Importance of Dialogue Between the Court and the Cabinet - PowerPoint PPT Presentation

About This Presentation
Title:

Importance of Dialogue Between the Court and the Cabinet

Description:

Title: Importance of Dialogue Between the Court and the Cabinet Author: James.Grace Last modified by: Moore, Betty Created Date: 6/5/2006 4:19:26 PM – PowerPoint PPT presentation

Number of Views:143
Avg rating:3.0/5.0
Slides: 27
Provided by: Jame3578
Learn more at: http://images.pcmac.org
Category:

less

Transcript and Presenter's Notes

Title: Importance of Dialogue Between the Court and the Cabinet


1
Mandatory Reporting
Created by the Cabinet for Health and Family
Services, Division of Protection and
Permanency (slides 9 25 added and slide 26
edited by Betty Moore, Jackson Co. Schools)
2
Federal Law
  • Child Abuse Prevention and Treatment Act of
    1974(CAPTA), Public Law 108-36
  • Authorizes federal funding for states to carry
    out child protective services functions.
  • Imposes requirements for investigative procedure,
    cooperation between agencies engaged in child
    protective services activities, training for
    child protective services personnel, and service
    provision.

3
In Kentucky
  • Child protective services activities are carried
    out by the Cabinet for Health and Family Services
    in cooperation with a multitude of other state
    agencies and agencies that are external to state
    government including law enforcement, the
    courts and their subcomponents, community mental
    health services, the private child care
    community.
  • Child protective services activities are governed
    by the Unified Juvenile Code (KRS 600.000 through
    645.000) and Kentucky Administrative Regulations
    (Title 922 Protection and Permanency).
  • http//www.lrc.state.ky.us/statrev/frontpg.htm

4
The Disclosure
A disclosure is a statement from the alleged
victim or other individual regarding an
occurrence of maltreatment. If you are hear a
disclosure, witness an incident of maltreatment,
or if you receive the information second-hand at
that moment, you become obligated under state law
to make a report. Make the report. Do not
interview the child or initiate any kind of
investigation 620.040 Duties of prosecutor,
police, and cabinet -- Prohibition as to school
personnel -- Multidisciplinary teams (4) School
personnel or other persons listed in KRS
620.030(2) do not have the authority to conduct
internal investigations in lieu of the official
investigations outlined in this section.
5
Mandated Reporters
  • KRS 620.030 (2)
  • Any person, including, but not limited to a
    physician, osteopathic physician, nurse, teacher,
    school personnel, social worker, coroner, medical
    examiner, child caring personnel, resident,
    intern, chiropractor, dentist, optometrist, EMT,
    paramedic, health professional, mental health
    professional, peace officer or any organization
    or agency for any of the above who knows or has
    reasonable cause to believe that a child is
    dependent, neglected or abused..
  • Excepted are client/attorney and clergy/penitent
    relationships

6
Mandatory Reporting
  • KRS 620.030 (1) Duty to report dependency,
    neglect, or abuse
  • Any Person who knows or who has reasonable cause
    to believe that a child is dependent,
    neglected, or abused shall immediately cause an
    oral or written report to be made to local law
    enforcement agency, or the Kentucky State Police
    the Cabinet or its designated representative the
    commonwealths attorney or the county attorney
    by telephone or otherwise.

7
REPORTING SOURCES ARE PROTECTED UNDER THE LAW
  • KRS 620.050 (1) Good Faith Immunity
  • Anyone acting upon reasonable cause in the making
    of a report or acting under KRS 620.030 to
    620.050 in good faith shall have immunity from
    any liability, civil or criminal, that might
    otherwise be incurred or imposed. Any such
    participant shall have the same immunity with
    respect to participation in any judicial
    proceeding resulting from such report or action.
    However, any person who knowingly makes a false
    report and does so with malice shall be guilty of
    a Class A misdemeanor.
  • KRS 620.050 (11) Confidentiality
  • Identifying information concerning the individual
    initiating the report under KRS 620.030 shall not
    be disclosed except to law enforcement officials
    that have a legitimate interest in the case to
    the agency designated by the cabinet to
    investigate or assess the report to members of
    multidisciplinary teams as defined by KRS 620.020
    that operated under KRS 431.600 or under a court
    order, after the court has conducted an in camera
    review of the record of the state related to the
    report and has found reasonable cause to believe
    that the reporter knowingly made a false report.

8
Failure to Report
  • KRS 620.030 (5)
  • Any person who intentionally violates the
    provisions of this section shall be guilty of a
  • Class B misdemeanor for the first offense
  • Class A misdemeanor for the second offense and
  • Class D felony for each subsequent offense.

9
Reporting
  • Central Intake
  • 1-606-330-2192
  • (If you call our local Social Services at
    287-7114 they can connect you to Central Intake)

10
Making the Report
  • I know that you believe you understand what you
    think I said, but I'm not sure you realize that
    what you heard is not what I meant.
  • Robert McCloskey
  • REPORT ONLY WHAT YOU HEAR OR SEE
  • Try not to interpret or paraphrase the childs
    statement
  • Provide objective information

11
What Will DCBS ask?
  • Identity of the report source and their
    relationship to the child or situation
  • Specific information as to the nature and extent
    of the abuse, neglect, or dependency
  • Current location of the child
  • Condition of the child
  • Knowledge of previous child abuse or neglect
  • Any immediate safety issues for the child or
    investigator
  • Perpetrator information--including name,
    relationship to the child, and whereabouts

12
ACCEPTANCE CRITERIA
  • The Cabinet may accept a report for investigation
    OR they may not.
  • Acceptance criteria incorporated into the DCBS
    written Standards of Practice, and they are
    based on the statutory definition of abuse,
    neglect, or dependency.
  • The Cabinet does not have the statutory authority
    to investigation allegations that not related to
    identifiable safety issues. Anything that is
    not a safety issue is a value judgment.

13
Overview of Acceptance Criteria
  • Physical Abuse Non-accidental physical injury
  • Sexual abuse or exploitation
  • Neglect Failure to provide essential
    protection, care, supervision, food, clothing,
    shelter, education or medical care necessary for
    the child's well-beingconsidering the childs
    age.
  • Dependency Through no fault of the parent, the
    child is without essential protection, care, etc.

14
NEGLECT
  • Supervisional the age of the child
    (chronological and developmental), length of time
    the child is unsupervised maturity of the child,
    availability of other adults/resources to the
    child, and safety hazards present in the home or
    neighborhood.
  • Environmental A serious health and safety
    hazard is present (including hazardous materials
    or chemicals, raw sewage, excrement, exposed
    wires, insufficient shelter, living in cars,
    clutter that creates a fire/safety hazard,
    infestations of insects, vermin or rodents
  • Medical A child has not received a medical
    assessment or treatment for an injury, illness,
    condition or disability and If left untreated,
    the injury, illness, condition or disability may
    interfere with normal functioning and worsen
    without treatment become life-threatening
    result in permanent impairment
  • Risk of Harm Incapacitation due to alcohol or
    other drug abuse repeated exposure to domestic
    violence, exposure to a sexual offender

15
What does not meet criteria?
  • The SSW does not accept reports when the
    situation does not meet the definition of abuse,
    neglect or dependency, including
  • The reporting source has generalized feelings of
    concern regarding the welfare of the child, but
    does not give specific allegations that would
    indicate child abuse, neglect, or dependency or
  • The report relates to custody changes, custody
    issues, or lifestyle issues without allegations
    of abuse, neglect or dependency.
  • The report concerns child abuse inflicted by a
    person who is not in a caretaking role. (These
    reports are forwarded to local law enforcement
    agency or the Kentucky State Police, as well as
    the Commonwealths Attorney or County Attorney.)
  • The report alleges corporal punishment
    appropriate to the age of the child, without
    injury, mark, bruise, or substantial risk of
    harm.

16
Will I Know if the Report was Accepted for
Investigation?
  • State law prohibits the Cabinet for Health and
    Family Services from disclosing any confidential
    information about a case to anyone except as
    prescribed by statute
  • Custodial parents, alleged perpetrators, court
    personnel, law enforcement, and specific
    professional providers (including school
    personnel) with a legitimate interest in the
    case.
  • KRS 620.050
  • Note Centralized Intake Protocol

17
Initiation of an Investigation(established by
922 KAR 1330)
  • Imminent risk 1 hour
  • Physical abuse (non-imminent) 24 hours
  • Low Risk 48 hours

18
  • KRS 620.030 (3)
  • The cabinet upon request shall receive from any
    agency of the state or any other agency,
    institution or facility providing services to the
    child or his family, such cooperation, assistance
    and information as will enable the cabinet to
    fulfill its responsibilities under KRS 620.030,
    620.040, and 620.050.

19
How long does an investigation take?
  • 30 working days
  • Worker can request extension from FSOS when
    there are legitimate delays in completing the
    investigation
  • delays related law enforcement
  • placement of child
  • obtaining external documentation or reports
    (medical examination, forensic assessments,
    autopsies, psychological assessments, etc.)
  • Courtesy interviews from outside the county,
    region, or state
  • Inability to locate the family

20
Are the children removed?
  • If the child(ren) is at immediate risk, with a
    court order
  • Petition is filed for emergency custody
  • If Judge orders emergency custody, child is
    placed in foster care or with an approved
    relative
  • A Temporary Removal Hearing is held within 72
    hours of the Emergency Custody Order.
  • Law Enforcement can remove a child for 12 hours
    without a court order
  • Physicians and hospital administrators can place
    a child on a 72 hour hold without a court order

21
Possible Investigative Outcomes
  • FINSA
  • Services Not Needed
  • Services Needed
  • Investigation
  • Unsubstantiated (no abuse or neglect found)
  • Substantiated (abuse or neglect found)

22
ONGOING
  • If the Investigation is substantiated the case
    may move from investigation to ongoing.
  • Shift from investigative role to assisting to
    assisting families in parenting children safely
    and effectively
  • Case transferred to another worker
  • Reasonable Efforts (a case plan will be
    completed outlining services to match any needs
    identified in the investigation/assessment)
  • Family Team Meetings
  • Possible court involvement

23
(No Transcript)
24
Information
  • The Blue Book Reporting Child Abuse, Neglect,
    and Dependency is available at www.chfs.ky.gov/dcb
    s/dpp
  • The Office of the Ombudsman
  • 1-800-372-2973
  • Kentucky Child Abuse Hotline
  • 1-877-KYSAFE1 or 1-877-597-2331

25
Reporting
  • Central Intake
  • 1-606-330-2192
  • (If you call our local Social Services at
    287-7114 they can connect you to Central Intake)

26
If you have any questions please contact
Kimberley Collett at 287-7114
Write a Comment
User Comments (0)
About PowerShow.com