Transcript Child Welfare System “How it fits together”

Child Welfare System
“How it fits together”
Presented by:
Nancy Goodman
Mary Sheppard
Basic Assumptions
Children:
 Should be safe
 Should live with their families
 Should be safe with a
permanent family
What is Child Abuse and
Neglect?
Physical abuse
 Sexual abuse
 Emotional abuse
 General neglect
 Severe neglect
 Exploitation
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CWS System
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PL 96-272
Basic Framework established in federal law
(Social Security Act):
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Implemented in State Statutes
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Titles IV-B (services)
Title IV-E (Foster care and adoption assistance)
WIC 300’s
As interpreted in Regulation
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CWS: MPP (Manual of Policies and Procedures) Div
31
Adoptions: CCR (California Code of Regulations)
Title 22
Types of Services
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Emergency Response (ER)
Family Maintenance (FM)
Family Reunification (FR)
Permanent Placement (PP)
The four traditional service components of the
program were established through state
legislation (Senate Bill 14) enacted in 1982 to
implement federal requirements under Public
Law 96-272
Emergency Response (ER)
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Each county has a local 24-Hour Hotline
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Key questions at this stage include:
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Is the child in imminent danger?
What is the risk of maltreatment?
Does the suspected child abuse meet the legal definition of abuse
or neglect?
Is an in-person response required and, if so, how quickly?
Evaluate out or In-Person Response within 10 days
or immediate
Standardized Safety Assessment System
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Structured Decision Making (SDM)
Comprehensive Assessment Tool (CAT)
Decision Points for Standardized
Safety Assessment
Determine Response
 Initial Safety Determination
 Placement
 Referral Disposition
 Case Planning: (Initial/Change)
 Reunification
 Case Closure
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Differential Response
• Over 600,000 referrals annually
• Prior to CWSI
• Services provided only to cases that meet the
threshold for abuse or neglect – 8% of referrals
• New
• Pilots: targeted geographically, by population or
both
• All referrals receive appropriate level of response
• CBO response
• CWS and CBO joint response
• CWS response
• Goal
• Provide prevention/intervention services to at risk families
• Reduce the number of children entering child welfare
services and the need for high-end services later
Differential Response
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Path 1: For children with no to low risk of abuse and neglect
and who do not meet the legal or statutory criteria for
intervention and response. These referrals are referred directly
to a community-based organization and do not enter into the
child welfare system.
Path 2: For children with moderate risk of abuse and neglect
and who do meet the legal or statutory definitions for
intervention and response. A child welfare worker along with a
community-based partner will respond and conduct an inperson contact.
Path 3: For children with high risk of abuse and neglect and
who again meet the legal or statutory definitions for
intervention and response. A child welfare worker will respond
to these referrals alone and conduct an in-person contact. This
path is most similar to the child welfare system’s traditional
response.
Family Maintenance (FM)
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Provides protective services to families in
order to keep children in the home or keep
family unit in tact.
Services may include referrals for:
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Counseling
Emergency Shelter Care
Respite Care
Emergency in-home caretakers
Substance Abuse Treatment
Domestic Violence Intervention
Victim services
Parenting Education.
May be a voluntary agreement with parents
or could have court intervention
Child Welfare System
Out of Home Placement
Referral
to CPS
Ongoing:
Family Assessment
Emergency:
• Home Visit
• Criminal Record
• Child Abuse Index
CPS
responds
Child
Removed?
Family
Reunificatio
n
Yes
Detention
Hearing
Dispo/Juris
Hearings
FR
No FR
NO
Child Returned
Continue
Continue
(18 mos)
FR
FR
(12 mos)
Permanency
6 Month
Permanency
Review
Hearing
Hearing
Hearing
Status
Review
Hearings
End FR
Child
Returned
Family
Maintenanc
e
.26
Hearing
Services
Permanenc
y
Alternative
Identified
TPR for Adoption
or Order Guardianship
Long-Term
Foster Care
Hearings continue
every 6 months until
dependency is
dismissed
Family Reunification (FR)
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Time limited services to help reunify the
family
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Case plan of family reunification may include
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6 month review hearing
12 month review hearing
18 month permanency hearing
Alcohol and Other Drug (AOD) issues
Mental health
Housing
Employment
Concurrent plan of permanency
Concurrent Planning 101
Reunification
Services
Permanency
Case
Plan
Concurrent
Services
“...the case plan shall describe the services to be provided to
assist in reunification and the services to be provided
concurrently to achieve legal permanence with a new family if
efforts to reunify fail.” WIC 16501.1
Permanent Placement (PP)
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To ensure Children that they can grow up in
a permanent, safe, and secure living
arrangement
Most preferred option is reunification with
the family
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Alternatives:
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Adoption
Legal Guardian
Long Term Foster Care
Federal policy prefers adoption as first
alternative when children can not live safe
with their birth parents.
Going Through the Child Welfare System
Report Called into Hotline
Report of suspected child abuse or neglect is called into
the county Child Abuse Hotline by a mandated reporter or
concerned individual
Cross-Report Filed
If evidence of abuse is found, a
cross-report is sent to law
enforcement for further action.
Differential Response or Path 1
Referral sent to community based partner.
Call Screened
Referral Evaluated Out
Hotline social worker screens call to
determine if an investigation is warranted.
The Hotline social worker asses the
evidence and decides it is not sufficient to
open a case.
Referral Closed
In-Person Investigation or Path 2 & 3
Investigation determines suspected
abuse or neglect is unfounded or
evidence is inconclusive.
An ER social worker conducts an in-person investigation to
assess evidence of child abuse or neglect.
Referral Allegation Substantiated
Investigation confirms evidence of child abuse or neglect
Voluntary Services Provided
Child Removed from Home
Child is taken into custody and placed in an
emergency shelter or foster home.
Child remains at home for 30 days or up to 6
months of voluntary Family Maintenance.
Case Closed
ER services or Family
Maintenance succeeds in
providing a safe and secure
environment for the child.
Voluntary services Fail
The abuse continues, a new report of abuse or neglect is
confirmed, or voluntary services fail for other reasons.
Case Dismissed or Settled
Dependency Petition Filed
Court finds insufficient grounds for petition or
that the problems that brought the family into
court have been remedied.
A petition is filed in juvenile dependency court by the child
welfare agency, beginning a series of judicial hearings.
Family Reunification
Family Maintenance
Court leaves child at home and orders child
welfare agency to develop a case plan and
provide services to the family.
Case Dismissed or Settled
Court finds problems that brought
family into court have been
remedied.
Child Becomes a Dependent
of the Court
Court places child under it’s jurisdiction.
Family maintenance Fails
A petition for the removal of the child from
its family is filed with dependency court.
Court orders the child placed in out-of-home
(foster) care to keep child safe, and orders child
welfare agency to develop reunification plan with
parents.
Permanency Planning
Court decides child cannot safely be returned
home and/or efforts to reunify with birth family
should end; orders another permanent placement
plan to be selected.
Family Reunified
Family Successfully
completes service plan and
child is returned home.
California Child and Family
Services Review
(AB 636 or C-CFSR)
A system of continuous improvement
Purpose
To ensure county child welfare and
probation agencies improve
outcomes for children and families.
 To measure, track, and monitor
counties on an ongoing basis.
 To align California’s oversight system
with the Federal system.
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State & Federal Outcomes
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Safety
Permanence
Well Being
3 Major Efforts
Standardized Safety Assessment
Differential Response
Permanency and Youth Transition
All three efforts underscore the principle of fairness and equity
for all children and families touched by the CWS system. All three
efforts are rooted in the desire to generate more positive and
lasting results for California’s most vulnerable children by building
on family strengths, developing community support, and directly
engaging family members and youth in decision-making about
their lives.
Performance & Core Elements
How do we know if we’re doing a good job?
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Quarterly County Data Reports
County Self Assessments
Peer Quality Case Reviews
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County System Improvement Plans
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State Self Assessment
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Why CWS & CalWORKs fit
together
Reduce bureaucracy.
 Coordinate services for families to help
meet requirements, goals, and
timelines.
 Promote better outcomes.
 Together CWS and CalWORKs put
parenting first.
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Who are mandated
reporters?
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Mandated child abuse reporters include all
those individuals and entities listed in Penal
Code Section 11165.7.
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Examples: Teachers, Public Assistance Worker, Social
worker, Probation Officer, Nurse, Doctor, Firefighter, A
coroner, etc.
Prior to commencing his or her employment,
he or she shall sign a statement on a form
provided by their employer to the effect that
he or she knows of the provision so Penal
Code 11166 (requiring him or her to report
known or suspected child abuse).
Purpose of Reporting
Protect the child
 To provide help for the parents when
the abuse is occurring in the home.
 It is the law.
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Making a Report
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The mandated reporter must give his or her name when
reporting known or suspected child abuse. (Penal Code 11167)
The following information is required if known when making the
telephone report:
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Name, business address and telephone number of the mandated
reporter
The capacity that makes the person a mandated reporter
The information that gave rise to the reasonable suspicion of the child
abuse or neglect and the source of that information.
The Child’s name.
The address and present location of the child.
If applicable, the child’s school, grade and class.
The names, addresses, and telephone number of the child’s parents or
guardians.
The name, address, telephone number, and other relevant personal
information about the person(s) who may have abused the child.
The mandated reporter shall make a report even if some of this
information is not known or is uncertain.
What Happens to the Reports?
The primary purpose of the report is to
make relevant agencies aware of the
possible abuse.
 Once the report is made, it will go
through a thorough investigation for
the protection of the child.
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Contact Information
Nancy Goodman, Manager
Child Welfare Policy & Support Unit
(916) 651-6160
[email protected]
Mary Sheppard
Child Welfare Special Projects & Program Improvement Plan
(916) 654-1217
[email protected]