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)

Mandatory Reporting

Federal LawChild 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.

In KentuckyChild 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

The DisclosureA “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 investigation620.040 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.

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

Mandated Reporters

Mandatory 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 commonwealth’s attorney or the county attorney; by telephone or otherwise.

KRS 620.050 (1): Good Faith ImmunityAnyone 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): ConfidentialityIdentifying 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.

REPORTING SOURCES ARE PROTECTED UNDER THE LAW

Failure to Report

KRS 620.030 (5):Any person who intentionally violates the

provisions of this section shall be guilty of a:

a) Class B misdemeanor for the first offense;b) Class A misdemeanor for the second

offense; andc) Class D felony for each subsequent

offense.

ReportingReporting

Central Intake Central Intake

1-606-330-21921-606-330-2192(If you call our local Social (If you call our local Social

Services at 287-7114 they can Services at 287-7114 they can connect you to Central Intake)connect you to Central Intake)

“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

Making the Report

REPORT ONLY WHAT YOU HEAR OR SEE:

• Try not to interpret or paraphrase the child’s statement

• Provide objective information

What 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

ACCEPTANCE 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.”

Overview of Acceptance CriteriaPhysical 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-being—considering the child’s age.

Dependency: Through no fault of the parent, the child is without essential protection, care, etc.

NEGLECTSupervisional: 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

What 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 Commonwealth’s 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.

Will 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 620.050Note: Centralized Intake Protocol

Initiation of an Investigation

(established by 922 KAR 1:330)

•Imminent risk: 1 hour

•Physical abuse (non-imminent): 24 hours

•Low Risk: 48 hours

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.

How long does an investigation take?

30 working daysWorker 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

Are the children removed?Are 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

Possible Investigative Outcomes

•FINSA– Services Not Needed– Services Needed

• Investigation– Unsubstantiated (no abuse or neglect

found)– Substantiated (abuse or neglect found)

“ONGOING”

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

Information

•The Blue Book: Reporting Child Abuse, Neglect, and Dependency is available at www.chfs.ky.gov/dcbs/dpp

•The Office of the Ombudsman: – 1-800-372-2973

•Kentucky Child Abuse Hotline: – 1-877-KYSAFE1 or 1-877-597-2331

ReportingReporting

Central Intake Central Intake

1-606-330-21921-606-330-2192(If you call our local Social (If you call our local Social

Services at 287-7114 they can Services at 287-7114 they can connect you to Central Intake)connect you to Central Intake)

If you have any questions please contact Kimberley Collett at 287-7114