Andy Barclay 4/12/2010 CFSR Safety 1.2: Maltreatment in Foster Care

Child and Family Services Review Safety 1.2: Absence of Maltreatment in Foster Care FosteringCourtImprovement.org 2 Safety 1.2 Definition: "Absence of Maltreatment in Foster Care. Of all children in foster care during the reporting period, what percent were not victims of a substantiated or indicated maltreatment by foster parents or facility staff members?“ During: In foster care at any time during the reporting period ("served" cohort in denominator) Foster parent or Facility Staff: NCANDS perp relationships: relative foster parent, nonrelative foster parent, group home or residential facility staff Note from federal register RFC: "Some concern was expressed by the field that the measure inadvertently includes children who were maltreated by foster care providers or facility staff members but who were not in foster care with the State child welfare system at the time of the maltreatment (i.e., the children were in another system or they were in private foster or facility care). A recent requirement that all children in an NCANDS Child File have an AFCARS identification number will permit an identification of these children so that they can be excluded from the measure." The report date vs. incident date issue becomes important if/when feds start using AFCARS IDs in this way. More intuitive to flip it to percent victimized.

Most recent CFSR S1.2 Stats FosteringCourtImprovement.org 3 National Standard: <= 0.32% GA FFY09: 160/15699 = 1.02% (“out of compliance”) Take out the 102 of 160 not in care (as suggested in RFC above): 58/15699=0.37% -- almost there. Flash back to FFY2006 when GA was removing at national rate, so served=23,719, then 58/23719 = 0.24% -- in compliance. To meet nat. std. w/ served=15,699 -> reduce numerator to 51. To meet nat. std. w/ served=23,719 -> reduce numerator to 77. FFY2007: 19 states in compliance, average=0.50%. Conclusion: Check those not in care first for exclusion (Gilmer & Fulton), then assure consistent reporting of perp types.

Most recent CFSR S1.2 Stats FosteringCourtImprovement.org 4 CFSR2 Safety 1.2: Absence of Maltreatment in Foster Care. Of all children in foster care during the reporting period, what percent were victims of a substantiated or indicated maltreatment by foster parents or facility staff members? StateFFY2004FFY2005FFY2006FFY2007 Puerto Rico0.18%0.06% Kansas0.52%0.13%0.11%0.08% Idaho0.31%0.19%0.42%0.09% New Jersey0.79%0.68% 0.10% South Dakota0.11%0.28%0.00%0.14% Alabama0.14%0.28%0.15% Arizona0.30%0.12%0.21%0.16% Maine0.28%0.30%0.03%0.17% South Carolina0.49%0.57%0.18%0.19% Pennsylvania0.20%0.19% 0.20% Virginia0.39%0.25%0.36%0.20% Louisiana0.59% 0.21% California0.31%0.44%0.43%0.22% Delaware0.19%0.12%0.05%0.23% Montana0.23%0.36%0.33%0.23% Washington0.36%0.27%0.43%0.23% Vermont0.73%0.14%0.05%0.30% Kentucky0.38%0.53%0.23%0.31% Indiana0.67%0.70%0.95%0.31%

Definition of NCANDS Perpetrator Relationship Fields FosteringCourtImprovement.org 5 "Refers to the primary role of the perpetrator with the child victim of maltreatment. This is the relationship of the perpetrator to the child victim.... It is possible for the same perpetrator to appear in record(s) of other children with a different relationship to those children." On a per-incident basis, so role in each incident. One of: 1. relative foster parent, 2. nonrelative foster parent, 3. group home or residential facility staff

Definition of abuse & neglect FosteringCourtImprovement.org 6 Two part federal definition (42 U.S.C.A. §5106g, federal minimum, states expand) : 1. Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation; or 2. An act or failure to act which presents an imminent risk of serious harm.

Issue with that "parent or caretaker" part... FosteringCourtImprovement.org 7 Relevant to protocol for investigation/substantiation of maltreatment by foster parent or staff. Should GA have a double standard? OK has, by state statute, a lower bar for substantiation in care. Supposed to be a child protection system, but ASFA defines maltreatment only "on the part of a parent or caretaker", so courts must look for fault of caretaker to act on petitions. Is a pimp a caretaker? Is an 11-year-old babysitting a 2-year-old a caretaker? If a 12-year-old with no history molests his 12-year-old foster sister, in spite of adequate supervision, is the foster parent guilty of maltreatment?