Penal Code Section 11165.5, in pertinent part, says “…’Abuse or neglect in out-of-home care’ includes physical injury inflicted upon a child by another person by other than accidental means, sexual abuse…, neglect…, unlawful corporal punishment or injury…, or the willful cruelty or unjustifiable punishment of a child…, where the person responsible for the child’s welfare is a licensee, administrator, or employee of any facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency. ‘Abuse or neglect in out-of-home care’ does not include an injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer.”

Penal Code Section 11165.9, in pertinent part, says “…[DFCS] shall accept a report of suspected child abuse or neglect whether offered by a mandated reporter or another person, or referred by another agency, even if the agency to whom the report is being made lacks subject matter or geographical jurisdiction to investigate the reported case…”

Referrals received on children who are not supervised by DFCS and have been abused and/or neglected in out-of-home care are evaluated-out to the appropriate law enforcement agencies and cross-reported to the appropriate licensing agency.

When a Screening social worker receives a referral on a child(ren) not under DFCS supervision who is alleged to have been abused/neglected in out-of-home care, the Screening social worker:

1. Gathers information from the reporter.
   • Complete pages 3 and 4 of the CAT Response Determination Tool as part of the information gathering process.
   • If there are children in the facility under DFCS supervision who are at substantial risk of harm, follow instructions in OPP Chapter 1-5.1: CANC: Referrals Regarding Children in Out-of-Home Care Who Are Under DCFS Supervision.
     
    
2. Creates the referral in CWS/CMS.    
   
   
3. Identifies the law enforcement agency with jurisdiction to investigate the allegation.
   • Cross report to that agency and to the District Attorney’s office.
   • Do not cross-report allegations of general neglect to law enforcement.
     
    
4. If the abuse/neglect occurred in a group home or community care facility, telephones Community Care Licensing (CCL) and cross-reports all allegations.
   • Complete a separate written SS 8572 and submit it to CCL.
   • See OPP Chapter 1-5.1, if the child is under DFCS supervision.
     
    
5. If the abuse/neglect occurred in a licensed foster home, telephones the DFCS Licensing Investigation social worker and cross reports the allegations.
   • Generate a separate SS 8572 and submit it to the Licensing Investigation social worker.
   • See OPP Chapter 1-5.1, if the child is under DFCS supervision.
     
      
6. Evaluates-out the referral.  
   
   
7. Submits the referral to the Emergency Response clerical.
   • ER clerical will forward the referral to the Screening social work supervisor for approval.

Screening Social Work Supervisor

1. Reviews the referral:
   • If steps 1-6 above have not been completed, take corrective action.
   • If steps 1-6 have been completed correctly, approve the referral as evaluated out.