Practices and Procedures Guide

2500. SERVICE DELIVERY

2510. Description

The social worker's primary goal is to attempt to ensure the safety of the child within the context of the child's need for permanence in a family setting. The social worker's emphasis is to strengthen the family in order to prevent removal and/or reduce the length of stay in temporary out-of-home care.

2511. Service Model

DCFS employs the least intrusive service delivery model which engages the family in problem solving efforts provided the child is adequately protected. Service delivery is based upon and designed to build upon assessed family strengths. The level of agency involvement with continuing service cases will be commensurate with the level of assessed risk.

2512. Accessing Available Services

DCFS supervisors are responsible for orienting all social work staff with information regarding agencies and services available to clients. Social workers refer clients to appropriate available services necessary to alleviate the risk of CA/N. Such services include FPS and IFPS. See chapter 4000, section 4502 for complete descriptions of the two programs.

2513. Case Management Functions

Service delivery/case management functions include:

Ongoing review of case plan as needed.
Regular assessments of risk of CA/N.
Coordination of service delivery, including assisting families and children in accessing DSHS and community resources.
Consulting with service providers regarding:
1. Reason for referral.
2. Family's attendance and progress in service efforts.
3. Provider/family identification of service needs.
4. Other case coordination.
Monitoring a child's safety.
Assessing and monitoring the ability of a non-offending parent or caretaker to protect the child from further CA/N.
Decision-making regarding the timing and goals of permanency planning.
The assigned social worker shall invite the following parties to any staffing in which decisions regarding the child are being made.
1. Treatment Providers;
2. Other professionals who play a significant role with the family;
3. Individuals with responsibilities identified in the safety plan;
4. The family, if appropriate, if not present, their perspective should be represented;
5. Foster Parent;
6. Child, if over 12 years of age.

2514. Service Continuity

The supervisor shall work to assure continuity of service delivery when CPS cases are transferred from one social worker to another. Continuity of service delivery includes communication and case staffing among DCFS staff who have recently worked on the case.

2520. Investigation

The social worker shall complete an investigative risk assessment on all investigations of child abuse and neglect upon completion of the investigation within 45 calendar days of Children's Administration receiving the referral unless the requirement is waived by the supervisor per section 2610.

2530. Service Outcomes

The social worker shall achieve one of three outcomes for investigations:

A written voluntary service agreement with the family signed by the participants.
A dependency action filed in juvenile court.
Closure of the case.

2540. Investigative Assessment

The Investigative Assessment (IA) must be completed within 45 days of Children's Administration receiving the referral.

A complete Investigative Assessment will contain the following information:

A narrative description of:

History of CA/N (prior to the current allegations, includes victimization of any child in the family and the injuries, dangerous acts, neglectful conditions, sexual abuse and extent of developmental/emotional harm).
Description of the most recent CA/N (including severity, frequency and effects on child).
Protective factors and family strengths.

Structured Decision Making (SDM) risk assessment tool.
Documentation that a determination has been made as to whether it is probable that the use of alcohol or controlled substances is a contributing factor to the alleged abuse or neglect.
Disposition; e.g., a description of DCFS case status.
Documentation of Findings regarding alleged abuse or neglect. Findings will be base on CA/N codes designated in the referral according to the following definitions:

Founded means: Based on the CPS investigation, available information indicates that, more likely than not, child abuse or neglect as defined in WAC 388-15-130 did occur.
Unfounded means: Based on the CPS investigation, available information indicates that, more likely than not, child abuse or neglect as defined in WAC 388-15-130 did not occur. RCW 26.44.020
Inconclusive means: Following the CPS investigation, based upon available information, the social worker cannot make a determination that, more likely than not, child abuse or neglect has or has not occurred.
When a third founded finding is made involving the same child or family within the previous 12 months, CA must promptly notify the Office of the Ombudsman of the contents of the report and disposition of the investigation.

The SDM risk assessment tool (located on the risk tab of the IA) is required as part of the Investigative Assessment and is used to determine if ongoing services are required.

The SDM tool is completed:

Prior to a determination to offer ongoing services monitored by CA through a voluntary service plan with the family (except when emergent service(s) are required).
Prior to a case being transferred to CFWS when a dependency petition is filed.

An SDM score of "moderately high" indicates an elevated risk of future maltreatment and an indication that services should be offered to the families to prevent future maltreatment. If DCFS is not going to provide services to these families, an explanation is needed as to why. The social worker will document the reason under the disposition tab by choosing one of the following:

"Transferred to Tribal authority" if Tribe is assuming responsibility for providing services and monitoring the family.
"Other" and in the text box document a brief explanation why the case is not being opened for services and address specific factors in the risk assessment that made the family score as "moderately high."

When the SDM score is "high" services will be offered to the family. If CA will not be offering ongoing services to families that score "High" the social worker will document the reason under the disposition tab by choosing "Reason services are not being provided to the family by CA (Final risk level is high)".

2550. Special Procedures

2551. Referrals on Substance Abuse during Pregnancy - Intake Screening

Intake must take the following actions regarding reports of substance abuse during pregnancy.

Document a pregnant woman's alleged abuse of substance(s) (not medically prescribed by the woman's medical practitioner) in a referral as "Information Only."
Document available information on the following risk and protective factors, in addition to information collected from the Practice Guide to Risk Assessment:

Current substance abuse (specific substance(s) used, frequency, intensity, duration and amount of use).
History of substance abuse (e.g., periods of abstinence).
History of or refusal to enter substance abuse treatment.
Results of prior substance abuse treatment.
Current prenatal care and name of physician or obstetric care provider.
History or current presence of domestic violence.
Previous history of serious mental health disorder and/or postpartum mood disorder.
Environmental factors, including exposure to toxic chemicals (i.e. drug manufacturing).
Support available to the pregnant woman.

Information from 1-9 above, in addition to information collected from the Practice Guide to Risk Assessment will be documented as information under the Caretaker Tab. This information may be used to inform for future risk assessment of the child.

Refer all "Information Only" prenatal substance abuse referrals to the local Community Services Office (CSO) who will make determination of eligibility for the First Steps program or referral to chemical dependency services. Upon receipt of a referral involving an Indian child, CA intake will send referrals to the Tribe for the Tribe's information. Refer to ICW Manual Section 05.05.
Follow the intake procedures (outlined in section 2220 Practices and Procedures Guide) when there is a pregnant woman who is parenting a child and there is an allegation of child abuse or neglect (CA/N) or a risk of imminent harm to the child.

2552. Referrals on Newborns Identified by a Medical Practitioner as Affected by Substances (Not Medically Prescribed) or Has Withdrawal Symptoms Resulting from Prenatal Substance Exposure.

Definitions

A child is considered to be a "newborn" or "neonate" up to age 1 month (4 weeks old).
A Substance-Exposed Newborn is one who tests positive for substance(s) at birth, or the mother tests positive for substance(s) at the time of delivery or the newborn is identified by a medical practitioner as having been prenatally exposed to substance(s).
A Substance-Affected Newborn is one who has withdrawal symptoms resulting from prenatal substance exposure and/or demonstrates physical or behavioral signs that can be attributed to prenatal exposure to substances.

Intake Screening

Intake staff must take the following actions on all referrals that identify a newborn as exposed to substance(s).

Substance-Exposed but not Substance-Affected:

A referral on a newborn exposed prenatally to substance(s) that is not AFFECTED and does not have allegations of CA/N or imminent risk of harm must be documented as "Information Only."

Substance-Exposed and Substance-Affected:

Accept a referral for Alternative Intervention when the newborn has been identified as AFFECTED by substance(s) or has withdrawal symptoms resulting from prenatal substance exposure AND known risk factors indicate a low or moderately low risk to the newborn.
Accept a referral for CPS Investigation when the newborn has been identified as AFFECTED by substance(s) or has withdrawal symptoms resulting from prenatal substance exposure AND known risk factors indicate a moderate to high risk or is at risk of imminent harm.

Intake Documentation

Check the box "Substance EXPOSURE evident at birth" on the "Person Involved Tab" of the intake referral for the mother and newborn when the newborn is exposed prenatally to substance(s). Refer to definition of substance exposed newborn in 2552(A).
Document whether the medical practitioner identified the newborn as AFFECTED by substance(s) AND available information on risk and protective factors outlined in 2552 (B).

Response to Accepted Referrals

CA staff must take the following actions on all referrals that identify a newborn as AFFECTED by substance(s).

Alternative Intervention: When known risk factors indicate a low or moderately low risk to the newborn:

Assign a CA social worker to make contact with the family which includes a "Plan of Safe Care" as required by CAPTA and assistance in obtaining concrete services to reduce risk of abuse and neglect of children. The social worker will complete the GAIN SS if the parent is not involved in mental health or chemical dependency services.

After January 1, 2008 make a referral to an Alternate Response Services (ARS) provider. The provider shall make contact with the family which includes a "Plan of Safe Care" as required by CAPTA and assistance in obtaining concrete services to reduce risk of abuse and neglect of children.
The assigned ARS provider or CA social worker will document the "Plan of Safe Care" in an ARS report to CA or in a SER depending upon who completes the plan.

The plan will include, but is not limited to:

Medical care for the newborn.
Safe housing
A plan of child care if the parent(s) is employed or in school.
A list of phone numbers and contacts for the parent(s) to call, including

Emergency care for the newborn.
Help with parenting issues.
Help during a crisis.

A referral for the parent to necessary services (e.g., local Chemical Dependency Professional, Substance Abuse Assessment/treatment, or Mental Health Assessment/treatment).
A referral to other resources that may be of support (e.g. First Steps, Safe Babies Safe Moms (CPS clients are a priority population), Parent Child Assistance Program, Public Health Department, Women, Infant and Children (WIC), etc.).

CPS Investigation when known risk factors indicate a moderate to high level of risk to the newborn social workers must complete a "Plan of Safe Care", and follow procedures outlined in the GAIN SS policy and CA Practices and Procedures Guide, Section 2331, Investigative Standards.

2553. Institutional Abuse

Institutional abuse is any child maltreatment as defined in DSHS Administrative Policy 8.02, Client Abuse, occurring in any DSHS certified, licensed, or staffed child care facility, including adoptive home placements prior to finalization. For investigation, DCFS staff shall follow the policy and procedures outlined in the Operations Manual, chapter 5000, section 5300.
The social worker shall report through the supervisor all incidents of alleged CA/N in DSHS staffed, licensed, or certified facilities using the steps outlined in the CA Operations Manual, chapter 5000, section 5100.
Certified and licensed facilities include foster homes, including those licensed by child placing agencies, child day care facilities, group homes, hospitals, Crisis Residential Centers (CRC), and some juvenile detention facilities. Division of Licensed Resource, CPS Section must notify the licensing authority of alleged CA/N and must investigate in accordance with the Operations Manual, chapter 5000, section 5300. Any plan for remedial action with the facility must be the responsibility of the licensing authority. The CPS social worker and the licenser must consult during the investigation. WAC 388-73-036, 388-73-048, and 388-73-050

2554. Alleged Abuse of Child Clients by DSHS Personnel

The social worker takes referrals using CAMIS intake and must attach any supporting documents. See the CA Operations Manual, chapter 15000, section 15303, for procedures regarding administrative files.
The intake social worker places all relevant material into a confidential file folder and brings it immediately to the attention of the supervisor.
The supervisor briefs the area manager and agrees on a plan for independent investigation by CA staff which includes the following elements:
1. Consultation with the Office of Special Investigations (OSI) under DSHS Administrative Policy 6.01.
2. Referral to the Employee Services Director for possible investigation per DSHS Administrative Policy 6.01.
3. Designation of specific CA social work staff to conduct the investigation.
4. Making an initial incident report to the Regional Administrator;
5. Notification to law enforcement as required by RCW 26.44.030 and 74.15.030.
6. Notification to the head, or designee, of the facility where the staff is employed that:
  1. A CPS referral has been made.
  2. A CPS investigation will follow.
  3. No action shall be taken by the facility which might interfere with the CPS investigation.
7. Assessment of the alleged perpetrator's access to the child victim or other potential child victims.
8. The immediate treatment and protection needs of the child and willingness or ability of the agency to meet those needs.
9. Notification of the parents and/or person(s) who had legal custody prior to the grant of legal custody to the state of the alleged victim and the facility head of the allegations and the results of the CPS investigation.
10. Provision of the written results of the investigation to the Assistant Secretary through the Regional Administrator on an incident report format, in accordance with the incident reporting provisions of the Operations Manual, chapter 5000, section 5100.
The CPS social worker must coordinate the investigation with other authorized investigative activities.
The assigned social worker and the supervisor are responsible for the assessment of continued risk to the alleged victim.

2555. Alleged Medical Neglect in Health Care Facilities

DCFS investigates alleged incidents of medical neglect, including the withholding of medically indicated treatment from a disabled infant with a life-threatening condition, in a health care facility. As used in this section, withholding medically indicated treatment means: The failure to respond to a child's life-threatening conditions by providing treatment which, in the treating or consulting physician's reasonable medical judgment, will be most likely to be effective in ameliorating or correcting such conditions.
There are three exceptions to the requirements that treatment be provided. Determination of exceptions is a medical responsibility. Exceptions are valid for cases in which:
1. The child is chronically and irreversibly comatose.
2. The provision of treatment would merely prolong dying or would not be effective in ameliorating or correcting the child's life-threatening conditions, or otherwise would be futile in terms of survival of the child.
3. The provision of such treatment would be virtually futile in terms of the survival of the child and the treatment itself under such circumstances would be inhumane.
  Appropriate nutrition, hydration, and medication must be provided without exception. The medical professional reviewing the medical decision shall not base consideration on the quality of life in later childhood and adulthood in determining whether an exception may be made.
The CPS social worker shall:
1. Promptly notify the individual designated by and within the health care facility of cases of alleged medical neglect.
2. Coordinate and consult with individuals designated by and within the health care facility throughout the ongoing investigation.
3. Meet with the individual designated by the facility to review the medical record.
4. Observe the child.
5. Consider the referral unfounded when:
  1. The child is not at risk.
  2. The medical records indicate that the attending physician's plan to withhold medical treatment has been reviewed and concurred with by two consulting physicians or an infant care review committee (or similar institutional/medical review) which includes the concurrence of two consulting physicians.
    1. Provided that at any time the department may review any decision with the Medical Consultation Network, telephone 1-800-326-5300, or other consulting physician as may be designated by the department, in determining the need for CPS intervention.
    2. The department has final responsibility for determining whether further intervention or court referral is necessary.
6. Request that a meeting be scheduled as soon as possible with appropriate hospital/medical staff to review the decision to withhold treatment when it is not clear or documented that the conditions in number 5 above exist. Such a meeting shall include:
  1. The hospital or facility designee.
  2. The attending physician.
  3. The CPS social worker.
  4. The DCFS medical consultant (as necessary).
  5. Others as appropriate.
7. Pursue remedies, including initiating a dependency action in juvenile court, as may be necessary to prevent the withholding of medically indicated treatment from children with life threatening conditions.
8. Encourage inclusion in treatment of appropriate nutrition, hydration, and medication regardless of the child's condition or prognosis.
Hospitals/health care facilities involved in the care of children are an important reporting and monitoring resource for DCFS. Local DCFS offices shall maintain and update annually agreements with each facility that shall include the following elements:
1. Procedure specifying that the CPS social worker shall promptly contact the facility to obtain the name, title, and telephone number of the individual(s) designated by such facility for the purpose of coordination, consultation, and notification of CPS concerns involving the facility.
2. CPS referral procedures consistent with the intent of RCW 26.44 that facilitate direct referral by the person observing the risk situation.
3. Arrangements for preliminary interviews of children by the CPS social worker before notification of parents when such notification of parents would interfere with the appropriate collection of information.
4. Arrangements for allowing access to medical records by the social worker involved in a CPS investigation.
5. Procedure for the placing of a child in temporary protective custody by a hospital administrator or physician as specified by RCW 26.44.056.
6. Procedure for the investigation of alleged incidents for medical neglect by the facility, including the alleged withholding of medically indicated treatment from a disabled infant. Such a procedure may include:
  1. Continuation of medically necessary treatment upon notification that DCFS has received a referral. When necessary to maintain medical treatment, the facility administrator shall take action to allow the initial CPS review to be completed.
  2. Notification to parents regarding the review of the decision to withhold treatment shall be deferred to the facility when the facility is willing to accept that responsibility.
  3. Agreement and procedures for the meeting of the social worker and facility representatives, including, as necessary, the contracted medical consultant designated by DCFS.
  4. The social worker may refer unresolved issues to the Attorney General's Office or its designee for consideration of grounds for dependency to assure the continuation of medically necessary treatment.

2556. Referrals to CPS from Residential Facilities when Alleged Abuse Occurred Prior to Placement

DCFS response when a child in a residential treatment facility, institution, or group home discloses past sexual or physical abuse which did not occur in the facility includes:
1. Where to Report
  1. CPS intake in the office currently authorizing or supervising the placement of the child (placing office) has primary responsibility to receive a report regarding previous CA/N.
  2. Intake serving the area in which the facility is located shall take the referral when:
    1. The child is not a DCFS-related placement.
    2. The facility is unable to contact the placing office.
2. CPS Response to Reports
  1. When CPS in the local office serving the area where the facility is located receives a call, the intake worker:
    1. Obtains the following information as necessary to identify the case and the placing office:
      - A brief description of the information.
      - The name, birth date, and case number (if any) of the child.
      - The name and address of the child's parent(s) or other caretaker.
      - The name of the family's caseworker, if any.
      - The name and phone number of the reporter.
    2. Calls CPS intake in the placing office. If this can be done with the facility on hold, then the worker need only connect the facility when the placing office is on line. If the facility is not on hold, the above information will be given to CPS intake at the placing office.
    3. Will be available to provide coordination and facilitation of the referral; e.g., interview the child victim or other facility staff when requested by the placing office.
    4. Provides consultation and assistance to facilities in their area regarding what constitutes CA/N and what are the reporting requirements.
  2. The placing office coordinates the:
    1. Investigation, including the interview of the child.
    2. Reports to law enforcement.
    3. Other activities as necessary.
  3. The placing office:
    1. Has CPS in the location of the facility conduct the investigation.
    2. Completes the CAMIS referral with the notation "This is a residential facility" and screen the referral for sufficiency.
    3. Informs the referrer of the initial decision and reason.
      - If accepted, non-emergent response is most likely unless the child is returning to the home of the alleged offender (visit, discharge, etc.).
      - If screened out when the case is already open to DCFS, the referral will be sent to the assigned worker for information, possible non-CPS follow-up, or other action as may be necessary.
    4. Assigns cases accepted for investigation and notify the facility of the worker identity within three working days. The supervisor and the social worker shall make every effort to expedite responses when the facility requests earlier assignment for the security or emotional health of the child. The supervisor may assign an emergent response time.
    5. The intake supervisor notifies staff/supervisors with the open cases on the child/victim and forwards a copy of the referral to the currently assigned social worker.
    6. The investigating worker keeps the facility advised of the investigation time-frames, progress, and findings.

2557. CPS Alerts

Any DCFS supervisor may initiate statewide or interstate CPS alerts when it is important that a child at risk be located. Before initiating the alert, the social worker needs to check for the subject individuals in Automated Client Eligibility System (ACES). The alert system generates a computer printout containing essential information for each local office within the state and, when necessary, provides for referral to liaison persons in other states. The system is only available for open and assigned CPS cases.
A DCFS supervisor may initiate an alert within the state by contacting the CAMIS Help Desk or using E-mail requesting acknowledgment and providing information in the following format:
1. Identification:
  1. Name and birth date of child at risk.
  2. Names and birth dates of persons presently caring for the child.
  3. Current legal status of the child.
2. Problem: Describe why the child is at risk, the degree of risk, and, if known, the probable destination. Historical, legal, or other identifying information may be added, but it should be brief and relevant.
3. Contact: Name of assigned social worker and complete mail and phone contact instructions.
The DCFS supervisor follows the above format for interstate alerts and must submit them in typed memo form to DSHS, DCFS, Mail Stop 45710, Attention: CPS Program Manager.
The supervisor may provide printed copies of the alert to CSO intake units.
The intake supervisor maintains a printed copy of all alerts in either a chronological or alphabetical file at the office for 180 days after receipt. The local office may destroy the printed alerts after that time. The originating office may renew alerts after 180 days.

2558. Sexually Aggressive Youth

Social workers must arrange for the provision of appropriate and comprehensive evaluation, treatment and supplemental services for sexually aggressive youth (SAY) as approved by Regional SAY Teams. See chapter 4000, section 4536 for information regarding services and placement guidelines. RCW 74.13.075
Sexually aggressive youth means those juveniles who:
1. Have been abused and have committed a sexually aggressive act or other violent act that is sexual in nature; and
2. Are in the care and custody of the state; or
3. Are in the care and custody of a federally recognized Indian tribe located within the state; or
4. Are the subject of a proceeding under chapter RCW 13.34 or a child welfare proceeding held before a tribal court. This allows service to children in their own home who are in shelter care status or dependent; or
5. Have been determined by law enforcement (for children under eight years of age) or a prosecutor's office (for children eight through 11 years of age) to be a sexually aggressive youth who will not be prosecuted. RCW 26.44.160 and 9A.04.050
CPS must investigate any referrals from law enforcement or a prosecutor's office that allege that a child is a sexually aggressive youth. The purpose of the investigation is to determine whether the child is abused or neglected, whether any siblings are at risk, and whether the child or the child's parents are in need of services or treatment. RCW 26.44.075
DCFS may offer appropriate available services and treatment as provided in RCW 74.13.075 and may refer the child and his or her parents to appropriate services available within the community. If the parents refuse to accept or fail to obtain appropriate treatment or services under circumstances that indicate that the refusal or failure is child abuse or neglect, the department may pursue a dependency action as provided in chapter 13.34 RCW.

2559. Hospital Holds

CPS must receive a child taken into custody by a law enforcement agency pursuant to a determination by a hospital administrator or physician that the child would be in imminent danger if released to the child's caretaker. CPS must detain the child until the court assumes custody. However, if in the opinion of the CPS worker and supervisor, based upon documented evidence and in consultation with appropriate entities such as the Child Protection Team (CPT), the child's safety will not be unduly endangered if the child is returned, the social worker may return the child to the parent or legal guardian. If the child is returned home, the assigned social worker must monitor the continued safety of the child for a six-month period.

25591. Finding Notification and Review

Review and Appeal Rights-When a CA CPS investigator completes an investigation of a report of alleged child abuse or neglect under chapter 26.44 RCW, the assigned CA staff must notify the alleged perpetrator of the findings of the investigation and provide the alleged perpetrator with the opportunity to review and appeal the finding if applicable.
1. The assigned CA staff must provide notice on all findings, including founded, unfounded, and inconclusive, by certified mail, return receipt requested, to the person's last known address. When department staff knows that the alleged perpetrator has moved, assigned staff must make good faith efforts to determine the new address of the alleged perpetrator.
2. A person named after October 1, 1998, as an alleged perpetrator in a founded report of CA/N has the right to seek review and amendment of the finding.
  1. After receiving written notice from the department that the department has named the person as a perpetrator in a founded CA/N report, the named person may request that the department review the finding. The department must receive the request for review within 20 calendar-days following the named person's receipt of the notice.
  2. The named person must make the request in writing.
  3. If the alleged perpetrator does not make a request for review in accordance with this section, the alleged perpetrator may not further challenge the finding and has no right to an administrative hearing or judicial review of the finding.
3. Upon receipt of a written request for review, CA must review and, if appropriate, amend the finding. CA staff above the first level of supervision must retain responsibility for the review. See paragraph B(7) below.
  1. Upon completion of the review, the Regional Administrator or Division of Licensed Resources (DLR) Director, or designee, as applicable must notify the alleged perpetrator in writing of the agency's determination.
  2. The CA representative must send the notification by certified mail to the named person's last known address.
4. If, following agency review, the report remains founded, the person named as the perpetrator may request an administrative hearing to contest the finding. The named person must file the request for an administrative hearing with the Office of Administrative Hearings within 30 calendar days after receiving notice of the agency review determination.
5. If the named person does not request an administrative hearing as provided in this section, the person may not further challenge the finding and has no right to further agency review or to administrative hearing or judicial review of the finding.
Department Procedures
1. The CPS social worker must complete the summary assessment and enter a finding in CAMIS.
2. The CPS worker must complete the client notification letter template for founded or unfounded/inclusive investigative results, as appropriate to the finding entered.
3. Per local office procedure, assigned staff must generate and send the client notification letter to the CPS supervisor for review. After review and approval, the CPS supervisor must sign the letter and provide the letter to the tracking clerk for mailing.
4. The tracking clerk must send each notification letter by certified mail, return receipt requested, and must maintain a tracking system for the notification process. For notification of founded allegations, the clerk must send the letters by certified mail, restricted delivery.
5. When the social worker or the worker's supervisor determines that notification by personal delivery is in the best interests of the alleged perpetrator's family, the assigned social worker may personally deliver the notification letter to the alleged perpetrator.
  1. The social worker must document in the CAMIS SER and must notify the tracking clerk that the worker delivered the notification letter in person.
  2. If the subject of the referral refuses to accept the in-person delivery, the social worker must arrange for the tracking clerk to send the letter by certified mail, return receipt requested, restricted delivery.
6. When the CA office receives a request for an internal review regarding a founded report, the tracking clerk determines if the alleged perpetrator has made the request within 20 calendar days of the alleged perpetrator's receipt of the notification letter.
  1. If the alleged perpetrator made the request within the required timeframe, the tracking clerk sends the request to the area manager or DLR/CPS section manager for an internal review of the finding.
  2. If the alleged perpetrator's request did not come within the designated timeframe, the CPS supervisor must notify the alleged perpetrator that the alleged perpetrator has no further right to review of the finding.
7. The DCFS area manager, or designee, or DLR Director, as applicable, must complete the internal review. The review may include an interview with the social worker and/or the worker’s supervisor. At a minimum, the internal review must include:
  1. A review of the case file, including the referral, the SER, the summary assessment, and the findings screen; and
  2. A review of any written information provided by the subject of the referral, but not an in-person meeting with the subject of the referral.
8. The DCFS area manager, or designee, or DLR Director, as applicable, must notify the alleged perpetrator of the result of the review within 45 calendar days from the date the department received the request for review. The designated manager must:
  1. Provide the notification of the department’s determination in writing; and
  2. Send the notification by certified mail to the alleged perpetrator’s last known address.
9. If the assigned manager or designee upholds the founded report of CA/N, the subject of the referral must request, in writing, an administrative hearing with the Office of Administrative Hearings within 30 calendar days from the date the subject receives the department’s notice of decision.
10. Assigned staff must document any change in findings made as a result of an internal review or an administrative hearing in CAMIS. The assigned manager or designee provided security access to change the finding in CAMIS must enter any change in finding within 10 working days of the decision to change the finding. The manager or designee must make the changes in the findings screen of CAMIS so that the changed finding will be evident when the finding is subsequently called up in CAMIS.
11. All findings will remain in effect as originally determined pending any internal review or administrative hearing.

2560. Community Collaboration

2561. Community Involvement

DCFS managers, supervisors, and line staff are expected to allocate time to the development and maintenance of written operating agreements and collaborative working relationships with:

Law enforcement agencies.
Juvenile courts.
Schools.
Ethnic/minority communities.
The medical community.
Appropriate social service agencies.

2562. Child Protection Teams

Purpose and Scope
1. Regional Administrators must establish and maintain one or more CPTs in each region. RCW 74.14B.030 and Executive Order (EO) 95-04
2. The Regional Administrator must utilize the team(s) for consultation to:
  1. Assist in assessment of the future risk of abuse and neglect to children; and
  2. Assist in assessment of the need to place children in out-of-home care in CA cases where a risk of serious harm to the child exists, including situations outlined below.
    1. Any case in which there is serious professional disagreement, including disagreement by the foster parent(s), regarding risk of death, serious injury, out-of-home placement of a child, or the child’s return home as a result of a decision to leave a child in the home or to return the child to the home; The CPT may be told the facts and may opt not to review the situation, on a case-by-case basis;
    2. Cases in which the risk assessment, following initial investigation, results in a moderately high or high risk classification, and the child victim is age six or younger;
    3. In all cases prior to return home or dismissal of dependency, when the child is age six or younger and any risk assessment has resulted in a risk level of moderately high or high risk;
    4. Cases that are opened solely on the basis of risk of imminent harm following initial investigation where there are no allegations of abuse or neglect; and/or
    5. Complex cases where such consultation will help improve outcomes for children.
Requirements
1. Multidisciplinary CPTs provide confidential case staffing and consultation to CA. Recommendations by CPTs are advisory to DCFS staff, except when deciding to place a child or return a child home.
  1. Each Regional Administrator must establish and maintain one or more culturally diverse and responsive multi-disciplinary CPTs.
  2. Each CPT must consist of at least four persons, selected by the Regional Administrator, from professions that provide services to abused and neglected children and/or the parents of such children.
    1. Participants may include, but are not limited to, law enforcement officers, physicians, mental health and substance abuse counselors, or other mandated reporters of child abuse and neglect.
    2. In addition, treatment providers, other professionals who play a significant role with the family, individuals with responsibility identified in the safety plan, the family, if appropriate (if not present, their perspective should be represented), foster parent, and child if over 12 years of age shall be invited.
    3. A written report shall be requested from any providers unable to attend.
2. Before participating in the business of the CPT, each member must register with CA as a volunteer.
3. Multi-disciplinary CPTs provide confidential case staffings and recommendations to CA. Release of information is subject to laws regarding public disclosure and confidentiality contained in RCW 74.04.060.
4. Each Regional Administrator must develop and implement written procedures for establishing, convening, and managing the region’s CPTs. The Regional Administrator must designate a staff person to serve as CPT coordinator for the region or local area as well as a facilitator for CPT staffings.
  1. With the approval of the Regional Administrator, the CA office may use other types of community review teams or team members from other review and consultation teams for CPT under this procedure when they meet the criteria of this procedure and are willing to staff cases for the express purposes of this procedure.
  2. A person with a personal or fiduciary interest in the outcome of the case under review may participate as a CPT member in the review of that case after declaring that personal or fiduciary interest.
Procedures
1. CA field staff refers cases for staffing to the CPT through their supervisor.
2. A community professional may schedule a CPT staffing, pursuant to this policy, with the CPT coordinator when the professional has reviewed and discussed the issues with the social worker and the supervisor and wishes to pursue a staffing.
3. Among the responsibilities of the CPT coordinator are:
  1. Coordination and management of membership recruitment, training, scheduling, record-keeping including CPT recommendations, reporting, and communication for the CPT.
  2. Provision of written staffing recommendations to the assigned social worker and supervisor following the staffing.
  3. Maintenance of a tracking system to document activity for staffings and recommendations.
4. If the social worker decides not to place a child or to return a child home when the CPT has recommended otherwise, the social worker, the supervisor, and the Area Manager will consult the Regional Administrator immediately upon making the decision. DCFS staff will follow the recommendation of the CPT regarding placement unless the Regional Administrator specifically authorizes the action contrary to the recommendation. The supervisor and the Area Manager will report the Regional Administrator’s decision, in writing, to the CPT, through the coordinator, within seven working days.
5. The CPT may request the Regional Administrator to review the social worker’s case plan decision and present additional information to support a concern for the health, safety, and welfare of the child or the effectiveness of the DCFS plan. The Regional Administrator or designee must review the issue and determine if another course of action is appropriate. The Regional Administrator may also consider minority opinions when the CPT has been unable to achieve a consensus of opinion.
6. If the CPT disagrees with the decision of the Regional Administrator, the team may appeal to the Assistant Secretary.

2563. Military Personnel

CPS service guidelines for on-post military families shall be developed administratively with the base commander or commander's designee and the Regional Administrator or designee. Mutually developed written guidelines and procedures may include, but are not necessary for, off-post families.

2570. Law Enforcement

2571. Mandated Reports to Law Enforcement

The social worker or supervisor shall report, as required by RCW 26.44.030(4) and 74.13.031(3), to law enforcement within 24 hours of receipt of a report by the department in cases where the response time is labeled "emergent" and the child's welfare is believed to be in immediate danger. With the exception of a child fatality, which the social worker or supervisor shall report immediately, the social worker or supervisor shall notify law enforcement within 72 hours of receipt of any reported incident of:
1. Sexual abuse.
2. Non-accidental physical injury of a child.
3. Incidents where the investigation reveals reasonable cause to believe that a crime against a child may have been committed.
Unless otherwise agreed in a local written working agreement with law enforcement, developed in consultation with the Attorney General's Office, DCFS staff making an oral report to law enforcement shall, within five days of receipt of the referral, also report in writing. The person making the report shall file a copy in the department case record or in an administrative file when no case record exists. A CAMIS Law Enforcement Report or a legibly completed Report of CA/N, DSHS 14-260(X), may be used to comply with the requirement for a written referral.
Social workers and supervisors are not required by statute to report to law enforcement instances of CA/N where no criminal misconduct is reported or discovered. Parenting, child rearing practices, or other life circumstances which may be reported to the department for social assessment are not required to be reported to law enforcement when they do not indicate criminal misconduct against children.

2572. Criminal History Checks

Each DCFS office has access to criminal arrest and conviction information maintained by the Washington State Patrol Identification section. Local social workers and supervisors make requests following instructions in the CA Operations Manual, chapter 5000, section 5500. The social worker must include documentation in the service record that each of the following conditions exists before making the inquiry:
1. The inquiry is about an alleged perpetrator in an open CPS case.
2. The alleged CA/N incident has been reported to law enforcement as required by RCW 26.44.030.
3. The information being requested can reasonably be expected to help in assessing or reducing risk to the alleged victim as mandated in RCW 26.44.050 and RCW 74.13.031.
As part of the criminal background check, the worker must contact local law enforcement agencies, including tribal police if the person resides or has resided on an Indian reservation or is known to be or may be affiliated with a particular Tribe.
Information gained will be subject to public disclosure policy as outlined in chapters 43.43 and 10.97 RCW and the CA Operations Manual, chapter 13000, section 13500.

2573. Law Enforcement Assistance

A social worker may request the assistance/accompaniment of a law enforcement officer in situations that may be dangerous to the worker or when the worker believes a child may need to be taken into protective custody.
A social worker may receive children taken into custody under RCW 26.44.050 from law enforcement with a Child Custody Transfer, DSHS 10-157(X), or an equivalent emergency placement authorization signed by the authorizing law enforcement officer.

2574. Law Enforcement Agreement

Each CA office must develop a written working agreement with each law enforcement agency in its catchment area. Such agreements will detail local mechanisms for handling matters contained in sections 2571 - 2773.

2575. Confidentiality of Records

CA records are confidential, and CA staff must not disclose them to law enforcement other than as described above. Law enforcement or the prosecutor may subpoena other information from the CA record. See CA Case Services Policy Manual, chapter 4000, section 4120.

2576. Conflict of Interest

RCW 26.44.190 requires law enforcement agencies not to permit law enforcement officers to participate in the investigation of alleged abuse or neglect concerning a child with whom the officer is, or has been a parent, guardian, or foster parent. See the CA Case Services Policy Manual, chapter 2000, section 2131.
To assist the law enforcement agency to meet this requirement, the assigned CA social worker must inform the law enforcement agency if CA’s records indicate that the assigned investigating officer is, or has been, a parent, guardian, or foster parent of the alleged child victim.
If the law enforcement agency continues the investigative assignment with an officer who is the current foster parent of the alleged child victim, the CA social worker must remove the child from placement with the investigating officer.

2580. Children Missing from Care

Children missing from care are at great risk for victimization and exploitation. Many children do not perceive the inherent risks or see themselves as potential victims. When a child leaves care on his/her own, it may be done as a coping mechanism and perceived by him/her as the only option to solve a problem or address concerns or needs.

Because of possible dangers to a child, social workers and caregivers must consider a child missing from care as a major event that requires intensive and ongoing intervention. When a child is missing from care, social workers will ensure that timely reports are made to appropriate authorities and take action to locate the child and return him/her to an approved and appropriate placement.

When a child returns to care, social workers and caregivers should support the child to remain in care and involve the child when reviewing the case plan to ensure that the child's needs are adequately addressed and that the child has confidence about his/her future.

25801. Definitions

"Missing" child means any child up to 18 years of age for whom Children's Administration (CA) has custody and control (not including children in dependency guardianships) and:

The child's whereabouts are unknown; and/or
The child has left care without the permission of the child's caregiver or CA.

Children who are missing are categorized under one of the following definitions:

"Taken From Placement" means that a child's whereabouts are unknown, and it is believed that the child is being or has been concealed, detained or removed by another person from a court-ordered placement and the removal, concealment or detainment is in violation of the court order.
"Absence Not Authorized, Whereabouts Unknown" means the child is not believed to have been taken from placement, did not have permission to leave the placement, and there has been no contact with the child and the whereabouts of the child are unknown.
"Absence Not Authorized, Whereabouts Known" means that a child has left his/her placement without permission and the social worker has some contact with the child or may periodically have information as to the whereabouts of the child.

25802. Reporting Children Missing from Care

Required Timeframes for Reporting Children Missing from Care
Caregivers, including foster parents, relative caregivers and private agencies providing placement services, are required (WAC 388-148-0123) to report to the assigned CA social worker AND law enforcement when a child is missing from their care within the timeframes outlined below (A (1)(a-h) and (2)).

Once notified that a child is missing from care, the assigned social worker must work with the caregiver to ensure that law enforcement is notified immediately when a child is missing from care and one or more of the following applies:

The child has been, or is believed to have been, taken from placement as defined above.
The child has been or is believed to have been lured from placement or to have left placement under circumstances that indicate the child may be at risk of physical or sexual assault or exploitation.
The child is age 13 or younger.
The child has one or more physical or mental health conditions that if not treated daily will place the child at severe risks.
The child is pregnant or parenting and the infant/child is believed to be with him or her.
The child has severe emotional problems (.e.g., suicidal ideations) that if not treated will place the child at severe risk.
The child has a developmental disability that impairs the child's ability to care for him/herself.
The child has a serious alcohol and/or substance abuse problem.
The child is at risk due to circumstances unique to that child.

If one or more of the items listed above (a-i) does not apply to the child missing from care, the assigned social worker must work with the caregiver to ensure that local law enforcement is contacted within six hours.
If the child leaves school or has an unauthorized absence from school (and none of the factors listed in a-i apply), the CA social worker and caregiver should consult with one another to assess the situation and determine when it is appropriate to bring the situation to the attention of law enforcement.

If the child does not return at the end of the school day, the caregiver and the social worker may decide to temporarily delay notification to law enforcement for up to 4 hours after the end of the school day. This decision must be made based on the individual case situation, in some situations it may be appropriate to provide the additional time to give the child the opportunity to return on his/her own.

Information Required to Report to Law Enforcement

The assigned social worker must ensure that the caregiver provides as much of the following information as is known, to law enforcement and to CA:

a. Name and basic demographic information of the child
When the child left
Where the child left from
What the child was wearing
Any known behaviors or interactions that may have precipitated the child's departure
Any possible places the child may go
Any special physical or mental health conditions or medications that may affect the child's safety
Any known companions who may be aware of and involved in the child's absence
Other professionals, relatives, significant adults or peers who may know where the child might go
A recent photo of the child.

Reporting Requirements When a Child is Missing from Care

Notification to the Assigned Social Worker when a Child is Missing from Care
When a child is missing from care the assigned social worker will be made aware of the situation in one the following ways:

The caretaker notifies the assigned social worker by telephone that the child is missing from care. The caretaker is required by (WAC 388-148-0123) to notify the social worker directly or make the report to CA intake if the social worker cannot be reached directly; or
CA Intake completes a referral and notifies the assigned social worker or their supervisor (i.e. verbally or by e-mail) that a report of a missing child has come through CA intake; or
The assigned social worker's supervisor notifies the assigned social worker, if CA intake was unable to make direct contact with the social worker.

Assigned Social Worker - Requirements for Reporting

When the assigned social worker learns of a child missing from care, the social worker must immediately:

Confirm the child's current status with the caregiver.
Confirm that the caretaker has reported the child's absence to law enforcement as required in items A (1&2) and B above. If law enforcement has not been informed the social worker will ensure that all required reports are made and in compliance with items A (1&2) and B above.
Obtain the runaway report number once the information has been provided to law enforcement and the Washington State Patrol (WSP) Missing Children Clearinghouse and document the number in an SER.

Washington State Patrol
Missing Children Clearinghouse
PO Box 2347
Building 17 Airdustrial Way
Olympia WA 98507-2347

Business Hours M-F 8:00-5:00
Voice Mail available after hours
(360) 586-0030
800 543-5678
(360) 704-2404 fax

Complete an SER about the child's missing status and any other known information as listed in Section B above.
Notify the child's legal parent and maintain communication with the parent during the child's absence, unless immediate contact with the legal parent would compromise the child's safety. If safety is a consideration, the social worker will notify the child's legal parent of the child's absence within 24 hours.

The social worker will consult with the AAG regarding possible legal options. Depending on the youth's legal status and the specific court order, possible legal actions may include:
1. Filing a motion with the court and requesting legal intervention; or
2. Notifying the court of the youth's status of missing from placement without permission.
The social worker must notify other critical persons in the child's life, including the child's attorney, CASA/GAL, counselor, by the next business day.
The social worker will notify the child's school of the child's unauthorized absence from care, by the next school day.

Intake - Requirements for Reporting
Upon receiving a report of a child missing from care, the Intake worker must immediately:
1. Complete an SER and notify the child's assigned social worker or the worker's supervisor, verbally or via e-mail, of the child's absence and any subsequent information received regarding the child.
2. Confirm the assigned social work or the supervisor received the notification of the missing child, and document this confirmation in an SER.

Regional and Headquarter Responsibilities Regarding Children Missing Care
1. Regional Responsibilities
  CA Regions will maintain local office protocols for reporting missing children to local law enforcement. Generally, the protocol will include the issuance of a pickup order.
  CA Regional management will review the list of their missing children, and the adequacy of the strategies being pursued to find them, on a monthly basis. Regional reports regarding the missing children and search strategies will be updated monthly.
2. Headquarters Field Operations
  The Field Operations Division will monitor the regional reports regarding missing children and the search strategies used.

25803. Searching for Children Missing from Care

Social Worker Requirements for Searching for Children Missing from Care
When searching for children missing from care, the assigned social worker is required to:

Develop and implement strategies for actively searching for a child reported missing from care, in consultation with his/her supervisor. Guidelines on Searching for Missing Children should be considered when developing search strategies.
Contact professionals and other persons involved in the child's life, (e.g., local treatment team members, family, and friends) to enlist their involvement in a "missing from care" staffing. This staffing must occur within three (3) business days of the youth leaving care. The staffing may be conducted in one of the following ways:

In person or by phone; or
Through Family Team Decision Making meetings, where available;

Complete the Missing Child Staffing Checklist (DSHS Form 15-308) to document meetings and contacts made regarding the missing child and search strategies developed.
Review the Missing Child Staffing Checklist weekly with the supervisor for the first month that the child is missing from care to update the supervisor on contacts made, information received and to develop and revise search strategies. Document these staffings in an SER. After the first 30 days the child is missing, review progress and changes with the supervisor monthly.
Contact the caregiver to discuss whether the placement will be available to the youth upon his/her return. If the caregiver will not be a placement option, identify other preliminary placement options for the child's return.

Supervisor Requirements for Searching for Children Missing from Care
The supervisor will document the status of the search process in an SER in the supervisory review section of CAMIS.

25804. Return of Children Missing from Care

Social Worker Requirements When a Child Missing from Care Returns
When a child is located or returns to care, the social worker will:
1. Notify law enforcement and the Missing Children Clearinghouse immediately and request that the pick up order be cancelled.
The social worker will convene a meeting with the child within three (3) business days after a child returns to care to discuss the child's needs and placement options and other resources to support the child. When appropriate, the social worker may also invite the child's caregiver, parents, siblings, other relatives and other professionals to the meeting with the child.
Youth who return to care must be given the opportunity to invite people who can provide support during this planning process.

If the youth is likely to leave again without authorization, service and treatment planning should address:

The individual needs of the youth that lead to the running behavior; and
Placement options in the event of another absence.

25805. Documenting Children Missing from Care

Documentation requirements for the assigned social worker
Upon learning of the child's missing status, the assigned social worker will immediately:

Document in an SER that the child is missing from care and include any other known information as outlined in 45502 Reporting Children Missing from Care - Section B - Information Required to Report to Law Enforcement.
Document the Washington State Patrol (WSP) missing persons report number in an SER.
Identify the placement event in CAMIS as "on the run."
Notify his/her supervisor and document in an SER when and how the supervisor was notified.
Document staffings with the supervisor to review the Missing Child Staffing Checklist in an SER.
Document any contact with a missing child in an SER, and other contact disclosing critical information related to the child's health, safety or whereabouts and any follow-up action taken.
Document efforts made to resolve issues raised during the de-briefing interview with the child who has returned to care.
Update the child's placement status in CAMIS when the child has returned to care.

Documentation requirements for the Supervisor
The supervisor must document in an SER the review and approval of the Missing Child Staffing Check List.

2600. CASE REVIEW

2610. Supervisory Review

The supervisor must review all cases open to CPS to determine if:

The case record and CAMIS file are complete.
The investigation is complete and no other action is necessary.
The 45-day rule requirement has been met.
The case may continue.

The supervisor may consider transfer of case to a service worker when the criterion above has been completed and there is an identified need to continue department involvement.
The supervisor may refer the case back for further investigation if the investigation is not complete or additional action is necessary.

The supervisor must document the reasons for the 90-day review decision in the CAMIS SER.

2700. RESOLUTION

2710. CASE RESOLUTION/CLOSURE

The social worker may close continuing service cases when the problems resulting in risk of CA/N identified summary assessment form have been alleviated, and no new factors have been discovered which would increase the risk of further CA/N.
The social worker may close other cases in which there is a continuing risk of CA/N but which are not likely to be resolved through treatment efforts when:
1. Further voluntary services are not available or accepted.
2. There is no plan to file a dependency petition.
The social worker must not close cases for service while a dependency order or voluntary placement agreement is in effect or within six months of the time a child is returned to parental care as a result of a dependency order.

2711. Inactive Status

Case Closure: Cases where services have ended per section 2710, but cannot be closed until paperwork and other documentation is completed, should be designated as "Services Inactive/Paperwork Pending (S) program assignment for social worker or supervisor".
The purpose of this worker assignment is to be able to track the workload involved in follow-up paperwork (Operations Manual 15303).
The social worker must properly complete all forms and narrative recording within 90 days of a decision to terminate services and close a case. The supervisor must review both CAMIS and the folder for accuracy and completeness and document the review in the CAMIS SER before closure or transfer to another service.