Title: Importance of Dialogue Between the Court and the Cabinet
1Mandatory 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)
2Federal 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.
3In 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
4The 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.
5Mandated 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
6Mandatory 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.
7REPORTING 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.
8Failure 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.
9Reporting
- Central Intake
- 1-606-330-2192
- (If you call our local Social Services at
287-7114 they can connect you to Central Intake)
10Making 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
11What 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
12ACCEPTANCE 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.
13Overview 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.
14NEGLECT
- 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
15What 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.
16Will 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
17Initiation 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.
19How 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
20Are 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
21Possible Investigative Outcomes
- FINSA
- Services Not Needed
- Services Needed
- Investigation
- Unsubstantiated (no abuse or neglect found)
- Substantiated (abuse or neglect found)
22ONGOING
- 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)
24Information
- 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
25Reporting
- Central Intake
- 1-606-330-2192
- (If you call our local Social Services at
287-7114 they can connect you to Central Intake)
26If you have any questions please contact
Kimberley Collett at 287-7114