DFCS Online Policies & Procedures

  DFCS Online Policies & Procedures

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Handbook 7: Realtive Home Approvals
7-14  Child Abuse and Neglect Record Review
Relative Home Approvals
7-14  Child Abuse and Neglect Record Review
Reference Points
Overview
When Is a Review Not Needed
Confirming the Person's Identity
How to Request a Child Abuse and Neglect Record Review
Procedures for a Child Abuse and Neglect Record Review
Grievance Rights
Other References


Reference Points
Effective Date: 5/1/07
Last Updated: 4/3/08
 Non CWS/CMS Forms:
MS Word Exemption/Review Request Letter (SCZ200N)
MS Word Child Abuse and Neglect Record Review Memorandum (SCZ200M)
MS Word Exemption/Review Decision Letter (SCZ 200P)


Overview  

During the course of a child abuse record check, a child abuse history may be found regarding the prospective caregiver or an adult living in the household or having significant contact with the child. When this occurs, the caregiver may submit a written request for a Child Abuse and Neglect Record Review of the record, which is a procedure designed to determine if the individual with the record is suitable to reside in the same home as the child or to have significant contact with the child.

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When Is a Review Not Needed   It is not necessary to submit a request for a Child Abuse and Neglect Record Review, if there are other deficiencies that prevent approval of the relative or NREFM home.
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Confirming the Person's Identity  

When the CWS/CMS database, the Child Abuse Central Index (CACI) or another state's child abuse record registry shows that a person has a child abuse or neglect record, the social worker confirms that the person identified in the child abuse or neglect records is the same person in question by:

  • Verifying that the spelling of the subject's name, date of birth and social security number match the child abuse or neglect records.
  • Comparing any physically identifying information in the referral with such information in CACI and with the physical appearance of the person.

If the identity match is still questionable, state to the person that you want to give him/her an opportunity to provide information related to the alleged abuse or neglect reported by the Department of Justice or other state's registry.  If the person says nothing, ask, "Have any child abuse reports ever been made against you?"  If the person says no, give partial information, such as "Do you remember an incident investigated by ________on approximately______?"  Identity is confirmed if the person admits something happened on the date indicated, even if the person does not agree with the allegations in the report.

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How to Request a Child Abuse and Neglect Record Review  

Upon finding a child abuse/neglect record, the social worker:

  • Explains to the caregiver that a child abuse record had been found regarding the caregiver or other adult needing clearance for the relative home approval.
  • Does not reveal the details of the record, unless record is in regards to the caregiver herself/himself.
  • Advises the caregiver that, if the caregiver wishes to proceed with the home approval process, the caregiver must request a Child Abuse and Neglect Record Review to determine the suitability of the individual for whom a child abuse record has been found.
  • Explains that the request for a Child Abuse and Neglect Record Review must come in writing from the caregiver.

The caregiver may submit the request for the Child Abuse and Neglect Record Review by:

  • Writing a letter composed by the caregiver, or
  • Using the Exemption/Review Request Letter (SCZ200N).
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Procedures for a Child Abuse and Neglect Record Review  

If the caregiver requests a Child Abuse and Neglect Record Review:

The social worker:

  • Reviews emergency response records.
    • If the referral was in another county or state, the social worker can obtain detailed information about the referral and its disposition from child abuse report screening staff or their designee in the other county or state.
  • Confers with any DFCS staff who may have knowledge of the referral, the referral disposition and/or the current status of the child, family and other persons associated with the referral.
  • Interviews the adult who has the child abuse or neglect record to learn his or her account of the referral and any services received.
  • Completes the Child Abuse and Neglect Record Review Memorandum (SCZ200M).
  • Submits the SCZ200M to the supervisor for review.
  • Sends the caregiver an Exemption/Review Decision Letter (SCZ 200P), with the decision of the SSPM.

The supervisor:

  • Reviews the SCZ200M.
  • Approves the recommendation by signing and dating the form.
  • Forwards the form to the Social Services Program Manager (SSPM).

The SSPM:

  • Reviews the SCZ200M.
  • Approves or denies the recommendation with a dated signature.
  • Returns the form to the social worker.
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Grievance Rights  

If the caregiver is found to be unsuitable to reside with or have significant contact with the child, the social worker informs the caregiver of the grievance procedures.  A prospective relative or NREFM caregiver whose home has been deemed not to meet the approval standards has access to the grievance procedures, provided they appeal the agency's decision in writing within 10 working days of their receipt of the notice. There are no grievance rights, if any adult other than the caregiver himself/herself is found unsuitable by the SSPM or Director.

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Other References  
bullet2 OPP Chapter 7-9: Relative Home Approval Grievance Procedures
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