An Overview of the Investigation Process for Caregivers DLR/CPS Allegations: An Overview of the Investigation Process for Caregivers

Training Competency CCW201-03 Understands the need to develop plans and procedures to avoid DLR/CPS involvement; knows how to identify and seek services and supports available in the event of a CPS allegation.

Who is DLR/CPS? DLR/CPS is the Division of Licensed Resources/Child Protective Services DLR was created by Governor Lowry’s Executive order in 1996. DLR/CPS vs. DCFS CPS DLR/CPS has a responsibility to ensure: Children who are placed in state licensed, operated or regulated facilities are safe from child abuse and neglect High quality care is provided to children placed in State licensed, operated, or regulated facilities HANDOUT - DLR Factsheet 2012-11 (DSHS Form 22-1447) Hand out the DLR factsheet at the beginning of class and let participants know you will refer to it throughout the training. Many of the headings are similar to sections of this training.

DLR/CPS Goals To ensure the immediate safety of alleged child victims in out of home care. To investigate allegations and make determinations regarding CA/N as defined in RCW 26.44 and WAC 388-15 To assess whether the alleged child victim(s), or other children in the facility under investigation, have been abused or neglected in ways that have not been alleged.

DLR/CPS Goals Cont….. To identify risk factors within the facility which create a substantial risk of future harm to children. To ensure consistent and equitable treatment of providers during the investigation of abuse and neglect.

Who CAN Call CPS? Neighbors Child care providers Child’s parents and/or legal guardian Teachers ANYONE!!!!!

Who MUST Call CPS Mandated Reporters Licensed or Certified Caregivers i.e. day care providers, child care center staff State Operated Facility Staff All DSHS staff including child’s social worker Teachers Doctors, Nurses, Counselors Pharmacists Law Enforcement officers Foster Parents Other licensed providers or their employees.

Mandated Reporting Laws RCW 26.44.030 describes reporting requirements for mandated reporters. Mandated reporters must make reports at the earliest possible time and in no instance later than 48 hours from the time the person has reasonable cause to believe that the child has suffered abuse or neglect.

Mandated Reporting Laws WAC 388-148-1420 What incidents involving children must I report? You must report the following immediately and in no instance later than forty-eight hours to your local children’s administration intake staff and the child’s DSHS worker or CPA case manager and/or child’s tribal ICW case manager: Death, serious illness or injury, or psychiatric care that requires medical treatment or hospitalization of a child in care; Any time you suspect or a child discloses physical or sexual abuse, neglect, or exploitation of a child as required under RCW 26.44 Sexual contact between two or more children that that is not considered typical play between preschool age children; Any child’s suicide attempt that results in injury requiring medical treatment or hospitalization Any use of physical restraint that is alleged to have been improperly applied or excessive Physical assault between two or more children that results in injury requiring off site medical attention or hospitalization; Physical assault of a foster parent, employee, volunteer or others by children in care requiring off-site medical attention or hospitalization Any medication that is given or consumed incorrectly and requires off-site medical attention Serious property damage that is a safety hazard and is not immediately corrected or may affect the health and safety of children.

Mandated Reporting Laws Cont…. WAC 388-148-1420 What incidents involving children must I report? You must report the following incidents related to a child in care as soon as possible or in no instance later than forty-eight hours to the child’s DSHS worker: Suicidal/homicidal thoughts, gestures, or attempts that do not require professional medical treatment; Unexpected health problems outside the usual range of reactions cause by medications, that do not require professional medical attention; Any incident of medication incorrectly administered or consumed; Physical assault between two or more children that results in injury but did not require professional medical treatment Physical assault of a foster parent, employee, volunteer or others by children that results in injury but did not require professional medical treatment; Drug and/or alcohol use by a foster child; Any inappropriate sexual behavior by or toward a foster child; or Use of prohibited physical restraints for behavior management There are other reporting requirements regarding missing children (see WAC 388-148-1425) and changes in regards to your home or persons in the home (see WAC 388-148-1430)

Mandatory Reporting Laws RCW 26.44.080 Violation — Penalty. Every person who is required to make, or to cause to be made, a report pursuant to RCW 26.44.030 and 26.44.040, and who knowingly fails to make, or fails to cause to be made, such report, shall be guilty of a gross misdemeanor. CPS Hotline 1-866-END-HARM (after hours 1-800-562-5624)

DLR/CPS vs. Licensing Complaints DLR/CPS commonly investigates allegations of: Physical Abuse, Sexual Abuse, Negligent Treatment or Maltreatment, Medical Neglect, Emotional Abuse, Supervision Related to Neglect, and Death of Any Child in Licensed Care. Licensing Staff* commonly investigates allegations of: Overcapacity, Inadequate programming, Nurture/Care, Health and Sanitation, Discipline, Reports/Record Keeping, and Supervision. *Note: For OFCL Foster homes – the facility investigators investigate both licensing and DLR/CPS referrals.

What is Child Abuse or Neglect? RCW 26.44 - Physical abuse means the non-accidental infliction of physical injury or physical mistreatment on a child. Physical abuse includes, but is not limited to, such actions as:      (a) Throwing, kicking, burning, or cutting a child;      (b) Striking a child with a closed fist;      (c) Shaking a child under age three;      (d) Interfering with a child's breathing;      (e) Threatening a child with a deadly weapon;      (f) Doing any other act that is likely to cause and which does cause bodily harm greater than transient pain or minor temporary marks or which is injurious to the child's health, welfare and safety. Physical discipline of a child, including the reasonable use of corporal punishment, is not considered abuse when it is reasonable and moderate and is inflicted by a parent or guardian for the purposes of restraining or correcting the child. The age, size, and condition of the child, and the location of any inflicted injury shall be considered in determining whether the bodily harm is reasonable or moderate.

What is Child Abuse or Neglect? Sexual abuse means committing or allowing to be committed any sexual offense against a child as defined in the criminal code. The intentional touching, either directly or through the clothing, of the sexual or other intimate parts of a child or allowing, permitting, compelling, encouraging, aiding, or otherwise causing a child to engage in touching the sexual or other intimate parts of another for the purpose of gratifying the sexual desire of the person touching the child, the child, or a third party. A parent or guardian of a child, a person authorized by the parent or guardian to provide childcare for the child, or a person providing medically recognized services for the child, may touch a child in the sexual or other intimate parts for the purposes of providing hygiene, child care, and medical treatment or diagnosis.

What is Child Abuse or Neglect? Negligent Treatment or Maltreatment includes: “An act or failure to act or the cumulative effects of a pattern of conduct, behavior, or inaction, that evidences a serious disregard of consequences of such magnitude as to constitute a clear and present danger to a child’s health, welfare, or safety.”

Negligent Treatment or Maltreatment When considering whether a clear and present danger exists, evidence of a parent’s substance abuse as a contributing factor to negligent treatment or maltreatment shall be given great weight. A child does not have to suffer actual damage or physical, emotional harm to be in circumstances which create a clear and present danger to the child’s health, welfare, and safety. 70-75% of DLR/CPS referrals are Negligent Treatment or Maltreatment i.e. supervision regarding inappropriate sexual contact between two children, medical neglect, violation of safety and supervision plan.

Investigative Process Referral is received by Children’s Administration Intake Risk Tag: Emergent, Non-Emergent, or Risk Only Emergent Response (24 hours) vs. Non Emergent Response (72 hours) DLR/CPS Supervisor reviews and assigns to an Investigator DLR/CPS Investigator begins the investigative process

Investigative Process Investigator will make contact with or interview: Referent State Licensor Child’s Social Worker Law Enforcement if the referral suggests that a crime may have been committed Legal parent/guardian Alleged child victim(s) and collateral witnesses

Investigative Process Cont….. Review history in FamLink (computer) Obtain professional consultation as needed Coordinate with internal and external staff Review incident report(s), internal records, and medical records Interview anyone who may have knowledge Interview Alleged Subject Olive Crest 425 462-1612 FIRST (Foster Intervention Retention Support Team) Foster Parent Liaison

Investigative Process Cont….. Pre-finding Staffings Complete Investigative Assessment that includes a finding decision – Founded or Unfounded "Founded" - based on available information it is more likely than not that child abuse or neglect did occur. "Unfounded" - based on available information it is more likely than not that child abuse or neglect did not occur OR there is insufficient evidence for the department to determine whether the alleged child abuse did or did not occur. Written notification of findings is provided to the individual who is the alleged subject of a CPS investigation. Written notification of findings must also be provided to the legal parent of the alleged child victim(s)

DLR/CPS Founded Cases Request a review within 30 days of notification. Request an Administrative Law Hearing Appeal the Administrative Law Judge Decision

The Licensors Role It is important that you understand that even if the DLR/CPS Investigator determines that you did not Abuse or Neglect a child in your care, it may be necessary for your Licensor to continue working with you around licensing violations that may have become apparent during the investigation. If serious violations were found to have occurred, it may be necessary for your Licensor to take action against your license.

How to Protect Yourself Document, document, document Communicate incidents with the assigned Social Worker, Licensor, Supervisor, and/or Program Administrator When it doubt, call CPS…… 1-866-END-HARM

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