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PHILOSOPHIC BASE
The process of assessment begins with the first contact with or about a family and continues throughout our involvement with the family. Child Welfare Services are child centered and family focused. Families have the right and responsibility to make their own decisions, as long as doing so does not result in serious harm and/or threats of serious harm to a child. When a child is abused or neglected, the law gives priority to child safety and protection. In order for protection efforts to be effective, family members must be engaged in a respectful manner in both the assessment and planning process. The family, informal and formal supports, and the community, including the tribal community in Indian Child Welfare Act (ICWA) cases and, including the law enforcement community share the responsibility for child safety.
This assessment policy supports our Practice Model in that it focuses on strengths as well as needs. It focuses on assessing the signs of safety, risk and danger and their impact on child safety as well as assessing for child abuse and neglect types. This policy promotes family engagement and inclusion in a team approach to planning and intervention, with child safety first and foremost. In this policy we commit to seeing parents and children regularly (monthly), whether the children are with family or in foster care.
PURPOSE
A Child Protection Assessment is a timely and time-limited process of gathering critical individual, family, and environmental information in order to determine:
| 1. | If a child has been abused or neglected and how severely; |
| 2. | The impact of the abuse and neglect on the child(ren); |
| 3. | Signs of safety, signs of risk, and signs of danger; |
| 4. | How likely it is for a child to experience abuse and neglect within the next six months; |
| 5. | Caregiver strengths and needs related to child safety; |
| 6. | If this is a family in need of Child Protective Services; and |
| 7. | Whether a plan should be developed to assist the family in keeping the children safe. |
LEGAL BASE
Title 22 MRSA section 4003 Purposes
" . . .Recognizing that the health and safety of children must be of paramount concern . . " Subsection 4004 Subsection 2.B.
"Promptly investigates all abuse and neglect cases coming to its attention..."
LEGAL DEFINITIONS
Child Abuse and Neglect:
Abuse and neglect means a threat to a child’s health or welfare by physical, mental or emotional injury or impairment, sexual abuse or exploitation, deprivation of essential needs or lack of protection from these, by a person responsible for the child.
Jeopardy to health, welfare or jeopardy means serious abuse or neglect as evidenced by:
| 1. | Serious harm or threat of serious harm; |
| 2. | Deprivation of adequate food, clothing, shelter, supervision or care, including health care when that deprivation causes a threat of serious harm; |
| 3. | Abandonment of the child or absence of any person responsible for the child, which creates a threat of serious harm; |
| 4. | The end of a voluntary placement when the imminent return of the child to his custodian causes a threat of serious harm. |
Immediate Risk (Threat) of Serious Harm: The category of serious harm constituting an emergency.
Serious harm means:
| 1. | Serious injury; Serious injury is serious physical injury or impairment. |
| 2. | Serious mental or emotional injury or impairment, which now or in the future, is likely to be evidenced by serious mental, behavioral or personality disorder, including severe anxiety, depression or withdrawal, untoward aggressive behavior, seriously delayed development or similar serious dysfunctional behavior; or |
| 3. | Sexual abuse or exploitation. |
| 4. | High Severity Child Abuse and/or Neglect (OCFS Policy) |
OVERVIEW
The process of assessment begins with the first contact with or about a family and continues throughout OCFS involvement with the family.
A Child Protection Assessment is the process of:
| • | Engaging the family and support system, |
| • | Gathering information by using OCFS Practice Model Guidelines, |
| • | Analyzing the information, within the framework of child abuse and neglect, the current signs of safety, risk, and danger and their impact on child safety, permanency and well-being, and |
| • | Exercising informed judgment to reach and explain decisions. |
For every assigned assessment, the level of safety is decided for each alleged child victim immediately following the first face-to-face contacts. The caseworker makes this decision in consultation with a supervisor.
When needed to make a child safe, a Safety Plan is developed to control and manage the signs of danger within the child’s environment. This plan is developed with the parent/caregiver and the family’s informal or formal supports when possible. Law enforcement may have a role in holding the abused accountable.
If the caseworker determines this is a family in need of Child Protective Services, the caseworker will continue to assess for strengths and needs. A Family Team Meeting—inviting the family, their informal and formal supports, tribal representatives, and providers—is convened in order to develop a Family Plan. The Family Plan builds upon family strengths to meet the identified protection needs.
SAFETY DEFINITIONS:
Safety is the degree to which a child is secure from harm and/or serious harm now or in the near future. The decision is reached by considering the presence or absence of child abuse and neglect, the severity of the abuse and neglect, imminence, and the signs of safety, risk, and danger present.
The level of safety is determined immediately following initial contacts, and whenever making assessment/case decisions.
A child is safe when there is no evidence of child abuse and neglect or child abuse and neglect has occurred, but is unlikely to reoccur, and there are no signs of danger present. Signs of risk may be present.
A child is safety compromised when there is evidence of child abuse and neglect, but there are signs of safety present, and any signs of danger can be controlled or managed by a family safety plan.
A child is unsafe when there is evidence of child abuse and neglect and signs of danger or immediate threats of serious harm are present that cannot be controlled or managed by a family safety plan.
Severity: The degree of impact (Low/Moderate or High) or threatened impact of the most severe type/s of child abuse and/or neglect upon the child.
Imminence: The likelihood of a child experiencing or re-experiencing abuse and neglect in the very near future, by looking at the combination of existing safety, risk, and danger signs.
Risk: The presence of parent, caregiver, and/or child behaviors or any conditions that may increase the likelihood that child abuse or neglect will occur at some point in the future.
Threat: The presence of parent/caregiver and/or child behaviors or any conditions that by a preponderance are very likely to result in high severity child maltreatment in the very near future.
Signs of Safety: These are positive factors and/or resources within the family and family environment that are capable of promoting and maintaining child safety (See Appendix 1).
Signs of Risk: These are negative factors and/or the lack of resources within the family and family environment that, because they exist, may be or become challenges to achieve and maintain child safety. These factors also increase the likelihood of a child experiencing child maltreatment (See Appendix 1).
Signs of Danger: These are very serious parental behaviors, conditions, and child or family circumstances that either have caused or very soon could cause high severity child abuse and neglect. When they are present, signs of danger require safety planning. (See Appendix 1.)
144BSafety Planning: A timely process which involves family members and their informal and formal supports when possible, that is designed to create, increase, or support signs of safety, in order to control and manage present signs of danger and threats of serious harm.
Family in Need of Child Protective Services: A family who has experienced child abuse and neglect to the degree that without Child Protective intervention the children are at risk of entering foster care.
Working/Closing Recommendations: A plan made by actively involving parent(s)/caregiver(s) and the Department when concerns for child well-being and safety exist, but there are no present signs of danger and threats of serious harm. This may be used when low/moderate maltreatment is found. The Department may or may not complete a full assessment.
Informal supports: These are family friends, neighbors, extended family members, and community members who are able to help identify family strengths and needs and who are able to help sustain efforts to provide and maintain child safety.
Formal supports: These are service providers and other professionals who are able to help identify family strengths and needs and who are able to help sustain efforts to provide and maintain child safety. This includes tribal representatives in ICWA cases.
Full disclosure: As we work with children, families, and their teams, we will clearly share our purpose, role, concerns, responsibilities, and decisions.
CHILD PROTECTION ASSESSMENT PROTOCOL
OVERVIEW OF AREAS TO EXPLORE AND ASSESS
The depth to which these areas are explored will vary at different phases of an assessment and in relation to the relevance of the allegations:
| • | Relative connections and supports |
| • | Specific allegations and severity of child maltreatment |
| • | All forms and severity of child abuse and neglect |
| • | Need for Safety Planning/DHHS plan for follow-up on progress made |
| • | Level of Safety for each child |
| • | ICWA and other cultural / community connections |
| • | Referral needs (CDS, Case Management, PHN, other services) |
| • | Child(ren)’s needs related to safety, permanency, and well-being |
| • | Needs of parent/caregiver(s) (physical, emotional, social, cognitive, psychological) as they relate to the child(ren)’s safety, permanency, and well-being |
| • | What it is like for each child to live in the home (from the child(ren)’s and parent/caregiver(s)’ perspective) |
| • | Substance Abuse and the impact on the child(ren), |
| • | Domestic Violence and the impact on the child(ren) |
| • | Animal Abuse and the impact on the child(ren) |
| • | Law enforcement involvement |
| • | Informal and formal support systems |
| • | Family strengths and protection needs for the children |
| • | Parent/Caregiver(s)’ readiness to partner with DHHS to meet the identified needs of the family |
| • | Does the Service Members Civil Act apply |
In all assessments:
| • | Documentation of relative contact information. |
| • | Child well-being (Caseworkers will ask parents/caregivers whether any educational, physical and mental health needs for a child exists. When identified, caseworkers will facilitate—as warranted—the parent’s connection with appropriate services.) |
| • | Use of UNCOPE. Exceptions to completing the UNCOPE must be documented in the narrative log. (Refer to page 9 and Appendix 3). |
| • | Caseworkers will explore indicators of the links between animal abuse and child safety. Suggested questions are: |
| o | Are there pets in the home? |
| o | How does each family member treat the pets? |
| o | Do any family members report being afraid for pets in the home? |
ASSIGNMENT ACTIVITIES
1) Prior to initiating the assessment, both the supervisor and caseworker are involved in the assignment process.
2) The Assignment process will identify:
| a) | The specific types of alleged child abuse and neglect, also stating whom allegedly did what to whom and considering each parent/caregiver’s role. Also identify other possible child abuse and neglect types that must be explored given the specifics of the report |
| b) | Identify other possible types of child abuse and neglect given prior agency history |
| c) | Signs of safety present at report |
| d) | Signs of risk present at report |
| e) | Signs of danger present at report |
| f) | Identify, if possible, if this is an ICWA case and if tribal representatives could participate in the contact. As soon as determination is made this is an ICWA case the tribal representative will be notified. |
| g) | Identify cultural, disability, or language factors (need for interpreter services or other accommodations) |
| h) | Identify and prioritize critical case members and collateral contacts to interview. Primary Caregiver and alleged victims will be interviewed within 72 hours of the Report Approval. All other case members will be interviewed as timely as possible prior to the closing of the Assessment. Exceptions must be documented in the narrative log. |
When prioritizing interviews the following interview protocol will be considered:
i) The need, if any to coordinate with law enforcementj) When prioritizing interview the following interview protocol will be considered:
| 1) | Referent--when available, to explore additional signs of safety, risk and danger. |
| 2) | Alleged victim/s (living in or out of the home); |
| 3) | Sibling/s or other children living in the home; |
| 4) | Primary parent/caregiver (living in the home); |
| 6) | Parent or Caregiver living out of the home; |
| 7) | Professional collateral contacts when necessary and appropriate (e.g. police, medical, school personnel); |
| 8) | Other adults living in the home will be interviewed as appropriate, but the timing of the interview depends on the facts of the case. |
| k) | What may need to specifically be done and explored |
| l) | Notification requirement to the parent/caregiver of intent to interview children if needed in accordance with Title 22. Parents/caregivers shall be given notice about our intentions to interview children, unless either of the following two Title 22 MRSA exceptions is met. Whenever prior notice is not provided, the basis for that decision will be specifically documented in the MACWIS narrative and identified as the "Prior notice decision". |
| (1) | When the Department has reasonable grounds to believe that prior notice would increase the threat of serious harm to the child or another person, |
| (2) | When the child contacts the Department or a person providing services puts the child into contact with the Department. The Department may conduct one initial interview with a child [Title 22 MRSA §4021 §3.A]. |
The Assignment Process will be documented in MACWIS. Initial contact can occur prior to documenting the Assignment Process. Documentation can be completed using the Assignment Sheet or MACWIS narrative labeled "Assignment Activities"
CHILD PROTECTION ASSESSMENT ACTIVITIES
| 1) | Review agency history for parent(s)/caregivers(s). |
| 2) | Request criminal background check for parent(s)/caregivers(s) as needed and contact local law enforcement to obtain additional information concerning law enforcement involvement and possible caseworker safety issues. If not done, consider the need for a referral to the District Attorney. |
| 3) | Interview referent and other appropriate collateral contacts, as available. |
| 4) | Initial contact or home visit with parent/caregiver to provide notification. |
| 5) | Interviews with all alleged victims and primary caregivers and at least one home visit to observe the environment within 72 hours of report approval. Exceptions must be documented in the narrative log. Interviews with other family members (children and adults living in the home) in a timeframe that ensures child safety. |
| 6) | Caseworkers will account for the whereabouts and safety of all children in the family – even children reported to be placed out of the home during assessment. Caseworkers must verify with a party independent of this family (ex. Law enforcement, Child Protective Services in another area, school, etc.) that the child is with the person(s) identified by the parent/caregiver and the child appears safe. |
| 7) | Follow protocol for Activities to Locate a Family/Child (refer to Appendix 2). |
8) Caseworkers will use the UNCOPE tool in all assessments. UNCOPE will be used with all parents and caregivers in the home. When concerns are raised for parents and caregivers who live outside the home--but have regular contact with or responsibility for children who are the subject of the assessment—caseworkers should consider using the UNCOPE.
Responses to the UNCOPE are to be documented on the form in MACWIS. When the UNCOPE is not used, the caseworker must document the reason in the narrative log.
The UNCOPE is to be used as a guide. The questions need not be asked verbatim, but should be incorporated into the interview in a natural way. In looking at the UNCOPE form, caseworkers should use the bolded and underlined words to form the question in a way that is relevant to the caregiver’s real life experiences. Follow-up questions should be used to determine the quantity and pattern of the behavior.
Collateral information must be used as part of the UNCOPE and in scoring.
9) Immediately following critical case member interviews the assigned caseworker must be in contact with the supervisor to reach a Preliminary Safety Decision. The Preliminary Safety Decision will be made the same day the first interview is done. This occurs even when all critical case members cannot be interviewed. Assessed signs of safety, risk, and danger as well as whether there is a need and how to proceed with safety planning will be discussed. This contact will be documented in the narrative log.
10) It may be possible at the Preliminary Safety Decision point to close the assessment if the child is safe.
11) Engage in Safety Planning whenever signs of danger are present. When a safety plan is needed, the caseworker will complete a full Child Protections Assessment. Exceptions must be documented by the Supervisor in the narrative log (using "Supervisor Decision") as the contact name.
The following template will be used and entered into MACWIS:
Safety Plan with the ________________________ Family:
| 1. | These are the behaviors/conditions that I believe are making __________ unsafe: |
| 2. | These are the strengths/supports I have that could keep __________ safe: |
| 3. | These are the behaviors/conditions that DHHS believes are making __________ unsafe: |
| 4. | These are the things that DHHS sees that I have previously done to help keep __________ safe: |
| 5. | These are the behaviors/conditions that I will change to keep __________ safe: |
| 6. | These are the changes in behavior/conditions that DHHS believes must be made to keep __________ safe: |
| 7. | This is what may happen if I am successful in making the changes needed to keep ___________ safe: |
| 8. | This is what may happen if I am not successful in making the changes needed to keep __________ safe: |
Signature parent/Caregiver____________________________Date:________
Signature Parent/Caregiver____________________________Date:________
Signature Caseworker_________________________________Date:________
Name of Supervisor___________________________________
12) When needed, the caseworker will make available Working/Closing recommendations by actively involving parent(s)/caregiver(s) when concerns for child well being, safety and when low/moderate child maltreatment exists, but there are no present signs of danger, threats of serious harm, or immediate threats of serious harm. The following Template will be used and entered into MACWIS.
Working/Closing Recommendations for the ____________________ Family:
| 1) | These are the behaviors/conditions affecting my child(ren)’s well-being and safety: |
| 2) | These are the conclusions/risks that have been identified: |
| 3) | These are strengths/signs of safety that have been identified: |
| 4) | In order to ensure my/our child(ren)’s well-being and safety I/we will do the following: |
| 5) | The Department will make the following referrals for services: |
Name of Caseworker Date:
Name of Supervisor Phone #:
13) Clearly share our purpose, role, concerns, decisions, and responsibilities throughout the assessment, including timely in-person verbal and written notifications.
14) When a family is in need of Child Protective Services, contact the family to transition the family to ongoing services through a Family Team Meeting.
| 15) | Seek court action at any point in the assessment or while providing services when that is the only way to provide for and ensure child safety. |
CHILD ABUSE AND NEGLECT ASSESSMENT DECISIONS:
| 1) | In consultation with a supervisor, the caseworker makes the Preliminary Safety Decision (level of safety) for each alleged child victim. This decision is made the same day as initial interviews with the primary caregiver and alleged child victims and documented in MACWIS. |
In determining the level of safety, the following criteria must be considered:
| • | Present signs of safety; |
| • | Present signs of danger-if present the need for a safety plan; |
| • | Whether child abuse and neglect has occurred, it’s severity and the likelihood of reoccurrence; |
| • | The need for a Safety Plan. The completed plan must be entered into MACWIS within 24 hours of completion; and |
| • | Family members’ readiness and capacity to change. |
| 2) | In consultation with a supervisor, the Caseworker makes the decision about whether this is a family in need of Child Protective Services. |
The following criteria will be used in determining whether this is a family in need of Child Protective Services:
| a. | Whenever signs of danger are present and a safety plan has been completed with the family. |
| b. | A petition has or will be filed. |
| c. | When there is a finding of child maltreatment and signs of risk are present that are likely to result in recurrence of maltreatment. These signs of risk include |
| • | Parental substance abuse |
| • | Unmanaged parental mental illness |
| • | Multiple unrelated caregivers |
| • | Child has multiple prior child abuse or neglect findings |
| d. | There is a history of repeated abuse and neglect to children (Caseworker is making an Indicated or Substantiated finding and there was a finding made within the previous 12 months). |
| e. | Intervention and/or treatment have not provided safety for the children. (Safety Plan failure). |
| f. | Referral to a Community Intervention Program is not likely to provide for the safety of the children. (High severity of abuse and neglect; parent(s)/caregiver(s) not willing to accept services). |
| g. | Parent/Caregiver demonstrates no willingness or capacity to change those behaviors and/or conditions making the child(ren) unsafe. |
| h. | The Assessment is a result of a new report on an open case. The new report is linked to the case, findings are made as outlined in policy, and the caseworker goes on to complete the Review (page 17). |
| i. | The parent/caregiver receives a score of 2 or more on the UNCOPE and any of the above criteria also applies. |
| j. | There may be other reasons to determine this is a family in need of services, which can be documented by the caseworker after supervisory consultation. |
A. If the family is found not to be in need of Child Protective Services (Unsubstantiated with no significant risk factors present or Indicated findings and recurrence of maltreatment during the next 6 months is unlikely), the assessment may be closed as Unsubstantiated or Indicated and referred to a Community Intervention Program.
B. If the caseworker determines the family is not in need of Child Protective Services, the assessment must be completed, documented and have supervisory approval within 19 days of the report. Document the following to explain the Child Protection Assessment Decision:
| ii. | With regard to safety for the children of this family, what signs of safety, risk, and danger are present? What are the specific abuse and neglect findings? Level of Safety for each child? |
| iii. | Supports and/or services in place |
| iv. | Referrals for services the Department plans to make on behalf of the family |
C. If the caseworker determines the family is in need of Child Protective Services, further assessment activities must be completed in order to reach the Child Protection Decision, the caseworker will continue the assessment and family planning activities. The decision must be documented in MACWIS within 19 days of the report.
D. In ICWA cases the tribal representative shall be informed whether the case in need of Child Protective Services, is referred to the Community Intervention Program or closed.
3). In consultation with a supervisor, the Caseworker makes the Child Protection Assessment Decision for each child. This decision is reached after critical case member interviews, collateral contacts, home visits, and a Family Team Meeting.
In preparing for the Child Protection Assessment Decision, the following analysis questions (a-e) will be considered and verbally shared at the Family Team Meeting:
| (a) | With regard to safety for the children of this family, what signs of safety, risk, and danger are present? What are the specific abuse and neglect findings? Level of Safety for each child? |
| (b) | With regard to all the developmental and well being (educational, physical, and mental health) aspects of these children, what are the strengths, and what are the needs? |
| (c) | With regard to all the developmental and well being aspects of these children, what are the caregiver’s strengths, and what are the needs? |
| (d) | With regard to the permanency and stability aspects of this family, what are the strengths, and what are the needs? |
| (e) | With regard to support systems for this family (both formal and informal), what are the strengths, and what are the needs? |
The Child Protection Decision must be documented in MACWIS and be approved by the supervisor whenever the assessment is completed, but no later than 35 days from the report. Following the Family Team Meeting, the caseworker will add any additional information to questions a-e, and a statement about the Department’s responsibility (i.e. ending involvement, opening a case, referring to CIP, or referring to other service providers).
Notification to Parent/Caregiver regarding the Department’s child abuse, neglect findings:
| • | Verbal discussion of safety concerns (signs of safety, risk, and danger): |
Decisions made about child maltreatment, family strengths and needs related to child safety, planning for child safety, and Department plans will be shared verbally with parent(s)/caregiver(s) as soon as possible.
Exceptions to this must be made with supervisory approval and documented in the narrative log.
| • | Formal, written notification for Substantiated and Indicated abusers, including supervisor’s signature: |
Child abuse and neglect findings and the basis for the decision will be summarized and shared in letter format promptly following the finding decision.
The basis for the findings will be documented in MACWIS at the time findings are made in (a) of the Child Protection Decision (refer to page 13).
ACTIVITIES FOR CONTINUED ASSESSMENT AND DEVELOPING THE FAMILY PLAN:
| 1) | When sufficient factual information has been gathered that determines this is a family in need of Child Protective Services, the caseworker will partner with the family to continue assessment activities, prepare for a Family Team Meeting, and to develop a Family Plan. Generally, children age 6 or older are to be included in service planning unless there are clinical justifications for not doing so. |
| 2) | Caseworkers will prep the family and supports, schedule, and facilitate a Family Team Meeting for further assessment and identification of individual/family strengths and needs. The team will develop a plan to meet those needs. These activities must be completed, documented, and have supervisory approval within 35 days of the report. |
| • | To prepare for the Family Team Meeting, the analysis questions (Child Protection Decision) are considered and documented (refer to page 13). This information will be verbally shared with the parent(s)/caregiver(s) and their supports at the Family Team Meeting. |
| • | The purpose of the Family Team Meeting is to identify, share, and review the current family strengths and needs related to child safety. This team will help to determine how to help the family meet those needs, as well as how progress will be measured. |
| • | A Family Plan will be developed during this meeting to determine what steps are necessary to meet the needs for child safety, who is responsible, and timeframes for meeting the goal. |
| 3) | The following Family Plan will be used and entered into MACWIS following the Team Meeting. The plan should be signed by the parent(s)/caregiver(s) and DHHS staff. Copies of the Family Plan will be made available for all team participants at the Family Team Meeting. (For children in State custody, this plan will be combined with the child assessment and plan. The case plan with a court-specific cover sheet may serve as the legal summary). |
Family Plan for meeting the needs of the ___________ family:
| 1. | The current strengths of the family related to child safety are: |
| 2. | The current needs with respect to child safety, permanency, and well being are: |
| 3. | The services/supports needed to assist the family with regard to child safety and well being: |
The Caseworker is responsible for:
| 4. | Who will do what/when to carry out the plan: |
| 5. | Progress and change will be measured by: |
| 6. | Possible outcomes in relation to child safety are: |
| 8. | Visitation Plan (if the child is placed outside the home): |
The Family Plan will be reviewed/amended at least every six months or sooner as needed.
I accept the Department of Health & Human Services offer to assist me in obtaining needed services and will receive Targeted Case Management services from the Department in order to gain access to and manage needed medical, nutritional, social, educational, transportation, housing, and other services identified in this plan.
Signature of Parent/Caregiver________________ Date:____________
Signature of Parent/Caregiver________________ Date:____________
Signature of Child (Age 6 and older)___________Date:____________
Signature of Caseworker____________________ Date:____________
Name of Supervisor _______________________
Family Plan Addendum (Court Rehabilitation and Reunification Plan) for _____________________________:
(parent/s)
| 1. | Reasons has been removed from the home: (child/ren) |
| 2. | Needed changes to remove the risk to and to eliminate jeopardy (if present) to the child(ren) in the care of a apparent are: |
| 3. | Rehabilitation services that will be provided and must be completed satisfactorily prior to returning home (including a reasonable time schedule for proposed reunification): |
| 4. | Services and supports to assist the parent(s) in rehabilitating and reunifying (including transportation, child care, housing assistance, etc.): |
| 5. | Relatives/friends who will provide support (including address, phone number, placements, supervising visits, respite, etc.): |
| 6. | DHHS assessment of preliminary kinship placement: |
| 7. | Schedule and conditions for parent-child visits are (reason for not providing): |
| 8. | The financial responsibilities of the parent(s) and the Department during this process are: |
The Family (Court Rehabilitation and Reunification) Plan will be reviewed/amended at least every six months or sooner as needed.
I accept the Department of Health & Human Services offer to assist me in obtaining needed services and will receive services from the Department in order to gain access to and manage needed medical, nutritional, social, educational, transportation, housing, and other services identified in this plan.
Signature of Parent/Caregiver Date:
Signature of Parent/Caregiver Date:
Signature of Caseworker Date:
Name of Supervisor
When needed, after the completion of the Child Protection Assessment, the following activities will be completed in "Case" module:
145BCONTINUING ASSESSMENT ACTIVITIES
| 1) | The Caseworker will continue to assess whether the family is making progress toward the agreed upon goals of the Family Plan and to identify additional needs and strengths. Signs of safety, risk, and danger are re-assessed, and the family plan may require modification. |
| 2) | Caseworkers must meet individually with family members and when needed with extended family members and other family supports as well as contacting service providers to assess progress. |
| 3) | Frequency and type of the caseworker’s face to face visits with the child and family shall be appropriate to the family’s needs and risk to the child and visits occur at least once a month in the home, to: |
| a) | Establish effective working relationships; |
| b) | Assess safety and well being; |
| c) | Monitor service delivery; and |
| d) | Measure and support the achievement of agreed upon goals. |
Service monitoring includes confirmation services were initiated and are appropriate and response to complaints that develop regarding service delivery.
| 4) | Interviews and contacts with family members and collateral contacts, as well as Family Team Meeting activities are to be documented in the Narrative Log. |
REVIEW
| 1) | The caseworker, in consultation with a supervisor must determine the level of child safety and whether the Department needs to remain involved. This should be done as soon as needed, but no later than every six months. |
| 2) | As part of the Review process, the following questions will be explored, shared at the Family Team Meeting, and documented in MACWIS: |
| a) | What are the current signs of safety, risk , and danger? |
| b) | What changes have been made by parent/caregiver(s) in regards to the needs established in the family plan? |
| c) | What additional strengths and needs have been identified since the last assessment: |
| (1) | With regard to safety issues: |
| (2) | With regard to developmental and well being issues for the parents/caregivers: |
| (3) | With regard to developmental and well being issues for the child: |
| (4) | With regard to permanency and stability issues: |
| (5) | With regard to support systems: |
| 3) | Following the completion of the Review process, the Assessment may be closed or a Team Meeting will be held to share information and develop a new Family Plan. |
CLOSING SUMMARY
A closing summary will be documented in MACWIS. This will include:
| • | Brief summary of the reason and nature of involvement including services that were provided and those that will continue; |
| • | Progress/changes made or not made; |
| • | Family functioning at closing including signs of safety, risk and danger; |
| • | Informal and Formal supports and how they will help the family; |
| • | Resulting level of safety for each child; and |
APPENDIX ONE
Some Signs of Safety
These are positive factors and/or resources within the family and family environment that are capable of promoting and maintaining child safety.
| 1. | Caregiver has demonstrated previous restraint from child maltreatment; |
| 2. | Caregiver accepts responsibility for child maltreatment; |
| 3. | Caregiver understands his/her primary role and responsibility is to protect, nurture and provide for the well being of the child(ren); |
| 4. | Demonstrated caregiver affection, attentiveness, concern, nurturance, responsiveness, etc.; |
| 5. | Child turns to caregiver for comfort, getting needs met, support; |
| 6. | Child is capable of self protection; |
| 7. | On target child development; |
| 8. | Previous demonstration of protective action; |
| 9. | Demonstrated self-awareness/positive self-esteem; |
| 10. | Previous appropriate use of informal and/or formal supports; |
| 11. | Evidence of functional relationships in and/or out of the home; |
| 12. | Safe home environment; |
| 13. | Basic child needs being met in a timely, effective and consistent manner; |
| 14. | Caregiver demonstrates empathy towards the child; |
| 15. | Caregiver demonstrates help seeking behaviors; |
| 16. | Caregiver is receptive to Department involvement/intervention; |
| 17. | Open communication among family members; |
| 18. | Regular functional social/community contacts; |
| 19. | Demonstrates the management of stress; |
| 20. | Demonstrated ability to solve problems and apply learning to new experiences; and |
| 21. | Experienced positive parenting as a child. |
Some Signs of Risk
These are negative factors and/or the lack of resources within the family and family environment that, because they exist, may be or become challenges to achieve and maintain child safety. These factors also increase the likelihood of a child experiencing child maltreatment.
| 1. | Presence of significant family stress; |
| 2. | Social isolation/lacking adequate support; |
| 3. | Poor parent/caregiver impulse/self control; |
| 4. | Prior reports of child maltreatment; |
| 5. | Child developmental delays; |
| 6. | Substance/drug misuse, abuse (parent, caregiver or child); |
| 7. | Uncontrolled, unmanaged parent/caregiver or child mental health issues; |
| 8. | Parental/caregiver inability, unwillingness to accept that child maltreatment has occurred, to accept responsibility for child maltreatment or to assume responsibility for child safety; |
| 9. | Unkempt home environment; |
| 10. | Significantly vulnerable child; |
| 11. | Parent/caregiver’s inattentiveness to child; |
| 12. | Marital/adult relationship conflict; |
| 13. | Serious poor child physical health; |
| 14. | Serious parent/caregiver medical issues; |
| 15. | Family finances difficulties; |
| 16. | Unresolved prior parent victimization as a child; |
| 17. | Many transient people frequenting the child’s home; |
| 19. | Excessive, rigid, and/or ineffective parental discipline; |
| 20. | Diminished parent/caregiver protective capacities; |
| 21. | Excessive school absences/school performance issues; |
| 22. | Criminal activity (parent, caregiver or child); |
| 23. | Seriously acting out child; |
| 24. | Prior removal of child custody; |
| 25. | Many service providers working with the family and little or no apparent change in circumstances, behaviors; |
| 26. | Poor problem identification and resolution skills; |
| 27. | Unrealistic expectations of child; and |
| 29. | Caregiver avoids contact with service providers; and |
Signs of Danger
These are very serious parental behaviors, conditions, and child or family circumstances that either have caused or very soon could cause high severity child abuse and neglect. When they are present, signs of danger require safety planning.
| 1. | A parent/caregiver behavior IS violent and/or out of control and this behavior causes or threatens serious harm to a child. |
| • | Violent shaking and/or choking of an infant or young child. |
| • | Use of any extreme physical treatment of a child which causes or is likely to cause an injury. (e.g. torture, extensive bruises, multiple serious abrasions, broken bones, significant hair loss from being pulled, inflicted serious and or multiple burns, internal injuries which may result from kicking, pushing, throwing or slamming) |
| • | Brutal or bizarre behaviors directed at a child and/or adult. |
| • | Use or threatened use of guns, knives or any other weapon or implement which causes or threatens serious harm to a child and/or adult. |
| • | A parent/caregiver expresses bizarre and/or irrational thoughts (demonstrates impaired judgment, sees or hears things that are not there, sees child as "evil"), and these behaviors cause or threaten serious harm to a child. |
| • | Any behavior that indicates a significant lack of self-control (e.g. reckless, unstable, raving, explosive, suicidal and/or homicidal behavior). |
| 2. | A parent/caregiver describes or acts towards a child in predominantly negative terms or has extremely unrealistic expectations of the child. |
| • | Pervasively demeaning, degrading, humiliating, and/or scapegoating a child. |
| • | Expects a child to perform or act in a way that is impossible or improbable for the child’s age (e.g. babies and toddlers not expected to cry, child expected to be still for extended periods of time, to be toilet trained, or to eat neatly). |
| 3. | A parent/caregiver caused high severity child abuse and/or neglect AND is communicating a plausible threat of high severity child abuse and/or neglect to a child. |
| • | Manipulation/retaliation (e.g. threats of having to go into a foster home, not being able to see a parent any more, a parent/caregiver having to go to jail, etc.) for a child’s contact, communication, or disclosure resulting in CPS involvement. |
| • | Terrorizing with threats to kill or seriously harm the child, a loved one, animal, or valued possession. |
| 4. | There are serious maltreatment allegations or there are high severity maltreatment findings, and there is reason to believe the family is about to flee or to refuse access to a child. |
| • | Family has previously fled in response to serious CPS involvement. |
| • | Parent/caregiver says they may flee or it appears as if they are planning to flee. |
| • | Parents are isolating the child in response to CPS intervention. |
| 5. | A parent/caregiver is unwilling or unable to provide sufficient supervision to protect a child from high severity child abuse and/or neglect. |
| • | Parent/Caregiver is unable to recognize threats of serious harm; and therefore, cannot adequately provide supervision to protect the child from the threat(s). |
| • | Even after being made aware of a plausible threat of serious harm, a parent/caregiver’s response indicates he or she will not, even in light of this knowledge, adequately protect and supervise the child from the threat(s) of serious harm. |
| 6. | A parent/caregiver has not or is unable to meet a child’s medical needs that may result in serious health care problems if left untreated. |
| • | Parent/caregiver does not seek treatment for a child’s serious medical condition. |
| • | Parent/caregiver does not follow prescribed treatment for a serious condition. |
| • | A parent/caregiver has removed child from a hospital against medical advice. |
| 7. | A parent/caregiver has previously abused or neglected a child, and the high severity of the child maltreatment or the parent/caregiver’s response suggests that a child’s safety is of serious concern. |
| • | A parent/caregiver has previously lost custody of a child as result of a child protection proceeding. |
| • | There is a chronic and/or an escalating pattern of maltreatment. |
| • | Parent/caregiver does not acknowledge or take responsibility for prior serious harm to a child. |
| 8. | A child is fearful of people living in or frequenting the home, and there are serious allegations or high severity child maltreatment. |
| • | A child cries, cowers, cringes, trembles or otherwise exhibits fear in the presence of certain individuals or verbalizes such fear. |
| • | Child exhibits severe anxiety (e.g. nightmares, insomnia) related to a situation associated with a person(s) living in or frequenting the home. |
| • | Child reasonably expects retribution or retaliation from parent/caregiver. |
| 9. | A parent/caregiver is unwilling or unable to meet the child’s immediate safety needs for food, clothing, and/or shelter, which causes or threatens serious harm. |
| • | A child is deprived of food and/or drink for prolonged periods of time and/or a child appears to be malnourished. |
| • | Lack of parental response to identified threat(s) which fail to protect from unsafe, hazardous, and/or no housing (in dangerous weather/environment) |
| • | Dangerous substances or objects within reach of a vulnerable child. |
| 10. | There is reason to believe that child sexual abuse has occurred AND current circumstances suggest that the child’s safety may be of immediate concern. |
| • | Alleged abuser has continued access. |
| • | A parent/caregiver has not demonstrated the ability or willingness to believe and/or protect a child from sexual abuse. |
| 11. | A parent/caregiver’s reported and/or observed drug or alcohol abuse seriously affects his/her ability to supervise, protect, or care for a vulnerable child. |
| • | A parent/caregiver has misused drugs and/or alcohol to the extent that judgment and actions are seriously impaired. |
| • | A parent/caregiver’s active use of substances that result in impulsive, dangerous behaviors. |
| • | Co-sleeping in combination with substance abuse, or use of unsafe sleeping environment. |
| 12. | A parent/caregiver’s reported or observed behaviors are indicative of serious physical, mental illness or developmental disability, which has or may soon seriously effect his/her ability to supervise, protect, or safely care for a vulnerable child. |
| • | A parent/caregiver refuses supports and/or services that would enable the parent/caregiver to safely care for and protect a child, given the parent/caregiver’s serious physical or mental limitations (i.e. medication). |
| 13. | A batterer of domestic violence affects the ability of the adult victim of the domestic violence to care for and/or protect a child from high severity maltreatment. |
| • | A parent/caretaker is unable to provide basic care and/or supervision for the child because of injury, incapacitation, forced isolation, or other controlling behavior of the alleged or observed domestic violence abuser. |
| • | A parent/caregiver is forced, under threats of serious harm, to participate in or witness abuse of a child, and/or a child is forced, under threat of harm, to witness or participate in the abuse of a parent/caretaker. |
| • | A batterer has caused unexplained injuries, and the adult victim’s explanations are inconsistent or contrary to credible information (from a child, neighbors, previous police reports, etc.) |
| 14. | A child’s behavior triggers a parent/caregiver’s inappropriate response that caused or is likely to cause serious harm to a child. |
| • | A parent/caregiver cannot tolerate a crying infant who cannot be soothed. |
| • | A parent/caregiver has unrealistic expectations and an inability to tolerate a child who cannot meet his or her expectations. |
| • | A child demonstrates uncontrolled, rageful, or aggressive behavior. |
| 15. | A parent/caregiver’s explanations for serious maltreatment and/or serious unexplained child injuries are inconsistent with credible supporting evidence or change over time. |
| • | A serious injury that is inconsistent with the explanation given by the parent/caregiver. |
| • | A child who has a serious injury, and everyone who has had access and opportunity denies responsibility for the injury. |
| 16. | There is evidence of and/or a report of abuse/neglect related to a child’s death or an unexplained child’s death. |
| • | More than one "SIDS" or other unexplained death in the family. |
| • | A parent/caregiver was present when a child died and he/she has no explanation for the cause of death. |
| • | A parent/caregiver uses a child care provider whose actions contributed to a child’s death. |
APPENDIX TWO
Activities to Locate a Family and/or Child:
| 1. | Prior to attempting subsequent visits with the family and/or child, the caseworker will ascertain whether the address appears to be accurate. The caseworker will utilize other resources in the following priority and will document their efforts in the narrative log under the heading "Activities to Locate." |
| A. | Department of Health and Human Services, Office of Child and Family Services records, open or closed, in local offices, other regions, and central files maintained by Statewide Intake Unit. (Refer to Intake Screening and Assessment, Section IV, Subsection C); |
| B. | Other Department of Health and Human Services records maintained by Income Maintenance (TANF, SSI, Food Stamps), Welfare Employment Education Program, Support Enforcement and Location Unit, Public Health Nursing. Medical claims (Title XIX) records are confidential and cannot be used; |
| C. | Other public sources such as: Division of Motor Vehicle Registration (which maintains records of both drivers licenses and vehicle registration); telephone companies; utilities; and post offices; |
| D. | Other providers who appear to have had contact with the family/child (e.g., school, health providers, law enforcement, day care centers, mental health providers, tribal child welfare, etc.); |
| F. | Landlords and/or neighbors; |
| G. | Appropriate computer-based searches; and |
| 2. | Telephone calls may be made, registered letters may be sent, and/or notes to contact the caseworker may be left at the home or other places the family may frequent, if it appears such activities would enhance the likelihood of locating the family. Careful consideration should be given to whether any of these activities would create a threat of harm to the child or another person. |
| 3. | The caseworker will maintain confidentiality as prescribed by Title 22 MRSA §4008, and will disclose only as much information as necessary. In some instances, the caseworker may need only identify himself/herself as an employee or social worker with the Department. In other instances, he/she may need to explain that this is a child protection matter. |
| 4. | If the caseworker has reasonable cause to believe that a resource has information which will assist the caseworker in locating the family/child, and the resource will not voluntarily release the information, the caseworker will contact the Assistant Attorney General regarding an investigatory subpoena (see Investigatory Subpoenas, Section XI, Subsection P). |
| 5. | The Caseworker will continue the tasks outlined in the Assignment Sheet. |
| 6. | If the family cannot be located within 120 hours of the receipt of the report the caseworker may determine which resources are likely to come into contact with the family/child and notify these resources of the caseworker’s need to meet with the family. Resources may also be notified by telephone. |
| 7. | If there is reasonable cause to believe that a child is in jeopardy, a petition will be filed in the court covering the geographic area where the child was last known to be. |
| 8. | If the family/child cannot be located within 19 days of the receipt of the report, the assessment will be closed at the local level as unsubstantiated. Extensions of time for closing must have supervisory approval and the reason must be documented in MACWIS. The caseworker will indicate in the closing summary that this assessment is closed as unsubstantiated, because the family could not be located. |
APPENDIX 3
UNCOPE
U - Used I C
Question: "In the past year, have you drank or used drugs more than you meant to?" Or
"Have you spent more time drinking or using than you intended to?"
N - Neglected I C
Question: "Have you ever neglected some of your usual responsibilities because of using alcohol or drugs?"
C - Cut Down I C
Question: "Have you felt you wanted or needed to cut down on your drinking or drug use in the last year?"
O - Objected I C
Question: "Has anyone objected to your drinking or drug use?"
Or
"Has your family, a friend, or anyone else ever told you they objected to your alcohol or drug use?"
P - Preoccupied I C
Question: "Have you ever found yourself preoccupied with wanting to use alcohol or drugs?"
Or
"Have you found yourself thinking a lot about drinking or using?"
E - Emotional Discomfort I C
Question: "Have you ever used alcohol or drugs to relieve emotional discomfort, such as sadness, anger, or boredom?"
# of Positive responses by Individual being screened
# of Positive responses indicated by Collateral information:
Total Score (Total # of positive responses by Individual and/or Collateral per question -–max. total score of 6)
|