module 8: the context of your work as a child welfare ... web viewsay: ‘statute’ is...

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Module 8: The Context of Your Work as a Child Welfare Professional Time: 7 hours Module Purpose: Building on eLearning module content in large part, this module provides an overview of Florida’s Child Protection System, the roles that comprise the system, the legal mandate driving the Office of Child Welfare, and the Florida Safety Methodology. Demonstrated Skills: 1. There are no skills per se in this module. Rather it includes important information that all child welfare professional should know about the practice of child welfare in the state of Florida. Understanding the context within which child welfare professionals do their work helps create for them a mental model of what being a child welfare professional is all about. There are 2 units in this module. Materials: Trainer’s Guide Participant’s Guide (participants should bring their own) PowerPoint slide deck Markers Flip chart paper Agenda: 1

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Page 1: Module 8: The Context of Your Work as a Child Welfare ... Web viewSay: ‘Statute’ is another word for law. ... (TPRs) are being considered. IF the evidence at the adjudicatory hearing

Module 8: The Context of Your Work as a Child Welfare Professional

Time: 7 hours

Module Purpose: Building on eLearning module content in large part, this module provides an overview of Florida’s Child Protection System, the roles that comprise the system, the legal mandate driving the Office of Child Welfare, and the Florida Safety Methodology.

Demonstrated Skills:1. There are no skills per se in this module. Rather it includes important

information that all child welfare professional should know about the practice of child welfare in the state of Florida. Understanding the context within which child welfare professionals do their work helps create for them a mental model of what being a child welfare professional is all about.

There are 2 units in this module.

Materials: Trainer’s Guide Participant’s Guide (participants should bring their own) PowerPoint slide deck Markers Flip chart paper

Agenda: Unit 8.1: DCF Mission and Legal Basis Unit 8.2: Roles and Safety Methodology

Trainer Instructions and Script:

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Display slide 8.0.1: Module 8 The Context of Your Work as a Child Welfare Professional (PG:1)

Display slide 8.0.2: Learning Objectives (PG:1)

Display slide 8.0.3: Agenda (PG:1)

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Unit 8.1: DCF’s Mission and Legal BasisTime: 3 hours, 30 minutes

Unit Overview: The purpose of this unit is to provide new child welfare professionals with an understanding of their mission and the legal underpinnings of that mission upon which DCF’s Child Welfare/Child Protection Unit is built.

Learning Objectives:1. Discuss DCF’s core mission and vision.2. Explain the purpose of Florida’s Child Welfare Protection System.3. Explain the law and policy undergirding the mission of the FL DCF

Trainer Instructions and Script:

Display slide 8.1.4: Unit 8.1: DCF Mission and Legal Basis (PG:2)

Display slide 8.1.5: Learning Objectives (PG:2)

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Display Slide 8.1.6: Formula for the Unsafe Child (PG:3)

Say: In your last module, you learned that as the result of many different things, including domestic violence, substance abuse, mental illness, among other things, children may become unsafe. This lack of safety occurs just as it is portrayed in the equation above: when there is a vulnerable child is in the presence of a danger threat, and the parent/caregiver has insufficient protective capacity to protect the child, the child is unsafe.

In your e-Learning modules titled Florida’s Child Protection System, Parts 1-3, you learned that when someone calls the hotline with concerns about harm to a child as a result of caregiver actions or inactions, it is the legal responsibility of the state to do the following two things. (1) Identify whether the child is in present or impending danger.(2) If the child is in present or impending danger, protect the child from danger, (3) Provide reasonable efforts to strengthen the caregiver protective capacities that led to the child safety issues, and (4) When reasonable efforts to strengthen caregiver protective capacities have occurred and do not result in sufficient change, provide reasonable efforts, work to achieve another permanency goal for the child. This is accomplished through the dedicated work of a variety of child welfare professional roles within Florida’s Child Protection System.

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Display Slide 8.1.7: The State’s Protective Role with Children (PG:3)

Say: This module describes the work of the Florida Department of Children and Families and its formal and informal community partners in its essential work of protecting vulnerable children and promoting parent/caregiver and family recovery and resilience. Often the child can remain in the home with an in-home safety plan; at times, though, the child may need an out of home placement.

When the Department has provided reasonable efforts and the parent/caregiver is unwilling and/or unable to make the essential changes – and sustain those changes – so that they can protect their child, it is the work of the Department – also through the work of Florida’s Child Protection System – to terminate the parent’s rights and actively work to identify a safe, nurturing, loving and supportive family who is willing to adopt the child.

During your field weeks, you worked through eLearnings that discussed the mission of the Florida Department of Children and Families. In your groups, see if you can correctly recall that mission.

Give participants a few minutes to come up with the full mission. If anyone does recall it, congratulate them. If not, just go immediately to the next slide.

Display Slide 8.1.8: Florida DCF Mission (PG:4)

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Say: The mission of the Florida Department of Children and Families is to:

Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and Advance Personal and Family Recovery and Resiliency.

Ask: Why is it important for the state of Florida to protect the vulnerable, promote strong and economically self-sufficient families and advance personal and family recovery and resiliency.

Key points include: The family being the basic social unit – if the family unit is strong,

our society is strong. If the family is not strong then our social structure is less strong as well.

The expense of helping families change is far less costly than the cost of generations of family challenges that keep families involved with the state.

Even though the family sometimes cannot or will not change, you can still provide benefit to the child through protection and provision of resources needed for that child to grow up emotionally, physically, cognitively and psychologically healthy and along normal developmental lines.

As you learned in your eLearning, Florida DCF works with other individuals and families who may be vulnerable, such as persons who are elderly and immigrants..

Florida’s legislatively-mandated child protection system is specifically the mechanism by which the state achieves the DCF mission related to child welfare.

Display Slide 8.1.9: Florida DCF Mission (PG:4)

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Say: The Child Protection System operates from four core principles mandated by Florida state law statute 39.001. These principles include:1. The health and safety of the children served shall be of

paramount concern.2. The prevention and intervention by the child protection system

should engage families in constructive, supportive, and non-adversarial relationships.

3. The prevention and intervention should intrude as little as possible into the life of the family, be focused on clearly defined objectives, and take the most parsimonious path to remedy a family’s problems.

The prevention and intervention should be based upon outcome evaluation results that demonstrate success in protecting children and supporting families.

Display Slide 8.1.10: CPS: Principle 1 (PG:5)

After you read each of the four core principles below, return back to the first principle and ask participants to consider their field time experience and see if they can bring a brief example representing the meaning of one of these principles.. Ask them.

Be sure the volunteer provides a story of what this means…if not, gentle correct their understanding of this principle.

Trainer Notes: As you listen to participants stores keep in mind that you are looking to highlight the following for each of the four principles:

Principle 1: What did they see in their shadowing that indicated the child welfare professional was placing the child’s health and safety about all other considerations? Once you have a story that portrays this, ask participants why this would be the most important thing to be done.

Principle 2: Make sure participants understand the difference

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between ‘prevention’ (efforts to help children and families at risk of adopting harmful behaviors like violence, dropping out of school, engaging in unprotected sex leading potentially to pregnancy, etc.), vs families where the child is actually unsafe (with a reminder that ‘unsafe’ means that the vulnerable child is in the presence of a danger threat and the parent has insufficient capacity to protect the child from the danger threat). In addition, this principle highlights the necessity of working with families in a collaborative, family-centered manner, as discussed in several e-Learnings during their first two weeks of field work.

Principle 3: This principle highlights the importance of maintaining to the greatest extent possible the child’s attachment to his or her family of origin. This minimizes child trauma. But it also underscores the fact that keeping the family unit intact cannot be an option if the parent/caregivers refuse to make necessary changes in their lives to build the capacity to protect their child from danger.

Principle 4: This principle supports the application of evidence-based practices in child welfare professional work, and seeking to follow a related logic model that, if implemented, will more likely lead to a successful outcome.

Reminder that ‘safety’ is the result of the following 3 aspects of the equation being in place: despite the child being vulnerable and in the presence of a danger threat, the parent/caregiver is able to protect the child, keeping him or her safe.

Display Slide 8.1.11: CPS: Principle 2 (PG:5)

After you read the second principle, ask the following question.

Ask: What is prevention as compared to intervention?

After participants have responded, make sure they understand the following: Prevention is working with children and families who are at risk of

becoming unsafe. Intervention is working with families after a child

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has been determined to be unsafe. Prevention is focused on stopping the problem before it escalates to become necessary for government intrusion and intervention. If an investigation reveals that a child is safe, however the family displays risk factors for the possibility of future maltreatment, a referral for prevention services may be made. After making a safety determination, the investigator will complete a "Risk Assessment" which is actually based on actuarial data as to which families are most likely to experience future maltreatment

Ask: This principle highlights the words ‘constructive, supportive and non-adversarial’. Why are these important in your work as a child welfare professional? Why does this matter?

Trainer Notes: Positive engagement with family members, where the child welfare professional demonstrates behaviors that are conducive to a trusting relationship and partnership with family members, requires a genuineness, empathy and solution-focused perspective and effort. Parent/caregivers and others in the family have come to the attention of FL DCF because they lack capacity to keep their children safe – often because they themselves were traumatized as children. Engagement in a positive manner will build a collaborative bond between family members and you as a child welfare professional, leading to outcomes that are far more likely to be positive and in the child’s and family’s best interest. Part of this requires that child welfare professionals understand the differences that exist as the result of cultural and other factors, and they embrace that understanding and apply it as they work with family members.

Ask: I wonder what would it look like for you to NOT work in a ‘constructive, supportive and non-adversarial’? Let’s look at the story that was just described, and talk about what could have occurred if it had been the opposite?

Have participants talk in their groups for ten minutes and, taking the original story that portrayed constructive, supportive and non-adversarial work, come up with the ‘anti-story’ version. The ‘anti-story’ would be how a child welfare professional created a hostile environment – and what that might look like.

Emphasize to participants that they have the power to make or break their relationships with families – it is all about their being able to manage their own feelings and work in a connected manner that accords to family members dignity and respect.

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Facilitate any discussion that might occur around this.

Display Slide 8.1.12 CPS: Principle 3 (PG:6)

Trainer Note“Intruding as little as possible” means that you as a child welfare professional are not invading the family or requiring anything unnecessary that will create more distance than necessary between the child and the parent/caregiver(s). For example – if the children are safe, do not require added services or taking the family to court. If the child is unsafe, do only what is necessary – and no more – to keep the child safe.

Ask: You have read a great deal about child attachment, family systems and dynamics, and child development. Why would it be important to be as unintrusive on the family as you can be, given the circumstances of that particular family?

Key points include: Children are typically most attached to the family, and benefit greatly

if the family can remain intact. That would require that the parent/caregiver(s) change in specified manners in order for the child to become and remain safe while in their custody. If that can be achieved, it is always a far better outcome than removing the child from the family forever.

However, it is very important to understand that some parent/caregivers will never achieve the level of change necessary for them to be able to retain custody of their children and raise them in a safe, nurturing environment, which means that these parents will lose their parental rights. In these situations, great efforts will be made to find a family for that child that will adopt him or her and provide the safety, love and nurturing they need to grow up to be resilient adults.

Ask for questions and respond appropriately to help them understand

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this concept.

Say: The term ‘family-centered’ is one that you encountered in your eLearnings.

Display Slide 8.1.13: CPS: Principle 4 (PG:6)

Say: Florida Department of Children and Families doesn’t just guess to determine whether or not they have been effective in working with children and their families. We not only work to apply evidence-based practices in our work, but we have a variety of reporting systems and measures to give us evidence of how we are doing. Florida’ Child Protection System (CPS) also has a quality review unit that systematically and consistently reviews cases to determine how well the CPS did its job and where things could be improved.

Ask if anyone has any questions and respond appropriately.

Segue into our next topic, which focuses on the law and policy undergirding the mission of the FL DCF.

Display Slide 8.1.14: FL DCF’s Legal Foundation (PG:7)

Tell participants that they need to take really good notes and ask questions in this next section related to this PPT slide, because they are each going to

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be singled out to answer specific questions in a few minutes.

As you talk through the information below, with each point being made relative to the visual above, point to that item to give them a visual reference. For example, when you talk about the constitution, point to the top rectangle ‘United States Constitution’.

The point of this slide and the discussion below is to highlight for participants that there is a legal hierarchy. The higher up the law is, the more general the prescriptions in the law.

The further down the law goes into state law, then code (or rules) then specific types of rules (Florida Rules of Juvenile Procedure) and finally DCF’s Operating Procedures, the more specifically and detailed the prescriptions are for each child welfare professional.

Make sure to point out the red arrow and the red words, which backs up this claim.

Last point: This entire page illustrates that each child welfare professional doesn’t just do what they want to do. Their actions and decisions are strongly grounded in the federal and state legal system.

Say: Florida’s Child Protection System was formed under and operates by a complex set of laws and legal standards designed to operate effectively.

As you learned in your eLearning, our U.S. legal system is structured hierarchically, in that legal authority begins with the Constitution and federal statutes and is passed down to the states and agencies. These multiple levels of legal guidance authorize (and in some cases, mandate) the protective actions we take as child welfare system professionals.

Constitutional laws serve to affirm the inalienable rights of the people of the United States, including children and families. These laws take precedence over all other laws and policies, meaning that you can’t have a law written at the state or federal level that contradicts these laws.

It is important to understand that the U.S. Constitution forms the outline for our entire governmental system. It serves to uphold the due process of law for families in dependency proceedings. This includes the family’s fourth amendment rights, with the fourth

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amendment stating: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”.

This amendment highlights the important fact that only those cases that must go before the courts actually go before the court.

Due Process is a guarantee that all legal proceedings will be fair, that one will be given notice of proceedings and an opportunity to be heard before one’s life, liberty or property is taken away.

Say: ‘Statute’ is another word for law. When you are talking about a federal or state statute, you are talking about a federal or state law.

Federal and state statutes are cited when the courts are making decisions regarding reasonable efforts with children and families, child placements, judicial reviews of child and family cases, and permanency considerations, where the parents have lost their rights over a child and the child protection system is seeking a permanent home elsewhere.

While Federal Statutes and State statutes exist, state laws must therefore be in compliance with – and not contradictory to – Federal laws. To reiterate, Federal statutes prevail over state statutes.

Many state laws are developed to meet the requirements the federal government has tied to the departments funding sources. In fact, more than 50% of DCF’s budget comes from federal funding sources. Lack of compliance with federal requirements results in loss of federal funding.

Say: Similarly, Florida law dictates what is in the Florida Administrative Codes (F.A.C.) – F.A.C., must be in alignment and consistent with Florida’s state laws.

These codes – often called ‘Rules’ – are typically designed to provide more detail than do state laws. They serve to supplement or implement statutes. Florida Administrative Code is the policy that dictates how the law will be enacted.

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As you discuss Dependency, walk participants through the FL Dependency Case Flowchart. Do not dive into great detail. Just highlight the fact that this provides participants with a detailed walk through of dependency should they wish to explore this concept. Tell them also that, where relevant, they will walk through this process in detail in their specialization curricula.

Say: One subset of these rules is the Florida Rules of Juvenile Procedure, which provide guidelines on how individuals conduct themselves within the court system in dependency cases.

Dependency is the situation in which the child has been determined to be abused, neglected or inadequately cared for by parents or guardians, and includes abandonment or desertion; abuse or cruel treatment; improper or inadequate conditions in the home; and insufficient care or support resulting from death, absence, or physical or mental incapacity of parents.

When it has been determined that the child must be removed from the home, meaning that FL DCF has taken custody of the child, and there is no close family relative or friend who can informally take the child temporarily, an Emergency Shelter Petition is drafted and presented before a Circuit Court Judge who handles juvenile matters. This must occur within 24 hours of the child being removed from the home.

‘Shelter’ is a term used when a child is determined to be unsafe if he or she remains in his or her home and must be relocated, or ‘sheltered’ to a safe environment. This can include placement with family members, etc.

A Petition for Dependency is then served on the parents within 30 days of the date the child was removed from the home, and at the ‘Dependency Hearing’, the parents must enter a plea that they either agree with, disagree with, or are neutral related to the allegations against them related to their child.

To ensure that the child is placed in a home situation that addresses the child’s specific needs and attachments, a Unified Home Study will be conducted to assess a potential foster family or – when parental rights have been terminated – an adoptive family’s strengths and needs. This study identifies how FL DCF can support the family in successfully parenting a child placed in their care.

The Rules of Juvenile Procedure govern how attorneys within DCF’s

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Children’s Legal Services operate and include: An explanation of how the laws can be translated into court

practice, whereas the laws themselves may be vague or silent. Provision of guidance for attorneys on courtroom procedures in

dependency cases. Explanation of the purposes of and outline the requirements for

court hearings. Provision of instruction regarding content required within

petition/court documents.

For example, Rules of Juvenile Procedure 8.655 (a-c) provide specific guidance on shelter petitions, shelter hearings and shelter orders. Shelters, by the way, are foster homes or other locations where an abused, neglected or abandoned child is protected, and are used when it has been determined that the child will be unsafe if he or she remains in their home.

Say: Lastly, just as other laws and rules, the Operating Procedures of FL Department of Children and Families must be consistent with F.A.C., state, federal and constitutional laws. DCF’s Practice Guidelines provide agency-specific guidance. They clarify the day-to-day activities required by each job within the child protection system.

Ask if anyone has any questions so far, and respond appropriately.

Say: Let’s turn our attention now to the law in the state of Florida: The Florida Statutes.

Florida Statutes provide the foundation for our work. Everything we do related to child welfare from a state-legislated point of view is dictated by Chapter 39, Florida Statutes. This is THE foundational law and primary legal reference for dependency cases in Florida.

It was written to follow the chronological development of a case from reporting at the Florida Abuse Hotline, to investigations, to removal (if necessary) and on to permanency.

Chapter 39 provides most of the legal guidance necessary for drafting court documents and preparing for court hearings. It reflects the philosophy of federal laws as expressed in: PL 96-272: The Adoption Assistance and Child Welfare Act of

1980. PL 105-89: The Adoption and Safe Families Act of 1997, or ASFA.

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Do not put any key points or details into the PG on this – leave 2 blank pages in the activity below for participants to take notes on what the trainer is saying for the upcoming activity.
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Tell participants that now they will work with the notes they have created to engage in this next activity.

Display Slide 8.1.15: What’s the Key (PG:11)

Activity #1: What’s the Key?

Purpose: This is one of several activities to place the learning in the learner’s hands, rather than the trainer regurgitating information for them. Here they are reviewing the key information that you just discussed. It will enable them to process this factual information more easily.

PG:11

Materials: Flip charts and markers for each table.

Trainer Instructions: Each group works together to generate what they believe to be the

five most important key points in this presentation, with the most important first and the least important last. These should go on their flip charts. They must be prepared to defend their determination with more information. This should take no more than 15 minutes.

Each group must identify a spokesperson. Ask the spokesperson from each group to share their key points and

provide justification on why they believe these are the five most important key points. If he or she needs to get clarification from their group on any details, they can have a total of two ½ minute huddles.

Do this with each group. At the end, point out the similarities among all five of them and

where they diverge. Tell them they have done a good job of working through what might be seen as very dry material.

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Activity STOP

Display Slide 8.1.16: Reading the Statutes (PG:11)

Say: Familiarity with Florida statutes is central to your job tasks. It is important for you to be able to develop the ability to quickly reference the law. In fact, the Quality of Practice Standards Model references the statutes on each page of daily job tasks.

Let’s focus now on Chapter 39, Florida Statutes. Take out your copy of Chapter 39. We will be working with this in just a minute. (Pause while they get it).

The following is an example of how to read the statutes.

Read through the slide.

Say: In this next activity, you will practice identifying specific definitions and requirements in Chapter 39 and completing your Handout: Using the Florida Statutes.

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Display Slide 8.1.17: Using the Florida Statutes (PG:12)

Activity #2: Using the Florida Statutes

Purpose: Child welfare professionals must be adept at working with the Florida Statutes. This provides them with some practice at working with Chapter 39 and identifying specific information in it.

PG:12

Materials: Handout: Using the Florida Statutes (activity sheet)

Trainer Instructions: Working in their groups, give participants 30 minutes to complete the

Handout: Using the Florida Statutes. Each person puts their name on the top of the handout so that they can retrieve it.

Have each group exchange their worksheets with another group, so that no one has their own worksheets.

Give the groups 15 minutes to review the others’ input and provide their feedback on the handouts. There are seven different citations that participants must look up and seven questions each participant must answer. For every item, therefore, there are two possible points for a total of 14 points. In addition to the feedback they provide, have participants give the paper they are ‘grading’ the total points they should receive.

They then return them to their original owners, who are asked to review their handouts and check back with the statutes to understand why they might be correct or incorrect.

Field any questions or concerns anyone might have.

Activity STOP

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Display Slide 8.1.18: Five Federal Statutes Important In Your Work (PG:15)

Say: Let’s now turn our attention to five federal statutes that have a strong impact on the work you do as a child welfare professional. As you learned in your eLearning, these five statutes include: Child Abuse Prevention and Treatment Act (CAPTA) The Adoption and Safe Families Act of 1997 (ASFA) Interstate Compact on the Placement of Children (ICPC) The Indian Child Welfare Act (ICWA) Multi Ethnic Placement Act (MEPA)

In addition, federal law has been passed addressing immigrant children who have come to this country.

I will review some information about CAPTA, and then I’ll turn the responsibility of learning the rest of this information over to you.

Display Slide 8.1.19: Child Abuse Prevention and Treatment Act (CAPTA) (PG:15)

Say: The Child Abuse Prevention and Treatment Act (CAPTA), passed in 1974, expanded federal involvement in child welfare. Until the mid-twentieth century, the federal government had played a relatively minor role in child protection, while non-governmental organizations (for example, charitable entities) assumed a more

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visible role. The passage of CAPTA transitioned the federal government from a more passive role into a leadership role in the protection of children.

CAPTA seeks to accomplish two main goals: It establishes federal programs to research the cause of child

abuse and neglect as well as implement programs within states utilizing best practices.

It also provides opportunities for states to draw down federal funds to support programs aimed towards preventing and addressing child abuse, neglect and other maltreatments.

Display Slide 8.1.20: Federal Statutes Impacting Your Work (PG:16)

Activity #3: Federal Statutes Impacting Your Work

Purpose: Participants own information far more completely when they work with it themselves. In this activity, participants will be reviewing the information regarding these federal laws using their Handout: Federal Statutes Impacting Your Work.

PG:16

Materials: Handout: Federal Statutes Impacting Your Work Blank index cards, no lines on either side.

Trainer Instructions: In this activity, participants will be asked to individually review all the

information in Handout: Federal Statutes Impacting Your Work, and generate on one side of the card at least 12 questions that reflect information related to each of the different federal statutes and information about immigrants. For each, on the other side of the card, have them write the correct answers on them. Give participants 30 minutes to generate these questions and emphasize that they are

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It is ok to create key points for participants on this content.
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to do these individually. While participants are doing this, create a table on your flipchart,

with each cell representing one of the groups. This will be the way you keep track of who gets the right answers and who gets answers right.

Take up all cards and shuffle them extensively so that there is no order to them and everyone’s input is thoroughly mixed.

From this point forward, participants work in their groups. The group who gets the most questions right each gets a Starbucks card for $10 (or some other prize as directed by DCF).

Over the next 25-30 minutes, go through as many questions as possible. Ask each question, and the first person who raises their hand gets called on. If they are correct, their group gets the point. If they are incorrect, then ask the question again and pick the first person to raise their hand. Continue to do this until the question is correctly answered.

Tally up the points. Congratulate the winner. Point participants to the subsequent Handout titled ‘Additional

Federal Statutes Impacting Your Work’. Briefly walk through each of these. Ask for questions.

Activity STOP

Display Slide 8.1.21: Evidence (PG:23)

Say: As we turn our attention to the next topic, I want to remind you again what a dependency case is. A dependency case is one that comes before the Courts, and is based in child abuse, neglect, and/or abandonment. We use the term ‘dependency’ to describe the child who is dependent upon the state and the legal system to provide him or her with the protection and related services to keep him or her safe and to promote his or her well-being.

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For the child to be dependent upon the state, it is essential that you as a child welfare professional make sure you base your dependency recommendations on evidence.

Decisions regarding safety and dependency are based on sufficient information collection. Sufficient information leads you to the evidence needed to support your case. If you have insufficient information, you will not be able to produce the evidence you need in court.

It is important to know that there are different types of evidence that inform information collection. These can include: Direct Evidence. Direct evidence would be an eyewitness account

of an event or the actual statements of witnesses. Circumstantial Evidence. This is evidence that may allow a judge

to deduce a certain fact from other facts that have been proven. Circumstantial evidence is a step away from eyewitness account and is less persuasive in court. For example: circumstantial evidence would be a neighbor hearing a child scream but not witnessing the abuse.

Demonstrative Evidence are ‘things’ or ‘objects’ that help prove a case. You cannot deny bruises, burns or other tangible, visible things on a child’s body. These would be demonstrative evidence.

Expert testimony. This is information provided by people who have specialized knowledge or experience that relates directly to a problem in a case.

Display Slide 8.1.22: Show Me the Evidence (PG:24)

Activity #4: Show Me The Evidence

Purpose: Even though participants have not yet had a great deal of practice with cases, they should have enough of an experiential reference in the field to be able to discuss this with some understanding. Appreciating how essential it is to gather sufficient evidence through their information

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collection efforts, as well as grappling with the different definitions, is the purpose of this activity.

PG:24

Materials: Handout: Show Me the Evidence

Trainer Instructions: Work through the first with participants. Explain why each of these

items is an example of that particular type of evidence. Work through the second with participants. This time, tell them what

kind of evidence it is and ask them to explain why it is an example of a particular kind of evidence.

Have participants work in their groups on the third case, identifying as many pieces of evidence and types of evidence they can identify.

Debrief as a group. Provide corrective feedback and explanations. Information for the three cases is provided below.

Handout: Show Me the Evidence!

Scenario 1: Xavier Xavier has bruises on his thigh and buttock area. According to him and his mother, the bruises are a result of the mother hitting him with an extension cord. The mother states that she cannot control his behavior unless she hits him. She advises you that she has taken the child to every therapist in the area. Direct

Statements of victim and mother - direct

Circumstantial Statements of neighbors/relatives - circumstantial School collateral - circumstantial Statements of previous counseling providers - circumstantial

(possibly expert, depending on their area of expertise)

Demonstrative CPT report and photos - demonstrative Extension cord used - demonstrative Pediatrician reports - demonstrative Reports from previous counseling providers - demonstrative Criminal background checks - demonstrative

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Expert CPT physical - expert

Scenario 2: Marvin The mother’s paramour, Marvin, has a very violent history. Allegedly he beats the mother regularly and the children are usually in the home when the beatings occur. Both children attend Harborview Elementary School. Direct

Statements of children, mother and paramour - direct

Circumstantial Statements of neighbors/relatives - circumstantial School contacts - circumstantial

Demonstrative Criminal background checks - demonstrative History of LE calls to residence - demonstrative Past/present injunctions - demonstrative Hospital/doctor reports regarding mother’s injuries - demonstrative

Scenario 3: Lisa Lisa’s father, Arthur, molested her when she was a child. He was arrested as a result of the abuse and was recently released from prison. Lisa is now 20 and has allowed her father to move into her residence with her and her two female children. Lisa told the children’s day care teacher that she believes that her father has learned his lesson and that she can keep her children safe. Direct

Statements of mother, A/P and children - direct

Circumstantial

Day care collateral - circumstantial

Demonstrative

Criminal background checks - demonstrative LE calls to residence - demonstrative

Parole records/reports – demonstrative

Activity STOP

Display Slide 8.1.23: A Few More Pieces Related to Evidence (PG:25)

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Say: It is important for you to understand three more pieces of information related to Evidence.

The first definition is for the term ‘probable cause’. Probable cause applies to shelter hearings and is the point at which the judge in the case has enough evidence to create in his mind that significant impairment to the child’s safety may occur if the child is left in the home.

The second definition is for the term ‘preponderance of the evidence’. Preponderance of the evidence applies to all other dependency hearing beyond the shelter hearing. It is the point at which there is more evidence for, than against, the point being argued. For example at the adjudicatory hearing, there is more evidence to show that the neglect, abuse or abandonment occurred than that it did not.

The third tem is ‘clear and convincing’. Clear and convincing evidence is that which answers almost all of the questions in the judge’s mind about whether or not a termination decision is warranted. Clear and convincing evidence applies to proceedings where Termination of Parental Rights (TPRs) are being considered. IF the evidence at the adjudicatory hearing is not overwhelming, more evidence will have to be presented at the termination of parental rights trial.

Ask: Does anyone have any questions?

Respond appropriately.Segue to Unit 2.

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Unit 8.2: Roles and Safety MethodologyTime: 3 hours, 45 minutes

Unit Overview: The purpose of this unit is to begin to inform participants of the various child welfare roles within DCF’s System of Care, what they each do, and how they work together, as well as with community partners to achieve child safety, permanency, and resilient families.

Learning Objectives:1. Define the role of the Hotline for intake information retrieval and

distribution for field investigations by CPI.2. Describe the role of the CPI for initial contact, family engagement and

assessment practices with children and families.3. Identify the role of the case manager in ongoing safety and case

management services for children and families.4. Describe the role of foster parents as it relates to partnership with

the agencies and in providing safe, stable and nurturing homes for children in need of out of home placement.

5. Explain the central role of the supervisor. 6. Explain the role of foster care licensing.7. Explain the role of adoptions in the child welfare system.8. Explain the role of the Children’s Legal Services.9. Explain the role of the Center for Child Welfare at USF.

Trainer Instructions and Script:

Display slide 8.2.24: Unit 8.2: Roles and Safety Methodology (PG:27)

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Display slide 8.2.25: Learning Objectives (PG:27)

Say: One of the intentional aspects of this curriculum is to make sure that you are exposed to various roles within Florida’s child protection system during your field time. The work of field time also supported your learning about the formal Safety Methodology that embodies the process of keeping children safe and additionally requires your growing understanding of all that it means to be a child welfare professional.

In your groups, I’d like for you to discuss what you have learned about the various child welfare roles that make up the child protection system.

Display Slide 8.2.26: Activity: Child Welfare Roles (PG:28)

Activity #1: Child Welfare Roles

Purpose: It helps to build a mental model of the child welfare system in Florida by having participants collaboratively discuss what they have experienced in the field. Combined they will develop a far better understanding of the roles in the child welfare protection system and what they don’t yet understand. This will set them up to be more receptive to new information.

PG:28

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Materials: Handout: Child Welfare Professionals in Florida

Trainer Instructions: Put up a flip chart page onto the wall for each child welfare

professional role and have the name of each role on the top of one of the pages.

Have participants discuss their field experiences in their groups and have them list the kinds of things they saw different child welfare professionals do, or what they have heard that they do. Ask them to come up through their discussion with as big a list that they can come up with of the kinds of things they believe each role does.

Ask each table to write in the responsibilities they have identified for each child welfare role on the right flip chart page. Tell them that if someone else has put information on the flipchart, put a tick mark next to it indicating that more than one group felt it was important.

When everyone is done, walk around the room and review what everyone has put onto the flip charts. If anyone has listed incorrect information, make sure to correct it, and if anyone has missed listing something that needs to be added, add that. Have participants make notes on their handouts to augment or changes what they already have on it.

When you are done with all seven roles, ask if there are any questions and respond appropriately.

Say: Throughout your Core training, you have gained a great deal of knowledge and related skill to do your work as a child welfare professional. You have learned this important knowledge and related skill as we have walked through the last seven modules by applying these concepts with a resilient protective family and a family that requires DCF involvement if it is to survive and possibly thrive as an intact family. You have also gained an understanding of the many variables that can adversely impact families, what trauma is, and what safety means for children and families.

The first portion of Florida’s Department of Children and Families’ mission is to “Protect the Vulnerable”.

Ask: What are you protecting vulnerable children from as a child welfare professional?

Trainer Notes: Key points here should be that a child welfare professional is

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protecting the vulnerable child from danger threats when his or her parent/caregiver is unable to keep him or her safe due to diminished caregiver protective capacities.

Say: You have heard discussion in the field, in your eLearnings and in the classroom about the Safety Methodology. We are going to take some time here at this point to walk you through the Safety Methodology at a very high level. At the end of Core, we will return to the Safety Methodology and discuss it in greater detail as we walk through a case start to finish. Then, when you move to your specialty curricula, you will receive greater training in the Safety Methodology as it is needed.

Ask: Does anyone have any questions at this point?

Respond appropriately.

Say: Pull out your Handout: Florida Safety Methodology. This is a detailed overview of the process of keeping Florida’s children safe.

Activity STOP

Display Slide 8.2.27: Florida’s Safety Methodology Page 1 (PG:34)

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Display Slide 8.2.28: Florida’s Safety Methodology Page 2 (PG:34)

Display Slide 8.2.29 Florida’s Safety Methodology Page 3 (PG:35)

There are 3 slides that portray various aspects of the Safety Methodology Flowchart. As the information is presented, make sure to have the slide aligned with the content being presented.

Make sure you keep an eye on the time. Presentations should follow this approximate timeframe:

Hotline: 30 minutes CPI and CPI Supervisor: 45 minutes Case Manager and CM Supervisor: 60 minutes CLA Attorney: 30 minutes FC Licensing: 30 minutes Adoptions Counselor: 30 minutes

Trainer Notes: In this next overview of the Safety Methodology, it is essential that you have individuals come in representing each of the eight major child welfare professional roles to speak about their roles as they relate to the Safety Methodology (Hotline counselor, CPI, CPI Supervisor, Case Manager, Case Manager Supervisor, CLS attorney, FC Licensing, and Adoptions Counselor).

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We say that this is essential because it is part of the effort to change DCF’s unintentional cultural practice wherein each role operates in a silo, and doesn’t see itself in the broader context as working together to provide an array of essential services to Florida’s unsafe children and challenged families.

Make sure that as each representative walks through their portion of the Safety Methodology that they touch on the points mentioned in the Trainer Note below regarding their particular roles. If that representative misses any key points highlighted below in the Trainer Note, after you have thanked them for their presentation, make sure to (respectfully) share this added information with participants.

Also make sure that the key points regarding the Safety Methodology are made in the subsequent Trainer Note below.

In addition, those who have come in to speak and are relevant to the Dependency Case Flowcharted process – they can point to the Safety Methodology process location where the Dependency process would come into play

Trainer Notes: Included below is key information about each child welfare professional role and how they interface with each other. If you are unable to secure live individuals to talk through their work within the Safety Methodology, you can use this as the basis of your walk-through of the Safety Methodology.

HotlineThe Abuse Hotline, located in Tallahassee, FL, receives reports from throughout the state and beyond. Those reporting are expressing concerns about a child or children, and the Hotline counselor determines if there is a “reasonable cause to suspect” that a child is abused, abandoned or neglected.

Based on the specific allegations, the Hotline counselor determines whether or not the report meets the criteria outlined in Chapter 39 of Florida Statutes, leading then to a determination of whether or not further investigation is warranted.

Hotline counselors are trained to obtain the necessary information related to the alleged maltreatment, so that they can make an initial determination about the child’s safety. The two essential questions the Hotline counselor must gather information

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for on every call are: Is the child presently in danger? Could the child become unsafe in the near or imminent future, based

on what else is known about the child or family’s overall functioning and out-of-control conditions in the home?

Once the Hotline counselor has gathered sufficient information to be able to answer both of these questions to the extent practical, he or she sends the report to the local Child Protective Investigation unit in the area where the child lives.

Child Protective Investigator (CPI)The child protective investigator, or CPI, is the initial eyes and ears of the Child Protection System. Depending on the hotline counselors assessment of immediate/present danger or impending danger, the CPI assigned the case goes to the child’s home either immediately or within 24 hours and talks with the child, the parents, and often others who might know the family’s situation.

The investigator’s initial assessment focus during interviews with the child and parent/caregivers is to determine if the child is presently in danger. If the child is in present danger, the CPI does one of two things. He or she either takes temporary custody of the child, removing the child from the home or develops a Present Danger Safety Plan with the parents to ensure the child’s safety in the home immediately. This must be done prior to the CPI leaving the home.

This initial safety plan provides the CPI the time to assess for impending danger as well – a pervasive state of danger to the child, represented by out-of-control behaviors, conditions, actions or attitudes of the child’s parent or legal caregiver.

If impending danger has been determined, and no parent in the home has sufficient protective capacity to manage the identified danger threat, the child is assessed as unsafe and a Safety Plan is developed and implemented. At that point, the case is handed over to the Case Manager for on-going safety management and case management services.

CPI SupervisorA supervisory consultation is required in every investigation.

During this collaborative effort, the child protective investigator and the child protective investigator supervisor discuss the critical elements of the investigation. They also review whether or not sufficient information has been collected to adequately inform all the major decisions reached about

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the case. Especially important is the critical thinking that facilitates and guides the investigator’s actions around any safety plan implemented to keep the child safe.

Some supervisory consultations occur before the investigator even leaves the family’s home. This can occur, for example, when the CPI believes present danger has been identified and wants to explore whether an in-home Present Danger Safety Plan is appropriate to ensure child safety.

Follow-up consultations with the supervisor are frequently helpful to explore conditions that are out-of-control to the point of creating impending danger for any child in the home. In those instances, the Investigator develops and implements a Safety Plan with the family to protect the child in the home, whenever possible.

If the child cannot be kept safe in the home, additional child welfare professionals working in the dependency court system become involved to ensure the child’s needs and rights are addressed in a manner consistent with the law.

When the child has to be and placed outside the home, a suitable relative is always the first option considered. If no appropriate relatives are available, the child is typically placed with a licensed foster parent until the child can safely be returned home. The placement could last one day, or it could last for many months. Foster parenting is one example of how the community at-large is also a partner in the child protection system

Case ManagerAfter the investigator has developed and implemented a plan to keep the child safe, the responsibility for working with the family and supporting the child’s needs for safety and well-being is placed in the hands of a Case Manager. This Case Manager works in the community-based care organization of the area where the unsafe child resides.

The Case Manager continues the work of the child protective investigator to oversee the child’s safety, working to bring about the necessary “conditions for return” necessary for the children to return home. Part of these conditions for return includes improvement in the parent’s diminished protective capacities to the point that they can keep the children safe in the future.

The case manager however, is also responsible for: Tangibly supporting the changes that parent/caregivers must make in

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order for their child to return home. Watching over to ensure meeting the child’s well-being needs, such

as their health, education, and other needs.

It takes a team of people to help families change. Once the case manager has fully assessed the parent’s protective capacities and identified what changes must occur for the parent to be able to resume their caregiving role, individualized services and treatment options are explored which will support the parent/caregiver efforts in becoming self-sufficient and assuming full responsibility for their child safe.

Often case managers are told either by their supervisors, CPI or sometimes even the court that a parent must have a particular item on their case plan. The case manager must then learn to balance authority.

Case Manager SupervisorAs is the case with the CPI supervisor, the Case Manager Supervisor oversees the work of the Case Manager. During the Case Managers activities that prepare him or her to work with the family assigned to him/her, the Case Manager supervisor conducts a supervisor consult to ensure that all information known is reconciled and that the Case Manager is prepared to move to the next stage of introduction with the family.

The role of the case manager and supervisor is dynamic. While working to engage with families to inform the case plan and ongoing family functioning assessment, so too must the case manager be managing for safety.

Lastly, the case manager supervisor consults with the case manager during analysis sessions that ensure that the case manager never works in isolation without expert support in their decision-making process.

Children’s Legal Services (attorneys)When it is necessary to take a child out of his or her home to keep him or her safe, DCF’s Children’s Legal Services unit becomes involved in all legal issues related to the child’s dependency on the state for protection and well-being. The assigned attorney works with the CPI and/or case manager, plus other formal and informal partners such as Judges and Judicial Courts, the child’s guardian ad litem, relevant foster parents, Law Enforcement, and Child Protection Teams to portray to the courts the compelling evidence and related information that sufficiently convinces the judge that it is in the child’s best interest to be separated from his or her family, at least temporarily.

In some cases, the unfortunate reality is that the parent/caregiver is unable

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or unwilling to make the deep changes that must take place in order for his or her child to be returned to the home. Despite the work of the case manager and the teamwork of many others working to help the family succeed, including extended family members, the judiciary, the guardian ad litem program, foster parents and the foster care licensing specialist, it becomes clear that the child cannot return to their family and be safe.

There are times when, after a significant period of time and hard work with the parent/caregiver, the case manager - in partnership with that group of team members assembled on behalf of the family – determines that the parents are unwilling or unable to make the necessary changes the child’s need for a permanent home must be addressed.

In these instances, attorneys in Children’s Legal Services work with the courts to terminate the parent/caregiver’s parental rights. Once termination has been granted, the Case Manager and Adoptions Counselor focus on identifying another family that has the capacity and capability to love and nurture the child and to keep him or her safe.

Foster Care LicensingThe goal of foster home licensure to ensure the physical and emotional safety and overall well-being of children that have been removed from their families and must be cared for by persons with whom they have relative or no familial connection.

The roles of the licensing specialist include: The Partner. The Licensing Specialist is responsible for partnering

with many professionals, Foster Families and the children in their care.

The Regulator. The Licensing Specialist must ensure that safety codes are met, policies are followed and critical goals are embraced by foster homes.

The Assessor. The Licensing Specialist is responsible for the initial and on-going assessment and licensing of Foster Families.

The Mentor. The Licensing Specialist must build relationship with Foster Families. They must be teacher, coach, and advocate for Foster Families. They must be able to identify concerns and determine the best course of action for Foster Families so that they may grow and stretch themselves.

The Record Keeper. The Licensing Specialist is responsible for documenting all interactions, observations with Foster Families and children. They must enter information in system and be able to locate case information for themselves and for the Foster Family.

The Communicator. The Licensing Specialist is responsible for

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recruiting and retaining Foster Families, maintaining customer service, managing conflicts, and advocating for Foster Families and the children in their care. They are the bridge between the Foster Family and the other partners in the system.

The Match-Maker. Licensing Specialists may do matching or work in conjunction with placement services. They must also develop a precise family profile and communicate that profile. They must remind Foster Families to stay within their profile but work on expanding their profile by showing them their strengths and expanding their view of children they are willing to accept.

Adoptions Counselors

The adoptions worker is generally assigned at the time of TPR consult. The adoption worker can then work together with the dependency case manager to complete a child study, begin gathering needed documentation for the subsidy file and if an adoptive family has been identified, the adoption home study. The adoption worker along with mental health professionals can also begin to help older children understand what is happening in the courts, what being adopted means and any concerns the child has.

Once the TPR Order is signed by the judge, the adoption worker can finalize the subsidy file and adoption home study for children with an identified family so that an adoption can occur directly after the 30 day appeal window closes (assuming no appeal is filed). If the child does not have an identified adoptive family, the adoption worker can begin recruitment activities on behalf of the child. Regardless of the child's status with an adoptive family, the adoption worker takes on full case management responsibilities to include monthly visits, judicial reviews, permanency staffings, team meetings, etc. Often, transportation of the child to many appointments, school related visits, etc also fall on the adoption worker as the Department is now the child's legal parent. Trainer Notes: Make sure as you walk through the Safety Methodology flowchart that you highlight the following points:

Assessing Child SafetyParticipants learned about danger threats, child vulnerability and diminished caregiver protective capacities. Share with them that there are two types of danger for children.

The first is present danger, where the child is currently in harm’s way. The maltreatment is immediate, significant and clearly observable and is occurring at the point of the initial reporter contract, although it can occur as well during investigation or when the family is receiving case management

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services.

The second is impending danger, where Because of caregiver behaviors, attitudes, motives, emotions and/or situations posing a specific threat of severe harm to a child, the child is in a continuous or pervasive state of danger. With Impending Danger, child welfare professionals are looking at a family condition which could likely lead to present danger, but has not yet occurred. Impending danger:

Threats are not immediate, obvious or active at the onset of the investigation.

Is often not immediately apparent. May not be actively threatening child safety upon initial contact with

a family. Is often subtle and can be more challenging to detect without

sufficient contact with families.Identifying impending danger requires thorough information collection regarding family/ caregiver functioning to sufficiently assess and understand how family conditions occur.

Make sure to introduce or point out the following tools: Six domains of information collection FFA-investigation Caregiver Protective Capacities Danger Threats (Present) Danger Threats (Impending) Safety Threshold Criteria

Developing, Implementing and Managing Safety Plans Determine the feasibility of an in-home safety plan given household

conditions and dynamics using the 5 criteria as conditions for in-home safety plan and conversely, if removed, the conditions for return with-in home safety plan.

Determine if the parent/legal guardians are willing for an in-home safety plan to be developed and implemented and have demonstrated that they will cooperate with all identified safety service providers.

Determine if the home environment is calm and consistent enough for an in-home safety plan to be implemented and for safety service providers to be in the home safely.

Ensure that safety services are available at a sufficient level and to the degree necessary in order to manage the way in which impending

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danger is manifested in the home. Provide an in-home safety plan and the use of in-home safety

services can sufficiently manage impending danger without the results of scheduled professional evaluations.

Ensure that the parent/legal guardians have a physical location in which to implement and in-home safety plan.

In addition, determine before case transfer what the underlying conditions are that must be addressed to achieve child safety over the long term.

In addition, make sure to manage the transition of the child and family to the case management agency that will supervise and manage the safety plan and address underlying conditions through the case plan and case management. Always be sure to manage child safety, no matter at what point in the dependency process.

When there are no present or impending dangers but scored risk level indicates high or very high probability of future verified maltreatment encourage and guide families as to community resource options.

Lastly, when reports are false (malicious intent), take appropriate actions to ensure law enforcement referral.

Make sure to introduce the following tools: Six domains of information collection FFA-investigation Present Danger Plan Safety Plan

Overseeing and Providing Case Management ServicesDiscuss in detail the process of case management, including decision points and the points at which various child welfare professionals and formal and informal partners become and remain involved.

This portion of the Safety Methodology is important to highlight in depth, even though participants will not remember much of this – it is good to expose them to it so that later in Module 17 of Core and in their specializations, they will at least remember that they have heard these terms.

Make sure to introduce the following tools: (reintroduce) Six domains of information collection FFA-Ongoing Child Needs and Strengths Transtheoretical Model of Change

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Ask: This presentation is only the first time you will be exposed to the Safety Methodology. In fact, we will be discussing the Safety Methodology more in Module 17, as well as in your specializations. However, at this point, does anyone have any questions about what you’ve learned?

Respond appropriately to questions.

End of Module – Transition to Module 9.

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