CHILD WELFARE MANUAL

Section 2, Chapter 5 (Child Abuse and Neglect Reports) – Overview

(Effective 04/15/19)

Chapter 5 Overview

This chapter outlines the legal definitions related to child abuse and neglect and the procedures for completing Child Abuse/Neglect Reports including:

  • Investigations;
  • Family Assessments;
  • Juvenile Assessments;
  • Out-of-Home Investigations (OHI)

Chapter 5.2 outlines procedures that are to be followed regardless of the type of report being conducted. Procedures specific to Investigations, Family Assessments, Juvenile Assessments, and OHI reports are covered in their individual sub-sections of this chapter.

Table of Contents

5.1 Legal Definitions of Abuse and Neglect

5.1.1 Care, Custody, and Control

5.1.2 Abuse

5.1.2.1 Physical Abuse

5.1.2.1.1 Reasonable Discipline

5.1.2.2 Sexual Abuse

5.1.2.2.1 Child Sex Trafficking

5.1.2.3 Emotional Abuse

5.1.3 Neglect

5.1.3.1 Proper or Necessary Support

5.2 General Procedures for Completing a CA/N Report

5.2.1 Review the Initial CA/N-1

5.2.2 Reviewing Prior History

5.2.2.1 Documenting Prior History

5.2.3 Reporter Contact

5.2.3.1 Documenting Reporter Contact

5.2.3.2 Notifying the Reporter of their Right to the Disposition of the CA/N Report

5.2.3.3 Sharing Information with Reporters

5.2.3.4 Other Reporters (Permissive)

5.2.3.5 Reporter Confidentiality

5.2.4 Parental and Alleged Perpetrator Notification

5.2.4.1 Meeting with the Child(ren)

5.2.4.2 Initial Notification of the Alleged Perpetrator

5.2.4.3 Paperwork to be Provided

5.2.5 Initial Safety Assurance of Victim

5.2.5.1 Use of Multi-Disciplinary Team Member for Initial Safety Assurance of Victim

5.2.5.2 Interviewing the Child

5.2.5.2.1 Interview with Students at School Setting When Parents/Guardians Named as Alleged Perpetrator

5.2.5.3 Injuries to the Child

5.2.5.3.1 Cursory Physical Examinations by Children’s Division Staff

5.2.5.3.2 Medical Examinations

5.2.6 Contact with Non-Victim Children and Other Household Members

5.2.7 Involving the Non-Custodial, Non-Resident, and/or Non-Offending Parent

5.2.8 Safety Assessment, Safety Planning, and Safety Re-Assessment

5.2.9 Alleged Perpetrator Interviews

5.2.9.1 Right to Counsel

5.2.9.2 Interviewing an Alleged Perpetrator in Law Enforcement Custody: Mandatory Miranda Warnings

5.2.10 Home Visit

5.2.11 Courtesy Assists

5.2.11.1 Requesting Courtesies

5.2.11.2 Monitoring Circuit Courtesy/Service Request Email Boxes

5.2.11.3 Documentation

5.2.12 Safety Network, Witness, and Collateral Contacts

5.2.13 Chief Investigator Duties

5.2.14 Collection of Evidence

5.2.15 Assessing Need for Services

5.2.16 Unable to Locate

5.2.17 Inappropriate Report Conclusion

5.2.18 Out of State Reports

5.2.19 Missing Children Not in Care

5.3 Investigations

5.3.1 Co-Investigation with Law Enforcement

5.3.2 Multi-Disciplinary Teams

5.3.3 Child Advocacy Centers

5.3.3.1 Cursory Interviews

5.3.4 SAFE-CARE Program

5.3.5 Investigations Involving Children Under the Age of Four

5.3.6 School Liaison and Information Sharing

5.3.7 Conclusion Timeframes

5.3.7.1 Steps to Ensure Timely Conclusion

5.3.7.2 Delayed Conclusions          

5.3.7.2.1 Safety Re-Assurance in Delayed Investigations

5.3.7.2.2 Significantly Delayed Preponderance of Evidence (POE) Investigations

5.3.8 Investigation Conclusions

5.3.8.1 Unsubstantiated Conclusions

5.3.8.2 Unsubstantiated, Preventive Services Indicated (PSI) Conclusions

5.3.8.3 Preponderance of the Evidence

5.3.8.3.1 The Legal Elements of Child Abuse/Neglect

5.3.8.3.2 Reporter Description/Worker Finding Code Mapping

5.3.8.3.3 Conclusion Summaries

5.3.8.3.4 Juvenile Perpetrators

5.3.8.3.5 Concluding Fatality Reports

5.3.8.3.6 Central Registry

5.3.8.4 Child Abuse/Neglect Present, Perpetrator Unidentified

5.3.8.5 Court Adjudicated

5.3.9 Reports Made out of Harassment

5.3.10 First Steps Referral on POE Determinations for Children Less Than Three

5.3.11 Notifications for Investigation Dispositions

5.3.11.1 Notification Disputes

5.3.11.2 Reporter Disposition Notification Letter (CS-21b)

5.3.12 Alleged Perpetrator Appeal Process

5.3.12.1 Local Administrative Review

5.3.12.2 Child Abuse and Neglect Review Board (CANRB)

5.3.12.3 De Novo Judicial Review

5.3.13 Deceased Perpetrators

5.3.14 Re-Opening Requests

5.3.15 Fatality, Near-Fatality, or Other Critical Event

5.3.16 State Technical Assistance Team (STAT)

5.3.17 Child Fatality Review Panels

5.4 Family Assessments

5.4.1 Involving Law Enforcement in a Family Assessment

5.4.2 Making a Conclusion

5.4.2.1 Notifications for Family Assessment Dispositions

5.4.3 Educational Neglect

5.4.3.1 Definition of Educational Neglect

5.4.3.2 Educational Neglect vs. Truancy

5.4.3.3 Assessing Underlying Causes of Educational Neglect

5.4.3.4 Home Schooling

5.4.3.5 When a Family Assessment Needs to be an Investigations

5.4.4 Differential Response Assessments

5.4.4.1 Initial Timeframes

5.4.4.2 Caseload Size

5.4.4.3 Requirements to Identify Family Assessments as Differential Response Assessments

5.4.4.4 Staff Expectations

5.4.4.5 Differential Response Assessment Conclusion Summary

5.5 Juvenile Assessments

5.5.1 Definition of Juvenile with Problem Sexual Behavior

5.5.1.1 Sexual Behavior

5.5.2 Juvenile Office Referrals

5.5.3 Family Assessment and Services Approach

5.5.3.1 Conducting the Assessment

5.5.3.1.1 Reviewing Prior History

5.5.3.1.2 Reporter Contact

5.5.3.1.3 Parental Notification

5.5.3.1.4 Face to Face Safety Assurance

5.5.3.1.5 Child Interviews

5.5.3.1.6 Home Visit

5.5.3.1.7 Parent/Caregiver Interviews

5.5.3.1.8 Safety Planning

5.5.3.1.9 Collateral Contacts

5.5.3.1.10 Chief Investigator 72 Hour Review/Supervisory Consultation

5.5.4 Children in Out-of-Home Care

5.5.5 Out of Home Investigations (OHI)

5.5.6 Non-Caretaker Referrals

5.5.7 Timeframes for Completion

5.6 Out-of-Home Investigations (OHI)

5.6.1 Types of Out-of-Home Care Providers

5.6.2 Characteristics of the Abusive Out-of-Home Care Provider

5.6.3 Child Abuse and Neglect in Out-of-Home Care Facilities

5.6.4 Factors That Lead to Child Abuse and Neglect in Out-of-Home Care Settings

5.6.4.1 Common Situations Which May Lead to Out-of-Home Care Abuse

5.6.4.2 Common Situations Which May Lead to Out-of-Home Care Sexual Maltreatment

5.6.4.3 Common Situations Which May Lead to Out-of-Home Care Neglect

5.6.4.4 Written Policies and Practices of the Institution

5.6.4.5 Physical Structure

5.6.5 OHI Investigation Procedures

5.6.6 Death of a Child

5.6.7 Child Caring Facilities – Licensing Violations