.12 Reports Involving Critical Incidents................................................................................. 47
3.12.1 Definitions: ................................................................................................................ 47
3.12.2 Procedures............................................................................................................... 48
3.13 Reports Involving DHHR Employees or Other Potential Conflicts of Interest ......... 48
3.14 Reports Involving Medical Neglect of a Disabled Child ........................................... 49
3.15 Reports Involving Domestic Violence ....................................................................... 50
3.16 Reports Made by the Court during Domestic Violence Protective Order Proceedings
50
3.17 Reports Involving Parents Knowingly Allowing Abuse and/or Neglect ................... 51
3.18 Reports Involving Allegations Made During Divorce/Custody Proceedings ............ 52
3.19 Reports Involving Substance Use or Abuse ............................................................... 53
3.20 Reports Involving Informal, Unlicensed/Unregistered Child Care Settings.............. 54
3.21 Reports Involving Non-caregivers and/or Requests from Law Enforcement ............ 55
3.22 Reports Involving Sexual or Abusive Interactions between Children ....................... 56
3.23 Reports Involving Registered Child Sex Offenders ................................................... 57
3.24 Reports Involving Individuals on the Child Abuse and Neglect Registry ................. 58
3.25 Reports Involving Pregnant Women Who do not have Children............................... 59
3.26 Reports Involving Educational Neglect...................................................................... 59
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3.27 Reports Involving Children Found at Clandestine Drug Laboratories and/or Exposed
to Methamphetamine Residue Contamination.......................................................................... 60
3.28 Reports Involving Human Trafficking ....................................................................... 61
3.30 Reports Involving Institutional Investigative Unit (IIU) and Child Maltreatment in
Group Residential and Foster Family Settings ......................................................................... 62
3.31 Reports Involving the Institutional Investigative Unit (IIU) and Child Maltreatment in
School Settings.......................................................................................................................... 64
3.32 Reports involving Institutional Investigative Unit (IIU) and Licensed Child Care
Centers/Registered Family Child Care Facilities/Registered Family Child Care homes ......... 66
SECTION 4 FAMILY FUNCTIONING ASSESSMENT.................................................. 68
4.1 Purpose of the Family Functioning Assessment......................................................... 69
4.2 Family Functioning Assessment Protocol.................................................................. 69
4.3 CPS Social Worker Preparation ................................................................................. 70
4.4 Initial Family Contact................................................................................................. 71
4.5 Notification of Parent’s and Children’s Rights .......................................................... 72
4.6 Information Collection ............................................................................................... 73
4.6.1 Family Functioning Assessment Areas................................................................... 75
4.7 Present Danger Assessment........................................................................................ 76
4.8 Temporary Protection Plans ....................................................................................... 80
4.9 Safety Evaluation........................................................................................................ 82
4.10 Maltreatment Findings................................................................................................ 92
4.11 Safety Evaluation Conclusion .................................................................................... 93
4.12 Case Transfer Conference .......................................................................................... 94
4.13 Safety Analysis and Safety Planning.......................................................................... 95
4.14 In-home Safety Plan ................................................................................................... 96
4.15 Reasonable Efforts to Prevent Removal..................................................................... 97
4.16 Safety Services ........................................................................................................... 98
4.16.1 Safety Services and Socially Necessary Services................................................. 102
4.17 Out-of-Home Safety plan ......................................................................................... 103
4.18 Statutory Remedies for Protecting Children............................................................. 104
4.19 Imminent Danger...................................................................................................... 105
4.20 Completion of the Family Functioning Assessment................................................. 106
4.21 Notification to individual’s subject of the Family Functioning Assessment. Note:
Pilot Counties refer to special instructions regarding notification letters............................. 108
4.21.1 Notification to parents who are not subject of the Family Functioning Assessment
108
4.21.2 Mandatory reporter notification............................................................................ 109
4.22 Diligent Efforts to locate children who are reportedly abused or neglected ............ 109
4.22.1 Administrative Subpoena...................................................................................... 110
4.23 Incomplete Family Functioning Assessments.......................................................... 110
4.24 WV Birth to Three Program Referrals ..................................................................... 111
4.25 Personal Safety ......................................................................................................... 112
4.26 Family Functioning Assessments where children are determined to be abused or
neglected but safe.................................................................................................................... 113
4.27 Completing Family Functioning Assessments in which reasonable efforts to prevent
the child from removal of the home is not required (49-4-602(d).......................................... 114
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4.28 Family Functioning Assessments Involving another Jurisdiction............................ 115
4.29 Family Functioning Assessments Involving Certain Abandoned Children (Safe
Haven) 116
4.30 Family Functioning Assessments Involving Child Custody .................................... 117
4.31 Family Functioning Assessments Involving Allegations Made During Infant
Guardianship Proceedings ...................................................................................................... 118
4.32 Family Functioning Assessments Involving Critical Incidents……………………120
4.33 Family Functioning Assessments Medical Neglect of a Disabled Child (Baby Doe)
122
4.34 Family Functioning Assessments Involving Domestic Violence............................. 123
4.35 Family Functioning Assessments Involving Allegations Made During Domestic
Violence Protective Order Proceedings.................................................................................. 125
4.36 Family Functioning Assessments Involving Parents Knowingly Allowing Abuse
and/or Neglect......................................................................................................................... 127
4.37 Family Functioning Assessments Involving Allegations Made During
Divorce/Custody Proceedings................................................................................................. 129
4.38 Investigations Involving Informal, Unlicensed/Unregistered Child Care Settings.. 130
4.39 Family Functioning Assessments Involving Non-Custodial Parents ....................... 133
4.40 Family Functioning Assessments Involving Substance Use or Abuse........................... 133
Drug-Affected infants:........................................................................................................ 133
4.42 Family Functioning Assessments Involving Sexual or Abusive Interactions between
Children……........................................................................................................................... 138
4.43 Family Functioning Assessments Involving Registered Child Sex Offenders......... 139
4.44 Family Functioning Assessments Involving Registered Child Abusers .................. 140
4.45 Family Functioning Assessments Involving Educational Neglect........................... 140
4.46 Repeat Maltreatment................................................................................................. 142
4.47 Family Functioning Assessments Involving Human Trafficking............................. 142
4.48 Family Functioning Assessments Involving Unaccompanied Children in
Disasters……………………………………………………………………………………...145
4.49 Family Functioning Assessments Involving Referrals on Families in the Military.147
4.50 Family Functioning Assessments Involving Temporary Assistance for Needy
Families (TANF) Drug Testing……………………………………………………………...149
4.51 Investigations Involving Institutional Investigative Unit (IIU) and Child Maltreatment
in Group Residential and Foster Family Settings................................................................... 148
4.52 Investigations Involving the Institutional Investigative Unit (IIU) and Child
Maltreatment in School Settings............................................................................................. 153
4.53 Investigation Involving Institutional Investigative Unit (IIU) and Licensed Child Care
Centers/Registered Family Child Care Facilities/Registered Family Child Care Homes ...... 155
SECTION 5 CPS ONGOING SERVICES.................................................................... 158
5.1 Introduction .............................................................................................................. 158
5.2 Purpose of the Protective Capacities Family Assessment and Family Case Plan.... 159
5.3 Protective Capacity Family Assessment Concepts................................................... 159
5.3.1 Caregiver Protective Capacities............................................................................ 159
5.3.2 Safe Home Environment....................................................................................... 164
5.3.3 Family Centered Practice...................................................................................... 164
5.3.4 Solution Based Intervention.................................................................................. 164
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5.3.5 The Involuntary Client.......................................................................................... 165
5.3.6 Motivation and Readiness..................................................................................... 165
5.3.7 Active Efforts........................................................................................................ 167
5.4 Ongoing CPS Social Workers Responsibilities........................................................ 167
5.5 Safety Intervention Competencies............................................................................ 168
5.6 The Ongoing CPS Social Worker’s Role during the Protective Capacity Family
Assessment and Family Case Plan.......................................................................................... 169
5.7 SAMS Ongoing Case Management Responsibilities............................................... 172
5.8 Case Transfer-Preparing for the Protective Capacities Family Assessment ............ 172
5.8.1 Documentation Review......................................................................................... 173
5.8.2 Case Transfer Staffing .......................................................................................... 174
5.8.3 Safety Management Responsibilities.................................................................... 175
5.8.4 Case Transfer meeting with the family................................................................. 177
5.9 Ongoing Safety Management................................................................................... 177
5.9.1 Managing the In-Home Safety Plan...................................................................... 178
5.9.2 Managing the Out-of-Home Safety Plan .............................................................. 179
5.10 Continuing Formal Evaluation of Child Safety........................................................ 181
5.11 Conducting the Protective Capacities Family Assessment....................................... 183
5.11.1 PCFA Decisions.................................................................................................... 184
5.11.2 The Trans-Theoretical Model (TTM)...................................................................... 184
5.12 Initiation of the PCFA-Introductory Stage............................................................... 185
5.12.1 Foster Care Candidacy.......................................................................................... 186
5.13 Completing the Protective Capacities Family Assessment-Discovery Stage........... 186
5.14 Assessment of the Children’s Needs in Ongoing CPS............................................. 188
5.15 Caregivers who refuse to cooperate with the PCFA................................................. 192
5.16 Family Case Plan-Change Strategy Stage ................................................................ 192
5.17 Documenting the Family Case Plan ......................................................................... 193
5.18 Family Case Plan Components................................................................................. 195
5.19 Conclusion of the PCFA and Family Case Plan....................................................... 195
5.20 Managing the Family Case Plan and Service Provision........................................... 196
5.20.1 Role of the CPS Social Worker in Family Case Plan Service Provision.............. 197
5.21 Family Case Plan Evaluation.................................................................................... 198
5.21.1 The purposes of the Family Case Plan Evaluation are: ........................................ 198
5.21.2 Completing the Family Case Plan Evaluation...................................................... 198
5.22 PCFA and Family Case Plan Change Strategy in relation to Foster Care Legal
Requirements for a Child or Family Case Plan ...................................................................... 199
5.23 Conditions for Reunification with Caregivers.......................................................... 204
5.23.1 Contact with Caregivers and Children Following Reunification.......................... 204
5.23.2 Contact with Safety Service Providers Following Reunification......................... 205
5.23.3 Supervisory Consultation and Approval............................................................... 205
5.24 CPS Ongoing Case Closure...................................................................................... 205
5.25 Ongoing Services to children abused or neglected but not unsafe........................... 206
Section 6 General Information...............................................................................208
6.1 Nondiscrimination, Grievance Procedure & Due Process Standards, Reasonable
Modification Policies.............................................................................................................. 208
6.2 Confidentiality.......................................................................................................... 213
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6.3 Payment Guidelines.................................................................................................. 215
6.3.1 Gibson Payments .................................................................................................. 215
6.3.2 Medical and Mental Examinations ....................................................................... 217
6.3.3 Photographs and X-rays........................................................................................ 218
6.3.4 Expert and Fact Testimony................................................................................... 219
6.3.5 Special Medical Card (formerly known as Zero Recipient Medical Card) .......... 219
Section 7 CPS Legal Requirements and Processes...........................................220
7.1 Voluntary Placement of a Child in the Custody of the Department......................... 220
7.2 Reasonable Efforts.................................................................................................... 222
7.3 Aggravated Circumstances and other situations where reasonable efforts are not
required……………............................................................................................................... 224
7.4 Imminent Danger...................................................................................................... 225
7.5 Emergency Custody.................................................................................................. 226
7.5.1 Taking Custody of a Child in Imminent Danger without Prior Judicial
Authorization ...................................................................................................................... 226
7.5.2 Circumstances where custody is taken during the pendency of a child abuse or
neglect hearing.................................................................................................................... 228
7.5.3 Custody of a Child Taken by a Law Enforcement Officer................................... 229
7.5.4 Family Courts ordering Children into Department Custody................................. 232
7.6 Multidisciplinary Investigative Teams..................................................................... 233
7.6.1 Multidisciplinary Investigative Process................................................................ 233
7.6.2 Multidisciplinary Investigative Team................................................................... 234
7.7 Medical Examination of a Child for Evidentiary Purposes...................................... 235
7.8 Filing a Petition ........................................................................................................ 236
7.8.1 Amendments to a Petition..................................................................................... 240
7.9 Role of the Prosecuting Attorney ............................................................................. 241
7.10 Temporary Custody Pending a Preliminary Hearing ............................................... 241
7.11 Placement Requirements .......................................................................................... 242
7.11.1 Placement of a Child Whose Siblings are Already in Foster Care ....................... 243
7.12 Court Appointed Legal Counsel............................................................................... 244
7.13 Court Appointed Special Advocate (CASA)............................................................ 245
7.14 Discovery.................................................................................................................. 245
7.15 Preliminary Hearing ................................................................................................. 246
7.16 Child Support............................................................................................................ 251
7.17 Multidisciplinary Treatment Planning Process......................................................... 254
7.17.1 Multidisciplinary Treatment Team....................................................................... 254
7.18 Medical and Mental Examinations........................................................................... 255
7.19 Adjudicatory Hearing ............................................................................................... 255
7.20 Dispositional Hearing............................................................................................... 261
7.21 Uniform Child or Family Case Plan......................................................................... 268
7.22 Family Case Plan...................................................................................................... 269
7.23 Child’s Case Plan...................................................................................................... 269
7.24 Time Limited Reunification Services....................................................................... 269
7.25 Quarterly Status Reviews ......................................................................................... 270
7.26 Yearly Permanency Hearings and Permanency Hearing Reviews........................... 270
7.27 Change in a Child’s Placement - Report to the Court .............................................. 270
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7.28 Aggravated Circumstances and Other Situations Where Reasonable Efforts are not
Required.................................................................................................................................. 271
7.28.1 Compelling Reason to not Request Termination of Parental Rights.................... 273
7.29 Post-Termination Placement Plan ............................................................................ 274
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Section 1 Philosophy and Foundation
1.1 Introduction
The Safety Assessment Management System (SAMS) is a safety-based model
developed and implemented in West Virginia in 2009 and 2010. The Safety Assessment
Management System contains concepts and tools developed through consultation with
the National Resource Center for Child Protective Services (NRCCPS), through research
of case decisions made by the West Virginia Supreme Court, the Child Abuse Prevention
and Treatment Act and the Adoption and Safe Families Acts, both enacted by the U. S.
Congress. The model relies heavily on the extensive work done by Action for Child
Protection, a non-profit child welfare agency with headquarters in Charlotte, North
Carolina and Albuquerque, New Mexico. It should be noted that the NRCCPS grant
contract during the development of the Safety Assessment Management System for CPS
was held by Action for Child Protection.
This material is also based upon a combination of requirements from various sources,
including but not limited to: social work standards for practice; Council on Accreditation
Standards, the statutes contained in Chapters 48 and 49 of the Code of West Virginia;
the amended consent decree entered in the case of Gibson v. Ginsberg; the Rules of
Procedure for Child Abuse and Neglect Proceedings; Rules of Practice and Procedure
for Domestic Violence Proceedings and Rules of Practice and Procedure for Family
Court, all issued by the Supreme Court.
All DHHR employees who have any responsibility for any part of Child Protective Services
must be familiar with and have immediate access to the CPS Policy, Foster Care Policy,
Adoption Policy, Chapters 48 and 49 of the Code of West Virginia and the (Court) Rules
of Procedure for Child Abuse and Neglect Proceedings; Rules of Practice and Procedure
for Domestic Violence Proceedings, and Rules of Practice and Procedure for Family
Court.
Child Protective Services is a specialized component of a broader public system of
services to children and families. The abuse and neglect of children moved from being
largely a private matter to one of public concern in the late 19
th
century. During the first
half of the 20
th
century, the protection of children was initiated through the efforts of local,
private, non-profit societies for the prevention of cruelty to children. There were more
than 250 such societies in the 1920's acting as a catalyst to bring resources to families
and protection through the courts to the children involved in abuse and neglect. In West
Virginia, Societies for the Prevention of Cruelty to Children were organized in Wheeling
and Charleston in the late 1800's and eventually a chapter was established in each
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county. Gradually, public social services agencies began to take on more of this
responsibility. During the 1960's and 1970's, major developments in child protection
began to take place. Reporting laws were passed in every state, including West Virginia,
which requires certain professionals to report child abuse or neglect to local child
protection departments. The overall trend in public child protection has been in the
direction of providing social services so that families can ultimately become able to protect
and effectively parent their children. Yet, there are situations when family preservation is
not possible, and the safety needs of the child require another alternative.
On November 19, 1997, the President signed into law the Adoption and Safe Families
Act of 1997 (ASFA). This legislation, passed by Congress with overwhelming bipartisan
support represented an important landmark in child welfare law. It established
unequivocally that the national goals for children in the child welfare system are safety,
permanency and well-being. The law reaffirmed the need to forge linkages between the
child welfare system and other systems of support for families, as well as between the
child welfare system and the courts, to ensure the safety and well-being of children and
their families.
On June 25, 2003, the President signed into law the Keeping Children and Families Safe
Act which reauthorized and modified the Child Abuse Prevention and Treatment Act
(CAPTA). This legislation provided Federal funding to States in support of prevention,
assessment, investigation, prosecution, and treatment activities and also provides grants
to public agencies and nonprofit community-based organizations for the Prevention of
Child Abuse and Neglect
On October 7, 2008, the President signed into law the Fostering Connections to Success
and Increasing Adoptions Act. This legislation addresses some of the most important
needs affecting foster children, including extending federal foster care payments up to 21
years old, providing federal support for relatives caring for foster children, increasing
access to foster care and adoption services to Native American tribes, and improving the
oversight of the health and education needs of children in foster care.
The Child Protection system of the 21
st
century is emerging as one in which there will be
a greater emphasis on collaboration between CPS, Courts, Law Enforcement, Health and
Mental Health and community services agencies as well as a greater emphasis on timely
outcomes for children and their families.
1.2 Philosophical Principles
Philosophical beliefs about child maltreatment and their effects on families are the
single most important variable in the provision of quality CPS. Thoughts about
families, interactions with them, the decisions made independently and with families, and
how the community is involved to assist them are determined in advance by what is
believed.
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The most basic and powerful influence of helping in CPS is expressed by consistently
applying professional beliefs and values. The following philosophical principles represent
the social work orientation to CPS. These principles are fundamental to the social work
discipline and may not apply to other disciplines or agencies.
The philosophical principles of the Safety Assessment and Management System are:
Child Safety is Paramount
The mission of CPS is to assure that children are protected. SAMS is directed toward
determining who CPS should serve based on the existence of threats to a child’s safety,
and insufficient caregiver protective capacities to protect against the threats.
Permanency is an Integral Part of Safety
Permanency refers to the restoration or establishment of stable living environments for
children. It exists in tandem with child safety and well-being as the primary outcomes that
SAMS is designed to achieve. When CPS identifies children who are not safe, the issue
of the child’s permanency is automatically considered. The issue of permanency
continues until the caregiver demonstrates all necessary protective capacities to ensure
child safety, or a permanent out-of-home living arrangement is established for the child.
Rights of Children and Caregivers
Children and caregivers possess human and civil rights, and SAMS interventions are
respectful of those rights. Children have rights to be safe and secure, to be with their
families, to be associated with their culture, and to experience the least trauma or
interference in their lives as possible. Caregivers have rights related to privacy and due
process. These rights include being informed and involved, receiving prompt responses,
having their confidentiality respected, and experiencing the least amount of interference
with their families.
Respect for Families
Respect for families is essential for effective intervention. It is a value that is
demonstrated by staff communication, behavior, and interaction with children and
caregivers throughout the SAMS process.
Child Centered and Family Focused Practice
Child centered, and family focused practice promotes interventions and skills that
emphasize the family unit as the best source for solutions, engagement, involvement in
decision making, and the family network as a supportive resource.
Least Intrusive Intervention
CPS is a non-voluntary government intervention that represents interference in a family’s
life under the best circumstances. CPS intervention should only be at the level required
to 1) determine if children reported to DHHR are safe, and 2) protect children from
impending danger while attempting to restore the protective capacities of their caregivers.
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1.3 Mission of the Bureau for Children and Families
West Virginia’s Department of Health and Human Resources (DHHR), Bureau for
Children and Families (BCF) is dedicated to providing and assuring accessible quality
services for individuals and families to achieve their maximum potential and improve their
quality of life. The Office of Children and Adult Services (CAS) is committed to collaborate
in providing a social service delivery system that assures safety and promotes the health,
stability and well-being of vulnerable adults, children and families.
1.4 Roles
The CPS Social Worker has the following roles:
Problem Identifier - CPS Social Worker gathers, studies and analyzes information
about the child and the family. The worker also offers help to families in which safety
threats are identified, secures the safety of the child, justifies the need for CPS
intervention and evaluates diminished protective capacities.
Case Manager- In this capacity the CPS Social Worker assesses family problems and
dynamics which contribute to safety threats and plans and devises strategies to
eliminate impending dangers and to strengthen caregiver protective capacities. The
worker orchestrates all planning, reporting, and a follow-up activity related to the case
and facilitates the use of agency and community systems to assist the child and family.
The worker also reviews client progress, maintains accurate documentation and
records, and advocates for the client by supporting, creating, and promoting the
helping process.
Treatment Provider- CPS Social Worker works directly with families in helping them
to stop the maltreatment and to learn new ways of relating to and being responsible
for their children. The CPS Social Worker also serves as a role model, encourages
client motivation and facilitates problem solving and decision making on the part of
families.
The CPS supervisor has the following roles:
Administrator - The supervisor makes decisions on specific case activities, case
assignments and on relevant personnel matters. The supervisor also regulates the
practice of social workers with child protection cases and ensures the quality of
practice. The supervisor ensures case activities and decisions are congruent with
policy, state and federal statutes, and court rules. The supervisor serves as a link
between workers and community resources and with administrative staff.
Educator - The supervisor plans and carries out activities related to the professional
development of employees.
Coach - The supervisor motivates and reinforces employees in the performance of
their duties.
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1.5 Legal Basis
CPS stems from both a social concern for the care of children and from a legal concern
for the rights of children. Child abuse and neglect are legally recognized and legally
defined terms. The DHHR is legally required to provide CPS. The legal basis of CPS is
contained in Chapter 49 of the Code of West Virginia. The Rules of Procedure for Child
Abuse and Neglect Proceedings issued by the Supreme Court of West Virginia and
opinions entered by the Court in various cases also provide further interpretation and
clarification of the statutes. Excerpts from Chapter 49 regarding the specific role and
duties of CPS are included here; however, reference should be made to the entire
Chapter and to the Rules and opinions of the Court. Other parts of the West Virginia
State Code relevant to Child Protective Services are Chapter 27, Chapter 48 and Chapter
61, which contain the statutes for mentally ill persons, Domestic Relations and Crimes
and Punishment. The statutes may be found on the internet at www.legis.state.wv.us.
The Rules of Procedure for Child Abuse and Neglect Proceedings and Court Opinions
may be found on the internet at http://www.courtswv.gov/.
49-1-105 Purpose (Provides the framework for the Child Protection system in WV.)
(a) It is the purpose of this chapter to provide a system of coordinated child welfare and
juvenile justice services for the children of this state. The state has a duty to assure that
proper and appropriate care is given and maintained.
(b) The child welfare and juvenile justice system shall:
(1) Assure each child care, safety and guidance;
(2) Serve the mental and physical welfare of the child;
(3) Preserve and strengthen the child family ties;
(4) Recognize the fundamental rights of children and parents;
(5) Develop and establish procedures and programs which are family-focused rather than
focused on specific family members, except where the best interests of the child or the
safety of the community are at risk;
(6) Involve the child, the child's family or the child's caregiver in the planning and delivery
of programs and services;
(7) Provide community-based services in the least restrictive settings that are consistent
with the needs and potentials of the child and his or her family;
(8) Provide for early identification of the problems of children and their families, and
respond appropriately to prevent abuse and neglect or delinquency;
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(9) Provide for the rehabilitation of status offenders and juvenile delinquents;
(10) As necessary, provide for the secure detention of juveniles alleged or adjudicated
delinquent;
(11) Provide for secure incarceration of children or juveniles adjudicated delinquent and
committed to the custody of the director of the Division of Juvenile Services; and
(12) Protect the welfare of the general public.
(c) It is also the policy of this state to ensure that those persons and entities offering
quality child care are not over-encumbered by licensure and registration requirements
and that the extent of regulation of child care facilities and child placing agencies be
moderately proportionate to the size of the facility.
(d) Through licensure, approval, and registration of child care, the state exercises its
benevolent police power to protect the user of a service from risks against which he or
she would have little or no competence for self-protection. Licensure, approval, and
registration processes shall, therefore, continually balance the child's rights and need for
protection with the interests, rights and responsibility of the service providers.
49-2-101 Authorization and Responsibility (Empowers the DHHR to accept custody of
children.)
(a) The Department of Health and Human Resources is authorized to provide care,
support and protective services for children who are handicapped by dependency,
neglect, single parent status, mental or physical disability, or who for other reasons are in
need of public service. The department is also authorized to accept children for care from
their parent or parents, guardian, custodian or relatives and to accept the custody of
children committed to its care by courts. The Department of Health and Human
Resources or any county office of the department is also authorized and to accept
temporary custody of children for care from any law-enforcement officer in an emergency
situation.
(b) The Department of Health and Human Resources is responsible for the care of the
infant child of an unmarried mother who has been committed to the custody of the
department while the infant is placed in the same licensed child welfare agency as his or
her mother. The department may provide care for those children in family homes meeting
required standards, at board or otherwise, through a licensed child welfare agency, or in
a state institution providing care for dependent or neglected children. If practical, when
placing any child in the care of a family or a child welfare agency the department shall
select a family holding the same religious belief as the parents or relatives of the child or
a child welfare agency conducted under religious auspices of the same belief as the
parents or relatives.
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49-2-802 Establishment of child protective services; general duties and powers;
administrative procedure; immunity from civil liability; cooperation of other state
agencies. (Mandates the DHHR to establish CPS.)
(a) The department shall establish or designate in every county a local child protective
services office to perform the duties and functions set forth in this article.
(b) The local child protective services office shall investigate all reports of child abuse or
neglect. Under no circumstances may investigating personnel be relatives of the accused,
the child or the families involved. In accordance with the local plan for child protective
services, it shall provide protective services to prevent further abuse or neglect of children
and provide for or arrange for and coordinate and monitor the provision of those services
necessary to ensure the safety of children. The local child protective services office shall
be organized to maximize the continuity of responsibility, care and service of individual
workers for individual children and families. Under no circumstances may the secretary
or his or her designee promulgate rules or establish any policy which restricts the scope
or types of alleged abuse or neglect of minor children which are to be investigated or the
provision of appropriate and available services.
(c) Each local child protective services office shall:
(1) Receive or arrange for the receipt of all reports of children known or suspected to be
abused or neglected on a twenty-four hour, seven-day-a-week basis and cross-file all
reports under the names of the children, the family and any person substantiated as being
an abuser or neglecter by investigation of the Department of Health and Human
Resources, with use of cross-filing of the person's name limited to the internal use of the
department;
(2) Provide or arrange for emergency children's services to be available at all times;
(3) Upon notification of suspected child abuse or neglect, commence or cause to be
commenced a thorough investigation of the report and the child's environment. As a part
of this response, within fourteen days there shall be a face-to-face interview with the child
or children and the development of a protection plan, if necessary for the safety or health
of the child, which may involve law-enforcement officers or the court;
(4) Respond immediately to all allegations of imminent danger to the physical well-being
of the child or of serious physical abuse. As a part of this response, within seventy-two
hours there shall be a face-to-face interview with the child or children and the
development of a protection plan, which may involve law-enforcement officers or the
court; and
(5) In addition to any other requirements imposed by this section, when any matter
regarding child custody is pending, the circuit court or family court may refer allegations
of child abuse and neglect to the local child protective services office for investigation of
the allegations as defined by this chapter and require the local child protective services
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office to submit a written report of the investigation to the referring circuit court or family
court within the time frames set forth by the circuit court or family court.
(d) In those cases, in which the local child protective services office determines that the
best interests of the child require court action, the local child protective services office
shall initiate the appropriate legal proceeding.
(e) The local child protective services office shall be responsible for providing, directing
or coordinating the appropriate and timely delivery of services to any child suspected or
known to be abused or neglected, including services to the child's family and those
responsible for the child's care.
(f) To carry out the purposes of this article, all departments, boards, bureaus and other
agencies of the state or any of its political subdivisions and all agencies providing services
under the local child protective services plan shall, upon request, provide to the local child
protective services office any assistance and information as will enable it to fulfill its
responsibilities.
(g)(1) In order to obtain information regarding the location of a child who is the subject of
an allegation of abuse or neglect, the Secretary of the Department of Health and Human
Resources may serve, by certified mail or personal service, an administrative subpoena
on any corporation, partnership, business or organization for the production of information
leading to determining the location of the child.
(2) In case of disobedience to the subpoena, in compelling the production of documents,
the secretary may invoke the aid of:
(A) The circuit court with jurisdiction over the served party if the person served is a
resident; or
(B) The circuit court of the county in which the local child protective services office
conducting the investigation is located if the person served is a nonresident.
(3) A circuit court shall not enforce an administrative subpoena unless it finds that:
(A) The investigation is one the Division of Child Protective Services is authorized to make
and is being conducted pursuant to a legitimate purpose;
(B) The inquiry is relevant to that purpose;
(C) The inquiry is not too broad or indefinite;
(D) The information sought is not already in the possession of the Division of Child
Protective Services; and
(E) Any administrative steps required by law have been followed.
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(4) If circumstances arise where the secretary, or his or her designee, determines it
necessary to compel an individual to provide information regarding the location of a child
who is the subject of an allegation of abuse or neglect, the secretary, or his or her
designee, may seek a subpoena from the circuit court with jurisdiction over the individual
from whom the information is sought.
(h) No child protective services caseworker may be held personally liable for any
professional decision or action taken pursuant to that decision in the performance of his
or her official duties as set forth in this section or agency rules promulgated thereupon.
However, nothing in this subsection protects any child protective services worker from
any liability arising from the operation of a motor vehicle or for any loss caused by gross
negligence, willful and wanton misconduct or intentional misconduct.
1.6 Target Population
The target population for CPS agency intervention is a family in which a child (age 0-17)
has been suspected to be abused or neglected or subject to conditions that are likely to
result in abuse or neglect (as defined in WV Statute Chapter 49-1-201 legal definitions
and DHHR operational definitions) by their parent, guardian or custodian. An abused
child is partially defined in statute as a child whose health or welfare is harmed or
threatened by a parent, guardian or custodian who knowingly or intentionally inflicts,
attempts to inflict or knowingly allows another person to inflict…. A neglected child is
partially defined as a child whose physical or mental health is harmed or threatened by a
present refusal, failure or inability of the child's parent, guardian or custodian to supply
the child with…. A child does not have to be injured in order to be in the target population
for Child Protective Services. (See CPS Policy Section 2.1 Terms Defined by Statute or
State Statute for the complete definition of an abused and neglected child) In the interest
of brevity, the term “caregiver” is used throughout this policy to refer to the child’s
caregiver(s), but may also be construed to refer to a parent, guardian or custodian. The
term caregiver is extended to include parent substitutes, non-custodial parents, extended
family members, step-parents, unrelated persons living in the same household,
paramours or any other intra-familial or quasi-familial situation, foster parents, adoptive
parents, day care providers, day care centers, residential facilities and school personnel.
CPS shall be extended to children who have been or are suspected to be abused or
neglected, or subjected to conditions that are likely to result in abuse or neglect by a:
parent or guardian
non-custodial parent
parent substitute
step-parent
extended family member who provides care to the child
unrelated person living in the same household
paramour of parent
employees of child-placing agencies and residential facilities
employees of day care centers
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family day care facilities or homes
in-home day care provider
any unlicensed group care situation, for 1-6 children, in a non-home setting in-
home child care
foster family care parents, specialized foster family care parents, or emergency
shelter care parents
school personnel
1.7 Casework Process
The CPS casework process is based on a model for problem-solving. This includes
assessment of safety throughout the life of a case, choosing among alternative treatment
strategies, and continuously evaluating the effectiveness of selected strategies. The
process is based on several principles:
It is sequential, activities are ordered and continuous.
The process is logical, based on reason and inference.
It uses a unified approach, reflecting coherence.
The process is progressive, based on step-by-step procedures.
There is interconnectedness between the steps of the process based on
progression.
Flexibility is critical due to the dynamic nature of worker-client interaction; flexibility
allows the worker to respond spontaneously to the client’s needs.
The casework process in CPS consists of seven basic steps:
Intake Assessment
Family Functioning Assessment
Safety planning, if necessary
Family assessment
Service provision
Case evaluation
Case closure
1.8 Reporting
The protection of abused and neglected children depends on the prompt identification of
children whose health or welfare is threatened. Chapter 49 contains a detailed series of
reporting requirements which can be found in Part VIII - Reports of children suspected to
be abused or neglected, but specifically 49-2-803. Those mandated reporters with the
knowledge of the alleged abuse and/or neglect, are required to report that information
directly to the Department, regardless of what their policies at their place of employment
may be. The duty of reporting suspected child abuse and/or neglect cannot be delegated
to another individual, such as a supervisor.
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Certain persons whose occupation brings them into contact with children on a regular
basis are mandated to report suspected child abuse or neglect. Those who are required
to report include:
medical, dental or mental health professionals
Christian Science practitioners
religious healers
school teachers or other school personnel
social service workers
child care or foster care workers
emergency medical services personnel
peace officers or law-enforcement officials
members of the clergy
circuit court judges, family court judges or magistrates
humane officers
employees of the division of juvenile services
youth camp administrator or counselor
employee, coach or volunteer of an entity that provides organized activities for
children
commercial film or photographic print processor
In addition to the mandated reporters outlined above, any person over the age of eighteen
who receives a disclosure from a credible witness or observes any sexual abuse or sexual
assault of a child, shall immediately and not more than twenty-four (24) hours after
receiving such a disclosure or observing the sexual abuse or sexual assault, report the
circumstances or cause a report to be made to the Department or the State Police or
other law-enforcement agency having jurisdiction to investigate the report. If the reporter
feels that reporting the alleged sexual abuse will expose themselves, the child, the
reporter’s children or other children in the subject’s household to an increased threat of
serious bodily injury, the individual may delay making the report while he or she
undertakes measures to remove themselves or the affected children from the perceived
threat of additional harm. The individual must make the report as soon as practical after
the threat of harm has been reduced. The law enforcement agency that receives a report
regarding sexual abuse must report the allegations to the Department.
Any other person, including a person who wishes to remain anonymous, may make a
report if such person has reasonable cause to suspect that a child has been abused or
neglected in a home or institution or observes the child being subjected to conditions or
circumstances that would reasonably result in abuse or neglect.
The duties of mandated reporters include:
When a mandated reporter has reasonable cause to suspect that a child is abused or
neglected or observes the child being subjected to conditions likely to result in abuse or
neglect, the person must immediately and not more than twenty-four (24) hours after
suspecting the abuse or neglect, report the circumstances or cause a report to be made
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to the DHHR. Reports of child abuse or neglect shall be made immediately by
telephone to the local DHHR. A report made to the statewide Centralized Intake Unit for
child abuse and neglect is acceptable. At their discretion, CPS staff may request that a
mandated reporter also submit a written report within twenty-four (24) hours.
In any case where the reporter believes that the child suffered serious physical abuse or
sexual abuse or sexual assault, the reporter must also immediately report, or cause a
report to be made to law- enforcement. The report must be made to the State Police
and to any law-enforcement agency having jurisdiction to investigate the report, which
would either be municipal police or the county sheriff’s department. This report is in
addition to the report made to CPS.
A mandated reporter who is a member of the staff of a public or private institution,
school, facility or agency must immediately notify the person in charge of such
institution, school, facility or agency or a designated agent thereof, who shall report or
cause a report to be made. Nothing in the law precludes individuals from reporting on
their own behalf.
Any person or official who is included in the list of mandated reporters, including
employees of the department, and who has reasonable cause to suspect that a child
has died because of child abuse or neglect, shall report that fact to the coroner or
medical examiner.
Cross reporting between Child Protective Services and Humane Officers- Legislation in
2006 revised section 49-2-803, Persons mandated to report abuse and neglect, to
include humane officers. These individuals will now be required to report suspected
child abuse and neglect issues to CPS. Conversely, a new section was added, 49-2-
806, Mandatory reporting of suspected animal cruelty by child protective services
workers, which requires workers to “report reasonable suspicions that an animal is the
victim of cruel or inhumane treatment” to humane societies within their counties.
The duties of CPS, when receiving referrals from mandated referents include:
Mail a notification letter within two (2) business days of the disposition of the intake
assessment informing the mandated reporter whether the referral has been accepted or
screened for assessment.
Within two (2) business days of the conclusion of the assessment, CPS shall mail a
letter to the mandated reporter informing them that the assessment has been
completed.
Any person, whether mandated or permitted to report, has certain legal protections.
These protections are extended so that persons will not hesitate to report for fear of
future legal difficulties. Chapter 49-2-810 states that any person who reports in good
faith shall be immune from any civil or criminal liability.
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As an aid in the detection of child abuse or neglect, as well as to gather physical
evidence which can be used to protect an abused or neglected child, the law permits
mandated reporters to take photographs or order x-rays. Radiological examinations (x-
rays) are used to determine the scope of present and past injuries. A series of old
fractures may indicate a repeated pattern of battering. The DHHR is responsible for
payment of expenses incurred in taking the photographs or x-rays, when requested to
do so. Photographs and reports of the findings from x-rays should be made available to
the local DHHR/CPS office.
A mandated reporter of suspected child abuse or neglect, who fails to report, or
knowingly prevents another person acting reasonably from doing so, is guilty of a
misdemeanor, and if convicted, may be confined in the county jail, fined, or both.
1.8.1 Reporting and communication with the Family and Circuit Courts
When CPS Social Workers begin a relationship with a family or at any time during CPS’s
involvement with a family, it is important that he or she learn the specifics of any current
or upcoming court cases. It is also very important that a Family Court Judge, who may
be making decisions of custody, know of any issues of child abuse and/or neglect or
threats to child safety that are occurring. Although CPS has no duty to provide oversight
for Family Court cases, the worker has a duty to notify Family Court when a “Material
Change of Circumstance” occurs. A Material Change of Circumstance is a change in the
case that, without the Family Court Judge knowing, could threaten the safety and/or
welfare of the child. This Material Change of Circumstance can be made by phone but
must also be made in writing. The notification must be saved in the FACTS file cabinet.
Examples of Material Changes of Circumstance could include letting the court know if a
battering parent drops out of treatment or one of the parents begins a relationship with a
sex offender. It should also include letting the court know if a petition is filed by the CPS
Social Worker; if a case is closed or if a family moves out of the area. DHHR staff decides
when the court is notified about these changes. The Family Court, conversely, has a duty
to apprize CPS of when such cases are closed or are pending. The court has special
orders for use in notifying CPS when their cases are pending or are closed.
There are further requirements of CPS when the mandated referents happen to be Family
Court or Circuit Court Judges.
When referrals have been received from Family Court and/or Circuit Court, the worker
must send a copy of the notification letter at the onset, as specified above. The worker
must also, at the end of the investigation, send the Disposition of CPS Investigation
Report for Family and Circuit Court form and a copy of the investigation to the referring
Family Court Judge as well as the Chief Circuit Court Judge. The worker would send
the report directly to the Family Court Judge making the referral but would file the
Circuit Court report via the Chief Circuit Court Judge, with a copy to the Prosecuting
Attorney.
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When a worker does a family functioning assessment on a family involved with Family
Court proceedings, the worker must send a copy of the family functioning assessment
to the Family Court Judge who is presiding over the case, regardless of referral
source. The worker will also send a copy of the Disposition of CPS Assessment Report
for Family and Circuit Court form to the Chief Circuit Court Judge with a copy to the
Prosecuting Attorney.
WV Code 48-9-209 states that if either of the parents so requests, or upon receipt of
credible information, the court shall determine whether a parent who would otherwise be
allocated responsibility under a parenting plan: Has made one or more fraudulent reports
of domestic violence or child abuse: Provided, That a person’s withdrawal of or failure to
pursue a report of domestic violence or child support shall not alone be sufficient to
consider that report fraudulent.
If the court determines, based on the investigation described in part three of this article
or other evidence presented to it, that an accusation of child abuse or neglect, or domestic
violence made during a child custody proceeding is false and the parent making the
accusation knew it to be false at the time the accusation was made, the court may order
reimbursement to be paid by the person making the accusations of costs resulting from
defending against the accusations. Such reimbursement may not exceed the actual
reasonable costs incurred by the accused party as a result of defending against the
accusation and reasonable attorney's fees incurred.
If the court grants a motion pursuant to this subsection, disclosure by the Department of
Health and Human Resources shall be in camera. The court may disclose to the party’s
information received from the department only if it has reason to believe a parent
knowingly made a false report.
1.9 Meaningful Contacts
Contacts with children, families, and collaterals are critical components to a thoroughly
documented investigation, assessment, and case record. Contacts are intended to
provide clarity regarding the conversation, interview, or other means of communication.
The intention of the contact will vary with the point of contact. Contacts with children and
families should focus mainly on the areas of safety, permanency, and well-being.
A significant component of this protocol is thorough and timely documentation of all
contacts. To meet this requirement all contacts must provide sufficient information to
reflect worker effort in gathering information and a summary of the information
obtained. At a minimum, the worker must document the following:
Name of person interviewed
Location where interview was held
A general description of information sought by worker
A summary of information collected including that which pertains to the reported
allegations of abuse and neglect and the child’s environment
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Worker observations pertinent to decision making
Contact with children and placement providers must be based upon the child’s
needs, behaviors and other circumstances, and the supervisor should be involved
in making this determination, but in no case should face to face contact be less
than once a month
Face to face contacts with children must include private, individual discussions
Face to face contact must occur with all substitute caregivers responsible for the
caring the children at a minimum of one time per month but more if the case
circumstances require
Contact with placement providers, and children if age appropriate, should be
made by phone as necessary but no less than bi-weekly
As mentioned in the above bulleted list, contacts should occur more often than monthly
when circumstances change or there may be concern for the child’s safety, permanency,
or well-being.
Example 1:
A child in the custody of the Department is placed in a psychiatric residential facility
and is having a lot of concerning behaviors during the third week of the month.
The child was already visited during the first week of that month. The staff member
assigned to that child’s case should make another contact with that child. If face-
to-face contact is not feasible, phone contact would suffice.
Example 2:
A staff member made their monthly contact with a family and there were no areas
of concern. The following day, a provider contacts the ongoing worker to report
there was a fight between the mother and father, and police were called to the
residence. Although contact was made the previous day, there has been a change
in circumstances, and a face to face contact is needed with the family.
In both examples above, the social worker needs to contact the child or family to ensure
safety, permanency, and well-being.
Section 2 Definitions
2.1 Terms Defined by Statute
Abandonment: Any conduct that demonstrates the settled purpose to forego the
duties and parental responsibilities to the child. §49-1-201
Abused Child: A child whose health or welfare is harmed or threatened by a parent,
guardian or custodian who knowingly or intentionally inflicts,
attempts to inflict or knowingly allows another person to inflict,
physical injury or mental or emotional injury, upon the child or
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another child in the home; or sexual abuse or sexual exploitation; or
the sale or attempted sale of a child by a parent, guardian or
custodian and domestic violence... In addition to its broader
meaning, physical injury may include an injury to the child as a result
of excessive corporal punishment. (49-1-201)
Court Appointed
Special Advocate
(CASA): Someone appointed primarily in civil protection proceedings
involving child abuse and/or neglect. Duties of a CASA
representative include an independent gathering of information
through interviews and review of records; facilitating prompt and
thorough review of the case; protecting and promoting the best
interests of the child; follow-up and monitoring of court orders and
case plans; making a written report to the court with
recommendations concerning the child’s welfare; and negotiating
and advocating on behalf of the child. (49-2-207)
Child: Any person less than eighteen (18) years of age. (49-1-202)
Child Abuse and
Neglect Services: Social services which are directed toward: protecting and promoting
the welfare of children who are abused or neglected; identifying,
preventing and remedying conditions which cause child abuse and
neglect; preventing the unnecessary removal of children from their
families by identifying family problems and assisting families in
resolving problems which could lead to a removal of children and a
breakup of the family; in cases where children have been removed
from their families, providing services to the children and the families
so as to restore such children to their families; placing children in
suitable adoptive homes when restoring the children to their families
is not possible or appropriate; and assuring the adequate care of
children away from their families when the children have been placed
in the custody of the department or third parties. (49-1-201)
Custodian: A person who has or shares actual physical possession or care and
custody of a child regardless of whether such person has been
granted custody of the child by a contract, agreement or legal
proceedings. (49-1-201)
Domestic Violence: The occurrence of one or more of the following acts between family
or household members: (1) attempting to cause or intentionally,
knowingly or recklessly causing physical harm to another with or
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without dangerous or deadly weapons; (2) placing another in
reasonable apprehension of physical harm; (3) creating fear of
physical harm by harassment, psychological abuse or threatening
acts; (4) committing either sexual assault or sexual abuse as those
terms are defined in articles eight-b and eight-d, chapter sixty-one of
this code; and (5) holding, confining, detaining or abducting another
person against that person’s will. Family or household member
means current or former spouses, persons living as spouses,
persons who formerly resided as spouses, parents, children and
stepchildren, current or former sexual or intimate partners, other
persons related by blood or marriage, persons who are presently or
in the past have resided or cohabited together or a person with whom
the victim has a child in common. (48-27-202)
Imminent Danger: An emergency situation in which the welfare or the life of the child is
threatened. Such emergency exists when there is reasonable cause
to believe that any child in the home is or has been sexually abused
or sexually exploited or reasonable cause to believe that the
following conditions threaten the health or life of any child in the
home:
1. Non-accidental trauma inflicted by a parent, guardian, sibling or
a babysitter or other caretaker; or
2. A combination of physical and other signs indicating a pattern of
abuse which may be medically diagnosed as battered child
syndrome; or
3. Nutritional deprivation; or
4. Abandonment by the parent, guardian or custodian; or
5. Inadequate treatment of serious illness or disease; or
6. Substantial emotional injury inflicted by a parent, guardian or
custodian; or
7. Sale or attempted sale of the child by the parent, guardian or
custodian; or
The parent, guardian or custodian’s abuse of alcohol, or drugs or
other controlled substance as defined in 60A-101-1, has impaired his
or her parenting skills to a degree as to pose an imminent risk to a
child’s health or safety. (49-1-201)
Neglected Child: A child whose physical or mental health is harmed or threatened by
a present refusal, failure or inability of the child’s parent, guardian or
custodian to supply the child with necessary food, clothing, shelter,
supervision, medical care or education, when such refusal, failure or
inability is not due primarily to a lack of financial means on the part
of the parent, guardian or custodian; or who is presently without
necessary food, clothing, shelter, medical care, education or
supervision because of the disappearance or absence of the child’s
parent or guardian. (49-1-201)
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Knowingly Allows
Another Person
to Inflict: Another person inflicts (1) physical; or (2) mental or emotional injury;
or (3) sexual abuse or exploitation; or (4) injury as a result of
excessive corporal punishment upon a child; or (5) sells or attempts
to sell a child and a parent has knowledge (or should have had
knowledge) that this has occurred and has not yet taken any action
to intervene or to ensure the child’s safety. The term “knowingly”
does not require that a parent actually be present at the time the
abuse occurs, but rather that the parent was presented with sufficient
facts from which he or she could have and should have recognized
that abuse has occurred (Department of Health and Human
Resources ex rel. Wright vs. Doris S. 1996).
Sexual Abuse: (A) As to a child who is less than sixteen (16) years of age, any of
the following acts which a parent, guardian or custodian shall engage
in, attempt to engage in, or knowingly procure another person to
engage in, with such child, notwithstanding the fact that the child may
have willingly participated in such conduct or the fact that the child
may have suffered no apparent physical injury or mental or emotional
injury as a result of such conduct: sexual intercourse or sexual
intrusion or sexual contact (B) as to a child who is sixteen (16) years
of age or older any of the following acts that a parent, guardian or
custodian shall engage in, attempt to engage in, or knowingly
procure another person to engage in, with such child,
notwithstanding the fact that the child may have consented to such
contact or the fact that the child may have suffered no apparent
physical injury or mental or emotional injury as a result of such
conduct: sexual intercourse, or sexual intrusion or sexual contact, or
(C) Any conduct whereby a parent, guardian or custodian displays
his or her sex organs to a child, for the purpose of gratifying the
sexual desire of the parent, guardian or custodian, of the person
making such display, or of the child, or for the purpose of affronting
or alarming the child. (49-1-201)
Sexual
Exploitation: (1) An act whereby a parent, custodian or guardian, whether for
financial gain or not, persuades, induces, entices or coerces a child
to display his or her sex organs for the sexual gratification of the
parent, guardian, custodian or a third person, or to display his or her
sex organs under circumstances in which the parent, guardian or
custodian knows such display is likely to be observed by others who
would be affronted or alarmed. (49-1-201)
Serious
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Physical Abuse: Bodily injury which creates a substantial risk of death, which causes
serious or prolonged disfigurement, prolonged impairment of health
or prolonged loss or impairment of the function of any bodily organ.
(49-1-201)
Transitioning Adult: An individual with a transfer plan to move to an adult setting who
meets one of the following conditions: (1) Is eighteen years of age
but under twenty-one years of age, was in departmental custody
upon reaching eighteen years of age and committed an act of
delinquency before reaching eighteen years of age, remains under
the jurisdiction of the juvenile court, and requires supervision and
care to complete an education and or treatment program which was
initiated prior to the eighteenth birthday. (2) Is eighteen years of age
but under twenty-one years of age, was adjudicated abused,
neglected, or in departmental custody upon reaching eighteen years
of age and enters into a contract with the department to continue in
an educational, training, or treatment program which was initiated
prior to the eighteenth birthday. (49-1-202)
2.2 Operational Definitions
2.2.1 Abused Child
The statutory definition of an abused child is the standard for determining that a child
has been abused. An abused child does not have to have already been injured. Statute
indicates that an abused child is one whose health or welfare is harmed or threatened
by a parent, guardian or custodian who inflicts or attempts to inflict the defined abuse
listed below. Child Protective Services policy provides operational definitions below to
further define caregiver conduct and/or conditions that could meet the statutory
definition of an abused child. The operational definitions should be used to assist in
screening reports and making a finding of maltreatment. (Review CPS Policy Section
3.3 Report Screening and 4.10 Maltreatment Findings for additional information)
Excessive Corporal
Punishment: Physical punishment inflicted directly upon the body which results
in an injury to the child. This includes bruises, bites, scratches, cuts,
abrasions, scars, burns or internal injuries.
Mental or
Emotional Injury: The parent/caregiver has demonstrated a pattern of degradation of
their child that is or will likely adversely affect the child’s functioning.
The parent/caregiver is aware that their child’s mental health is
being affected by maltreatment from someone other than the
parent/caregiver and does not act to protect their child or prevent
the action of others from affecting the child’s functioning. Examples
could include but not limited to: continual scape-goating or rejection
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of a child, constant berating, being left alone for extended periods
of time on short notice with persons who are unfamiliar to the child,
allowing and/or encouraging the child engage in illegal activities,
and exposure to domestic violence in the home.
Physical Injury: Non-accidental trauma to the body, such as bruises, bites, scratches,
cuts, abrasions, scars, burns, fractures, asphyxiation, internal
injuries, or poisoning.
Sexual Abuse: (A) Sexual intercourse, sexual intrusion, sexual contact, or conduct
proscribed by section three, article eight-c, chapter sixty-one, which
a parent, guardian or custodian engages in, attempts to engage in,
or knowingly procures another person to engage in with a child
notwithstanding the fact that for a child who is less than sixteen
years of age the child may have willingly participated in that
conduct or the child may have suffered no apparent physical injury
or mental or emotional injury as a result of that conduct or, for a
child sixteen years of age or older the child may have consented to
that conduct or the child may have suffered no apparent physical
injury or mental or emotional injury as a result of that conduct;
(B) Any conduct where a parent, guardian or custodian displays his
or her sex organs to a child, or procures another person to display
his or her sex organs to a child, for the purpose of gratifying the
sexual desire of the parent, guardian or custodian, of the person
making that display, or of the child, or for the purpose of affronting
or alarming the child; or
(C) Any of the offenses proscribed in sections seven, eight or nine
of article eight-b, chapter sixty-one of this code.(61-8b)
1) Sexual intercourse means sexual intercourse as that
term is defined in section one, article eight-b, chapter
sixty-one of this code.
2) Sexual intrusion means sexual intrusion as that term is
defined in section one, article eight-b, chapter sixty-one
of this code.
3) Sexual assault means any of the offenses proscribed in
sections three, four or five of article eight-b, chapter sixty-
one of this code.
4) Sexual contact means sexual contact as that term is
defined in section one, article eight-b, chapter sixty-one
of this code.
Sexual
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Exploitation: (A) A parent, custodian or guardian, whether for financial gain or
not, persuades, induces, entices or coerces a child to engage in
sexually explicit conduct as that term is defined in section one,
article eight-c, chapter sixty-one of this code. (61-8c-1)
(B) A parent, guardian or custodian persuades, induces, entices or
coerces a child to display his or her sex organs for the sexual
gratification of the parent, guardian, custodian or a third person, or
to display his or her sex organs under circumstances in which the
parent, guardian or custodian knows that the display is likely to be
observed by others who would be affronted or alarmed.
Sale or Attempted
Sale of a Child: The offering of a child in exchange for cash or other goods or
services.
Child Exposed to
Domestic Violence: A child whose health or welfare is being harmed or threatened by:
Domestic violence as defined in section two hundred two, article
twenty-seven, chapter forty-eight of this code. (48-27-202)
(1) Attempting to cause or intentionally, knowingly or recklessly
causing physical harm to another with or without dangerous or
deadly weapons;
(2) Placing another in reasonable apprehension of physical harm;
(3) Creating fear of physical harm by harassment, stalking,
psychological abuse or threatening acts;
(4) Committing either sexual assault or sexual abuse as those
terms are defined in articles eight-b and eight-d, chapter sixty-one
of this code; and
(5) Holding, confining, detaining or abducting another person
against that person's will.
Child born of
Sexual Assault: During legislative session 2017, the definitions of an abused child
were amended to include children born as a product of a sexual
assault.
This addition to West Virginia Code was added to allow victims of
sexual assault resulting in pregnancy to petition the court to
terminate the parental rights of their abuser without the involvement
of the DHHR. They may contact the prosecuting attorney to initiate
a petition for Termination of Parental Rights (TPR) on their own.
2.2.2 Neglected Child
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The statutory definition of a neglected child is the standard for determining that a child
has been neglected. A neglected child does not have to be injured. Statute indicates
that a neglected child is one who’s physical or mental health is harmed or threatened by
a present refusal, failure or inability of the child’s parent, guardian or custodian to supply
the child with necessary food, clothing, shelter, supervision, medical care or education.
Child Protective Services policy provides operational definitions to further define caregiver
conduct and/or conditions that could meet the statutory definition of a neglected child.
The operational definitions should be used to assist in screening reports and making a
finding of maltreatment. (Review CPS Policy Section 3.3 Report Screening and 4.10
Maltreatment Findings for additional information)
Abandonment: Child left for extended periods of time without adequate supervision
or provision of basic needs. Parent has disappeared, and it is not
known when he/she may return. No long-term provisions have been
made for care of child. May also include situations in which the
parent may be physically present, but in a condition that prevents
him/her from caring for the child; or parents who are absent,
temporarily or permanently, as the result of a natural disaster.
Failure or inability
to supply necessary
food: The parent/caregiver does not feed their child or withholds food from
their child or children. In a situation where the parent seeks food for
the child but does not have the resources to purchase the food; a
referral to the community may be warranted and a report will not be
accepted.
Failure or inability
to supply necessary
clothing: The parent/caregiver does not provide their child with clothing that
provides protection from the elements of weather.
Failure or inability
to supply necessary
shelter: The parent/caregiver does not provide a shelter or residence for their
child, or the shelter is clearly unsafe and jeopardizes the child’s
physical safety including but not limited to, exposed and unprotected
wires, unprotected areas where a child can fall and be injured, i.e. no
heat in frigid weather.
Failure or inability
to supply necessary
supervision: The parent/caregiver does not provide their child with adequate
supervision, permits the child to be in unsafe situations, or leaves
their child alone without a capable caregiver to provide appropriate
supervision. This situation needs to be considered with due regard
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to the child’s age, development and the circumstances being
described.
Failure or inability
to supply necessary
medical care,
including hygiene: The parent/caregiver does not provide or seek medical or mental
health care for a child’s condition that if not cared for will cause or
likely cause harm to the child; or the parent/caregiver chronically
does not provide care for a child’s need for physical hygiene.
Failure or inability
to supply necessary
education: A child’s physical or mental health is harmed or threatened due to
the parent/caregiver’s failure or inability to send their child or allow
their child to attend school in accordance with legal requirements as
outlined in WV Code 18-8; or a child’s physical or mental health is
harmed or threatened due to the parent/caregiver not attempting to
notify authorities of their child’s habitual truancy and refuses to seek
assistance to correct the truancy or a child’s physical or mental
health is harmed or threatened due to the caregiver refusing or failing
to participate in planning for the educational needs of a child.
2.3 Additional Operational Definitions
ASO: An Administrative Services Organization (ASO) that provides socially
necessary services for child welfare cases as laid out in Child
Welfare policy. KEPRO Intelligent Value is contracted by BCF as the
Administrative Service Organization (ASO) to provide the socially
necessary services.
AFCARS The “Adoption and Foster Care Analysis and Reporting System” is
designed to collect uniform, reliable information on children who are
under the responsibility of the title IV-B/IV-E agency for placement,
care, or supervision. Adoption and foster care data collection is
mandated by the Social Security Act, Section 479.
Age or Developmentally
Appropriate: Activities or items that are generally accepted as suitable for children
of the same chronological age or level of maturity or that are
determined to be developmentally-appropriate for a child, based on
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the development of cognitive, emotional, physical, and behavioral
capacities that are typical for an age or age group; in the case of a
specific child, activities or items that are suitable for the child based
on the developmental stages attained by the child with respect to the
cognitive, emotional, physical, and behavioral capacities of the child.
Battered Child
Syndrome: A medical condition, primarily of infants and young children, in which
there is evidence of repeated inflicted injury to the nervous, skin, or
skeletal system. Frequently the history as given by the caretaker
does not adequately explain the nature of occurrence of the injuries.
A medical diagnosis is required to determine if a child suffers from
battered child syndrome.
Caregiver: A parent, guardian, or custodian who is responsible for the care and
supervision of a child.
Caregiver Protective
Capacities: Behavioral, cognitive and emotional characteristics possessed by
the caregiver that help to reduce, control or prevent threats of serious
harm, which are specifically relevant to child safety.
Child Maltreatment: When a caregiver’s behaviors and interactions with a child are
consistent with the statutory definition of child abuse or neglect.
Child Protective
Services: A specialized Department service extended to families on behalf of
children who are unsafe or abused or neglected by their parents,
guardians or custodians having responsibility for their care.
Child Vulnerability: The degree to which a child cannot avoid, negate or modify the impact
of safety threats or missing or insufficient protective capacities and/or
a child has characteristics more likely to elicit a dangerous response
from a caregiver who has or can have uncontrolled access to the
child.
Corporal
Punishment: Physical punishment inflicted directly upon the body.
Critical Incident: A reasonable suspicion that a fatality or near fatality was caused by
abuse or neglect or when abuse or neglect has been determined to
have led to a child’s death or near death.
Drug Affected
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Infants: Infants referred by medical staff, including hospital social workers,
who are less than one year old, test positive for legal or illegal
substances or prescribed medication or suffer from withdrawal
symptoms resulting from prenatal drug exposure, or a Fetal Alcohol
Spectrum Disorder.
Foster Care
Candidacy: Those children and youth who are at imminent risk of removal from
their home, absent effective preventative services. A child or youth
is at imminent risk of removal from the home if the state is pursuing
removal or attempting to prevent removal by providing in-home
services.
Human Trafficking
Victim: A victim who has been forced, coerced, enticed, transported,
isolated, harbored, obtained, or received for the purpose of debt
bondage, sexual servitude, a commercial sex act, or forced labor.
Impending Danger: Family behaviors, attitudes, motives, emotions and/or situations that
pose a threat to child safety. (See policy section 4.9 Safety
Evaluation for more information)
Kinship/Kin: A person who is a relative, member of a tribe or clan, Godparents,
step-parents, or anyone who has a family like relationship to a
child. Anyone who the child considers to be kin or a close family
friend, or anyone to child demonstrates a strong attachment.
Neonatal Abstinence
Syndrome (NAS): A group of problems that occur in a newborn who was exposed to
addictive illegal or prescription drugs while in the mother's womb.
NCANDS: The National Child Abuse and Neglect Data System (NCANDS) is a
voluntary data collection system that gathers information from all 50
states, the District of Columbia, and Puerto Rico about reports of
child abuse and neglect. NCANDS was established in response to
the Child Abuse Prevention and Treatment Act of 1988.
Plan of Safe Care: A Plan of Safe Care is a plan to ensure the safety and well-being for
the infant born and identified as being affected by legal or illegal
substance abuse or withdrawal symptoms or testing positive for
substances, or a Fetal Alcohol Spectrum Disorder following release
from the care of healthcare providers by addressing the health and
substance use disorder treatment needs of the infant and affected
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family or caregiver. This includes referrals to and delivery of
appropriate services for the infant and affected family or caregiver.
Present Dangers: an immediate, significant and clearly observable family condition (or
threat to child safety) occurring in the present tense, endangering or
threatening to endanger a child and therefore requiring a prompt
CPS response. (See policy section 4.7 Present Danger Assessment
for more information)
Protective
Caregiver: A parent, guardian or custodian who is responsible for the care and
supervision of a child/children and who is able and willing to
mentally, emotionally and physically keep the child safe.
Reasonable and
Prudent Parent
Standard: The standard characterized by careful and sensible parental
decisions that maintain the health, safety, and best interests of a
child while at the same time encouraging the emotional and
developmental growth of the child, that a caregiver shall use when
determining whether to allow a child in foster care under the
responsibility of the State/Tribe to participate in extracurricular,
enrichment, cultural, and social activities. In this context, ‘caregiver’
means a foster parent with whom a child in foster care has been
placed or a designated official for a child care institution in which a
child in foster care has been placed.
Safety Plan: A temporary measure designed to control one or more impending
danger(s) identified which threaten the safety of a vulnerable child
and there are not sufficient caregiver protective capacities to assure
that impending danger can be offset, mitigated and controlled. (See
policy section 4.13 Safety Analysis and Safety Planning for more
information)
Serious Harm: Refers to the effects of physical, emotional or mental injury that has
already occurred that have already occurred and/or the potential for
harsh effects based on the vulnerability of a child and the family
behavior, condition or situation that is out of control. Severe harm
includes such effects as serious physical injury, disability, terror and
extreme fear, impairment and death. It could result in harsh and
unacceptable pain and suffering for a child. It could include but not
limited to conditions that are considered “Imminent Danger” as
defined by Chapter 49-2-201. It:
Is life-threatening or poses the risk thereof;
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Substantively retards the child’s mental or physical health or
development or poses the risk thereof;
Produces substantial physical or mental suffering, physical
disfigurement or disability, whether permanent or temporary, or
poses the risk thereof; or
Involves sexual victimization.
Temporary Protection
Plan: A specific and concrete strategy implemented immediately to protect
a child from present danger threats in order to allow completion of
the Family Functioning Assessment. (See policy section 4.8
Temporary Protection Plans for more information)
Third Party
Perpetrator: A person who abuses and/or neglects a child who’s care, and
supervision is not their responsibility.
Unsafe Child: Refers to the presence of present or impending danger to a child.
Section 3 Intake Assessment
3.1 Introduction
The Intake Assessment is the first assessment in Child Protective Services. The Intake
Assessment refers to all the activities and functions which lead to a decision about
whether or not to conduct a Family Functioning Assessment. Safety assessment begins
during the intake assessment.
3.2 Intake Assessment Protocol
An effective Intake Assessment depends on successfully gathering sufficient, relevant
information which reveals whether there is reasonable cause to suspect that child abuse
or neglect exists. In so far as a reporter knows and can report relevant and sufficient
information, the Intake worker should make reasonable efforts to collect it.
When collecting information from the reporter, in general, the worker will:
Demonstrate respect for the reporter;
Interview the reporter in non-leading ways, probing for information in all areas and
clarifying information and attitude conveyed by the reporter, and whenever possible,
recording exactly what the reporter says;
Listen for tone of voice, voice level, rushed speech, contradictions in information and
attitude conveyed by the reporter (helpful vs. harmful);
Use feeling, support, educational and reality-orienting techniques to elicit information
from the reporter;
Assist the reporter in providing information;
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Interpret to the reporter what child maltreatment is;
Gather sufficient information to make necessary decisions;
Provide information to reporters about other DHHR programs and/or community
resources that may be of assistance when the intake information indicates that the
children are not abused or neglected or subject to conditions which will likely lead to
abuse or neglect;
Complete the intake screens completely, and where information is unknown to the
reporter, indicate that.
When interviewing the reporter, the worker will attempt to specifically gather information
in the following areas:
Client – family demographics including name, age, gender, race, and ethnicity for all
members of the household and their relationship to each other, the family’s address
and phone number, the adults’ places of employment, and the child’s school or
childcare, when applicable;
Alleged child abuse and/or neglect, possible present or impending dangers;
Specific caregiver behavior indicative of child abuse and neglect;
Events and circumstances associated with or accompanying the child abuse or
neglect; present danger; and/or impending danger;
Effects of child abuse or neglect; present danger; and impending danger or caregiver
behavior on child; child’s condition resulting from the child abuse or neglect; present
danger; and/or impending danger; and/or family conditions.
Child(ren) including:
General condition and functioning
Location
State of mind/emotion; specific fear
Proximity to threat
Access to those who can help and protect
Primary Caregivers including:
General functioning
General parenting
General state of mind/emotion
Current location
Community relations
Employment
Use of substances
Mental health functioning
Attitudes toward/perceptions of child(ren)
Previous relevant history including CPS history
Likely response to CPS
Family including:
Domestic violence, including power, control, entitlement
Living arrangements
Household composition
Household activity – including people in and out
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Condition of residence
Description of any present danger threats including a description of possible/likely
emergency circumstances.
Identification of protective adults who are or may be available.
Name and contact information of parents who are not subject to the allegations.
The reporter's name, relationship to the family, motivation and source of information,
if possible; why the reporter is reporting now; and any actions that the reporter
suggests should occur.
Information concerning the name and contact information for biological parents who
are not subject of the report.
The names and contact information of other people with information regarding the
child or family.
Following the information gathering process with the reporter, the worker will:
Determine if a referral must be made to local law enforcement, the prosecuting
attorney or medical examiner;
Check to determine if there is prior or current agency involvement with the family and
merge/associate if required;
Indicate the alleged abuse or neglect category, type and specifics in the appropriate
FACTS fields;
Document appropriate response time indicators, and aggravated or other
circumstances not requiring reasonable efforts to prevent removal in the appropriate
FACTS fields;
Review the intake for thoroughness and then transmit the report to the supervisor for
review and decision making regarding acceptance and response time.
Supervisor Duties
The Supervisor duties during the CPS Intake Assessment are:
Be available to provide the worker with support, guidance and case consultation and
to regulate the quality of casework practice;
Review the referral to determine if more information is needed to make appropriate
screening and response time decisions. If more information is needed assure that the
reporter is contacted to gather the information if possible;
Determine if the referral should be accepted for assessment by CPS. If needed, the
reporter may be contacted to gather additional information (see policy section 3.3
Report Screening for more information);
If accepted, indicate the appropriate response time (see Section 3.4 Response Times
for more information);
If accepted, transmit the report to the Family Functioning Assessment Supervisor for
assignment to a CPS Social Worker;
Ensure that a sibling or other child has not been identified as the alleged maltreater
unless the individual under the age of eighteen (18) is the parent of the alleged
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abused/neglected child and is responsible for the alleged maltreatment;
Ensure that all mandated reporters receive notification of whether an assessment has
been initiated or the referral has been screened out;
If necessary, ensure that a referral to law enforcement, prosecuting attorney and
medical examiner is completed (See policy section 3.5 Reporting to Law Enforcement,
Prosecuting Attorney and Medical Examiner for more information);
Assign the referral as soon as possible but no later than the next working day. If an
immediate response is indicated, the Supervisor must have a CPS Social Worker
initiate the referral within the timeframe assigned.
3.3 Report Screening
Whether or not to accept a referral for Family Functioning Assessment is a critical decision
in Child Protective Services. When making this decision, the Supervisor must analyze all
the information in the report to determine whether there is reasonable cause to suspect
a child is abused or neglected or is subjected to conditions which will likely result in abuse
or neglect. A thorough understanding of the statutes and operational definitions related
to child abuse and neglect are required to make the appropriate decision. All cases not
accepted for Family Functioning Assessment must include supervisory consultation and
a justification/explanation for the decision which must be documented in the appropriate
FACTS field.
The screening decision is dependent to a large extent on the statutory definitions of abuse
and neglect, as well as other statutes which outline the duties of Child Protective Services.
WV Code 49-2-802(c)(3) states that CPS shall “upon notification of suspected child abuse
or neglect, commence or cause to be commenced a thorough investigation of the report
and the child's environment. WV Code 49-2-802(b), “The West Virginia Child Protective
Services Act”, requires “The acceptance by the department of referrals or reports of abuse
or neglect” as well as “The vigorous and fair assessment and investigation of alleged
cases of child abuse or neglect.”
Child Protective Services must accept for assessment any report which suggests that,
assuming the reporter’s perceptions are true, an individual between birth and eighteen
(18) years of age may have been subject to treatment which meets the definition of abuse
or neglect in WV Code and CPS Policy. A reporter need not have witness a specific injury
nor does there have to be an injury for there to be a reason to believe that parental
conduct results in a threat of harm to a child which is included in the statutory definitions
of an abused and neglected child. (See CPS Policy Section 2.1 Terms Defined by
Statute)
Conversely, reports that do not constitute a reasonable cause to suspect that child abuse
or neglect has or is likely to occur but describe some behavior that the reporter or the
agency believes is inappropriate, may not be accepted for Family Functioning
Assessment. The authority to conduct Family Functioning Assessment extends to those
cases when the reported information potentially meets the definitions of child abuse or
neglect.
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In determining whether to accept a CPS report or screen it out, the supervisor must
consider:
Whether the information collected meets required definitions of child abuse and
neglect. Both the legal and operational definitions for child abuse and neglect will be
used to make this judgment, which includes children who have yet to be injured. (See
CPS Policy Section 2.1 Terms Defined by Statute and 2.2 Operational Definitions for
more information). The operational definitions are not an exhaustive list of potential
allegations of child abuse or neglect. Other conditions which harm or threaten a child’s
health and welfare may arise that are not included in the operational definitions. If this
occurs, any doubt about whether to accept the report for a Family Functioning
Assessment will be resolved in favor of the child and the report will be accepted;
The sufficiency of information to locate the family;
The motives and veracity of the reporter.
Reasons for screening out a report include:
Duplicate referral during family functioning assessment. (See policy section 3.7
Recurrent Reports for more information);
Information does not meet the legal definition of abused or neglected child found in
Chapter 49-1-201, nor does it meet the operational definition for child abuse or
neglect;
There is insufficient information to locate the family;
There are no children under the age of eighteen (18);
Family does not reside in West Virginia.
Any other reason for screening out a report must be thoroughly documented in FACTS.
3.4 Response Times
Response time is measured from the date and time the report is received by the
Department of Health and Human Resources until face-to-face contact with the alleged
victim child. The phrase victim child means the child or children in the household who
have been suspected to be abused or neglected or are subjected to conditions which
could result in abuse or neglect. The caregivers should be contacted the same day as
the victim child unless contact will jeopardize child safety or extenuating circumstances
exist (example would be a caregiver who is out of town). The response time is the
maximum amount of time that the CPS worker has to make face to face contact in order
to assess for present dangers and gather information to complete the Family Functioning
Assessment. It is recommended that contact with the victim child and family be made as
soon as possible unless contact will jeopardize child safety based upon information
provided in the intake assessment. The correct response time must be identified,
regardless of the availability of staff. If the response time cannot be met, the justification
will be explained in the Family Functioning Assessment.
The selected response times are as follows:
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Immediate response: CPS Social Worker must respond as soon as the report of
abuse or neglect is received unless there is a protective caregiver. If there is a
protective caregiver clearly documented in the report, contact must be made
within the same day while the child is still under the care of that protective
caregiver.
0-72-hour response: face-to-face contact must be made with the child(ren) within
seventy-two (72) hours. The Supervisor may require response be made sooner
based upon the specifics of the intake assessment.
0-14-day response: face-to-face contact must be made with the child(ren) within
fourteen (14) days. The Supervisor may require response be made sooner based
upon the specifics of the intake assessment.
The supervisor is responsible for ensuring that the referral is responded to in the manner
required to ensure child safety based upon the allegations and family conditions. The
Supervisor may require CPS Social Workers to respond quicker than the maximum
timeframe allowed. For example, a referral may allege that a vulnerable child is in
impending danger. The supervisor may assign a seventy-two (72) hour maximum
response time but advise their staff to respond the next day if the situation so indicates.
The information collected in the referral must be analyzed to determine if a child may be
in Present Danger as it relates to the Intake Assessment. An Immediate Response is
required if Present Danger is indicated unless the child is with a responsible
adult/protective caregiver. If the child is with a responsible adult/protective caregiver that
is clearly documented in the record, the CPS Social Worker may respond within the day
as long as child safety will in no way be jeopardized. Present dangers are immediate,
significant and clearly observable family conditions (or threat to child safety) occurring in
the present tense, endangering or threatening to endanger a child and therefore requiring
a prompt CPS response. Present Dangers related to the intake assessment can be
divided into four categories, Maltreatment, Child, Parent and Family. Present Dangers
are further described below:
Maltreatment
Maltreating Now
The report indicates that a parent/caregiver(s) is maltreating a child concurrent
with a report being made. The maltreatment will typically be physical, verbal or
sexual in nature. This does not include chronic neglect that is reported as being
ongoing but does not necessarily meet the criteria for present danger.
Multiple Injuries
The report indicates that a child has suffered from different type of injuries because
of the maltreatment. For example, a child who has a burn on his hand and his arm
also has significant bruising, and information indicates that the injuries occurred
because of maltreatment by a caregiver.
Face/Head
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The report identifies a child that has an injury on his/her face or head which
includes bruises, cuts, abrasions, swelling or any physical manifestation to have
occurred because of parental mistreatment of the child.
Serious Injury
The report identifies a child that has a serious injury to any part of his or her body,
including bone breaks, deep lacerations, burns, malnutrition, etc. that has occurred
in the current time or been medically diagnosed for the first time concurrent with
the report.
Several Victims
The report identified more than one child who currently is being maltreated by the
same caregiver. It’s important to keep in mind that several children who are being
chronically neglected do not meet the standard of Present Danger in this definition.
Life Threatening Living Arrangements
The report describes specific information that indicates that a child’s living situation
is an immediate threat to his/her safety. This includes serious health and safety
circumstances such as unsafe buildings, serious fire hazards, accessible
weapons, unsafe heating or wiring, guns/knives available and accessible etc.
Unexplained Injuries
The report indicates non-accidental injuries to a child which parents or other
caregivers cannot or will not explain.
Child
Parent’s Viewpoint of Child Is Bizarre
The report identifies a caregiver who expresses having an extremely negative
viewpoint of a child. This is not just a general negative attitude toward the child.
The caregiver’s reported perception or viewpoint toward a child is so skewed and
distorted that it poses an immediate danger to that child. It is consistent with the
level of seeing the child as demon possessed.
Child Is Unsupervised or Alone for Extended Periods
The report indicates that there is a vulnerable child who is currently not being
supervised. The report describes a child that is truly without care and unsupervised
right now. If the child was unsupervised the previous night but is not alone now, it
is not a present danger threat of harm.
Child Needs Medical Attention
The report identifies a child that is in immediate need of emergency medical care.
To be a present danger threat of harm, the medical care required must be
significant enough that its absence could seriously affect the child’s health and
safety. In other words, if children are not being given routine medical care, it would
not constitute a present danger threat. It should have an emergent quality.
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Child Is Fearful or Anxious
The report describes children who are currently and obviously afraid. The child’s
fear tends to be extreme, specific and presently active. The fear is directed at
people and/or circumstances associated with the home situation, and it is
reasonable to conclude there is a personal threat to the child’s safety if the
condition is currently active. Information would likely describe actual
communication or emotional/physical manifestation from the child’s knowledge or
perception of their situation.
Caregiver
Caregiver Is Intoxicated (alcohol or other drugs)
Report identifies a caregiver who is currently drunk or high on illegal drugs and
unable to provide basic care and supervision to a child right now. In order to qualify
as present danger, it must be evident in the report that a caregiver who is primarily
responsible for child care is unable to provide care for his/her child right now due
to his/her level of intoxication. The state of the parent/caregiver’s condition is more
important than the use of a substance (drinking compared to being drunk; uses
drugs as compared to being incapacitated by the drugs); and if accurate affects
the child’s safety.
Caregiver Is Out of Control
Report describes individuals in the caregiver role who are currently acting
incapacitated, bizarre, aggressive/extremely agitated, emotionally immobilized,
suicidal or dangerous to themselves or others at the time of the report. To qualify
as present danger, it must be determined that due to a caregiver’s state of mind,
uncontrolled behavior and/or emotions, he/she is unable to provide basic care and
supervision to his/her child right now.
Caregiver Described as Dangerous
Report describes a caregiver who is physically or verbally imposing and
threatening, brandishing weapons, known to be dangerous and aggressive,
currently behaving in an attacking or aggressive manner, etc.
Parent/Caregiver Is Not Performing Parental Responsibilities
Report indicates that caregivers are not providing basic care to their children right
now. To qualify as present danger, there must be information in the report that
indicates that caregivers are not providing essential child care and the absence of
care poses an immediate threat to child safety. This is not associated with whether
the parent/caregiver is generally effective or appropriate. It is focused on whether
their inability to provide child care right now leaves the child in a threatened state
at the time of the report or at the point of contact.
Family
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Spouse Abuse Present
Report indicates that alleged child maltreatment is associated with spouse abuse.
To qualify as present danger, there must be an indication that the family violence
associated with the report of maltreatment continues to be in process of occurring.
This requires a judgment as to whether the family violence is actively threatening
to family members right now concurrent with the report.
Family Will Flee
Report indicates that a family will flee with the child or attempt to hide the child. To
qualify as Present danger, it is necessary to consider other threats to child safety
at the time of the report which would have serious implications for not being able
to gain access to the child. This includes transient families or families where homes
are not established.
In addition, if the reporter alleges the following conditions to the department CPS must
respond immediately:
Critical incident
Certain abandoned children (Safe Haven)
Medical neglect of a disabled child (Baby Doe)
Law enforcement requesting emergency contact
If the report alleges any of the following conditions, the response time must be a
maximum of seventy-two (72) hours, however the Supervisor may instruct CPS Social
Workers to contact the children and caregivers sooner based on the information collected.
The Supervisor must take into consideration if the allegations would indicate a child is in
impending danger to determine the appropriate plan for initiating the referral. In
determining response time for accepted CPS intakes, the CPS Supervisor must take into
consideration the following response time indicators when determining response times.
The presence of allegations of imminent danger to the physical well-being of the
child(ren) or of serious physical abuse. Such allegations require either an immediate
response or a response within seventy-two (72) hours. This is required by Chapter
49-2-802(c)(4). Imminent danger is defined by Chapter 49-1-201 as an emergency
situation in which the welfare or the life of the child is threatened. Such emergency
situation exists when there is reasonable cause to believe that any child in the home
is or has been sexually abused or sexually exploited, or reasonable cause to believe
that the following conditions threaten the health or life of any child in the home:
1. Non-accidental trauma inflicted by a parent, guardian, custodian, sibling or a
babysitter or other caretaker; or
2. A combination of physical and other signs indicating a pattern of abuse which may
be medically diagnosed as battered child syndrome; or
3. Nutritional deprivation; or
4. Abandonment by the parent, guardian or custodian; or
5. Inadequate treatment of serious illness or disease; or
6. Substantial emotional injury inflicted by a parent, guardian or custodian; or
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7. Sale or attempted sale of the child by the parent, guardian or custodian; or
8. The parent, guardian or custodian’s abuse of alcohol, or drugs or other controlled
substance as defined in Chapter 60A-1-101, has impaired his or her parenting
skills to a degree as to pose an imminent risk to a child’s health or safety. 49-1-
201
Serious physical abuse is defined by Chapter 49-1-201 as bodily injury which creates
a substantial risk of death, which causes serious or prolonged disfigurement,
prolonged impairment of health or prolonged loss or impairment of the function of any
bodily organ.
Whether the allegations would indicate the child is in impending danger as outlined in
CPS Policy Section 4.9 Safety Evaluation.
To assist the Supervisor in determining response times, child vulnerabilities have been
included in the Intake Assessment. A child who is vulnerable does not indicate the referral
must be accepted, nor does it indicate that an expedited response is always required.
For example, a CPS referral is received that does not allege a child has been abused or
neglected or subject to conditions where abuse or neglect is likely to occur. The child
happens to be four (4) years old which could indicate that they are vulnerable due to their
age, being powerless, defenseless and invisible. The referral should be screened out
due to not meeting the legal and operational definitions of child abuse and/or neglect.
Child vulnerabilities are included to assist CPS Social Workers and Supervisors in getting
a thorough view of the family and aid in decision making concerning response times.
1. Age: Children from birth to five (5) years old.
2. Physical Limitation: Children who are physically handicapped and therefore
unable to remove themselves from danger are vulnerable. Those who, because of
their physical limitations, are highly dependent on others to meet their basic needs
are vulnerable.
3. Mental Limitation: Children who are cognitively limited are vulnerable because
of a number of possible limitations: recognizing danger, knowing who can be
trusted, meeting their basic needs and seeking protection.
4. Provocative: Children’s emotional, mental health, behavioral problems can be
such that they irritate and provoke others to act out toward them or to totally avoid
them.
5. Powerless: Regardless of age, intellect and physical capacity, children who are
highly dependent and susceptible to others are vulnerable. These children
typically are so influenced by emotional and psychological attachment that they
are subject to the whims of those who have power over them. Within this dynamic,
you might notice children being subject to intimidation, fear and emotional
manipulation. Finally, remember that powerlessness could also be observed in
vulnerable children who are exposed to threatening circumstances which they are
unable to manage.
6. Defenseless: Regardless of age, a child who is unable to defend him/herself
against aggression or dangerous environments are vulnerable. This can include
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those children who are oblivious to danger. Remember that self-protection
involves accurate reality perception particularly related to dangerous people and
dangerous situations. Children who are frail or lack mobility are more defenseless
and therefore vulnerable.
7. Non-Assertive: Regardless of age, a child who is so passive or withdrawn to not
make his or her basic needs known is vulnerable. A child who cannot or will not
seek help and protection from others is vulnerable.
8. Illness: Children who have continuing or acute medical problems and needs
9. Invisible: Children who are not visible to be noticed and observed, should be
considered vulnerable regardless of age.
3.5 Reporting to Law Enforcement, Prosecuting Attorney and Medical
Examiner
In reports alleging serious physical injury, sexual abuse or sexual assault, the DHHR
Supervisor or designee must:
Forward a copy of the report to the appropriate law-enforcement agency, the
prosecuting attorney or the coroner or medical examiner’s office, as required by
Chapter 49-2-809(b). The report must be forwarded regardless of our screening
decision. The appropriate report to send is contained within FACTS and is a DDE
report titled CPS Report for Law Enforcement (CPS-0188). The report should be
printed from FACTS and mailed promptly to the appropriate agencies. If the report is
being accepted by CPS for Family Functioning Assessment, the report should be sent
prior to contact with the family if possible. A copy of the report should be filed in the
FACTS file cabinet to document whether DHHR fulfilled its duty.
Make a report to the Multi-disciplinary Investigative Team, as established by Chapter
49-2-403(d), per the local protocol for MDT’s.
3.6 Centralized Intake
The DHHR currently provides a toll-free phone number, 1-800-352-6513, for child abuse
and neglect reports. The Centralized Intake Unit operates twenty-four (24) hours per day,
seven (7) days a week, including weekends and holidays. Reports accepted for
assessment by the Centralized Intake Unit shall be transmitted promptly to the local
DHHR office by the Centralized Intake Unit for appropriate response by local DHHR
Office.
3.7 Repeat Maltreatment (Intake)
If a referral is received before the due date of an open assessment (30 days from receipt
of the report), and involves the exact same allegations, the referral can be screened out
and associated to the pending assessment. If allegations are different from the initial
referral and meets definition of abuse and/neglect, the referral will be accepted.
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When CPS referrals are received after the due date of the most recent assessment (30
days from receipt of the report), centralized intake (CI) will accept the referrals if they
meet definition, even if the referral is alleging the same abuse/neglect as the most recent
referral. Reports involving allegations that do not meet the definition of abuse/neglect will
be screened out by CI. If the CPS supervisor feels that a thorough assessment with
pertinent collaterals was completed, or is in the process of being completed, the
supervisor can submit the referral for the re-consideration process.
If a referral is received on an open CPS case, those referrals are to be accepted and
assigned to the district.
If allegations are identical in open referral regardless of timeframe, the referral can be
screened out. For example; if Johnny comes to school with a black eye and reports that
mom hit him, and the teacher, counselor and grandma all report that Johnny has a black
eye and was hit by mom. This identical referral should be screened out.
3.8 Reports Involving another Jurisdiction
For reports of suspected child abuse or neglect involving another state, the worker will:
Follow the same rules and procedures for intake as other reports of suspected child
abuse or neglect.
The supervisor will:
Follow the same rules and procedures for intake as other reports of suspected child
abuse or neglect;
Contact the child protective services agency in the other state and make a report to
them;
Contact the appropriate law enforcement agency in the other state and make a report
to them, if required;
Depending upon the case situation, it may be necessary for both states to work
together to conduct a family functioning assessment;
If providing a courtesy interview is the only activity required, the report should be
screened out and an intake for Request to Receive Services, should be documented
in FACTS.
For reports of suspected child abuse or neglect involving another county, the worker will:
Follow the same rules and procedures for intake as other reports of suspected child
abuse or neglect.
The supervisor will:
Follow the same rules and procedures for intake as other reports of suspected child
abuse or neglect.
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Contact the CPS Intake Supervisor in the other county to share the information and
discuss how best to respond to the report.
Depending upon the case situation, it may be necessary for both counties to work
together to conduct a family functioning assessment and safety evaluation. Courtesy
interviews may be necessary. Workers may travel to another county to conduct an
interview at the discretion of the Supervisors involved. The decision should be made
in consideration of what will be the most effective way to conduct the assessment.
The most important aspect will be the communication between the two supervisors in
planning how to complete the family functioning assessment. If both parents live in the
same county, but the abuse occurred in another county, the county where the child
resides would be the primary CPS Social Worker.
If the parents live in separate counties, the county where the maltreating caretaker
resides/county where abuse occurred would be the primary CPS Social Worker.
A petition may be filed where the child resides, where the alleged abuse or neglect
occurred, where the custodial respondent or one of the other respondents resides, or
to the judge of the court in vacation. A petition may be filed in only one county.
3.9 Reports Involving Non-Custodial Parents
Children sometimes live in more than one household. Information collected in the CPS
Intake Assessment is based on the conditions in a specific household. For example, in a
case with parents living apart, if the child lives with the father but is allegedly abused or
neglected by the mother and stepfather while on a weekend visit, the report is completed
on the mother and stepfather’s household since that is where the alleged abuse or neglect
occurred. If abuse or neglect is alleged in both households, separate intake assessments
must be completed on each residence. Reports may not be screened out because the
child does not live with the suspected maltreating parent full-time or the parent does not
have custody of the child. In addition, reports may not be screened out due solely to the
parents having a dispute over the custody of the child.
For reports of suspected child abuse or neglect involving a non-custodial parent, the
worker and the supervisor will:
Follow the same rules and procedures for intake as other reports of suspected child
abuse or neglect by a custodial parent;
The case name will be that of the alleged maltreater;
If the report alleges abuse or neglect in multiple households, do not combine the two
cases but enter separate reports with separate screening and response time
decisions.
3.10 Reports Involving Certain Abandoned Children (Safe Haven)
The West Virginia Code Chapter 49-4-201 mandates the acceptance of certain
abandoned children by hospitals or health care facilities, without court order. The statute
permits hospitals or health care facilities to take possession of a child if the child is
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voluntarily delivered to the hospital or health care facility by the child’s parent within thirty
days of the child’s birth and the parent did not express intent to return for the child. The
hospital or health care facility may not require the parent to identify themselves and shall
respect the parent’s desire to remain anonymous. The hospital or health care facility must
notify CPS by the close of the first business day after the date the parent left the child,
that it has taken possession of the child. Any information provided by the parent shall be
given to CPS by the hospital or health care facility.
For reports of suspected child abuse or neglect involving certain abandoned children, the
worker and the supervisor will:
Enter the caregiver’s name as Unknown.
Follow the same rules and procedures for intake as other reports of suspected child
abuse or neglect, indicating the maltreatment category as Neglect, the type as
Abandonment, accepting the report for a Family Functioning Assessment and
transmitting the report to the Family Functioning Assessment Supervisor for
assignment to a worker.
3.11 Reports Made by the Court during Infant Guardianship
Proceedings
WV Code allows suitable individuals to petition for guardianship of minor children. If the
basis for the Infant Guardianship petition is abuse and/or neglect, the Circuit Court will
hear the case.
If the Infant Guardianship petition is based upon abuse and/or neglect, the Department
will receive notice of the Infant Guardianship proceedings. This will serve as a mandatory
referral for Family Functioning Assessment. CPS will then have not more than forty-five
(45) days to submit a report regarding the findings of the Family Functioning Assessment
or appear before the circuit court to show cause why the report has not been submitted.
If the circuit court believes the child to be in imminent danger, the court may shorten the
time for the Department to act upon the referral and appear before the court. This will
occur using the Disposition of CPS Investigation Report for Family and Circuit Court form.
For reports from Circuit Court regarding Infant Guardianship proceedings, the worker will:
Follow the same rules and procedures for intake as other reports of suspected child
abuse and/or neglect, indicating the response time to be within the time frames
established by state statute.
3.12 Reports Involving Critical Incidents
3.12.1 Definitions:
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Critical Incident: A reasonable suspicion that a fatality or near fatality was caused
by abuse or neglect or when abuse or neglect has been determined to have led to
a child’s death or near death.
Known to the Agency: A case known to the agency is defined as a family with an
open CPS case or a YS case within the last sixty (60) months, or whom CPS or
YS assessed within the last twelve (12) months.
3.12.2 Procedures:
1. A referral is made to Centralized Intake (CI) regarding a child fatality/near
fatality;
2. CI staff performs an intake assessment;
3. CI staff will check the appropriate Critical Incident box in the Family &
Children’s Tracking System (FACTS). (This will initiate an email alert to the
appropriate personnel on the email list);
4. If the referral meets the definition for child abuse and/or neglect, then the
case is assigned to the district;
5. If the intake is screened, the policy staff will review the intake assessment
to ensure it was an appropriate screen;
6. If it is determined the screened intake needs assigned to the district for
assessment, the policy staff will notify the Director of CI to accept and
assign the intake.
7. The district is responsible for completion of the Critical Incident Form for
accepted critical incidents. http://intranet.wvdhhr.org/bcf/cps_letters.asp;
3.13 Reports Involving DHHR Employees or Other Potential Conflicts
of Interest
For reports of suspected child abuse or neglect involving DHHR employees or others who
may present a conflict of interest, such as relatives of DHHR employees, the worker will:
Follow the same rules and procedures for intake as other reports of suspected child
abuse or neglect, unless the report involves a relative, DHHR employee, intimate
friend or close associate of the intake worker. If so, the intake worker should
immediately refer the reporter to the supervisor or designee to take the report.
The supervisor will:
Contact the Community Services Manager or designee to discuss the report and to
determine how it may best be handled. Under no circumstances should a CPS worker
be assigned to the report if the worker is a relative of the alleged maltreater, the child
or the families involved. (49-2-802(b)). Reports involving DHHR employees should
not be handled by the Community Services District in which the person is employed.
Other situations may also present a conflict of interest with CPS staff, such as
situations involving an intimate friend or close associate of the staff. Those situations
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should be referred to the Community Services Manager and a determination made
about how to best handle the family functioning assessment. If there is any doubt as
to whether the family functioning assessment may be compromised by a conflict of
interest, the report should be transferred to another Community Services District for
family functioning assessment;
Take appropriate action within FACTS to have access to the case restricted.
The Community Services Manager or designee will:
Review the report and determine whether it is necessary to transfer the report to
another Community Services District;
Contact the Regional Director or designee to make arrangements for the report to be
transferred to another Community Services District for family functioning assessment
when necessary;
Contact the Community Services Manager and CPS Supervisor in the other District to
notify them of the transferred family functioning assessment.
3.14 Reports Involving Medical Neglect of a Disabled Child
The Child Abuse Prevention and Treatment Act requires that states have procedures for
responding to instances of withholding medically indicated treatment from disabled infants
with life-threatening conditions. This would include every child who is born alive at any
stage of development, regardless of whether the birth occurs because of natural or
induced labor, cesarean section, or induced abortion. For reports of disabled infants or
children with life-threatening conditions, the worker will attempt to gather the following
information:
The name and address of the child and parents;
The name and address of the hospital where the child is being treated;
The condition of the child, and, information regarding whether the child may die or
suffer harm within the immediate future if medical treatment or appropriate nutrition,
hydration or medication is being or will be withheld;
The name and address of the person making the report, the source of their
information, and his or her position to have reliable information;
The names, addresses and telephone numbers of others who might be able to provide
further information about the situation.
Following the information gathering process, the worker will:
Transmit this information to the supervisor for decision making about acceptance.
The supervisor will:
Review the intake for thoroughness and completeness;
Indicate whether the report will be accepted or screened out (if screened out, the
supervisor must provide an explanation for the decision);
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Identify the response time as immediate for all accepted reports;
If accepted, transmit the report to the Family Functioning Assessment Supervisor for
assignment to a worker.
3.15 Reports Involving Domestic Violence
Domestic Violence is included in the statutory definition of an abused child. The term
Domestic Violence is defined in WV Code 48-27-202. Domestic violence is often
characterized by a pattern of coercive behaviors used by one person in order to maintain
power and control in a relationship. The pattern of coercive behaviors includes tactics of
physical, sexual, verbal, emotional and economic abuse, threats, intimidation, isolation,
minimizing, and using children against the victim parent. When there is reason to suspect
that a child has been abused or neglected or is subject to conditions that are likely to
result in abuse or neglect, as a result of domestic violence occurring between the adults
in the home a report should be made to CPS.
It is important that workers guide the interview with the reporter to gather as much
information as possible about the battering dynamics. Direct questions should probe the
referent about the presence of power and control displayed in the behavior of one
individual in the adult relationship. If power and control appear to be present, it is
imperative that the adult victim be documented as such which will allow the CPS Social
Worker to be better able to prepare for the first steps of intervention. Intra-familial violence
caused by substance abuse, mental illness, etc. may not require the same type of
intervention due to the lack of power and control the abuser has over the victim.
For reports of suspected child abuse or neglect involving domestic violence, including
reports of child exposure to domestic violence, the worker and the supervisor will:
Follow the same rules and procedures for intake as other reports of suspected child
abuse or neglect;
Complete demographic screen “Role in Intake” pick lists using the proper identifying
values. Please note that more than one value can be used per family member. Special
consideration should be given to the following:
1. “Alleged Batterer” and “Alleged Maltreater” should be used to identify the
predominant aggressor. This means that if the referent states that “parents fight all
the time”, the intake worker will need to ask probing questions to determine the
presence of power and control in the relationship.
2. “Adult Victim of Domestic Violence” should be used to identify the individual who
is a victim of domestic violence.
3.16 Reports Made by the Court during Domestic Violence Protective
Order Proceedings
Rule 47 of the West Virginia Rules of Practice and Procedure for Family Court requires
reporting to CPS whenever allegations of child abuse and neglect arise during (1) a
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petition for a Domestic Violence Protective Order; or (2) during a Family Court hearing on
a petition for a Domestic Violence Protective order.
When these allegations arise, the Family Court will send a written report to CPS, the
Circuit Court and to the Prosecuting Attorney. The Circuit Court will then enter an
administrative order to the Department, ordering an investigation and a report back within
forty-five (45) days (or less if the allegations involve imminent danger). The Circuit Court
will also set a date for a hearing regarding the investigation report. DHHR can avoid this
hearing if (a) the CPS worker/supervisor files the report within forty-five (45) days or less
if the allegations involve imminent danger, or (b) files a petition.
For reports from Circuit Court regarding allegations made during Domestic Violence
Protective Order proceedings, the worker will:
Follow the same rules and procedures for intake as other reports of suspected child
abuse or neglect.
3.17 Reports Involving Parents Knowingly Allowing Abuse and/or
Neglect
There have been multiple Supreme Court of Appeals decisions over the past 20 years
that have helped define the standard for parental responsibility when their children are
abused and/or neglected at the hands of others. The statutory abuse and neglect
definition for this is “A parent, guardian or custodian who knowingly or intentionally inflicts,
attempts to inflict or knowingly allows another person to inflict, physical injury or mental
or emotional injury, upon a child in the home.” This language replaces the old concept of
“failure to protect” which is nebulous and does not capture the full intent, nor does it
adequately identify the actions, or inactions, of a parent.
Generally, “knowingly allows” does not necessarily require actual knowledge of the
abuse. If the circumstances are such that the parent knew or should have known, the
standard is met.
One of these Supreme Court decisions, In Betty J.W., (1988), added a clarification of the
“knowingly allows…” standard for parents who are victims of domestic violence.
Specifically, the court found that when an adult victim takes “steps to protect” his or her
children that are reasonable in light of the threat posed by the batterer to the adult victim
and “does not defend the abuser or condone the abusive conduct”, then the individual
“does not ‘knowingly allow’ the abuse”.
It is important that workers, when completing referrals, guide the interview with the
referent to gather as much information as possible about the abuse dynamics. Direct
questions should probe the referent about the non-abusive parent’s knowledge of the
abuse and any action or inaction about which the referent is aware, as well as thoroughly
screen for any indications of domestic violence. It is imperative that an adult victim be
documented as such to better prepare the CPS Social Worker’s approach to the first steps
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of intervention. Knowing whether the non-abusive parent is also an adult victim will script
the very nature of the initial contacts with the family and help preliminarily determine if a
parent is “knowingly allowing” his or her child to be abused.
For reports alleging that a parent or guardian knowingly allowed abuse to occur, the
worker will:
follow the same rules and procedures for intake as other reports of suspected child
abuse or neglect, indicating the response time to be within the time frames established
by state code;
Complete demographic screen “Role in Intake” picklists using the proper identifying
values. Please note that more than one value can be used per family member. Special
consideration should be given to the following:
1. “Alleged Maltreater” should be used to identify the parent who is abusing or
neglecting the children;
2. “Non-maltreating Parent” should be used to identify the individual who is not
abusing or neglecting the children. This value is replacing the “Protective Parent”
picklist value;
3. “Parent Knowingly Allows Abuse/Neglect” should be used to identify the parent
who is not the maltreater of the acts of abuse but appears to be “knowingly allowing
abuse and/or neglect”;
4. “Adult Victim of Domestic Violence” should be used to identify the individual
who is a victim of domestic violence (see CPS policy Section 3.17 Reports
Regarding Domestic Violence.)
3.18 Reports Involving Allegations Made During Divorce/Custody
Proceedings
Rule 47 of the West Virginia Rules of Practice and Procedure for Family Court..........
requires the Family Court to report to CPS whenever allegations of child abuse and/or
neglect arise during divorce and/or custody proceedings in Family Court.
When these allegations arise, the Family Court will send a written report to CPS, the
Circuit Court and to the Prosecuting Attorney. The Circuit Court will then enter an
administrative order to the Department, ordering an investigation and a report back within
45 days (or less if the allegations involve imminent danger). The Circuit Court will also set
a date for a hearing regarding the investigation report. DHHR can avoid this hearing if
(a) the CPS worker/supervisor files the report within forty-five (45) days (or less if the
allegations involve imminent danger, or (b) files a petition.
For reports arising out of divorce/custody proceedings, the worker and supervisor will:
Follow the same rules and procedures for intake as other reports of suspected child
abuse or neglect, indicating the response time to be within the time frames established
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within state code.
3.19 Reports Involving Substance Use or Abuse
When a report is received alleging caregiver substance use, a thorough interview must
be conducted with the reporter in order to determine if there is reason to suspect that the
child is abused or neglected in any way, or subject to conditions or circumstances that
would likely result in abuse or neglect due to any use or abuse of substances (legal or
illegal or prescribed) by the parents.
For reports of suspected child abuse or neglect involving parental substance use, the
worker and the supervisor will:
Follow the same rules and procedures for intake as other reports of suspected child
abuse or neglect, indicating the allegations of maltreatment specific to the
circumstances in the referral. When there are no specific allegations, the referral will
be accepted for “Abuse” and the type would be “Mental/Emotional Injury”.
For referrals specific to newborns and infants
The Child Abuse Prevention and Treatment Act (CAPTA) is a key piece of federal
legislation that guides child protective services. This legislation requires that child
protective services and other community service providers address the needs of new-
born infants who have been identified as being affected by alcohol, legal and/or illegal
substances or experiencing withdrawal symptoms resulting from prenatal drug exposure.
Health care providers or medical professionals who are involved in the delivery or care of
such infants are required to make a report to child protective services. Hospital Social
Workers who report are acting on behalf of the hospital or birthing center and should be
considered medical professionals in this capacity.
All newborns are extremely vulnerable as 100% of their livelihood is dependent upon their
care givers. Infants who test positive for prescribed, non-prescribed, legal or illegal drugs,
present with withdrawal symptoms, or are diagnosed with fetal alcohol spectrum disorder,
are even more vulnerable due to their medical condition.
Neonatal abstinence syndrome (NAS) is a group of problems that occur in a newborn
who was exposed to addictive illegal or prescription drugs while in the mother's womb.
When a report is received specifically from a medical professional, including a hospital
social worker, indicating that an infant was born testing positive for a legal or illegal drug
or prescribed medication or an infant is suffering from withdrawal from a legal or illegal
drug or prescribed medication (including drugs that treat addiction), or Fetal Alcohol
Spectrum Disorder the child will be identified as a Drug-Affected Infant.
For reports received from medical professionals of drug-affected infants, the Intake
Assessment Worker will gather the following information:
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The name and address of the medical facility where the child was delivered;
The infant’s drug results if applicable, including type of drug for which the infant tested
positive;
The birth mother’s drug test results if applicable, including type of drug for which she
tested positive;
Information from the delivering obstetrician, nurse practitioner, mid-wife or other
qualified medical personnel as to the condition of the infant upon birth. The statement
should include specific data as to how the in-utero drug or alcohol exposure has
affected the infant (e.g., withdrawal, physical and/or neurological birth defects);
The infant’s birth weight and gestational age;
The extent of prenatal care received by the birth mother;
The names and ages of any siblings the infant may have, including any abuse, neglect
or safety concerns regarding the siblings.
Following the information gathering process with the reporter, the worker will:
Follow the same rules and procedures for entering intakes as other reports of
suspected child abuse and neglect into FACTS;
For Example: If a mother gives birth and shoots heroin in the alley of
the hospital 2 hours after the delivery of the child. The child does not
test positive or have withdrawal symptoms and is not identified as
Drug-affected. The referral will be accepted due to mother’s drug
use and potential safety concern created by this drug use if the infant
was discharged to the mother. An assessment is necessary to
determine if the child is safe.
The supervisor will:
Follow the same rules and procedures for intake as other reports of suspected child
abuse or neglect by a caregiver.
3.20 Reports Involving Informal, Unlicensed/Unregistered Child Care
Settings
Informal, unlicensed/unregistered child care settings are investigated by Child Protective
Services staff using the IIU format. For reports of suspected child abuse or neglect
involving these settings, the worker will attempt to gather the following information and
will use the IIU format in FACTS:
The name, age and current location of the child;
The name, address and position of the suspected maltreater;
Information about the suspected maltreatment, including time(s) and date(s);
How the child functions, including pervasive behaviors, feelings, intellect, physical
capacity and temperament;
The names of individuals, staff or residents who have direct knowledge of the
incident and their whereabouts;
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Where the suspected maltreater is at the time of the intake;
Who the reporter is (name, address, and phone);
How the reporter came to know about the concerns;
Why the reporter is reporting the situation currently;
Whether the maltreater knows the report is being made;
The reporter’s opinions about needed actions and child’s safety.
Following the information gathering process with the reporter, the worker will:
Indicate whether the allegations of maltreatment are abuse, neglect, sexual abuse
or other;
Enter the name of the informal provider in the facility field within FACTS;
Review the intake for thoroughness and then transmit the report for review and
decision-making regarding acceptance and response time;
Determine if the provider is listed in FACTS as a childcare provider. If the provider
is not listed in FACTS, forward the referral to the CPS Supervisor. If the childcare
setting is listed in FACTS as a registered/licensed setting, forward to the IIU
supervisor;
Transmit report to the CPS intake supervisor.
The supervisor will:
Review the intake for thoroughness and completeness.
In determining whether to accept the report or screen it out, the supervisor must consider:
Whether the information collected meets the statutory or operational definitions of
child abuse or neglect. CPS will not investigate non-compliance or referrals that
do not meet the definitions of abuse and neglect.
For reports of suspected child abuse or neglect involving group residential and foster
family settings and child care center settings, please refer to the IIU Policy Sections 3.27
Reports Involving Institutional Investigative Unit (IIU) and Child Maltreatment in Group
Residential and Foster Family Settings.
3.21 Reports Involving Non-caregivers and/or Requests from Law
Enforcement
For reports of suspected child abuse and neglect perpetrated by someone other than a
caregiver, (parent, guardian or custodian), the worker will:
Follow the same rules and procedures for intake as other reports of suspected child
abuse or neglect by a caregiver.
If the third-party perpetrator has children of their own or children living in their home,
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a second intake will be entered on their household.
The supervisor will:
If the third party has no children of their own or living in their home, screen out the
report and refer the intake to law enforcement.
If the third party does have children of their own or children living in their home, follow
the same rules and procedures for intake as other reports of suspected child abuse
or neglect by a caregiver.
If the report suggests that the parent, guardian or custodian of the child had knowledge
that the third party was not an appropriate caregiver, a referral must be entered on the
victim’s family.
If there is a request from Law Enforcement for a worker to interview the child, the
supervisor will determine whether the request is reasonable in consideration of the
CPS role on the local Multi-Disciplinary Investigative team. CPS workers may assist
the MDT with criminal investigations of serious child abuse or sexual assault and
provide expertise in child interviewing, evaluating the need for services and making
referrals to community resources and support services. This assistance may be
provided at the discretion of the Community Services Manager;
3.22 Reports Involving Sexual or Abusive Interactions between
Children
Children may engage in roughhousing, fighting, sexual play or exploration with other
children. Such activities may be within the boundaries of normal, natural child or
adolescent behavior. When inappropriate, abusive or excessive sexual interactions occur
between siblings, unrelated children, young children and adolescents, the parent of the
aggressive child has the responsibility to find and understand the cause of the behavior,
protect the child from recurrence and obtain treatment for the aggressive child if indicated.
In these situations, the aggressor should not be listed as the maltreater. For reports
of suspected child abuse or neglect involving sexual or abusive interactions between
children, the worker will:
Follow the same rules and procedures for intake as other reports of suspected child
abuse or neglect;
Attempt to gather information concerning the parent’s previous knowledge of the
abuse, if they are currently aware, and what steps they may have taken to prevent the
abuse from occurring in the future.
Gather demographic information on the child victim and the victim’s family.
Consider the appropriateness of a referral on the alleged victim’s family if there is
information that may suggest the victim’s family knowingly allowed the abuse to occur
or failed to act to ensure their child’s safety.
The supervisor will:
Consider whether the incident may be a result of abuse or neglect by the parent;
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Consider the appropriateness of the parent’s response to the incident and his/her
willingness and ability to address the child’s needs, both medical and emotional;
Consider whether the reported incident is within the realm of normal, natural child play
or exploration between same age children;
Forward a copy of the report to the Prosecuting Attorney and appropriate Law
Enforcement agency, if indicated;
Refer the parent to community services which may be of assistance to the family, if
indicated;
Refer the parent to the Juvenile Probation Office or appropriate Law Enforcement
Agency, if indicated;
Accept the referral and transmit it to the Family Functioning Assessment Supervisor if
the supervisor is not reasonably confident that the incident is within the realm of
normal, natural child play or exploration is not the result of abuse or neglect or that the
parent is going to seek appropriate treatment for the child;
Follow the same rules and procedures for intake as other reports of suspected child
abuse or neglect.
3.23 Reports Involving Registered Child Sex Offenders
West Virginia State Code section 15-12, Sex Offender Registration Act, requires that
certain sex offenders register demographic information about themselves in order that
citizens may take appropriate precautions to protect its vulnerable populations. This
statute also requires lifetime registration for any individual who commits a sexual crime
against a child under the age of eighteen (18).
To help further protect children from harm by registered child sex offenders, CPS will
accept for assessment referrals alleging that a registered child sex offender has unlimited
and/or unrestricted access to a child under the age of eighteen (18). An example of
unlimited and/or unrestricted access would be if the biological parent co-habitates with
the registered child sex offender and the children also reside in the home, even if only
part-time. Other examples of unlimited and/or unrestricted access include child sex
offenders who: act as a caregiver, even part-time; spend the night with the non-child sex
offender caregiver and is able to come and go from room-to-room at will; is a relative and
the non-child sex offender parent leaves the child in the child sex offender’s care, even if
only one day per week. Please note that this is not to mean the children must be
unsupervised for it to qualify as “unlimited and/or unrestricted”. “Part-time” means
someone who may be a paramour or relative, who has frequent access but is not a
resident. It could also be used to describe an offender who may be present only on
weekends, but not during the week.
For reports of unlimited and/or unrestricted access of a child to a registered sex offender,
the worker will:
Follow the same rules and procedures for intake as other reports of suspect child
abuse or neglect;
Complete a search of the West Virginia State Police Sex Offender Registry located on
the internet, at https://apps.wv.gov/StatePolice/SexOffender/Disclaimer, making sure
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that (1) the individual is, indeed, listed on the registry, and (2) that the individual was
convicted and registered for a sex offense against a child under the age of eighteen
(18);
Document the results of the search in the intake assessment.
The supervisor will:
Indicate whether the referral will be accepted or screened out. If screened out, the
supervisor must provide an explanation as to why the referral does not indicate that
the child is being subjected to conditions that are likely to result in abuse or neglect.
3.24 Reports Involving Individuals on the Child Abuse and Neglect
Registry
WV Code 15-13-1 et seq. requires individuals convicted of child abuse and neglect
register with the State Police for a period of ten years. The State Police must forward the
initial registration and future updates to the Department of Health and Human Resources
(DHHR). DHHR is then responsible for distributing the information to various entities,
maintaining a record of requests for information, and conducting family functioning
assessments when appropriate. This protocol will outline the steps necessary to satisfy
the legislative requirements.
The Division of Children and Adult Services will receive the notifications from the State
Police and will forward the notifications to the appropriate DHHR District Offices within
two (2) business days. The District Office will receive the notifications when a registrant
resides, is employed, or attends school or training facility in the home county of the District
Office.
When the DHHR District Office receives a Child Abuse Notification due to a registrant
working or attending school in a county within that districts jurisdiction, the following must
occur:
Within three (3) business days of receiving the notification statement mail a copy of
the notification to the supervisor of the sheriff’s department, as well as the supervisors
of all municipal and campus law enforcement agencies, in the county where the
registrant is employed or attends school
Within three (3) business days of receiving the notification statement mail a copy of
the notification to the county superintendent of schools where the registrant is
employed or attends school
When the DHHR District Office receives a Child Abuse Notification and the registrant
resides within that districts jurisdiction, the following must occur:
Within three (3) business days of receiving the notification statement mail a copy of
the notification to the supervisor of the sheriff’s department, as well as the supervisors
of all municipal and campus law enforcement agencies, in the county where the
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registrant resides;
Within three (3) business days of receiving the notification statement mail a copy of
the notification to the county superintendent of schools where the registrant resides;
Review the notification to determine if the registrant is residing with children.
If the notification indicates that the registrant is residing with children, a CPS referral must
be entered in FACTS due to the children being subject to conditions that are likely to
result in abuse or neglect. A Family Functioning Assessment must be completed on the
family unless:
A Family Functioning Assessment has previously been completed on the family due
to the registrant’s status on the child abuse registration; and
The notification is an update with no additional children listed.
If an updated notification is received listing children not in the residence at the time of the
previous family functioning assessment, a new family functioning assessment should be
completed.
3.25 Reports Involving Pregnant Women Who do not have Children
When a referral is received concerning a pregnant woman who has no children the
following must occur:
Inform the reporter of community resources explaining that, if appropriate, they
can educate the woman on the available services.
Centralized Intake Supervisor will screen out the referral for Child Protective
Services due to the allegation not meeting the legal definition of abused or
neglected child found in Chapter 49-1-201 and then notify the district supervisor
of the screened out referral via email.
The district CPS Supervisor will notify the client of the referral and inform her
of resources available to assist her. Examples of resources available include
but are not limited to: Right from the Start, Family Resource Centers,
Community Behavioral Health Centers, Medicaid, and the Women Infants and
Children Program. This notification can be made by phone, in writing or face
to face.
Record the notification in the contacts screen in FACTS.
3.26 Reports Involving Educational Neglect
While it is a parent’s responsibility to ensure that their child receives an education
regardless of their child’s age, it is recognized that parents should have more control,
influence and responsibility for children between five (5) and eleven (11) years of age.
When a referral alleging a child is being neglected due to lack of education, Child
Protective Services should examine the referral to determine if it is appropriate to for Child
Protective Services intervention. Issues to consider prior to accepting the referral for
educational neglect:
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The school’s efforts to address the child’s absences or educational needs with the
caregiver;
The caregivers’ responses to the school’s efforts;
Any other allegations that would indicate the child is abused or neglected, or
subject to conditions where abuse or neglect is likely to occur.
The referral for Child Protective Services must be accepted if the allegations indicate that
the school has made efforts to correct the absences or educational needs yet has been
unsuccessful due to the parent’s lack of cooperation with the school, or if there is any
other allegations that would indicate the child is abused or neglected or subject to
conditions where abuse or neglect is likely to occur.
3.27 Reports Involving Children Found at Clandestine Drug
Laboratories and/or Exposed to Methamphetamine Residue
Contamination
The abuse and manufacture of methamphetamine is a pronounced and growing problem
in West Virginia. Clandestine methamphetamine laboratory law enforcement seizures
reached a record of 561 in 2013.
The chemicals used to manufacture methamphetamine, the production process, and the
waste generated because of that process pose real and serious dangers to the public and
environment. These dangers include toxic poisoning, chemical and thermal burns, fires
and explosions.
Methamphetamine residue generated during the final “gas” phase of production is a
contaminant that cannot be seen with the naked eye. Smoking methamphetamine can
cause the same residual contamination. Exposure to methamphetamine residue may
cause respiratory problems, flu-like symptoms, sleeplessness, agitation, etc. West
Virginia Code Chapter 60A-11 “Clandestine Drug Laboratory Remediation Act” and West
Virginia Code of State Regulations 64-92 “Clandestine Drug Laboratory Remediation
Rule” regulates how properties exposed to residual methamphetamine contamination are
handled.
The children who live in and/or near methamphetamine labs, or are exposed to vapors
from smoking methamphetamine, are at the greatest risk for health issues due to their
proximity to areas where the residue can be found, i.e. carpeted floors, tables, clothing,
toys, ventilation, etc.
Responding to a suspected meth lab where children are present requires a carefully
planned and coordinated approach involving multiple partners. Those who make meth
often use meth, making them prone to violent behavior. Often, meth producers try to
keep secret and protect their illegal operations by using weapons, explosive traps, and
surveillance equipment.
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The following plan, derived from the West Virginia Drug Endangered Children
“Interdisciplinary Guide for the Removal of Children from Methamphetamine
Environments” applies to situations where there is reason to believe that abuse and
neglect of a child has occurred through exposure to controlled substances, or chemicals
and processes involved in manufacturing illegal drugs. West Virginia Code Chapter 60A-
10-12 “Exposure of children to methamphetamine manufacturing” defines penalties
associated with individuals exposing children to known methamphetamine laboratories.
Reminder: Smoking methamphetamine can cause the same residual
methamphetamine contamination as manufacturing.
3.28 Reports Involving Human Trafficking
For reports of suspected child abuse and neglect in the form of human trafficking
perpetrated by a caregiver (parent, guardian or custodian) or a third-party perpetrator the
worker will:
Enter the CPS referral on the home of the alleged perpetrator/trafficker.
Enter each trafficked victim as a child and a victim in the trafficker’s referral.
Enter the alleged perpetrator/trafficker as the maltreater.
If the alleged perpetrator/trafficker has children of their own, a separate referral on
the trafficker and their children may be necessary if abuse and/or neglect is
suspected against those children.
For Trafficking select maltreatment type Abuse/ Human Trafficking. Select Sex
Trafficking by Parent, Sex Trafficking by non-parent, Labor Trafficking by
Parent or Labor Trafficking by non-parent. Complete the explanation text box
with details of the trafficking.
The Centralized Intake supervisor will:
Accept the report and assign an immediate response.
Since the referral was received as a report of human trafficking, the CI supervisor will
notify Law Enforcement within twenty-four (24) hours of receipt of the referral. If the Law
Enforcement agency who handles human trafficking was the referent, there is no need
to contact that agency in return.
3.29 Reports Involving Temporary Assistance for Needy Families
(TANF) Drug Testing
WV Code §9-3-6(h) require abuse and/or neglect referrals to be made by TANF staff:
An individual has had their benefits suspended and who has not designated a
protective payee; or
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An individual’s benefits have been terminated due to failure to pass a drug test.
The Centralized Intake Worker will:
Collect identifying information and demographic information on the TANF applicant
and the applicant’s family.
Gather information about alleged drug use.
o Drug Scree Results
o Family impact of drug use
o Criminal history resulting from drug use
Assess for and document other suspected forms of abuse and/or neglect.
Document allegations of Emotional/Psychological Abuse (Drug Use by Caretaker).
The Centralized Intake Supervisor will:
Accept and assign the referral for assessment if the allegations meet the definition
of abuse or neglect per Chapter 49 of WV Code or if children are identified as unsafe.
The Mandated Reporter Letter will serve as notification to the TANF worker.
3.30 Reports Involving Institutional Investigative Unit (IIU) and Child
Maltreatment in Group Residential and Foster Family Settings
Pre-Investigation-Introduction
Reports of suspected child abuse or neglect in group residential or foster family settings
are assessed in a different manner than reports of suspected child abuse or neglect in
intra-familial settings. The initial assessment and safety evaluation of suspected abuse
or neglect in intra-familial settings focuses on assessing the presence and level of risk to
a child within the family setting and the evaluation of safety of the child, promotion of
family preservation when the safety of the child can be maintained and the provision of
safety services to prevent family disruption. Investigations involving group residential or
foster family care are not focused on family functioning and family preservation and for
that reason, the same initial assessment and safety evaluation is not used in IIU. The
process used for IIU investigations is one that focuses on ensuring safety of the child,
determination of whether the incident occurred, whether maltreatment (child abuse or
neglect) occurred, the culpability of the agency/provider and areas of concern identified
during the investigation that may indicate non-compliance. Non-compliance violations
will be determined by the Residential Child Care Licensing Specialist or Regional Home
Finding Supervisor. When non-compliance violations are determined a Corrective Action
Plan will be required.
Institutional Investigative Unit Intake Protocol
The primary purpose of intake is to identify cases of child abuse or neglect. During this
process, the intake worker will attempt to explore with the reporter, insofar as possible,
the allegations being made to determine whether there is reasonable cause to suspect
that child abuse or neglect exists.
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1. For reports of suspected child abuse or neglect involving a group residential facility or
foster family care home the intake worker will attempt to gather the following
information:
The name, age and current location of the child;
The name of the child’s worker and the worker’s county office;
The name, address and position of the suspected alleged maltreater;
Information about the suspected maltreatment, including time(s) and date(s);
How the child functions, including pervasive behaviors, feelings, intellect, physical
capacity and temperament;
The names of individuals, staff or residents who have direct knowledge of the
incident and their whereabouts;
Where the alleged maltreater is at the time of the intake;
The name and contact information for the reporter;
Whether the alleged maltreater knows the report is being made;
What actions, if any, have been taken by the agency or provider;
The reporter’s opinions about needed actions and child’s safety.
2. Following the information gathering process with the reporter, the intake worker will:
Indicate whether the allegations of maltreatment are abuse, neglect, sexual abuse
or other;
Enter the name of the agency or provider in the Facility field within FACTS;
Review the intake for thoroughness and then transmit the report to the IIU
Supervisor, PRIOR to screening the report.
3. The IIU Supervisor will:
Review the intake and determine whether the information collected meets the
statutory or operational definitions of child abuse or neglect or whether the
information indicates a possible violation of licensing regulations or Home Finding
policies and standards.
4. If the information indicates there is a reasonable cause to suspect that child abuse or
neglect may have occurred, the IIU Supervisor will:
Accept the report for investigation, identify the response time and assign it to an
IIU Worker.
Note: Only those reports indicating that child abuse or neglect may have occurred per the
statutory and operational definitions will be accepted for investigation by IIU.
5. The Community Services Manager or designee will:
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Assure that the child’s immediate needs for safety, medical care and/or removal
are addressed;
Notify the IIU Worker of any information that may be relevant to the investigation.
6. The Regional Home Finding Supervisor or designee will:
Require immediate removal of the foster children and prohibit any contact with the
children and any new placements in the home until the investigation is completed,
whenever the report involves sexual abuse or serious physical injury to a child, or
there is any other indication the home is unsafe;
Note: Regional Home Finding Staff should also refer to Foster Care Provider
(Home Finding Policy) Section 14.8, for further instructions.
Notify the IIU Worker of any information that may be relevant to the investigation.
7. If the information does not indicate there is a reasonable cause to suspect that child
abuse or neglect may have occurred, the IIU Supervisor will:
Transmit the report to the Regional Home Finding Supervisor or Residential
Licensing Supervisor if the information indicates that a possible violation of
licensing regulations or Home Finding standards has occurred; or
Screen out the report;
Ensure that all mandated referents receive verbal notification if the reported
suspected abuse or neglect has been screened out. Document the notification in
FACTS on the Contact screen identifying “reporter” as the Non-Client/Non-
Collateral Participant.
3.31 Reports Involving the Institutional Investigative Unit (IIU) and
Child Maltreatment in School Settings
Introduction
Reports of suspected child abuse or neglect in school settings are assessed in a different
manner than reports of suspected child abuse or neglect in intra-familial settings. The
family functioning assessment in intra-familial settings focuses on assessing safety of the
child, promotion of family preservation when the safety of the child can be maintained and
the provision of safety services to prevent family disruption. Investigations involving
schools are not focused on family functioning and family preservation and for that reason;
the family functioning assessment is not used in IIU. The process used for IIU
investigations is one that focuses on ensuring safety of the child, determination of whether
the incident occurred and whether maltreatment (child abuse or neglect) occurred.
Institutional Investigative Unit Intake Protocol
The primary purpose of intake is to identify cases of child abuse or neglect. During this
process, the intake worker will attempt to explore with the reporter, insofar as possible,
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the allegations being made in order to determine whether or not there is reasonable cause
to suspect that child abuse or neglect exists.
(Note: Reporters of child abuse or neglect in school settings should be referred to the
Centralized Intake Unit.)
1. For reports of suspected child abuse or neglect involving school personnel, the worker
will attempt to gather the following information:
The name and address of the child and parents;
The name, address and position of the suspected maltreater;
Information about the suspected maltreatment and the surrounding circumstances
accompanying the suspected maltreatment;
How the child(ren) functions, including pervasive behaviors, feelings, intellect,
physical capacity and temperament;
Where the child(ren) is at the time of the intake;
Where the suspected maltreater is at the time of the intake;
Who the referent is (name, address, phone);
How the referent came to know about the concerns;
Why the referent is referring the situation currently;
Whether the maltreater knows the report is being made;
The referent’s opinion about needed actions and child’s safety.
2. Following the information gathering process, the DHHR/CPS intake worker or the
supervisor will:
Indicate whether the allegations of maltreatment are abuse, neglect, sexual abuse
or other;
Enter the name of the school in the Facility field within FACTS;
Review the intake for thoroughness and then transmit the report to the IIU
Supervisor for review and decision making regarding acceptance and response
time, PRIOR to screening the report.
3. The IIU Supervisor will:
Review the intake and determine whether the information collected meets the
statutory or operational definitions of child abuse or neglect.
4. If the information indicates there is a reasonable cause to suspect that child abuse or
neglect may have occurred, the IIU Supervisor will:
Accept the report for investigation, identify the response time and assign it to an
IIU Worker.
Note: In determining whether to accept the report or screen it out, the supervisor must
consider:
Whether the information collected meets required definitions of child abuse or
neglect;
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Whether the allegations of abuse or neglect involving school personnel have
occurred on school property or during a school-sponsored event, activity, or job
assignment.
5. If the information does not indicate there is reasonable cause to suspect that child
abuse or neglect may have occurred, the IIU Supervisor will screen out the report.
6. Ensure that all mandated referents receive verbal notification if the reported suspected
abuse or neglect has been screened out. Document the notification in FACTS on the
Contact screen identifying “reporter” as the Non-Client/Non-Collateral Participant.
3.32 Reports involving Institutional Investigative Unit (IIU) and
Licensed Child Care Centers/Registered Family Child Care
Facilities/Registered Family Child Care homes
Introduction
Reports of suspected child abuse or neglect in licensed child care centers, registered
family child care facilities and registered family child care homes are assessed in a
different manner than reports of suspected child abuse or neglect in intra-familial settings.
The initial assessment and safety evaluation of suspected abuse or neglect in intra-
familial settings focuses on assessing the presence and level of risk to a child within the
family setting and the evaluation of safety of the child, promotion of family preservation
when the safety of the child can be maintained and the provision of safety services to
prevent family disruption. Investigations involving licensed child care centers, licensed
family child care facilities and registered family child care homes are not focused on family
functioning and family preservation and for that reason, the same initial assessment and
safety evaluation is not used in IIU. The process used for IIU investigations is one that
focuses on ensuring safety of the child, determination of whether the incident occurred,
whether maltreatment (child abuse or neglect) occurred, the culpability of the
agency/provider, and areas of concern identified during the investigation that may indicate
non-compliance. Non-compliance violations will be determined by the Child Care
Licensing Specialist or Child Care Regulatory Specialist. When non-compliance
violations are determined a Corrective Action Plan will be required.
Institutional Investigative Unit Protocol for Licensed Child Care Centers, Licensed
Family Child Care Facilities and Registered Family Child Care Homes
A. Intake
The primary purpose of intake is to identify cases of child abuse or neglect.
During this process, the intake worker will attempt to explore with the
reporter, insofar as possible, the allegations being made in order to
determine whether or not there is reasonable cause to suspect that child
abuse or neglect exists.
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Note: Reporters of child abuse or neglect should be referred to the Centralized Intake
Unit.
1. For reports of suspected child abuse or neglect involving a licensed
child care center or licensed family child care facility/registered family
child care home, the intake worker will attempt to gather the following
information;
a. The name, age and current location of the child;
b. The name of the child’s parents or guardians and their
address and phone number;
c. The name, address and position of the suspected alleged
maltreater;
d. Information about the suspected maltreatment, including
time(s) and date(s);
e. How the child functions, including pervasive behaviors,
feelings, intellect, physical capacity and temperament;
f. The names of individuals, staff or residents who have direct
knowledge of the incident and their whereabouts;
. g. Where the alleged maltreater is at the time of the intake;
h. The name and contact information for the reporter;
i. Whether the alleged maltreater knows the report is being
made;
j. What actions, if any, have been taken by the agency or
provider;
k. The reporter’s opinion about needed actions and child’s
safety.
2. Following the information gathering process with the reporter, the
DHHR/CPS intake worker or the Centralized Intake worker will:
a. Indicate whether the allegations of maltreatment are abuse,
neglect, sexual abuse or other;
b. Enter the name of the agency or provider in the provider field
within FACTS;
c. Review the intake for thoroughness and then transmit the
report to the IIU Supervisor, PRIOR to screening the report.
3. The IIU Supervisor will;
a. Review the intake and determine whether the information
collected meets the statutory or operational definitions of child
abuse or neglect or whether the information indicates a
possible violation of licensing regulations or child care policies
and standards.
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4. If the information indicates there is a reasonable cause to suspect
that child abuse or neglect may have occurred, the IIU Supervisor
will;
a. Accept the report for investigation, identify the response time
and assign it to an IIU Worker;
b. If the allegations of abuse and/or neglect are determined to
be of a serious nature, the IIU supervisor will recommend the
restriction of use of the particular provider or the removal of
the alleged maltreater from the premises pending the
outcome of the investigation.
Note: Only those reports indicating that child abuse or neglect may have occurred per the
statutory and operational definitions will be accepted for investigation by IIU.
5. The Child Care Licensing Specialist or Child Care Regulatory Specialist
will:
a. Notify the IIU Worker of any information that may be relevant
to the investigation;
b. Assure that appropriate action has been taken at the Center
or Facility to protect the children and remove the alleged
maltreater from access to children, pending the completion of
the investigation.
6. If the information does not indicate there is a reasonable cause to
suspect that child abuse or neglect may have occurred, the IIU
Supervisor will:
a. Transmit the report to the Child Care Licensing Program Manager
or Regional Child Care Supervisor if the information indicates that
a violation of licensing regulations, child care policies and/or
standards;
b. Screen out the report;
c. Ensure that all mandated referents receive verbal
notification if the reported suspected abuse or neglect has been
screened out... Document the notification in FACTS on the
Contact screen identifying “reporter” as the Non-Client/Non-
Collateral Participant.
SECTION 4 FAMILY FUNCTIONING ASSESSMENT
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4.1 Purpose of the Family Functioning Assessment
The Family Functioning Assessment is the second assessment within Child Protective
Services (CPS). The term and label Family Functioning Assessment refers to the function
that is commonly referred to as investigation or initial assessment. The Family
Functioning Assessment determines who CPS will serve by assessing and reaching
conclusions about caregivers who are unable or unwilling to protect their children from
impending danger.
The purpose of the Family Functioning Assessment is:
To respond in a timely manner in accordance with content contained with the Intake
Assessment;
To inform caregiver’s that there is a reported concern for the safety of their children;
To engage caregivers in a process that provides a picture of the family and reveals
whether children are in danger;
To meet emergency needs that are apparent at the onset or during the Family
Functioning Assessment;
To conduct a structured, thorough information collection process that includes relevant
family members;
To keep caregivers informed and appropriately involved in case decision making;
To reach a finding regarding the existence of child maltreatment consistent with state
statute;
To determine if a child in the home is unsafe;
To establish a sufficient, least intrusive Safety Plan when indicated.
4.2 Family Functioning Assessment Protocol
The Family Functioning Assessment provides a uniform, systematic, and structured
approach to all family situations when a child is alleged to be abused or neglected. It is
designed to assure that a family centered approach is taken. The Family Functioning
Assessment begins with the preparation phase and continues until sufficient information
is collected to make the necessary Family Functioning Assessment decisions. It is
important to understand that several steps in this process can be completed during the
same visit with the family.
Steps for completion of the Family Functioning Assessment and Safety Evaluation are:
Preparation
Initial Family Contact Requirements
Information collection
Present danger assessment
Protection planning
Safety Evaluation
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Safety Evaluation Conclusion
There may be reports which require a variant response due to the nature of the
allegations. Specific policies related to those reports can be found in CPS Policy Section
4.26 through 4.42.
4.3 CPS Social Worker Preparation
Upon assignment of a report for Family Functioning Assessment, the CPS Social Worker
will:
Review the report and all previous reports, records and documentation on the family
which are relevant to CPS;
Consider alleged threats of serious harm to the children;
Determine if the report requires a variant response based upon the allegations and
review the corresponding policy section;
If necessary, consult with a Supervisor to determine the best course of action for
responding to the report;
Develop a plan for completion of the Family Functioning Assessment, considering the
personal safety policy and response time indicated at intake. The preferable site to
interview the child is one which is child-friendly, neutral, confidential, aiding in a feeling
of psychological safety. It is the position of the DHHR that the choice of the site of the
interviews and who is present during an interview is left to the discretion of the CPS
staff. This choice is affirmed in 49-2-802 which requires certain groups to provide
such assistance.....as will enable it to fulfill its responsibilities. Such assistance can
and should, when necessary, be interpreted to mean private interviews. There are
some exceptions. If a child indicates that he or she would be more comfortable with
a teacher, counselor or other person present during an interview, then the worker can
include that person if the person is not the alleged maltreater. The alleged maltreater
or non-maltreating parent may also indicate that he or she would like to have an
advocate, counselor, attorney or other person present during an interview, and the
worker must make arrangements to accommodate that request. However, under no
circumstances should a child be left in an unsafe situation while waiting to make
arrangements for the interview;
Contact law enforcement, the prosecuting attorney or the medical examiner if the
report involves serious physical injury, sexual abuse, sexual assault or death of a child
to coordinate any arrangements for a joint investigation/family assessment. If the
prosecuting attorney and/or the law enforcement official declines to proceed with a
joint investigation/assessment, CPS must proceed as the sole entity conducting the
family functioning assessment. The failure of law enforcement or the multi-disciplinary
investigative team to investigate reports of suspected child abuse or neglect does not
relieve DHHR of its responsibilities to protect children. Reports alleging physical
injury, sexual abuse, and critical incident will be automatically referred to the WV State
Police Child Abuse Unit. The referral to the WV State Police Child Abuse Unit does
not abolish the requirement to contact local law enforcement;
Contact the local multi-disciplinary investigative team according to the protocol
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established in collaboration with the prosecuting attorney and local law enforcement.
A multi-disciplinary investigative team should be established in each county and
should be headed and directed by the prosecuting attorney, pursuant to Chapter 49-
4-402(a). The team should be responsible for ....coordinating or cooperating in the
initial and on-going investigation of all civil and criminal allegations pertinent to cases
involving child sexual assault, child sexual abuse, child abuse and neglect... (49-4-
402(c)).
Supervisor Duties:
Review the referral and if necessary provide guidance on completing the Family
Functioning Assessment;
Assure that law enforcement, the prosecuting attorney or the medical examiner has
been contacted if required.
4.4 Initial Family Contact
Due to the nature of CPS, there are requirements that must be adhered to when initially
contacting families. Those requirements include:
Make face-to-face contact with the identified child(ren) in the time indicated as the
response time on the intake. If unable to do this, the worker must document the
reasons in FACTS. The response time is the maximum amount of time that is allowed
to contact the victim child; it is best practice to contact the victim child, other children
and caregivers as soon as possible;
Identify him/herself as a Child Protective Service Social Worker from the WV
Department of Health and Human Resources. Display state employee identification
to all family members and any other individuals to be interviewed;
Inform the caregivers, with a brief description, of the child abuse or neglect allegations,
the reason for the contact and the process for completing the Family Functioning
Assessment. If permission to conduct interviews with the child is denied, then the
worker will explain to the family that s/he must discuss this situation with the CPS
supervisor. Once the supervisor has reviewed the situation, the supervisor or worker
must contact the prosecuting attorney or regional attorney for consultation on how to
gain access so that the child/family may be interviewed;
The CPS Social Worker must notify parents of the intent to interview a child, unless
notification could compromise the child's safety. Initial contact can occur at school
where children attend if child safety may be compromised based on the allegations.
When it is necessary to interview/observe the children prior to notifying the
parents/primary caregivers, the parents and primary caregivers must be immediately
contacted to inform them about the report and then interviewed as soon as possible
thereafter. The CPS Social Worker must provide the parents and/or
caregivers with a full explanation about the decision to contact the children prior to
their being contacted;
Provide the caregivers with the booklet, A Parent’s Guide to Working with Child
Protective Services. The CPS Social Worker will place his/her name and contact
information in the appropriate place in the booklet. Briefly explain the content with
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emphasis on the parent’s rights during the CPS Process. The worker will assure the
parents that s/he can help answer any questions they have during the assessment
process;
Ask the child’s parents if they are represented by legal counsel. If the parents are
represented by legal counsel, then the worker should not continue the interview
without first obtaining the permission of counsel to do so as required by the Gibson
Decree. If permission to conduct the interview is denied, then the worker will discuss
this situation with their supervisor. Once the supervisor has reviewed this situation,
the supervisor or the worker must contact the prosecuting attorney or regional attorney
for consultation on how to gain access so that the child/family may be interviewed;
If possible, the interviews should occur sequentially on the same day in the following
order:
1. identified child
2. siblings
3. non-maltreating parent
4. maltreating parent
5. other adults in the home
If multiple families reside in a household and maltreatment is suspected in the home,
then two referrals should be entered and both families assessed;
For example: Family A has two (2) children ages six (6) years old and eight years
old with grandmother and grandfather residing in the home. Family B has three
(3) children ages six (6) months old, two (2) years old and six (6) years old.
Grandmother and Grandfather are the same as family A. Two (2) separate
referrals should be entered and both families assessed, and the grandmother and
grandfather’s information should be included in both assessments.
Assess for Present Dangers and implement a protection plan if necessary;
Consult with the CPS Social Worker Supervisor within twenty-four (24) hours of
contact with the identified child unless a present danger is identified. See policy
section 4.7 Present Danger Assessment for more information.
4.5 Notification of Parent’s and Children’s Rights
Child Protective Services (CPS) has always had legal and moral duties to notify clients of
the allegations against them and their legal rights during CPS proceedings. However,
there is now greater consensus among law makers and social workers as well as
community stake holders that clients have an inalienable right to be as educated and
involved as possible in the decisions being made about their families. An amendment to
the Child Abuse Prevention and Treatment Act (CAPTA) entitled Keeping Children and
Families Safe Act of 2003 placed into effect higher standards of notification.
Studies show that the more knowledgeable and invested families are, the better they do
during CPS intervention. The worker is entrusted with the responsibility to share
information with the family during key points throughout the intervention process, not just
those concerning the Family Functioning Assessment. It is also important to keep in mind
that the way in which information is disclosed is important. The CPS Worker must balance
the right of notification with concern for not compromising any criminal proceedings that
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may be initiated as a result of the maltreatment. Some of the rights shared by our clients
about whom we must inform them include:
The right to be free from warrantless search and seizure.
The right to be free from intrusion into one’s home except upon lawful consent.
The right to have information collected and maintained in the course of an
investigation and delivery of services held in confidence in accordance with WV
Code 49-5-501(a).
The right to be allowed access to one’s personal file in accordance with WV Code
49-5-501(b).
The right to appeal the exclusion or inclusion of a parent or child from any service
program and the right to request a grievance hearing with regard to either the
manner in which the parents and the child are treated by agency personnel or any
other concern related to the service programs of the agency.
The right to refuse child protective services as well as the right to be advised of the
consequences when individuals refuse said services.
The right to be free from discrimination for reasons of age, race, color, sex, mental
or physical disability, religious creed, national origin or political belief.
The right to auxiliary aids to individuals with disabilities, at no additional cost, where
necessary to ensure effective communication with individuals with hearing, vision
or speech impairments.
The right to be informed of complaints or allegations made against an individual in
a manner that is consistent with law protecting the rights of the reporter.
The right to be informed of the findings of child abuse and neglect investigations
and how the findings will affect the family, as well as the individual.
The right to be made aware of all actions taken in regard to the family throughout
the life of the case and the reasons for such action.
4.6 Information Collection
The CPS Social Worker must apply a child centered and family focused approach when
collecting information during the Family Functioning Assessment. This approach seeks
to support and involve children, caregivers/parents, and other individuals in CPS
intervention. The CPS Social Worker must make every effort to constructively engage
children, caregivers, and other persons involved with and knowledgeable of the
circumstances surrounding the information within the CPS Intake Assessment as well as
additional information that may be learned during the Family Functioning Assessment.
Detailed information must be collected through interviews, observations, and written
materials provided by knowledgeable individuals. The CPS Social Worker must conduct
sufficient numbers of interviews of sufficient length and effort necessary to assure that
due diligence is demonstrated, and sufficient information is collected to assess threats of
serious harm and determine if the children are abused or neglected.
The CPS Social Worker must conduct interviews with all parents and caregivers, children
and other adults residing in the home, persons allegedly responsible for
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abuse/neglect/threats of serious harm, and collaterals. To assure that a family centered
approach is taken, the following should occur when interviewing parents/caregivers,
children and collaterals:
1. Children in The Home
Individual, in-person, private interviews must be conducted with all children in the
home within the response time designated at intake.
Non-verbal children must be observed.
The number and identity of all children residing in the home must be verified and
documented. The verification source may include, but is not limited to, relatives,
neighbors, friends or DHHR records. If verification cannot be obtained and all
efforts have been exhausted, the CPS Social Worker must document efforts made,
sources contacted, and information reviewed.
When it is necessary to interview/observe the children prior to notifying the parents
and primary caregivers of the intent to interview the children, the parents and
primary caregivers must be immediately contacted to inform them about the report
and then interviewed as soon as possible thereafter. The CPS Social Worker must
provide the parents and primary caregivers with a full explanation about the
decision to contact the children prior to their being contacted.
Other children in the home who were not identified in the intake report must be
interviewed in order to gather sufficient information to provide an understanding of
whether they are also experiencing abuse/neglect or are at threat of serious harm
and to determine if they have information related to what is alleged in the report.
2. Parents/Caregivers
Seek the parents’ and caregivers’ assistance with completing the Family
Functioning Assessment. The parents’ and caregivers should be interviewed
separately with the non-maltreating parent being interviewed first. The CPS Social
Worker must also encourage and support parents/caregivers to ask questions and
express their concerns about the Family Functioning Assessment process and
continued involvement with CPS.
Interviews must focus on obtaining behaviorally specific, detailed information
related to the alleged abuse/neglect/threats of serious harm and exploring family
conditions and circumstances relevant to the allegations and Family Functioning
Assessment Areas.
The CPS Social Worker must be alert to evidence of other safety threats or present
dangers that were unreported or unidentified during the intake assessment.
If necessary, the CPS Social Worker must gather specific information concerning
parents not subject to the Family Functioning Assessment in order to notify the
parent if their child has been abused, neglected, unsafe and to make reasonable
efforts to prevent removal.
The CPS Social Worker must provide information about the Family Functioning
Assessment status and progress with the parents/caregivers as the Family
Functioning Assessment continues including:
Concerns about child safety;
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Status and oversight of the protective plan (if one is in place) including
parents/caregivers continuing attitudes, willfulness and concerns;
General observations and impressions emerging from the Family
Functioning Assessment process; and
Specifics about any court activity, evaluation appointments; service
provision issues that are a part of the Family Functioning Assessment
process.
3. Other Adults in the Home
Individual, in-person, private interviews must be conducted with all other
adults in the home.
The purposes of these interviews are to corroborate information
provided by individuals previously interviewed; to obtain additional
information regarding the alleged abuse/neglect/threat of serious harm;
to assess their involvement in or association with threats of serious
harm; and/or to assess them as a resource to provide protection to
children who are at threat of serious harm.
4. Collaterals
Collaterals are any third party (e.g., friends, neighbors, relatives or
professionals) with information about the alleged abuse/neglect and risk
of serious harm to the children.
Collaterals are contacted to corroborate information provided by
individuals previously interviewed; to obtain additional information about
the family; and to assess as protective resources.
The CPS Social Worker must interview as many collaterals as needed
to reach conclusions regarding the alleged abuse/neglect and threat of
serious harm. All individuals known to have first-hand knowledge of the
allegations must be contacted. Interviews must be conducted
individually and privately, by telephone or in-person. Collaterals can be
interviewed at any point during the Family Functioning Assessment.
When interviewing collaterals stress the confidential nature of the Family
Functioning Assessment.
4.6.1 Family Functioning Assessment Areas
The CPS Social Worker must make diligent efforts to gather behaviorally specific, detailed
information related to each Family Functioning Assessment Area listed below. The
Family Functioning Assessment Areas are specifically related to child safety and the
information must be used to support and justify Family Functioning Assessment decision
making.
The Family Functioning Assessment Areas are:
1. Maltreatment: The types of maltreatment apparent; this includes all types of
maltreatment, physical injury or mental or emotional injury, sexual abuse, or sexual
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exploitation, sale or attempted sale, domestic violence, excessive corporal
punishment, failure or inability to supply necessary food, clothing, shelter, supervision
and education. A specific description of the maltreatment – type of injury or threats
that occurred and to whom. The severity of the abuse or neglect, including the
frequency and chronicity. Detailed description of the incident(s) – when (i.e., date,
time), where (i.e., location), how it occurred, and whether any instruments (animate or
inanimate) were used to threaten the child or inflict the injury; who was present; who
was responsible for the abuse/neglect.
2. Nature: The Nature (surrounding circumstances) which accompany the maltreatment;
this should always include the parents’ explanation of the circumstances related to the
alleged maltreatment.
3. Child Functioning: Information is collected on all children in the home regarding how
they function daily, including pervasive behaviors, feelings, intellect, physical capacity
and temperament. This must include consideration of capacity for attachment, general
temperament, expressions of emotions/feeling, typical behaviors, presence and level
of peer relationships, school performance and behaviors, known mental disorders
(organic/inorganic), issues of independence/dependence, motor skills and physical
capacity. The effects of any maltreatment should be documented in the Child General
Functioning element. This element will be completed on all children residing in the
home.
4. General Parenting: The overall, typical, pervasive parenting practices used by the
parent(s); this must include consideration of perception of children, reasons for being
a parent, nurturing, understanding of child’s needs and capabilities, expectations of
child, satisfaction with parenting role, feelings about being a parent, knowledge and
general skill, basic care, decision making about parenting, parenting style, history of
parental behavior and success, sensitivity and understanding toward children,
empathy and expectations.
5. Parenting Discipline: The disciplinary approaches used by the parent(s), including the
typical context; this must include consideration of when, how, where and for what
reasons/purpose discipline might occur.
6. Adult Functioning: Adult functioning in respect to daily life management and
adaptation; this must include consideration of communication, coping, stress
management, impulse control, problem solving, judgment, decision making,
independence, money and home management, employment, social relationships,
citizenship and community involvement, self-esteem, life management, control of
emotions, use of drugs or alcohol, mental health functioning, use of violence to meet
needs, self-concept, etc., will be documented in the Adult Functioning element. This
element should be completed on each adult in the home.
4.7 Present Danger Assessment
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At the initial contact with the family or at any time during CPS involvement with families
when new information is learned, when there is a reported crisis or new report, CPS will
begin focusing on whether there are present danger threats to a vulnerable child’s safety.
Present Dangers can be identified at any time during the Family Functioning Assessment
or On-Going CPS and if identified, a protection plan must be implemented prior to leaving
the family or situation.
Present Dangers are immediate, significant and clearly observable family condition (or
threat to child safety) that is actively occurring or "in process" of occurring and will likely
result in severe (serious) harm to a child. Present Dangers can be divided into four
categories, and they include Maltreatment, Child, Parent and Family. They are
described in detail below:
Maltreatment
Maltreating Now
Refers to caregivers who are maltreating their children at the point of contact during
the assessment process. Maltreatment will typically be physical, verbal or sexual in
nature. This does not include indications of chronic neglect that are reported as being
ongoing but may not necessarily meet the criteria for present danger.
Multiple Injuries
Refers to different types of injuries that are non-accidental and have resulted from
child maltreatment. For example, a child who has a burn on his hand and his arm also
has significant bruising, and information indicates that the injuries occurred as a result
of maltreatment by a caregiver.
Face/Head
Refers to any injury to the face or head including bruises, cuts, abrasions, swelling,
etc. identified in a report and/or verified at any point of contact during the assessment
process. There must be a determination that the injuries occurred because of child
maltreatment by a caregiver. Injuries to the face and head which may have occurred
last week, or month are not Present Danger.
Serious Injury
Refers to injuries that are consistent with bone breaks, deep lacerations, burns,
malnutrition, etc. because of caregiver maltreatment (action or inaction). This relates
to serious injuries that are identified in a report and/or evident at the point of contact
during the assessment or medically diagnosed concurrent with the report.
Several Victims
Refers to the identification of more than one child who currently is being maltreated
by the same caregiver. It’s important to keep in mind that several children who are
being chronically neglected do not meet the standard of Present Danger in this
definition.
Premeditated
Refers to child maltreatment by a caregiver that indicates that the abuse was
deliberate, a preconceived plan or intentional. This may include information that
indicates that the caregiver’s motive was to inflict harm on the child.
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Life Threatening Living Arrangements
Refers to specific information which indicates that a child’s living situation is an
immediate threat to his/her safety. This includes serious health and safety
circumstances such as unsafe buildings, serious fire hazards, accessible weapons,
unsafe heating or wiring, guns/knives available and accessible etc.
Unexplained Injuries
Refers to non-accidental injuries to a child which parents or other caregivers cannot
or will not explain.
Bizarre Cruelty
Refers to maltreatment that is exaggerated and seriously detrimental to a child’s
emotional and physical state. This includes such things as locking children up to keep
them in an “imprisoned state,” chaining up children, forcing children to eat off the floor,
extreme physically demanding punishment, serious emotional abuse. This qualifies
the nature of identified maltreatment and requires interpretation to determine that
abuse meets the definition of present danger.
Child
Parent’s Viewpoint of Child Is Bizarre
Refers to an extremely negative viewpoint of a child that is identified in the report
and/or clearly expressed by a caregiver at any point during the assessment process.
This is not just a general negative attitude toward the child. The caregiver’s perception
or viewpoint toward a child is so skewed and distorted that it poses an immediate
danger to that child. It is consistent with the level of seeing the child as demon
possessed.
Child Is Unsupervised or Alone for Extended Periods
Refers to vulnerable children (more likely to be a younger child) who are unsupervised
and without care right now concurrent with the report and/or at any point of contact
during the assessment process. The time of day, of course, is as important as is the
length of time the child has been unsupervised. To qualify as a present danger, there
must be information that indicates that a child is alone now and there is no responsible
caregiver providing supervision. If the child was unsupervised the previous night but
is not alone now, it is not a present danger threat of harm.
Child Needs Medical Attention
Refers to emergency medical care that is needed immediately for a child of any age.
To be a present danger threat of harm, the medical care required must be significant
enough that its absence could seriously affect the child’s health and safety. In other
words, if children are not being given routine medical care, it would not constitute a
present danger threat. It should have an emergent quality.
Child Is Fearful or Anxious
Refers to children who are obviously afraid. The child’s fear tends to be extreme,
specific and presently active. The fear is directed at people and/or circumstances
associated with the home situation, and it is reasonable to conclude there is a personal
threat to the child’s safety if the condition is currently active. Information would likely
describe actual communication or emotional/physical manifestation from the child’s
knowledge or perception of their situation.
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Caregiver
Caregiver Is Intoxicated (alcohol or other drugs)
Refers to a caregiver who is currently drunk or high on illegal drugs and unable to
provide basic care and supervision to a child right now. In order to qualify as present
danger, it must be evident that a caregiver who is primarily responsible for child care
is unable to provide care for his/her child right now due to his/her level of intoxication.
The state of the parent/caregiver’s condition is more important than the use of a
substance (drinking compared to being drunk; uses drugs as compared to being
incapacitated by the drugs); and if accurate affects the child’s safety.
Caregiver Is Out of Control
Refers to individuals in the caregiver role who are currently acting incapacitated,
bizarre, aggressive/extremely agitated, emotionally immobilized, suicidal or
dangerous to themselves or others at the time of the report or at any point of contact
during the assessment process. To qualify as present danger, it must be determined
that due to a caregiver’s state of mind, uncontrolled behavior and/or emotions, he/she
is unable to provide basic care and supervision to his/her child right now.
Caregiver Described as Dangerous
Refers to caregivers described as physically or verbally imposing and threatening,
brandishing weapons, known to be dangerous and aggressive, currently behaving in
an attacking or aggressive manner, etc.
Parent/Caregiver Is Not Performing Parental Responsibilities
Refers to caregivers who currently are not providing basic care to their children right
now. To qualify as present danger, there must be information in the report or any point
of contact during the assessment process that indicates that caregivers are not
providing child care necessary and the absence of care poses an immediate threat to
child safety. This is not associated with whether the parent/caregiver is generally
effective or appropriate. It is focused on whether their inability to provide child care
right now leaves the child in a threatened state at the time of the report or at the point
of contact.
Caregiver Overtly Rejects Intervention
Refers to situations where a caregiver refuses to see or speak with CPS staff and/or
to let CPS staff see the child; is openly hostile (not just angry about CPS presence) or
physically aggressive towards CPS staff; refuses access to the home, hides child or
refuses access to child.
Family
Spouse Abuse Present
Refers to family situations in which the alleged child maltreatment is accompanied by
spouse abuse. To qualify as present danger, there must be an indication that the
family violence associated with the allegations of maltreatment continues to be in
process of occurring. This requires a judgment as to whether the family violence is
actively threatening to family members right now concurrent with the report or at any
point of contact during the assessment process. It is important to also consider if the
child and spouse are being abused at the same time as a result of how the violence
is occurring.
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Family Will Flee
Refers to situations where there are other possible threats to child safety and there is
an indication that the family may flee CPS intervention. This qualifies as a Present
Danger if alleged child maltreatment and possible threats to child safety are coupled
with concerns about not having access to the children. This includes transient families
or families where homes are not established as examples.
4.8 Temporary Protection Plans
With the identification of Present Danger, it is the CPS Social Worker’s responsibility to
assure that children are safe while the Family Functioning Assessment continues by
establishing a protection plan. Temporary Protection Plans are a specific and concrete
strategy implemented the same day a Present Danger is identified, if possible before
leaving the family or situation.
A Temporary Protection Plan must meet the demand for immediate action to control
Present Danger while more information about the family is being gathered. When
developing a Temporary Protection Plan with the parents/caregivers, the following
decisions and supporting rationale are important in the process and must be documented
in FACTS.
1. What are the options for the Temporary Protection Plan?
2. What is the parent’s/caregivers’ willingness to agree to a Temporary Protection
Plan?
3. Are there adults who are suitable and willing to provide protection?
4. What contacts and arrangements need to be made with members of the family’s
support system or others to take responsibility to protect the child?
5. Are roles and responsibilities clear and well defined for the parents/caregivers and
others included in the Temporary Protection Plan?
6. Is the worker able to confirm and implement each step/aspect of the plan to keep
the child safe?
7. Are the logistics of the Temporary Protection Plan accounted for (e.g. times,
transportation, etc.)?
In some situations, Temporary Protection Plans may be implemented when a Present
Danger has not been identified. All protection planning standards and requirements must
be adhered to anytime a protection plan is implemented. Temporary Protection Plans
may be implemented in the following situations:
1. To complete interviews to confirm Impending Danger;
2. To complete documentation and decision-making justification when Impending
Danger has been identified; or
3. To complete rigorous safety analysis and planning when Impending Danger has
been identified.
When creating a Temporary Protection Plan, the worker must:
1. Inform the caregivers why a Temporary Protection Plan is necessary;
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2. Consult with supervisor, insofar as possible, to determine the best course of action.
3. Identify with the caregivers what Temporary Protection Plan options are available
and acceptable to ensure child safety;
4. Attempt to use resources within the family network to form the Temporary Protection
Plan;
5. Confirm that there is agreement by caregivers and safety resources;
6. Verify that the safety resources are responsible, available, capable, trustworthy and
able to sufficiently protect;
7. Put the Temporary Protection Plan in place prior to leaving the family or situation;
8. Consult with the supervisor, preferably before leaving the family but at a maximum
within twenty-four (24) hours of the implementation of the Temporary Protection Plan;
9. Attempt to gain legal custody as the Temporary Protection Plan when present danger
exists; and there are no family network resources available; and/or parents/primary
caregivers are unwilling to permit the CPS Social Worker to deploy a Temporary
Protection Plan. If the Temporary Protection Plan includes legal custody, supervisor
consultation should occur prior to court intervention if possible as required by the
Gibson Decree. (see the Gibson vs. Ginsberg Decree and Policy Section 4.18
Statutory Remedies for Protecting Children for more information);
10.Complete the Family Functioning Assessment within seven (7) days. In limited
circumstances, the Temporary Protection Plan can be reauthorized. A reauthorization
can be granted to collect more information to correctly determine if a child is in
impending danger and the appropriate safety plan be implemented. The reason for
the reauthorization must be clearly outlined in the case record and be approved by the
CPS Supervisor. Consultation with a Child Welfare Consultant or Regional Program
Manager must occur prior to the approval to determine if the reauthorization is
appropriate and to assist the supervisor and worker in clearly identifying the additional
information required to make the necessary decisions;
11.Document all information, supervisory consultation and approval and action taken on
the appropriate family functioning assessment screens within FACTS.
The supervisor will:
1. Be available or arrange for availability of supervisory consultation for emergency
situations;
2. Review all information available relevant to the Imminent Danger of the child;
3. Approve legal action to protect the child, if indicated and no other alternatives are
appropriate or available;
4. Document supervisory consultation and approvals on the appropriate screens within
FACTS.
The Temporary Protection Plan options include but are not limited to:
1. A maltreating or threatening person voluntarily agrees to leave and remain away
from the home and child until the Family Functioning Assessment is completed.
2. A responsible, suitable person agrees to reside in the household and supervise
the child always or as needed to assure protection until the Family Functioning
Assessment is complete. If this is part of the protection plan, visit the residence
and complete a Safety Check.
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3. The child is cared for part or all of the time outside the child’s home by a friend,
neighbor, or relative until the Family Functioning Assessment is complete
(maximum of seven (7) days.)
4. The child is legally placed in out-of-home care pending the completion of the
Family Functioning Assessment.
A Temporary Protection Plan contains specific information that must be documented and
clearly defined in the case record. This includes a description of the:
1. Identified Present Danger including the circumstances in which the assessment of
Present Danger occurred;
2. Parent/caregivers’ attitudes and intent to support the Temporary Protection Plan;
3. Name(s) of the responsible/protective adult(s) related to the Temporary Protection
Plan and an explanation of the person(s) relationship to family;
4. Suitability of individuals that will assure protection (e.g. trustworthiness, reliability,
commitment, availability);
5. Details of the Temporary Protection Plan (e.g., how it will work, specific provisions,
time frames, activities, child location, caregiver access.), the plan to communicate
with the family and safety resources, and how the CPS Social Worker will
oversee/manage the protection plan;
6. Arrangements for visitation and contact with children must be described when the
Temporary Protection Plan involves parent/caregiver – child separation.
The CPS Social Worker must oversee the Temporary Protection Plan as the Family
Functioning Assessment continues by seeing children and by having personal contact
with those responsible for carrying out the Temporary Protection Plan. The purposes of
oversight are to assure that the Temporary Protection Plan is occurring as agreed to; that
those responsible for the Temporary Protection Plan are carrying out their responsibilities;
that access and contact between parents/caregivers and children are occurring as
planned; that those responsible for the Temporary Protection Plan continue to be
committed to their agreements.
4.9 Safety Evaluation
When sufficient information is collected concerning the family, the worker must complete
the safety evaluation as soon as possible. It is inappropriate to have collected sufficient
information about the family and not immediately complete the safety evaluation to
determine if a child is in need of protection and if so, deploy the appropriate Safety Plan.
No obligation of Child Protective Services supersedes this requirement. The Safety
Evaluation examines the information collected in the Family Functioning Assessment
areas to determine if the child is living in impending danger.
Impending Danger threats are family behaviors, attitudes, motives, emotions and/or
situations that pose a threat to child safety. The definition for Impending Danger indicates
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that negative family conditions that are out of control and likely to result in severe harm
to a child, are specific and observable, and the threat to child safety can be clearly
understood and described.
Impending Danger is often not immediately apparent and may not be active or “in process”
and threatening child safety upon initial contact with a family. Impending Danger is often
subtle and can be more challenging to detect without sufficient assessment and
evaluation. Identifying Impending Danger requires thorough information collection
regarding family/ caregiver functioning to sufficiently assess and understand how family
conditions occur.
Impending Danger and the Danger Threshold Criteria
The Danger Threshold Criteria must be applied when considering and identifying any of
the Impending Danger threats. In other words, the specific justification for identifying any
Impending Danger threat is based on a specific description of how negative family
conditions meet the Danger Threshold Criteria.
The Danger Threshold is the point at which a negative condition goes beyond being
concerning and becomes dangerous to a child’s safety. Negative family conditions that
rise to the level of the Danger Threshold and become Impending Danger Threats, are in
essence negative circumstances and/or caregiver behaviors, emotions, etc. that
negatively impact caregiver performance at a heightened degree and occur at a greater
level of intensity.
Danger Threshold Criteria and Definitions
Observable refers to family behaviors, conditions or situations representing a
danger to a child that are specific, definite, real, can be seen and understood
and are subject to being reported and justified. The criterion “observable” does
not include suspicion, intuitive feelings, difficulties in worker-family interaction,
lack of cooperation, or difficulties in obtaining information.
Vulnerable Child refers to a child who is dependent on others for protection
and is exposed to circumstances that she or he is powerless to manage, and
susceptible, accessible, and available to a threatening person and/or person in
authority over them. Vulnerability is judged according to age; physical and
emotional development; ability to communicate needs; mobility; size and
dependence and susceptibility. This definition also includes all young children
from 0 – 5 and older children who, for whatever reason, are not able to protect
themselves or seek help from protective others.
Out-of-Control refers to family behavior, conditions or situations which are
unrestrained resulting in an unpredictable and possibly chaotic family
environment not subject to the influence, manipulation, or ability within the
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family’s control. Such out-of-control family conditions pose a danger and are
not being managed by anybody or anything internal to the family system.
Imminent refers to the belief that dangerous family behaviors, conditions, or
situations will remain active or become active within the next several days to a
couple of weeks. This is consistent with a degree of certainty or inevitability
that danger and severe harm are possible, even likely outcomes, without
intervention.
Severity refers to the physical, emotional or mental injury that has already
occurred and/or the potential for harsh effects based on the vulnerability of a
child and the family behavior, condition or situation that is out of control. As far
as danger is concerned, the safety threshold is consistent with severe harm.
Severe harm includes such effects as serious physical injury, disability, terror
and extreme fear, impairment and death. The safety threshold is in line with
family conditions that reasonably could result in harsh and unacceptable pain
and suffering for a vulnerable child.
Standardized Impending Danger Threats
There are eleven (11) standardized Impending Danger Threats that are used to assess
child safety. The identification of any one of the eleven (11) Impending Danger Threats
means that a child is in a state of danger. If an Impending Danger Threat has been
identified the child is unsafe. The following list of Impending Danger Threats may be
associated with a child being in danger of severe harm. When assessing children’s
safety, consider the effects that any adults or members of the household who have access
to the children could have on their safety.
1. Living arrangements seriously endanger a child’s physical health.
Based on the child’s age and developmental status, this threat refers to conditions in the
home which are immediately life-threatening or seriously endangering a child’s physical
health (e.g., people discharging firearms without regard to who might be harmed; the lack
of hygiene is so dramatic as to cause or potentially cause serious illness). To identify this
Impending Danger threat there must be specific information that justifies and describes
how living arrangements/ conditions of a home threaten child safety.
Examples may include but are not limited to:
Housing is unsanitary, filthy, infested, a health hazard.
Fecal contamination.
No or ineffective waste disposal and containment.
Dangerous cooking practices, food storage, food preparation and food management.
The house’s physical structure is decaying, falling down.
Wiring and plumbing in the house are substandard, exposed.
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Furnishings or appliances are hazardous.
Heating, fireplaces, stoves, are hazardous and accessible.
Accessible alcohol, drugs, weapons, matches / lighters.
There are natural or man-made hazards located close to the home.
The home has easy access to dangerous balconies and upper floor windows.
Dangerous people or activity within the home.
Drug production; drug sales or trafficking.
Gang activity.
2. Family does not have resources to meet basic needs.
“Basic needs” means shelter, food, and clothing. This includes both the lack of such
resources and the lack of capacity to use such resources if they were available. To
identify this Impending Danger threat there must be specific information to suggest that a
family is consistently unable to meet basic needs daily. The inability for a family to meet
basic needs may be situational but is often more likely to be a longstanding pattern and
problem. The inability of a family to meet basic needs may often be associated with a
caregiver’s inability to be proactive in planning; resourceful; and/or demonstrate follow
through.
Examples of this Impending Danger threat may include but are not limited to:
Family has no money for safety-related necessities and resources because caregivers
do not pursue and maintain gainful employment or caregivers do not seek out and/or
use available basic services such as food stamps, housing, food or clothing banks,
etc.
Caregiver is unable to sufficiently manage the household; pattern of poor decision-
making; lack of forethought; lack of planning.
Family does not have access or the ability to obtain food, clothing, or shelter.
Family finances are insufficient to support essential needs at the basic care level.
Family does not have resources for serious medical care and the medical condition is
such that if left unmet will likely result in a child being in danger.
Caregiver lacks life management skills to acquire and properly use resources when
they are available, which impacts child safety.
Family is routinely using their resources for things (e.g. recreational drugs) other than
for basic care and support thereby leaving children without their basic needs being
adequately met.
Child's basic needs exceed normal expectations because of unusual conditions (e.g.
disability) and the family is unable to adequately address the needs.
Caregiver’s functioning and decision making are such that a child’s basic safety needs
are not met; resources are not available and/or are not being used appropriately.
Caregiver limitations results in the inability to gain, sustain and use resources to
assure a child’s safety.
3. One or both caregivers intend(ed) to hurt the child.
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“Intended” suggests that before or during the time the child was harmed, the caregivers’
conscious purpose was to hurt the child. This should be distinguished from an instance
in which the caregiver meant to discipline or punish the child and the child was
inadvertently hurt.
To identify this Impending Danger threat there must be specific information to suggest
that a caregiver intentionally maltreated a child to inflict physical harm. The maltreatment
may be chronic in nature or an isolated occurrence if there is a clear indication that the
intent was to inflict harm. Regardless of the nature of the maltreatment or the harm
caused, any information that suggests that a caregiver actually intended to inflict harm on
a child is the essence of what is dangerous and a threat to child safety.
Examples of this Impending Danger threat may include but are not limited to:
The incident was planned or had an element of premeditation and there is no remorse.
The nature of the incident or use of an instrument can be reasonably assumed to
heighten the level or pain or injury (e.g. cigarette burns, submersion in scalding water)
and there is no remorse.
Caregiver’s motivation to teach or discipline seems secondary to inflicting pain or
injury.
Caregiver can reasonably be assumed to have had some awareness of what the result
would be prior to the incident and there is no remorse.
Caregiver's actions were not impulsive, there was sufficient time and deliberation to
assure that the actions hurt the child, and there was no remorse.
Caregiver does not acknowledge any guilt or wrongdoing and there was intent to hurt
the child.
Caregiver intended to hurt the child and shows no empathy for the pain or trauma the
child has experienced.
Caregiver may feel justified, may express that the child deserved the mistreatment,
and they intended to hurt the child.
Caregiver behaved in ways to bring about serious illness or medical conditions to gain
attention (i.e. Munchausen Syndrome).
Caregiver kept the child tied up or in some other way restricted (e.g. locked in a
basement or dark room) that terrorized the child.
Caregiver employed situations, communication, interaction and/or threatening
behavior to terrorize the child.
Caregiver force-fed the child or starved the child.
4. Child is perceived in extremely negative terms by one or both caregivers.
This refers to a perception of the child that is totally unreasonable. It is out of control
because the view of the child is extreme and out of touch with reality. In order for this
condition to apply, the negative perceptions must be active, and the perceptions must be
inaccurate. To identify this Impending Danger threat there must be specific information
to suggest that a caregiver’s negative perception of his or her child is longstanding;
consistent and pervasive. The negative perception toward the child is apparently
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negative to a heightened degree that there are implications that the child is likely to be
severely harmed.
Examples may include but are not limited to:
Child is perceived to be the devil, demon-possessed, evil, or deformed, ugly, deficient,
or embarrassing; caregiver views the child as undesirable or the child is unwanted.
Child has taken on the same identity as someone the caregiver hates and is fearful of
or hostile towards; the caregiver transfers feelings and perceptions of the person to
the child.
Caregiver is completely intolerant of the child; caregiver cannot stand to be around
the child and isolates the child.
Caregiver has completely unrealistic expectations of the child; has expectations for
the child that are impossible or improbable to meet.
Caregiver views the child as responsible and accountable for the caregiver’s
problems; blames the child for losses and difficulties that they experience (job,
relationships, and conflicts with CPS / police).
Child is punishing or torturing the caregiver.
Caregiver views the child as an undesirable extension; exhibits extreme jealousy
toward the child; views child as a detriment.
5. The Caregiver is unwilling or unable to perform parental duties and
responsibilities, which could result in serious harm to the child.
This Impending Danger threat refers only to adults (not children) in the home who are or
can assume a caregiver role. Caregivers who are consistently and/or routinely unwilling
and unable to perform basic duties and responsibilities related to the provision of food,
clothing, shelter, and supervision would fit this impending danger threat. This impending
danger threat should be considered at a basic needs level. It is the absence of providing
basic provisions that is dangerous and directly affects child safety. To identify this
Impending Danger threat there must be specific information to suggest that caregiver(s)
are not providing adequate and appropriate basic care for the child including supervision.
Examples may include but are not limited to:
Caregiver cannot or will not provide adequate food, clothing and / or shelter.
Caregiver does not provide adequate supervision; leaves the child for prolonged
periods of time.
Caregiver often does not know where the child is at; frequently allows a child to
wander out of the home or does not monitor the child’s location.
Caregiver allows child to play with dangerous objects or to be exposed to serious
hazards and is unmanaged.
Caregiver’s physical or mental disability / incapacitation renders them unable to
provide basic care for the child.
Vulnerable children who often must fend for him/herself; child is primarily
responsible for taking care of the caregiver.
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Unable to locate caregiver (s); caregiver incarcerated, abandonment, etc.
Caregiver has a frequent pattern of making inadequate or inappropriate childcare
/ supervision arrangements.
Caregiver allows other adults to improperly influence (drugs, alcohol, abusive
behavior) the child and the caregiver is present or approves.
6. One or both caregivers fear they will maltreat their child and/or are requesting
placement.
This Impending Danger threat refers to caregivers who are expressing a specific concern
that they will hurt their children. It is the expression of a specific concern about maltreating
the child that is a threat to safety. This threat refers to caregivers who express anxiety
and dread about their ability to control their emotions and reactions toward their child.
This expression represents a “call for help.” To identify this Impending Danger threat
there must be specific information communicated from a caregiver that indicates that they
are on the verge of losing control with the child; that he or she feels that they are at a
breaking point and are concerned about hurting the child; and/or they do not want the
child to be around them.
Examples of this Impending Danger threat may include but are not limited to:
Caregiver states they will maltreat; may even use specific threatening terms,
identifying how they will harm the child or what sort of harm they intend to inflict.
Caregiver threats are plausible, believable.
Caregiver describes specific conditions and situations that stimulate them to think
about maltreating the child.
Caregiver is preoccupied with thoughts of maltreating and harming the child.
Caregiver that is seriously worried and fearful that he or she will lash out at the child.
Caregiver identifies specific things that the child does that aggravate or annoy them
in ways that makes them want to attack the child.
Caregiver describes disciplinary incidents that have become out-of-control and they
are continuing to feel overwhelmed and they are concerned they will become
aggressive with the child.
Caregiver is distressed or "at the end of their rope" and are asking for relief in either
specific ("take the child") or general ("please help me before something awful
happens") terms.
One caregiver is expressing concerns about what the other caregiver is capable of or
may be doing.
7. One or both caregivers lack parenting knowledge, skills, or motivation which
affects child safety.
The judgment is based on caregivers: 1) lacking the basic knowledge or skills which
prevent them from meeting the child’s basic needs, or 2) lacking motivation resulting in
abdicating their role to meet basic needs, or 3) failing to adequately perform the caregiver
role to meet the child’s basic needs.
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To identify this Impending Danger threat there must be specific information that describes
what essential knowledge, skill or ability a caregiver lacks that affects the provision of
basic needs and protection, and/or a specific justification for how a caregiver lack of
motivation to care for the child or unwillingness to perform in the caregiver role threatens
child safety. It is the inability and/or unwillingness of a caregiver to meet basic needs that
poses a danger to child safety.
Examples of this Impending Danger threat may include but are not limited to:
Caregiver’s intellectual capacities affect judgment and/or knowledge in ways that
prevent the provision of adequate basic care.
Young or intellectually limited caregivers who have little or no knowledge of a child’s
needs and capacity.
Caregiver’s expectations of the child far exceed the child’s capacity thereby placing
the child in unsafe situations.
Caregiver does not know what basic care is or how to provide it (e.g. how to feed or
diaper; how to protect or supervise according to the child’s age).
Caregivers’ parenting skills are exceeded by a child’s special needs and demands in
ways that affect safety.
Caregiver’s knowledge and skills are adequate for some children’s ages and
development, but not for others (e.g. able to care for an infant, but unable to meet the
needs of a toddler).
Caregiver does not want to be a parent and does not perform the role, particularly in
terms of basic needs.
Caregiver avoids parenting and basic care responsibilities.
Caregiver allows others to parent or provide care to the child without concern for the
other person’s ability or capacity (whether known or unknown).
Caregiver does not know or does not apply basic safety measures (e.g. keeping
medications, sharp objects, or household cleaners out of reach of small children).
Caregiver places their own needs above the children’s needs thereby affecting the
children’s safety.
Caregivers do not believe the children’s disclosure of abuse/neglect even when there
is a preponderance of evidence and this affects the children’s safety.
Caregiver’s knowledge, skill or motivation is not sufficient to assess, address and
manage threats that might exist within the child’s environment in the home or outside
the home.
Caregiver is not attached or bonded with the child and does not hold deep feelings for
the child; is not involved with the child.
Caregiver does not view him or herself as being primarily responsible for making sure
that the child is protected and cared for; does not identify with the child; is not
interested in caring for or protecting the child.
The caregiver is developmentally unprepared to be a parent.
8. The Caregiver’s drug and / or alcohol use is pervasive and threatens child
safety.
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This threat directly relates to parental substance use, misuse and / or abuse that
significantly impacts family functioning and caregiver performance. To identify this
Impending Danger threat there must be specific information to suggest that caregiver(s)’
substance use is a consuming aspect of their life style. The substance usage is occurring
to the degree and frequency that it is having a prohibitive impact on a caregiver’s ability
to provide of the basic care and safety of the child.
Examples of this Impending Danger threat may include but are not limited to:
Substance use renders the caregiver incapable of routinely and consistently attending
to the child's basic needs, including adequate supervision.
Substance usage consistently results in a caregiver becoming violent and/or lashing
out at a child or other family members.
A caregiver who constantly uses substances and is frequently inaccessible to a child
physically and emotionally.
A caregiver’s substance usage results in a chaotic home environment including
numerous individuals coming into the house; parties at all hours; child being
accessible to strangers.
A caregiver’s substance usage becomes the driving influence and number one priority
over all other aspects of his or her life; substance usage is the defining characteristic
of a caregiver’s lifestyle;
Caregiver’s lifestyle results in drugs and/or drug paraphernalia being accessible to a
child; caregiver allows and/or encourages the child to use and/or sell drugs.
Child is fearful of home environment due to drug activity inside the home or traffic in
and out of the home.
Caregiver has routinely driven with the child in the vehicle when intoxicated or
impaired by substance abuse or misuse.
9. One or both caregivers are violent; this includes Domestic Violence and General
Violence.
This refers to adults / caregivers in the home who routinely and consistently relate to and
interact with others in an aggressive, hostile and/or violently impulsive manner. To
identify this Impending Danger threat there must be specific information to suggest that a
caregiver’s volatile emotions and tendency toward violence is a defining characteristic of
how he or she often behaves and/or reacts toward others. The caregiver exhibits violence
that is unmanaged; unpredictable and/or highly consistent.
Examples of this Impending Danger threat may include but are not limited to:
Domestic Violence:
Caregiver / household member physically and/or verbally assaults another household
member; the child is present during the violence and may even attempt to intervene
to protect the battered individual.
A child routinely witnesses the violence in the home.
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A child is fearful for his or her safety and/or the safety of others in the home; the child
is preoccupied with the violent episodes and is feeling insecure and highly anxious.
Caregiver /or other household member threatens, attacks and/or causes injuries to
another adult or child in the home.
Violence has occurred in which a child attempted to intervene. Violence has occurred
in which the child is harmed or may be harmed, even though the child may not be the
actual target of the violence.
Caregiver / household member consciously uses force, aggression, control and/or
violence to threaten, punish and/or intimidate.
General violence:
Caregiver whose behavior outside of the home (e.g. drugs, violence, aggressiveness,
and hostility) creates an environment within the home that threatens child safety (e.g.
drug parties, gangs, drive-by shootings).
Caregiver who is impulsive, explosive or out of control, having temper outbursts which
result in violent physical actions (e.g. throwing things).
10.One or both caregivers cannot control behavior.
This threat includes frequently unmanaged; unstrained behaviors (other than aggression
/ violence) and/or emotions that pose an imminent danger of severe harm to a child. To
identify this impending danger threat there must be specific information to suggest that a
caregiver’s impulsive behaviors; addictive behaviors; bizarre behaviors; compulsive
behaviors; depressive behaviors; etc. cannot be controlled by the individual. The out of
control behaviors result in the inability or unwillingness of the caregiver to provide for the
basic needs and safety of the child.
Examples of this Impending Danger threat include but are not limited to:
Caregiver is experiencing an emotional or mental health disturbance (e.g. severe
depression, emotional immobilization, delusional, hallucinations), whether chronic or
situational, and is unable to control their emotions or behaviors, directly and
significantly affects child safety (including meeting basic needs). The emotional
and/or mental health issue is so severe that the caregiver unable to functioning
adequate to performance caregiver responsibilities.
Caregiver addiction is all consuming and results in his/her inability to provide adequate
care for the child.
Caregiver routinely makes impulsive decisions; a caregiver that is unpredictable; or in
a state of constant chaos; a caregiver that often fails to make adequate plans for the
care of the children and the failure to plan leaves the children in precarious situations
(e.g. in a dangerous environment, unsupervised, supervised by an unreliable person).
Caregiver mismanages money (e.g. impulsive spending), resulting in a lack of
necessities.
Caregiver has addictive patterns or behaviors (e.g. addiction to substances, gambling,
computers, sex) that are uncontrolled and leave the child in unsafe situations (e.g.
failure to supervise or provide basic care).
Caregiver is not reality oriented and the inaccurate perception of reality results in the
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child being unsafe.
11.Child has exceptional needs which the caregivers cannot or will not meet.
“Exceptional” refers to specific child conditions (e.g. developmental delays, physical
disability, dependency, serious health problems, and serious behavioral / emotional
needs) which are either organic or naturally induced as opposed to parentally induced.
The key here is that the child’s needs are so tremendous; constant and/or immediate that
when left unmet or failed to be addressed it results in the child being in a state of danger.
To identify this Impending Danger threat there must be specific information that identified
a child’s exceptional condition and a caregiver’s inability to meet or address that condition.
This Impending Danger threat considers a caregiver’s willingness and ability to manage
and meet the specific needs including the level of demand, timeliness, regularity,
knowledge, skill and oversight.
Examples of this Impending Danger threat include but are not limited to:
Child has a physical or mental condition that, if untreated, threatens their safety.
Caregiver does not recognize the condition for what it is.
Caregiver views the condition as less serious than it is; minimizes the urgency or need
to address the condition or act.
Caregiver refuses to address the condition for religious or other reasons and it
threatens the child’s safety.
Caregiver lacks the capacity to fully understand the condition and the need to respond.
Caregiver will not or cannot perform basic functions to meet the child’s exceptional
needs (e.g., feeding tubes, breathing machines, medication, wound care) due to their
own lack of understanding, motivation or ability.
Caregiver’s expectations of the child are totally unrealistic in view of the child’s
condition.
Caregiver allows the child to live or be placed in situations in which harm is increased
by the child’s condition.
Caregiver’s physical capacity (e.g., energy, robustness and strength), accompanied
by other distractions (e.g., limited motivation or conviction), is sufficiently limited and
prevents their diligent need-meeting performance.
4.10 Maltreatment Findings
During the Family Functioning Assessment, the CPS Social Worker gathers information
in Family Functioning Assessment Areas related to child safety, including Maltreatment
and Nature. The specific, detailed information in the Maltreatment and Nature
Assessment Areas must be analyzed to determine if maltreatment did or did not occur.
The Maltreatment finding is based on whether “a preponderance of the evidence” (e.g.,
eye witness accounts, worker observations, medical reports, professional evaluations)
obtained during the Family Functioning Assessment would lead the CPS Social Worker
to conclude that maltreatment (abuse/neglect) did or did not occur. The legal definition of
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an abused or neglected child is the standard for determining that a child has been abused
or neglected Child Protective Services Policy Section 2.2 Operational Definitions further
defines caregiver conduct and/or conditions that meet the statutory definition of an
abused or neglected child. The operational definitions must be examined when making
a finding of maltreatment.
Maltreatment is considered to have occurred when a preponderance of the credible
evidence indicates that the conduct of the caregiver falls within the boundaries of the
statutory and operational definitions of abuse or neglect. Maltreatment is considered to
not have occurred when a preponderance of the credible evidence indicates that the
conduct of the caregiver does not fall within the boundaries of the statutory and
operational definitions of abuse or neglect. After diligent information collection, if the
worker is unable to determine by a preponderance of the evidence that maltreatment had
occurred then the finding must reflect that decision. The Statutory definitions of child
abuse and neglect can be found in WV Code 49-1-201 as well as CPS Policy Section 2.1
Terms Defined by Statute. (See CPS Policy Section Referrals for information concerning
referrals to that program when maltreatment is substantiated)
4.11 Safety Evaluation Conclusion
Evaluating the safety of a child is a discrete function within CPS which is separate from
determining whether child abuse or neglect occurred. The Safety Evaluation Conclusion
must be completed in all Family Functioning Assessments. The safety decision must be
based upon a consideration for impending danger threats. The following decisions will be
documented in the Safety Evaluation Conclusion:
1. The children are safe or unsafe;
2. Whether or not the family will be open for On-Going CPS.
The Child(ren) is/are safe (because):
No Impending Dangers were identified. Based on currently available information,
there is no child (ren) likely to be in danger of serious harm. No Temporary
Protection Plan or Safety plan needed at this time. If a Temporary Protection Plan
is currently implemented, consult with a supervisor regarding the dismissal of that
Temporary Protection Plan.
The Child(ren) is/are unsafe (because):
One or more Impending Danger threats were identified which threaten the safety
of a vulnerable child and there are not sufficient caregiver protective capacities to
assure that Impending Danger can be offset, mitigated and controlled. The case
must be opened for Ongoing CPS. Proceed to Safety Analysis and Planning.
Family Functioning Assessment Conclusion: Decision to Provide Ongoing CPS
and Transfer Summary
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In this section of the Safety Evaluation Conclusion, you will indicate the reason(s) why
the family is or is not being opened for ongoing CPS in the appropriate FACTS field.
Specify in detail any immediate needs that were addressed during or at the conclusion of
the Family Functioning Assessment (if applicable). If a case is to be closed at the
conclusion of the Family Functioning Assessment document efforts that were made to
connect the family with agency and/or community-based resources and services when
applicable. Document the family’s response to the receipt of community connections
following the Family Functioning Assessment. The decisions are:
Child(ren) in the household were identified as UNSAFE. The case will be opened
for Ongoing CPS. Proceed to Safety Analysis and Planning in order to develop
and implement a sufficient safety plan.
There were no children in the household identified as unsafe. The case will not be
opened for Ongoing CPS. The family will be referred for community resources and
services, if applicable, unless maltreatment was substantiated (see below).
There were no children in the household identified as unsafe, however
maltreatment was substantiated based on WV Code 49-1-201. WV Code 49-4-
408 mandates that a plan be implemented where every abused or neglected child
in the state is provided an environment free from abuse or neglect. For this reason,
the case will be open for CPS Ongoing Services. Complete an ASO referral for
Case Management, Needs Assessment and Support Case Services Plan. See
Policy Memo concerning CPS Ongoing Services when children are safe but have
been maltreated for more information.
Ongoing CPS is court ordered.
You must justify the decision to open the case for Ongoing CPS or close the case
following the Family Functioning Assessment and Safety in the appropriate text field in
Facts.
4.12 Case Transfer Conference
During the Safety Analysis and Safety Planning process, it is necessary for the Family
Functioning Assessment Worker to meet with the family. This meeting should occur the
same day children are identified as living in impending danger unless there are
extenuating circumstances. The following must occur during the Case Transfer
Conference:
Thoroughly explain the safety decision and impending danger(s) that must be
addressed to appropriately plan for the child(s) safety;
Listen to the caregiver’s concerns, answer their questions and allow the caregivers
to be an intricate part of the safety planning process;
Engage the family in exploring safety resources and safety planning options
Identify absent parents and their locations/contact information;
Meet with both formal and informal safety resources (extended family, friends, etc.)
if appropriate to assist in safety planning;
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Complete the Safety Analysis and Safety Planning process and deploy the
appropriate safety plan;
Explain the purpose of Ongoing Child Protective Services.
4.13 Safety Analysis and Safety Planning
Safety Analysis and Planning must be completed on all cases where children are
identified as unsafe and in need of protection.
The Safety Analysis determines the level of CPS intrusiveness with families in order to
manage Impending Danger and assure child safety. Safety Analysis results in the
development and implementation of sufficient safety plans (In-home Safety Plans or Out-
of-home Safety Plans which require court intervention) to manage identified Impending
Danger. The appropriate Safety Plan must be deployed the same day that children were
identified as in need of protection because of the Safety Evaluation Conclusion.
If the answer is “NO” to any of the safety analysis questions below, then the determination
is that an in-home safety plan CANNOT sufficiently control Impending
Danger and assure child safety. Any NO response indicates the need to pursue the use
of an Out-of-home Safety Plan (legal custody and placement) and/or the determination
that child(ren) must remain in placement. If the answers are all “YES”, proceed with
implementing an In-home Safety Plan. The Safety Analysis questions are as follows:
The caregivers are willing for an In-home Safety Plan to be developed and
implemented and have demonstrated that they will cooperate with all identified
safety service providers.
The home environment is calm and consistent enough for an In-home Safety Plan
to be implemented and for safety service providers to be in the home safety.
Safety services are available at a sufficient level and to the degree necessary to
manage the way in which Impending Danger is manifested in the home.
An In-home Safety Plan and the use of In-home Safety Services can sufficiently
manage Impending Danger without the results of scheduled professional
evaluations.
The caregivers have a residence in which to implement and In-home Safety Plan.
If an In-home Safety Plan cannot be implemented and the Prosecuting Attorney will not
assist the DHHR in filing a petition to implement an Out-of-home Safety Plan, the DHHR
must initiate the provision for Dispute Resolution, pursuant to WV Code 49-4-501(c).
(Please Review CPS Policy Section 7.9 Role of Prosecuting Attorney for additional
information)
During the Safety Analysis and Safety Planning process, it is necessary for the Family
Functioning Assessment Worker to meet with the family. This meeting should occur the
same day children are identified as living in Impending Danger unless there are
extenuating circumstances. The following must occur during the meeting:
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Thoroughly explain the safety decision and Impending Danger(s) that must be
addressed to appropriately plan for the child(s) safety;
Listen to the caregiver’s concerns, answer their questions and allow the caregivers
to be an intricate part of the safety planning process;
Engage the family in exploring safety resources and safety planning options
Identify absent parents and their locations/contact information;
Meet with both formal and informal safety resources (extended family, friends, etc.)
if appropriate to assist in safety planning;
Complete the Safety Analysis and Safety Planning process and deploy the
appropriate safety plan;
Explain the purpose of On-going Child Protective Services.
Safety Planning
Safety Plans are a written arrangement between caregivers and CPS that establishes
how Impending Danger threats will be managed. If Impending Danger threats exist, and
Caregiver Protective Capacities are insufficient to assure a child is protected, the safety
plan is implemented. The Safety Plan specifies what Impending Dangers exist, how
Impending Danger will be managed using what safety services; who will participate in
those safety services; under what circumstances and agreements and in accordance with
specification of time requirements, availability, accessibility and suitability of those
involved.
4.14 In-home Safety Plan
The In-home Safety Plan refers to safety services, actions, and responses that assure a
child can be kept safe in their own home and with their parents/caregivers. In-home Safety
Plans include activities and services that may occur within the home or outside the home
but contribute to the child remaining primarily in their home. People participating in In-
home Safety Plans may be responsible for what they do inside or outside the child’s
home. An In-home Safety Plan primarily involves the home setting and the child’s location
within the home as central to the safety plan. Depending on how Impending Danger
threats are occurring within a family, separation may be necessary periodically, at certain
times during a day or week or for blocks of time (e.g. day care, staying with grandma on
weekends). This is different than the department requiring that the child and parent be
separated due to Impending Dangers. (See WV Code 49-4-601, 49-4-602, and 49-4-
604 for more information)
The In-home Safety Plan must:
Be a written document between the parent or caregiver and the Department;
Specify the Impending Danger threats;
Specify the names of formal and informal safety resources that will provide safety
services;
The roles and responsibilities of the safety resources (in-formal and formal) including
a description of the availability, accessibility and suitability of those involved, the
action/services including frequency and duration;
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Re-confirm commitments with all safety resources used in the Temporary Protection
Plan if they will be participants in the Safety Plan;
Explain how CPS will manage/oversee the Safety Plan, including communication with
the family and providers;
Be approved by the CPS Social Worker Supervisor.
CPS should inform parents/caregivers about their rights related to accepting/cooperating
with the In-home Safety Plan as well as any alternatives or consequences. In order to
develop an In-home Safety Plan that uses the least intrusive means possible, CPS
should:
Work to engage parent/caregiver in understanding and accepting the need for a Safety
Plan;
Enlist the parent/caregiver in a process of identifying and fully considering available
formal and informal safety resources and options.
4.15 Reasonable Efforts to Prevent Removal
The right of a parent to the custody of his or her child is a fundamental personal liberty
protected and guaranteed by the Due Process Clauses of the W. Va. and U.S.
Constitutions. “Reasonable efforts” have been a concept in child welfare practice since
the Federal Adoption Assistance and Child Welfare Act of 1980. The Federal Adoption
and Safe Families Act of 1997, Public Law 105-89 (ASFA), clarified this concept. Under
the Adoption and Safe Families Act reasonable efforts shall be made to preserve and
reunify families:
Prior to the placement of a child in foster care, to prevent or eliminate the need for
removing the child from the child's home; and
To make it possible for a child to safely return to the child's home; if continuation of
reasonable efforts of the type described in subparagraph (B) is determined to be
inconsistent with the permanency plan for the child, reasonable efforts shall be made
to place the child in a timely manner in accordance with the permanency plan, and to
complete whatever steps are necessary to finalize the permanent placement of the
child. [42 U.S.C. §671(a)(15)].
Reasonable efforts to prevent removal is the term used to describe those actions taken
by the DHHR to prevent or eliminate the need for removing the child from the child’s home
and to stabilize and maintain the family situation. Before initiating any procedure to take
custody of a child, the DHHR must first determine that there are no appropriate or
available services that would alleviate or mitigate the safety threat to the child. The DHHR
makes reasonable efforts to prevent removal of the child by completing and documenting
the process for the Family Functioning Assessment.
In certain situations, reasonable efforts to prevent placement are not required. Those
situations include:
Imminent danger of serious bodily or emotional injury or death in any home. (49-1-
201);
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The parent has subjected the child to Aggravated Circumstances which include, but
are not limited to abandonment, torture, chronic abuse and sexual abuse (49-4-
602(d)(1));
The parent has:
Committed murder of another child of the parent;
Committed voluntary manslaughter of another child of the parent;
Attempted or conspired to commit such a murder or voluntary manslaughter or
been an accessory before or after the fact to either such crime; or
Committed a felonious assault that results in serious bodily injury to the child or to
another child of the parent; or
The parental rights of the parent to a sibling have been terminated involuntarily
(49-4-602(d)(3));
Committed murder of the child’s other parent; or
Committed voluntary manslaughter of the child’s other parent; or
Committed sexual assault or sexual abuse of the child, the child’s other parent,
guardian, or custodian, another child of the parent, or any other child residing in
the same household or under the temporary or permanent custody of the parent;
or,
Has been required by state or federal law to register with a sex offender registry;
or
Committed unlawful or malicious wounding that results in serious bodily injury to
the child or the child’s other parent.
Has a child that has been removed from the parent’s care, custody, and control by
an order of removal voluntarily fails to have contact or attempt to have contact with
the child for a period of 18 consecutive months: Provided, That failure to have, or
attempt to have, contact due to being incarcerated, being in a medical or drug
treatment facility, or being on active military duty shall not be considered voluntary
behavior.
For information see CPS Policy Section 4.26 Completing Family Functioning
Assessments in which reasonable efforts to prevent the child from removal of the home
is not required.
(For more information on reasonable efforts and aggravated circumstances see the Legal
Requirements and Processes: Child Protective Services and Foster Care Policy; the
federal Child Abuse Prevention and Treatment Act (1996) and the federal Adoption and
Safe Families Act (1997).)
4.16 Safety Services
Safety Services refers to actions identified as part of a Safety Plan occurring specifically
for controlling or managing Impending Danger threats. Safety services must control the
Impending Danger threats immediately upon being put in place: safety services must
have an immediate effect whenever they are delivered; safety services must do
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immediately what they are intended to do. Safety services are categorized according to
the objective they seek to address within a safety plan.
When developing an In-home Safety Plan, Safety Services must be deployed which
mitigate the impending danger and in turn allows the child to remain in their home and
under the care, custody and control of their parents/caregivers. Safety services differ
from long-term treatment responses in that they are short-term and strictly for controlling
for safety. Safety Services can be “formal” or “in-formal” but must work in conjunction to
ensure safety. Some Safety Services are available as Socially Necessary Services
through the ASO. Others may be obtained through community resources, other
Department of Health and Human Resources programs, or may be obtained by special
medical card or demand payments if there are no other resources for payment.
For example, an infant is determined to be unsafe due to the Caregiver being unwilling or
unable to perform parental duties and responsibilities. The parent/caregiver agrees to
allow a relative(s) and the Socially Necessary Services provider assist the caregiver in
preparing bottles, home making, assist in bathing the child, etc. in the evenings and
weekends. The child is also in daycare during the week which provides a safe
environment when the relative(s) and the Socially Necessary Services provider is not
available. These Safety Services would control the impending danger and allow the child
to remain safely in their home while treatment services were being established based
upon the Family Assessment and Treatment Plan.
Formal and Informal Safety Services may include the following;
Supervision: “Eyes on” oversight of the child or family which provides an active,
ongoing assessment of stresses which affect safety and may result in necessary
action. The emphasis here is that the provision of supervision will assist in controlling
one or more of the identified Impending Dangers. The identified child or family
requiring supervision must be within the defined boundary in which the provider can
intervene immediately if needed to ensure safety, permanency and well-being. The
service controls for conditions created by a caregiver’s reaction to stress, caregivers
being inconsistent about caring for children; caregivers being out of control, caregivers
reacting impulsively and caregivers having detrimental expectations of children.
Parenting Assistance: Direct face-to-face services to assist caregivers in performing
basic parental duties or responsibilities which caregiver has been unable or unwilling
to perform. Basic parental duties and responsibilities include such activities as
feeding, bathing, basic medical care, basic social/emotional attention and supervision.
The lack of these basic parenting skills must affect the child’s safety. The services
must have an immediate effect on controlling the Impending Dangers. The service is
different than parenting education in that it is strictly for controlling impending danger.
Family Crisis Response: Family crisis response is a face-to-face intervention in the
consumer’s natural environment to assess and de-escalate a family crisis which
affects child safety and controls the Impending Danger. This service differs from
traditional individual or family counseling in that the emphasis is to provide immediate
relief and support from the crisis being experienced. A crisis is defined as a situation
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which involves disorganization and emotional upheaval. This service may target
dysfunctional family interactions or environmental situations that have escalated to a
point that affects the safety of child and has resulted in an inability to adequately
function and problem solve.
Crisis Home Management: Service to aid with general housekeeping/homemaking
tasks caregivers must do in order to provide a safe environment for their child.
Examples may include meal preparation, grocery shopping, budgeting or cleaning and
maintaining a physically safe residence. The emphasis is on controlling the Impending
Danger.
Social/Emotional Support: Provision of basic social connections and basic
emotional support to caregivers. The lack of support must affect the child’s safety.
The service must have an immediate impact on controlling the danger. Once formal
linkage to community support systems or access to supportive services, such as
therapy or counseling, has been established, this service ends.
Emergency Respite: Unplanned break for primary caregivers who are in challenging
situations in which a trained provider, friend or family member assumes care giving
and supervision of a child(ren) for a brief period. Service may be provided in or out of
the natural home or on an hourly/daily basis. Temporary relief from parenting
responsibilities is provided to control Impending Danger.
Respite: Planned break for primary caregivers who are in challenging situations in
which a trained provider, friend or family member assumes care giving and
supervision of a child(ren) for a brief period to control Impending Danger. Service may
be provided in or out of the natural home or on an hourly/daily basis. Service may also
be utilized if the caregiver has a scheduled inpatient medical procedure.
Child Oriented Activity: Structured activities, conducted under adult supervision,
that are designed to provide a safe place for the child that controls the Impending
Danger.
Private Transportation: Provision of transportation services in a personal vehicle to
obtain goods or services provided to control Impending Danger.
Public Transportation: Provision of transportation on buses, planes, and/or trains to
obtain goods or services provided to control Impending Danger.
Hospitalization: Admission of a child and/or caregiver into a physical or mental health
hospital. The condition requiring admission must relate to the danger which affects
the child’s safety.
Routine/emergency medical care: Provision of medical care for a caregiver and/or
a child. This medical service will assist in controlling one or more of the identified and
described dangers which place the child’s safety in the home in question.
Routine/emergency mental health care: Provision of mental health care
(outpatient) for a caregiver and/or a child. This mental health service will help to
control one or more of the identified and described dangers which place the child’s
safety in the home in question.
Routine/emergency alcohol or drug abuse services: Provision of inpatient or
outpatient services for the treatment of alcohol or drug abuse. This service should be
indicated for situations in which the alcohol or drug abuse affects the safety of the
child. This should not be indicated if an alcohol or drug evaluation is needed.
In-home health care: Health related service which is provided in the home of the
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family. The service provided in the home must assist in controlling one or more of the
identified and described dangers which place the child’s safety in the home in
question.
Child Care: Direct care provided to a child for a portion of a day in an approved child
care program. The service responds to conditions where the child care responsibilities
of the caregivers affect the child’s safety. In addition to meeting the needs of the child,
the service provides relief for the caregiver.
Financial services: Provision of financial assistance to the family in meeting the
child’s safety needs which results from the lack of finances. This includes the lack of
utilities which present an immediate threat to the child’s well-being.
Housing: Provision of housing or the securing of more affordable housing for a family
where the lack of housing is affecting the child’s safety.
Food/clothing service: Provision of food and clothing when the child does not have
adequate food and/or clothing and the lack of these life necessities affect the child’s
safety. The family cannot afford to provide these necessities to the child.
Other service (must specify): any other service which may directly relate to controlling
the immediate safety of the child and has not otherwise been listed.
Safety Services may be provided by informal or natural supports, such as family
members, community members or friends, without payment and/or may be provided by
the CPS social worker.
The CPS social worker should check all available resources for payments for service
including, but not limited to;
Private insurance
Medicaid
LIEAP
TANF
SNAP
Emergency Assistance
HUD and low-income housing assistance
Family income
Community agencies and resources
CHIP
Charitable and faith-based organizations
Public Health Department
Free Health Clinics
Comprehensive Behavioral Health Centers
WIC
Child Care program
Homeless program
Volunteer organizations
WVRx
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Some families may be eligible for a special medical card or payments for housing, food
and utilities. See CPS Policy 6.3 for more information.
4.16.1 Safety Services and Socially Necessary Services
Socially Necessary services are interventions necessary to improve relationships and
social functioning, with the goal of preserving the individual's tenure in the community or
the integrity of the family or social system. Socially necessary services assist in achieving
the child welfare goals of safety, permanency and well-being.
The Bureau for Children and Families administers the provision of some Socially
Necessary Services through an Administrative Services Organization (ASO) which is
managed by APS Health Care.
One of the services that are provided through the ASO is Safety Services. The Safety
Services is a grouping or bundle of services for families to assist in assuring safety for
children by controlling Impending Dangers identified during the CPS Family Functioning
Assessment (FFA). The bundled services must be carefully coordinated by the CPS
social worker with any other formal or informal safety services that are put in place. The
safety services bundle is available twenty-four (24) hours, seven (7) days a week and
must commence within twenty-four (24) hours of referral. The provider must be available
to respond to crisis within the family during business and non-business hours. Eighty (80)
percent of the services must occur in the family’s home or community.
The Safety Services Bundle includes:
Supervision
Parenting Assistance
Family Crisis Response
Crisis Home Management
Social Emotional Support
The family may receive 200 hours of the Safety Services bundle over a ninety-two (92)
day period and may be reauthorized. The services may be more intensive at the
beginning of the service period and less intensive at the end of the service period, if
needed. The CPS social worker should specify the intensity/frequency of the services in
the safety plan. The mix of the services in the bundle should be specified by the CPS
social worker in the Safety Plan, also. All services in the bundle do not have to be
provided to every family but may be provided. The services must be apportioned
according to the need to control Impending Danger and must be specified in the Safety
Plan.
Other Safety Services that can be provided through the ASO in conjunction with the
Safety Services bundle are:
Emergency Respite
Public or Private Transportation
Child Oriented Activity
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The CPS social worker must develop the safety plan and make the referrals to the
necessary Safety Services as needed.
(For more information about Social Necessary Services, the Utilization Management
Guidelines Manual can be located at http://www.dhhr.wv.gov/bcf/Providers/Pages/Social-
Services.aspx)
4.17 Out-of-Home Safety plan
An Out-of-Home Safety Plan refers to safety management that primarily depends on
separation of a child from his home and separation from parents/caregivers who lack
sufficient protective capacities to assure the child will be protected from the Impending
Danger threats. Court oversight is required due to CPS requiring the child be separated
from their home and parent/caregiver.
Cases involving an Out-of-Home Safety plan (the child has been determined to be unsafe
and an In-home Safety Plan will not assure the child’s safety), requires a petition to be
filed with the Circuit Court alleging that the child is abused or neglected, that continuation
in the home is contrary to the best interests of the child and why this is so (child is unsafe),
whether or not the DHHR made a reasonable effort to prevent removal(considered In-
home Safety Plan through the Safety Planning and Analysis process, but ruled out) or
that the situation is an emergency (child is unsafe) and such efforts would be
unreasonable or impossible (child cannot be protected by an In-home Safety Plan) and
whether or not there are Aggravated Circumstances or other circumstances present and
Reasonable Efforts are not required.
In developing an Out-of-Home Safety Plan, the CPS Social Worker will:
Identify the family/client conditions that confirm the need for out-of-home placement;
Consult with the CPS Supervisor and County Prosecuting Attorney;
Identify the placement conditions;
Select and identify the services and providers that best match with existing conditions;
Determine and identify the length of placement;
Select and identify the home or facility in which the child will be placed;
Indicate why placement with the provider or relative is appropriate and how proper
care will occur;
Describe how parent’s’ rights regarding removal were safeguarded;
Identify and describe family/parent strengths which facilitate and support the Safety
Plan;
Seek the parent’s signatures on the Safety Plan as evidence of their involvement in
the development of the plan, their understanding of the plan, and their agreement or
lack of agreement with the plan;
Document how the case will be transferred to an on-going worker (if this will occur) in
terms of any staffing which will occur, when these are scheduled, who will participate,
etc. and identify next steps to proceed with the family assessment;
Document the contacts and process followed to develop the safety plan;
Provide a copy of the safety plan to the parents, providers and Multi-Disciplinary
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Team;
Regardless of how a family comes to the attention to the Department, the DHHR has
identified youth considered appropriate to begin the wraparound process as having:
Youth, ages twelve (12) to seventeen (17) (up to the youth’s 17th birthday) with a
diagnosis of a severe emotional or behavioral disturbance that impedes his or her
daily functioning (according to a standardized diagnostic criteria) currently in out-of-
state residential placement and cannot return successfully without extra support,
linkage and services provided by wrap-around;
Youth, ages twelve (12) to seventeen (17) (up to the youth’s 17th birthday) with a
diagnosis of a severe emotional or behavioral disturbance that impedes his or her
daily functioning (according to a standardized diagnostic criteria) currently in in-state
residential placement and cannot be reunified successfully without extra support,
linkage and services provided by wrap-around;
Youth, ages twelve (12) to seventeen (17) (up to the youth’s 17th birthday) with a
diagnosis of a severe emotional or behavioral disturbance that impedes his or her
daily functioning (according to a standardized diagnostic criteria) at risk of out-of-state
residential placement and utilization of wrap-around can safely prevent the placement;
Youth, ages twelve (12) to seventeen (17) (up to the age of the youth’s 17th birthday)
with a diagnosis of a severe emotional or behavioral disturbance that impedes his or
her daily functioning (according to a standardized diagnostic criteria) at risk of in-state
level 1, 2, 3 or PRTF residential placement and they can be safely served at home by
utilizing wrap-around;
After a family has been identified as potentially appropriate for wraparound, the worker
should then initiate the referral process. Please refer to Safe at Home, WV wrap around
policy.
If an In-home Safety Plan cannot be implemented and the Prosecuting Attorney will not
assist the DHHR in filing a petition to implement an Out-of-home Safety Plan, the DHHR
must initiate the provision for Dispute Resolution, pursuant to WV Code 49-4-501(c).
(Please Review CPS Policy Section 7.9 Role of Prosecuting Attorney for additional
information)
4.18 Statutory Remedies for Protecting Children
Chapter 49 of the West Virginia Code provides several legal remedies for protecting
children. The Circuit Court can, under certain specified circumstances, address the
condition of children in need of protection, and as necessary, enter an order directing that
certain actions be taken to promote the safety of children.
The court is a safety resource, not just an avenue to place children in the Department’s
custody. The court should be used, when necessary, to assure children the protection
they need and motivate and assist parents to improve their standard of care. In order to
properly use the services of the court, CPS Social Workers and Supervisors must
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understand all the possible options available to the court and select those which can be
of benefit to each family they serve on a case-by-case basis.
The following are examples of situations in which the assistance of the Circuit Court can
be sought. This list is not exhaustive. The proper use of the court requires close
collaboration between the CPS Social Worker and Supervisor, and, as necessary,
consultation with the Prosecuting Attorney and/or Regional Attorney.
1. When a report of suspected abuse or neglect has been received and the parents
refuse to allow access to the children to be interviewed, court intervention may be
appropriate. The relief that could be sought would be a petition to the court seeking
judicial sanction for those actions necessary to complete the assessment to determine
if the child is unsafe. Those actions may include access to the home, to the child, or
other steps necessary to determine if the child is unsafe;
2. When present or imminent danger exists and there are no safety resources available
and/or the primary caregivers are unwilling to permit the CPS Social Worker to deploy
a protection plan. The relief that could be sought would be a petition to the court
seeking legal and physical custody to place the child in a safe environment;
3. When a child is unsafe, and the Safety Analysis and Planning determines that an Out-
of-home Safety Plan is required. The relief that could be sought would be a petition
to the court seeking legal and physical custody to place the child in a safe
environment.
4. When aggravated or other circumstances exist as described in WV Statute 49-4-
602(d). (see policy section 4.26 Completing Family Functioning Assessments in which
reasonable efforts to prevent the child from removal of the home is not required)
5. If appropriate, a co-petition with the non-offending parent may be filed with the circuit
court. The Department shall not request physical or legal custody of the children as
the non-offending parent will maintain care, custody and control of their children.
4.19 Imminent Danger
Imminent Danger is defined in state statute. Imminent Danger to the physical well-being
of a child means an emergency situation in which the welfare or life of the child is
threatened. Such an emergency situation exists when there is reasonable cause to
believe that any child in the home is or has been sexually abused or sexually exploited or
reasonable cause to believe that the following conditions threaten the health or life of any
child in the home.
Non-accidental trauma inflicted by a parent, guardian, custodian, sibling, babysitter or
other caretaker which can include intentionally inflicted major bodily damage such as
broken bones, major burns or lacerations or bodily beatings. This condition also
includes the medical diagnosis of battered child syndrome which is a combination of
physical and other signs indicating a pattern of abuse; or
Nutritional deprivation; or
Abandonment by the parents, guardian or custodian; or
Inadequate treatment of serious illness or disease; or
Substantial emotional injury inflicted by a parent, guardian or custodian; or
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Sale or attempted sale of the child by the parent, guardian or custodian; or
The parent, guardian or custodian’s abuse of alcohol, or drugs or other controlled
substance as defined in section one-hundred one, article one, chapter sixty-a of this
code, has impaired his or her parenting skills to a degree as to pose an imminent risk
to a child’s health or safety. (49-1-201).
If a child or children in the presence of a CPS Social Worker be in an emergency situation
which constitutes an imminent danger to the physical well-being of the child or children
and if the CPS Social Worker has probable cause to believe that the child or children will
suffer additional child abuse or neglect or will be removed from the county before a
petition can be filed and temporary custody can be ordered, the CPS Social Worker may,
prior to the filing of a petition, take the child or children into his or her custody without a
court order: After taking custody of such child or children prior to the filing of a petition,
the CPS Social Worker must appear before a circuit judge or a juvenile referee of the
county wherein custody was taken, or if no such judge or referee be available, before a
circuit judge or a juvenile referee of an adjoining county, and shall immediately apply for
an order ratifying the emergency custody of the child pending the filing of a petition.
4.20 Completion of the Family Functioning Assessment
To conclude the Family Functioning Assessment, the worker will:
Complete the documentation of the Family Functioning Assessment when enough
information has been gathered to make the decisions in the Safety Assessment and
Family Evaluation. This must occur as soon as sufficient information has been
collected to make the necessary decisions in the Family Functioning Assessment.
The maximum timeframe for completion of the Family Functioning Assessment is
within thirty (30) days from receipt of the report. If extenuating circumstances have
prevented the completion of the Family Functioning Assessment within the time frame,
the worker will request the approval of an extension from the supervisor;
Contact the family to discuss the findings from the Family Functioning Assessment.
This contact can be made in person or by phone if the case will not be open for
Ongoing CPS;
Make a referral for a Socially Necessary Safety Services Case Management if the
child is safe but maltreatment occurred. Review the Policy Memo concerning this case
type for more information;
Transmit the case to the supervisor for review and approval.
The supervisor will:
If requested, review the request for an extension of the time frames for the completion
of the family functioning assessment and make a decision, as indicated. Reasons for
granting an extension may include:
Assigned workload prevented completion;
Delay in receipt of necessary information;
Assessment complete, paper work pending;
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Other cases/reports have taken priority due to identified safety threats;
Unable to yet contact client or client has not cooperated;
Other (must specify).
Review the Family Functioning Assessment as well as any safety plans for
thoroughness and completeness;
Review the procedure followed by the worker in completing the Family Functioning
Assessment;
Review whether the information is sufficient to make the necessary decisions;
Review whether all of the required screens were completed;
Review whether the information is documented in the correct Family Functioning
Assessment areas. Is the documentation coherent? Does it contain both positive and
negative information? Are the sources of information cited?
Review whether necessary information was obtained from collaterals;
Review whether the contacts are documented appropriately in order to show due
diligence in collecting information;
Review whether the multi-disciplinary investigative team was involved as appropriate;
Review whether the analysis of the presence of maltreatment is documented and
correct;
Review whether impending danger threats have been identified;
Review the adequacy and the specific details of the safety plan in terms of services
initiated, frequency, etc.;
Based on the conclusions from the Family Functioning Assessment, assure that CPS
is responsible to provide, direct or coordinate services to children and families or
whether no service need is present;
Initiate arrangements to transfer the case for On-Going CPS services;
Assure that either an in-home or out-of-home safety plan has been developed and
implemented in all situations in which a child has been determined to be unsafe or the
safety plan implemented is appropriate. It is unacceptable to omit the development
and implementation of a safety plan when a child has been determined to be unsafe;
Review whether the Early Intervention Birth-to-Three referral was made as
appropriate;
Review whether the Socially Necessary Services referral for a needs assessment and
service plan was made as appropriate;
Document supervisory consultation and approval within the appropriate screens within
FACTS;
Assure that mandated referents receive notification at the conclusion of the Family
Functioning Assessment.
If the Family Functioning Assessment or safety plan is unsatisfactory for any reason, the
supervisor will:
Meet with the worker to discuss the areas that need improvement;
Provide or arrange for any assistance that the worker needs to make the requested
improvements;
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Assure that the improvements are made, prior to approving the Family Functioning
Assessment and Safety Plan.
At the conclusion of the FFA, if the decision is to open the case, the Intake Supervisor
and On-going supervisor will designate a time for both them and the FFA worker and
PCFA worker to meet for a transfer staffing to discuss the family and any needed actions.
This may be a designated time each week.
The FFA worker will ensure that any needed safety services have been put into place and
the safety plan has been signed. All needed ASO referrals for services should be made
by the FFA worker.
Within five (5) days of the transfer staffing the FFA and PCFA workers will complete a
home visit together to complete a CANS assessment with the family. The FFA worker
should take the lead due to their knowledge and existing relationship with the family. The
PCFA worker will cover the results of the CANS assessment during their first home visit.
4.21 Notification to individual’s subject of the Family Functioning
Assessment. Note: Pilot Counties refer to special instructions
regarding notification letters
Upon Supervisor approval of the Family Functioning Assessment a notification letter is
electronically generated and automatically mailed to the parties provided the correct
name and mailing address is documented in FACTS. If the necessary information is not
correctly documented a notification letter will not be automatically mailed. Each week
FACTS generates a Fredi report titled “CPS Letters Exception Report”. The report
indicates the county, worker name, case number, client number and why a notification
letter was not mailed the previous week. The report is located at www.wvfacts.org/fredi
and should be reviewed weekly to determine if any of your clients were not mailed the
notification letter. The letters will mention that the maltreatment findings could affect
employment in the future. The letter will also notify the family of their right to appeal and
the process to request a grievance. A copy of the letter can be found on the intra-net for
your review. (Please see CPS policy 6.1 and Common Chapters, Chapter 700, Appendix
C. concerning the Grievance Process)
If you discover one of your clients did not receive their notification letter, it is your
obligation to mail the appropriate notification letter as soon as possible. Each adult and
alleged maltreater subject of the Family Functioning Assessment gets their own letter
addressed to them. A copy of the letters can be found on the intranet at
http://intranet.wvdhhr.org/bcf/cps_letters.asp
4.21.1 Notification to parents who are not subject of the Family Functioning
Assessment
In most instances, parents who are not the subject of the Family Functioning Assessment
should be notified if their children are unsafe or have been maltreated. This requirement
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does not apply if the case is unsubstantiated and the children are safe. If the child has
been maltreated or is determined to be unsafe, the parent who is not subject of the Family
Functioning Assessment must be notified unless there is good cause documented in the
case file to show that the information would be seriously detrimental to the best interests
of the child. Good cause would include documentation in the record of the following
circumstances: no contact order with the parent who is not the subject of the Family
Functioning Assessment, the parent’s rights have been terminated, or there is a
documented pattern of violent behavior that could place the children in danger by the
parent who is not the subject of the Family Functioning Assessment. This notification
cannot be automated in FACTS due to the complexity of the decision to notify.
Notification at the conclusion of the Family Functioning Assessment does not preclude the
notification of parents not subject to the report during the Family Functioning Assessment as part
of reasonable efforts to prevent removal.
4.21.2 Mandatory reporter notification
WV Statute 49-2-804 requires mandatory reporters be notified of our decision whether or
not to accept a referral and, if accepted, when the assessment of the referral is complete.
Upon Supervisor approval of the Family Functioning Assessment, the mandatory reporter
notification letter will print automatically on the Supervisor’s printer. It is the supervisor’s
responsibility to ensure that the mandated reporters received the notification letter.
4.22 Diligent Efforts to locate children who are reportedly abused or
neglected
CPS Social Workers are expected to make diligent efforts to locate children reported to
be abused or neglected. Diligent efforts, in this context, are persistent, relevant attempts
to locate the child and his/her family. CPS Social Workers are expected to be creative
and flexible in determining the whereabouts of families who are not located by routine
means. The list is not all inclusive but identifies several sources which may assist you
when attempting to locate a family or relocate missing families.
Visit the home after regular work hours
Mail certified letters to the last known address
Check the telephone book, directory assistance, internet phone searches such as
whitepages.com or 411.com, as well as the post office for alternative addresses or
telephone number changes
Review DHHR case records, including but not limited to CPS records, APS Records,
Youth Services Records, Oscar, Rapids, etc. to attempt to locate alternative
addressed, phone numbers, extended family members, etc.
Contact the schools and day care attended by the children to determine if they have
information concerning a new school or address
Contact the reporter and any known friends or relatives to get information on possible
whereabouts of the family
Contact the landlord for the forwarding address
Contact utility companies to determine if they have forwarding address.
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4.22.1 Administrative Subpoena
WV Code 49-2-802(g)(1) gives the Secretary of the Department of Health and Human
Resources, or designee, the ability to issue an administrative subpoena in order to
facilitate the location of a child suspected of being a victim of abuse or neglect. Should
you believe that a child is subjected to abuse or neglect and a corporation, partnership,
business, organization or individual refuses to provide information that would assist you
in locating a child, the procedures below should be followed:
1. Directly ask the entity or individual for the information;
2. Make certain that the information that you are seeking is not readily available from
secondary sources;
3. If primary and secondary sources are not fruitful, you will have to consider issuing an
administrative subpoena directly to the entity or individual. To facilitate this option,
you should first contact your CSM for assistance. Delivery of the administrative
subpoena by certified mail or personal service, or both, should be under the name of
the CSM. Personal services should not be attempted by any DHHR employee, but
rather personal service should be perfected by the aid of the county sheriff or a
professional process server;
4. If the entity or individual provides the information requested, no further action is
needed;
5. Should the entity or individual fail to respond or refuses to provide the requested
information, the CSM should contact the cabinet secretary for DHHR, explain the
circumstances in which the information is being sought and the response thereto and
ask to be designated with the authority to invoke the aid of a circuit court for compelling
the information under the applicable statute;
6. Once the CSM is designated, the CSM should contact the county prosecutor and
request that they file a petition before the appropriate circuit court in order to compel
the information sought.
If county prosecutor is unable or unwilling to assist you in compelling the information
before the circuit court, you should illicit the aid of your regional assistant attorney general
or the assistant attorney generals assigned to the Bureau for Children and Families.
4.23 Incomplete Family Functioning Assessments
All Family Functioning Assessments are to be thoroughly completed. However, there
may be some unanticipated circumstances in which it is impossible to complete the entire
process. Those include;
Blatantly False Report: This would apply only to situations in which the worker finds
that the reported family does not exist, the location does not exist, or a reported
emergency does not exist. For example, a report alleges that a child is left unattended
on the side of the road. Upon arrival to the location, the worker does not find any child
on the road and can find no such situation or family. This does not apply to situations
in which the worker has a face-to face contact with the identified child and does not
observe any visible signs of maltreatment. In this latter situation, the worker must
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continue to follow the Family Functioning Assessment through to completion.
Child Turned Eighteen (18) During Family Functioning Assessment: This would
apply to situations in which the identified child turned 18 during the Family Functioning
Assessment and there are no other siblings/children under eighteen (18) years of age
in the home.
Death of a Child: This would apply to situations in which the identified child dies
during the Family Functioning Assessment and there are no other siblings/children
under 18 years of age in the home. In this situation, information learned during the
Family Functioning Assessment must be documented in FACTS.
Client Moved/Unable to Locate: This would apply to situations in which the child and
family have moved, and/or the child or family cannot be located. It does not apply to
situations in which the family moves to another county and the worker knows the new
location. Those intakes should be transferred to the new county. If a family moves to
another state, the intake should be transferred to the other state. Prior to concluding
a Family Functioning Assessment as incomplete due to inability to locate, the worker
must first exhaust all available remedies to locate the family, including the
Administrative Subpoena Protocol if appropriate.
Duplicate Entry of Data: This would apply to situations in which a Family Functioning
Assessment was already completed or in process on the same allegation, but the
report was mistakenly accepted and assigned rather than screened out. For example,
a report is made by a day care center that a child is malnourished. The report is
accepted for a Family Functioning Assessment and is assigned to a social worker.
The next day a report is made by a pediatrician that a child is malnourished. For
whatever reason, the report is accepted. The report is assigned to another social
worker. Both social workers begin a Family Functioning Assessment only to discover
they are working the same case. The second Family Functioning Assessment may
be discontinued and documented as incomplete due to duplicate entry of data.
The district must consult with their Regional Program Manager or Child Welfare
Consultant if they are unable to complete a Family Functioning Assessment.
4.24 WV Birth to Three Program Referrals
Children who have been abused or neglected are at considerable risk for a range of
developmental delays. WV Birth to Three provides early intervention services, under Part
C of the Individuals with Disabilities Education Improvement Act, to eligible infants and
toddlers who are experiencing substantial developmental delays or who are at risk of
substantial developmental delay if early intervention services were not provided.
Pursuant to the Child Abuse Prevention and treatment Act (CAPTA), children under three
for whom maltreatment has been substantiated must be referred to the WV Birth to Three
Program in order to be screened for the presence of the above-stated delays and risks.
If there are children younger than three (3) years of age in the home for whom the worker
has substantiated maltreatment, the worker will:
Inform the child’s family that a referral to WV Birth to Three is required by Federal law;
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Complete the referral form for Early Intervention Part C- Birth-to-Three services within
two working days of entering a substantiated disposition into the FACTS system.
Send a copy to the WV Birth to Three Regional Administrative Unit in which the child
resides, file in the FACTS file cabinet and provide the family with a copy;
When appropriate, request the family’s written consent for release of information to
share pertinent information regarding the child’s health and/or developmental status
or if Birth-to-Three Staff should be made aware of specific safety concerns.
WV Birth-to-Three must also be considered for all children under the age of three (3)
when abuse or neglect was not substantiated but through the Family Functioning
Assessment process have been identified as experiencing or at risk of developing
substantial delays or atypical developmental patterns or; have been determined to fall
under at-risk categories.
4.25 Personal Safety
Within the scope of your duties, CPS Social Workers and other DHHR employees must
take precautions to prevent harm to themselves. Before making client contact, CPS
Social Workers should make ongoing assessments of situations based on the nature of
the allegation(s) or changing case characteristics. The following are issues for social
workers and supervisors to consider before making field visits:
Are firearms or other weapons noted in the report or record?
Is there a previous history of domestic violence or other violent behavior towards
others (this includes adults and youth)?
Is there a history of criminal activity, mental illness, substance abuse, and ritualistic
abuse or cult practices?
Is the family's geographic location isolated or dangerous and is there cell phone
coverage in that location?
Is the contact scheduled after normal working hours?
Are there aggressive animals on or near the premises?
Is there a "danger to worker" notification screen on the referral?
Is there lack of available information?
If the intake assessment reveals possible risk to the CPS Social Worker, the following
could be considered as part of a personal safety plan:
Call law enforcement and/or another staff person for accompaniment;
Carry a cell phone;
Use a state car rather than personal vehicle (or vice versa);
Carry personal safety equipment, such as a whistle or personal alarm;
Conduct a criminal history check before making contact;
Consult with other informal sources, such as local law enforcement, previous social
workers, collaterals, coworkers or colleagues from other agencies.
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During every interaction with clients you must:
Always notify your supervisor where you are going and how long you anticipate
being there through your districts sign out protocol;
Avoid wearing or carrying valuables into homes;
Take only what is necessary into the home;
Park in an area that would allow you to leave the residence quickly if necessary;
Be cautious entering homes with large groups of people;
Do not invade the individuals personal space and never touch them;
Be aware of your surroundings and identify potential safety risks;
Do not allow a client to get between you and the door;
Maintain your car in good mechanical condition;
If you feel unsafe, end the visit immediately and seek assistance. Leave
immediately.
Despite precautions, threats and other incidents may occur. CPS Social Workers and
other employees must immediately notify their supervisor, another supervisor in the office,
or other person in the chain of command following an incident such as assault, a threat
of harm to staff and/or family members or property damage. The Supervisor and/or
supervisor or designee will:
Provide the opportunity to debrief and explore the possibility of staff receiving
counseling or other services;
When warranted, report to law enforcement and request restraining orders for
individuals and/or offices;
Report the incident to the Supervisor and CSM;
Any CPS Social Worker or other staff who suspect they have entered an area
where methamphetamine is manufactured will exit the residence and the property
immediately and call 911 to request law enforcement response to address the
safety of the children;
Any staff person suspected of methamphetamine exposure should consult with
their personal physician within two (2) hours of exposure.
4.26 Family Functioning Assessments where children are determined
to be abused or neglected but safe
Once the Supervisor reviews the Family Functioning Assessment and/or consults with
the CPS Social Worker and agrees that there is abuse or neglect but not impending
danger in the home, the following must occur by either the CPS Social Worker or
Supervisor:
Contact the family to discuss the findings from the Family Functioning Assessment;
Explain to the family that due to a finding that abuse or neglect occurred, either a Child
Protective Service Social Worker will complete a services plan or a referral to an ASO
Provider will be made for the completion of a needs assessment and services plan.
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Inform the caregivers of the issues/dynamics that may have led to the abuse or neglect
as well as the expectations of Child Protective Services, the Providers when
appropriate, as well as the family’s expectations;
Discuss the case with the Ongoing CPS Supervisor and Open the Family for Ongoing
Child Protective Services (See CPS Policy Section 5.25 Ongoing Services to children
abused or neglected but not unsafe for additional information).
4.27 Completing Family Functioning Assessments in which
reasonable efforts to prevent the child from removal of the home
is not required (49-4-602(d)
The Department is not required to make reasonable efforts to prevent the removal of a
child if the court determines the parent has subjected the child to Aggravated
Circumstances which include but are not limited to abandonment, torture, chronic abuse
and sexual abuse. Other instances when reasonable efforts are not required are when
the parent has:
Subjected the child, another child of the parent, or any other child residing in the
same household or under the temporary or permanent custody of the parent to
aggravated circumstances which include, but are not limited to, abandonment,
torture, chronic abuse and sexual abuse;
Committed murder of the child's other parent, another child of the parent, or any
other child residing in the same household or under the temporary or permanent
custody of the parent;
Committed voluntary manslaughter of the child's other parent, another child of the
parent, or any other child residing in the same household or under the temporary
or permanent custody of the parent;
Attempted or conspired to commit such a murder or voluntary manslaughter or
been an accessory before or after the fact to either such crime; or
Committed unlawful or malicious wounding that results in serious bodily injury to
the child, the child's other parent, to another child of the parent, or any other child
residing in the same household or under the temporary or permanent custody of
the parent; or
Committed sexual assault or sexual abuse of the child, the child’s other parent,
guardian, or custodian, another child of the parent, or any other child residing in
the same household or under the temporary or permanent custody of the parent;
or,
Has been required by state or federal law to register with a sex offender registry;
or
The parental rights of the parent to another child have been terminated
involuntarily.
Note: the CPS Social Worker can present to the court information about the acts of a
parent other than those described above and ask that the court consider these acts as
aggravated circumstances.
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When completing the Family Functioning Assessment on referrals alleging aggravated
circumstances or other situations not requiring reasonable efforts to prevent removal, the
CPS Social Worker must:
Follow the same rules and procedures for Family Functioning Assessments as
other assessments of suspected child abuse or neglect;
If the parent’s rights to previous children had been terminated, examine the
circumstances of the removal and termination to determine what actions, if any,
the parent has taken to remedy the circumstances which led to the prior
termination(s);
File a petition with the court detailing the conditions which would not require
reasonable efforts to prevent removal, what actions, if any, the parent has taken
to remedy the circumstances which led to the prior termination(s), as well as the
results of the Family Functioning Assessment and Safety Evaluation;
If the results of the Family Functioning Assessment indicate that the child/children
are safe but the judge orders Ongoing CPS Involvement, contact your Child
Welfare Consultant or Regional Program Manager in order to proceed with the
case.
4.28 Family Functioning Assessments Involving another Jurisdiction
For Family Functioning Assessments involving another state, the worker will:
Follow the same rules and procedures for Family Functioning Assessment as other
assessments of suspected child abuse or neglect, insofar as possible, documenting
any reasons for not following the established protocol;
Follow the plan that was established by the two jurisdictions for handling the case,
which may include a courtesy interview only. If so, the interview should be handled
within FACTS as a request to receive services. If the other state is conducting a
courtesy interview for this state, the information received should be used in the
appropriate elements for family functioning assessment.
The supervisor will:
Follow the same rules and procedure for Family Functioning Assessment as other
assessments of suspected child abuse or neglect, insofar as possible, documenting
any reason for not following the established protocol;
Assure that the plan that was established by the two (2) jurisdictions for handling the
case was followed;
Initiate any necessary arrangements to transfer the case to another jurisdiction, which
includes a telephone call or letter to the supervisor of the other jurisdiction, or to assure
that a referral to community services was completed.
For Family Functioning Assessment involving another county, the CPS Social Worker will:
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follow the same rules and procedures for Family Functioning Assessment as other
assessments of suspected child abuse or neglect, insofar as possible, documenting
any reason for not following the established protocol;
Follow the plan that was established by the two jurisdictions for handling the case,
which may include a courtesy interview only. Depending upon the case situation, it
may be necessary for both counties to work together to conduct a Family Functioning
Assessment. Workers may travel to another county to conduct an interview at the
discretion of the Supervisors involved. The decision should be made in consideration
of what will be the most effective manner for the child in which to conduct the
assessment. Generally, the child’s county of residence would be considered the
Ahome@ county and the county in which the alleged incident occurred would conduct
any necessary courtesy interviews, which means if both parents live in the same
county, but the abuse occurred in another county, the county where the child resides
would be the primary investigator;
If the parents live in separate counties, the county where the abusive caretaker
resides/county where abuse occurred would be the primary investigator;
A petition may be filed where the child resides, where the alleged abuse or neglect
occurred, where the custodial respondent or one of the other respondents resides, or
to the judge of the court in vacation. A petition may be filed in only one county.
4.29 Family Functioning Assessments Involving Certain Abandoned
Children (Safe Haven)
The West Virginia Code Chapter 49-4-201 mandates the acceptance of certain
abandoned children by hospitals or health care facilities, without court order. The statute
permits hospitals or health care facilities to take possession of a child if the child is
voluntarily delivered to the hospital or health care facility by the child’s parent within thirty
days of the child’s birth and the parent did not express intent to return for the child. The
hospital or health care facility may not require the parent to identify themselves and shall
respect the parent’s desire to remain anonymous. The hospital or health care facility must
notify CPS by the close of the first business day after the date the parent left the child,
that it has taken possession of the child. Any information provided by the parent shall be
given to CPS by the hospital or health care facility.
When a hospital notifies CPS that they have accepted custody of an abandoned child
within thirty days of the child’s birth, the CPS Social Worker will:
Not attempt to identify or contact the parent;
Follow the same rules and procedures for Family Functioning Assessment as other
assessments of suspected child abuse or neglect;
Initiate the filing of a petition alleging child abandonment pursuant to 49-4-601 and 49-
4-602;
Initiate placement of the child in emergency family care or foster/adopt care;
Gather information concerning the alleged maltreatment, nature and the child’s
condition and document the information in the appropriate Family Functioning
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Assessment Areas.
(Please review Foster Care Policy section 1.15 for more information concerning the court
process when a child has been abandoned)
4.30 Family Functioning Assessments Involving Child Custody
In matters involving both child custody and suspected child abuse or neglect, a Family
Court Judge or a Circuit Judge must report suspected child abuse or neglect to the DHHR
as mandatory reporters. They may also request that a written report be submitted of the
family functioning assessment. WV Chapter 49-2-802(c)(5) states that ...when any
matter regarding child custody is pending, the circuit court or family court judge may refer
allegations of child abuse and neglect to the local child protective service for investigation
of the allegations as defined by this chapter and require the local child protective service
to submit a written report of the investigation to the referring circuit court or family court
judge within the time frames set forth by the circuit court or family court judge.
WV Code 48-9-209 states that if either of the parents so requests, or upon receipt of
credible information, the court shall determine whether a parent who would otherwise be
allocated responsibility under a parenting plan: Has made one or more fraudulent
reports of domestic violence or child abuse: Provided, That a person’s withdrawal of or
failure to pursue a report of domestic violence or child support shall not alone be
sufficient to consider that report fraudulent.
If the court determines, based on the investigation described in part three of this article
or other evidence presented to it, that an accusation of child abuse or neglect, or
domestic violence made during a child custody proceeding is false and the parent
making the accusation knew it to be false at the time the accusation was made, the
court may order reimbursement to be paid by the person making the accusations of
costs resulting from defending against the accusations. Such reimbursement may not
exceed the actual reasonable costs incurred by the accused party because of defending
against the accusation and reasonable attorney's fees incurred.
If the court grants a motion pursuant to this subsection, disclosure by the Department of
Health and Human Resources shall be in camera. The court may disclose the party’s
information received from the department only if it has reason to believe a parent
knowingly made a false report.
For family assessments and safety evaluations involving child custody, the worker will:
Establish a plan to complete the Family Functioning Assessment within the time
frames set forth by the reporter;
Follow the same rules and procedures for Family Functioning Assessment as other
assessments of suspected child abuse or neglect;
prepare a written report as requested by the reporter outlining the identifying
information concerning the family, the allegations of maltreatment, the findings of
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maltreatment, the surrounding circumstances which accompany the maltreatment,
how the child functions on a daily basis, the disciplinary approaches used by the
parent, the overall parenting practices used by the parent, daily mental health
functioning and substance use by the parent and general adult functioning of the
parent. The report should indicate whether maltreatment occurred, whether there is
risk of future maltreatment to the child, any issues that influence the child’s safety and
the action taken regarding any necessary development and implementation of a safety
plan;
Submit the report to the circuit court or family law master within the specified time
frames;
Import the report/document from Word Perfect into FACTS and file within the file
cabinet to document compliance with the request from the circuit court or family court
judge.
The supervisor will:
Follow the same rules and procedures for Family Functioning Assessment as other
assessments of suspected child abuse or neglect;
Assure that the Family Functioning Assessment is completed within the specified time
frames;
Assure that a written report is prepared and submitted to the Circuit Court or Family
Court judge within the specified time frame;
Assure that the report is filed within FACTS.
4.31 Family Functioning Assessments Involving Allegations Made
During Infant Guardianship Proceedings
WV Code 44-10-3 allows suitable individuals to petition for guardianship of minor children.
If the basis for the Infant Guardianship petition is abuse and/or neglect, the Circuit Court
will hear the case.
If the Infant Guardianship petition is based upon abuse and/or neglect, the Department
will receive notice of the Infant Guardianship proceedings. This will serve as a mandatory
referral for CPS intervention. The Circuit Court may (discretionary with the court) enter an
administrative order for the Department to conduct a CPS investigation whereby CPS will
then have not more than 45 days to submit a report regarding the findings of the
investigation or appear before the circuit court to show cause why the report has not been
submitted. If the circuit court believes the child to be in imminent danger, the court may
shorten the time for the Department to act upon the referral and appear before the court.
This will occur using the Disposition of CPS Investigation Report for Family and Circuit
Court form. If an investigation was completed within 30-45 days of when this referral is
received, which contains the exact same allegations, a report on the prior
referral/investigation can be made to the court and the new referral screened as duplicate.
For Family Functioning Assessments involving Infant Guardianship proceedings, the
worker will:
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Follow the same rules and procedures for Family Functioning Assessments as other
assessments of suspected child abuse or neglect;
Provide a copy of the Disposition of CPS Investigation Report for Family and Circuit
Court form and a copy of the Family Functioning Assessment to the Family Court
Judge and the Circuit Court Judge within 45 days of receipt of referral, with a copy to
the Prosecuting Attorney.
The supervisor will:
Assure that the worker provides a copy of the Disposition of CPS Investigation Report
for Family and Circuit Court form and a copy of the family functioning assessment to
the Family and Circuit Courts within forty-five (45) days (or less if the allegations
involve imminent danger), with a copy to the Prosecuting Attorney.
After submission of the Disposition of CPS Investigation Report for Family and Circuit
Court, the Circuit Court Judge will review the assessment to determine whether CPS
intends to file a petition and if not, whether CPS should be ordered to file such a petition.
Specifically, the Judge will want to make sure that the Department addressed any alleged
circumstances that require that a petition to terminate parental rights is filed, or if certain
aggravated circumstances exist that require a petition to be filed. In other words, if CPS
substantiates any allegations that might require the filing of a petition to terminate parental
rights under West Virginia Code 49-4-604(c) such as abandonment or the murder of
another of the parent’s children, the court will consider whether the circumstances are
such that the duty to file a petition is essentially non-discretionary. If so, then CPS will be
ordered to file a petition. Or, if CPS substantiates any allegations which do not require
CPS to make reasonable efforts to preserve the family under West Virginia Code 49-4-
604(b)(7)(A) (aggravated circumstances), then the court will consider whether CPS has
acted arbitrarily and capriciously in deciding not to file a petition.
If, when the Circuit Court compares the referral to the investigation and finds that the
worker may be under a duty to file a petition but does not intend to do so, the Circuit Court
will enter a show cause order setting a hearing. The purpose of the hearing is to determine
whether a Writ of Mandamus should be issued, requiring the worker to file a petition.
The Show Cause Order will be circulated to the Community Services Manager. It will
require the worker to appear to show cause why he or she has decided not to file a petition
in view of substantiated allegations that come within West Virginia Code 49-4-604(c) or
49-4-604(b)(7)(A)
4.32 Family Functioning Assessments Involving Critical Incidents
Whenever a deceased or severely injured child has siblings, and the cause of the death
or injury of said child is suspected abuse and/or neglect, a Family Functioning
Assessment must occur. For these Family Functioning Assessments, the worker will:
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Contact the prosecuting attorney and the appropriate law enforcement official to
establish a plan for a joint investigation/assessment. The purpose of the contact is
to clarify roles, establish a means for communication and to share information. If
the prosecuting attorney and/or the law enforcement official declines to proceed
with a joint investigation/assessment, CPS must proceed as the sole entity
conducting the investigation/assessment. The failure of law enforcement or the
multi-disciplinary investigative team to investigate a report of suspected child
abuse or neglect does not relieve the DHHR from its responsibilities to protect
children;
The district is responsible for completion of the Initial Critical Incident Report;
The completed Initial Critical Incident Report shall be submitted within five days
from the date of intake via email through the chain of command including the Social
services Coordinator if applicable, the Community Services Manager, Regional
Director, Social Services Program Manager, Deputy Commissioner over Field
Operations, Commissioner, Director of Children and Adult Services (CAS), the
Director of the Division of Planning and Quality Improvement (DPQI) and the
Director of Social Service Programs (SSP);
Begin a Family Functioning Assessment immediately regarding any surviving
siblings or other children in the home or custody of the alleged maltreater;
Defer to the law enforcement investigation if there are no surviving siblings or other
children in the home or custody of the alleged maltreater. CPS may participate in
the investigation as part of the multi-disciplinary investigative team. If so, the
worker will complete the maltreatment and nature Family Functioning Assessment
areas only. The reason for the incomplete assessment will be indicated within
FACTS as child is deceased, unable to complete family functioning assessment;
Refer any inquiries from the news media to the Regional Director who will consult
with the Director of Communications within the DHHR Office of the Secretary about
how to respond;
Follow all other rules and procedures for Family Functioning Assessments as other
assessments of suspected child abuse or neglect, insofar as possible.
The supervisor will:
• Complete the Critical Incident Final Report when the investigation has been
completed. The report should be directed through the Field Operations Chain of
Command using the revised Critical Incident Final Report Form (SS-CPS-5A). The report
will be directed to the Community Services Manager to the Regional Director. The
Regional Director will share the report with the Regional Program Manager before
forwarding it to the Deputy Commissioner of Field Operations and the Commissioner.
In all incidents of a child fatality where the Department has been involved, either through
a Family Functioning Assessment or an open case, the fatality shall be reported through
the Field Operations Chain of Command, as cited above and in CPS Policy Section 3.12
Reports Involving Critical Incidents. It shall be the decision of the Deputy Commissioner
and the Commissioner to institute an internal Critical Incident Review. If a Critical Incident
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Review is initiated, the Assistant Commissioner of the Office of Planning and Quality
Improvement shall initiate the following procedure:
The Assistant Commissioner of Planning and Quality Improvement will
name a team of experts to assist in the review. The team shall consist of:
Assistant Commissioner of Planning and Quality Improvement; one
Regional Program Manager who is NOT from the region involved in the
review; one Program Manager or designee from the Office of Children and
Adult Services Policy Unit; the Director of RAPIDS; at least two Social
Services Program Review staff from the Office of Planning and Quality
Improvement;
The Deputy Commissioner will notify the affected District of the intent to
review;
A record review of the case will be conducted in FACTS;
A conference call will be scheduled among the team members to discuss
the Department's documented involvement, as well as to solicit expertise
from the team regarding review content;
Interview with pertinent parties will be scheduled;
The Office of Planning and Quality Improvement will conduct the interviews
and gather other significant documentation;
Staff from the Office of Planning and Quality Improvement will meet to
debrief the findings of the review;
A written report will be submitted to the Deputy Commissioner and the
Commissioner.
At all points during the review, conflicts of interest will be avoided. It shall be the intent of
the review procedure to involve personnel who have no vested interest in the case being
reviewed. All participants in the review are required to keep the information confidential
and to divulge information only in the interest of completing the review.
A database of all child fatalities will be maintained by the Office of Planning and Quality
Improvement.
When a child dies due to alleged maltreatment and there are no other children in the
household, the CPS caseworker will complete a Family Functioning Assessment and
gather information related to the maltreatment and surrounding circumstances. The CPS
caseworker does not have to interview the alleged maltreater when there is sufficient and
credible information from other sources (e.g., medical personnel, law enforcement) to
provide the basis for making a maltreatment finding determination. Critical information
about child deaths due to maltreatment and alleged maltreater should be recorded in
FACTS. Again, Maltreatment Findings should be documented in FACTS in the event a
parent/caregiver applies for licensure of a day care or foster care facility or has future
children. If there is sufficient information that a child has died due to an accident or natural
causes, only the maltreatment and nature sections need to be completed. The worker
must document contacts as well as any supporting documentation.
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4.33 Family Functioning Assessments Medical Neglect of a Disabled
Child (Baby Doe)
For family functioning assessments and safety evaluations involving disabled infants or
children with life-threatening conditions, including any infant who is born alive at any stage
of development, the worker will:
Follow the same rules and procedures for Family Functioning Assessments as other
assessments of suspected medical neglect, insofar as possible;
Contact the hospital or appropriate medical personnel to coordinate interviews and
information-gathering, including the obtaining of medical records;
Contact the medical personnel and any other relevant persons who can provide the
information necessary to evaluate the alleged medical neglect. If the child is in a
hospital and there is a designated hospital liaison for these cases, then that person
should be contacted. If the hospital has a review committee and a meeting regarding
this child has taken place or one is scheduled, then contact should be made with the
review committee chairperson or designee. If there is not a designated hospital
representative, or review committee, contact the child’s physician and other persons
involved in the child’s treatment and/or the hospital social services unit. In many
instances, the hospital pediatric social worker will serve as a liaison to the DHHR;
Contact the prosecuting attorney for assistance in gaining access to medical records,
if access is denied;
Attempt to gather the following information:
the child’s physical condition;
seriousness of the current health problem;
probable medical outcome if the current health problem is not treated and the
seriousness of that outcome;
generally accepted medical benefits of the prescribed treatment;
generally recognized side effects/harms associated with the prescribed treatment;
the opinions of the Infant Care Review Committee (ICRC) or the Hospital Review
Committee (HRC), if the hospital has one;
The parent’s knowledge and understanding of the treatment and the probable
medical outcome;
Arrange for a consultation with another physician not associated with the case, if
indicated, to gain an independent opinion and recommendation;
Determine whether medically indicated treatment, including appropriate nutrition,
hydration or indicated medication was withheld from the child;
Determine whether immediate action is necessary to assure that the child receives
medically indicated treatment. If the parent is unable or unwilling to consent for
medically indicated treatment, including appropriate nutrition, hydration or
indicated medication, initiate the filing of a petition alleging child neglect.
The supervisor will:
Assure that the protocol for handling family functioning assessments involving
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disabled infants or children with life-threatening conditions was followed;
Follow the same rules and procedures for family functioning assessments as other
assessments of suspected medical neglect, insofar as possible.
4.34 Family Functioning Assessments Involving Domestic Violence
For family functioning assessments when domestic violence is reported or when domestic
violence is identified during the completion of the Family Functioning Assessment, the
CPS Social Worker will:
Plan for his/her own safety; (i.e. when interviewing the alleged maltreater/ batterer,
have another child welfare worker or police present. See policy section 4.25 Personal
Safety);
Consider the safety of all family members when structuring interviews. Make
reasonable efforts to interview household members separately. If domestic violence
is indicated, the adult victim must be interviewed the same day as the children;
Gather information about the domestic violence and its association to present or
impending danger to the child in separate interviews with the adult victim of domestic
violence;
When possible, check with magistrate and family court to see if a protection order has
been issued to this family;
If present dangers exist, develop a protection plan with the adult victim before leaving
the interview. The protection plan must include referral information about services
provided by a licensed domestic violence program;
If there is extreme danger for the adult victim and the children have learned to survive
by identifying with the maltreater/batterer (i.e., cannot keep confidentiality from the
alleged maltreater/batterer), then direct questioning of the children may be postponed
until safety can be achieved. This same thinking applies to interviewing the alleged
maltreater/batterer. If an adult victim is fearful of the consequences of questioning the
alleged maltreater/batterer, then it should not be done until safety can be achieved.
Safety always comes first;
If present danger exists due to domestic violence, begin protection planning
immediately.
If domestic violence is occurring in the family, provide the adult victim with written
information about his/her rights and about local domestic violence programs such as
hotline, shelter, counseling and advocacy services. Services should be offered even
if the client chooses to remain in the relationship. Explore with the adult victim what
safety measures work best for her/his situation.
Do not force a victim of domestic violence to select any one option for safety.
Coordinate with resources for battered adults, (e.g., the local domestic violence
shelter and outreach programs). Involve an advocate from the domestic violence
program as soon as possible.
CPS Social Workers must be careful to not confuse violence caused by substance
abuse, drug manufacturing/sales or mental illness as domestic violence; however,
both types of violence can result in a child being in present or impending danger. The
CPS Social Worker should consult the “Power and Control Wheel” for clarification, as
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well as the operational definition of domestic violence.
Remember that the adult victim is often more afraid of the batterer than of anything
else. Being aware of this dynamic and confronting it in a supportive manner will
ensure correct identification of the problems.
Avoid blaming the adult victim for the violence committed by others.
Provide information to the adult victim about legal and emergency service alternatives
for protection.
Present options that are available to the adult victim, which may include contacting
the police department or prosecuting attorney’s office to initiate legal proceedings.
Respond to the safety needs of all victims in the family.
If the non-maltreating parent is agreeable, a domestic violence petition can be filed in
magistrate court requesting a protective order. The worker will assist the non-
maltreating parent with the process. In no way, however, should the worker force the
adult victim to file a domestic violence petition and/or threaten to remove the child if
one is not obtained. A domestic violence protective order is not the only option and
does not guarantee safety. A non-maltreating parent/ adult victim’s willingness to
seek a protective order in no way relieves the worker of his/her responsibility
for protecting children under the language of Chapter 49.
If obtaining a domestic violence protective order is included in the temporary
protection plan or in-home safety plan, the CPS Social Worker must:
Notify in writing the Family Court Judge advising them that CPS is involved with
the family and obtaining a domestic violence protective order is part of the in-home
safety plan and/or protection plan;
Mail a copy of the protection plan and/or in-home safety plan to the Family Court
Judge and advise the court that you can be available to testify in person or by
phone;
Attend the domestic violence protection order hearing or testify by phone if
requested by the Family Court Judge.
Consider Temporary Protection Plans or Safety Plans that preserve the unity of the
child and the non-maltreating parent/adult victim if the child’s safety can be assured.
Court intervention is likely to be necessary to protect the child and the non-maltreating
parent. This can be achieved by the filing of a co-petition in Circuit Court by the DHHR
and the non-maltreating parent, requesting custody be retained by the non-maltreating
parent. In appropriate cases, a co-petition under Chapter 49, brought by both CPS
and the non-maltreating parent/adult victim may offer greater protection for both the
adult victim and the children. For the worker to file a co-petition, the worker must
consult with the Prosecuting Attorney to ensure this is the best approach. For co-
petitions to work effectively, it is best that both the Department and the co-petitioner
agree regarding the approach to be taken. The language of the co-petition should
employee specific language to preclude the maltreating parent from living in the home
or having contact with the child. (See WV Code 49-4-602). A co-petitioning parent will
be appointed separate counsel. Rule 17 (a) of The West Virginia Rules of Practice
and Procedure for Child Abuse and Neglect states that "If one of the petitioners is a
parent, then that parent shall be appointed counsel pursuant to WV Code 49-4-602,
separate from the prosecuting attorney."
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If a co-petition is not feasible, but an abuse/neglect petition is filed in circuit court by
the CPS Social Worker, a no fault finding of “battered parent” may be applied to the
non-maltreating parent during court proceedings. The language of the co-petition
should employ specific language to preclude the maltreating parent from living in the
home or having contact with the child, outside a court-sanctioned visitation plan. (See
WV Code 49-4-602(a).
If the adult victim is not ready or able to accept services and/or the dangerousness of
the alleged maltreater/batterer renders services insufficient to protect children from
the threat to child safety, explore other options in consultation with the supervisor. The
CPS Social Worker should consult with a domestic violence advocate for guidance in
helping develop a safety plan with the non-maltreating parent/adult victim of domestic
violence. Domestic Violence Advocates are experts in assisting with Safety Planning
for adult victims and can be a valuable resource for CPS Social Workers.
If the adult victim presents as severely depressed, assess carefully for suicidal
ideation. Does s/he present as passive and cooperative, yet nothing changes in the
home? Depression is symptomatic of trauma and may not subside until safety is
achieved. Interventions and services should be decided in partnership with the adult
victim to promote a personal sense of competence and power.
In completing the Family Functioning Assessments in FACTS, the worker must:
Document the presence of domestic violence in the maltreatment, nature and adult
general functioning in the Family Functioning Assessment areas;
Identify the batterer as the maltreater;
Avoid identifying the adult victim as the maltreater (see above);
Follow all other rules and procedures for Family Functioning Assessments as other
assessments of suspected child abuse or neglect.
The supervisor will:
Assure that the Family Functioning Assessment is completed with due consideration
of all the dynamics related to domestic violence;
Follow all other rules and procedures for Family Functioning Assessment as other
assessments of suspected child abuse or neglect.
4.35 Family Functioning Assessments Involving Allegations Made
During Domestic Violence Protective Order Proceedings
For Family Functioning Assessments involving allegations made during domestic
violence protective order proceedings, the CPS Social Worker will:
Establish a plan to complete the Family Functioning Assessment;
follow the same rules and procedures for Family Functioning Assessment as outlined
in CPS policy section 4.32 Family Functioning Assessments Involving Domestic
Violence;
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Provide a copy of the Disposition of CPS Investigation Report for Family and Circuit
Court form and a copy of the Family Functioning Assessment to the Circuit Court
within forty-five (45) days (or less if the allegations involve imminent danger). If the
worker and supervisor do not file the report to the Circuit Court within forty-five
(45) days (or less if the allegations involve imminent danger), the hearing that
was set when the administrative order was written will occur. CPS will be
required to attend this hearing to discuss the investigation findings and why a
report was not made to the court within the forty-five (45) day (or less) time
period.
The supervisor will:
Follow the same rules and procedures for Family Functioning Assessment as outlined
in CPS policy section 4.33 Family Functioning Assessments Involving Domestic
Violence;
Assure that the Family Functioning Assessment is completed within the specified time
frames;
Assure that the worker provides a copy of the Disposition of CPS Investigation Report
for Family and Circuit Court form and a copy of the Family Functioning Assessment
to the Family and Circuit Court within forty-five (45) days (or less if the allegations
involve imminent danger), with a copy to the Prosecuting Attorney. If the worker and
supervisor do not file the report to the Circuit Court within forty-five (45) days
(or less if the allegations involve imminent danger), the hearing that was set
when the administrative order was written will occur. CPS will be required to
attend this hearing to discuss the investigation findings and why a report was
not made to the court within the forty-five (45) day (or less) time period;
If a Family Functioning Assessment was completed within 30-45 days of when this
referral is received, which contains the exact same allegations, a report on the prior
referral/investigation can be made to the court and the new referral screened as
duplicate.
After submission of the Disposition of CPS Investigation Report for Family and Circuit
Court, the Circuit Court Judge will review the investigation to determine whether CPS
intends to file a petition and, if not, whether CPS should be ordered to file such a petition.
Specifically, the Judge will want to make sure that the Department addressed any alleged
circumstances that require that a petition to terminate parental rights is filed, or if certain
aggravated circumstances exist that require a petition to be filed. In other words, if CPS
substantiates any allegations that might require the filing of a petition to terminate parental
rights under West Virginia Code 49-604(c) such as abandonment or the murder of another
of the parent’s children, the court will consider whether the circumstances are such that
the duty to file a petition is essentially non-discretionary. If so, then CPS will be ordered
to file a petition. Or, if CPS substantiates any allegations which do not require CPS to
make reasonable efforts to preserve the family under West Virginia Code 49-4-
604(b)(7)(A) (aggravated circumstances), then the court will consider whether CPS has
acted arbitrarily and capriciously in deciding not to file a petition.
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If, when the Circuit Court compares the referral to the investigation and finds that the
worker may be under a duty to file a petition but does not intend to do so, the Circuit Court
will enter a show cause order setting a hearing. The purpose of the hearing is to determine
whether a Writ of Mandamus should be issued, requiring the worker to file a petition.
The Show Cause Order will be circulated to the Community Services Manager. It will
require the worker to appear to provide show cause why he or she decided not to file a
petition in view of substantiated allegations that come within West Virginia Code 49-
604(c) or 49-4-604(b)(7)(A).
4.36 Family Functioning Assessments Involving Parents Knowingly
Allowing Abuse and/or Neglect
In years past, many child welfare professionals have used the term “failure to protect” as
a catch-all phrase to describe parents whose children were abused by other individuals,
regardless of actions that may or may not have been taken; regardless of whether the
parent knew or didn’t know the abuse was occurring; regardless of whether that parent
was a victim of domestic violence or not. The legal standard for this concept, however, is
“Knowingly Allows” and was written into statute to better define an omission of parental
protective action.
When staff encounters parents, who are not the actual maltreater, but are perhaps the
spouse, paramour or neighbor of the abusive individual, there may be an immediate
inclination to place blame on the “non-abusive” parent. Sometimes this assignment of
culpability is accurate, but other times it is not. There are specific criteria that must be
used when determining whether a parent is responsible for abuse that is perpetrated
against his or her child by another person. The CPS worker must use direct interviewing
questions during the Family Functioning Assessment to determine the family dynamics
at play.
For Family Functioning Assessments involving parents who knowingly allow abuse and/or
neglect, the worker will:
Follow the same rules and procedures for Family Functioning Assessments as other
assessments of abuse and/or neglect;
Determine whether there is domestic violence within the family dynamics. If the worker
finds the presence of domestic violence, s/he cannot find that the non-abusive parent
“knowingly allowed” the abusive behavior unless the non-abusing parent did not take
any steps to protect the child that were reasonable given the threat posed by the
batterer to the non-abusing parent. The worker must approach completing the Family
Functioning Assessment as outlined in CPS policy section 4.33 Family Functioning
Assessments Involving Domestic Violence. (See Supreme Court of Appeals Decision
in Regarding Betty J.W., 1988);
In non-domestic violence cases, consider the following when assigning a
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maltreatment rating of “knowingly allows abuse and/or neglect”. At least one must be
present to make a finding of abuse or neglect;
A parent should have known his or child was being abused and/or neglected-It may
be difficult, at first, for staff to determine whether a parent could have known that his
or her child was being abused or neglected. To use this finding, the worker must find
sufficient evidence that the parent was presented with information that would have led
him or her to know. For example: A parent tells the worker that s/he didn’t know his/her
son was being sexually abused by an older sibling, yet the children disappeared for
several hours at a time; the abused child told his mother that he hated his older sibling
and wished he would die; and the abused child was acting out sexually toward other
children. When determining if a parent should have known, the worker will need to
employ very specific questioning of the child’s behaviors or symptoms of the abuse;
who the child may have told about the abuse or how they told of the abuse. Often,
children may not tell anyone in an actual disclosure but may hint or tell stories. Other
children may never say a word, but their behavior changes drastically;
The parent knew but took no action to prevent or stop the abuse- The worker must
find that this parent supported and/or condoned the abusive behavior. For example:
A child is routinely spanked with a belt, leaving marks. When the non-maltreating
parent is questioned, s/he states that the child does not respond to verbal correction
and is out-of-control; that this form of discipline is the only thing that works;
The parent supports the maltreating parent’s explanation of the abuse, but the
evidence suggests that the abuse did not occur in the fashion that is described- The
worker must determine, sometimes with the assistance of a medical professional, that
the abuse could not have occurred according to the parents’ explanation. For
example: A child is presented at the ER with a broken arm. The father states that the
child fell out of bed while he was reading a bedtime story. However, the attending
physician states that the injury is a spiral fracture and could not have occurred in any
other way than a twisting motion. The mother is and remains adamant that her
husband could not have injured their son;
Both parents refuse to identify the abuser, and/or both deny that the abuse has
occurred- The worker must determine if the parents really do not know what has
occurred (see section a- Parent should have known) or are simply covering for one
another or someone else. The worker will need to use the child’s statement, if
possible, as well as other collateral information. For example: A child is admitted
to the hospital for high fever and vomiting. Blood work reveals that the child is
infected with an STD. Blood work conducted during previous medical exams reveal
that the child was not infected in the past. Both parents deny that the child has
been sexually abused but refuse to disclose the names of individuals with whom
the child has spent time.
Choose the “Maltreatment Type” that the parent/caregiver knowingly allowed to occur
if one of the above-listed criterion has been met. The substantiation of maltreatment
will be assigned to this parent/caregiver, as another maltreatment type would be
assigned for the parent/caregiver perpetrating other form(s) of abuse and/or neglect;
include “knowingly allowing abuse and/or neglect” in the petition, as well as the other
forms of abuse and/or neglect that were substantiated, if the worker must file a petition
to either compel compliance with CPS recommendations, or to remove the children
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from the parent(s)’ custody.
4.37 Family Functioning Assessments Involving Allegations Made
During Divorce/Custody Proceedings
Rule 47 of the West Virginia Rules of Practice and Procedure for Family Court requires
the Family Court to report to CPS whenever allegations of child abuse and/or neglect
arise during divorce and/or custody proceedings in Family Court.
When these allegations arise, the Family Court will send a written report to CPS, the
Circuit Court and to the Prosecuting Attorney. The Circuit Court will then enter an
administrative order to the Department, ordering an investigation and a report back within
forty-five (45) days (or less if the allegations involve imminent danger). The Circuit Court
will also set a date for a hearing regarding the investigation report. DHHR can avoid this
hearing if (a) the CPS worker/supervisor files the report within forty-five (45) days (or less
if the allegations involve imminent danger, or (b) the CPS worker/supervisor files a
petition.
For family assessments and safety evaluations involving divorce/custody proceedings,
the worker will:
Establish a plan to complete the Family Functioning Assessment;
Follow the same rules and procedures for Family Functioning Assessment as other
assessments of suspected child abuse or neglect;
Provide a copy of the Disposition of CPS Investigation Report for Family and Circuit
Court form and a copy of the Family Functioning Assessment to the Family and Circuit
Court within forty-five (45) days (or less if the allegations involve imminent danger),
with a copy to the Prosecuting Attorney. If the worker and supervisor do not file
the report to the Circuit Court within forty-five (45) days (or less if the allegations
involve imminent danger), the hearing that was set when the administrative
order was written will occur. CPS will be required to attend this hearing to
discuss the family functioning assessment findings and why a report was not
made to the court within the forty-five (45) day (or less) time period;
If a Family Functioning Assessment was completed within 30-45 days of when this
referral is received, which contains the exact same allegations, a report on the prior
referral/Family Functioning Assessment can be made to the court and the new referral
screened as duplicate.
The supervisor will:
Follow the same rules and procedures for Family Functioning Assessment as other
assessments of suspected child abuse or neglect;
Assure that the Family Functioning Assessment is completed within the specified time
frames;
Assure that the worker is prepared for the court appearance and that proper ASO
referrals have been made, if necessary;
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Assure that the worker provides a copy of the Disposition of CPS Investigation Report
for Family and Circuit Court form and a copy of the Family Functioning Assessment
to the Circuit Court within forty-five (45) days (or less if the allegations involve
imminent danger). If the worker and supervisor do not file the report to the Circuit
Court within forty-five (45) days (or less if the allegations involve imminent
danger), the hearing that was set when the administrative order was written will
occur. CPS will be required to attend this hearing to discuss the findings and
why a report was not made to the court within the forty-five (45) day (or less)
period.
After submission of the Disposition of CPS Investigation Report for Family and Circuit
Court, the Circuit Court Judge will review the investigation to determine whether CPS
intends to file a petition and, if not, whether CPS should be ordered to file such a petition.
Specifically, the Judge will want to make sure that the Department addressed any alleged
circumstances that require that a petition to terminate parental rights is filed, or if certain
aggravated circumstances exist that require a petition to be filed. In other words, if CPS
substantiates any allegations that might require the filing of a petition to terminate parental
rights under West Virginia Code 49-604(c), such as abandonment or the murder of
another of the parent’s children, the court will consider whether the circumstances are
such that the duty to file a petition is essentially non-discretionary. If so, then CPS will be
ordered to file a petition. Or, if CPS substantiates any allegations which do not require
CPS to make reasonable efforts to preserve the family under West Virginia Code 49-4-
604(b)(7)(A) (Aggravated Circumstances), then the court will consider whether CPS has
acted arbitrarily and capriciously in deciding not to file a petition.
If, when the Circuit Court compares the referral to the investigation and finds that the
worker may be under a duty to file a petition but does not intend to do so, the Circuit Court
will enter a show cause order setting a hearing. The purpose of the hearing is to determine
whether a Writ of Mandamus should be issued, requiring the worker to file a petition. The
Show Cause Order will be circulated to the Community Services Manager. It will require
the worker to appear to provide show cause why he or she decided not to file a petition
in view of substantiated allegations that come within West Virginia Code 49-604(c) or 49-
4-604(b)(7)(A).
4.38 Investigations Involving Informal, Unlicensed/Unregistered Child
Care Settings
Reports of suspected child abuse or neglect in informal, unlicensed/unregistered child
care settings are assessed in a different manner than reports of suspected child abuse
or neglect in intra-familial settings. The Family Functioning Assessment of suspected
child abuse or neglect in intra-familial settings focuses on assessing the presence of
threats to child safety, the promotion of family preservation when the safety of the child
can be maintained and the provision of safety services to prevent family disruption.
Family Functioning Assessments involving private family child care settings are not
focused on family functioning and family preservation and for that reason; the Family
Functioning Assessment process are not used for assessing suspected child abuse and
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neglect in these “out-of-home” settings. The worker will not complete the family
functioning assessment. The process used for these investigations is one that focuses on
the determination of whether maltreatment occurred.
For investigations involving informal, unlicensed/unregistered child care settings, the
worker will:
Review the report and all previous reports, records, and documentation on the
facility/provider which are relevant to CPS. Develop a plan for completion of the
investigation, considering the response time indicated at intake. It is the position of the
DHHR that the choice of the site of the interviews and who is present during an
interview is left to the discretion of the CPS staff;
Contact law enforcement, the prosecuting attorney or the medical examiner if the
report involves serious physical injury, sexual abuse, sexual assault or death of a
child, to coordinate any arrangements for a joint investigation. If the prosecuting
attorney and/or law enforcement official declines to proceed with a joint
investigation/assessment, CPS must proceed as the sole entity conducting the
investigation. The failure of law enforcement or the multi-disciplinary investigative
team to conduct an investigation of reports of suspected child abuse or neglect does
not relieve the DHHR of its responsibilities to protect children.
In completing the investigation, the worker will:
Make face-to-face contact with the identified child(ren) in the time indicated as the
response time on the intake. If unable to do this, the worker must document the
reasons in FACTS;
Privately interview all parties in the following order: (this means separate, private
interviews for all parties.)
identified child(ren)
other witnesses, including other children in the facility/home
employees
administrative personnel (if applicable)
maltreater
any other collaterals, as appropriate
Ask the parties if they are represented by legal counsel. If the parties are represented
by legal counsel, then the worker should not continue the interview without first
obtaining the permission of counsel to do so. If permission to conduct the interview is
denied, then the worker will discuss this situation with their supervisor. Once the
supervisor has reviewed this situation, the supervisor or the worker must contact the
prosecuting attorney or regional attorney for consultation on how to gain access so
that the parties may be interviewed;
There is no requirement that interviews with children or with maltreaters be audio or
video taped. However, some local multi-disciplinary investigative teams have found
audio or video taping interviews to be effective in reducing the number of times that a
child is interviewed, especially when there are criminal allegations as well as civil
allegations of child abuse or neglect. Local MDT’s are encouraged to become
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informed about the advantages and disadvantages of audio and video taping of
interviews. If the team decides to use either audio or video taping as part of their MDT
protocol, then the DHHR may participate. It is recommended that the tapes become
part of the criminal investigative file to be located with the law enforcement agency
records, and not with CPS records maintained by the DHHR;
Document the sources of information;
Determine whether maltreatment occurred, utilizing the legal and operational
definitions for child abuse or neglect.
When completing the interviews, the worker will attempt to specifically gather information
in the following areas:
The types of maltreatment apparent; this includes all types of maltreatment, physical
abuse, sexual abuse, emotional abuse and neglect. Include any physical description
of maltreatment;
The surrounding circumstances which accompany the maltreatment; this should
always include the explanation of the circumstances related to the alleged
maltreatment;
(Note: although the setting of the investigation is different from an intra-familial family
functioning assessment and safety evaluation, the basic format and techniques for
interviewing which are taught in training still apply.)
Indicate whether maltreatment occurred;
Complete the investigation within thirty (30) days of the receipt of the report, unless
extenuating circumstances prevent the completion. If so, request the approval of an
extension from the supervisor;
Transmit the investigation to the supervisor for review and approval.
The supervisor will:
Notify the informal child care provider, if different than the maltreater, in writing, of the
findings and recommendations resulting from the investigation (the alleged maltreater
will receive an automatically-generated letter regarding the disposition of the
investigation);
Assure that the informal child care provider’s notification letter is imported into the
FACTS file cabinet to document that notification has been made;
Contact the child victim’s parent or appointed counsel (guardian ad litem) to explain
the allegations made, the findings of the investigation and the outcomes. If there are
other children within the informal provider’s home that may be unsafe, notify the
parents of those children and inform them of the allegations, the findings of the
investigation and the outcomes, without revealing any confidential identifying
information. It is expected that parents will make alternative child care arrangements.
Investigation of informal child care providers will not be opened for on-going CPS.
For assessments of suspected child abuse or neglect involving group residential and
foster family settings and child care center settings, please refer to the IIU policies
INVESTIGATIONS INVOLVING INSTITUTIONAL INVESTIGATIVE UNIT (IIU) AND
CHILD MALTREATMENT IN GROUP RESIDENTIAL AND FOSTER FAMILY SETTINGS
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and INVESTIGATIONS INVOLVING INSTITUTIONAL INVESTIGATIVE UNIT (IIU) AND
CHILD CARE CENTER SETTINGS.
4.39 Family Functioning Assessments Involving Non-Custodial
Parents
For family assessments and safety evaluation involving a non-custodial parent, the
worker and the supervisor will:
Follow the same rules and procedures for Family Functioning Assessments as other
assessments of suspected abuse or neglect by a custodial parent. Maltreatment and
safety will be evaluated with the child in the Afield@ with the maltreating non-custodial
parent.
4.40 Family Functioning Assessments Involving Substance Use or
Abuse
For family assessments and safety evaluations involving parents who are using legal or
illegal substances, alcohol or prescribed medication including, Methadone, Suboxone,
Subutex or any other medication used to treat addiction the worker will:
Assess the physical appearance of the parent such as pupil size, lack of attention
to hygiene;
Assess the behavior of the parent including unstable gate, slurred speech, fatigue;
Assess the living environment for cleanliness, lack of food, lack of utilities, items in
the home being sold, drug paraphernalia, abundance of prescribed medications;
Talk with additional collaterals such as extended family, neighbors, and LE;
Ask the children additional questions about their parents taking medicine, giving
themselves shots, sleeping during the day or being hard to wake up, etc.;
Observe and address sleeping arrangements of young children in a parental
substance abuse referral;
Educate the family about safe sleep practices for infants and children and
document in FACTS.
Follow the same rules and procedures for Family Functioning Assessments as
other assessments of suspected abuse or neglect.
Not all referrals alleging parental substance use/abuse result in a finding of a drug
affected-infant however, parental substance use/abuse may still be creating an
unsafe environment for an infant. Some cases will need to be opened for abuse
or neglect due to parental substance use even though the child is not identified as
drug-affected.
Drug-Affected infants:
Substance abuse may be identified at various stages throughout the investigative process
and it can affect safety in various ways. However, the purpose of this section will include
a focus on reports received from medical staff or hospital social workers acting on
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behalf of medical staff on children under the age of one year who test positive or
exhibit withdrawal symptoms due to legal or illegal substances or alcohol or prescribed
medication (including drugs used to treat addiction).
Once the referral is assigned to the district, the Investigative Worker will review the
family’s available records and history of past involvement with the Department of
Health and Human Resources, this includes other adults that would be considered
caregivers and residing in the household;
CAPTA requires that children identified as being drug-affected have a Plan of Safe
Care.
If the assessment indicates a case should be opened, the PCFA and Family Case
Plan will become the Plan of Safe Care.
Since most children are released within twenty-four (24) hours of birth, the
Investigative worker must meet face to face with the infant and infant’s family to
begin the assessment and implement a Protection Plan if needed. Child Protective
Service Worker should obtain identifying information about the father. Hospital
Staff should be asked if paternity declaration was established;
The Child Protective Services Worker should thoroughly assess the family,
gathering information from the parents, and other pertinent collaterals. Suggested
collaterals are, but should not be limited to; hospital staff, social worker,
pediatrician, drug counselors, therapist and teachers. Both, mother and child(ren)
records from the hospital should be obtained. This could include toxicology reports
and withdrawal scores of the infant, and nurses/doctors progress notes.
The Child Protective Services Worker will child safety and determine if
maltreatment has occurred. If maltreatment occurred and no other safety items are
identified, a case will be opened and the PCFA and Family Case Plan completed,
and appropriate services put in place to address the drug use and/or any other
contributing factors;
It is important for the worker to obtain information about the parents’ interaction
with the infant and any relevant statements the parents revealed to staff about the
ability to properly care for the child(ren);
Upon the child’s discharge from the hospital, the Child Protective Services Worker
should visit the family’s home to assess for safety and continue the assessment
process. The worker should consider the parent’s preparedness for the child as
evidenced by the presence of adequate baby supplies, sleeping arrangements and
intentions/beliefs the parents have regarding sleeping arrangements should also
be discussed with all caregivers;
During the assessment process, it is important to assess the caretakers/parent’s
ability to parent the child(ren), and if the caretakers/parents have made strides to
correct the substance abuse issues. This could include what methods of treatment
intervention the parent chose, and compliance with those treatments.
If it is determined through the assessment process that the child is not safe,
In situations where the mother has been prescribed medication due to a physical
illness or mental illness, including medications to treat addiction, it is very important
for the Child Protective Service Worker to:
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Obtain documentation from the prescribing physician about the mother’s illness
and maintenance of the medication;
Obtain records from the Obstetrician to determine the mother’s cooperation with
pre-natal appointments and to determine if the mother consulted about the effects
of the medications. This will help to determine if the mother did what was in the
best interest of her child;
It is important to assess if the mother has taken the medication as advised by a
physician.
For Example: A mother is in a severe car wreck while pregnant and
has several surgeries due to injuries. She takes medication as
prescribed by her physician. Upon delivery, a safety plan/protection
plan may not need to be developed. A full assessment should be
completed to determine her ability to parent is not compromised.
In situations where the Department has knowledge of a drug affected infant, a referral to
Birth to Three must be initiated and clearly documented.
As indicated, all Drug-Affected infants require a Plan of Safe Care according to CAPTA
but not all infants identified as drug-affected are maltreated. An assessment needs to be
completed to make that determination.
For those infants who need a Plan of Safe Care because they are identified as drug-
affected (less than one year of age, test positive or show withdrawal symptoms and the
referral is from medical source), and if the assessment indicates a case should be opened
(maltreatment has occurred and/or Impending Danger has been identified), the PCFA and
Family Case Plan is their Plan of Safe Care.
If the assessment determines that there is a drug-affected infant but there is no
maltreatment finding and no safety concerns or Impending Dangers identified, a case will
be opened and the PCFA Family Case Plan will be completed. Again, the PCFA and
Family Case Plan will be considered the Plan of Safe Care. The case should be evaluated
every 90 days to determine if it can be closed.
For Example: An expecting mother is prescribed Xanax for a few
weeks following the death of a parent. She is taking the medication
as prescribed. She is not diagnosed with any long-term depression
or anxiety at this time. The infant tests positive for benzodiazepines
and is now considered to be drug-affected. The hospital makes a
CPS referral. The FFA worker finds that the mother has no other
drug use or CPS history, the medication is short term, she is using it
as prescribed, and the medication does not affect her ability to care
for her infant. No maltreatment has occurred. No Impending Dangers
were identified. A CPS case must be open in order to put the Plan of
Safe Care is place. The completed PCFA along with the Family Case
Plan now becomes the Plan of Safe Care.
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Comprehensive Addiction and Recovery Act (CARA)- The Comprehensive Addiction
and Recovery Act (CARA) establishes a comprehensive, coordinated, balanced strategy
through enhanced grant programs that would expand prevention and education efforts
while also promoting treatment and recovery.
On July 22, 2016, President Obama signed into law the Comprehensive Addiction and
Recovery Act (P.L. 114-198). This is the first major federal addiction legislation in 40
years and the most comprehensive effort undertaken to address the opioid epidemic,
encompassing all six pillars necessary for such a coordinated response – prevention,
treatment, recovery, law enforcement, criminal justice reform, and overdose
reversal. While it authorizes over $181 million each year in new funding to fight the opioid
epidemic, monies must be appropriated every year through the regular appropriations
process in order for it to be distributed in accordance with the law.
Sec. 503 of CARA – Infant Plan of Safe Care: Requires Health and Human
Services to produce information concerning best practices on developing plans for
the safe care of infants born with substance use affects or showing withdrawal
symptoms. This section also requires that a State plan address the health and
Substance Use Disorder treatment needs of the parents, among others.
Plan of Safe Care
A Plan of Safe Care is not to be viewed concretely, as a singular document. It is fluid and
functions on a continuum. It will change as the needs of the child and family change. Our
responsibility is to complete an assessment after the receipt of the referral when the child
is born drug-affected, determine the needs of the family and provide the appropriate
services.
If the child is born testing positive or suffers withdrawal from substances used during
pregnancy, the child is drug-affected. If maltreatment is substantiated or an impending
danger identified, a case will be opened, needs will be identified, and services will be put
in place to address those needs of the child and family. Needs will vary from family to
family, but Child Abuse Prevention and Treatment Act requires that we address
substance use disorders, other mental health needs and the medical needs of the infant.
A Plan of Safe Care will be documented in our normal case work process. It will be
reflected in Protection Plans, Petitions, Safety Plans, Treatment Plans and Service Logs.
The work we already do will reflect the Plan of Safe Care. Examples of interventions that
may be necessary include but are not limited to:
Protection Plan
Safety Plan
o ASO Safety Services
Drug/alcohol assessment
Drug/alcohol treatment
Medication Assisted Treatment
Mental health assessment/psychological evaluation
Psychiatric Evaluation
Counseling
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AA/NA
Birth to Three services
Right from the Start
Home visitation
Medical Services
Education
o Safe Sleep
o Drug-affected infant needs
Drug Affected Infant with no maltreatment and no safety
If an assessment is completed and no maltreatment has occurred, and no impending
dangers have been identified, then only a Plan of Safe Care is required to be completed.
Workers will open a case for “Plan of Safe Care Only”, document the Plan of Safe Care
in the Service Log, document other services put in place on the service log and close the
case immediately. We will document if the parent is in a drug treatment program,
community and family supports that are already in place, AA/NA, referrals for Birth to
Three services, referrals for other services such as housing, clothing, food banks. We
will document services already being received such as TANF, WIC, HUDD, SNAP. All
this information will be listed on the Service Log. Select “Plan of Safe Care” in the Service
Log to identify there is one in place. Select every other service being received or referred
on the Service Log as well. This meets our requirement for having a Plan of Safe Care
for drug-affected infants.
4.41 Family Functioning Assessments Involving Children found at
Clandestine Drug Laboratories and/or Exposed to Methamphetamine
residue contamination.
If a Child Protective Services Worker (CPSW) discovers a methamphetamine lab or
suspects that they have come across chemicals being used to produce
methamphetamine during a home visit or child maltreatment assessment; the CPSW will
do the following:
Leave the property, depart the immediate area, and contact law enforcement;
Remain away from the property until law enforcement has responded to the call
and secured the house and the people;
Respond to the scene;
Facilitate appropriate safe placement of child including children who are not on the
premises;
Arrange for decontamination of child – provide clean clothing and wash exposed
skin, using either paper towels and soap/water or packaged pre-moistened wipes;
Facilitate the transportation of child to a foster home or medical facility for
evaluation – Child’s personal items (clothes, toys, book bags, etc.) need to remain
at the because they are presumed to be contaminated;
If emergency medical examination is required – the medical will treat immediately;
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If non-emergency medical examination is required – the medical staff shall collect
a urine sample using proper protocol, conduct medical examination and perform
the Early Periodic Screening, Detection and Treatment (EPSDT) exam;
Conduct initial interview with child – Forward reports to law enforcement and
prosecuting attorney;
Advise foster parents or relative placement of the immediate needs of the child
because of the meth contamination;
Follow medical care needs to be scheduled and maintained;
Follow up with court proceedings on behalf of the child.
If law enforcement contacts Child Protective Services regarding children located during a
methamphetamine lab seizure and needs immediate response, the CPSW shall respond
using the following plan:
Respond to the scene;
Facilitate appropriate safe placement of child including children who are not on the
premises;
Arrange for decontamination of child, provide clean clothing and wash exposed
skin, using either paper towels and soap/water or packaged pre-moistened wipes;
Facilitate the transportation of child to a medical facility for evaluation. The child’s
personal items (clothes, toys, book bags, etc.) need to remain at the drug lab site
because they are presumed to be contaminated;
Conduct initial interview with child, forward reports to law enforcement and
prosecuting attorney;
Advise foster parents or relative placement of the immediate needs of the child
because of the meth contamination;
Follow medical care needs to be scheduled and maintained;
Follow up with court proceedings on behalf of the child.
4.42 Family Functioning Assessments Involving Sexual or Abusive
Interactions between Children
For family assessments and safety evaluations involving sexual or abusive interactions
between children the worker and supervisor will:
Follow the same rules and procedures for Family Functioning Assessment as other
assessments of suspected child abuse or neglect;
Determine whether the alleged incident was a result of the parent knowingly
allowing abuse or neglect to occur;
Determine whether the alleged incident occurred within the realm of normal,
natural child play or exploration between same age children. If so, there will be no
finding of maltreatment;
Determine whether the parent responded appropriately to the child’s needs for
medical or mental health treatment, including the need for emotional support.
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4.43 Family Functioning Assessments Involving Registered Child Sex
Offenders
For family functioning assessments concerning registered child sex offenders who are on
probation or parole, the worker and supervisor will:
Follow the same rules and procedures for family functioning assessment as other
assessments of child abuse and neglect;
Determine the status of the registered child sex offender’s parole or probation.
Each convicted sex offender is required to fulfill a period of parole or probation.
The length of time is individualized, and dependent upon specifics of time served
and good behavior. The state code stipulates that if the sex offense was committed
against a child under the age of 18, that individual will not be allowed around
children under the age of eighteen (18) during his or her parole/probation period;
The worker or supervisor will notify the probation or parole officer that the
Department has received a referral that the registered sex offender has violated
the terms written in WV State Code Chapter 62. WV State Code Chapter 49,
section 49-5-101(c)(1) provides that information can be disclosed to “Federal, state
or local government entities, or any agent of such entities, including law
enforcement agencies and prosecuting attorneys, having a need for such
information in order to carry out its responsibilities under law to protect children
from abuse and neglect”. This allows for CPS to share specifics of the referral with
the parole or probation officer;
If the worker determines that the registered child sex offender is (1) on parole or
probation, and (2) being allowed unlimited and/or unrestricted access to a child
under the age of eighteen (18), that worker must address this issue with the
custodial parent(s) and/or the non-child sex offender parent;
Worker must inform the non-sex offender parent of the registered child sex
offender’s status on the West Virginia State Police Sex Offender Registry as well
as actively serving a parole or probation period which prohibits him or her from
being around children under the age of eighteen (18). The worker must emphasize
that the offense was child sex abuse;
If the non-sex offender parent makes no effort to change the circumstances once
they have been made aware of the child sex offender’s status on the registry, this
parent is knowingly allowing his or her child to continue in a situation that poses
potential harm to the children. The worker must then notify the non-sex offender
parent that the Prosecuting Attorney will be contacted;
The worker must contact the Prosecuting Attorney to file a petition for either
removal of the children or to compel compliance from the non-sex offender parent;
If a petition is denied, the worker and supervisor must consult with the Community
Services Manager or designee, Regional Program Manager or designee and the
Regional Assistant Attorney General to determine an approach to assure the
child(ren’s) safety.
For family functioning assessments involving registered child sex offenders who are not
on probation or parole, the worker and supervisor will:
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Follow the same rules and procedures for family functioning assessment as other
assessments of child abuse and neglect. If the child is unsafe then proceed to
safety analysis and planning.
4.44 Family Functioning Assessments Involving Registered Child
Abusers
For Family Functioning Assessments involving individuals on the Child Abuse and
Neglect Registry who reside with children, the worker shall:
Follow the same rules and procedures for Family Functioning Assessment as other
assessments of suspected child abuse or neglect;
Contact the registrant’s probation or parole officer, if applicable, to determine if the
registrant is in violation of their probation/parole due to residing with a minor;
Notify the non-offending custodial parent(s) of the registrant’s status on the Child
Abuse and Neglect Registry;
Contact the appropriate officials to gather more detailed information regarding the
registrants actions that led to the conviction in order to assess safety and to
determine if aggravated circumstances exist (for information regarding see 4.26
Completing Family Functioning Assessments in which reasonable efforts to
prevent the child from removal of the home is not required, as well as WV Code
49-4-604(b)(7)(A).
4.45 Family Functioning Assessments Involving Educational Neglect
When the Department accepts the referral for assessment of alleged educational neglect,
the Department must complete a vigorous and fair examination of the family. This
assessment must not only include gathering information related to educational neglect,
but also additional information necessary to make informed decisions regarding the
caregiver(s) ability to protect their child from physical or mental harm. During the
assessment, the CPS Social Worker must interview the child or children,
parent(s)/caregiver(s), school officials as well as other collaterals who may know have
relevant knowledge of the family.
A determination that abuse or neglect does or does not exist will be made at the
conclusion of the Child Protective Services Assessment. Abuse or neglect is considered
to have occurred when a preponderance of the credible evidence indicates that the
conduct of the caregiver falls within the boundaries of the statutory definition of abuse or
neglect. Abuse or neglect is considered to not have occurred when a preponderance of
the credible evidence indicates that the conduct of the caregiver does not fall within the
boundaries of the statutory and operational definitions of abuse or neglect.
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To determine if a child is educationally neglected, the following must be considered by
the CPS Social Worker and Supervisor:
the child’s caregivers are getting the child’s school work and is the child turning in
the school work;
the child’s current and past grades to assist in determining if the current absences
are directly related to the child’s school performance;
school officials feel the child’s absences are the cause of the child failing school;
the reason for the absences to assist in determining if caregiver is presently
refusing, failing or unable to get the child to attend school and in turn supply the
child with an appropriate education;
reasons for absences that may indicate a child’s caregiver is able to supply the
child with an education include but are not limited to:
suspension
sickness of the child
legitimate family emergencies
reasons for absences that may indicate a child’s caregiver is unable to supply the
child with an education include but are not limited to:
chronic oversleeping by the parent
the child does not wish to go to school and the caregiver does not enforce
school attendance
the caregiver has not or will not participate in the school’s student assistant
team process or other school efforts to address the child’s absences
substance usage, mental health issues, or other characteristics that indicate
the caregiver will be unlikely to supply the child with a necessary education
If the CPS Social Worker and Supervisor believes that the preponderance of the evidence
indicates a child’s physical or mental health is harmed or threatened by a present refusal,
failure or inability of the child’s caregiver to supply the child with necessary education,
then a finding of educational neglect should occur, and the case opened for Ongoing
Child Protective Services.
If the CPS Social Worker and Supervisor feel that the preponderance of the evidence
does not indicate a child’s physical or mental health is harmed or threatened by a present
refusal, failure or inability of the child’s caregiver to supply the child with necessary
education, then a finding of educational neglect should not occur.
If the child is deemed safe and not neglected at the conclusion of the assessment, the
Child Protective Services worker must refer to the appropriate community-based
resource(s) that can assist the family in addressing the child’s absences. These
resources include, but are not limited to, Family Resource Networks, the local school
social worker or attendance director, or community behavioral health center.
At the conclusion of the Child Protective Services Assessment, the Department must also
determine what, if any, protective measures are necessary to assure the child is
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safeguarded from mental or emotional harm from their parent, guardian or custodian’s
actions or inactions. Protective measures may include filing an abuse and neglect
petition with Circuit Court, opening the family for ongoing, long term Child Protective
Services, or referring the family to appropriate community-based resources.
4.46 Repeat Maltreatment
One of the primary responsibilities of Child Protective Services (CPS) is to prevent future
harm to children who have been identified as abused or neglected. Repeat maltreatment
measures the percentage of children who are repeat victims of abuse or neglect, after
receipt of the first referral to CPS. Each reported incidence of maltreatment must be
captured by the date the allegation was received by DHHR and the finding, upon
assessment.
After a referral/intake has been accepted for investigation/assessment, Centralized Intake
must accept any subsequent referrals on that family which allege separate and distinct
allegations and meet the criteria for acceptance. All open referrals should be assigned to
the same worker. Each allegation must be investigated following its acceptance. Workers
must make additional contact with the family to discuss each new allegation specifically.
Multiple accepted referrals on the same family do not require multiple assessments. In
situations with more than one outstanding intake/referral open (alleged repeat
maltreatment) workers can document all the information and analysis into one
assessment. However, each intake/referral must have its own initial contacts, validations
and, findings entered on all allegations. Each of these subsequent open referrals can
reference the intake number of the completed assessment, and that referenced intake
should fully assess all the allegations of maltreatment.
Occasionally DHHR receives multiple referrals referencing the same incident of abuse or
neglect. In this instance, Centralized Intake would accept the first referral and screen out
additional referrals of the same incident, documenting those as a duplicate and
referencing the original intake/referral that was accepted.
4.47 Family Functioning Assessments Involving Human Trafficking
Identifying victims and assessing the needs of human trafficking victims is vital to effective
services and treatment. Their immediate needs should be assessed first. Immediate
needs would include their safety, any medical treatment they may need for physical or
sexual trauma, as well as food and shelter. Other needs of trafficking victims may include,
but are not limited to, mental health needs, legal services, education services, and
possibly life skills for teens. The ongoing needs of trafficking victims are just as important
as their immediate needs. Many victims have deeply rooted psychological trauma that will
require months, if not years of treatment and management.
The Child Welfare Information Gateway, along with the collaboration with other agencies,
has provided specific signs to look for in aiding to identify potential sex trafficking victims:
A history of physical, emotional, or sexual abuse;
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Signs of current physical abuse and/or sexual abuse;
History of running away or current runaway status;
The sudden onset of expensive property, such as cell phones, jewelry,
clothing or tattoo markings;
The sudden withdrawal or lack of interest in activities previously interesting
in.
The Child Welfare Information Gateway has also provided specific signs to look for in
aiding to identify potential labor trafficking victims:
The lack of freedom to come and go;
The lack of payment or very little pay;
Excessive or unusual work hours;
No breaks at work, including lunch;
Excessive amount of debt that cannot be paid off;
Recruitment based on false promises related to the conditions of the work;
Heightened security measures at work or place of residence;
Unable to communicate their whereabouts and lacking sense of time.
It may be necessary for the child/youth trafficking victims to be removed from their home
due to their parent’s involvement in trafficking the child. It is imperative to assess the
child/youth’s needs and begin appropriate services as quickly as possible. The
Comprehensive Human Trafficking Assessment can be completed with the child/youth by
the worker to determine possible trafficking victimization. The tool can be found at
https://humantraffickinghotline.org/sites/default/files/Comprehensive%20Trafficking%20Assess
ment.pdf.
It is vital to understand and remember that all children/youth who are trafficking victims
are considered abused and neglected children by law, and they are entitled to receive
services for the treatment of their victimization. Therefore, it is important to distinguish the
difference in circumstances of how a child/youth becomes a victim of trafficking. The
worker must take the necessary steps to ensure the situations, where parents are found
not to be abusive or neglectful in their child/youth’s trafficking victimization, are not
entered as maltreaters in the abuse and neglect referral entered in FACTS or while
completing the assessment. The child/youth may be released to the non-abusive parent.
In these cases where the parents are not the maltreater, the individual(s) accused or
charged with trafficking the victim(s) is entered in FACTS as the maltreater. If the parents
are found to be the traffickers, they will be entered as the alleged maltreater in FACTS
and the referral will be assigned and assessed as an abuse and neglect referral. Law
enforcement must be notified within twenty-four (24) hours of receiving any human
trafficking referral.
Example: Children involved in the child welfare system may have also been
trafficked by their own parents. An example of this would be: A thirteen your old
youth is living with her father, who is a drug addict, is unemployed, and has no
income. He owes his drug dealer three hundred dollars and has no way of paying
him. The drug dealer informs the father of the youth, that he will consider the
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debt settled if he allows him to have sex with his daughter. The father agrees.
The father then sees this situation as an opportunity to get his drugs for free and
begins to advertise his daughter for sex in exchange for drugs. This child is an
abused and neglected child in two ways. She is abused and neglect by her
father, and she is abused and neglected as a victim of trafficking. This child
would become involved with the child welfare system, as a petition would be filed
against her father and she would be removed from the home.
For Family Functioning Assessments involving Human Trafficking, the worker will:
The intake and case will be opened in the name of the trafficker.
Choose the “Maltreatment Type” of Abuse/ Human Trafficking/ Sex Trafficking by
Parent, Sex Trafficking by Non-parent or Labor Trafficking by Parent, Labor Trafficking
by Non-parent. The substantiation of maltreatment will be assigned to trafficker or
parent, non-parent or both in some cases;
If an emergency ratification or emergency petition requesting custody is needed, the
ratification or petition must indicate that the child/youth is a victim of trafficking.
An Emergency Ratification would allow the department to assume temporary custody
of a trafficking victim and allow time for the non-abusive parent to be contacted. The
parent may assume custody of the child/trafficking victim so long as abuse or neglect
has not been alleged against that parent. In this instance, the worker would not file
an emergency petition following the ratification.
If it is discovered that the parents have abused or neglected the child, a separate
CPS referral on the parents will be entered and identifying the types of
maltreatment discovered during the assessment;
If a petition has been filed against the trafficker and removal has been documented
but a petition is also necessary against the parent for abuse and/or neglect, the
removal in the traffickers open case should be end dated in FACTS and a removal
episode should be documented in the open case of the parent.
If the trafficker has children of their own, a separate referral must be made on
the trafficker and their family if abuse and/or neglect has been alleged;
If human trafficking was discovered during the Family Functioning Assessment
and Law Enforcement was not the original source of the referral, the worker will
notify Law Enforcement within twenty-four (24) hours of becoming aware of the
trafficking.
For assessments on the home of the trafficker, the worker will complete
Maltreatment, Nature and Child Functioning assessment areas. Gather as much
information about the trafficker as possible from Law Enforcement and other
collaterals. Complete Maltreatment/Findings and Contacts in FACTS. Any
police reports or investigation findings that can be obtained should be uploaded
to the file cabinet.
Services will be put in place to address the issues around the abuse and/or
neglect suffered by the child victim of trafficking.
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For Family Functioning Assessments involving Human Trafficking, the Supervisor will:
Follow the same rules and procedures for family functioning assessment as other
assessments of child abuse and neglect.
4.48 Family Functioning Assessments Involving Unaccompanied
Children in Disasters
In the event of any natural disaster, the West Virginia Department of Health and Human
Resources will assist in community efforts, when needed, to assure unaccompanied
children remain safe. For those children who do not have family, friends or community
resources to assure their safety, the Department of Health and Human Resources will
use the following procedures.
WV Code § 49-4-303 authorizes, prior to the filing of a petition, a child protective service
worker to take the child or children into his or her custody (also known as removing the
child) without a court order when:
In the presence of a child protective service worker a child or children are in an
emergency situation which constitutes an imminent danger to the physical well-
being of the child or children; and
The worker has probable cause to believe that the child or children will suffer
additional child abuse or neglect or will be removed from the county before a
petition can be filed and temporary custody can be ordered.
Whenever possible, the worker should receive prior approval from their supervisor before
taking custody of the child.
If a child or children should appear to be abandoned due to a natural disaster, emergency
or accident, the worker will assume emergency custody of the child/children.
The worker will follow established procedures and policies for other
abandoned children if possible.
Gather as much information about the parent, children and current situation
as possible.
After taking emergency custody of the child(ren), the worker must request
an order ratifying emergency custody with the Magistrate or file a petition
alleging child abandonment pursuant to WV Code §49-4-601 and §49-4-
602.
In order to request an order ratifying emergency custody, the worker will
take the child(ren) immediately to a circuit judge or a magistrate, acting as
the juvenile referee, in the county in which custody was taken, or if no such
judge or magistrate/juvenile referee be available, before a circuit judge or
magistrate/juvenile referee of an adjoining county, and make application for
an order ratifying the emergency custody. Note: If a circuit court judge is
available, you must approach the court with a request for an order of
ratification before you approach the magistrate or juvenile referee;
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The worker will receive the order giving custody from a magistrate/juvenile
referee or judge after filing the application. The application does not serve
as the order; they are two different documents. If seeking emergency
custody through a magistrate/juvenile referee, the worker is not to leave the
magistrate’s/juvenile referee’s office without the order;
The worker does not need to take a template of the custody order with him
or her but will need to ensure that certain language is contained in the order.
o Specifically, the following language must be covered in the order:
that remaining in the home is contrary to the welfare of the
child(ren);
that reasonable efforts are not required due to imminent danger
to the child(ren);
that physical and legal custody are being granted to the
Department of Health and Human Resources;
If the emergency custody is granted then the worker will initiate placement
of the child in emergency family care, foster/adopt care or emergency
shelter care.
If placement with family members, foster care or emergency shelter is not
possible during a natural disaster or emergency situation, the child/children
will be taken to an established disaster relief site by the worker.
Workers will provide supervision to the unaccompanied children at the
disaster relief site as needed.
The worker will see that the children’s basic needs are met during the
disaster or emergency situation to the best of their ability.
(Please review Foster Care Policy section 1.15 for more information
concerning the court process when a child has been abandoned)
Time Limits on Worker Custody
o When a request for emergency custody is ratified, the worker can
retain custody of the child until the end of the next two judicial days
unless a petition requesting temporary custody pending a hearing
has been filed and custody of the child has been transferred to the
department by court order.
If the child’s parents or family members are located before the end of the
two judicial days, the child may be returned to the family at that time.
If the family cannot be located, the worker will file the petition requesting
temporary custody.
If the family is located after the DHHR has requested and received custody
of the child/children, the worker can return the child/children to the parent
or family members and then request that the petition requesting custody be
dismissed at the first court hearing.
4.49 Family Functioning Assessments Involving Referrals on Families
in the Military
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During the 2018 Legislative session, West Virginia Code §49-2-802(c)(4) was revised to
require the Department to make efforts as soon as practicable to determine the military
status of parents whose children are subject to abuse or neglect allegations. If the worker
determines that a parent or guardian is in the military, the worker shall notify a Department
of Defense family advocacy program that there is an allegation of abuse and neglect that
is screened in and open for investigation that relates to that military parent or guardian.
The worker will:
Determine if a parent/parents of the child victim is a member of the military and the branch
of the military in which they serve.
Contact the appropriate branch by phone to make a report with the information below:
ARMY
Deputy Family Advocacy Program Manager
Clinical Services
Cindi Geeslin, LCSW
Behavioral Health Service Line
US Army Medical Command
(210) 295-7373
(210)722-5260 (cell)
Email: Lucinda.l.geesli[email protected]
Director, U.S. Army Family Advocacy Program
Ricky Martinez, LTC, Ph.D., LCSW IMCOM. G9,
Family and MWR Programs
(210) 466-1145 (office)
(210) 792-0409 (cell)
Email: ricky.j.martinez[email protected]
NAVY
Family Advocacy Program Manager
Lolita T. Allen, LCSW
Commander, Navy Installations Command (CNIC)
716 Sicard Street, SE, Suite 1000
Washington Navy Yard, DC 20373-5140
202 433-4683 (office)
571-455-5155 (cell)
Email: Lolita.allen@navy.mil
Counseling, Advocacy, and Prevention (CAP) Program Manager
Crystal C. Griffen, LCSW
Commander, Navy Installations Command (CNIC)
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716 Sicard Street, SE, Suite 1000
Washington Navy Yard, DC 20373-5140
(202) 433-4597 (office)
(910) 546-1671 (cell)
Email: crystal.c.griffen@navy.mil
AIR FORCE
Clinical Director, Air Force Family Advocacy Program
Pamela S. Collins, LCSW
AFMOA/SGHW
Family Advocacy Branch
2261 Hughes Avenue, Suite 162
JBSA Lackland, TX 78236-1025
(210) 395-9156; DSN 969-9156
(210) 379-7262 (cell)
Email: [email protected]f.mil
Chief, AF Family Advocacy Program Christopher I. Patrick, LtCol, USAF, BSC
AFMOA/SGHW
Family Advocacy Branch
2261 Hughes Avenue, Suite 162
JBSA Lackland, TX 78236-1025 (210) 395-9090; DSN 969-9090
(210) 535-6906 (cell)
Email: christopher.patric[email protected]
MARINE CORPS
Family Advocacy Program Manager
Jayne Hart, LISW, MBA, CEIM
Section Head, Family Advocacy Program (MFCP2)
Behavioral Health Branch
Headquarter Marine Corps Base Quantico
3280 Russell Road
Quantico, VA 22134
COM: 703-784-1290
CELL: 703-457-0603
Email: jayne.hart@usmc.mil
Follow up the verbal report with a letter using the form letter found in the link below.
4.50 Family Functioning Assessments Involving Temporary
Assistance for Needy Families (TANF) Drug Testing
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WV Code § 9-3-6(h) requires abuse and/or neglect referrals to be made by TANF staff if
an individual has had their benefits suspended and has not designated a protective
payee; or an individual’s benefits have been terminated due to failure to pass a drug test.
For these referrals received from TANF staff, the worker will:
Complete the family functioning assessment like any other assessment to
determine if maltreatment is present and/or if children in the home are unsafe. WV
Code § 9-3-6(h) requires an investigation and home visit.
Open the case for services to be provided if warranted by the assessment findings.
4.51 Investigations Involving Institutional Investigative Unit (IIU) and
Child Maltreatment in Group Residential and Foster Family
Settings
Pre-Investigation
The primary purpose of investigation is to determine whether the child’s needs for safety
have been met, whether the incident occurred, whether child abuse or neglect occurred
and whether the agency or provider is culpable.
For investigations of suspected child abuse or neglect involving a group residential
facility or foster family care home the IIU Worker will:
Review the report and all previous reports, records and documentation on the
agency or provider, alleged maltreater and identified child(ren) which are relevant
to CPS/IIU;
Notify the Community Services Manager and the Residential Licensing Specialist
or Regional Home Finding Supervisor by e-mail that a report has been received
and will be investigated, providing their name and contact information;
Notify the agency that a report has been received and will be investigated,
providing their name and contact information and direct any actions to ensure
safety of the resident(s) pending the completion of the investigation whenever
sexual abuse or serious physical injury has been alleged;
Contact the agency or identified child’s worker (depending upon whereabouts of
the child) to verify current safety and well-being;
Verify whether the agency and/or worker has obtained a medical examination of
the child, transferred or suspended the alleged maltreater, contacted law
enforcement, removed or transferred identified child or changed or ceased a
particular practice;
Determine whether there are additional actions that should be taken to ensure
safety of identified child and proceed as indicated;
Develop a plan for completion of the investigation (See CPS policy 3.4 regarding
choice of sites and support persons for an interview);
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Forward a copy of any report of serious physical abuse, sexual abuse or assault
to the appropriate law-enforcement agency, the prosecuting attorney or the
coroner or medical examiner’s office, per WV Code 49-2-809b;
Ensure that all mandated referents receive verbal notification if an investigation
into the reported suspected abuse or neglect has been initiated. Document the
notification in FACTS on the Contact screen identifying “reporter” as the Non-
Client/Non-Collateral Participant.
.
Note: If the agency and/or foster family refuse to participate in an investigation, the IIU
will immediately notify the Residential Licensing Specialist or the Regional Home Finding
Supervisor for further regulatory action. If the investigation involves a foster family home,
the IIU Worker will send written notification to the foster family informing them of the
referral and if they fail to contest the allegation within twenty calendar days of receiving
written notice, all foster care arrangements with them will be permanently terminated.
Investigation
In completing the investigation, the IIU Worker will:
Conduct interviews with:
Administration
Identified Child
Staff
Other residents
Any other collaterals, as appropriate, including identified child’s worker
Alleged maltreater
Note: All interviews should be conducted privately. Whenever interviews are conducted
within the same setting, all should be done on the same day and in sequential order,
insofar as possible. The IIU Worker must provide identification to the interviewee and
explain reasons for the interview and process for completing the investigation. The IIU
Worker must inform the agency and alleged maltreater of the alleged child abuse or
neglect. In those instances, in which it is known the alleged maltreater is represented by
legal counsel in the matter, the Worker must have the consent of such counsel to conduct
the interview. If so, the Worker should not continue the interview without first obtaining
the permission of counsel to do so. The IIU worker may ask for assistance from the WV
Department of Health and Human Resources caseworker and/or the home finder when
arranging interviews with foster parents and children.
Review agency or provider records;
Conduct exit interview;
Document the interviews and other appropriate information within FACTS by
describing in as much detail as possible the information obtained from the
interviews;
Determine whether maltreatment occurred, utilizing the legal and operational
definitions for child abuse or neglect and the preponderance of evidence standard;
Determine culpability of the maltreater and/or agency if maltreatment is found to
have occurred;
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Take appropriate action at any point in the process to assure the safety of the child,
pending the final outcome of the investigation. Possible actions may include the
removal of the child or removal of alleged maltreater’s access to children.
Conclusion of Investigation
To conclude the investigation, the IIU Worker will:
Complete the investigation, including all documentation, within sixty days of the
receipt of the report;
Prepare a copy of the “IIU/CPS Summary Report” (IIU-0527). Save the report
within the FACTS file cabinet;
Transmit the investigation and report to the IIU Supervisor for review and approval.
The IIU Supervisor will;
Review and approve investigation and report, as indicated.
The IIU Worker, upon Supervisory approval, will:
Provide a copy of the “IIU/CPS Summary Report” (IIU-0527) to the agency or
Regional Home Finding Supervisor;
Notify the Regional Program Manager for Social Services, the Community
Services Manager and the Residential Licensing Specialist (when involving a
licensed agency) by e-mail of the findings of the investigation;
The Regional Home Finding Supervisor or Residential Licensing Specialist will
determine policy or licensing violations based on the information provided within
the IIU/CPS Summary Report;
If noncompliance is identified in group residential facilities or specialized foster
care agencies the Residential Child Care Licensing Specialist will direct the
specialized foster care agency or group residential facility to develop a time limited
Corrective Action Plan. For DHHR Foster Family Homes the Regional Home
Finding Supervisor will direct the Home Finder to develop a time limited Corrective
Action Plan. The development of all Corrective Action Plans must not exceed thirty
(30) days;
Notify the foster family home in writing that foster care arrangements are being
terminated and provide a copy of the IIU Summary report when it is determined
that child abuse or neglect occurred in a foster family home, per WV Code 49-4-
111(a);
Ensure that all mandated referents receive written notification of when the
investigation has been completed. Document the notification in FACTS by saving
the written notification to the file cabinet.
Note: Upon closure of the investigation, an automatic CPS notification letter will be sent
to the alleged maltreater, informing them of the official findings, how the findings may be
used and right to appeal.
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Corrective Action and Monitoring
The primary purpose of corrective action and monitoring is to assure that any factors
contributing to the occurrence of child abuse or neglect and/or non-compliance with
regulations or policies are rectified.
Corrective Action Plan
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For investigations resulting in a Corrective Action Plan, the Residential Licensing
Unit or Regional Home Finding Unit will;
Ensure that all the problems identified in the investigation that contributed
to abuse or neglect or non-compliance with regulations or policies are
adequately addressed in the Corrective Action Plan.
4.52 Investigations Involving the Institutional Investigative Unit
(IIU) and Child Maltreatment in School Settings
Pre-Investigation
For investigations of suspected child abuse and neglect perpetrated by school
personnel, the worker will:
Review the report and all previous reports, records, and documentation on
the school personnel which are relevant to CPS;
Contact the child’s parent or guardian to advise them of the report, verify
the child’s immediate condition and make arrangements for completion of
the investigation;
Contact the school principal to advise him/her of the report and to verify
current safety of the child in the school setting;
Determine whether there are additional actions that should be taken to
ensure safety of identified child and proceed as indicated;
Develop a plan for completion of the investigation (See CPS policy 4.4
regarding choice of sites and support persons for an interview);
Forward a copy of any report of serious physical abuse, sexual abuse or
assault to the appropriate law-enforcement agency, the prosecuting
attorney or the coroner or medical examiner’s office, per WV Code 49-2-
809(b);
Forward a copy of the report to the Multi-Disciplinary Investigative Team. Ensure
that all mandated referents receive verbal notification if an investigation into the
reported suspected abuse or neglect has been initiated. Document the notification
in FACTS on the Contact screen identifying “reporter” as the Non-Client/Non-
Collateral Participant
Investigation:
In completing the investigation, the worker will:
Conduct interview with: School Administration, Identified Child, Staff, as indicated,
Other children, as indicated, any other collaterals, as indicated, including identified
child’s parent or guardian, Alleged maltreater.
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Note: All interviews should be conducted privately. Whenever interviews are
conducted within the same setting, all should be done on the same day and in
sequential order, insofar as possible. The IIU Worker must provide identification
to the interviewee and explain reasons for the interview and process for completing
the investigation. The IIU Worker must inform the school and alleged maltreater
of the alleged child abuse or neglect. In those instances, in which it is known the
alleged maltreater is represented by legal counsel in the matter, the Worker must
have the consent of such counsel to conduct the interview. If so, the Worker should
not continue the interview without first obtaining permission of counsel to do so.
Review school records relevant to the investigation of the alleged incident.
Conduct exit interview.
Document the interviews and other appropriate information within FACTS
by describing in as much detail as possible the information obtained from
the investigation.
Determine whether maltreatment occurred, utilizing the legal and
operational definitions for child abuse or neglect and the preponderance of
evidence standard.
Conclusion of the Investigation
To conclude the investigation, the IIU Worker will:
Complete the investigations, including all documentation, within sixty days
of the receipt of the report;
Prepare a copy of the “IIU/CPS Summary Report for Schools”. Save the
report within the FACTS file cabinet;
Transmit the investigation and report to the IIU Supervisor for review and
approval.
The IIU Supervisor will:
Review and approve investigation and report, as indicated.
The IIU Worker, upon Supervisory approval, will:
Provide a copy of the “IIU/CPS Summary Report for Schools” to school
administration (the School Principal and the county Superintendent of
Schools) and to the identified child’s parent or guardian;
Ensure that all mandated referents receive written notification of when the
investigation has been completed. Document the notification in FACTS by
saving the written notification to the file cabinet.
If the parent does not believe a resolution has been reached, the worker or
supervisor will advise the parent to:
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Contact the school principal;
Contact the school principal’s superior at the county board of education
office;
Contact the president of the county board of education;
Contact the state Department of Education.
Note: Upon closure of the investigation, an automatic CPS notification letter will be
sent to the alleged maltreater, informing them of the official findings, how the
findings may be used and right to appeal.
4.53 Investigation Involving Institutional Investigative Unit (IIU)
and Licensed Child Care Centers/Registered Family Child
Care Facilities/Registered Family Child Care Homes
Pre-Investigation
The primary purpose of investigation is to determine whether the child’s needs for
safety have been met, whether the incident occurred, whether child abuse or
neglect occurred and whether the agency or provider is culpable.
For investigations of suspected child abuse or neglect involving a licensed child
care center or registered family child care home, the IIU Worker will:
Review the report and all previous reports, records and documentation on
the center/facility, alleged maltreater and identified child(ren) which are
relevant to CPS/IIU;
Notify the Regional Child Care Supervisor and Child Care Regulatory
Specialist or Child Care Licensing Program Manager and Child Care
Licensing Specialist and by e-mail that a report has been received and will
be investigated, providing the IIU Worker’s name and contact information
and whether a copy of the report will be forwarded to law enforcement and
the prosecuting attorney;
Notify the licensed child care center or registered family child care home
that a report has been received and will be investigated, providing their
name and contact information and direct any actions to ensure safety and
well-being of the children. At this time, the IIU worker can arrange for the
most desirable location to conduct interviews with the child care provider(s);
Verifying whether the center/facility removed the alleged maltreater from
access to the child, transferred or suspended the alleged maltreater,
contacted law enforcement, changed or ceased a practice;
Contact the identified child’s parent or guardian to advise them of the report,
verify the child’s immediate condition and make arrangements for
completion of the investigation;
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Determine whether there are additional actions that should be taken to
ensure safety of identified child and proceed as indicated;
Develop a plan for completion of the investigation (See CPS policy 3.4
regarding choice of sites and support persons for an interview);
Forward a copy of any report of serious physical abuse, sexual abuse or
assault to the appropriate law-enforcement agency, the prosecuting
attorney or the coroner or medical examiner’s office, per WV Code 49-2-
809(b);
Forward a copy of the report to the Multi-Disciplinary Investigative Team;
Ensure that all mandated referents receive notification if an investigation
into the reported suspected abuse or neglect has been initiated. Document
the notification in FACTS on the Contact screen identifying “reporter” as the
Non-Client/Non-Collateral Participant.
Note: If the center/facility/home refuses to participate in an investigation, the IIU
will immediately notify the Child Care Licensing Program Manager or Regional
Child Care Supervisor for further regulatory action.
Investigation
In completing the investigation, the IIU Worker will:
Conduct interviews with:
Administration;
Identified Child;
Staff;
Other children;
Any other collaterals, as appropriate, including identified
child’s parent or guardian, the Child Care Regulatory
Specialist or Child Care Licensing Specialist;
Alleged maltreater.
Note: All interviews should be conducted privately. Whenever interviews are
conducted within the same setting, all should be done on the same day and in
sequential order, insofar as possible. The IIU Worker must provide identification
to the interviewee and explain reasons for the interview and process for completing
the investigation. The IIU Worker must inform the agency and/or alleged
maltreater of the alleged child abuse or neglect. In those instances, in which it is
known the alleged maltreater is represented by legal counsel in the matter, the
Worker must have the consent of such counsel to conduct the interview. If so, the
Worker should not continue the interview without first obtaining the permission of
counsel to do so.
Review center/facility records.
Conduct exit interview.
Document the interviews and other appropriate information within FACTS
by describing in as much detail as possible the information obtained from
the interviews.
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Determine whether maltreatment occurred, utilizing the legal and
operational definitions for child abuse or neglect and the preponderance of
evidence standard.
Determine culpability of the maltreater and/or center/facility if maltreatment
is found to have occurred.
Take appropriate action at any point in the process to assure the safety of
the child, pending the outcome of the investigation, including the removal of
the child.
Conclusion of Investigation
To conclude the investigation, the IIU Worker will:
Complete the investigation, including all documentation, within sixty days of
the receipt of the report;
Prepare a copy of the “IIU/CPS Summary Report” (IIU-0527). Save the
report within the FACTS file cabinet;
Transmit the investigation and report to the IIU Supervisor for review and
approval.
The IIU Supervisor will;
Review and approve investigation and report, as indicated.
The IIU Worker, upon Supervisory approval, will:
Provide a copy of the “IIU/CPS Summary Report” (IIU-0527) to the
center/facility administrator or Regional Child Care Supervisor;
Notify the Child Care Licensing Program Director and the Child Care
Licensing Specialist or the Regional Child Care Supervisor and Child Care
Regulatory Specialist by e-mail of the findings of the investigation and
provide a copy of the “IIU/CPS Summary Report” (IIU-0527);
The Regional Child Care Supervisor or Child Care Licensing Specialist will
determine policy or licensing violations based on the information provided
within the IIU/CPS Summary Report;
If noncompliance is identified in Child Care Center the Child Care Licensing
Specialist will address the need for a corrective action plan with the Child
Care Center. For Registered Family Child Care Facilities/Registered Family
Child Care Homes the Regional Child Care Supervisor will direct the Child
Care Regulatory Specialist to develop a Corrective Action Plan;
Ensure that all mandated referents receive written notification of when the
investigation has been completed. Document the notification in FACTS by
saving the written notification to the file cabinet.
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Note: Upon closure of the investigation, an automatic CPS notification letter will be
sent to the alleged maltreater, informing them of the official findings, how the
findings may be used and right to appeal.
Corrective Action and Monitoring
The primary purpose of corrective action and monitoring is to assure that any
factors contributing to the occurrence of child abuse or neglect and/or non-
compliance with regulations or policies are rectified.
Corrective Action Plan
For investigations resulting in a Corrective Action Plan, the Child Care Licensing
or Regional Child Care Unit will:
Ensure that all the problems identified in the investigation that contributed
to abuse or neglect or non-compliance with regulations or policies are
adequately addressed in the CAP.
Monitoring
Whenever a CAP has been approved and implemented, the Child Care Licensing
or Regional Child Care Unit will:
Verify through written documentation and/or on-site reviews whether the
steps of the CAP have been carried out and whether the desired results
have been achieved.
SECTION 5 CPS ONGOING SERVICES
5.1 Introduction
The Protective Capacity Family Assessment and Family Case Plan continues
West Virginia’s Safety Assessment and Management System process and occurs
immediately following the determination that a family needs ongoing CPS
interventions. The Protective Capacity Family Assessment is a structured
interactive process that is intended to build partnerships with caregivers to identify
and seek agreement regarding what must change related to child safety and to
develop family case plans that will effectively address caregiver protective
capacities and meet child needs.
There may be situations where a child has been abused or neglected but is not in
impending danger. In those instances, completing a Protective Capacities Family
Assessment is not feasible as there being no capacities diminished to the point
that a child is unsafe. Although no child in the home was identified as unsafe by
Child Protective Services, Ongoing Child Protective Services must be provided to
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assist the family in identifying and resolving the issues that led to the incident of
abuse and/or neglect. For more information regarding CPS Ongoing Services in
these instances, see CPS Policy Section 5.25.
5.2 Purpose of the Protective Capacities Family Assessment
and Family Case Plan
The primary purpose of the Protective Capacities Family Assessment and Family
Case Plan is to identify the caregiver behavior that must change and to restore the
caregiver to independence in protecting their children.
The purposes of the Protective Capacities Family Assessment are:
To engage caregivers in a collaborative partnership for change;
To facilitate caregivers in identifying their own needs in relationship to their
capacity to protect;
To facilitate caregivers in identifying the needs of their children and in
committing to meet those needs;
To facilitate caregiver self-awareness and mutual worker-caregiver
agreement regarding what must change to return caregivers to their
protective role and to create a safe home;
To facilitate involvement of caregivers and children (as appropriate) in the
development and implementation of change strategies (family case plans).
5.3 Protective Capacity Family Assessment Concepts
There are several concepts that form the basis for the design of the Protective
Capacity Family Assessment. They must be well understood by ongoing CPS
Social Workers if they are to be effectively applied in the Family Case Planning
process. It is using key concepts that the purposes of Protective Capacity Family
Assessment are achieved.
The Protective Capacity Family Assessment Concepts are:
5.3.1 Caregiver Protective Capacities
The concept of caregiver protective capacities is central to the design of the
Protective Capacity Family Assessment. It is through the understanding and use
of the concept of caregiver protective capacities that ongoing CPS social workers
and caregivers can formulate Family Case Plans that enhance family/family
member functioning and caregiver role performance and, in doing so, reduce
impending danger.
Caregiver protective capacities are personal and parenting behavior, cognitive and
emotional characteristics that specifically and directly can be associated with being
protective of one’s children. Caregiver protective capacities are “strengths” that
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are specifically associated with one’s ability to perform effectively as a caregiver/
parent to provide and assure a safe environment.
When families are opened for ongoing CPS, the Protective Capacity Family
Assessment considers caregiver protective capacities that exist and considers
how those capacities or strengths might be utilized in change strategies. On the
other hand, the presence of impending danger in a family is an indication of
caregiver protective capacities that are significantly diminished or essentially non-
existent. The Protective Capacity Family Assessment is designed to produce
Family Case Plans that in effect will result in child safety by sufficiently enhancing
diminished caregiver protective capacities which, in turn, eliminate or reduce
impending danger to the point where a family can adequately manage child
protection.
There are criteria for determining protective capacities.
1. The characteristic prepares the person to be protective;
2. The characteristic enables or empowers the person to be protective;
3. The characteristic is necessary or fundamental to being protective;
4. The characteristic must exist prior to being protective;
5. The characteristic can be related to acting or being able to act on behalf
of a child.
The following definitions and examples should be used to assist the CPS Social
Worker in identifying the specific protective capacities that must be enhanced in
the Family Case Plan.
Cognitive Protective Capacities
The caregiver plans and articulates a plan to protect the child.
This refers to the thinking ability that is evidenced in a reasonable, well thought out
plan.
People who are realistic in their idea and arrangements about what is
needed to protect a child.
People whose awareness of the plan is best illustrated by their ability to
explain it and reason out why it is sufficient.
The caregiver is aligned with the child.
This refers to a mental state or an identity with a child.
People who think that they are highly connected to a child and therefore
responsible for a child’s well-being and safety.
People who consider their relationship with a child as the highest priority.
The caregiver has adequate knowledge to fulfill caretaking responsibilities
and tasks.
This refers to information and personal knowledge that is specific to caretaking that
is associated with protection.
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People who have information related to what is needed to keep a child safe.
People who know how to provide basic care which assures that children are
safe.
The caregiver is reality oriented; perceives reality accurately.
This refers to mental awareness and accuracy about one’s surroundings; correct
perceptions of what is happening; and the viability and appropriateness of
responses to what is real and factual.
People who describe life circumstances accurately and operate in realistic
ways.
People who alert to, recognize, and respond to threatening situations and
people.
The caregiver has accurate perceptions of the child.
This refers to seeing and understanding a child’s capabilities, needs, and
limitations correctly.
People who recognize the child’s needs, strengths, and limitations. People
who can explain what a child requires, generally, for protection and why.
People who are accepting and understanding of the capabilities of a child.
The caregiver understands his/her protective role.
This refers to knowing that there are certain responsibilities and obligations that
are specific to protecting a child.
People who value and believe it is her/his primary responsibility to protect
the child.
People who can explain what the “protective role” means and involves and
why it is so important.
The caregiver is self-aware.
This refers to caregiver sensitivity to one’s thinking and actions and their effects
on others – on a child.
People who understand the cause – effect relationship between their own
actions and results for their children.
People who understand that their role as a caregiver is unique and requires
specific responses for their children.
Emotional Protective Capacities
The caregiver can meet own emotional needs.
This refers to satisfying how one feels in reasonable, appropriate ways that are not
dependent on or take advantage of others, especially children.
People who use reasonable, appropriate, and mature/adult-like ways of
satisfying their feelings and emotional needs.
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The caregiver is emotionally able to intervene to protect the child.
This refers to mental health, emotional energy, and emotional stability.
People who are doing well enough emotionally that their needs and feelings
don’t immobilize them or reduce their ability to act promptly and
appropriately with respect to protectiveness.
The caregiver is resilient
This refers to responsiveness and being able and ready to act promptly as a
caregiver.
People who recover quickly from setbacks or being upset.
People who are effective at coping as a caregiver.
The caregiver is tolerant
This refers to acceptance, understanding, and respect in their caregiver role.
People who have a big picture attitude, who don’t over react to mistakes
and accidents.
People who value how others feel and what they think.
The caregiver displays concern for the child and the child’s experience and
is intent on emotionally protecting the child.
This refers to a sensitivity to understand and feel some sense of responsibility for
a child and what the child is going through in such a manner to compel one to
comfort and reassure.
People who show compassion through sheltering and soothing a child.
People who calm, pacify, and appease a child.
The caregiver and child have a strong bond and the caregiver is clear that
the number one priority is the child.
This refers to a strong attachment that places a child’s interest above all else.
People who act on behalf of a child because of the closeness and identity
the person feels for the child.
People who order their lives according to what is best for their children
because of the special connection and attachment that exists between
them.
The caregiver expresses love, empathy, and sensitivity toward the child.
This refers to active affection, compassion, warmth, and sympathy.
People who relate to, can explain, and feel what a child feels, thinks and
goes through.
Behavioral Protective Capacities
The caregiver has a history of protecting
This refers to a person with many experiences and events in which they have
demonstrated clear and reportable evidence of having been protective.
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People who have protected their children in demonstrative ways by
separating them from danger; seeking assistance from others; or similar
clear evidence.
Caregivers and other reliable people who can describe various events and
experiences where protectiveness was evident.
The caregiver takes action.
This refers to a person who is action-oriented in all aspects of their life.
People who proceed with a positive course of action in resolving issues.
People who take necessary steps to complete tasks.
The caregiver demonstrates impulse control.
This refers to a person who is deliberate and careful; who acts in managed and
self-controlled ways.
People who think about consequences and act accordingly.
People who can plan.
The caregiver is physically able and has adequate energy.
This refers to people who are sufficiently healthy, mobile and strong.
People with physical abilities to effectively deal with dangers like fires or
physical threats.
People who have the personal sustenance necessary to be ready and on
the job of being protective.
The caregiver has/demonstrates adequate skill to fulfill responsibilities.
This refers to the possession and use of skills that are related to being protective
as a caregiver.
People who can care for, feed, supervise, etc. their children according to
their basic needs.
People who can handle and manage their caretaking responsibilities.
The caregiver sets aside her/his needs in favor of a child.
This refers to people who can delay gratifying their own needs, who accept their
children’s needs as a priority over their own.
People who do for themselves after they’ve done for their children.
People who seek ways to satisfy their children’s needs as the priority.
The caregiver is adaptive as a caregiver.
This refers to people who adjust and make the best of whatever caretaking
situation occurs.
People who are flexible and adjustable.
People who accept things and can be creative about caretaking resulting in
positive solutions.
The caregiver is assertive as a caregiver.
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This refers to being positive and persistent.
People who advocate for their child.
People who are self-confident and self-assured.
The caregiver uses resources necessary to meet the child’s basic needs.
This refers to knowing what is needed, getting it, and using it to keep a child safe.
People who use community public and private organizations.
People who will call on police or access the courts to help them.
The caregiver supports the child.
This refers to actual and observable acts of sustaining, encouraging, and
maintaining a child’s psychological, physical and social well-being.
People who spend considerable time with a child and respond to them in a
positive manner.
People who demonstrate actions that assure that their child is encouraged
and reassured.
5.3.2 Safe Home Environment
The prime mission and goal of ongoing CPS is that children are protected from
impending danger by enabling caregivers to provide for a safe environment. A
safe home environment is the absence of threats to child safety. A safe home
environment provides a child with a place of refuge and a perceived and felt sense
of security and consistency. The Protective Capacity Family Assessment is the
first step toward establishing a safe home environment for children by attempting
to produce Family Case Plans that are “family owned” and focused on decreasing
impending danger and enhancing protective capacities.
5.3.3 Family Centered Practice
The Protective Capacity Family Assessment is designed to focus intervention on
family engagement, the family’s perspective and “world-view,” family needs, family
strengths and collaborative problem solving. The belief that families are involved
with ongoing CPS social workers as a full partnership is a central practice tenet.
When children are identified as unsafe, the ability to create safe home
environments exists within the family. Necessary change and sustainable change
in caregivers and children are more likely to occur when families are involved,
invested and able to maintain self-determination and personal choice. Family
agreement with needed change is assertively pursued during the Protective
Capacity Family Assessment. Family Case Plans that are created as a result of
the assessment process are intended to be collaborative change strategies and
are specifically tailored to the uniqueness of each family.
5.3.4 Solution Based Intervention
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This is a methodology associated with family-based services. The principal
philosophy of this approach is that the best way to help people is through
strengthening and empowering the family (Berg, 1994). The source or answer to
problems is viewed as being present within the family. The intent of the ongoing
CPS worker when collaborating with the family is to "spring loose" the solutions
that are embedded within the family. This intervention provides a practice
mentality and specific techniques that are useful in facilitating people through the
stages of change. The CPS-family relationship serves as the catalyst for change
and, therefore, this is an essential facilitative objective throughout the Protective
Capacity Family Assessment.
5.3.5 The Involuntary Client
The reality faced by ongoing CPS social workers is that they are often attempting
to provide services to an involuntary client. The Protective Capacity Family
Assessment considers ideas concerned with working with involuntary clients. The
following definition of the involuntary client is consistent with the vast majority of
those served by CPS: “one who feels forced to remain in the (CPS) relationship;
coerced or constrained choices are made because the costs of leaving the (CPS)
relationship are too high; a person who feels disadvantaged in the current (CPS)
relationship” (Rooney, 1992). Families often transfer to ongoing CPS and begin
the Protective Capacity Family Assessment as involuntary clients. These families
can be divided between those that are mandated clients because of a court order
or some legal restraint and non-voluntary clients who feel pressured by the agency
or others to stay in the relationship.
Intervention related to the involuntary client points out, particularly about CPS, how
crucial power, control and choice are in facilitating change. The CPS intervention,
in and of itself, establishes and can perpetuate a sense of loss of autonomy and
power. Thus, working with the involuntary client requires a re-establishment of a
person's self-determination and reclaiming of personal choice. This can be the
essence of facilitating change and include the interpretation of consequences
related to personal choice. The Protective Capacity Family Assessment
acknowledges the reality of where families are at the point they are transferring to
ongoing CPS and attempts to increase motivation to change by focusing and
clarifying intervention; encouraging personal choices and sense of control;
empowering with information by educating and socializing people to necessary
roles, expectations and tasks; and involving families (caregivers) in goal and
activity/service selection.
(Adapted from the work of Ron Rooney, The Involuntary Client)
5.3.6 Motivation and Readiness
Motivation and Readiness are related concepts associated with the stages of
change and the involuntary client. Motivation and readiness are important to the
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Protective Capacity Family Assessment in the sense that the perspective that the
ongoing CPS social worker has regarding client/ caregiver motivation and
readiness will influence his/her approaches to intervention. Often it is merely the
ongoing CPS social worker’s intervention approach that will result in an effective
assessment with a family and development of a case plan.
Motivation refers to the causes, considerations, reasons and intentions that
influence individuals to behave in a certain way (Di Clemente, 1999). This
definition reframes motivation in such a way that the notion that someone is
unmotivated is not necessarily accurate. In other words, all individuals are
motivated to do something or to behave a certain way; it just may not be a behavior
that everyone agrees is acceptable or adaptive. This means that all individuals
proceeding into ongoing CPS are motivated.
When conducting a Protective Capacity Family Assessment and considering what
must change, it is helpful to be prepared for determining what family members are
motivated toward and what they are motivated against. Motivational readiness
refers to a person’s position in relationship to the stages of change and the ability
or readiness to move through a stage of change. Individuals who engage in the
Protective Capacity Family Assessment process and who begin to acknowledge
the need to address what must change are demonstrating increased readiness.
Readiness to change refers to the current state of mind of a caregiver who has
resolved denial, resistance and ambivalence and is inclined to change.
Ongoing CPS social workers routinely experience family members who are not
ready to change and are, in fact, resistant or highly motivated against the idea of
change. When attempting to engage seemingly resistant family members during
the Protective Capacity Family Assessment process, it is necessary to consider
why someone would present themselves as not wanting to change. Miller and
Rollnick (1991) indicate that there are four reasons: reluctance, rebellion,
resignation and rationalization.
1. Reluctance-When assessing for the presence of reluctance as an explanation
for remaining in pre-contemplation, the ongoing CPS social worker should look
for those with a lack of knowledge or inertia. These people are uncertain about
their problems because information has not been available to them or they
haven't fully processed the information about the problems, or the impact of the
problems has not become fully conscious. These clients are not resistant but
indecisive, hesitant or disinclined.
2. Rebellion-These clients have a heavy investment in the problem behavior.
Additionally, they are highly motivated toward independence and making their
own decisions. They are resistant to being told what to do. They may be afraid
and therefore defensive. They are argumentative.
3. Resigned-Resigned pre-contemplators lack energy and investment. They are
emotionally tired. This may also include depressed people and those who hold
a fatalistic world view. They may feel overwhelmed by the problem.
4. Rationalizing-This person has all the answers about why problems are not
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problems and why there is no need for change. They know the odds for
personal risk and loss related to change leading to a conclusion not to even get
started. "Yes-But" discussions, debates and intellectualization are examples
of styles of communication among individuals who rationalize behavior.
5.3.7 Active Efforts
The Protective Capacity Family Assessment provides an organized process for
ongoing CPS intervention that promotes active and intentional efforts when
working with families. The Protective Capacity Family Assessment is the first
essential step in assuring that families are provided with individualized, culturally
responsive and appropriately matched treatment services intended to enhance
caregiver protective capacities. While the law does not specify the delineation of
active efforts, the Protective Capacity Family Assessment uses practice methods
consistent with the “spirit” of active efforts. These include:
1. Utilizing family input and perspective when identifying needs, concerns and
strengths;
2. Timely response and facilitation of case movement through the CPS
intervention process;
3. Consistent, structured and focused assessment and case planning;
4. Collaborative development of case plans that are relevant to family/family
member needs;
5. Approaching intervention from a family centered/family system orientation; and
6. Facilitating the access and use of effective and culturally responsive case plan
services and service providers.
5.4 Ongoing CPS Social Workers Responsibilities
When the Family Functioning Assessment determines that a child is unsafe, it is
the responsibility of CPS to assure a child is safe and protected. CPS must actively
engage caregivers and families in developing and implementing safety plans, but,
ultimately, the responsibility for child safety rests with CPS. This means that CPS
is expected to proceed with the development of safety plans regardless of
caregiver cooperation and willingness to be involved. While caregivers and family
members should have the opportunity to participate and be informed about safety
planning, CPS maintains the responsibility for deciding about the level of effort
required to assure child safety; verifying the sufficiency of safety plans and
regulating and overseeing the implementation of safety services.
Ongoing CPS Social Workers are accountable for assessing and analyzing threats
to child safety (present and impending danger); safety planning; and the
management of in-home and out-of-home safety plans. Ongoing CPS Social
Workers must possess knowledge and a thorough understanding of essential
safety concepts and criteria. Ongoing CPS Social Workers must have the ability
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to apply safety related concepts and criteria to the following safety intervention
responsibilities:
Analyze impending danger and evaluate and confirm the sufficiency of
safety plans developed during the Family Functioning Assessment;
Oversee and manage the provision of safety services used in in-home and
out-of-home safety plans;
Continually reassess impending danger and the sufficiency of safety
plans, and make immediate adjustments to safety plans as indicated to
assure that safety services are most appropriate and least intrusive to the
family;
Engage caregivers and children in the Protective Capacity Family
Assessment (PCFA) and Family Case Planning to identify treatment
outcomes and services that will address impending danger by enhancing
diminished caregiver protective capacities; and
Formally conduct Case Plan Evaluations to measure progress and change
related to enhancing caregiver protective capacities and decreasing
impending danger to children.
5.5 Safety Intervention Competencies
Effective Ongoing CPS safety intervention requires CPS Supervisors and Ongoing
CPS Social Workers to possess the following key fundamental competencies:
An extensive knowledge of:
The information collection standard necessary for assessing threats to child
safety and caregiver protective capacities (i.e. extent of maltreatment; nature
of maltreatment; child functioning; adult general functioning; parenting
discipline; and general parenting practices);
The definitional standard for an unsafe child and a safe child (see CPS Policy
Section 2.3 and 4.9 for more information);
The danger threshold criteria for impending danger (see CPS Policy Section
4.9 for more information);
The concept of caregiver protective capacities in relationship to addressing
impending danger;
The criteria used to determine the sufficiency of safety plans and the concept
of provisional protection and reasonable/ active efforts (see CPS Policy Section
4.13 and 5.3.7 for more information);
The PCFA practice policies with respect to how they related to practice and
decision-making;
The development of a family case plan with behaviorally specific goals
designed to enhanced diminished protective capacities; and
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The Case Plan Evaluation approach and measurement criteria within the
context of a comprehensive assessment process and integrated safety
intervention system.
Skills and Ability to:
Engage and involve caregivers in safety planning and the family case planning
process;
Conduct conversations with caregivers and children to assess Impending
danger, evaluate safety plan sufficiency, determine what must change for
children to be safe and measure progress toward achieving change;
Analyze the meaning and the relationship in information collected from children,
caregivers and families;
Evaluate and apply caregiver protective capacities in family case planning and
service provision; and
Apply practice principles and intervention techniques necessary for facilitating
change with caregivers.
Professional Perspective
The value of caregiver and family involvement during the family case planning
process;
The individualization of case plan outcomes based on family strengths; existing
caregiver protective capacities; impending danger; and diminished caregiver
protective capacities;
The caregivers’ right to self-determination and personal choice;
An outcome oriented and change based perspective related to case planning,
service provision and the measurement of progress; and
The value of demonstrating genuineness, respect, empathy; and partnering
when interacting with caregivers and families.
5.6 The Ongoing CPS Social Worker’s Role during the
Protective Capacity Family Assessment and Family Case
Plan
The ongoing CPS social worker-caregiver collaboration that occurs during
Protective Capacity Family Assessment requires workers to be versatile and
competent as a facilitator. The Protective Capacity Family Assessment is an
activity that cannot be effectively completed in the absence of an ongoing worker
actively facilitating the assessment process. The Protective Capacity Family
Assessment is the fundamental ongoing CPS intervention with families and, as
such, it relies heavily on the ongoing social worker’s mentality, skills, techniques
and direction.
Facilitation/Case Management
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Ongoing CPS social worker/ case manager facilitation in the context of the
Protective Capacity Family Assessment refers to the interpersonal, guiding,
educating, problem solving, planning and brokering activities necessary to enable
a family to proceed through the assessment process resulting in the development
of a change strategy that can be formalized in an Family Case Plan.
A CPS social worker’s primary objective for facilitating the Protective Capacity
Family Assessment include:
Building a collaborative working relationship with family members;
Engaging the caregivers in the assessment process;
Simplifying the assessment process for the family;
Focusing the assessment on what is essential to child protection and safe
home environment;
Learning from caregiver and children what must change to create a safe home
environment;
Seeking areas of agreement regarding what must change to create a safe
home environment;
Stimulating ideas and solutions for addressing what must change; and
Developing strategies for change that can be implemented in a Family Case
Plan.
Facilitation in the Protective Capacity Family Assessment involves four roles and
several related responsibilities. The four facilitative roles within the Protective
Capacity Family Assessment are: guide, educator, evaluator and broker. (Adapted
from Techniques and Guidelines for Social Work Practice 4th ed. - Sheafor, B.W.,
Horejsi, C.R. and Horejsi, G.A. 1997)
Guide
The role of the guide involves planning and directing efforts to navigate families
through the assessment process by coordinating and regulating the approach to
the intervention and focusing the interactions with families to assure that
assessment objectives and decisions are reached.
Engage family members in the assessment process and change;
Establish a partnership with caregivers;
Assure that caregivers are fully informed of the assessment process, objectives
and decisions;
Adequately prepare for each series of interviews; be clear about what needs to
be accomplished by the conclusion of each of your series of interviews;
Consider how best to structure the interviews to achieve facilitative objectives;
Focus interviews on the specific facilitative objectives for each intervention
stage;
Redirect conversations as needed;
Effectively manage the use of time both in terms of the individual series of
interviews and also the assessment process at large.
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Educator
The role of the educator involves empowering families by providing relevant
information about their case or about “the system,” offering suggestions,
identifying options and alternatives, clarifying perceptions and providing feedback
that might be used to raise self-awareness regarding what must change.
Engage family members in the assessment process;
Be open to answering questions regarding CPS involvement, safety issues,
practice requirements, expectations, court, etc.;
Support client self-determination and right to choose;
Inform caregivers of options as well as potential consequences;
Promote problem solving among caregivers;
Provide feedback, observations and/or insights regarding family strengths,
motivation, safety concerns and what must change.
Evaluator
The role of the evaluator involves learning and understanding family member
motivations, strengths, capacities and needs and then discerning what is
significant with respect to what must change to create a safe home environment.
Engage family members in the assessment process;
Explore a caregiver’s perspective regarding strengths, capacities, needs and
safety threats;
Consider how existing family/family member strengths might be utilized to
enhance protective capacities;
Focus on impending danger (safety threats) and diminished protective
capacities as the highest priority for change;
Clearly understand how impending danger is manifested in a family and
determine the principal threat to child safety;
Identify the protective capacities that must be enhanced that are essential to
reducing impending danger;
Seek to understand family member motivation; identify the stage(s) of change
for caregivers related to what must change to address child safety.
Broker
The role of the broker involves identifying, linking, matching or accessing
appropriate services for caregivers and children as needed related to what must
change to create a safe environment.
Engage the family in the Family Case Planning process;
Promote problem solving among caregivers;
Seek areas of agreement from caregivers regarding what must change;
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Consider caregiver motivation for change;
Collaborate and build common ground regarding what needs to be worked on
and how change might be achieved;
Brainstorm solutions for addressing impending danger and caregiver protective
capacities;
Have knowledge of services and resources and their availability;
Provide options for service provision based on family member needs;
Create change strategies with families and establish Individualized Service
Plans that support the achievement of the change strategy.
5.7 SAMS Ongoing Case Management Responsibilities
SAMS provides a structured approach for managing and serving all family
situations when children are found to be unsafe at the conclusion of the Family
Functioning Assessment. The structured approach includes:
Case Transfer-Initiating the Protective Capacities Family Assessment
Safety Management
Completing the Protective Capacities Family Assessment
Assessment of Children’s Needs
Developing the Family Case Plan
Managing the Family Case Plan and Service Provision
Safety Management
Family Case Plan Evaluation
Progress Measurement
Safety Management
Conditions for Return and Reunification
Case Closure
5.8 Case Transfer-Preparing for the Protective Capacities
Family Assessment
If the Social Worker who completed the FFA is not going to be the Ongoing CPS
Social Worker, preparation will be essential to assuring sufficient safety plans and
effectively and efficiently completing the PCFA. Adequate preparation begins with
a thorough understanding regarding the status of a case and decisions that were
reached by the CPS Social Worker who completed the FFA. The Ongoing CPS
Social Worker must begin preparation for completing the PCFA by reviewing all
relevant and available information collected by the FFA Social Worker
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5.8.1 Documentation Review
The Ongoing CPS Social Worker, if different from the FFA Social Worker, must
review FFA documentation and case decision-making prior to the case transfer
staffing. FFA information collection and documentation related to family
functioning, child functioning, adult functioning, and caregiver performance inform
FFA decision-making and serve as the fundamental basis for discussions during
the PCFA process.
Documentation that must be reviewed prior to contact with children and caregivers
include the following:
The Family Functioning Assessment;
The safety analysis;
The in-home or out of home safety plan;
Enhanced and diminished protective capacities identified in family
functioning assessment;
Previous history with CPS (i.e. previously completed Family Functioning
Assessments or Initial Assessments; previous safety plans; previous case
plans; previous family case plan evaluations);
Any evaluations conducted (i.e. mental health, substance abuse, physical
exams etc.) (if applicable);
Police reports (if applicable);
When reviewing FFA documentation, the Ongoing CPS Social Worker must seek
to identify and understand the following:
The extent to which there is sufficient information collected and documented
related to the six fundamental elements of the family functioning
assessment associated with evaluating impending danger and caregiver
protective capacities: maltreatment, surrounding circumstances, child
functioning, adult functioning, parenting discipline and general parenting
practices;
Selected impending danger threats are supported and justified in the
documentation;
FFA information confirms the safety decision;
FFA information confirms the need for Ongoing CPS involvement;
Safety analysis confirms the appropriate use of an in-home safety plan to
control threats to child safety or the need for an out-of-home safety plan;
and
The safety plan is appropriate in controlling how the impending danger is
manifested in the family.
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Supervisor Consultation and Oversight of Case Transfer
Following the review of FFA documentation and prior to the case transfer staffing,
the Ongoing CPS Social Worker should consult with their supervisor to discuss:
FFA information collection and decision-making;
Gaps in information; and
Whether there are critical unanswered questions that will need to be
reconciled during the case transfer staffing in order to prepare for initiating
the PCFA.
In certain circumstances, the FFA supervisor (if applicable) or FFA Social Worker
may need to be contacted prior to the case transfer staffing to reconcile significant
questions regarding case information and/or FFA decision-making including but
not limited to:
Quality and quantity of FFA information;
Clarity and justification of FFA decision making;
Clarity regarding impending danger;
Basis for safety decisions;
Safety plan approach; rationale; responsibilities;
Rationale for the decision to open the case for ongoing services; and
Nature and quality of client response to CPS.
5.8.2 Case Transfer Staffing
The intent of the case transfer meeting is to ensure that there is adequate attention
to child safety at the initiation of ongoing CPS, and to prepare the Ongoing CPS
Social Worker for completing the PCFA case planning process.
A. Case Transfer Timeframe
The supervisor must make arrangements for scheduling the case transfer
meeting within three (3) calendar days of a case being assigned to the
ongoing CPS Social Worker;
The case transfer meeting must occur within seven (7) calendar days of the
disposition of the FFA but can occur during the implementation of the Safety
Plan during the Safety Planning Process in the FFA;
The case transfer meeting must occur as a face to face contact between
the FFA Social Worker and Ongoing CPS Social Worker. The FFA
supervisor and the Ongoing Supervisor should attend and participate in the
case transfer meeting.
B. Case Transfer Meeting Content
Content to be addressed during the case transfer meeting between
workers and supervisors must include:
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Significant information collected during the FFA and the meaning and
relationship between pieces of information;
Gaps in information in the FFA and rationale for decision-making;
Clarification regarding the justification for identified impending safety
threats;
Thorough review of safety analysis and safety plan if the CPS Ongoing
Social Worker was not involving in the case during the safety planning
process, with emphasis on how identified safety services match up with
impending danger and a clear understanding regarding the specific role of
safety service providers; including verification of who is responsible for
managing safety plans;
Discuss existing caregiver protective capacities and general family
strengths;
Status of caregiver involvement with CPS; anticipation of how caregivers
will react to ongoing CPS and likelihood to participate in the PCFA process;
and perception regarding caregivers’ motivational readiness to change;
Review of child needs, including summary of medical, mental health, and
school information as available;
Implications for how to best proceed in completing the PCFA case planning
process;
Review of existing court orders, upcoming court obligations and timeframes
for the completion of court reports if applicable; and
Review of visitation schedule and logistics.
5.8.3 Safety Management Responsibilities
Safety planning must be understood as dynamic and provisional. While safety
plans that were developed during the FFA process may have been determined to
be sufficient, it is important to recognize that even a slight shift in circumstances or
caregiver perception and commitment can render an in-home safety plan
ineffective.
As the Ongoing CPS Social Worker assumes responsibility for safety
management, it is crucial that safety plan sufficiency is thoroughly evaluated to
determine if CPS must act promptly to begin adjusting a safety plan or to identify
potential issues or concerns associated with the implementation of a safety plan
that will need to be addressed during the initiation of the PCFA process.
Responsibility for Safety Management at Case Transfer
FFA Social Worker and Supervisor must determine that a safety plan is
sufficient prior to a case being transferred and assigned to an Ongoing CPS
Social Worker.
The FFA Social Worker must maintain responsibility for managing the safety
plan (i.e. in-home or out-of-home safety plan) until the case transfer staffing
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occurs with the Ongoing CPS Social Worker.
If as a result of reviewing the FFA documentation and information shared
during the case transfer meeting it is determined that a safety plan is not
sufficiently managing and controlling impending danger to a child, the FFA
Supervisor and the Ongoing Supervisor involved in the case must make an
immediate judgment about who is responsible for responding to assure child
safety. This will also require a formal evaluation of safety and safety
analysis. (For more information about the continuing formal evaluation of
safety, see CPS Policy Section 5.10)
Determining Safety Plan Sufficiency at Case Transfer
By the conclusion of the case transfer staffing it must be reconfirmed that a safety
plan is sufficient. Confirmation of safety plan sufficiency must include a
consideration of the following:
Safety analysis documentation supports the decision to place a child out of
the home;
Safety analysis documentation clearly supports the decision to use an in-
home safety plan;
The safety plan is the least intrusive means possible for controlling and
managing child safety based on the results of the safety analysis (i.e.
stability of home environment, willingness of caregivers, clear
understanding of how safety threats exist; availability and accessibility of
safety service resources);
Identified safety actions match up with how impending danger is occurring
in the family;
Clarity regarding who is responsible for each of the identified safety actions;
and
Safety actions are implemented at the frequency and level of effort required
to control impending danger.
Modifying the Safety Plan at Case Transfer
If a child is in placement at the time of the case transfer staffing and it is
determined that a less intrusive in-home safety plan can be implemented
prior to the completion of the PCFA, a new formal safety evaluation and
analysis must be completed to justify the decision to reunify with the
implementation of an in-home safety plan. The Prosecuting Attorney must
be consulted and if already convened the MDT must be advised of the
results of the formal safety evaluation and safety analysis. (See CPS Policy
Section 5.10 for more information concerning the formal safety evaluation)
The determination of the safety analysis and supervisor consultation
associated with the decision to reunify and implement an in-home safety
plan must be documented in the PCFA contact section.
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Contact with Safety Service Providers during Case Transfer
The CPS Social Worker who will be providing and/or arranging ongoing services
must attempt to contact safety service providers (formal and informal) who are
participating in in-home safety plans prior to case transfer. The safety services
providers should also attend the case transfer staffing. If this cannot occur, contact
must be made as soon as possible but no later than three (3) days after case
transfer. The purposes for the contact with safety services providers are:
To elicit their understanding regarding the reason for the safety plan;
To clarify their role in the safety plan with respect to assuring child safety;
and
To reconfirm their continued commitment and ability to remain actively
involved in meeting the expectations of the safety plan.
5.8.4 Case Transfer meeting with the family
The Family Functioning Assessment Social Worker and the Ongoing CPS Social
Worker should meet with the family upon case transfer. The following must occur
during the Case Transfer meeting with the family:
Introduce the Ongoing CPS Social Worker to the family;
Explain the purpose of Ongoing Child Protective Services;
Thoroughly explain the safety decision and impending danger(s) that must
be addressed;
Listen to the caregiver’s concerns, answer their questions and allow the
caregivers to be an intricate part of the safety planning process;
Engage the family in exploring safety resources and safety planning
options;
Identify absent parents and their locations/contact information;
Meet with both formal and informal safety resources (extended family,
friends, etc.) if appropriate to ensure their reliability and understanding of
their roles in safety planning;
Begin the Protective Capacities Family Assessment.
5.9 Ongoing Safety Management
It is the responsibility of the Ongoing CPS Social Worker to actively manage the
safety plan (in-home or out of home). Effective ongoing safety management
requires constant attentiveness to changes in family circumstance or in placement
settings that may compromise the sufficiency of a safety plan. Diligence in
ongoing safety management comes because of maintaining routine and timely
contact with caregivers, children, in-home formal and informal safety service
providers, placement settings, and responding immediately when information
suggests a safety plan is not keeping a child safe.
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General Requirements for Managing Sufficient Safety Plans
Coordinating and guiding formal and informal safety service activities;
Generating formal and informal safety service resources;
Evaluating the sufficiency of safety services;
Evaluating impending danger;
Revising safety plans if indicated; and
Facilitating communication and assist to resolve conflict.
5.9.1 Managing the In-Home Safety Plan
The Ongoing CPS Social Worker must continually evaluate the sufficiency of an
in-home safety as long as threats to child safety exist, which require the need for
a safety plan. In order to do this the Ongoing CPS Social Worker must:
Contact with caregivers, children and safety services providers must be
based upon the safety plan and the family circumstances. The supervisor
should be involved in making this determination, but in no case, should face
to face contact be less than once a month;
The Ongoing CPS Social Worker must make immediate contact with
caregivers and children if information from the family, safety service
providers or collaterals indicates that impending danger is not being
sufficiently controlled and managed;
The Ongoing CPS Social Worker must have a minimum one phone or face
to face contact per week with in-home safety service providers listed on the
safety plan unless additional contacts are necessary based on family
circumstance and/or supervisor’s request.
The purpose of contacts related to In-Home Safety Planning with the family,
providers and collaterals includes:
Evaluation for status of the impending danger;
Changes in individual or family circumstances that may require a
formal reevaluation of safety;
Review safety service actions and timeframes, and resolve issues related
to safety service providers (as indicated);
Consider necessary adjustments to the safety plan.
Review and verification that the expectations for safety service actions are
being met;
Evaluation family circumstances; impending danger and the continued
safety of children; and
Commitment from safety service providers to remain involved in the safety
plan.
Based on discussions with caregivers and in-home safety service providers, the
Ongoing CPS Social Worker must determine the appropriateness of the level of
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intrusiveness needed to assure child safety. If changes in case circumstance
indicate that a less intrusive in-home safety plan can assure child safety, the
Ongoing CPS Social Worker must consult with a supervisor prior to proceeding in
modifying and/or reducing the provision of the in-home safety plan. A Formal
Evaluation of Safety as described in CPS Policy Section 5.10 must be completed,
which includes a Safety analysis.
5.9.2 Managing the Out-of-Home Safety Plan
The standard for managing safety in placement is consistent with requirements set
forth in the Adoption and Safe Families Act. When the implemented safety plan
involves the placement of children out of the home, CPS maintains the
responsibility to assure that children are placed into a safe environment. CPS
requirements for establishing and managing safety in placement include
placement with relatives, other natural supports, foster homes and
institutions. The Ongoing CPS Social Worker is responsible for a child’s safety by
assuring the absence of present danger; impending danger; or indications of
maltreatment in the placement setting.
A. Contact with Placement Providers to Determine the Sufficiency of an
Out-of-Home Safety Plan
The Ongoing CPS Social Worker must evaluate the sufficiency of an out of home
safety plan at the point a child is placed and continuously throughout ongoing CPS
involvement and until reunification occurs.
The evaluation of child safety in placement includes the following:
When placement occurs during ongoing CPS, the CPS Social Worker must
evaluate whether a placement setting is a safe environment at the time of
placement. Please Review Foster Care Policy for more information
concerning placing with kinship relatives.
B. Timeframes and Contact Requirements for Confirming a Safe
Environment of the Placement Setting
Contact with children and placement providers must be based upon the
child’s needs, behaviors and other circumstances. The supervisor should
be involved in making this determination, but in no case, should face-to-
face contact be less than once a month;
Face to Face contacts with children must include private, individual
discussions;
Face to Face contact must occur with all substitute caregivers responsible
for the caring the children at a minimum of one time per month but more if
the case circumstances require;
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Contact with placement providers, and children if age appropriate, should
be made by phone as necessary but no less than bi-weekly;
The Ongoing CPS Social Worker must formally evaluate the provision and
sufficiency of the out of home safety plan every ninety (90) days by formally
completing the Family Case Plan review and the Continuing Safety
Evaluation.
Safety management of out of home safety plans (placements) during contacts
must include consideration for the following:
Child’s adjustment to the placement setting;
Child’s needs and the extent to which needs are being met;
Changes in the placement setting that may influence the sufficiency of the
safety plan; and
Concerns or issues being expressed that require a prompt response and/or
additional support for the placement;
If the placement setting is a certified foster home or non-certified placement
and general concerns or issues arise, the Ongoing CPS Social Worker
should address this with the foster parent(s). If there are conditions where
abuse or neglect has occurred or is likely to occur as defined by statute, a
CPS Referral should be made at that time;
Issues that violate one or more residential licensing regulations as outlined
in 78CSR 2 (child placing) and 78 CSR 3 (residential group care) may be
reported to the Residential Child Care Licensing Unit Program Manager.
C. Requirements for Immediate Contact with a Child in the Placement
Setting
Ongoing CPS Social Workers must make immediate contact with caregivers
and children in the placement setting if there is an indication of maltreatment
and/or present or impending danger in the placement setting. A referral for
CPS must be made in these situations.
D. Visitation Plans
If the child is in out-of-home care, with relatives or foster parents, a visitation
plan must be established for face to face caregiver and child visitation. If
visitation will compromise child safety, the plan could possibly be that no
visitation should occur.
Supervisor Consultation
Supervisor consultation and approval of placements must include the following:
Anytime a safety decision is being made supervisor consultation is required
and minimally supervisory consultation related to ongoing safety
management must occur monthly;
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Confirm the continued need for placement;
The potential use of a less intrusive in-home safety plan;
Reconfirm that the placement setting continues to be a safe environment.
Supervisory approval of a placement must occur every 90 days (following
placement) as part of the Family Case Plan Evaluation and Formal
Continuing Safety Evaluation;
Supervisor consultation must also occur at any time concerns for child
safety emerged in the placement setting.
5.10 Continuing Formal Evaluation of Child Safety
Although child safety is evaluated at each contact with the family and collaterals,
there may be times when the safety of the children must be formally evaluated and
recorded in the case record. A formal evaluation of safety must occur when a
significant change in family circumstances occurs, at CPS Ongoing Case Reviews
and prior to reunification. In some instances, it is appropriate to complete a formal
evaluation of safety rather than a full Family Functioning Assessment when a new
referral is received on a CPS Ongoing case.
During the Ongoing CPS case, there will be times when a significant change in
family circumstances occurs, such as a formal/informal safety service becomes
ineffective or a caregiver moves in or out of the residence. In these situations, a
formalized evaluation of safety must occur to determine if impending danger
continues to exist and ensure that the appropriate safety plan is in place. When
a significant event or change in circumstances occurs, the CPS Social Worker
must:
Examine and analyze the change in family circumstances to determine the
appropriate manner to complete the evaluation of safety. Consult with a CPS
Supervisor if necessary to make this determination;
Collect all information concerning the significant event or change in
circumstances, how child safety may be impacted and any new information not
known during the Family Functioning Assessment or Ongoing CPS Case
relating to the six areas of Family Functioning found in Policy Section 4.6.1 and
document the information on the Continuing Safety Evaluation;
Determine if impending danger exists by referring to and following the
applicable SAMS FFA policy concerning impending danger and the danger
threshold criteria;
If impending danger exists, complete the safety analysis to determine the
appropriate safety plan always referring to and following the applicable SAMS
policies and procedures concerning safety analysis and safety planning;
If impending danger does not exist begin the process of case closure with the
family considering any current safety or treatment focused services; and the
family’s need for case closure to proceed in an orderly manner.
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When a new referral is received alleging behaviors indicative of abuse or neglect,
or conditions where abuse or neglect is likely to occur in an Ongoing CPS Case or
when a Family Functioning Assessment has been approved but the Ongoing CPS
Case has not been assigned, the following must occur:
Examine and follow Policy Section 3.7 to determine if a new Family Functioning
Assessment must be completed or if a formal evaluation of safety is
appropriate. This includes the steps outlining the appropriate manner to merge
and association that occurs in FACTS, if appropriate;
If a Family Functioning Assessment must be completed, follow all the
applicable policies and procedures found in Policy Section 4;
If a formal safety evaluation will be completed due to the referral containing the
same family issues or patterns of behavior already known, consult with a CPS
Supervisor to determine the appropriate manner to complete the safety
evaluation taking into consideration the information alleged and what is already
known about the family. The appropriate manner for completing the evaluation
of safety may include following information collection protocol found in Section
4.6. Response to the referral must minimally meet the Policy Section 3.4
regarding;
Collect any new information concerning the Six Areas of Family Functioning
found in Policy 4.6.1 as well as any other concern for the children’s safety;
If impending danger exists, complete the safety analysis and planning to
determine the appropriate safety plan always referring to and following the
applicable policies and procedures concerning safety analysis and safety
planning. As part of this process, determine if the current safety plan is
appropriate or should be dismissed and a new safety plan deployed;
If impending danger does not exist begin the process of case closure with the
family considering any current safety or treatment focused services; and the
family’s need for case closure to proceed in an orderly manner taking into
consideration the supports the family is currently receiving and develop a case
closure strategy with the family;
If safety is formally being evaluated due to case plan evaluation/review or prior to
reunification, the following must occur:
Consider the caregivers progress with the treatment plan/family case plan in
determining if the children would be in impending danger if the safety plan was
discontinued or if the children were reunited;
If impending continues to exist complete the safety analysis and planning to
determine the appropriate safety plan always referring to and following the
applicable policies and procedures concerning safety analysis and safety
planning;
If impending danger does not exist begin the process of case closure with the
family considering any current safety or treatment focused services; and the
family’s need for case closure to proceed in an orderly manner;
If the family is in court due to an out of home safety plan, inform the MDT and
court the results of the safety evaluation as part of the regular casework
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process;
If an Out-of-home Safety Plan has been in place but the safety evaluation and
safety analysis determines an in home safety plan is the least intrusive
approach to keeping the children safe, the following must occur: consult with
your supervisor and Prosecuting Attorney as soon as possible, advise the
Prosecuting Attorney the results of the safety evaluation and safety analysis
explaining the rationale for requesting the dismissal of the out of home safety
plan and implementation of an in home safety plan, request the Prosecuting
Attorney represent the Departments position in court, schedule an MDT and
court hearing date as soon as possible;
If an Out-of-home Safety Plan has been in place but the safety evaluation
indicates no safety plan is required, the following must occur: Consult with your
supervisor and Prosecuting Attorney as soon as possible, advise the
Prosecuting Attorney the results of the safety evaluation and safety analysis
explaining the rationale for requesting the dismissal of the out of home safety
plan, request the Prosecuting Attorney represent the Departments position in
court, schedule an MDT and court hearing date as soon as possible, explore
with the family and MDT an appropriate return of the children and case closure
strategy that would transition the children home in an appropriate, beneficial,
and safe manner taking into consideration the supports the family is currently
receiving.
5.11 Conducting the Protective Capacities Family Assessment
The Protective Capacities Family Assessment (PCFA) adheres to the
requirements set forth in the Adoption Safe Families Act for addressing threats to
child safety in case plans. The PCFA applies the concept of caregiver protective
capacities as the basis for establishing case plan goals that are individualized to
caregivers and families and target behavioral change. The PCFA process is
fundamental to ongoing safety intervention with respect to both safety
management and remediation. The Protective Capacities Family Assessment has
three (3) distinct stages of intervention:
1. Introductory
2. Discovery
3. Family Case Planning-Change Strategy
The Ongoing CPS Social Worker must include the following in the approaches to
conducting the PCFA:
Use interpersonal techniques that are intended to engage caregivers in
developing individualized case plans;
Use active efforts to seek agreement regarding what must change to create
a safe home, selection of case plans services and the prioritization of
service delivery;
Interact with caregivers in a way that recognizes and demonstrates respect
for caregiver self-determination and personal choice; and
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Use interpersonal techniques that are intended to help facilitate caregiver
change associated with family case plan outcomes.
5.11.1 PCFA Decisions
The Ongoing CPS Social Worker must make the following decisions by the
conclusion of the PCFA:
Are safety threats being sufficiently managed and controlled?
How can existing enhanced parent/caregiver protective capacities be used
to help increase parent/caregiver protectiveness?
What is fundamental impending danger to the child based on how
impending danger threats are manifested in the family?
What parent/caregiver protective capacities are diminished and therefore
resulting in impending danger to the child?
How ready, willing and able are parents/caregivers to address impending
danger and diminished protective capacities, and what are the implications
for continued CPS Social Worker engagement and facilitation with the
family?
What change strategy (family case plan) will most likely enhance
parent/caregiver protective capacities and decrease impending danger?
5.11.2 The Trans-Theoretical Model (TTM)
Trans-Theoretical Model (TTM) provides a way to understand and intervene in
human change. The premise of (TTM) is that human change occurs as a matter
of choice and intention and that intervention can facilitate the process. The
Protective Capacity Family Assessment is the first structured intervention with
families once a case has been transferred to ongoing CPS and, as such, it provides
ongoing CPS social workers with the initial opportunity to begin engaging family
members in a process whereby the facilitation of client change can occur. There
is one systematized concept of TTM that the CPS Social Worker must be familiar
with when intervening with families during the Protective Capacity Family
Assessment: The Stages of Change.
Stages of Change
The stages of change represent the dynamic and motivational aspects of the
process of change. They are a way of dividing up the process of change into
discrete segments that can be associated with where people are with respect to
change. There are five sequential steps that people move through during change
and also move back and forth within during change. In other words, people may
progress through one stage after another until change is complete or they may
revert back to previous stages as they move forward some, back some, forward
some and so on. The stages of change are:
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Pre-Contemplation (Not Ready to Change)-The person is yet to consider the
possibility of change. The person does not actively pursue help. Problems are
often identified by others. Concerning their situation and change, people are
reluctant, resigned, rationalizing or rebelling. Denial and blaming are common.
Contemplation (Thinking about Change)-The person is ambivalent, and both
considers change and rejects it. The person might bring up the issue or ask for
consultation on his or her own. The person considers concerns and thoughts but
no commitment to change.
Preparation (Getting Ready to Make a Change)-This stage represents a period
when a window of opportunity to move into change opens. The person may be
modifying current behavior in preparation for further change. A near term plan to
change begins to form.
Action (Ready to Make a Change)-The person engages actions intended to bring
about change. There is continued commitment and effort.
Maintenance (Continuing to Support the Behavior Change)-The person has
successfully changed behavior for at least 6 months. He or she may still be using
active steps to sustain behavior change and may require different skills and
strategies from those initially needed to change behavior. The person may begin
resolving associated problems.
(The material on the stages of change is paraphrased from the work of Carlo Di
Clemente and J. Prochaska.)
5.12 Initiation of the PCFA-Introductory Stage
During the Initiation of the PCFA, it is imperative that the CPS Social Worker begins
the process of understanding the caregiver’s perspective regarding CPS
involvement. The CPS Social Worker must discuss the reason for Ongoing CPS
involvement with the caregivers. Clearly defined roles and expectation of CPS
Staff, Safety Resources and Caregivers must be understood. CPS Social Workers
must continually reexamine the caregiver’s attitudes and motivation as it relates to
the stages of change. The CPS Social Worker must explain the differentiation
between the FFA Process and Ongoing CPS. The PCFA should also begin to be
discussed and explained to the caregivers. As in all contact with caregivers, safety
resources and collaterals, the safety plan should be examined to determine its
sufficiency to control impending dangers.
Within five (5) calendar days following the case transfer staffing, the
Ongoing CPS Social Worker must have face to face contact with caregivers
and all children who are present in the home at the commencement of the
PCFA.
All children who were not present at the initial PCFA Introduction meeting
must be seen within ten (10) days following the case transfer meeting, this
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includes children in placement.
Face to face contact with caregivers and children must occur immediately if
information regarding case circumstances indicates that an in-home safety
plan is not sufficiently managing safety influences.
5.12.1 Foster Care Candidacy
In 2006 the definition of who qualifies as a foster care candidate was narrowed, as
well as the documentation requirements pertaining to those children. The
Administration for Children Youth and Families (ACYF) issued the following policy,
ACYF-CB-IM-06-02, dated June 9, 2006, which states: “New section 472(i)…
permits a State to claim Federal reimbursement for allowable administrative costs
for a potentially title IV-E eligible child who is at imminent risk of removal from the
home if: reasonable efforts are being made to prevent the removal of the child from
the home or, if necessary, to pursue the removal, and the State agency has made,
at least every six (6)months, a determination or redetermination that the child
remains at imminent risk of removal from the home.”
Foster Care Candidates are those children and youth who are at imminent risk of
removal from their home, absent effective preventative services. A child or youth
is at imminent risk of removal from the home if the state is pursuing removal or
attempting to prevent removal by providing in-home services.
The Child Protective Service Worker will:
Thoroughly explain that should the family not be able to comply with the
service plan and meet the goals laid out in it, their child(ren) may be
removed from the home;
The Worker will print the names of those children who are at imminent risk
of removal from the home on the Family Service Plan, under the statement
on the form “Identify the child(ren) or youth who are at imminent risk of foster
care placement if the preventative services outlined in the case plan are not
provided.” The parent(s) and caregiver(s) in the home will sign the Family
Service Plan, acknowledging that they understand that should the family not
be able to comply with the service plan and meet the goals laid out in it,
their child(ren) may be removed from the home.
5.13 Completing the Protective Capacities Family Assessment-
Discovery Stage
During the Protective Capacities Family Assessment (PCFA), the CPS Social
Worker must thoroughly understand how the caregivers diminished protective
capacities result in the children being in impending danger. The CPS Social
Worker is responsible for engaging the caregiver in an attempt to assist the
caregiver in raising self-awareness and understanding regarding what behavior
must change in order for their children to be safe. A fundamental objective of the
PCFA Discovery stage is to seek mutual understanding and agreement between
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the worker and caregivers regarding what must change related to diminished
caregiver protective capacities. During contact with the family, formal/informal
providers and collaterals, the following must be discussed and examined in order
to facilitate the caregiver’s progression through the stages of change.
Identify family strengths and existing caregiver protective capacities that
can be utilized to promote change to create safety and permanence for
children;
The relationship between diminished caregiver protective and impending
danger;
The needs of children and identify ways in which caregivers can be fully
involved and support meeting the needs of their children;
Determine whether any professional evaluations (i.e. mental health;
medical; educational) are indicated to inform treatment service needs for
children; and
Consider areas of agreement and disagreement regarding impending
danger and identify caregiver stages of change related to addressing
diminished caregiver protective capacities.
The level of effort required to complete the PCFA is determined by the number,
frequency and length of case contacts with caregivers and children necessary to
achieve the facilitative objectives and decisions of the PCFA. When determining
the level of effort, the following must be considered:
The Ongoing CPS Social Worker must conduct an adequate number of face
to face contacts with caregivers (individually; jointly; or group meetings)
necessary to complete the PCFA;
Contacts with caregivers and children during the PCFA process must be
focused on engaging the caregivers and children in the PCFA process and
result in the ability to make key PCFA decisions;
The judgment concerning sufficient level of effort and achievement of
objectives of the PCFA must be determined through supervisory
consultation;
The PCFA must be completed within 45 days of the approval of the FFA.
The Ongoing CPS Social Worker must complete the PCFA with caregivers
and produce a documented family case plan within 45 days of approval of
the FFA;
If at the conclusion of the PCFA process there is no agreement from the
caregiver regarding what must change, the Ongoing CPS Social Worker
must proceed in selecting case plan goals for change;
In the event that the caregiver becomes involved following the completion
of the Family Case Plan, a Family Case Plan Evaluation must be completed
to determine the sufficiency of the description of impending danger and the
accuracy of case plan goals;
For situations when the caregiver location or identity of absent parent is
unknown, diligent attempts to identify and/or locate the absent parent must
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be clearly documented. If the caregiver is located, the Ongoing CPS Social
Worker would proceed with the PCFA process and case plan.
If the child primarily lives with the non-maltreating/non-threatening parent, the
following situations need to be considered to determine what is completed with the
family:
When the threatening parent has access to the child but is not the primary
custodian, the Protective Capacities Family Assessment and Family Case
Plan must be developed with the threatening parent in an attempt to
eliminate impending danger. The assessment of children’s needs should
occur by engaging both parents in the process;
If the threatening parent is unable to change the threatening behavior, CPS
and the non-threatening parent may file a co-petition in order to provide a
safe and permanent home for the child if appropriate.
5.14 Assessment of the Children’s Needs in Ongoing CPS
Although CPS seeks to serve children who are unsafe and will begin the case
closure process once safety can be maintained in a permanent living situation,
CPS believes that every child that becomes involved with our program has the
right to have their needs assessed. It is important that a child have a thorough
assessment of needs for CPS to help the parents meet the needs of each child.
The assessment of needs may take on different forms. Children’s needs can be
assessed through observation, a formal evaluation conducted by another agency,
or through a contracted provider. Assessment may also be done through an
informal process by conducting interviews with the child, family and service
providers. Medical records, school records and mental health records should be
requested when needs are observed in one of these areas and the caregiver is
willing to sign a release for the records. Discussion with the caregiver about the
release of records related to needs must be included in the narrative. The starting
point to begin gathering assessment information is through the Family Functioning
Assessment (FFA) child functioning element.
It is important that throughout the life of the case that the assessment process
continues. Thorough assessments that define the child’s strengths and needs are
necessary for the development of a case plan. The following are areas to be
considered based on the individual family and child circumstances. The areas
below are suggestions for ongoing dialogues with the family regarding the
children’s development. All of the areas below are not appropriate for all children
and it is not expected that these points be discussed during one visit, rather the
following areas are expected to be considered as a component of an ongoing
assessment of child functioning.
Assessing Child Needs
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Development
Are there current services? What are they and for what purpose?
An assessment of: Gross motor skills, Fine motor skills, Cognitive,
Expressive and receptive language, Social interactions, Age-appropriate
activities of daily living
Are there concerns?
Services in the past, needs?
Document and refer to services, if needed.
Substantiated cases-require Birth to 3 referrals (Federal mandate)
Medical
Names and addresses of the child’s health and medical provider(s), with
details of illnesses, accidents, and previous hospitalizations, including
psychiatric hospitalizations. Can the parent give you information that will
assist you in assessing medical?
Prior and current illnesses or health concerns.
Immunization history.
Medications (prescription and over-the-counter).
Allergies (food, medication, and environmental).
Durable medical equipment/adaptive devices currently used or required by
the child (e.g., wheelchair, feeding pump, glasses).
Needed follow-up or ongoing treatment for active problems.
Request records and review.
Overweight children obesity, nutrition- any concerns? Refer if needed?
Eating disorder concerns?
What medical concerns do you have with your children?
Does your child require any special medical care?
Birth Defects? Special Needs? What care do they require or need?
When was the last time your child was seen? Next appointment?
Baby and Well Child check? Are they being done?
Pregnancy, concerns, did they get pre-natal care? Birth issues? Use of
alcohol or drugs?
Nursing? Bottle Feeding?
Are they on Medicaid? Private insurance? If needed refer family to
Medicaid/CHIPS/WIC.
Birth to Three? Refer as needed.
Child’s growth and nutrition-ask what they weigh, height.
Review with parent(s) Prevention and Risks: SIDs/positional affixation,
Shaken Baby Syndrome information.
Vision
Vision concerns?
Who is the physician? What clinic?
Last appointment and when are the next appointments? Why seen? Refer
if needed.
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Do they have glasses? Contacts?
Dental
Who is the child’s dentist? When seen last? For what? Next appointment?
Refer if needed.
Are there any dental concerns?
Teeth brushing and care?
Hearing
Any concerns with child?
Seen by whom? When? Needs? Follow-up?
Any concerns with speech or chronic ear infections?
Any services for hearing? Speech? ENT?
Refer if needed.
Mental Health
Is the child being seen? By who? Name of Dr. and or therapist and clinic?
When was last appointment and next?
What special care do they need or receive?
What is the mental health treatment plan for the child?
Are they on medications, who prescribed it? What is the Dr.’s name?
Has the child had a psychological evaluation, when, where and what was
diagnosis? Who conducted it?
Talk with therapist, psychologist and psychiatrist.
Observations
Risks for suicide, self-mutilating behaviors, and/or violence.
Substance exposure, misuse, abuse, and addiction.
Risky sexual behavior.
Risk of antisocial behavior.
Angry outbursts.
Excessive sadness and crying.
Withdrawal.
Lying or stealing.
Defiance.
Unusual eating habits, such as hoarding food or loss of appetite.
Sleep disturbances.
Change in behavior at school, including truancy.
Education
What grade are they in?
What school?
Who is the teacher or counselor?
IEP? For what? Do parents have a copy? Attend meetings?
Attendance/attitude concerns?
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Grades?
Attending parent conferences?
Any issues with education needs met?
Special Ed needs?
Pre-school?
IFSP?
Education-School- History or performance, IEP attendance? What is the
parent involvement?
Drug and Alcohol/Substance Abuse
Any issues with child with drug and alcohol? When? Who seen? Refer if
needed?
Is there an alcohol assessment? Who completed it? Results?
Has child been in treatment or is currently in treatment? Where?
Last drug screen.
Sexuality
Is child sexually active or promiscuous?
Is child on contraceptives, what, who prescribed?
Has the child had any pregnancies? What happened?
Does the child have any sexualized history and what has been done to help
them work through that?
Has the child ever been sexually abused?
Legal
Has the child been involved with DOC, Court Services or the Juvenile Court
System? Where and what for?
Does the child receive child support?
Is the child a Legal Immigrant?
Cultural Connections
Does the child have specific cultural activities that they attend or practice?
Are there any traditional foods that your family eats?
What are family traditions that are important to the child?
Do you practice a certain faith, if so, what faith and does your child practice
it?
Social/Other Needs
Extracurricular activities
Social clubs
Boys Club/Girls Club
4-H
Mentoring programs Big Brother/Big Sister
Destination Imagination
Sports
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YMCA
Transportation
Church Groups
Child Care Needs
Employment
Faith Youth Groups
5.15 Caregivers who refuse to cooperate with the PCFA
When children are in impending danger AND caregivers refuse to cooperate with
CPS in completing the PCFA or Family Case Plan, CPS must take the following
immediate steps:
Consult with a supervisor to identify immediate response.
Thoroughly document all efforts to engage the caregiver and the caregiver’s
response/actions
Consult with the Prosecuting Attorney
In relation to the consultation with the Prosecuting Attorney, the following must be
discussed and must occur:
Thoroughly explain the FFA information and decisions concerning
impending danger. This includes but is not limited to discussing the 6 areas
of Family Functioning, the identified impending danger and how the
impending danger met the danger threshold criteria.
Thoroughly explain all efforts used to engage the caregiver and the
caregiver’s response.
Determine through Supervisor consultation and if necessary through
consultation with Child Welfare Consultants, Regional Program Managers
or Department Attorney’s what relief should be requested from the courts.
File a petition with the court asking for either a court order requiring
caregiver cooperation or involvement with the PCFA or legal custody and
removal of the children.
5.16 Family Case Plan-Change Strategy Stage
The Family Case Plan is an organized, written agreement between the social
worker and the caregivers, and children when appropriate. The Family Case Plan
is a deliberate, reasonable, mutually agreed upon strategy to enhance diminished
protective capacities and in turn eliminating or reducing impending danger. It
involves planned action to support a family and its members toward the desired
and prescribed goals. The goals, if achieved, will enhance the diminished
protective capacities identified during the FFA and PCFA. The likelihood of
achieving the desired outcome of a safe and permanent home for the child(ren) is
directly related to the appropriateness of the Family Case Planning. The most
difficult and most critical aspect of Family Case Planning involves seeking
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agreement from caregivers regarding the identification of goals for change. The
Family Case Plan is the Caregiver’s plan which emerges from the PCFA, rather
than the CPS Ongoing Social Workers plan. Family Case Plans will likely not work
if Caregiver’s are not invested in them. Caregiver’s must be actively involved in
the PCFA Family Case Planning process if change is to occur.
5.17 Documenting the Family Case Plan
To document the Family Case Plan, the CPS Social Worker will:
Develop the plan based upon enhancing the diminished protective
capacities identified in the family functioning assessment as well as any
newly discovered diminished protective capacities confirmed because of
the PCFA;
Based on what was discovered and agreed to about what must change,
document behavioral goals that are designed to enhance the diminished
protective capacities and reduce or eliminate impending danger including
identification of the person for whom the goal is established;
Document a comprehensive family case plan which represents what the
worker and the family agree is required to enhance protective capacities
and therefore eliminate impending danger;
Prioritize; with the family and providers, what will be worked on, when and
for how long;
Establish the length of service expected in the case and identify the
estimated date for closure. This is an estimation of the date that the worker
and the family expect that the children can be maintained safely in their
home, not whether all the child’s well-being needs are met;
Identify when the plan is to be initiated, which is the date that the family
members and providers will commence activity (e.g., counseling, training,
skill development, etc.);
Based on the PCFA family member’s’ acceptance of the plan. This should
include consideration and description of how family members participated.
Consider and document agreement or disagreement with the plan, levels of
motivation and potential or actual resistance;
If at the conclusion of the PCFA process there is no agreement from the
caregiver regarding what must change, the Ongoing CPS Social Worker
must proceed in selecting Family Case Plan behavior goals in order to
achieve the desired Ongoing CPS Intervention outcomes;
If the caregiver becomes involved following the completion of the Family
Case Plan, a Family Case Plan Evaluation must be completed to determine
the sufficiency of the description of impending danger and the accuracy of
case plan Goals;
For situations when the caregiver location or identity of absent parent is
unknown, diligent attempts to identify and/or locate the absent parent must
be clearly documented in the child narrative. If the caregiver is located, the
Ongoing CPS Social Worker would proceed with completing the Protective
Capacities Family Assessment and Family Case Plan;
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Complete one (1) Protective Capacities Family Assessment and Family
Case Plan for all primary caregivers who are living together in one
residence;
Caregivers who separate or divorce following the completion of the Family
Case Plan, complete a separate Family Case Plan Evaluation for each of
the caregivers if both are/were a threat to child safety; and
If there is more than one caregiver involved on a case living in separate
residence and each having indications of impending danger, a separate
Family Case Plan must be completed with each of the caregivers;
When the maltreating/threatening parent has no access to child due to a
temporary court order, and the children are residing with the non-
threatening parent, the PCFA is completed with the maltreating parent and
the child’s plan is completed with the non-threatening parent and children
to address needs of children;
When the threatening parent has access to the child, but does not live with
child, and the children are living with the non-threatening parent, PCFA
completed with maltreating parent and child’s plan is completed with the
children and non-maltreating caregiver;
For children who are residing in the home at the conclusion of the PCFA
process, all identified treatment/ service needs of the children must be
documented in the Child’s Need Section of the Family Case Plan.
In completing the Family Case Plan the worker will also:
Identify Case Management Tasks which are the tasks the CPS Social
Worker must carry out in the next ninety (90) days to facilitate the
implementation of the family case plan;
Establish and document a family case plan evaluation date@ which must
not be more than ninety (90) days from the date the family case plan is
initiated;
Evaluate and document the sufficiency and need for any existing safety
plan;
Develop and document behavioral goals which are designed to help the
family member progress toward enhancing the diminished protective
capacities that resulted in the child being in impending danger. These
tasks or activities should be very specific, behavioral assignments which
a client and provider agree will be helpful in facilitating change. These
mini service objectives are an informal part of the treatment process and
plan. They are typically short-term and operate within the service context
on a week-to-week basis. Client tasks are established and monitored
during service provision sessions;
Seek parent signatures on the family case plan to signify agreement or
disagreement with the plan.
Supervisor Consultation during the Protective Capacities Family Assessment and
Family Case Plan process:
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Supervisory consultation must support the Ongoing CPS Social Workers
approach and involvement with caregivers, strategizing around
interpersonal practice issues and reviewing decision making;
Supervisors must plan and provide consultation to Ongoing CPS Social
Workers focusing on assisting Ongoing CPS Social Worker in achieving the
specific facilitative objectives of the Protective Capacities Family
Assessment and Family Case Planning process.
5.18 Family Case Plan Components
The Family Case Plan is developed around four (4) specific components:
1. Outcome: The caregiver/parent will demonstrate enhanced behavioral,
emotional and/or cognitive protective capacities which will ensure their child’s
safety or the child will be safe as demonstrated by the caregiver/parent’s
enhanced protective capacity which will eliminate or reduce the impending
danger threat to the child.
2. Goals: Goals are individualized behaviorally specific statements that described
what must change associated with the enhancement of diminished caregiver
protective capacities. The achievement of goals will result in elimination of
impending danger and the achievement of the intervention outcome.
3. Services: those actions which are implemented by the CPS agency or other
agencies which will assist caregivers and children in accomplishing specific
goals. Service Providers can be either formal or informal.
4. Time Frame: indicates how often and for how long services will be provided,
when goals are to be reached, and when review of progress is to occur.
5.19 Conclusion of the PCFA and Family Case Plan
To conclude the PCFA and Family Case Plan, the worker will:
Complete and document the PCFA and Family Case Plan within forty-five
(45) days of the date the Family Functioning Assessment was completed;
Transmit the case to the supervisor for review and approval.
The supervisor will:
Review the PCFA and Family Case Plan for general thoroughness and
completeness;
Review the procedure the CPS Social Worker followed in completing the
PCFA. If the appropriate procedures were not followed, determine the
reason;
Review any revisions to an established safety plan at the initiation of the
treatment plan and assure that a safety plan is in place, if indicated;
Review whether the documented PCFA reflects the worker and caregiver
understanding of diminished caregiver protective capacities and what
must change;
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Review the adequacy and the specific details of the family case plan in
terms of identified outcomes, goals, measures- and services initiated.
Review whether caregivers were effectively involved in the PCFA and
formulating the Family Case Plan;
Review whether the multi-disciplinary treatment team, if indicated or other
parties relevant to the case were involved in the family assessment and
development of the Family Case Plan;
Review whether there is evidence of relationship building by the CPS
Social Worker with the caregivers;
Review whether clear expectations were established with service
providers;
Document supervisory consultation and approval within the appropriate
screens within FACTS.
If the PCFA and Family Case Plan are unsatisfactory for any reason, the
supervisor will:
Meet with the CPS Social Worker to discuss the areas that need
improvement;
Provide or arrange for any assistance that the worker needs to make the
requested improvements;
Assure that the improvements are made, prior to approving the PCFA and
Family Case Plan.
Cases involving children in custody or under court jurisdiction:
If a caregiver chooses to not cooperate or participate in the PCFA process,
the Ongoing CPS Social Worker must document their level of effort in
attempting to engage the caregiver in the Contact/ Process section of the
PCFA.
5.20 Managing the Family Case Plan and Service Provision
The Ongoing CPS Social Worker is responsible for overseeing the implementation
of the case plan and working with caregivers to facilitate change. Managing the
Family Case Plan and service provision primarily involves assuring that case plan
services are targeting case plan outcomes associated with enhancing diminished
caregiver protective capacities.
Contact with Caregivers and Children Related to Family Case Plan Service
Provision
Contact caregivers, children and safety services providers must be based
upon the safety plan and the family circumstances. The supervisor should
be involved in making this determination, but in no case, should face to face
contact be less than once a month.
Discussions with case plan service providers must consider efforts being
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made to address case plan outcomes and evaluate caregiver participation
in case plan services.
During monthly contacts with service providers, Ongoing CPS Social
Workers must focus discussions on the status of change related to
enhancing diminished protective capacities.
5.20.1 Role of the CPS Social Worker in Family Case Plan Service Provision
The Ongoing CPS Social Worker’s perception of his/her role in facilitating change
is critical to the effectiveness of the Family Case Plan and family success. The
nature of the “working relationship” between the Ongoing CPS Social Worker and
caregivers is significantly important to enhancing caregiver protective capacities.
When interacting with caregivers, the Ongoing CPS Social Worker must
continually attempt to raise caregiver self-awareness regarding problems
and issues affecting child safety, while concurrently seeking to facilitate
motivation readiness necessary to promote change (enhancing caregiver
protective capacities).
Contacts with caregivers associated with the Family Case Plan service
provision must continue to respect and reinforce self-determination and
personal choice.
The interpersonal approach of the CPS Social Worker when engaging
caregivers must reflect a recognition and understanding that change occurs
as a result of an internalized process that involves caregivers thinking about
the need to change; deciding to change; investing in change; taking actions
to change; and maintaining change.
When having contact with caregivers, CPS Social Worker must apply a style
of intervention and interpersonal techniques that are most likely to assist
caregivers in moving through the stages of change.
The content for discussions with caregivers, providers and collaterals related to
facilitating successful implementation of the family case plan must focus on the
following:
Progress being made toward addressing what must change associated with
enhancing diminished caregiver protective capacities;
Internal and external barriers to change;
Caregiver motivational readiness to participate in case plan services and to
make necessary changes;
Clarification and/or adjustment to Family Case Plan outcomes or behavioral
goals;
Use of existing caregiver protective capacities to support change;
Relationship between caregivers and CPS and caregiver and case plan
service providers;
Family Case Plan effectiveness; and
Needs of children (in-home and in placement) and caregiver involvement in
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addressing the needs of children.
5.21 Family Case Plan Evaluation
The Family Case Plan Evaluation is a formal decision-making point in the safety
intervention process, which requires involvement from caregivers and children;
Family Case Plan service providers; and safety service providers.
5.21.1 The purposes of the Family Case Plan Evaluation are:
1. To measure progress toward achieving the goals in the Family Case Plan
associated with enhancing diminished caregiver protective capacities; and
2. To re-evaluate the status of impending danger and analyze the sufficiency
of safety plans and safety management using the Formal Safety Evaluation
as outlined in CPS Policy Section 5.10.
3. If appropriate, adjust the safety plan to ensure child safety in the least
intrusive manner.
4. To re-evaluate the status of the children’s needs; this includes an
assessment and description of previously identified needs and new needs,
determination regarding success of identified child activities, and a
summary of progress.
The Ongoing CPS Social Worker must formally measure progress in achieving
Family Case Plan outcomes and analyze safety plan sufficiency every ninety (90)
days following the date of the implementation of the case plan. Case Plan
Evaluation may need to be completed prior to the ninety (90) day minimum
standard. Circumstances that may require a Case Plan Evaluation to be
completed prior to ninety (90) days include:
Significant change in family circumstances; family dynamics;
Possible change in family circumstances which affect impending danger;
When considering reunification;
When immediate change in the Family Case Plan seems indicated; and/or
When considering case closure.
5.21.2 Completing the Family Case Plan Evaluation
When completing the Family Case Plan Evaluation, the Ongoing CPS Social
Worker must determine:
Status of impending danger;
Progress in enhancing caregiver protective capacities;
Specific indicators for measuring observable behavioral change;
Progress in achieving conditions for reunification if applicable;
Safety planning and analysis related to the least intrusive provision of
protection and the sufficiency of safety plans;
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Caregiver motivational readiness;
Caregiver participation in case plan service delivery;
Use of existing enhanced caregiver protective capacities
Addressing child needs; and
Effectiveness of Family Case Planning services and verification that case
plan services are occurring as directed;
Revise the Family Case Plan based upon the results of the Family Case
Plan Evaluation and formal evaluation of safety if indicated.
The Ongoing CPS Social Worker must consider the following information sources
and general areas of evaluation when completing a Family Case Plan Evaluation:
1. Caregivers, children and the family: Progress toward achieving change;
2. Family Case Plan Service Providers: Effectiveness in service delivery
related to achieving case plan outcomes;
3. Safety Service Providers: Least intrusive safety plans that are effectively
controlling impending danger; and
4. Ongoing CPS: Active/ reasonable efforts to engage caregivers and
facilitate change.
Supervisory Consultation and Approval Related to the Protective Capacity
Case Plan Evaluation
Supervisor Consultation must involve discussions related to:
The status of impending danger;
The evaluation and analysis pertaining to caregiver change and Family
Case Plan outcome achievement;
The effectiveness of Family Case Plan activities/ services and case plan
service providers; and
The provision of protection and sufficiency of safety plans;
Supervisor consultation must occur as part of the Family Case Plan
Evaluation. Supervisor consultation must occur prior to reviewing the
Family Case Plan with caregivers and obtaining their signatures;
The Family Case Plan must be reviewed and approved by a supervisor
signature;
The Ongoing CPS Social Worker must attempt to have the caregivers of the
children sign the Protective Capacity Case Plan Evaluation form.
5.22 PCFA and Family Case Plan Change Strategy in relation to
Foster Care Legal Requirements for a Child or Family Case
Plan
When children are in out-of-home care, the PCFA policies and procedures must
be followed unless the parent’s attorneys do not allow contact and cooperation
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with the CPS Social Worker.
The CPS Social Worker must thoroughly explain the impending danger(s)
identified, the PCFA process and the change strategy because of the PCFA to the
MDT as well as all identified treatment/ services needs of the children in order to
create an effective Child or Family Case Plan. When children are in out-of-home
care, the Court Approved Unified Child and Families Case Plan should be
completed with the MDT.
When a child is placed in the care, custody and control of the state as a result of
child abuse and neglect proceedings, various federal and state statutory
requirements go into effect. The purpose of the requirements is to assure the child
is safe, has a permanent placement and has their emotional, physical and
educational needs met.
A Case Plan for Foster Care is required by federal statute. In order to comply with
the federal statute, the Uniform Child or Family Case Plan must be completed
within sixty (60) days of the child entering legal custody. A Family Case Plan is
required by state statute and a Child’s Case Plan is required by state statute. In
order to comply with the state statutes, the Uniform Child or Family Case Plan must
be filed with the Court at certain points in the legal proceedings which require a
Family Case Plan or a Child’s Case Plan.
The Uniform Child or Family Case Plan is an automated report (Case Plan Report
or CPR) in FACTS. The report contains all of the information necessary to fulfill
the federal requirements for foster care programs and case plans SEC. 475
(42U.S.C. 675) of the Social Security Act. and state requirements for the family
case plan WV 49-4-408, and WV 49-4-604(d) the child’s case plan WV 49-4-604(a)
, Rules, 23,28 and 29 of the Rules of Procedure for Child Abuse and Neglect. It
is one document that fulfills the requirements for one federal statute and two state
statutes. The Case Plan Report can be printed whenever needed. The Case Plan
Report may be found in FACTS under “CPPR” in the New Court area. FACTS will
automatically populate some of the information to the report while, some
information must be added manually.
Existing policies which address Case Planning can be found in Foster Care
Policies for Case Planning; and Youth Services Policy 6.5. The new format was
developed in collaboration between the Court Improvement Program, the WV
Supreme Court of Appeals and the Bureau for Children and Families. The intent
was to encourage consistency throughout the state and to assure that case
planning and review was occurring as required by federal and state laws and
regulations. Further planning and development is occurring to electronically
exchange the information from the Case Plan and Progress Report with the
Supreme Court’s Unified Judicial Application (UJA).
The Uniform Child or Family Case Plan must be filed with the court in two stages
of the legal proceedings:
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1) Within thirty (30) days of the entry of an order granting an
improvement period;
2) At least five (5) judicial days prior to the dispositional hearing.
An improvement period is not granted in every case, so in some cases, the Uniform
Child or Family Case Plan will only be submitted one time, unless there is a need
to revise or modify the plan.
The following steps will need to be completed to prepare and file the Uniform Child
or Family Case Plan:
Ensure all necessary demographic, assessment, placement, court.
medical and mental health, relative, sibling, services, medical/mental
health, educational, child support, protection and safety plan, treatment
plan, visitation plan, independent living and permanency plan
information is collected, analyzed and documented in FACTS in a timely
manner, as required by CPS and Foster Care Policies;
Complete the Protective Capacities Family Assessment with the
involvement of the family (including the child when age appropriate) and
the Multi-Disciplinary Treatment Team within forty-five (45) days of the
completion of the Family Functioning Assessment. The Protective
Capacities Family Assessment may have to be completed prior to the
forty-five-day limit if the case proceeds to an improvement period or
disposition more quickly than forty-five (45) days;
The Protection Plan, Safety Plan, Family Functioning Assessment, and
Protective Capacities Family Assessment can be copied and used as a
“stand alone” document when needed. Those forms are not in FACTS
at the current time;
Utilize the information from the Protective Capacities Family
Assessment to complete Section XV of the Uniform Child or Family Case
Plan;
The Protective Capacities Family Assessment information does not
automatically populate to the CPR and must be entered manually. The
reason it does not automatically populate is due to SAMS not being fully
in the FACTS computer system. Once SAMS is fully implemented in the
FACTS computer system, Section XV will be based upon the SAMS
Case Plan and populated accordingly;
Complete the Case Plan Report within sixty (60) days of the child
entering care, custody and control of DHHR. The plan will be saved in
FACTS and will guide the caseworker and the MDT, but may not have
to be filed with the Court immediately;
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A Case Plan Report must be developed for each child, so that the plan
can be individualized for each child’s disposition, permanent plan,
visitation schedule, placement, need for services, parents, etc.;
Submit the Uniform Child or Family Case Plan to the parties, their
counsel, counsel for the child, the Court, and persons entitled to notice
and the opportunity to be heard at least five (5) judicial days prior to the
dispositional hearing. The Uniform Child or Family Case Plan is
submitted to the Court by filing it with the Circuit Clerk; or
Note: “persons entitled to notice and the opportunity to be heard” are persons other
than parties who include the CASA when appointed, foster parents, pre-adoptive
parents, or custodial relatives providing care for the child. Rule 3 of Rules of
Procedure for Child Abuse and Neglect Proceedings.
Submit the Uniform Child or Family Case Plan to the Court within thirty
(30) days of an order granting an improvement period. The Uniform
Child or Family Case Plan is submitted to the Court by filing it with the
Circuit Clerk. Once the Court approves the Plan, a copy should be
provided to the parties, counsel for the child and persons entitled to
notice and the opportunity to be heard;
A cover letter for submitting the plan to the required persons is included
in FACTS reports;
The Case Plan will be reviewed by the Judge. The Judge may or may
not approve the Case Plan and could direct the caseworker to make
changes to the Plan. If so, the original approved case plan should be
copied in FACTS and the changes made as directed by the Judge. After
approval by the supervisor, the second plan will be reflected in FACTS.
The new approved Case Plan should be re submitted to the Court;
Filing the Uniform Child or Family Case Plan with the Circuit Clerk
means taking or sending an original plan with a cover letter to the Circuit
Clerk and requesting that the Uniform Child or Family Case Plan be filed.
Providing a copy to the Prosecuting Attorney does not suffice for filing;
There may be times when the Uniform Child or Family Case Plan must
be modified due to significant changes in the case. If so, a new case
plan must be developed and filed with the Court and copies provided to
the parties, their counsel and persons entitled to notice and the
opportunity to be heard;
“Significant changes” may include the birth of a new child to the family,
additional respondents to the case, the change of a permanent plan or
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any other circumstance in which the Judge directs the modification of
the plan;
If there are not significant changes to the case, the Case Plan Progress
Report must be completed, filed with the Court and submitted to the
parties, their counsel, counsel for the child, the Court, and persons
entitled to notice and the opportunity to be heard, prior to the judicial
review or status conference;
The new Case Plan Progress Report is not available in FACTS. It is
under development. Until it is ready in FACTS, the existing “Case Plan
Evaluation of Progress” (CPS-0014) in FACTS should be used for
judicial foster care reviews and status conferences; see Rules 37, 44
and 47. This report is not converted to Microsoft Word, so it must be
developed and printed on a computer that has Word Perfect installed;
The Case Plan and Progress Report contain identifying information
about the child’s placement provider. If for any reason, the divulging of
this information presents a threat of harm to someone (the provider or
the child) the information should be redacted from the report prior to
release;
There are some sections of the CPR that may not be applicable to every
child. For example, not all children have CASA representatives, may
not be school age, may not have siblings, etc. Whenever that occurs,
the caseworker should simply enter “Child not in School”, “CASA not
appointed”, “Not Applicable”, etc. on the CPR. Sections cannot be
deleted or edited;
A pre adjudicatory improvement period may be granted by the Court at
any time prior to the final adjudicatory hearing; see Rule 23 and WV 49-
4-604(d). A Uniform Child or Family Case Plan would not be filed with
the Court prior to a pre-adjudicatory improvement period. However,
prior to the preliminary hearing, the caseworker should, according to
CPS Policy 7.15:
Prepare and develop general terms or requirements to offer if a
pre-adjudicatory improvement period is requested. Provide the
terms in writing to the prosecuting attorney prior to the hearing for
presentation at the hearing; see CPS Policy 7.15;
There is a DDE Word report in FACTS for this purpose. It is
“NOTIFICATION OF DHHR IMPROVEMENT PERIOD TERMS
(CPS-0055)”. The Improvement Period Terms on the Court
Notify Screen in FACTS must be documented in order for the
report to print.
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5.23 Conditions for Reunification with Caregivers
Reunification is approached as a safety intervention decision and as such, the
basis for reunification must be associated with the basis and reason for the
decision to remove as well as impending dangers that may have been discovered
after removal. Reunification must be based on the determination that there has
been sufficient change related to caregiver behavior and/or adjustment or change
in circumstances identified in the conditions for reunification that will allow for the
effective implementation of an in-home safety plan. Conditions for reunification
which must be considered are the specific caregiver behavior and/or internal or
external circumstances that must exist within a child’s home in order for a child to
be reunified. Statements of conditions for return must include:
Reunification represents a formalized process for decision making that applies
safety intervention criteria. Prior to a child being reunified the following must occur:
1. The Ongoing CPS Social Worker must complete a Family Case Plan
Evaluation;
Conditions for return established at the time of removal must be
considered in relationship to the progress being made toward
establishing circumstances required circumstances that must exist in
the home to allow an in-home safety plan; and
Safety analysis criteria must be applied to reasonably determine the
viable use of an in-home safety plan to sufficiency manage child
safety.
2. A Continuing Formal Evaluation of Safety must be completed to determine
that an In-Home Safety Plan is appropriate;
3. An In-home Safety Plan must be developed with caregiver involvement
and implemented prior to reunification;
4. The in-home safety plan must meet all criteria for In-home Safety Plan
sufficiency (refer to CPS Policy Section 4.13, 4.14. and 4.16);
5. The MDT must be convened, and the results of the Case Plan Evaluation
and potential In-Home Safety Plan discussed. The CPS Social Worker
must explain the reasoning behind the recommendations to the MDT. If
the MDT does not agree with the decision to place the children back into
the caregivers’ home, the CPS Social Worker must present a minority
report to the court outlining the conditions for return.
5.23.1 Contact with Caregivers and Children Following Reunification
When a child is reunified with his or her family the following must occur:
1. The Ongoing CPS Social Worker must have face to face contact with
caregiver(s) and children within twenty-four (24) hours following
reunification to assess child safety; respond to immediate needs; and
evaluate and adjust the in-home safety plan as indicated;
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The Ongoing CPS Social Worker must have immediate contact with
caregivers and children in the home if there is any indication that an
in-home safety plan may not be sufficiently managing child safety.
2. The Ongoing CPS Social Worker must have face to face contact with
caregivers and children in the home minimally one time per week for the
first thirty (30) days following reunification;
3. Once it has been determined by the Ongoing CPS Social Worker and
confirmed by the supervisor that a child is safe (i.e. no impending danger
and/or sufficient caregiver protective capacities), an in-home safety plan
may be dismissed, and consideration should be given to proceed toward
case closure.
5.23.2 Contact with Safety Service Providers Following Reunification
When a child has been reunified with his or her family the following must occur:
The Ongoing CPS Social Worker must have contact with in-home safety
service providers prior to or at the time of the reunification;
Contact with in-home safety service providers must occur immediately if the
CPS Social Worker information reveals that an in-home safety plan may not
be sufficiently managing child safety.
5.23.3 Supervisory Consultation and Approval
Supervisor consultation occurs as part of the Case Plan Evaluation and prior to the
decision to reunify. During Supervisor consultation related to the reunification
decision, the following must be accomplished:
A discussion regarding progress in establishing conditions for return;
Determination that conditions for return have been met;
Safety analysis confirms the use of an in-home safety plan; and
Development and implementation of an in-home safety plan.
5.24 CPS Ongoing Case Closure
The case closure decision is based on the determination that children are safe,
protected and in a permanent safe home. Child safety is determined as a result of
case plan evaluation and formal safety evaluation that concludes that there are no
impending danger threats and/or caregiver protective capacities have been
sufficiently enhanced to assure the management of child safety.
Case Closure Criteria and Process
The child safety standard is applied at case closure, which indicates that the issues
that brought the families to the attention of CPS and prompted the need for ongoing
CPS involvement (impending danger and diminished caregiver protective
capacities) have been addressed. To close a case ongoing CPS must make a
definitive determination that a safe home exists.
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For the Ongoing CPS Case to be closed, the Ongoing CPS Social Worker must
complete a Protective Capacity Case Plan Evaluation and Formal Evaluation of
Safety and conclude the following:
Caregivers have made sufficient progress in addressing family case plan
outcomes related to enhancing caregiver protective capacities;
Caregivers can adequately meet the needs of their children; and
Impending danger no longer exists or has been significantly marginalized
and can be sufficiently managed by caregiver(s) and family.
Establishing Family Supports at Case Closure
Prior to case closure, the Ongoing CPS Social Worker must engage the
caregiver in identifying formal and informal supports that can remain
involved with the family following CPS Ongoing Case closure.
Supervisory Consultation and Approval
Supervisor consultation occurs as part of the Family Case Plan Evaluation
and Formal Evaluation of Safety must include discussion regarding the
status of impending danger and the achievement of case plan outcomes
prompting the decision that a child is in a safe home and the case can be
closed.
The decision to close a case must be approved by a supervisor.
5.25 Ongoing Services to children abused or neglected but not
unsafe
Following the completion of Family Functioning Assessment, certain cases may
have a finding that child abuse or neglect occurred but there will be no identified
impending danger. In those situations, the case must be open for Ongoing CPS.
In instances where a child has been abused or neglected but safe and there is an
identified Socially Necessary Services Provider who can complete the Needs
Assessment and Service Plan, the CPS Social Worker must:
Contact the family, letting them know the CPS Social Worker who will
be assigned the case;
Complete a referral to the ASO Services Provider for the Needs
Assessment and Services Plan 110165;
Thoroughly explain to the provider the reason for the referral and provide
a copy of the Family Functioning Assessment.
Explain to the provider at the time of the referral that the Service
Provision will terminate in ninety (90) days;
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Remind the provider that during their casework process they are to
attempt to identify resources and build upon the family’s strengths for
the family to meet the identified needs at case closure and after case
closure;
Collect and review provider reports and contact the provider as
necessary but minimally once per month to monitor the provision of
services;
Contact the provider at least five (5) working days prior to the ninetieth
(90
th
) day of service provision reminding them the date that the services
will end.
If there is any indication that a child in the home may be unsafe or
threatened with abuse or neglect, or if the provider discovers information
related to unknown abusive or neglectful behaviors, a CPS referral must
be made, and a Family Functioning Assessment must occur to
determine if any child in the home is in impending danger.
There may be instances when there is not an ASO provider to complete the Needs
Assessment and Service Plan. In those situations, the CPS Social Worker must:
Thoroughly review the information collected during the Family
Functioning Assessment to determine what family need may have
contributed to substantiated maltreatment;
Family needs may include but are not limited to issues concerning:
housing, social, education, health, mental health, recreation, spiritual,
legal, financial, and transportation;
Contact the family within five (5) working days, explaining the purpose
of the Service Plan and complete the Service Plan with the family based
upon information collected during the Family Functioning Assessment
as well as additional information provided by the family. (note the Family
Functioning Assessment will substitute for the Needs Assessment);
Complete the Service Plan within thirty (30) days of the finding of abuse
or neglect;
Make face-to-face with all household members at least monthly to assist
the family in completing the services plan, monitor progress, address
any issues with providers or within the home, and assist the family in
gaining access to the specific services in their services plan;
Through the casework process, attempt to identify resources and build
upon the family’s strengths for the family to meet the identified needs at
case closure;
If a potential impending danger is discovered or a new incident of
possible abuse or neglect occurs, a referral for CPS must be made;
Close the case within ninety (90) days if there are no outstanding
referrals for CPS or newly discovered impending dangers.
When Child Protective Services opens a family for Ongoing Child Protective
Services due to abuse or neglect being, the Supervisor must:
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Discuss service provision with the assigned CPS Worker and ensure
that the Socially Necessary Services Provider or Child Protective
Services Social Worker is appropriately addressing the family’s needs
and connecting the family with both formal and informal resources that
can assist the family once the Child Protective Services Ongoing Case
is closed;
If there is indication that additional abuse or neglect in the home exists,
or if a child may be in impending danger and threatened with harm,
ensure that a child abuse and neglect referral is made, and child safety
addressed;
Ensure that the case is closed within ninety (90) days unless there are
outstanding CPS referrals or newly discovered information indicating
that a child may be in impending danger.
Section 6 General Information
6.1 Nondiscrimination, Grievance Procedure & Due Process
Standards, Reasonable Modification Policies
Nondiscrimination
As a recipient of Federal financial assistance, the Bureau for Children and
Families (BCF) does not exclude, deny benefits to, or otherwise discriminate
against any person on the ground of race, color, national origin, disability, age,
sex, sexual orientation, religion or creed in admission to, participation in, or
receipt of the services and benefits under any of its programs and activities,
whether carried out by BCF directly or through a contractor or any other entity
with which BCF arranges to carry out its programs and activities .
This statement is in accordance with the provisions of Title VI of the Civil Rights
Act of 1964 (nondiscrimination on the basis of race, color, national origin) (“Title
VI”), Section 504 of the Rehabilitation Act of 1973 (nondiscrimination on the basis
of disability) (“Section 504”), the Age Discrimination Act of 1975
(nondiscrimination on the basis of age) (“Age Act”), regulations of the U.S.
Department of Health and Human Services issued pursuant to these three
statutes at Title 45 Code of Federal Regulations Parts 80, 84, and 91.
The Bureau for Children and Families shall not retaliate against, intimidate,
threaten, coerce, or discriminate against any individual for the purpose of
interfering with any right or privilege secured by Title VI, Section 504 or the Age
Act, or because she or he has made a complaint, testified, assisted, or
participated in any manner in an investigation, proceeding, or hearing.
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In addition, BCF will make all reasonable modifications to policies and programs
to ensure that people with disabilities have an equal opportunity to enjoy all BCF
programs, services, and activities. For example, individuals with service animals
are welcomed in Department of Health and Human Resources, Bureau for
Children and Families, offices even where pets are generally prohibited.
In case of questions, or to request an auxiliary aid or service for effective
communication, or a modification of policies or procedures to participate in a BCF
program, service, or activity, please contact:
WV DHHR: Children and Adult Services
Contact Person: Health and Human Resources Specialist
Telephone number: (304) 558-0955
Grievance Procedure and Due Process Standards
It is the policy of the Bureau for Children and Families (BCF) not to discriminate
on the basis of disability. BCF has adopted an internal grievance procedure
providing for prompt and equitable resolution of complaints alleging any action
prohibited by Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. §
12131 et seq., and/or Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §
794. These statutes prohibit discrimination on the basis of disability. In addition,
the Bureau for Children and Families does not discriminate against individuals
due to race, color, national origin, disability, age, sex, sexual orientation, gender
identity or religion. Laws and Regulations, 28 C.F.R. Part 35 and 45 C.F.R. Part
84, may be examined by clicking here or visiting https://www.ada.gov/reg3a.html.
Any person who believes she or he has been subjected to discrimination on the
basis of disability may file a grievance under this procedure. It is against the law
for any Bureau for Children and Families official to retaliate in any way against
anyone who files a grievance or cooperates in the investigation of a grievance.
Procedure:
Grievance requests due to alleged discriminatory actions must be submitted to
the Department of Health and Human Resources, Equal Employment
Opportunity (EEO)/Civil Rights Officer, within 180 business days of the date the
person filing the grievance becomes aware of the alleged discriminatory action.
To file the grievance, the grievant must complete form IG-CR-3 and mail to West
Virginia Department of Health and Human Resources, Office of
Human Resources Management, EEO/Civil Rights Officer, One Davis Square,
Suite 400,
Charleston, WV 25301. The grievant may also contact the WV DHHR, EEO/Civil
Rights Officer, for more information.
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WVDHHR: Office of Human Resource Management
Contact Person: EEO/Civil Rights Officer
Telephone number: (304) 558 0955
Fax: (304) 558 0955
A grievance must be in writing, containing the name and address of the person
filing it. The grievance must state the problem or action alleged to be
discriminatory and the remedy or relief sought.
EEO/Civil Rights Officer shall conduct an investigation of the grievance. This
investigation may be informal, but it must be thorough, affording all interested
persons an opportunity to submit evidence relevant to the grievance. EEO/Civil
Rights Officer shall maintain the files and records of Bureau for Children and
Families relating to such grievances.
The EEO/Civil Rights Officer shall issue a written decision on the grievance no
later than thirty (30) calendar days after its filing, unless the Coordinator
documents exigent circumstances requiring additional time to issue a decision.
The person filing the grievance may appeal the decision by contacting the U.S.
Department of Health and Human Service, Office for Civil Rights.
The availability and use of this grievance procedure does not prevent a person
from filing a private lawsuit in Federal court or a complaint of discrimination on
the basis of disability with the:
Office for Civil Rights
U.S. Department of Health & Human Services
200 Independence Ave., S.W.
Room 509F HHS Bldg.
Washington, D.C. 20201
800-368-1019 (voice)
202-619-3818 (fax)
800-537-7697 (TDD)
[email protected] (email)
The Bureau for Children and Families will make appropriate arrangements to
ensure that individuals with disabilities are provided reasonable modifications, if
needed, to participate in this grievance process. Such arrangements may
include, but are not limited to, providing interpreters for the deaf, providing taped
cassettes of material for the blind, or assuring a barrier-free location for the
proceedings. The EEO/Civil Rights Officer will be responsible for such
arrangements.
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A: Grievances Regarding the Child Protective Services Worker or Casework
Process
At any time that the Bureau for Children and Families (BCF) is involved with a
client, the client (adult or child), or the counsel for the child has a right to express
a concern about the manner in which they are treated, including the services they
are or are not permitted to receive.
Whenever a parent, child or counsel for the parent or child has a complaint about
Child Protective Services or expresses dissatisfaction with Child Protective
Services the worker will:
Explain to the client the reasons for the action taken or the position of the
BCF which may have resulted in the dissatisfaction of the client.
If the situation cannot be resolved, explain to the client his/her right to a
meeting with the supervisor.
Assist in arranging for a meeting with the supervisor.
The supervisor will:
Review all reports, records and documentation relevant to the situation.
Determine whether all actions taken were within the boundaries of the law,
policies and guidelines for practice.
Meet with the client.
If the problem cannot be resolved, provide the client with the form “Client
and Provider Hearing Request”, SS-28, found in Appendix A of this policy.
Assist the client with completing the SS-28, if requested.
Complete the form IG-BR-29 CPS/APS (to be completed by Bureau staff)
Submit the from immediately to the Chairman, state board of Review,
DHHR, Building 6, Capitol Complex, Charleston, WV 25305.
For more information on Grievance Procedures for Social Services please see
Common Chapters Manual, Chapter 700, and Subpart B or see WV Code §29A-
5-1.
Note: Some issues such as the decisions of the Circuit Court cannot be addressed
through the Grievance Process. Concerns about or dissatisfactions with the
decisions of the Court including any approved Case plan must be addressed
through the appropriate legal channels.
Reasonable Modification Policy
A: PURPOSE:
In accordance with the requirements of Section 504 of the Rehabilitation Act of
1973 (Section 504) and Title II of the Americans with Disabilities Act of 1990
(ADA), the Bureau for Children and Families (BCF) shall not discriminate against
qualified individuals with disabilities on the basis of disability in its services,
programs, or activities. The BCF shall make reasonable modifications in Child
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Protective Services program policies, practices, or procedures when the
modifications are necessary to avoid discrimination on the basis of disability,
unless BCF can demonstrate that making the modifications would fundamentally
alter the nature of the service, program, or activity.
B: POLICY:
The Bureau for Children and Families is prohibited from establishing policies and
practices that categorically limit or exclude qualified individuals with disabilities
from participating in the Child Protective Services program.
The Bureau for Children and Families will not exclude any individual with a
disability from the full and equal enjoyment of its services, programs, or activities,
unless the individual poses a direct threat to the health or safety of themselves or
others, that cannot be mitigated by reasonable modifications of policies, practices
or procedures, or by the provision of auxiliary aids or services.
The Bureau for Children and Families is prohibited from making Child Protective
Services program application and retention decisions based on unfounded
stereotypes about what individuals with disabilities can do, or how much
assistance they may require. The BCF will conduct individualized assessments
of qualified individuals with disabilities before making Youth Services application
and retention decisions.
The Bureau for Children and Families may ask for information necessary to
determine whether an applicant or participant who has requested a reasonable
modification has a disability-related need for the modification, when the
individual's disability and need for the modification are not readily apparent or
known. BCF will confidentially maintain the medical records or other health
information of Child Protective Services program applicants and participants.
The Bureau for Children and Families upon request, will make reasonable
modifications for qualified Child Protective Service program applicants or
participants with disabilities unless BCF can demonstrate that making the
modifications would fundamentally alter the nature of the service, program, or
activity.
BCF must consider, on a case-by-case basis, individual requests for reasonable
modifications in its Child Protective Services program, including, but not limited
to, requests for substitute caregivers, respite caregivers, more frequent support
from a case worker, additional classroom and/or online training, mentorship with
an experienced foster/adoptive parent, note takers, and other auxiliary aids and
services.
The Bureau for Children and Families will not place a surcharge on a particular
qualified individual with a disability or any group of qualified individuals with
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disabilities to cover the cost of measures, such as the provision of auxiliary aids
and services or program accessibility, that are necessary to provide
nondiscriminatory treatment required by Title II of the ADA and Section 504.
To address any violations of this Reasonable Modification Policy, consult the
Bureau for Children and Families Grievance Procedure. To request reasonable
modifications, or if you have questions, please contact:
WV DHHR: Children and Adult Services
Contact Person: Health and Human Resource Specialist
Telephone number: (304) 558-0955
6.2 Confidentiality
The confidential nature of child abuse and neglect records is governed by Chapter
49-5-101 of the Code of West Virginia. In general, the child welfare records of
DHHR must be maintained in a confidential manner. The information you have
generated belongs to the client. Therefore, they have the right to read their case
record at any time in accordance with law and policy. Information, judgments, and
beliefs about clients should be shared with them in an open and honest manner.
All information should be handled in a respectful and confidential manner. The
information generated within DHHR pertaining to a child belongs to the child, and
therefore, the child, and specified others have the right to access to the record,
except for:
adoption records;
juvenile court records;
records disclosing the identity of a person making a complaint of child abuse
or neglect.
Records concerning a child or juvenile, except for those noted above, shall be
made available under the following circumstances:
To the child or the child’s parent or the attorney for the child or the child’s
parent whenever they choose to review the record;
With the written consent of the child or of someone authorized to act on
behalf of the child;
Pursuant to an order of a court of record;
To the child fatality review team;
To the Citizen Review Panel;
To multi-disciplinary investigative and treatment teams;
To a grand jury, circuit court or family law master upon a finding that
information in the record is necessary for the determination of an issue
before the grand jury, circuit court or family court judge;
Federal, state or local government entities, or any agent of such entities,
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including law enforcement agencies and prosecuting attorneys, having a
need for such information to carry out its responsibilities under law to protect
children from abuse and neglect; and
In the event of a child fatality or near fatality due to child abuse and neglect,
information relating to such fatality or near fatality shall be made public by
the Department. Near fatality means any medical condition of the child
which is certified by the attending physician to be life-threatening. Any
request for a public release of information under this provision must be
referred to the Commissioner of the Bureau for Children and Families to
determine what information may be released.
Non-custodial parents may request CPS records concerning their child. When a
non-custodial parent requests their child’s record, the following must occur prior to
releasing the record:
Determine if releasing the record would pose a serious threat to the
custodial parent, other adults in the home, children, or collaterals. If so,
seek legal advice immediately prior to releasing the record. It may be
necessary for the non-custodial parent to seek a court order to get a copy
of the record;
Redact all information pertaining to the address, telephone numbers,
employment information, etc. of the custodial parent and all other household
members from the record;
Redact any information that may lead to the identity of the referent
Do not release any medical or psychological records produced by other
entities to the non-custodial parent;
Determine if there are children in the home whom are not a child of the non-
custodial parent. If so, those children’s information must be redacted unless
their behaviors pose a threat to the non-custodial parent’s child.
Note: the identity of a referent, or information which could lead to the identity
of a referent, is not to be released to anyone including law enforcement
officials or the prosecuting attorney.
Note: maltreating parents have the right to information and records
concerning their child which includes information and records related to
CPS, as long as parental rights have not been terminated.
Note: Alleged maltreaters who are subject to a child protective services
investigation by the Institutional Investigative Unit, but are not biological
parents to the children involved, have a right to due process and the
investigative report. The identity of the reporter, the alleged victim, other
children identified in the report, and the parents/families of the children
identified in the report must be redacted prior to releasing the information.
The redaction would include removing names, addresses, telephone
numbers, and other potentially identifying information.
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Whenever a request for the release of child welfare records is received, the worker
will:
Inform the supervisor of the request.
The supervisor will:
Determine whether the release of information should be made available
under the provisions of 49-5-101. Consult with the regional attorney and/or
prosecuting attorney, if necessary;
Determine exactly what information is being requested. Is it the entire
record or a specific piece of information?
Arrange for the person requesting the information to come to the office at
an appointed time, if possible;
Review all information within FACTS and all written/paper records;
Prepare the requested information that is contained in FACTS by printing
the relevant DDE reports from FACTS, such as the Initial Assessment and
Safety Evaluation, the Comprehensive Treatment Plan, etc.;
Prepare the requested information that is contained in paper records, if any
exists;
Assure that there is no information concerning the identity of the referent on
any of the documents;
Allow the person to review the documents/information within the office at
the appointed time. If the person wants copies of the information, provide
the copies as requested;
Request assistance from the regional attorney and/or the prosecuting
attorney at any time there is uncertainty about whether to proceed with a
request for release of information.
6.3 Payment Guidelines
6.3.1 Gibson Payments
In the late 1970's a class action lawsuit was filed in federal court. One of the
plaintiffs in that lawsuit was named Gibson. The lawsuit was settled by a consent
decree, an agreement between the Department and the plaintiffs, in 1984. For
simplicity’s sake, the decree has always been referred to as the Gibson Decree.
The essence of the lawsuit was the allegation that the Department did not explore
alternatives to the removal of children when there were allegations of child abuse
and/or neglect. The Department agreed in the consent decree to explore the
provision of certain services as an alternative to removal. The Department decided
later to also consider certain services to facilitate the reunification of children with
their family. Collectively, these services have become known as Gibson services
and the payments associated with them as Gibson payments. With the adoption
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of the WV Child Protective Services System in 1992, the process for safety
evaluation and planning and the provision of Ain-home safety services@ replaced
the Gibson Policy.
Because of the Gibson decree, the Department may purchase services for families
in which;
Their child is unsafe, and will be removed from the home if a service is not
obtained, and;
Their child has been removed but will be returned home if a service is
obtained.
The service that is to be purchased must be part of either a documented safety
plan or a documented permanent plan for reunification. Gibson payments are
restricted only to those Child Protective Services cases that will be opened for on-
going services or are already opened for on-going services. No other services shall
be approved as a Gibson type payment. Prior to requesting that the Department
pay for the purchase of a service, the Social Worker shall assist the family to
explore other alternatives for payments. Examples of other resources that are
expected to be contacted are, TANF, Medicaid, CHIP, food stamps, food pantries,
clothing closets, homeless shelters and services, emergency assistance, LIEAP,
the Salvation Army, community action agencies, local behavioral health centers,
local health departments, WIC, churches, and other community organizations and
agencies. In addition, the Department may have state level or regional contracts
with certain agencies to provide the services that are needed. For example,
homeless services are available in multiple counties funded by grants from the
Department. If the service that is necessary is available in the family’s county of
residence through a grant-funded agency, that agency service must be utilized in
place of using a demand payment.
Medical services, including mental health services and prescription medications,
that meet the other Gibson requirement (prevention of placement or reunification)
shall be paid for by using the Special Medical Card. (See below) All other resources
shall be contacted by the social worker prior to requesting the use of a Special
Medical Card. If the family has Medicaid or third-party insurance, that form of
payment must be utilized first. If the family does not have a Medicaid card, but may
be eligible for one, arrangements must be made for application for Medicaid and/or
CHIP. Local behavioral health centers must be contacted for indigent mental
health and substance abuse services. Only if the local behavioral health center
cannot or will not provide services, shall Special Medical Cards be authorized for
payment of mental health and substance abuse services. Similarly, the local
health department, low-income clinics, and hospitals must be contacted for
indigent health-related services, prior to using the Special Medical Card.
For CPS cases involving a child who is unsafe and will be removed from the home
if a service is not obtained or a child has been removed, but will be returned home
if a service is obtained, the worker will:
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Complete the safety plan or the child, youth and family case plan, including
the permanency plan;
Refer family to appropriate providers to implement the safety plan, as
indicated;
Seek and arrange for other needed safety services or reunification services,
as indicated, within the community;
Determine whether there are other resources available to pay for safety
services (those outside of Home-Based Family Preservation) or
reunification services or resources to receive those services without charge
or at limited costs and decide to do so;
Complete the necessary information within FACTS to execute a demand
payment.
The supervisor will:
Assure that the case meets the eligibility criteria for Gibson services, e.g.
must be part of an in-home safety plan or reunification plan;
Assure that all other resources for payment have been explored and
utilized, as indicated;
Assure the payment has been marked as Gibson for tracking purposes;
Approve payment within FACTS.
6.3.2 Medical and Mental Examinations
Medical and/or mental examinations may be ordered by the Court in two (2)
situations concerning child abuse and neglect proceedings;
1. Pursuant to 49-4-603(a)(1) at any time during child abuse and neglect
proceedings, the court may order the child or other parties to be examined by
a physician, psychologist or psychiatrist, and may require testimony from such
expert.
2. Pursuant to 49-4-603(b)(1), any person who has authority to file a petition may
also request an order for a medical examination from a judge or juvenile referee
to secure evidence of child abuse or neglect.
The availability of Medicaid, CHIP, private insurance or other third-party payment
shall first be explored and utilized for payment for the examination. The services
of the local behavioral health center and local health department shall also be
explored and utilized. If the child, parent or custodian is indigent, and there are no
other resources for payment for the examination or evaluation, the cost of the
examinations shall be paid by the Department. The cost of the service shall be
paid by using the Special Medical Card. The Department will reimburse providers
at Medicaid rates only.
For cases involving an examination by a physician, psychologist or psychiatrist
ordered by a court, the worker will:
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Determine whether there are other resources available to pay for the
examination, and make arrangements, as necessary;
If no other resources are available, complete the necessary information
within FACTS to issue a Special Medical Card.
The supervisor will:
Assure that the case meets the eligibility criteria for use of a Special Medical
Card e.g. a court has ordered an examination by a physician, psychologist
or psychiatrist;
Assure that all other resources for payment have been explored and
utilized, as indicated;
Approve the creation of a Special Medical Card within FACTS.
6.3.3 Photographs and X-rays
Pursuant to 49-2-808, any person required to report cases of children suspected
of being abused and neglected may take or cause to be taken, at public expense,
photographs of the areas of trauma visible on a child and, if medically indicated,
cause to be performed radiological examinations of the child.
If a child who is the subject of a child protective services investigation has been
photographed by a mandated reported, reimbursement for the cost of the film and
film development may be made by the Department, upon request. The reporter
should provide the worker with the receipts for the film and film development. The
worker can then enter a demand payment to reimburse for the cost. The payment
type which shall be used is the court costs, advertisement and related fees.
If a child who is the subject of a child protective services investigation has been x-
rayed or was caused to be x-rayed by a mandated reporter, reimbursement for the
cost of the x-rays may be made if there are no other resources available for
payment. The worker will approve a Special Medical Card for the child for that
service.
For cases involving photographs of a child who is the subject of a child protective
services investigation, the worker will:
Complete the necessary information in FACTS to execute a demand
payment for the cost of the film and film development.
The supervisor will:
Assure that the case meets the eligibility criteria for payment, e.g. a child
who is the subject of a child protective services investigation was
photographed by a mandated reported;
Approve the demand payment in FACTS.
For cases involving x-rays of a child who is the subject of a Child Protective
Services investigation, caused to be done by a mandated reporter, the worker will:
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Determine whether there are other resources available to pay for the x-ray,
and make arrangements, as necessary;
If no other resources are available, complete the necessary information
within FACTS to create a Special Medical Card.
The supervisor will:
Assure that the case meets the eligibility criteria for payment, e.g. a child
who is the subject of a child protective services investigation.
6.3.4 Expert and Fact Testimony
Some professionals may be subpoenaed to testify in a child abuse or neglect
proceeding. If the professional is being asked to testify as an expert witness,
concerning an illness, child abuse injury, mental health issue, etc., the witness may
receive compensation for expenses associated with their testimony through the
Supreme Court of Appeals Administrative Office. The person providing the
testimony should inquire with the Circuit Court for the necessary information about
submitting claims for compensation.
Other professionals may be subpoenaed to testify concerning their own
involvement in evaluating or providing treatment or services to a child and/or family
in a child abuse or neglect proceeding. Fact witnesses may receive compensation
for expenses associated with their testimony through DHHR. The person providing
the testimony should submit a copy of their subpoena and their invoice to the
Department of Health and Human Resources, Bureau for Children and Families,
Accounts Payable, 350 Capitol Street, Charleston, WV 25305. The rates of
payments made will be according to those rates established by the legislature.
6.3.5 Special Medical Card (formerly known as Zero Recipient Medical Card)
The Special Medical Card may be provided to eligible clients to obtain services
from a medical provider within a specified date range. CPS clients who may be
eligible to obtain medical services through authorization of the Special Medical
Card include:
Children of families receiving child protective services;
Used to cover medical needs for children with whom the Department is
involved through CPS and there is no other way to pay for this need, i.e.,
Medicaid, CHIP, or other third-party coverage. This only applies to non-
custody cases that are currently active and open for ongoing services.);
Gibson (medical only);
Used for medical services for either a child or parent, that, if not provided,
will;
Result in a child’s removal or prevent the return of a child in custody. All
other;
Resources must first be explored before authorizing a Special Medical
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Card.
Please refer to the version notes in FACTS for information about issuing a Special
Medical Card.
Section 7 CPS Legal Requirements and Processes
Introduction and Overview
The legal requirements and processes applicable to Child Protective Services and
Foster Care for children who come into custody because of child abuse and/or
neglect court proceedings are based on a combination of requirements from a
number of different sources. These sources include but are not limited to: state
statutes; the Rules of Procedure for Child Abuse and Neglect Proceedings issued
by the Supreme Court; the Consent Decree entered into on the case of Gibson v.
Ginsberg; the Multidisciplinary Team Protocol; the CPS decision making model
known as The West Virginia Child Protective Services System (WVCPSS); and,
case decisions made by the West Virginia Supreme Court.
The sources cited above were developed at different times and may address the
same subject from slightly different perspectives. In some cases, the different
statutes, Court Rules and Procedures may appear to be confusing, overlapping or
difficult to follow. To provide guidance, the requirements and accompanying
procedures have been set out in the following parts of this section. Some of these
parts contain requirements which can be applied at different points in the life of a
case while others are applicable at a single point. It is the responsibility of the
worker and supervisor to ensure that all applicable procedures are followed.
7.1 Voluntary Placement of a Child in the Custody of the
Department
Statute
State statute, 49-4-116, permits the Department to accept the custody of a child
from the child’s parent or parents, guardian, custodian or relatives. The decision
to accept custody is discretionary on the part of the Department. This statute also
requires a review of all voluntary placements which will last for ninety (90) days or
longer.
Purpose
The purposes of this statute are to empower the Department to accept the custody
of a child so that the Department can provide care for the child when the child’s
caretakers are unable to do so; and, provide for the oversight of these placements
by the Circuit Court.
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When to Accept Custody of a Child
The voluntary acceptance of custody of a child should be used when: the
temporary incapacity of a parent(s) or the problems of the parent(s) prevent them
from caring for their child for a specific period; or, the child requires specialized
care which the child’s parents are unable to provide. The voluntary acceptance of
custody of a child can also be used when a parent is considering relinquishment
of their child. Under no circumstances is it permissible to accept the voluntary
custody of a child when child abuse or child neglect is present.
Worker Conduct - Acceptance of Custody
When a parent requests that the Department voluntarily accept the custody of a
child, the worker will:
Determine the reasons for the request and discuss them with their
supervisor. Voluntary custody can only be accepted with supervisor
approval;
Review the voluntary placement agreement (SS-FC-4) with the parents,
pointing out the rights which the parents are transferring to the Department
and the rights the parents retain;
Review with the parents the responsibilities which they must exercise
regarding the child while the child is in placement;
Obtain the parent(s) signature on three copies of the voluntary placement
agreement;
Have all three copies notarized and give one copy to the parents and file
two copies in the case record, and;
Make all appropriate entries and recordings in FACTS.
Worker Conduct-Petition for Review
When the worker determines that a voluntary placement will be in effect for ninety
(90) days or longer then the worker will:
Prepare a summary of the facts and items for inclusion in a petition;
Prepare a uniform child or family case plan for inclusion with the petition;
Submit the summary and uniform child or family case plan to their
supervisor for review and approval;
Submit the approved summary and case plan to the Prosecuting Attorney
and request that a petition for review of the placement be filed with the
Circuit Court; and;
Attend the hearing to present a report on the placement and to answer any
questions about the case.
Worker Conduct-Preparation of the Summary and Uniform Child or Family Case
Plan
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The bulk of the information which will be presented to the court will be contained
in the uniform child or family Case Plan. Reference should be made to that section
for specific instructions on the completion of that Plan.
The Summary should include a description of the reasons why the child came into
care and a description of the efforts made to resolve the barriers to the return of
the child to his home.
In addition, the summary should include a request that the Court address the issue
of child support (refer to the Section on Child Support) and that the Court make a
finding on reasonable efforts.
Worker Conduct--Review and Signing of the Petition
Once the Prosecuting Attorney has prepared the petition, the worker will review it
for accuracy and completeness. If the information in the petition is accurate and
addresses all applicable items such as child support and reasonable efforts, then
the worker will sign it and request that it be filed with the court and served on all
appropriate parties.
Worker Conduct - Return of Custody
When the voluntary placement agreement has expired, or at any time the parent
requests a return of custody, the worker will make the necessary arrangements to
return the child to the child’s parents.
If the agreement has expired and the parents are not prepared to care for the child,
then they must sign a new agreement for the Department to continue to care for
the child. If the new agreement will result in the child being in placement for ninety
(90) days or longer then the worker must initiate the court review process. The
worker should also inform the parent(s) of the review process and describe how it
will be implemented.
7.2 Reasonable Efforts
Statute
State statute requires that court orders issued after certain judicial proceedings
have been held must contain a finding on reasonable efforts. Those proceedings
include: 49-4-602, Temporary custody pending a hearing; 49-4-604, Dispositional
hearing; and, 49-4-110, Foster care review.
Definition
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Reasonable effort is the term used to describe those actions which are taken prior
to the placement of a child in substitute care in order to prevent or eliminate the
need for removing the child from the child’s home; and, those actions necessary
to ensure that the safety of the child will be maintained if the child is returned home.
Purpose
The purposes of the actions which constitute reasonable efforts are: to ensure that
a child is removed from the child’s home only when there is no other method for
insuring the safety of the child; and, to ensure that a child is not returned home
unless the safety of the child can be assured.
Findings
As the result of its determination about reasonable efforts the Court should include
one of these findings as a part of the court order:
The court may determine that reasonable efforts were required, and that
the Department made such efforts; or,
The court may determine that reasonable efforts were required, and that
the Department did not make such efforts; or,
The court may determine that the child was in imminent danger and that
reasonable efforts were not possible; or,
The court may determine that reasonable efforts were not required
because of aggravated circumstances or other situations as defined in WV
Code 49-4-604.
Court Actions after a Finding on Reasonable Efforts
If the court determines that reasonable efforts were not required, then the court
should proceed with the next steps in the judicial process. If the court determines
that reasonable efforts were required but not made, or not made because of
aggravated circumstances then one of the following should occur.
If the court determines as a part of the hearing requesting temporary
custody that reasonable efforts were required but not made then the court
could refuse to grant the request for custody or, the court could grant the
request for temporary custody;
Even though the court may determine that reasonable efforts were
required, and the Department did not make such efforts, the Court is not
prohibited from transferring custody to the Department. The Court is
required to determine what actions are necessary to insure the safety of
the child and can proceed to transfer custody;
If the court finds at the Dispositional Hearing that reasonable efforts were
not made, then the court could take that finding into consideration in
determining what the appropriate disposition for the continuing care of the
child;
If the court finds as a part of the Dispositional hearing that reasonable
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efforts were not required because of aggravated circumstances, then the
Court must schedule a Permanency Hearing within thirty days following
the entry of the order so finding;
If the court finds that reasonable efforts were not made as a part of a
Foster Care Review, then the court should take that finding into
consideration in deciding upon the future care of the child.
7.3 Aggravated Circumstances and other situations where
reasonable efforts are not required
Statute
Aggravated Circumstances is the term used in state statute to define certain
conditions which nullify the need to make reasonable efforts to prevent removal of
a child and to provide reunification services once a child has been removed. This
term is found in 49-4-604(b)(7)(A) of the Code.
Purpose
The purpose of this statute is to define those conditions which are so harmful to
children and are such an indicator of parental inability to provide proper care that
preservation of the family is not required.
Definition
The Department is not required to make reasonable efforts to prevent the removal
of a child or to reunite the child with the child’s parent if the court determines the
parent has subjected the child to aggravated circumstances which include but are
not limited to abandonment, torture, chronic abuse and sexual abuse.
Other instances when reasonable efforts are not required are when the parent has:
Committed murder of the child’s other parent, guardian or custodian,
another child of the parent, or any other child residing in the same
household or under the temporary or permanent custody of the parent;
Committed voluntary manslaughter of the child’s other parent, another
child of the parent, or any other child residing in the same household or
under the temporary or permanent custody of the parent;
Attempted or conspired to commit such a murder or voluntary
manslaughter or been an accessory before or after the fact to either such
crime; or,
Committed -a felonious assault that results in serious bodily injury to the
child, the child’s other parent, to another child of the parent, or any other
child residing in the same household or under the temporary or permanent
custody of the parent;
Committed sexual assault or sexual abuse of the child, the child’s other
parent, guardian, or custodian, another child of the parent, or any other
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child residing in the same household or under the temporary or permanent
custody of the parent;
Has been required by state or federal law to register with a sex offender
registry; or
The parental rights of the parent to another child have been terminated
involuntarily.
Note: the definition of aggravated circumstances is not exhaustive. That is, a
worker can present to the court information about the acts of a parent other than
those described above and ask that the court consider these acts as aggravated
circumstances.
Worker Actions
If at any time during the Child Protective Services process it is determined that a
parent has committed an act which meets the definition of an aggravated
circumstance, the worker must immediately assess the parent’s actions. The
worker must follow the policies and protocols outlined in CPS Policy, in particular
CPS Policy Section 4.26.
7.4 Imminent Danger
Statute
Imminent danger to a child is defined in state statute. The definition is contained in
49-1-201 of the Code of West Virginia.
Purpose
The purpose of this statute is to provide a clear definition of those situations which
place children at the greatest risk of serious harm.
In situations of imminent danger, the safety of the child is in question and it may
be necessary to remove the child(ren) to protect them. Because of the need for
immediate protection, removal in situations of imminent danger is usually
accomplished by the filing of a petition requesting temporary custody pending a
hearing.
Definition
Imminent danger to the physical well-being of a child means an emergency
situation in which the welfare or life of the child is threatened. Such an emergency
situation exists when there is reasonable cause to believe that any child in the
home is or has been sexually abused or sexually exploited or reasonable cause to
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believe that the following conditions threaten the health or life of any child in the
home.
Non-accidental trauma inflicted by a parent, guardian, custodian, sibling,
babysitter or other caretaker which can include intentionally inflicted major
bodily damage such as broken bones, major burns or lacerations or bodily
beatings; or
A combination of physical and other signs indicating a pattern of abuse
which may be medically diagnosed as battered child syndrome; or
Nutritional deprivation; or
Abandonment by the parents, guardian or custodian; or
Inadequate treatment of serious illness or disease; or
Substantial emotional injury inflicted by a parent, guardian or custodian;
or
Sale or attempted sale of the child by the parent, guardian or custodian;
or
The parent, guardian or custodian’s abuse of alcohol, or drugs or other
controlled substance as defined in section one-hundred one, article one,
chapter sixty-a of this code, has impaired his or her parenting skills to a
degree as to pose an imminent risk to a child’s health or safety. 49-1-3(6)
7.5 Emergency Custody
7.5.1 Taking Custody of a Child in Imminent Danger without Prior Judicial
Authorization
Statute
State statute, 49-4-303 authorizes Child Protective Services Workers to take a
child into custody absent a court order and to remove that child from his home in
certain limited circumstances. According to the statute:
The child must be in an emergency situation which constitutes imminent
danger;
A worker must have personally witnessed that the child is in imminent
danger; and,
The worker must have probable cause to believe that the child will suffer
additional child abuse or neglect or be removed from the county before a
petition can be filed and temporary custody can be ordered.
The department, under provisions of the Gibson Decree, agreed that whenever
possible the worker should receive prior approval from their supervisor before
taking custody of the child.
Purpose
The purpose of this statute is to provide a method for insuring the immediate
protection of those children who are at the greatest risk of serious harm.
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Worker Conduct When Taking Custody absent Prior Judicial Authorization
When a worker determines that a child is in imminent danger and requires
immediate protection, then the worker must take the following actions:
The worker should contact the prosecuting attorney to file a petition
requesting temporary custody if time permits;
If the worker has probable cause to believe that the child will suffer
additional harm, or the parents will flee while a petition is being prepared
then the worker may take the child into custody;
In cases in which there is more than one child in the home the worker must
determine which of the children are in imminent danger and take custody
of only those children who are in this condition;
If the parents are present when the worker takes custody, then the worker
must inform the parents that they can be present when the request for an
order of the emergency custody ratification is requested and the name of
the person to whom the request will be made;
If the parents are not present, then the worker must leave a note in the
residence describing the actions taken and the name of the person and
place where the application for emergency custody ratification will be
made;
After taking custody of the child(ren) the worker must take the child(ren)
immediately to a circuit judge or a magistrate, acting as the juvenile
referee, in the county in which custody was taken, or if no such judge or
magistrate/juvenile referee be available, before a circuit judge or
magistrate/juvenile referee of an adjoining county, and make application
for an order ratifying the emergency custody. Note: although the statute
permits ratification by either a magistrate acting as the juvenile referee or
circuit judge, whenever possible the worker should approach the circuit
judge with the request for an order of ratification;
The worker will receive the order giving custody from a magistrate/juvenile
referee or judge after filing the application. The application does not serve
as the order; they are two different documents. If seeking emergency
custody through a magistrate/juvenile referee, the worker is not to leave
the magistrate’s/juvenile referee’s office without the order;
The worker does not need to take a template of the custody order with him
or her but will need to ensure that certain language is contained in the order.
Specifically, the following language must be covered in the order:
that remaining in the home is contrary to the welfare of the child(ren);
that reasonable efforts are not required due to imminent danger to
the child(ren);
that physical and legal custody are being granted to the Department
of Health and Human Resources;
If the request for an order ratifying emergency custody is not granted then
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the worker must return the child to his caretakers; or,
If the emergency custody is granted, then the worker will place the child in
care.
Note: at the time, an order of ratification is sought the worker can also request an
order for a medical examination for evidentiary purposes.
Time Limits on Worker Custody
When a request for emergency custody is ratified, the worker can retain custody
of the child until the end of the next two judicial days unless a petition requesting
temporary custody pending a hearing has been filed and custody of the child has
been transferred to the department by court order.
7.5.2 Circumstances where custody is taken during the pendency of a child
abuse or neglect hearing
There may be instances when a child abuse or neglect case is pending in court
and the department must take emergency custody of a child from a parent. This
includes situations when the Court Orders a Child in DHHR legal custody but
places the child in the physical custody of a parent and the child must be removed
from that parent Regardless of whether the court has previously granted the
Department custody of the child, if the Department takes physical custody of a
child due to a change in circumstances and without a court order issued at the time
of the removal, the Department must immediately notify the court and a hearing
must take place within ten (10) days to determine if there is imminent danger to
the physical well-being of the child and there is no reasonably available alternative
to removal of the child.
Worker Conduct: The CPS Social Worker must follow the CPS Process, which
includes supervisory approval at certain intervals, to determine if the child must be
removed. Depending upon the specific situation, this could be the present danger
assessment and protection plan, completing the family functioning assessment
which includes the safety analysis, or a continuing safety analysis in ongoing cps
cases. When a child must be taken into custody without a court order during a
pending child abuse or neglect case, the CPS Social Worker must:
Consult with the prosecuting attorney, informing the prosecutor why the
Department feels the child must be removed. If circumstances do not allow
consultation with the prosecutor prior to removal, notify the prosecuting
attorney as soon as possible that the removal occurred and provide copies
of documentation supporting the removal within three (3) days;
Request that the Prosecuting Attorney to notify the court and other parties
that the child was removed and request that the date for the next hearing
be scheduled within 10 days of the removal.
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7.5.3 Custody of a Child Taken by a Law Enforcement Officer
Statutes
State statute, 49-4-301(a), authorizes a law enforcement officer to take a child
believed to be abused or neglected into custody without a court order if: the child
is abandoned; or the child requires emergency medical treatment by a physician
and the child’s parents, parent, guardian or custodian refuses to permit such
treatment or is unavailable to consent.
State statute, 49-4-301(b), allows the department, in its discretion, to accept
custody of a child from a law enforcement officer who has taken custody of a child
in either of the circumstances described above.
State statute, 49-4-301, contains explicit requirements for both law enforcement
officers and department staff when this section of the Code is used to provide
protection for children.
Purpose
The purpose of these statutes is to authorize law enforcement officers to take
certain actions to protect children and to authorize the department to assist the
officers in providing for the care of these children.
Initial contact by a Child Protective Services Worker
A worker at any point in the Family Functioning Assessment process may
determine that a child is abandoned or is in a condition requiring emergency
medical treatment and the child’s parents refuse to secure such treatment or are
unable or unavailable to consent. In all such situations, the worker must take the
actions necessary to protect the child. If the worker decides to contact a law
enforcement officer, then the worker should do the following:
Provide the law enforcement officer with a thorough description of the
situation as the worker understands it to be; and,
Discuss the emergency provisions with the law enforcement officer as
necessary without requesting or directing the officer to take custody as
that decision must be made solely by the officer.
If the law enforcement officer takes custody of the child then the worker may, at
his discretion, accept custody of the child. If the worker accepts custody of the
child, then the worker must:
Request a typed or legibly handwritten statement from the officer
containing the officer’s name, address and office telephone number as
well as the facts upon which the decision to take the child into protective
custody was based, including the date, time and place of the taking; and,
Provide for the care of the child in accordance with the provisions in the
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Section titled Worker Conduct--Abandonment.
Note: In order to assist law enforcement officers with the preparation of the
necessary information the worker can provide the officer with a copy of the SS-
CPS-4, WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN
RESOURCES LAW ENFORCEMENT OFFICERS EMERGENCY PLACEMENT
CONTRACT for his use. If it is not possible to obtain this form or other similar
written information at the time the worker accepts custody, the worker MUST
obtain this information as soon as possible and no later than the next day.
Worker Conduct--Abandonment
State statute, 49-4-301, prohibits the removal of an abandoned child from the
child’s home until all reasonable efforts to make inquiries and arrangements with
neighbors, relatives and friends have been exhausted, and the department has
explored the possibility of placing a worker in the home to care for the child until
the parents return.
A. Reasonable Efforts to Make Inquiries
In order to demonstrate that a reasonable effort to make inquiries and
arrangements the worker will determine if the child and his family are known to the
department. If the family is known to the department then the worker will:
Review the case record to determine whether there are names and
addresses of any persons known to have cared for the child;
If there are such persons, then contact them to discuss their willingness to
care for the child;
If willing and able to meet the needs of the child, place the child with one
of these persons;
Develop a plan to provide supervision until the child is returned home or a
petition is filed; and,
Inform the person with whom the child is placed those conditions under
which the child may be released to his parents.
If the family is not known to the department then the worker will:
Ask the child, if appropriate, if he can provide the name and address of
someone who has cared for him; and,
If a name is provided contact that person and discuss possible placement
with them; or,
If a name is not provided, proceed with the steps in Item B.
B. Placement of a Home Services Worker
Whenever it appears that the parents will be gone for twelve (12) hours or less, or
whenever the worker is unable to initially determine how long the parents will be
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gone, then department staff may be placed in the home for the initial twelve (12)
hour period.
Whenever the need for this type of care arises the worker will:
Arrange for two persons, one of whom is a Child Protective Services
Worker, to stay with the child;
If the child’s caretakers return before twelve (12) hours have elapsed, then
staff may leave at that time;
Before leaving staff must review the situation with the caretakers including
whether there will be any follow-up activity on the part of the department;
or, if at the end of twelve (12) hours the child’s caretakers have not
returned then the child may be placed in emergency shelter care or
another suitable facility.
Exceptions
Whenever a child has been abandoned it will not be necessary to maintain the
child in his own home under the following circumstances:
The parent or parents are known to be violent or it is anticipated that the
parent or parents may be incapacitated, using alcohol or other drugs and
would pose a threat to the safety of department staff; or,
The child cannot be maintained safely in his own home because of
conditions in the home which pose a substantial risk of harm to the child.
Worker Conduct--Need for Emergency Medical Care
When a worker accepts custody of a child in need of emergency medical care from
a law enforcement officer then the worker will:
take the child to a hospital or a physician for treatment;
attempt to locate the child’s caretakers if medical care was necessitated
by their unavailability;
discuss the child’s illness or injury with the physician to determine if a
petition should be filed; and,
as necessary inform the physician that the child can be held in a hospital
under the physician’s care and against the will of the parents for a period
of ninety-six (96) hours if the physician considers it necessary to do so.
WV Code 49-4-301 defines a condition requiring emergency medical treatment as
a condition which, if left untreated for a period of a few hours, may result in
permanent physical damage; such a condition includes, but is not limited to,
profuse or arterial bleeding, dislocation or fracture, unconsciousness and evidence
of ingestion of significant amounts of a poisonous substance.
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7.5.4 Family Courts ordering Children into Department Custody
Statute
State Statute 49-4-302 requires the Department to respond immediately and assist
a Family Court Judge in the emergency custody and placement of a child when
there is clear and convincing evidence that:
There exists an imminent danger to the physical well-being of the child as
defined in 49-1-201;
The child is not the subject of a pending action before the circuit court
alleging abuse and neglect of the child; and
There are no reasonable available alternatives to the emergency custody
order.
The statute also directs the Circuit Court to enter and serve an administrative order
that directs the Department to submit, within ninety-six (96) hours from the time
the child was taken into custody, an investigative report to circuit and family court.
The investigative report shall include a statement of whether the department
intends to file a child abuse and neglect petition.
Purpose
The purpose of the statute is to authorize Family Court Judges to place children in
emergency situations into the Departments Custody.
Worker Conduct
When the Department receives a written order from Family Court requiring the
Department to respond immediately and take custody of a child due to the
conditions outlined above, the following must occur:
A CPS Social Worker or Supervisor must immediately respond to the
situation based upon what is learned from the order. It may be necessary
to call the family court judge, or their designee, to determine the location
of the child or children as well as determine if any family members or
responsible adults were considered for placement;
Contact the caregiver(s) who had custody at the time of the removal,
notifying them that the Department has been court ordered to assume
custody of the child(ren) and the reasons why the Department was ordered
to assume custody. If their whereabouts are unknown, attempt to notify
the child’s nearest known relative that the child(ren) are being placed into
state custody and request that they inform the parents, guardians or
custodians to contact the Department as soon as possible;
Follow the regular placement procedures of any child who is placed in
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Foster Care;
Interview the child(ren), children’s caregivers, Family Court Judge who
ordered the children into custody if possible, and other collaterals as part
of the Family Functioning Assessment Process;
Within ninety-six (96) hours of the time the child was placed into protective
custody, notify the appropriate Family Court Judge and Circuit Court
Judge in writing using the form number CPS1948 titled “Emergency
Custody Report”. This notification must include whether Child Protective
Services intends to file a child abuse and neglect petition in Circuit Court
and applicable information gathered up until that point;
Due to Family Court finding that a child was in imminent danger and the
only safe solution was custody with the Department, a child abuse and
neglect petition must be filed in Circuit Court unless Child Protective
Services can clearly determine and document within ninety-six (96) hours
that the child(ren) would be safe in their home with an in-home safety plan,
or safe (no imminent, impending or present dangers) without any type of
safety plan if they were to be returned to one or both of to their caregivers.
The factors supporting this decision must be clearly documented the
Emergency Custody Report and provided to the Family and Circuit Courts;
If the children must remain in custody longer than 96 hours from the time
the child was placed in protective custody rather than return to their
parent(s), guardian(s) or custodian(s) who had custody at the time of the
removal, a petition must be filed as soon as possible but no later than
ninety-six (96) hours from the time the child was placed in protective
custody.
If Child Protective Services is unable to clearly determine within ninety-six
(96) hours that a Child Abuse or Neglect Petition is not required for child
protection, a petition must be filed in Circuit Court due to the Family Court
Judge finding that the child(ren) were in imminent danger. If at the
conclusion of the Family Functioning Assessment, Child Protective
Services feels that the children are not required to be in states custody (an
out of home safety plan is not required for protection), then Child
Protective Services must motion the Circuit Court requesting that the
child(ren) be returned to the custody of their parent(s).
Complete the Family Functioning Assessment Process following all
applicable policies and procedures including the court overlap procedures.
7.6 Multidisciplinary Investigative Teams
7.6.1 Multidisciplinary Investigative Process
Statute
State statute 49-4-402(a) requires the prosecuting attorney to establish a
multidisciplinary investigative team in every county.
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Purpose
The purposes of the multidisciplinary investigative process are:
To ensure that children are safe from abuse and neglect; and
To coordinate investigations of alleged abuse and neglect and criminal
prosecution of offenders.
7.6.2 Multidisciplinary Investigative Team
Statute
State statute 49-4-402(a) provides for the establishment of a multidisciplinary
investigative team in every county. The prosecuting attorney is the head of the
team and the permanent members are the prosecutor, local child protective
services staff and local law enforcement staff. In addition to members required by
statute, other persons who may contribute to the team’s efforts may be appointed
by the prosecutor.
Purpose
The purpose of the statute is to ensure that the team membership is composed of
the persons with the requisite knowledge and skills necessary to carry out an
investigation of child abuse or neglect.
Worker Conduct
Because the statute designates the prosecuting attorney as the head of the
multidisciplinary investigative process, the prosecutor has the ultimate authority to
decide how the team will function. Also, because the statute does not describe in
detail the duties of the investigative team, procedures may vary from county to
county.
The supervisor responsible for child protective services should contact the
prosecuting attorney to discuss the operation of the multidisciplinary investigative
team. The initial contact should be to discuss and agree on protocols for team
operation. Subsequent meetings should be devoted to a review of team operations
and a discussion of changes or additions to operational protocols.
The team protocol should address:
The types of cases which will be jointly investigated by CPS staff and law
enforcement;
The procedure for initiating a joint investigation;
The procedures for sharing information;
The procedures for interviewing the parties in a case; and
Any other procedures the parties believe should be addressed.
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Commencement of a Family Functioning Assessment
Although child abuse and neglect cases should be investigated jointly by both law
enforcement and child protective services staff, it may not always be possible for
the initial investigation to be handled jointly. When circumstances require
immediate initiation of a family functioning assessment and law enforcement
cannot respond immediately, the child protective services staff must begin the
family functioning assessment by themselves.
7.7 Medical Examination of a Child for Evidentiary Purposes
Statute
State statute, 49-4-603, allows any person with authority to file a petition to request
an order for a medical examination from a judge or juvenile referee to secure
evidence of child abuse or neglect.
Purpose
The purpose of the statute is to allow for a legally sanctioned examination of a child
who may have been abused or neglected.
Worker Conduct in Requesting an Order for a Medical Examination
Whenever a worker determines that an examination under this statute is necessary
then the following must occur:
The worker will discuss the case with their supervisor and request
supervisory approval to proceed;
If supervisory approval is given the worker will prepare and submit the
necessary request to a judge or juvenile referee;
If the request is granted the judge or juvenile referee will issue an order
directing a law enforcement officer to take the child into custody and
deliver the child to a physician or hospital for examination;
The worker shall, and the parents may accompany the officer to the
examination;
After the examination, the officer may return the child to the custody of his
parents, or the officer may retain custody himself, or the officer may give
custody to the department.
Time Limits for Department Custody after a Medical Examination
If a law enforcement officer gives custody of a child to the department after a
medical examination, such custody may be maintained only until the end of the
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next judicial day unless a petition requesting temporary custody pending a hearing
has been filed and custody transferred to the Department by court order.
7.8 Filing a Petition
Statute
The initiation of judicial proceedings in cases of abuse and neglect always begins
with the filing of a petition with the circuit court. A petition may be filed by Child
Protective Services or any reputable person who has knowledge of the alleged
abuse or neglect. A petition may be filed where the child resides, where the alleged
abuse or neglect occurred, where the custodial respondent or one of the other
respondents resides, or to the judge of the court in vacation. A petition may be
filed in only one county.
Two or more parties, including the Child Protective Services and a non-offending
parent or reputable person, may also file a co-petition jointly alleging a child is
abused or neglect against the offending parent. Child Protective Services, a
parent, or reputable person may move to be joined as a co-petition after the filing
of the initial petition.
Both state statute, 49-4-601 and 49-4-602 for example, as well as the Court Rules
and the Gibson Decree address the contents of a petition and specify the
procedures that must be followed in initiating judicial procedures.
Purpose
The purposes of a petition and the procedures accompanying its use are to inform
the child’s caretakers of the specific allegations concerning their conduct towards
their child(ren); insure that all required legal procedures are followed; and, insure
that all legal rights and protections are extended to the child and the child’s
caregivers.
Initiation of a Petition
Petitions are initiated in cases where:
A report of suspected abuse or neglect has been received and the parents
refuse to allow access to the children in order to assure that the children
are safe;
The child is unsafe and there are no available or appropriate in-home
safety responses;
The child is in imminent danger and there are no appropriate or available
safety responses:
The parent(s) has committed an act which meets the definition of
aggravated circumstances or other situations as defined in WV Code 49-
4-604(b)(7)(A); and,
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The child is unsafe, an in-home safety plan controls the danger, but the
parents have demonstrated that they are incapable of or unwilling to take
the actions necessary to reduce the threat to their child so that safety does
not have to be controlled by external means.
Someone other than the Department/CPS files a petition alleging abuse
or neglect.
Whenever the worker determines that it is necessary to file a petition, then the
following must occur prior to filing:
The worker will discuss the case with his/her supervisor since no petition
may be initiated without supervisory approval;
If the worker is unable to contact his/her immediate supervisor then the
worker will discuss the case with a supervisor in a related unit, the
Community Services Manager or the Regional Director;
The supervisor shall review the record to determine that all alternative and
supportive services were pursued;
if the supervisor does not agree with the worker then the supervisor must
assist the worker in developing an appropriate safety plan;
If the supervisor agrees with the worker, then the supervisor will direct the
worker to contact the prosecuting attorney to request that a petition be
filed and this decision will be documented in FACTS.
Whenever someone other than DHHR files a petition, the Circuit Court may order
CPS to complete an investigation/Family Functioning Assessment or be a party to
the petition. If an investigation is ordered, the CPS Social Worker and Supervisor
must follow the same rules and procedures for Family Functioning Assessment as
other assessments of suspected child abuse or neglect and adhere to the
requirements of the court order. If an investigation is not ordered but the judge
rules that CPS be a party to the proceeding, the CPS Social Worker must adhere
to the court order and follow applicable CPS and Foster Care Policies. The
Department may also be given notice of the preliminary hearing and must attend
the hearing and be prepared to report the results of the FFA. If an order is not
issued requiring the Department to conduct an investigation/FFA, the Department
must commence an FFA immediately upon receiving notice of the preliminary
hearing. The Department may also be required to provide services to the family
by the court.
Contact with the Prosecuting Attorney
When approval for the filing of a petition has been given by the supervisor, the
worker will contact the prosecuting attorney to:
Discuss the case including any questions the prosecutor may have; and,
Request that the prosecutor prepare the petition.
Summary of the Facts and Items for Inclusion in the Petition
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To enable the prosecutor to prepare the petition, the worker will prepare a
Summary of the Facts and Other Items for use by the prosecutor. The Summary
must include specific information, the information must be arranged in a specific
format and the Summary must be reviewed and approved by the supervisor prior
to submission to the prosecutor.
Format
The information in a petition may vary from case to case depending on the
circumstances in a case and the judicial hearing that the worker has asked the
prosecutor to initiate. The worker must include the required information in each of
the following sections as appropriate.
Identifying Information - List the names, address and relationship (parent,
stepparent, custodian, etc.) of the child(ren)’s current caretaker(s). In addition, list
the name and address, if known, of any absent parent. Finally, list the names,
current address, sex, and age of all the children who are to be included in the
petition.
Note: In situations of imminent danger all children in the home must be included in
the petition and the petition must clearly indicate whether all or some of the children
are threatened.
Conduct - The conduct of the child’s caretakers which the worker considers to be
maltreatment and/or a threat to child safety must be described in specific detail
and must be related to the appropriate conditions in 49-1-201. In addition, this
description must include the time(s) and place(s) where the conduct occurred.
The worker must include a specific description of the safety threats (If appropriate)
identified during the Family Functioning Assessment and, if maltreatment has also
occurred, a specific description of the maltreatment.
If this is a case requiring termination, or a case in which there are aggravated
circumstances, then the conduct of the child’s caretakers which meet either of
these two conditions must be described in specific detail.
Supportive Services - List the threats which place the child(ren) in danger and all
supportive services directed at remedying them. This description should include
services provided by the Department, services arranged for through referrals to
other agencies and services which were offered but not accepted.
In addition, the worker should state the reason(s) why the supportive services were
not successful in controlling the risk to the child.
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Alternatives to Removal - If the worker has determined that the child cannot be
safe in his home then the worker must state why there is no alternative to removal.
That is, the worker must explain why there are no services which can control safety
to the point that the child can remain in his home.
Alternative Placement - If the worker believes that the child cannot be protected in
his own home, then the worker must describe why it was not possible to protect
the child by arranging an alternative placement with relatives or neighbors instead
of filing a petition.
Witnesses - List the names, addresses, telephone numbers and relationship to the
child’s caretakers, if any, of those persons who could testify to the facts.
Number of Contacts - List the number and the dates of the contacts the worker
had with the child and the child’s caretakers.
Relief - List the relief and the actions, which the worker will ask the prosecuting
attorney to request the court to order. The relief requested must be one that is
available under the provisions of the statutes and is designed to meet the specific
circumstances of each individual case.
As a part of the relief the worker must ask the court to address the issue of the
child(ren)’s placement. The worker must have a specific placement in mind or a
plan to develop one and this information must be included in the petition so that
the court can rule on it.
Note: state statute prohibits the court, in cases of temporary custody pending a
hearing, from permitting the placement of the child(ren) in their own home unless
the abusing parent has been precluded by court order from visiting or residing in
that home.
Child Support - In every case in which a petition asking for the removal of a child
is requested the worker must ask the prosecutor to include the issue of child
support. Specifically, the worker must include as part of the relief a request that
the court:
Order each of the parent(s) to complete a financial disclosure statement;
and,
Order the parent(s) to pay child support.
The worker should also ask the court to address, as part of its order, other forms
of support such as medical insurance which the parents may have in place for their
child.
Findings Regarding Continuation in the Home and Reasonable Efforts - Whenever
there is a request for the removal of a child from his home as a part of the relief
being requested, the worker must include in the summary a request that the court,
as a part of the order in the case, state that:
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Continuation in the home is contrary to the best interests of the child(ren)
and why this is so;
Whether or not the Department made a reasonable effort to prevent
removal or that the situation is an emergency and such efforts would be
unreasonable or impossible; and,
Whether or not this is a case in which there are aggravated circumstances
or other situations as defined in WV Code 49-4-604(b)(7)(A) and as a
result reasonable efforts are not required.
Note: The Supreme Court has developed and distributed a set of model orders for
use in these types of cases. To insure the inclusion of all necessary findings, the
worker should encourage the prosecutor to have these orders used by the court.
Review and Verification
After the prosecutor has prepared the petition, the worker will review it for accuracy
and content. If the petition is accurate and complete and contains all required
information, then the worker will sign it. If the petition contains any inaccurate
information or if it is incomplete, then the worker MUST not sign it. Instead, the
worker must describe the inaccuracies or omissions to the prosecutor and request
that they be corrected. Once the necessary corrections have been made then the
worker will sign the petition. If the prosecutor refuses to correct the petition, then
the worker must refuse to sign it and must discuss the matter with his/her
supervisor.
Prior Notice
Once the decision to file a petition has been made the worker must make a
reasonable effort to notify the child’s caretakers of the day of presentation of the
petition to the court. Prior notice is not required when the caretakers are: likely to
flee; hide; or attempt to force the child to deny that he has been harmed or
threatened with harm; or, when the whereabouts of the caretakers are unknown.
Whenever prior notice is not provided for one of these reasons, the worker must
document this decision in FACTS.
Note: A reasonable effort to notify means that the worker can inform the caretakers
of his intention to file a petition even though supervisory approval has not yet been
granted. Or, the worker can wait until supervisory approval has been granted and
then telephone the caretakers or go to their home to notify them.
7.8.1 Amendments to a Petition
The Rules of Procedure for Child Abuse and Neglect Proceedings allow a petition
to be amended at any time until the final adjudicatory hearing begins; provided that
an adverse party is granted sufficient time to respond to the amendment. If a new
allegation or threat to child safety arises after the final adjudicatory hearing, the
allegations should be included in an amended petition rather than a separate
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petition in a new civil action, and the final adjudicatory hearing shall be re-opened
for hearing evidence on the new allegations in the amended petition. If allegations
arise against a co-petitioner during a court case, then the petition may be amended
which may include a realignment of the parties.
Purpose
Many times, the full scope of what is occurring in a family may not be evident prior
to the initial filing of a petition. Allowing petitions to be amended assures the safety
of children be safeguarded when new, pertinent information is discovered,
Worker Conduct in Requesting a petition be amended
Whenever a CPS Social Worker determines that a petition should be amended,
the following must occur:
The CPS Social Worker will discuss the case with their supervisor and
request supervisory approval to proceed;
If the Supervisor agrees, the CPS Social Worker or Supervisor will contact
the Prosecuting Attorney advising why the Department is requesting the
petition be amended;
The CPS Social Worker will provide the Prosecuting Attorney with
supportive documentation when applicable.
7.9 Role of the Prosecuting Attorney
The Supreme Court addressed the role of the prosecuting attorney in child abuse
and neglect cases in its ruling in the cases styled, “In Re: Jonathan G” and “In Re:
Diva P.” The ruling is as follows: “Based on our conclusion that the prosecuting
attorney’s role as related to DHHR in an abuse and neglect proceeding is that of a
traditional attorney-client, we further determine that a prosecuting attorney has no
independent right to formulate and advocate positions separate from its client in
these cases. This ruling means that the prosecuting attorney is supposed to
represent the position of the Department throughout the stages of all judicial
proceedings.
Staff involved in judicial proceeding should always be willing to discuss any and all
aspects of a case with the prosecutor but must remember that the final
recommendations about the case are the responsibility of the Department. If the
Prosecuting Attorney will not assist the DHHR in filing a petition to implement an
out-of-home safety plan, the DHHR must initiate the provision for Dispute
Resolution, pursuant to 49-4-501(c).
7.10 Temporary Custody Pending a Preliminary Hearing
Statute
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Under certain circumstances a worker may determine that the implementation of a
protection plan or out-of-home safety plan requires the immediate and involuntary
removal of a child from the home. State statute, 49-4-601, provides the worker the
opportunity to file a petition requesting an immediate transfer of custody until a
hearing can be held when:
There exists imminent danger to the physical well-being of the child; and,
There are no reasonably available alternatives to the removal of the child.
Purpose
The purpose of this part of the statute is to provide the court with the opportunity
to authorize an immediate transfer of custody in order to protect children at
imminent risk of harm.
Worker Preparation for a Temporary Custody Hearing
Prior to the hearing on imminent danger the worker will:
Arrange for the preparation and presentation of a petition; and,
Provide notice of the hearing to the appropriate parties.
Worker Conduct during the Hearing
During the hearing, the worker will be present in court in order to respond to any
questions or requests for information from the circuit judge or other parties.
Worker Conduct after the Hearing
Once the court has ruled on the petition, the worker will proceed to implement the
order of the court including removing the child from the home of the child’s
caretakers and placing the child in out-of-home care.
7.11 Placement Requirements
When a Judge grants the Department temporary custody pending a hearing and
the child is placed outside his home, the worker must insure that the following
placement requirements are met unless they are modified by court order.
Visitation - visitation with the child shall be allowed on a regular basis at any
reasonable time as requested by the parents or legal guardian. Visitation can be
denied if there is the likelihood of danger of physical violence to the child or another
person, or if custody was obtained because of physical or sexual abuse, and it is
determined that it is necessary to deny or limit visitation to protect the child.
Whenever visitation is denied or limited, the parents must be informed by the
worker of the reasons why and the worker must document the reasons in FACTS.
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Placement Facility - child(ren) shall be placed only in those facilities which meet
the department’s standards for adequate food, clothing and shelter, In addition,
child(ren) shall only be placed in a facility which has no more than the number of
children for which it has been approved or licensed.
Placement of Siblings - whenever siblings are removed they should, whenever
possible and in their best interests, be placed together within the same home and
in the same school district.
Worker Contact - the worker shall maintain contact with the child or foster
placement at least bi-weekly until the adjudicatory hearing unless modified by court
order. Contact may be either a face-to-face meeting or can be a telephone call.
Transportation - when a parent or legal guardian wants to visit their child(ren) and
cannot make reasonable arrangements to do so, then the worker shall arrange the
necessary transportation.
Telephone Calls - phone calls between the parents or legal guardians and the
child will be permitted daily at least five (5) days a week at the option of the parent
or child. There will be no charge to the parent or child when the child is placed
outside the calling area of the parent. When the parents request reimbursement
for telephone calls, they must present an itemized telephone bill as verification of
the expenses they incurred. Upon presentation of the itemized bill, reimbursement
will be made via a demand payment.
It is expected that any telephone calls the child will make will be from the placement
facility. Upon presentation of an itemized telephone bill, reimbursement to the
facility will be made via a demand payment. Telephone calls may be denied or
limited when custody has been obtained because of sexual or physical abuse and
denial or limitation is necessary to protect the child. The reasons for any denial or
limitation must be documented in FACTS.
7.11.1 Placement of a Child Whose Siblings are Already in
Foster Care
Statute
State statute, 49-4-111, requires the Department, when placing a child in foster
care who also has siblings in care, to notify the caretakers of the siblings of the
availability of this additional child for possible placement in their home.
Purpose
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The purpose of the statute is to assure that a child who is placed in foster care
after other siblings already in care or previously adopted shall be placed with those
other children where possible and in the children’s best interest.
Worker Responsibilities
In all cases in which a child is to be placed, the worker must ask the child’s
caregivers at the time of placement if they have other children in foster care or
other children for whom their rights have been terminated. If there is an affirmative
answer to either question, then the worker must:
Notify the foster or adoptive parents of the sibling(s) that this child is available
for placement;
Discuss with the foster or adoptive parents their interest in caring for this child;
Refer the family to the Home Finding unit as soon as possible if the foster or
adoptive parents agree to care for the child coming into care; and,
Document the results of all contacts made to place children with their siblings.
Note: Because of time constraints in cases of imminent danger it may not be
possible to initially place a child with his or her siblings. Whenever such a
placement is not possible the worker must ask the court to approve the separate
placement of the siblings.
7.12 Court Appointed Legal Counsel
In any legal proceeding in which the Department is petitioning the court in a case
of child neglect or abuse, the child and his caretakers have a right to be
represented at every stage of the proceedings.
A child and his caretakers may not be represented by the same legal counsel. A
legal counsel may represent all the children or both parents if both parents agree
to be represented by the same person. The court must appoint legal counsel to
represent the child(ren) and, if the parents cannot afford legal counsel, then the
court must appoint counsel for them. Appointed counsel have a right to certain
information and other materials from the Department. This information should be
provided to the legal counsel by the worker who had the petition filed.
Note: the duties and responsibilities of the legal counsel appointed to represent
the child(ren) continue until the child is in a permanent placement.
Access to Records
Both the legal counsel for the child and the legal counsel for the child’s caretakers
have a right to review the records and other information maintained by the
Department about the child or the child’s caretakers with one exception. The
Department shall not allow access to records disclosing the identity of a referent.
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Whenever legal counsel makes a request to review a record, the worker will make
the necessary arrangements for the review. The request does not have to be
honored on the same day it was made. The worker must inspect the information
required to be produced and delete any identifying information about the referent.
Once that information has been removed, then the worker should notify counsel of
the availability of the record for review.
7.13 Court Appointed Special Advocate (CASA)
A Court Appointed Special Advocate (CASA) is a trained volunteer who may be
appointed by the court to serve as an independent representative of the child(ren)
who is the subject of a child welfare proceeding. The appointment of a CASA
volunteer does not in any way change the duties and responsibilities of the attorney
for the child.
A CASA volunteer shall remain involved in a case until further order of the court or
permanent placement of the child(ren) is achieved.
Access to Records
Unlike legal counsel, a CASA volunteer does not have a statutory right to inspect
the records of the child whom they are appointed to represent or the records of the
child’s family. According to the Supreme Court a CASA volunteer can gain access
to these records either through a court order or through a waiver for the release of
information from the parties.
Whenever a CASA volunteer requests access to Department records, the worker
must verify the existence of a court order or waiver by all the parties before granting
access. If there is no order or waiver, then access must be denied.
In those cases, in which access is permitted, the CASA volunteer cannot be
allowed any information which discloses the identity of a referent.
7.14 Discovery
Under the Rules of Procedure issued by the Supreme Court, the prosecuting
attorney is required to provide certain information to the legal counsel for the
caretakers. Most of the information which is to be provided will consist of materials
developed by or in the possession of the Department. The responsibility for
providing this information to the prosecutor for transmittal to the caretakers’ legal
counsel rests with the worker who initiated the petition.
Within three (3) days of the filing of the petition the worker will provide the following
to the prosecutor:
A copy of any relevant written or recorded statements made by the
caretakers and the substance of any oral statements which they made,
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and which will be offered in evidence during the hearing;
A copy of any books, papers, documents, photographs, tangible objects,
buildings, or places which are material to the preparation of the case or
are intended to be used as evidence in the case or were obtained from or
belong to the caretakers;
A copy of the results and reports of physical and/or mental examinations,
if any, and a copy of scientific tests and/or experiments, if any, which are
used in the preparation of the case or are intended to be used in evidence
during the hearing; and,
A written list of names and addresses of all witnesses who will be called
to testify together with any record of prior convictions of any such
witnesses.
Not less than five (5) days prior to the preliminary hearing, or any other hearing in
which evidence will be introduced, the worker will provide the following to the
prosecutor:
A copy of any book, papers, documents, photographs, tangible objects,
buildings, or places which will be introduced into evidence;
A copy of the results and reports of physical and/or mental examinations
and a copy of scientific tests and/or experiments made in conjunction with
this case which will be used in evidence during the hearing or a copy of
the same items prepared by any witness and which will be used in relation
to the testimony of the witness; and,
A written list of the names and addresses of the witnesses to be called
during the hearing.
7.15 Preliminary Hearing
Statute
The state statute regulating the preliminary hearing is contained in 49-4-708 of the
Code of West Virginia and requires that: if at the time the petition was filed, the
court placed or continued the child in the emergency custody of the Department or
a responsible person, then a preliminary hearing on emergency custody shall be
initiated within ten (10) days after the continuation or transfer of custody.
Purpose
The purpose of the preliminary hearing is to determine whether there is reasonable
cause to believe that the child is in imminent danger; whether continuation in the
home is contrary to the welfare of the child and set forth the reasons; whether the
department made reasonable efforts to preserve the family and to prevent the
child’s removal from his or her home or whether an emergency situation made
such efforts unreasonable or impossible; and whether efforts should be made by
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the Department to facilitate the child’s return, and if so, what efforts should be
made.
Worker Preparation for the Preliminary Hearing
Prior to the preliminary hearing the worker will:
Prepare and develop general terms or requirements to offer in the event
that a pre-adjudicatory improvement period is requested. Provide the
terms in writing to the prosecuting attorney prior to the hearing for
presentation at the hearing;
Based upon the time that a pre-adjudicatory improvement period may be
granted and the stage of the Family Functioning Assessment process, the
terms that are offered may only be able to address the safety needs of the
child and/or placement needs of the child. The protection plan or the
safety plan must be used to determine the terms if the progress of the case
does not extend beyond the family functioning assessment;
Convene a preliminary meeting with the parent, when possible, and the
child(ren), when appropriate, to determine known prospective
multidisciplinary treatment team membership. (This meeting need not be
a separate event and should be conducted during other necessary face-
to-face contact with the family prior to the hearing.);
Prepare and send the written notification for the date of the treatment team
meeting to all the parties within seven days of the filing of the petition. In
the event the membership of the MDT is not known within seven days of
the filing of the petition, i.e. the guardian ad litem or the parent’s attorney
may not have been appointed; the notification letters will be taken to the
hearing and provided to members at that time;
Notify the prosecuting attorney in writing of any information that would
negatively affect the granting of an improvement period;
If the child is out of the home due to a protection plan being implemented,
complete the Family Functioning Assessment and Safety Analysis
Process considering possible reunification if the child can be protected
and safety can be maintained with an in-home safety plan;
Obtain a copy of the parent(s) financial disclosure statement for child
support to use during the hearing as needed.
Worker Conduct During the Preliminary Hearing
During the hearing the social worker will:
If the worker believes that a mental or medical examination is necessary,
then the worker must be prepared to request that the court order the
appropriate examination(s);
If an improvement period is requested, provide the suggested terms to the
court and request that they be made part of the court record;
In the event that reunification can be affected through an in-home safety
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plan, the safety services will be included in the terms recommended for
the improvement period. This requires completion of the Family
Functioning Assessment or the completion of a continuing safety analysis
if the family was open for ongoing cps services;
Request that the order reflect that the parent(s) will participate with the
MDT, will participate in the development of the family
assessment/treatment plan identified through the Protective Capacities
Family Assessment and will participate and cooperate with the terms of
the improvement period if one is granted;
Obtain signed releases of information from the parent(s), guardian(s) or
custodian(s) or request that the order reflect the appropriate language to
obtain any necessary medical information;
Request that the signed releases of information be made part of the court
record;
Request that the court order reflect financial support by the parents
including the requirement that the parents complete a financial disclosure
form as necessary;
Request that the date for the next hearing be scheduled, placed on the
docket and reflected in the court order;
In the order granting the improvement period, the court must order that a
hearing be held to review the matter within sixty (60) days or within ninety
(90) days of the granting of the improvement period;
Request that the written order reflect the department’s financial
responsibility for the expenses associated with the services identified in
the improvement period terms if the court so orders at the hearing;
If the family demonstrates to the court that they are unable to bear the cost
of such expenses, the court may order the department to financially
support the provision of services.
Worker Conduct Following the Preliminary Hearing
The actions which the worker must take after the conclusion of the preliminary
hearing depend upon whether an improvement period was granted or whether an
improvement period was not requested or granted.
Worker Conduct When an Improvement Period is Granted
Following the hearing, if a pre-adjudicatory improvement period is granted, the
worker will:
Complete Family Functioning Assessment and make arrangements for
transferring the case to on-going CPS if this has not occurred;
Convene the multidisciplinary treatment team meeting;
Prepare and educate the members of the multidisciplinary treatment team
with the PCFA process and the next steps related to the process. The
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multidisciplinary team meeting would be an appropriate vehicle to
introduce the family to the worker that will be conducting the PCFA and
participating in the development of the treatment plan if the case was not
active in On-Going CPS Services;
Direct the collaborative effort of the multidisciplinary team meeting in the
development of the family case plan. (The family case plan also serves
as the child assessment that is to be completed within thirty (30) days of
the receipt of custody.);
File the uniform child or family case plan with the court within thirty (30)
days of the hearing granting the pre-adjudicatory improvement period and
provide all members of the multidisciplinary team with a copy of the plan;
The statutes do not define the term “file with the court,” nor do they specify
a method for transmitting the plan to the court. Therefore, it has been
decided to provide the case plan to the circuit clerk and to the prosecuting
attorney to meet this requirement;
If the child is in an out-of-home placement, evaluate reunification efforts
and determine if the child can be returned to the family if safety and
protection can be maintained with an in-home safety plan by completing
the family functioning assessment. If the case is further into the CPS
process, the continuing safety analysis and plan will be used for this
purpose;
Provide the record keeping for the multidisciplinary team meeting;
Provide a report to the Case Oversight Team containing the log with the
participant list, the results of the MDT and any barriers to service provision
to the family;
Provide services and closely monitor the participation of the family with the
terms of the improvement period and family case plan;
Insure that the service providers of the uniform child or family case plan
provide written reports every thirty (30) days and provide copies of the
reports to each treatment team member;
Complete the Safety Assessment and Management System family case
plan evaluation;
Convene the multidisciplinary treatment team to review the Safety
Assessment and Management System family case plan evaluation and
provide input for the uniform child or family case plan evaluation of
progress;
Submit the uniform child or family case plan evaluation of progress report
to the court and provide copies to the multidisciplinary treatment team
members within sixty (60) days of the hearing granting the improvement
period;
Request that the uniform child or case plan evaluation of progress report
is entered as part of the court record;
Contact the prosecuting attorney to ensure that the sixty (60) day or ninety
(90) day hearing is scheduled and on the court’s docket;
Submit to the court in writing any modification in the uniform child or family
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case plan. (The statutes do not define the term “file with the court,” nor do
they specify a method for transmitting the plan to the court. Therefore, it
has been decided to provide the case plan to the circuit clerk and the
prosecuting attorney to meet this requirement);
Contact the prosecuting attorney fifteen (15) days prior to the expiration of
the improvement period to ensure that the hearing is scheduled and on
the court’s docket;
The adjudicatory hearing must take place no later than sixty (60) days after
the expiration of the improvement period. The worker will more than likely
be the person accountable for keeping track of the dates of the
improvement periods, hearings, mandated reports and multidisciplinary
team responsibilities;
Remind the prosecutor of the court’s duty to specify a future date in the
order if a motion for continuance of the hearing is received and there are
no objections. (If there is difficulty with receiving sufficient notice of a
continuance motion or if there are objections to the continuance, the
prosecuting attorney is to be immediately advised. If the Department is
requesting a continuance, the prosecuting attorney must be consulted to
request the written motion that must specify “good cause” for the
continuance);
Collect progress reports from providers to furnish to the court at the
adjudicatory hearing.
Worker Conduct When an Improvement Period is not Requested or Improvement
Period is Denied
Following the hearing, if a pre-adjudicatory improvement period is not granted, the
social worker will:
Complete the family functioning assessment and make arrangements for
transferring the case to on-going CPS if this has not occurred;
Convene the multidisciplinary treatment team;
Prepare and educate the family and the members of the multidisciplinary
treatment team with the WV SAMS process and the next steps related to
the process. (The MDT meeting would be an appropriate vehicle to
introduce the family to the worker that will be conducting the PCFA and
participating in the development of the treatment plan if the case was not
active in on-going services;
Direct the collaborative effort of the multidisciplinary team meeting in the
development of the uniform child or family case plan. (If a pre-adjudicatory
improvement period was not granted, there is no requirement to file the
family case plan with the court. In this instance, the family case plan also
serves as the child assessment that must be completed within thirty (30)
days of the receipt of custody);
If the child is in an out-of-home placement, evaluate reunification efforts
and determine if the child can be returned to the family if safety and
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protection can be maintained with an in-home safety plan by completing
the family functioning assessment. If the case is further into the CPS
process, the continuing safety analysis and plan will be used for this
purpose;
Provide the record keeping for the treatment team meeting;
Provide a report to the Case Oversight Team containing the log with the
participant list, the results of the MDT, and any barriers to service provision
to the family;
Provide services and closely monitor the participation of the uniform child
or family case plan;
Insure that the service providers of the uniform child or family case plan
provide written reports every thirty (30) days and provide copies of the
reports to each treatment team member;
Complete the SAMS family case plan evaluation process with the family;
Convene the treatment multidisciplinary team to review the Safety
Assessment and Management System family case plan evaluation and
provide input for the uniform child or family case plan evaluation of
progress;
Collect all progress reports from providers and include the reports with the
case evaluation of progress to provide the court at the adjudicatory
hearing;
Contact prosecuting attorney to ensure that the adjudicatory hearing is on
the court’s docket. (The adjudicatory hearing shall occur within thirty (30)
days of the entering of the temporary custody order unless a pre-
adjudicatory improvement period is granted,)
7.16 Child Support
Statute
State statute, 49-4-801, requires that child support be ordered in all cases in which
a child is placed in foster care. The statute also requires the court to calculate
child support according to the income shares formula.
Purpose
The purpose of these statutes is to enable the state to recover all or part of the
costs of providing for the maintenance of children in foster care.
Court Action
In deciding on the issue of the child support, the court has options which it may
exercise. They are:
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If the court at the initial hearing believes that it has adequate financial
information from a financial disclosure statement or from testimony to
determine child support, then the court should apply the income shares child
support formula and include the amount(s) in the official standard form order
appropriate to the proceeding.
If the court does not have adequate financial information at the initial
hearing, then the court should order that:
The parent or, in two parent households, each parent will complete a
financial disclosure statement and a supplemental information form and
submit the forms to the worker who filed the petition. (The worker should
bring a copy of the forms to the initial hearing in case they are needed.)
The order should include a date by which the forms are to be submitted;
The court should also order that the parent(s) pay to the district financial
clerk:
A minimum of $50 per child monthly or, if the parents are living
separately, $50 monthly per parent per child or a higher
monthly amount per child as the court deems appropriate.
NOTE: The official name of the form which the parents’ must complete is:
“Financial Statement for Child Support (SCA-DR-100).” Copies of this form should
be available in the Office of the Clerk of the Circuit Court or from the local Child
Support Enforcement staff. Copies of the FC-1, the Supplemental Information form
and the FC-2, Foster Care Referral form, should be available from the local Child
Support Enforcement staff.
Worker Conduct
Income Shares Formula Applied by the Court
When the court has entered a child support order based on the income
shares formula, then the worker should, whenever a report is made to the
court or a hearing is held, report on whether or not the parent(s) are
complying with the order. The worker will enter all information on parents,
including absent or unknown parents into FACTS correctly and complete all
necessary screens, including the Relationship Screens. FACTS will
generate a referral to the Child Support Enforcement Division, ten (10) days
after a placement has been entered, for the possible assessment of fees to
contribute to the cost of the child’s care as defined in 49-4-801, 48-11-101,
48-11-102 & 48-13-101 and explain this process to the parents.
Income Shares Formula not Applied by the Court
If at the initial hearing the court cannot decide based on the income shares formula,
then the worker must:
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Review the financial disclosure statement when it is submitted by the
parent(s);
Determine whether the parent(s) income meets or exceeds the income
shares formula (the level at which the parent(s) would not be responsible
for child support);
If the income is less than the threshold level, the worker will take no further
action except to periodically check to ensure that the parent(s) are making
payments according to the court order;
If the income meets or exceeds the threshold level, then the worker will refer
the case to the Child Support Enforcement Division so that they may take
the appropriate action;
The referral will be sent via a DHS-1 to the Bureau for Child Support
Enforcement (BCSE) in the county in which the petition was filed. The
following information must accompany the DHS-1:
A copy of the court order transferring custody and ordering
child support.
Each parent’s completed financial disclosure statement.
Each parent’s form FC-1 containing supplemental
information.
Failure to Pay Child Support
When a parent who has been ordered to pay child support fails to do so, then the
following action should be taken:
The financial clerk will notify the worker assigned to the case of the non-
payment.
The worker will complete a Foster Care Referral form, FC-2 and send it to
the local BCSE office in which the petition for custody was filed. The form
will be transmitted via a DHS-1. In addition, the worker will attach a copy of
the court order transferring custody and ordering child support if not
previously provided.
NOTE: The FC-2 is a two-page form which asks for certain identifying
information on the first page and financial information on the second page.
In completing the second page the worker will enter the amount(s) of child
support received and the monthly foster care payments under the column
Monthly IV-E Expenses if the child has been determined to be IV-E
eligible. If the child is not IV-E eligible or if no determination has been
made, then the foster care payments will be entered under the
column Monthly Non-IV-E Expenses.
Procedures When a Child Returns Home
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When the child returns home and foster care payments are no longer being made
on behalf of the child, the worker will notify the local BCSE office of this change.
The notification should be made via a DHS-1.
7.17 Multidisciplinary Treatment Planning Process
Statute
State statute, 49-4-401(2), requires the Department to establish a multidisciplinary
screening, advisory and planning system.
Purpose
The purposes of the multidisciplinary system are to:
Assist courts in facilitating permanency planning following the initiation of
judicial proceedings;
Recommend alternatives to the court; and,
Coordinate evaluations and the provision of services.
7.17.1 Multidisciplinary Treatment Team
Statute
State statute, 49-4-403, requires the formation of a multidisciplinary treatment
team in every case in which a petition alleging child abuse or neglect is filed.
Purpose
The purposes of the multidisciplinary treatment team are to: assess; plan;
implement; and, monitor a comprehensive, individualized service plan for children
who are victims of abuse or neglect and their families.
Treatment Team Membership
The treatment team is composed of the following individuals: the WVDHHR worker
assigned to the child or family; the child’s custodial parents or guardian; other
immediate family members; the attorney(s) representing the parent(s) of the child,
if assigned by the judge of the circuit court; the child if the child is over the age of
twelve (12) and the child’s participation is otherwise appropriate; the child if under
the age of twelve (12) and when the team determines that the child’s participation
is appropriate; the guardian ad litem; the prosecuting attorney or his/her designee;
a member of the child advocacy center when the child has been processed through
the child advocacy center program(s); and, where appropriate to the particular
case under consideration and available, a court-appointed special advocate, a
member of a child advocacy center, an appropriate school official, and any other
person or an agency representative who may assist in providing recommendations
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for the particular needs of the child and family; and, any other agency, person or
professional who may contribute to the teams efforts to assist the child and family.
(This last category of membership should be interpreted to mean any professional
or non-professional provider of direct and/or supportive services to the child and
family.)
Team Operation and Worker Responsibilities
Any prospective team member may convene a multidisciplinary team. Whenever
a WVDHHR worker files a petition, that worker must take the steps necessary to
initiate the multi-disciplinary treatment team process and must offer to serve as the
case manager during the operation of the team.
In addition to the duties assigned to multidisciplinary teams and MDT case
managers in the statute, the Court Rules impose further responsibilities on these
teams. Specifically, the Court Rules require these teams to:
Develop the uniform child and family case plan;
Submit written reports to the circuit court;
Meet with the circuit court at least every three (3) months until the case is
dismissed from the docket; and,
Be available for status hearings and conferences as required by the circuit
court.
7.18 Medical and Mental Examinations
State statute, 49-4-603 permits the circuit judge or any party to the proceedings to
order that the child or the child’s caretakers be examined by a physician,
psychologist or psychiatrist and may require the person conducting the
examination to testify.
If the child’s caretakers refuse to undergo an examination, the court cannot hold
them in contempt nor can the court terminate parental rights because of such a
refusal.
7.19 Adjudicatory Hearing
Statute
The state statute regulating the adjudicatory hearing is contained in 49-4-601 of
the Code of West Virginia.
Purpose
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The purpose of the adjudicatory hearing is to provide the parties, the Department
and the child’s caretakers, with the opportunity to testify and to present evidence
regarding the allegations contained in the petition.
At the conclusion of the hearing the court shall make a determination based on the
evidence and shall make findings of fact and conclusions of law as to whether or
not the child is abused and/or neglected.
Worker Preparation for the Adjudicatory Hearing
Prior to the adjudicatory hearing the worker will:
Prepare and develop general terms or requirements to offer in the event a
post-adjudicatory improvement period is granted. Provide the terms in
writing to the prosecuting attorney prior to the hearing for presentation at
the hearing;
Notify the prosecuting attorney in writing of any information that would
negatively affect the granting of an improvement period;
Insure that the multidisciplinary treatment team has received notice of the
hearing;
Prepare any releases of information for signature;
Prepare the multidisciplinary treatment team notices for the next meeting;
If the child is in an out-of-home placement, evaluate reunification efforts
and determine if the child can be returned to the family as long as
protection and safety can be maintained with an in-home safety plan.
(This requires completion of the continuing safety analysis of the SAMS
process.)
Worker Conduct During the Adjudicatory Hearing
During the adjudicatory hearing the worker will:
If an improvement period is requested, provide the suggested terms to the
court and request that they be made part of the court record (In the event
that reunification can be affected through an in-home safety plan, the
safety services will be included in the terms of the court record.);
Testify regarding the worker’s knowledge of the abuse and/or neglect
and/or conditions threatening the child’s safety;
Request that the uniform child or family case plan evaluation of progress
that was previously provided to the court and all progress reports by
providers be made part of the court record (If a pre-adjudicatory
improvement period was not granted, request that the family case plan
and the family case plan evaluation of progress developed through the
collaboration of the MDT be entered in the court record.);
Requests the order reflect that the parent(s) must participate and
cooperate with the terms of the improvement period, must participate with
the MDT and must participate in the development of the treatment plan
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identified through family assessment;
Obtain signed releases of information from the parent(s) or request that
the order reflect the appropriate language to obtain any necessary medical
information;
Request that the releases of information be made part of the court record;
Request that the next hearing be scheduled, placed on the court’s docket,
and reflects in the court order;
Schedule and provide written notification to all multidisciplinary treatment
team members of the next treatment team meeting;
Request that the multidisciplinary treatment team notices be made part of
the court record;
Request that the written order reflect the department’s financial
responsibility, if any, for the expenses associated with the services
identified in the improvement period terms if the court so orders at the
hearing (If the family demonstrates to the court that they are unable to
bear the cost of such expenses, the court may order the department to
financially support the provision of services.);
The worker must request that any medical expenses which are to be paid
by the Department are to be paid at the current Medicaid rates for such
services;
Payment for medical services can be made through the use special
medical card;
Payment for other types of services can be made through the demand
payment system;
Payment for medical services which exceed Medicaid coverage will be
made by submitting a court order with the seal of the court on the order
and the invoice for services to the bureau for Children and Families, ATTN:
Administrative Services. If the seal of the court does not appear on the
order, then payment cannot be made.
Worker Conduct Following the Adjudicatory Hearing
The actions which the worker must take after the conclusion of the adjudicatory
hearing depend on whether an improvement period was granted or whether an
improvement period was not requested or granted
Worker Conduct When an Improvement Period is Granted
Following the hearing, if a post-adjudicatory improvement period is granted, the
worker will:
Complete the protective capacities family assessment if this has not
occurred;
Convene the MDT;
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Update and educate the family and members of the multidisciplinary
treatment team with the CPS process and the next steps related to the
process;
Direct the collaborative effort of the MDT meeting in the development of
the family case plan;
Provide the record keeping for the treatment team meeting;
Provide a report to the Case Oversight Team containing the log with the
participant list, the results of the MDT and any barriers to service provision
to the family;
File the uniform child or family case plan with the court within thirty (30)
days of the hearing granting the improvement period and provide all
members of the multidisciplinary team with a copy of the plan (The statutes
do not define the term “file with the court,” nor do they specify a method
for transmitting the plan to the court. Therefore, it has been decided to
provide the case plan to the circuit clerk and to the prosecuting attorney to
meet this requirement.);
Continue the CPS process, provide services and closely monitor the
participation of the family with the terms of the improvement period and
family case plan;
Insure that the service providers of the uniform child or family case plan
provide written reports every thirty (30) days and provide copies of the
report to each treatment team member;
Prepare the Safety Assessment and Management System family case
plan evaluation;
Convene the MDT, provide copies of the Safety Assessment and
Management System Family Case Plan Evaluation to the members,
review other relevant information and provide input for the uniform child or
family case plan evaluation of progress;
Provide the uniform child or family case plan evaluation of progress to the
court with copies to the MDT members within sixty (60) days of the hearing
granting the post-adjudicatory improvement period. (In the SAMS
process, case evaluation is to occur every ninety (90) days. The case
evaluation date can be adjusted to occur prior to the hearing. The family
case plan evaluation of progress will serve as the SAMS case evaluation
and will comply with the administrative review requirements for children in
placement.);
Contact the prosecuting attorney fifteen (15) days prior to the sixty (60)
day or ninety (90) day hearing for review of the parent(s) progress to insure
it is scheduled and placed on the court’s docket;
Attend the hearing and request that the uniform child or family case plan
evaluation of progress be made part of the court record and request the
court’s signature on the signature attachment page;
At the sixty (60) or ninety (90) day hearing, request that a hearing be
scheduled for a review of progress which must occur every three months
following the granting of an improvement period and request that it is
placed on the court’s docket (The court may select to schedule a status
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conference devoted to reviewing the parent’s progress instead of a
hearing.);
Prepare in collaboration with the MDT the uniform child or family case plan
evaluation of progress prior to each hearing or status conference;
If modifications are made to the uniform child or family case plan as the
casework process continues, file with the court in writing any modifications
to the family case plan (The statutes do not define the term “file with the
court,” nor do they specify a method for transmitting the plan to the court.
Therefore, it has been decided to provide the case plan to the circuit clerk
and to the prosecuting attorney to meet this requirement.);
Contact the prosecuting attorney 15 days prior to all hearings or status
conferences to insure they are scheduled and placed on the court’s
docket;
Prior to each hearing or status conference, notify the members of the MDT
of the dates and time of the scheduled hearing or status conference;
Attend each hearing or status conference and provide a written report to
the court of the family’s progress with the family case plan and the
development in the case (In the SAMS process, case evaluation is to occur
every ninety (90) days. The case evaluation can be adjusted to occur prior
to the hearings or status conferences. The family case plan evaluation of
progress will serve as the PCFA case evaluation and will comply with the
administrative review requirements for children in placement.);
Request that the uniform child or family case plan evaluation of progress
be made part of the court record and request the court’s signature on the
signature attachment page;
At the conclusion of each hearing or status conference request that the
court schedule and place on the docket the next hearing that must occur
every ninety (90) days (The court may elect to schedule a status
conference devoted to reviewing the parent’s progress instead of a
hearing.);
If a foster care permanency review hearing has not been conducted within
the first twelve (12) months or every twelve (12) months thereafter, the
worker will request that a hearing be scheduled to review the planning for
the child and family instead of a status conference. This serves to meet
the statutory requirements of the WV Code 49-4-110 and 49-4-608 for
judicial review and Title IV-E of the Social Security Act;
Insure that the MDT is notified of each hearing or status conference;
Prepare and distribute all required reports to the MDT;
Contact the prosecuting attorney at least fifteen (15) days prior to the
expiration of the improvement period to ensure that the hearing is
scheduled and on the court’s docket (The disposition hearing must take
place no later than sixty (60) days after the expiration of the improvement
period.);
Remind the prosecutor of the court’s duty to specify a future date in the
order if a motion for continuance of the hearing is received and there are
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no objections (If there is difficulty with receiving sufficient notice of a
continuance motion, or if there are objections to the continuance, the
prosecuting attorney is to be immediately advised. If the Department is
requesting a continuance, the prosecuting attorney must be consulted to
request the written motion that must specify “good cause” for the
continuance.);
Notify the prosecuting attorney if the client is not participating in the terms
of the improvement period and request that a motion be filed, and a
hearing be held to terminate the improvement period (The worker is
responsible for providing the information that supports the request for the
termination of the improvement period.);
Be prepared to answer the assertions if a motion is filed to extend the
improvement period for a period up to three months (The motion filed for
an extension of the improvement period must set forth specific assertions:
1) the family has substantially complied with the terms of the improvement
period, 2) the continuation of the improvement period will not substantially
impair the ability of the department to permanently place the child, and 3)
an extension is consistent with the best interest of the child. The burden
of proof related to these conditions rests with the family. However, the
worker and MDT will closely monitor and evaluate the uniform child or
family case plan which provides the documentation and supportive
information to provide to the court.);
Prepare, file with the court and provide copies to the child’s attorney and/or
guardian ad litem, parent(s), and the parent’s attorney, the uniform child
or family case plan at least five judicial days prior to the dispositional
hearing. (The statutes do not define the term “file with the court,” nor do
they specify a method for transmitting the plan to the court. Therefore, it
has been decided to provide the case plan to the circuit clerk and to the
prosecuting attorney to meet this requirement.)
Worker Conduct When an Improvement Period not Requested or Improvement
Period Is Denied
Following the hearing, if a post-adjudicatory improvement period is not granted,
the worker will:
Complete the family functioning assessment and make arrangements for
transferring the case to on-going CPS is this has not occurred;
Update and educate the family and the members of the multidisciplinary
treatment team with the CPS process and the next steps related to the
process (The MDT meeting would be an appropriate vehicle to introduce
the family to the worker that will be conducting the PCFA and participating
in the development of the treatment plan if the case was not active in on-
going services.);
Direct the collaborative effort of the MDT meeting in the development of
the uniform child or family case plan (If a post-adjudicatory improvement
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period is not granted, there is no requirement to file the uniform child or
family case plan with the court.);
If the child is in an out-of-home placement, evaluate reunification efforts
and determine if the child can be returned to the family if safety and
protection can be maintained with an in-home safety plan through the
SAMS Continuing Safety Evaluation process;
Provide the record keeping for the treatment team meeting;
Provide a report to the Case Oversight Team containing the log with the
participant list, the results of the MDT and any barriers to service provision
to the family;
Continue the CPS process, provide services and closely monitor the
participation of the family with the uniform child or family case plan;
Insure that the service providers of the uniform child or family case plan
provide written reports every thirty (30) days and provide copies of the
reports to each treatment team member;
Provide copies of the SAMS Continuing Safety Evaluation and SAMS
Family Case Plan Evaluation to each treatment team member;
Collect all progress reports from providers to provide to the court at the
dispositional hearing;
Contact prosecuting attorney to ensure that the disposition hearing is on
the court’s docket (The disposition hearing shall occur within forty-five (45)
days of the entering of the final adjudicatory order.);
Prepare, file with the court and provide copies to the child’s attorney and/or
guardian ad litem, parent(s), and the parent’s attorney, the uniform child
or family case plan at least five (5) judicial days prior to the dispositional
hearing. (The statutes do not define the term “file with the court,” nor do
they specify a method for transmitting the plan to the court. Therefore, it
has been decided to provide the case plan to the circuit clerk and to the
prosecuting attorney to meet this requirement.)
7.20 Dispositional Hearing
Statute
The statute regulating the dispositional hearing is contained in 49-4-604 of the
Code of West Virginia. This statute has been further defined and regulated by the
Court Rules. Depending on the decision of the court, there may be more than one
dispositional hearing.
Purpose
The purpose of the dispositional hearing is to provide all the parties to the case
with the opportunity to address the court about the future care and custody of the
child(ren).
At the conclusion of the hearing the court will choose from a number of specified
options and enter an order regarding future care and custody.
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Worker Preparation for the Dispositional Hearing
Prior to the dispositional hearing the worker will:
Prepare himself/herself to testify about the disposition which they would
like the court to make;
Prepare and develop general terms or requirements to offer in the event
an improvement period is granted as a disposition. Provide the terms in
writing to the prosecuting attorney prior to the hearing for presentation at
the hearing;
Prepare and distribute copies of the uniform child or family case plan to
the parties, their counsel, and persons entitled to notice and the
opportunity to be heard, at least five judicial days prior to the disposition
hearing;
Notify the prosecuting attorney in writing of any information that would
negatively affect the granting of an improvement period;
Insure that the multidisciplinary team and all other parties with a right to
be present have received notice of the hearing;
Prepare any releases of information for signature;
Prepare the multidisciplinary treatment team notices for the next meeting;
If the child is in an out-of-home placement, evaluate reunification efforts
with the SAMS continuing safety evaluation and determine if the child can
be returned to the family if protection and safety can be maintained with
an in-home safety plan.
Worker Conduct During the Dispositional Hearing
During the hearing the worker will:
If an improvement period is requested, provide the suggested terms to the
court and request that they be made part of the court record (In the event
that reunification can be affected through an in-home safety plan, the
safety services will be included in the terms recommended for the
improvement period.);
Request that the uniform child or family case plan evaluation that was
previously provided to the court and all progress reports by providers be
made part of the court record (If a post-adjudicatory improvement period
was not granted, provide the family case plan to the court and request that
it be entered on the court record.);
Request the order reflect that the parent(s) will participate and cooperate
with the terms of the improvement period, will participate with the MDT
and will participate in the development of the treatment plan identified
through family assessment;
Obtain signed releases of information from the parent(s) or request that
the order reflect the appropriate language to obtain any necessary medical
information;
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Request that the releases of information be made part of the court record;
Request that the date for the next hearing be schedule, placed on the
docket and reflected in the court order;
Schedule and provide written notification to all MDT members of the next
treatment meeting;
Request that the multidisciplinary treatment team notices be made part of
the court record;
Request that the written order reflect the department’s financial
responsibility for the expenses associated with the services identified in
the improvement period terms if the court so orders at the hearing. (If the
family demonstrates to the court that they are unable to bear the cost of
such expenses, the court may order the department to financially support
the provision of services.)
Worker Conduct Following the Disposition Hearing
The actions which the worker must take after the conclusion of the disposition
hearing depend on the decision of the court regarding the future care and custody
of the child. The court may grant an improvement period, or the court may choose
another option.
Worker Conduct When an Improvement Period is Granted
Following the hearing the worker will:
Convene the MDT;
Update and educate the family the members of the MDT with the CPS
process and the next steps related to the process;
Direct the collaborative effort of the MDT meeting in the development of
the uniform child or family case plan;
Provide the record keeping for the MDT meeting;
Provide a report to the Case Oversight Team containing the log with the
participant list, the results of the MDT and any barriers to service provision
to the family;
File the family case plan with the court within thirty (30) days of the hearing
granting the improvement period and provide all members of the MDT with
a copy of the plan (The statutes do not define the term “file with the court,”
nor do they specify a method for transmitting the plan to the court.
Therefore, it has been decided to provide the case plan to the circuit clerk
and to the prosecuting attorney to meet this requirement.);
Continue the CPS process, provide services and closely monitor the
participation of the family with the terms of the improvement period and
uniform child or family case plan;
Insure that the service providers of the uniform child or family case plan
provide written reports every thirty (30) days and provide copies of the
reports to each treatment team member;
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Prepare the SAMS family case plan evaluation;
Convene the MDT, provide copies of the SAMS family case plan
evaluation to the members, review other relevant information and provide
input for the uniform child or family case plan evaluation of progress;
Provide the family case plan evaluation of progress to the court with copies
to the treatment team members of the family’s progress within sixty (60)
days of the hearing granting the improvement period (The family case plan
evaluation of progress will serve as the PCFA case evaluation and will
comply with the administrative review requirements for children in
placement.);
Contact the prosecuting attorney fifteen (15) days prior to the sixty (60) or
ninety (90) day hearing for review of the parent(s) progress to ensure that
it is scheduled and placed on the court’s docket;
Attend the hearing and request that the family case plan evaluation of
progress be made part of the court record and request the court’s
signature on the signature attachment page;
At the sixty (60) or ninety (90) day hearing, request that a hearing be
scheduled for a review of progress which must occur every three (3)
months following the granting of an improvement period and request that
it is placed on the court’s docket (The court may select to schedule a status
conference devoted to reviewing the parent’s progress instead of a
hearing.);
Prepare, in collaboration with the multidisciplinary treatment team, the
family case plan evaluation of progress prior to each status conference or
hearing;
If modifications to the family case plan occur as the casework process
continues, submit to the court in writing any modifications to the family
case plan (The statutes do not define the term “file with the court,” nor do
they specify a method for transmitting the plan to the court. Therefore, it
has been decided to provide the case plan to the circuit clerk and to the
prosecuting attorney to meet this requirement.);
Contact the prosecuting attorney fifteen (15) days prior to all hearings or
status conferences to insure they are scheduled and placed on the court’s
docket;
Prior to each hearing or status conference, notify the members of the MDT
of the date and time scheduled for the hearing;
Attend each hearing or status conference and provide a written report to
the court of the family’s progress with the family case plan and the
developments in the case (In the SAMS process, case evaluation is to
occur every ninety (90) days. The case evaluation can be adjusted to
occur simultaneously to the hearings or status conferences. The family
case plan evaluation of progress will serve as the SAMS PCFA case
evaluation and will comply with the administrative review requirements for
children in placement);
Request that the uniform child or family case plan evaluation of progress
be made part of the court record and request the court’s signature on the
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signature attachment page;
At the conclusion of each hearing or status conference request that the
courts schedule and place on the docket, the next hearing that must occur
every ninety (90) days (The court may elect to schedule a status
conference devoted to reviewing the parent’s progress instead of a
hearing. If a hearing has not been conducted within the first twelve (12)
months or every twelve (12) months thereafter, the worker will request that
a hearing be scheduled to review the planning for the child and family
instead of a status conference. This serves to meet the statutory
requirements of the WV Code 49-4-110 and 49-4-608 for judicial reviews
and Title IV-E of the Social Security Act);
Insure that the MDT is notified of each status conference or hearing;
Prepare and distribute all required reports for the multidisciplinary team;
Contact the prosecuting attorney fifteen (15) days prior to the expiration of
the improvement period to ensure that the Final Dispositional Hearing is
scheduled and on the court docket (The final disposition hearing must take
place no later than sixty (60) days after the expiration of the improvement
period at disposition);
Remind the prosecutor of the court’s duty to specify a future date in the
order if a motion for continuance of the hearing is received and there are
no objections (If there is difficulty with receiving sufficient notice of a
continuance motion or if there are objections to the continuance, the
prosecuting attorney is to be immediately advised. The Department is
requesting a continuance, the prosecuting attorney must be consulted to
request the written motion that must specify “good cause” for the
continuance.);
Notify the prosecuting attorney if the client is not participating in the terms
of the improvement period and request that a motion be filed, and a
hearing be held to terminate the improvement period;
The worker is responsible for providing the information that supports the
request for the termination of the improvement period;
Be prepared to answer the assertions if a motion is filed to extend the
improvement period for a period up to three months.
Worker Conduct When the Petition is Dismissed
If the petition is dismissed or the child, the abusing parent or other family members
are referred to a community agency and the petition is also dismissed the worker
will:
Return the child to the child’s caretakers;
Discuss with the caretakers any remaining service needs they may have
and provide assistance to secure them; and,
Proceed to close the child protective services case.
Worker Conduct When Continuing Supervision is Ordered
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Whenever the court orders the return of the child to his or her own home under the
supervision of the department, or, orders terms of supervision which prescribe the
manner of supervision and care of the child, then the worker will:
Convene the multidisciplinary treatment team;
Update and educate the family and the members of the multidisciplinary
treatment team with the CPS process and the next steps related to the
process;
Direct the collaborative effort of the multidisciplinary treatment team in the
development of a plan to implement the order of the court;
Provide a report to the Case Oversight Team containing the log with the
participant list, the results of the multidisciplinary team and any barriers to
service provision to the family;
Continue the CPS process, provide services and closely monitor the
participation of the family with the terms of the court order;
Obtain written reports from service providers every thirty (30) days and
provide copies of the reports to each treatment team member;
Convene the multidisciplinary treatment team to review and provide input
for the case evaluation of progress; and,
Contact the prosecuting attorney to ensure that the case is scheduled for
the Permanency Placement Review hearing no later than ninety (90) days
from the date of the initial disposition hearing.
Worker Conduct When the Court Terminates Parental Rights
When the court terminates parental rights the actions the worker must take depend
on the order of the court regarding the custody of the child.
If the court commits the child to the sole custody of the non-abusing parent, if there
is one, or the permanent guardianship of a licensed child welfare agency, then the
worker will:
Make the arrangements necessary to transfer physical custody of the child
to the non-abusing parent or agency; and,
Take the steps necessary to close the CPS case.
If the court terminates parental rights and commits the child to the guardianship of
the department, then the worker will:
Initiate the permanency placement review process.
Worker Conduct When Custody of Child is Continued With the Department
The court may find that the parents are presently unwilling or unable to provide
adequately for the needs of their child(ren) and may commit the child(ren) to the
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custody of the Department. When the court makes this ruling then the court must
also make a finding about reasonable efforts.
If the court finds that reasonable efforts were not required because of aggravated
circumstances then the court must proceed to hold a permanency hearing within
thirty (30) days following the date of the entry of the order containing the finding.
Whenever the court makes this finding the worker will:
Convene the multidisciplinary treatment team to review the results of the
dispositional hearing and to prepare for the permanency hearing; and,
Continue to provide the appropriate services in the interim between the
dispositional hearing and the permanency hearing.
If the court does not find that aggravated circumstances exist, the court should
issue an order specifying under what circumstances the child’s commitment to the
Department will continue. The worker will:
Convene the multidisciplinary team;
Update and educate the family and the members of the multidisciplinary
treatment team with the CPS process and the next steps related to the
process;
Direct the collaborative effort of the multidisciplinary treatment team in the
development of a plan to implement the order of the court;
Continue the CPS process, provide services and closely monitor the
participation of the family with the terms of the court order;
Obtain written reports from service providers every thirty (30) days and
provide copies of the reports to each treatment team member;
Convene the multidisciplinary treatment team to review and provide input
for the case evaluation of progress; and,
Contact the prosecuting attorney to ensure that the Permanency
Placement review is scheduled no later than ninety (90) days from the date
of the initial disposition.
Final Dispositional Hearing
Prior to the hearing the worker will:
Prepare to address the progress of the parent(s) related to the uniform
child or family case plan;
Collect all progress reports submitted by providers;
Prepare to address the status of the recommended permanency plan for
the child;
Notify the MDT of the date of the hearing;
Contact the prosecuting attorney to discuss any other preparations
necessary for the hearing;
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Prepare and distribute copies of the uniform child or families’ case plan to
the parties, their counsel, and persons entitled to notice and the
opportunity to be heard, at least five (5) judicial days prior to the disposition
hearing.
If the child(ren) continue to be placed out of home, determine if an in-home
safety plan can be implemented as long as safety can be assured through
the use of the continuing formal safety analysis.
During the hearing the worker will:
Provide provider progress reports and request that they be made part of
the court record;
Recommend the permanency plan for the child(ren) and the steps
necessary to achieve the permanent plan;
Request that the court rule on a dispositional determination consistent with
the best interests of the child;
If the permanent placement plan is for reunification with the parent(s),
request that the court order the parent(s) to continue to participate in the
provision of the family case plan, the treatment MDT, and the steps to
achieve the permanent plan for the child(ren).
After the hearing the actions the worker must take depend on the finding of the
court at the Final Dispositional Hearing. (The various actions which a worker may
be required to take are described in the previous sections under this heading.)
7.21 Uniform Child or Family Case Plan
Federal and State Statute
A Case Plan for Foster Care is required by federal statute. State statute requires
family case plan whenever an improvement period is granted or there is an
adjudication of abuse or neglect. In order to comply with the federal statute, the
Uniform Child or Family Case Plan must be completed within sixty (60) days of the
child entering legal custody. A Family Case Plan is required by state statute and
a Child’s Case Plan is required by state statute. In order to comply with the state
statutes, the Uniform Child or Family Case Plan must be filed with the Court at
certain points in the legal proceedings which require a Family Case Plan or a
Child’s Case Plan.
Preparation
The family case plan will be prepared in conjunction with the members of the
multidisciplinary team and the information for the family case plan will be derived
from the information gathered through the application of the WV CPSS or WV
SAMS. Review CPS Policy Section
For more information, review CPS Policy Section 5.22 PCFA and Family Case
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Plan Change Strategy in relation to Foster Care Legal Requirements for a Child or
Family Case Plan
7.22 Family Case Plan
Statute
State statute, 49-4-408, requires the development of a family case plan whenever
an improvement period is granted or there is an adjudication of abuse or neglect.
Purpose
The purpose of the family case plan is to clearly identify and set forth family
problems and the steps necessary to resolve or lessen them.
When completed, the Uniform Child or Family Case Plan meets all of the statutory
mandates of the family case plan.
7.23 Child’s Case Plan
Statute
State statute, 49-4-408, requires the department to prepare and submit a Child’s
Case Plan including the permanency plan for every child found by the court to be
abused or neglected at the end of an adjudicatory hearing.
Purpose
The purpose of the Child’s Case Plan is to provide to the court information which
will enable the court to determine if all appropriate actions are being taken in regard
to the care and well-being of children in foster care.
When completed, the Uniform Child or Family Case Plan contains all the statutory
mandates of the child’s case plan.
7.24 Time Limited Reunification Services
Statute
State statute, 49-1-201, contains definitions for a number of terms relating to abuse
and neglect. One of these terms is time limited reunification services.
Definition
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Time limited reunification services means individual, group, and family counseling,
inpatient, residential or outpatient substance abuse treatment services, mental
health services, assistance to address domestic violence, services designed to
provide temporary child care and therapeutic services for families, including crisis
nurseries and transportation to or from any such services, provided during 15 of
the most recent 22 months a child has been in foster care, as determined by the
earlier of the first judicial finding that the child is subjected to abuse or neglect, or
the date which is 60 days after the child is removed from home.
Purpose
The purpose of this term is to indicate that the process to reunify a child with his
or her caretakers should not, in general, extend beyond 15 months. This limitation,
while not absolute, is a clear statement that the permanency needs of children
should be met within a reasonable period.
7.25 Quarterly Status Reviews
State Statute 49-4-110, requires quarterly status reviews for all children in foster
care until the court files an order stating that the parents’ rights have been
terminated and the department is not required to make reasonable efforts to
preserve the family.
The purpose of quarterly status reviews is to determine the safety of the child, the
continuing necessity for and appropriateness of the placement, the extent of
compliance with the uniform child and family case plan, and the extent of progress
which has been made toward alleviating or mitigating the causes necessitating
placement in foster care, and to project a likely date by which the child may be
returned to and safety maintained in the home or placed for adoption or legal
guardianship. For more information on Quarterly Status Reviews, please see
Foster Care Policy Section 6.2.
7.26 Yearly Permanency Hearings and Permanency Hearing
Reviews
The statute related to Permanency hearings is contained in 49-4-110 and 49-4-
608 of the Code of West Virginia. The purpose of the permanency hearing is to
determine the appropriate permanent placement and permanent plan for the child
or transitioning adult. For more information related to Yearly Permanency
Hearings and Permanency Hearing Reviews please see Foster Care Policy
Section 6.3.
7.27 Change in a Child’s Placement - Report to the Court
Statute
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State statute, 49-4-608(g), requires the Department to file a report with the court
whenever a child in custody receives three or more placements a year.
Purpose
The purpose of this statute is to bring to the attention of the court those children
who are placed and replaced frequently.
Worker Conduct
When a child is scheduled to enter a third placement during the year then the
worker will:
Prepare a child or family case plan progress report describing the child’s
placement history for the year in question including the reason(s) for the various
placements; and,
Contact the Prosecuting attorney and request that the report be filed with the
court and all appropriate parties and their counsel. (If parental rights have been
terminated then the unified child or family case plan progress report is not
provided to the parents or the attorney for the parents.)
After receiving the report, the court may hold a hearing to review the child’s
placement history to determine what efforts are necessary to provide the child with
a stable placement. The court may choose, and/or the worker may request that the
court review the child’s placement as a part of any other court hearing.
7.28 Aggravated Circumstances and Other Situations Where
Reasonable Efforts are not Required
Statute
State statute, 49-4-605, requires that under certain circumstances the Department
must: file a petition for termination of parental rights; or, must request to join in a
petition for termination of parental rights filed by another party.
Definition
The Department is required to file a petition or to join in a petition to terminate
rights or to otherwise seek a ruling to terminate parental rights in any pending
proceeding when a parent, guardian or custodian has:
Subjected the child, another child of the parent, or any other child residing
in the same household or under the temporary or permanent custody of the
parent to aggravated circumstances which include, but are not limited to,
abandonment, torture, chronic abuse and sexual abuse;
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Committed murder of the child's other parent, another child of the parent, or
any other child residing in the same household or under the temporary or
permanent custody of the parent;
Committed voluntary manslaughter of the child's other parent, another child
of the parent, or any other child residing in the same household or under
the temporary or permanent custody of the parent;
Attempted or conspired to commit such a murder or voluntary manslaughter
or been an accessory before or after the fact to either such crime; or
Committed unlawful or malicious wounding that results in serious bodily
injury to the child, the child's other parent, to another child of the parent, or
any other child residing in the same household or under the temporary or
permanent custody of the parent; or
Committed sexual assault or sexual abuse of the child, the child’s other
parent, guardian, or custodian, another child of the parent, or any other child
residing in the same household or under the temporary or permanent
custody of the parent; or,
Been required by state or federal law to register with a sex offender registry;
or
The parental rights of the parent to another child have been terminated
involuntarily.
Has a child that has been removed from the parent’s care, custody, and
control by an order of removal voluntarily fails to have contact or attempt to
have contact with the child for a period of 18 consecutive
months: Provided, That failure to have, or attempt to have, contact due to
being incarcerated, being in a medical or drug treatment facility, or being on
active military duty shall not be considered voluntary behavior.
Exceptions
The Department may determine not to seek termination of parental rights when:
At the option of the Department the child has been placed with a relative;
the Department has documented in the unified child or family case plan made
available for court review a compelling reason, including but not limited to the
child’s age and preference regarding termination or the child’s placement in
custody of the Department based on any proceedings initiated under Article 4,
Part 7 of Chapter 49, that filing a petition would not be in the best interests of
the child; or
The Department has not provided, when reasonable efforts to return a child to
the family are required, the services to the child’s family as the Department
deems necessary for the safe return of the child to the home.
Worker Actions
Whenever a worker is involved in a case, or learns of a case where a petition
requesting termination of parental rights was filed, because a court has determined
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that a parent has abandoned a child, or a court has determined that a parent has
committed murder or voluntary manslaughter of his or her children, has attempted
or conspired to commit such murder or voluntary manslaughter or has been an
accessory before or after the fact of either crime or has committed unlawful or
malicious wounding resulting in serious injury to the child or to another or his or
her own children or the parental rights to a sibling have been terminated then the
worker must either file a petition or seek to join in the petition which has already
been filed. There are no exceptions to this requirement.
Whenever a worker is involved in a case in which a child has been in foster care
for fifteen (15) of the most recent twenty-two (22) months, the worker must either
seek termination of parental rights or document in the case plan a compelling
reason for not requesting termination. There are no exceptions to this requirement.
7.28.1 Compelling Reason to not Request Termination of Parental Rights
Statute
State Statute, 49-4-605, requires the Department to request termination of parental
rights under certain circumstances unless there is a compelling reason not to do
so.
Definition
The statutes do not contain a specific definition of all circumstances which can or
should be considered compelling reasons. The statute does state that the age of
the child and the child’s preference about termination should be considered when
the child entered custody through a juvenile justice proceeding initiated under
Article 5 of Chapter 49.
Purpose
The purpose of this term is to allow the Department to exercise discretion in
deciding when to request the termination of parental rights of children who have
been in custody for more than fifteen (15) months.
Scope
The statute allows the Department to determine whether or not it will seek
termination of parental rights for those cases which meet the conditions contained
in 49-4-605.
It is the policy of the Department that compelling reasons shall be limited to those
cases described in 49-4-605(1). Those are cases in which children have been in
foster care for 15 of the most recent 22 months.
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In all other cases described under 49-4-605, the Department will not exercise any
discretion and will seek termination of parental rights.
7.29 Post-Termination Placement Plan
Child Abuse and Neglect Court Rules
Child Abuse and Neglect Court rule number forty-one (41), part (b) requires the
development and submission by the Department of a post-termination placement
plan within ninety (90) days of the entry of the final termination order for both
parents. The unified child or family case plan progress report can be utilized to
fulfill the requirements for the Post-Termination Placement Plan.
