016-15-18 Ark. Code R. § 2
OVERVIEW
All reports of known or suspected child maltreatment are promptly investigated and immediate steps are taken to protect a maltreated child and any other child under the care of the same alleged offender who may also be in danger of maltreatment. The health and safety of the child are always of paramount concern.
While the Division of Children and Family Services (DCFS) is responsible for ensuring the health and safety of children in Arkansas, the Arkansas State Police Crimes Against Children Division (CACD) collaborates with DCFS to conduct investigations of child maltreatment allegations. DCFS and CACD will assess Priority I and Priority 11 referrals as outlined in the "Agreement Between the Department of Human Services and the Arkansas State Police," which is posted on CHRIS Net and is subject to renewal annually. To determine the individual responsibilities and operational protocol of the two agencies, see the specifics of the agreement. The agreement is written in accordance with Act 586 of 2007, the Governor's Executive Order, and all applicable federal and state laws.
DCFS and CACD, as appropriate, will issue notices regarding child maltreatment allegations to all persons pursuant to § A.C.A 12-18-501 et seq. The Division will issue notices in such a way as to ensure the rights to due process of the alleged offender and to protect others who may be at risk of harm from the alleged offender. For more information on child maltreatment notices, see Policy XIV-A: Notices Regarding Child Maltreatment and related procedures.
INVESTIGATION INITIATION TIMEFRAMES
All Priority I investigations will begin no later than 24 hours after receipt of a report by the Hotline, excluding:
While an allegation that a child has been subjected to neglect as defined by Garrett's Law § 12-18-103(14)(B) is defined as a Priority II investigation, all Garrett's Law investigations must be initiated within 24 hours after receipt of a report by the Hotline per A.C.A. § 12-18-602(b)(2)(B).
All other child maltreatment investigations reports will begin within 72 hours after receipt of a report by the Hotline. Investigations are considered initiated when, as age appropriate, the investigator conducts a face-to-face interview with the alleged victim outside the presence of the alleged offender or observes the alleged victim outside the presence of the alleged offender, or the investigator has otherwise met due diligence (see Procedure II-D3 for more information). Once the investigation has begun, the primary focus will be to determine whether or not the alleged offender has access to the child and whether the child or any other children as well as any elderly persons or individuals with a disability or mental illness with whom the alleged offender works are at risk such that they need to be protected.
NOTICE OF ALLEGATION
The investigative agency at the local level is responsible for providing the notice of allegation to all applicable
parties as outlined in Procedure XIV-Al: Notices of Allegations of Child Maltreatment.
AT RISK DETERMINATIONS
Upon initiation the investigative agency must determine:
If the alleged offender is not a family member or does not live in the home of the alleged victim, the assigned investigative agency will conduct an investigation to determine:
In addition to the other information described in this section (i.e.. Overall Investigation Goals), the assigned investigative agency will also attempt to determine:
Ultimately, the information described above that is collected during the fact-finding phase of the child maltreatment investigation allows the Division to determine:
If at any time before or during an investigation it is determined that the alleged offender is not a caretaker of a child and the alleged victim has reached 18 years of age prior to notification the child maltreatment investigation shall be closed, notwithstanding any criminal investigation.
REASONABLE EFFORTS TO PREVENT REMOVAL
Throughout the investigation the Division will ensure reasonable efforts are made to preserve the family and to prevent the need to remove the child from the home unless the health and safety of the child warrant immediate removal for the protection of the child. When the investigative agency's first contact with the family has occurred during an emergency in which the child could not safely remain at home, even with reasonable services being provided, the Division will be deemed to have made reasonable efforts to prevent or eliminate the need for removal.
present. The presence or absence of safety factors must be documented by the primary investigative agency in the Health and Safety Checklist screen in CHRIS within two business days of the investigation initiation. Every subsequent contact with the family should also include an assessment for any safety factors; however, the Health and Safety Checklist is only completed again in the event that additional safety factors are identified and/or facts change.
If CACD is assigned primary on an investigation and, after interviewing the alleged victim, identifies the need for DCFS to complete a safety assessment, the CACD Investigator will immediately contact DCFS to conduct the Health and Safety Assessment (Safety Planning and Investigation Risk Assessment) as appropriate. DCFS will then be assigned as the secondary investigator on that particular investigation.
If CACD is assigned primary on an investigation and does not identify the need for DCFS to conduct a safety assessment, the CACD Investigator is responsible for completing the Investigation Risk Assessment if the allegation is found true and an in-home or out-of-home case will be opened.
If DCFS is assigned primary on an investigation, DCFS will complete all components of the Health and Safety Assessment as appropriate regardless of whether safety factors are identified. The identification of the presence or absence of safety factors is critical to safety planning.
Safety Planning
Safety Planning is the second component of the Health and Safety Assessment. Safety planning requires specific actions to be taken to ensure a child's safety during the course of an investigation. If a safety factor is identified, there are only two options to implement during the safety planning process:
These two options are described below:
Protection Plan Development and Content
When any safety factors are present, a protection plan must be developed to address each identified safety factor if the child will remain in the home. A protection plan is a written plan developed by DCFS staff in conjunction with the family to address identified safety factors. The actions and any services needed to address safety factors contained in a protection plan will depend on the dynamics of a particular investigation (and/or case) and the family involved. This documentation describing the actual use or consideration of using protecting interventions establishes reasonable efforts to prevent removal of the child from the home.
Regardless of the actions included in a protection plan, protection planning is a process that occurs with the family and may include the family's selected support network. Protection planning and oversight on the part of the Division continues throughout involvement with the family as long as safety factors are present. The plan must be sufficient to manage and control safety factors based on a high degree of confidence that it can be implemented, sustained, and closely monitored by DCFS (see below for more information). The Division will assure that the roles and responsibilities of the protection plan are clearly described to and discussed with the person providing those services.
A protection plan must be developed and receive DCFS supervisory approval prior to DCFS staff leaving the home. The protection plan serves as a written agreement between the Division and the family. As such, a copy of the plan will be provided to the caregiver and to other members participating in the plan prior to the investigator leaving the home.
However, protection plans may not:
unless a dependency-neglect petition is first filed with the court to address identified safety factors and a corresponding court order is obtained to make a change to the current custody arrangements or otherwise limit the right of a parent or legal custodian to have access to his or her child. An alternate method of ensuring child safety must be implemented until the required court order is issued to alter custody or visitation arrangements.
To file a dependency-neglect petition to ensure a child's safety in the home, the FSW will contact OCC immediately (or at the start of the next business day if the safety assessment occurred after hours or on the weekend) to request OCC to file the appropriate petition. It is crucial that the FSW Investigator, with support from his or her supervisor, determines exactly what the Division is requesting the court to order, if applicable, to address the identified dependency-neglect issues (i.e., safety factors).
If the requested court order is issued, the FSW Investigator will then craft a corresponding protection plan that reflects the orders of the court as well as any other actions or information that need to be included in the protection plan to ensure child safety. The FSW Investigator will then thoroughly explain the contents of the protection plan to the caregivers and other individuals who may be a part of the protection plan.
Order of Less Than Custody
An order of less than custody is one action that could potentially be included in a protection plan (once the order is issued), if appropriate. An order of less than custody legally restricts the alleged offender from contact with the child while allowing the child to remain in the home with the non-offending custodian (if the non-offending custodian is already a legal custodian of the child) as part of the protection plan.
In addition to the situation above in which the non-offending custodian is the legal custodian of the child and wants to restrict the alleged offender's access to the child, orders of less than custody may also be applicable to situations in which:
The Division will thoroughly assess for safety factors (to be documented in the Health and Safety Checklist) to ensure that a protection plan is in place for a child before leaving that child in a home where DCFS has petitioned the court for an order of less than custody.
To file a dependency-neglect petition to obtain an order of less than custody, the FSW will contact OCC immediately to request OCC to file the appropriate petition.
Protection Plan Documentation
The Safety Planning screen in CHRIS documents the actions taken to ensure a child's safety during the course of an investigation, if a protection plan is developed, it must be documented in the Safety Planning screen in CHRIS within two business days of the investigation initiation.
If any other actions were taken or services put in place to ensure safety of the child victim or other children in the home, then these activities must also be documented in the Safety Planning screen in CHRIS within two business days.
Protection Plan Monitoring and Assessment
All protection plans will be monitored via an initial face-to-face contact with the family (to include alleged victim(s), alleged offender(s), and any other children in the home) within at least 72 hours and then via a minimum of weekly face-to-face contact for the remaining life of the protection plan.
While the health and safety of the child is always assessed each time the Division comes into contact with the child, per A.C.A. 12-18-1001(d)(2) (AHB), the health and safety of the child and any corresponding protection plan will be formally reassessed within 30 days of the date on which the protection plan was implemented. If after this formal reassessment is performed, the Division determines that a substantial risk of harm to the health and safety of the child remains and that the protection plan must stay in place to ensure the health and safety of the child, then the Division will file a petition for dependency-neglect (however, note that the Division may file a petition for dependency-neglect at any point to if needed to ensure the health and safety of the child) unless the parent, guardian or custodian is not:
If a case connect has already occurred, then the assigned FSW Caseworker and FSW Investigator who implemented the protection plan will collaborate to reassess the protection plan and provide the affidavit and a copy of the CFS-200: Protection Plan to OCC to file any necessary petitions for dependency-neglect at 30 days.
Case Opening, Assessment, and Case Plan as a Result of a Protection Plan Filed with the Court
For a petition filed as the result of a protection plan, a corresponding case plan will be filed with the
court within 30 days per A.C.A. § 9-27-402.
The assigned FSW will continue to monitor the protection plan until it is no longer needed. The assigned FSW will complete the Family Advocacy and Support Tool (FAST) in collaboration with the family, FSW Investigator, and other appropriate stakeholders (see Policy IV-A: Family Assessments for more information regarding the FAST). The FSW Caseworker will also have the primary responsibility of developing the case plan with the family and ensuring the implementation of the case plan (see Policy IV-B: Services Case Plans for more information).
If a reasonable protection plan cannot be developed, then the child must be removed and placed in an approved placement (see below for more information regarding protective custody). Removal must also be documented in the Safety Planning screen in CHRIS within two business days of the act of removal of the child.
If there are risk factors and/or evidence that maltreatment has occurred, but no safety factors are present, then neither a protection plan nor removal of the child is necessary at that point in time. When no safety factors are present, per A.C.A. § 12-18-1009, the parents retain the right to keep the child at home or to place the child outside the home. However, as appropriate, the FSW Investigator may make referrals or provide services during the course of the child maltreatment investigation to address any risk factors. All referrals made and/or services provided during the course of the child maltreatment investigation shall be documented in the Investigation Finding screen in CHRIS.
RIGHTS OF INVESTIGATOR
The investigator has the right to obtain a criminal background check. Including a fingerprint-based check in any national crime database, on any subject of the report. The results of the criminal background check will not be disclosed outside of the Department except as permitted under A.C.A. § 12-18-612.
In accordance with A.C.A. § 12-18-613, on request by the investigating agency, any school, child care center, child care facility, residential facility, residential treatment facility, or similar institution shall provide the investigator with the name, date of birth. Social Security number, and last known address and phone number of any alleged offender if the alleged maltreatment occurred at that school, center, or facility. Any school, child care facility, residential facility, or similar Institution shall also provide the person conducting the Investigation with the name and address of any witness to the alleged child maltreatment If the alleged child maltreatment occurred at that school, center, or facility.
The FSW or CACD Investigator conducting the child maltreatment investigation also has the right to enter Into the home, school, or other place for the purpose of conducting an interview or completing the investigation. The investigator also has the right to request accompaniment by a law enforcement agent while conducting the Investigation. If the investigator is denied access into the home, school, or other place for investigative purposes, then the investigator must prepare an affidavit to submit to OCC in order to request an Order of Investigation. If the investigator is denied access into the home, school, or other place and has reason to believe a child's health or safety are In immediate danger, the investigator will call local law enforcement immediately (If not already accompanied by LLE) in order to help gain access Into the home.
No publicly supported school, facility, or institution may deny access to any person conducting a child maltreatment Investigation. DCFS, CACD, and law enforcement shall be allowed access to the child's public and private school records during the course of the child maltreatment investigation. School district staff shall not provide notification if a request Is made to Interview a student during the course of an investigation of suspected child maltreatment and a parent, guardian, custodian, or person standing in place of a child's parent is named as an alleged offender and the interviewer requests that the school personnel does not make said notification.
Per A.C.A. § 12-18-604, DHS may petition a circuit court to allow an investigator to access the controlled substance database If the investigator demonstrates probable cause that the alleged offender has one or more prescription drugs, and the baby or the alleged offender tested positive for prescription drugs at the time of the birth of the baby.
The investigator will have the discretion, in the child's best Interest, to limit the persons allowed to be present when a child is being interviewed concerning an allegation of child maltreatment. The investigator will determine when a child or any other children residing In the home should be referred to a physician, psychologist, or psychiatrist for a medical or psychological examination. While DCFS staff may conduct drug screens on teenagers when necessary, all children younger than 13 should be referred to a physician or medical facility for drug screening if needed.
DCFS will fully cooperate and participate in multidisclplinary child maltreatment response teams. All information except the name of the reporter may be disclosed to the teams.
INTERPRETER SERVICES
At any point during the course of a child maltreatment Investigation, when the person being interviewed cannot clearly communicate in English, the investigator shall arrange for an interpreter before continuing the interview. The interpreter must be trained and appropriately certified to translate the specific language needed.
If at any point during the course of a child maltreatment investigation, the Investigator cannot determine whether the person being Interviewed can clearly and effectively communicate in English, the interviewer shall end the Interview. The interview shall recommence when a determination is made that the person can or
cannot clearly communicate in English, and when necessary, a translator certified to translate the specific language has been obtained to facilitate clear communication. Family members should never serve as interpreters for an investigator conducting an interview.
If any delay in obtaining investigation or investigative information from having to malce a determination about language and clear communication results in or creates a situation in which the alleged victim child's health or physical well-being will be put in immediate danger, the child will be placed in 72-hour protective custody.
INVESTIGATION COMPLETION TIMEFRAMES AND EXTENSIONS
Regardless of whether the child maltreatment investigation is conducted by DCFS, CACD, or local law
enforcement, the supervisor approved investigative determination shall be made within 45 calendar days.
The Area Director or designee may request an extension of an additional 15 calendar days (for a total investigative timeframe of 60 calendar days) to complete the investigation and make a determination if good cause for the requested extension is shown. Circumstances that meet the definition of good cause, as it pertains to requesting and granting a 15 day extension to make an investigative determination, include but are not limited to:
Documentation supporting the request for the extension must be submitted with the request.
All extension requests must be submitted to and approved by the Assistant Director of Community Services or designee.
INVESTIGATIVE DETERMINATIONS AND RESULTING REFERRALS AND CASE OPENINGS
Within the appropriate timeframes outlined above and utilizing PUB-357: Child Maltreatment Assessment
Protocol, a child maltreatment investigation will be determined to be:
The criteria for each of these determinations are as follows:
Unsubstantiated Determination
A child maltreatment investigation will be determined unsubstantiated in the event that:
True Determination
A child maltreatment investigation will be determined true in the event of:
If a report is determined to be true, the names and conditions of any minor children of the alleged offender, and whether these children have been maltreated, or are at risk of maltreatment, will be determined. If the report is determined to be true, and is a report of sexual intercourse, deviate sexual activity, or sexual contact, an investigation of any other children previously or currently under care of the alleged offender, to the extent practical, and whether these children have been maltreated, or are at risk of maltreatment, will be determined. The worker conducting the investigation shall also seek to ascertain all other relevant data.
If a report is determined to be true and involves any children under the age of three, those children must be referred to the Division of Developmental Disabilities Children's Services for an early intervention screening per the Child Abuse and Prevention Treatment Act (CARTA) if the children were not already referred during the course of the investigation (see Policy ll-l: Early Intervention Referrals and Services and related procedures for more Information).
If a report of sexual abuse is determined to be true and the alleged offender is under the age of 18 at the time the act or omission occurred, the parents or legal guardians of the alleged juvenile or underaged juvenile offender and victim shall be provided with a list of mental health professionals or agencies available to evaluate and treat the alleged juvenile offender or underaged juvenile offender and victim, if necessary. Providing this information does not necessarily require the Division to pay for the mental health evaluation and/or any subsequent mental health treatment or services.
True but Exempt Determination
The following types of cases may be found true but exempt from placement on the Child Maltreatment Central
Registry. The Division may open a protective services case for any investigative determination of true but
exempt.
Garrett's Law Exemptions
A child maltreatment investigation that documents the presence of an illegal substance in either the bodily fluids or bodily substances in the mother or child at the time of birth resulting from the mother knowingly using any illegal substance (i.e., Garrett's Law case) will be found true but exempt and will not be placed on the child maltreatment registry. A protective services case shall be opened to establish a plan of safe care.
If the FSW determines on an individual basis the child's health or physical well-being is in immediate danger, he or she should take the newborn into protective custody. The FSW must also assess any siblings of the newborn or other children under the care of the alleged offender. If it is determined that there is an immediate danger to the siblings' (or any other children under the care of the alleged offender) health or physical well-being, then they must also be brought into emergency 72 hour protective custody.
"Acceptable" reporters include any one of the following mandated reporters, who have reasonable cause to suspect that a newborn has been subjected to an illegal substance before birth or the mother had an illegal substance in her bodily fluids or bodily substances at the time of the birth:
* licensed nurse;
* osteopath;
* physician;
* medical resident or intern;
* surgeon;
» hospital social worker;
* or, any medical personnel who may be engaged in the admission, examination, care or treatment of persons in hospitals or similar medical settings.
During the course of an investigation, or when DCFS has custody, if the mother or newborn has tested positive for the presence of an illegal substance in the bodily fluids or bodily substances, and the mother indicates that she wants to place the newborn for adoption through a private agency or private entity, the Family Service Worker must contact OCC immediately. If the infant is placed with a private adoption agency, then do not open a Protective Services case.
Religious Belief Exemptions
A child maltreatment investigation will be determined to be true but exempt due to religious beliefs exemption in the event that the Family Service Worker determines that the parent's decision to withhold medical treatment was based solely upon a religious belief, choosing instead to furnish the child with prayer and spiritual treatment in accordance with a recognized religious method of healing by an accredited practitioner.
A Family Service Worker will place a child whose health or physical well-being is in immediate danger in a safe environment in DHS custody regardless of the beliefs of the parents. The religious exemption does not preclude the FSW's right and responsibility to take appropriate action, including petitions to the court, to obtain necessary medical services.
Underaged Juvenile Offender Exemptions
A child maltreatment investigation will have an individual finding of true but exempt for underaged juvenile
offenders if there is an overall true finding of sexual abuse by a child under the age of 14 to another child.
Inactive Determination
Per A.C.A. § 12-18-619, a Child Maltreatment Investigation will be determined inactive if at any time before or during the investigation the Department is unable to locate or identify the alleged offender because the alleged child maltreatment occurred:
Failure to complete the investigation within the required 45 days is NOT a reason to place a case on inactive status. The report MUST document why the investigation could not be completed. A case will remain on inactive status for one year, at which time it will be expunged.
INVESTIGATIVE DETERMINATION NOTICES
The Division Children and Family Services Central Office Notifications Unit will issue notices regarding the child maltreatment investigative determination whether true or unsubstantiated to all persons pursuant to A.C.A. § 12-18-703 et seq. The Division will issue notices in such a way as to ensure the rights to due process of the alleged offender and to protect others who may be at risk of harm from the alleged offender (see Policy XIV-A: Notices Regarding Child Maltreatment and related procedures for more information and specific instructions). The Central Office Notifications Unit will also handle all notices related to administrative hearing decisions and placement on the Child Maltreatment Central Registry.
PROCEDURE II-D8: Health & Safety Checklist
1/2019
The FSW Investigator or the (CACD) Investigator (depending on which agency is assigned as primary) wilI:
PROCEDURE II-D9: Safety Planning
1/2019
The FSW investigator will:
Protection Plan to OCC to file a petition for dependency-neglect.
Note: While a protection plan must be developed during the course of an investigation if a safety factor is identified and the child is to be left in the home, protection plans will also be amended as necessary and/or developed after a protective services case is opened if a safety factor is identified.
The FSW Supervisor will:
When a protection plan that has an accompanying dependency-neglect petition filed with the court has been put into place the assigned FSW caseworker will:
POLICY ll-F: TEAM DECISION MAKING
1/2019
The policy and related procedures in this section only apply to those counties in which Team Decision Making has been implemented.
OVERVIEW
Team Decision IVIalcing (TDIVI) provides a facilitated forum for families, community members, and DCFS to collaboratively problem solve and make decisions regarding children's safety and placement using the most information possible. TDM has proven to be an effective intervention in ensuring that all placement decisions are a shared responsibility and in the best interest of children. TDM also assists in establishing a network of support for children and the adults who care for them. As such, the consistent and effective use of Team Decision Making promotes family engagement and helps to maintain safe family relationships that are crucial to minimizing trauma to children.
TEAM DECISION MAKING INITIATION AND REFERRAL
A Team Decision Making (TDM) meeting is held within three business days of the establishment of a protection plan due to a safety factor (see Appendix IX: Arkansas Health and Safety Factors) being identified in the home and always before the case is brought to court. However, a dependency-neglect petition related to a protection plan may be filed with the court when necessary. The protection plan will be filed with the court within 30 days of an Initial protection plan being put in place if a dependency-neglect petition was not previously filed in association with the protection plan, and it Is assessed that a substantial risk of harm to the health and safety of the child remains and that the protection plan must stay in place to ensure the health and safety of the child. TDM meetings referrals are made by the DCFS FSW who put the protection plan in place to the area DCFS Facilitator. If the area DCFS Facilitator is unavailable, the DCFS FSW who put the protection plan in place will contact the DCFS Facilitator Supervisor. The DCFS Facilitator Supervisor will then make a referral to a back-up facilitator who can facilitate the TDM meeting within three business days of the establishment of a protection plan.
A TDM meeting is also held within three business days of receipt of any Garretf s law allegation - regardless of whether the child is left in the home or removed - to the hotline and always before the case is brought to court. However, if a protection plan is put into place at the initiation of an investigation involving a Garrett's Law report, a dependency-neglect petition may be filed with the court in association with that protection plan as necessary. The protection plan will be filed with the court within 30 days of an initial protection plan if a dependency-neglect petition was not previously filed in association with the protection plan, and it is assessed that a substantial risk of harm to the health and safety of the child remains and that the protection plan must stay in place to ensure the health and safety of the child. TDM meeting referrals related to Garrett's Law allegations are made by the primary DCFS FSW investigator to the area DCFS Facilitator. If the area DCFS Facilitator is unavailable, the primary DCFS FSW investigator will contact the DCFS Facilitator Supervisor. The DCFS Facilitator Supervisor will then make a referral to a back-up facilitator who can facilitate the TDM meeting within three business days of an accepted report of a Garrett's Law allegation to the hotline.
The TDM Supervisor may waive the TDM Meeting requirement for extenuating circumstances that render a TDM Meeting unnecessary (e.g., a foster care case is already opened, a hotline referral involving a child death with no siblings or other children under the care of the alleged offender, a Garrett's Law referral in which the biological mother is already working with the Office of Chief Counsel to put the infant up for adoption, etc.).
TEAM DECISION MAKING PREPARATION
All Team Decision Making meetings will be held outside of the DHS county office in an effort to conduct the meetings in a more family-friendly environment. Only the TDM Supervisor may approve for a TDM meeting to be held in the DHS county office for special circumstances such as safety concerns, inclement weather, etc.
Prior to the Team Decision Malting meeting, the FSW and the FSW Supervisor who approved the initial protection plan or the primary FSW investigator Involving a Garretf s Law allegation and that FSW's Supervisor will conference with the Facilitator who will moderate the TDM meeting in order to prepare for the TDM. This conference will allow these Division staff members to review the TDM process as necessary and review information gathered at that point in time regarding the family with particular attention to the identified safety factors and/or other information gathered during the investigation involving a Garrett's Law allegation. During this meeting DCFS staff will assess whether the children involved in the protection plan and/or the children involved in an investigation involving a Garrett's Law allegation should be present at the TDM meeting based on the children's preferences and the children's ability to handle the emotional impact of the meeting.
A safety check-in meeting will also occur per TDM protocols with the biological parent(s) and children who plan to participate in TDM prior to the TDM meeting. The safety check-in is conducted to learn about any safety concerns the parents and/or children may have regarding the meeting proceedings and/or other participants. If safety concerns exist, DCFS will ensure the appropriate precautions are put in place.
TEAM DECISION MAKING PARTICIPANTS
Concerted efforts shall be made by DCFS to engage the biological parents (or other person responsible for care,
as applicable) and support their attendance at the Team Decision Making meeting. Children are also encouraged
to participate in the meeting when deemed appropriate according to their age, developmental status, emotional
condition, and trauma-related needs and responses. The FSW who put the protection plan into place and/or the
primary FSW investigator involving a Garrett's Law allegation and the Facilitator must participate in the TDM
meeting.
The FSW Supervisor who approved the protection plan or the supervisor of the primary FSW investigator involving a Garrett's Law allegation is also required to participate in the TDM meeting. If necessary, the FSW Supervisor may participate by phone with prior approval from the Area Director. If an emergency arises and the FSW Supervisor is unable to participate even by phone, then the Area Director is responsible for ensuring another supervisor, preferably the county supervisor, participate in the TDM meeting in order to better support the FSW. For TDMs involving protection plans, the FSW's direct supervisor (if different from the FSW Supervisor who approved the protection plan) is encouraged, but not required, to attend the TDM meeting. Any other supervisor is welcome to attend the TDM meeting if desired.
The biological parents (or other person responsible for care, as applicable) and children are recognized as the experts regarding their family's needs and strengths. The FSW serves as the representative to speak to the protection plan and/or his/her initial assessment of family functioning for those families involved in an investigation with a Garrett's Law allegation. The Facilitator is a trained process expert with extensive knowledge of agency history, policies, procedures, and best practices. He or she works with everyone present at the TDM meeting to lead that group through solution-focused discussion that provides all participants with opportunities to voice their thoughts, concerns, and suggestions.
With a parent's (or other person responsible for care, as applicable) consent, additional efforts to include relatives, natural support persons, and current service providers will be made. The Division will be mindful about the balance of staff or professionals to family members and their natural supports. The more family-supportive individuals involved in the decision-making process, the more likely the resulting plan will be customized to meet the unique needs of the family. TDM participants may include, but are not limited to:
TEAM DECISION MAKING MEETING GOALS AND PROCESSES
During the Team Decision Malting meeting the group:
For TDM meetings involving protection plans, the original protection plan that the FSW put into place via the CFS-200: Protection Plan will be documented on the Safety Planning Screen of the Health and Safety Assessment. If the protection plan is updated or otherwise enhanced during the course of the TDM meeting, any pieces of the initial protection plan (documented on CFS-200: Protection Plan) that will remain in the updated version must also be documented on CFS-355: Team Decision Maldng Meeting Summary Report. In addition, any new information or requirements to which the team agrees during the TDM meeting will also be included on the CFS-355: Team Decision Malting Meeting Summary Report. The information and requirements outlined in the TDM Action Plan that all participants agree to by signing the CFS-355 replaces the original protection plan for the family.
For TDM meetings involving allegations of Garrett's Law for which no protection plan was put into place during the investigation, the CFS-355: Team Decision Malting Meeting Summary Report signed by all participants will serve as the TDM Action Plan for that family. As per the CFS-355, each person's signature on that form means that he or she understands and agrees to the actions steps outlined on the CFS-355.
Privacy and respect are valued and practiced during TDM meetings. However, information from the meeting may be used, as applicable, for future case planning, in subsequent court proceedings, and/or in the investigation of any new allegations of abuse or neglect.
The Division maintains the legal responsibility to malte decisions regarding children's placement and safety at all times. If the entire group involved in the TDM meeting cannot reach consensus, the Facilitator must at least ensure the Division staff involved in the TDM meeting reach consensus.
TEAM DECISION MAKING REVIEW PROCESS
A review process is available if Division staff members believe the decision puts the child at serious risk of harm or violates law or policy. A Division staff member who requests a review process must notify the group of his/her intent to seek review before the Team Decision Making meeting adjourns. The TDM Review will be conducted immediately by either a DCFS County Supervisor or the Area Director, as appropriate, prior to participants leaving. The TDM Review may be conducted in-person or by phone conference. The final decision is made by the TDM Reviewer after hearing summaries of the meeting and reason for review. Division personnel are responsible to implement the final decision and demonstrate full support.
TEAM DECISION MAKING FOLLOW-UP
Following all Team Decision Making meetings, the FSW, FSW Supervisor who approved the protection plan or supervisor of the primary FSW investigator involving a Garrett's Law allegation, and Facilitator u/ill meet or conference call within 24 hours to debrief the TDM meeting. The debriefing meeting serves as a learning tool for Division staff by allowing them to give each other feedback regarding their interactions in the meeting specific to processes and roles. The debriefing meeting is not a time to revisit the content of the discussion or reconsider the decision made during the TDM meeting.
The DCFS Facilitator will enter all required TDM data elements into CHRIS within three business days of the TDM meeting. If a back-up Facilitator participated in the meeting, that back-up Facilitator must provide all data elements to the DCFS Facilitator within three business days. The DCFS Facilitator will enter the TDM data elements into CHRIS within three business days of receipt of the data elements from the back-up Facilitator.
The FSW who put the protection plan into place will continue to be responsible for monitoring the protection plan and any other elements necessary, as determined during the TDM meeting, throughout the completion of the investigation.
For Garrett's Law referrals involving two counties (e.g., parents reside in one county but give birth to the infant in a neighboring county), the secondary FSW investigator who initiates the investigation will also interview any other collaterals available at the time of initiation in the county where the infant was born (if applicable) based on when infant was discharged from the hospital and when the hotline report is accepted.
The primary FSW investigator in the county where the family resides will conduct a home visit before the TDM meeting takes place, if possible. However, the primary FSW investigator must conduct a home visit prior to the infant's discharge from hospital (if applicable depending on when hotline report was made). If the home visit is conducted before the TDM meeting occurs and prior to the infant's discharge from the hospital, then that home visit will meet the requirement for both. The primary FSW investigator will also interview all other necessary collaterals who were not interviewed during the investigation initiation.
The primary and secondary investigators must share all information regarding the investigation prior to the TDM meeting. The secondary investigator is not required to attend the TDM meeting but is encouraged to do so. The primary investigator must attend the TDM meeting.
If a protective services or foster care case is subsequently opened, the FSW who initially put the protection plan into place and participated in the TDM meeting will communicate all information regarding the plan and TDM meeting to the appropriate FSW caseworker. The newly assigned FSW caseworker will then have the primary responsibility of monitoring the protection plan, any other associated elements, and case plan (i.e., the case plan is separate from the protection plan).
A
Procedure ll-Fl: Team Decision Making Initiation and Referral
1/2019
After establishing a protection plan and/or initiating an investigation involving a Garrett's Law allegation (regardless of whether the child is left in the home or removed), the FSW will:
The FSW Supervisor who approved the protection plan and/or the supervisor of the primary FSW investigator involving a Garrett's Law allegation will: Conference with FSW as needed.
The Facilitator will:
Work with FSW to confirm exact date, time, and location of meeting.
The Facilitator Supervisor will:
Procedure II-F5: Team Decision IVIal(ing Follow-Up
1/2019
The FSW will:
The FSW Supervisor who approved the protection plan or the supervisor of the primary FSW investigator involving a Garrett's Law allegation will:
Meet or conference call with the FSW and facilitator within 24 hours of the conclusion of the TDM meeting and as needed.
The DCFS Facilitator will:
The back-up facilitator (if applicable) will:
Provide the TDM data elements to the area DCFS Facilitator within three business days of the conclusion of the
TDM meeting.
The Facilitator Supervisor will:
Conference with the DCFS facilitator as needed.
POLICY Vll-K: Child Maltreatment Allegations Concerning Out-of-Home Placements
1/2019
OVERVIEW
All child maltreatment allegations concerning any person in a foster home will be investigated in accordance with the Child Maltreatment Act § 12-18-602. As with all children whose interest becomes the concern of DCFS, the safety and welfare of ail children in foster care will be paramount.
If there is an allegation of sexual abuse perpetrated by a child in foster care, a public defender will be assigned to the child.
If any child in foster care is the subject (alleged offender or alleged victim) of an allegation of child maltreatment, the Child Abuse Hotline will notify the appropriate DCFS and CACD Executive Staff as well as the Area Director for the DCFS service area in which the foster home named in the report is located. The DCFS Area Director will then ensure that the appropriate Division staff notify the child(ren)'s family, the primary and secondary Family Service Worker (FSW) for the child, as applicable, the Office of Chief Council (OCC) attorney, the child(ren)'s CASA, if applicable, and the child(ren)'s attorney ad litem. The attorneys ad litem for any other children placed in the home will be notified as well.
The Arkansas State Police Crimes Against Children Division (CACD) will conduct all child maltreatment investigations (Priority I and II) involving a foster parent or household member of a foster home excluding reports that meet Differential Response criteria involving a child in foster care that allegedly occurred prior to the child entering foster care.
However, when any household member of a foster home (to include foster parents, biological and adopted children of the foster parents, and children in foster care placed in the home) is the subject of a child maltreatment allegation, DCFS staff will also conduct an individualized evaluation to assess the safety of the child (ren) within 24 hours of the receipt of the report to determine if the child (ren) can safely remain in the home during the course of the investigation. DCFS staff will try to coordinate this visit to the home to assess safety with CACD staff.
If any of the 14 Arkansas Health and Safety Factors are identified in the foster home in consultation with a DCFS supervisor, the children will be moved into another approved placement. However, if no Health and Safety Factors are identified, and if it can be shown that it is in the best interest of any or all of the children currently placed in that foster home, a corrective action plan may be considered to allow any or all of the children in foster care to remain safely in a home involved in a child maltreatment report. A corrective action plan is designed to ensure the safety and well-being of the children in the home as long as the concern was not directly related to an act or omission rising to the level of maltreatment on the part of the foster parent(s) (e.g., a biological child of the foster parent posed a risk, but not the foster parents themselves). All relevant information will be reviewed to make a decision regarding the implementation of a corrective action plan for the foster home. This would include, but is not limited to:
The Assistant Director of Community Services or designee must approve all corrective action plans for foster homes prior to the DCFS staff leaving the home in which the corrective action plan will be implemented. If the
safety and welfare standards of the Division cannot be met and the children cannot safely remain in the home, the children in care will be moved to another approved placement.
If after the initial safety evaluation conducted by DCFS staff it is determined that there are no risk or safety factors present and, as such, a corrective action plan is not required while the investigation is being completed, the Area Director may approve leaving the children in the home if it is in the best interest of the children. The Area Director will notify the Assistant Director of Community Services or designee when children are left in a foster home with a pending investigation but for which a corrective action plan was not necessary.
While any foster home is being investigated because of a child maltreatment allegation, no additional children in foster care may be placed there (regardless of whether a corrective action plan was required or not). As such, the foster home will be placed on unavailable status in CHRIS.
ACTIONS FOR UNSUBSTANTIATED MALTREATMENT REPORTS INVOLVING A CHILD IN FOSTER CARE If the child maltreatment report is unsubstantiated, consideration will be given to:
All unsubstantiated reports involving foster homes must be reviewed by the Resource Family Review Committee to discuss lifting the corrective action plan, the placement of the child (ren) involved, and the availability of the foster home. Even if a child maltreatment report involving a foster home is unsubstantiated, the Division retains the right to continue to leave the home on unavailable status or to close the foster home, as appropriate. Decisions will be made on a case by case basis and will be based on the best interest of the child (ren).
The Resource Family Review Committee meets bi-weekly but additional meetings may be called on an as needed basis.
ACTIONS FOR TRUE MALTREATMENT REPORTS INVOLVING A CHILD IN FOSTER CARE PENDING DUE PROCESS If the child maltreatment report is determined to be true, the corrective action plan for the foster home, if applicable, as well as the overall health and safety of the children will be reevaluated immediately but no later than 24 hours from the time the investigative determination is made if the child (ren) had remained in the home during the course of the investigation and will continue to remain in the home until due process has been met.
If the child (ren) were allowed to remain in the home during the course of the investigation (with or without a corrective action plan) and must then be removed from the foster home based upon the true determination while due process is pending, all appropriate parties and stakeholders will be notified of the placement change as outlined in Policy Vll-L: Changes in Out-of-Home Placement and related procedures.
Regardless of whether the child(ren) remain in the home with or without a corrective action plan in place or are removed from the home, the foster home will remain on unavailable status until due process has been satisfied and the home's availability status is reassessed at that point in time by local staff. Local staff will submit a recommendation regarding the foster home's availability status to the Resource Family Review Committee.
A staffing, to include the appropriate DCFS Area Director(s) or designee(s), will be held within three business days of the true determination so that all parties to the case and any other appropriate stakeholders may have input regarding the corrective action plan, if applicable, and/or the placement of the child(ren). The Area Director(s) or designee(s) may participate by phone.
If the child (ren) will be left in a home with a true determination while due process is pending the DCFS Assistant Director of Community Services or designee will be notified. The DCFS Assistant Director of Community Services
or designee will notify the DCFS Director of the decision. The DCFS Assistant Director of Community Services or designee will inform local staff if any changes to the corrective action plan, if applicable, and/or placement of the child (ren) are needed.
ACTIONS FOR TRUE MALTREATMENT REPORTS INVOLVING A CHILD IN FOSTER CARE UPON SATISFACTION OF DUE PROCESS
If the foster home is still open and the child(ren) still remains in the home, then upon satisfaction of due process, regardless of the result of the administrative hearing (if applicable), the safety and well-being of each child who is in the home will be reassessed at a staffing. This staffing will include the appropriate DCFS Area Director(s) or designee(s), held within three business days of the administrative hearing. The Area Director(s) may participate by phone.
This staffing will allow all parties to the case and any other appropriate stakeholders to have input regarding the reassessment and the placement of the child (ren), as applicable. Decisions will be made on a case by case basis and will ensure the best interest of the child (ren). The recommendation(s) from this staffing will be submitted to the Assistant Director of Community Services for final approval. The DCFS Assistant Director of Community Services will then notify the DCFS Director.
If it can be shown that it is in the best interest of any child to remain in the home, an alternative compliance or policy waiver may be requested if needed (due to a true finding that is upheld) to allow the foster home to remain open to care for the child(ren). The DCFS Director or designee must approve any alternative compliance or policy waiver needed to allow a foster home to remain open when a true finding is upheld.
For any foster home that has a true finding upheld at the administrative hearing, that home will remain on unavailable status if the child(ren) involved in the report is/are allowed to remain in the home because it is in the child(ren)'s best interest to do so. The foster home will then be closed once the child(ren) who was/were allowed to stay in the home due to it being in the child(ren)'s best interest, exits foster care or otherwise achieves permanency.
For foster homes that remain open following a true determination that the foster family either chose not to appeal or had a true determination overturned, that foster home will be reevaluated by the FSW Resource Worker with input from the FSW Caseworker, FSW Casework Supervisor, Resource Worker Supervisor, and County Supervisor. The reevaluation will also determine what may be necessary (e.g., additional training, revisions to the characteristics of children allowed to be placed in the home, etc.) to ensure the health and safety of any and all children placed in the home.
Based on the results of the reevaluation, if the recommendation is to place the foster home back on available status, that request will be submitted to the Resource Family Review Committee. The recommendation will also include what may be necessary (e.g., additional training, revisions to the characteristics of children allowed to be placed in the home, etc.) to ensure the health and safety of any and all children placed in the home.
The Division retains the right to continue to leave the foster home on unavailable status or to close the foster home, as appropriate.
If the foster home had been closed at some point during the process and requests to re-open due to a determination being overturned on appeal, the FSW Resource Worker will collaborate with other applicable local staff to determine if local staff members think it is an appropriate request for the home to be re-opened. If local staff decide to pursue re-opening a foster home, a request will be submitted to the Resource Family Review Committee.
After the completion of an investigation (once due process is satisfied) involving a foster home in which a child in foster care is the alleged victim or the alleged offender, the child's Child and Adolescent Needs and Strengths (CANS) assessment will be updated.
PROCEDURE Vll-Kl: Initial Report Response
01/2019
When any initial report of child maltreatment is made and concerns any person in a foster home, the CACD investigator will begin an investigation within 24 hours for Priority I allegations or within 72 hours for Priority II allegations.
The assigned DCFS staff will then:
The Area Director or designee will:
The FSW Supervisor will:
The Resource Worker will:
The Assistant Director of Community Services or designee will:
PROCEDURE VII-K2: Response to Unsubstantiated Finding
1/2019
If the child maltreatment allegation is unsubstantiated, the FSW Resource Worker will:
The Resource Worker Supervisor will:
The FSW Investigator will:
The FSW Caseworker for the child (ren) will:
The FSW Supervisor(s) will:
The Area Director or designee will:
The Resource Family Review Committee will:
PROCEDURE VII-K3 Response to True Finding Pending Due Process
1/2019
If the child maltreatment allegation is determined to be true, the FSW Caseworker will:
The FSW Supervisor will:
The FSW Resource Worker will:
The FSW Investigator will:
The Area Director or designee will:
The Assistant Director of Community Services or designee will:
Notify the DCFS Director if the child (ren) will remain in a foster home with a true finding while due process is pending.
PROCEDURE VII-K4: Response to True Finding Overturned on Administrative Appeal When the Foster Home is Still Open
1/2019
The FSW Caseworker will:
The FSW Supervisor will:
The Area Director or designee will:
The Resource Worker will:
The Resource Worker Supervisor will:
Conference with the FSW, FSW Supervisor, and Resource Worker regarding the recommendation as to whether the foster home will be left on unavailable status or returned to available status and if any other actions are required.
The Assistant Director of Community Services will:
Notify the DCFS Director or designee of the decision regarding placement of the children and availability status of the foster home.
The Resource Family Review Committee will:
PROCEDURE VII-K5: Response to True Finding Overturned on Administrative Appeal When the Foster Home has Previously Been Closed
1/2019
If the foster home has been closed and requests DCFS to re-open the home, the FSW Resource Worker wilt:
The Resource Worker Supervisor will:
The FSW Investigator will:
Participate in the staffing in person or via phone to determine on a case by case basis if the local staff believe it is appropriate to pursue re-opening the foster home.
The FSW Caseworker will:
Participate in the staffing in person or via phone to determine on a case by case basis if the local staff believe it is appropriate to pursue re-opening the foster home.
The Area Director or designee will:
Participate in the staffing in person or via phone to determine on a case by case basis if the local staff believe it is appropriate to pursue re-opening the foster home.
The Resource Family Review Committee will:
PROCEDURE VII-K6: Response to True Finding Upheld on Administrative Appeal
11/2019
If the true finding is upheld by the administrative hearing, the foster home may remain open for any of the children currently placed in the home if it can be shown that it is in the best interest of the child (ren) to remain in the home. This will be done on an individual basis for each child.
The FSW will:
The FSW Supervisor will:
The Area Director or designee will:
The Resource Worker will:
The Resource Worker Supervisor will:
The Assistant Director of Community Services will:
Notify the DCFS Director or designee of the decision regarding placement of the children and availability status of the foster home.
The Division Director or designee will:
The Placement and Residential Licensing Unit (PRLU) Manager or designee will:
016.15.18 Ark. Code R. § 002