Top Banner
Indiana Department of Child Services Indiana Child Welfare Policy Manual Published November 7, 2022 Visit www.in.gov/dcs/policies/child-welfare-policies/ for more recent updates.
1328
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Published November 7, 2022
Visit www.in.gov/dcs/policies/child-welfare-policies/ for more recent updates.
DCS Mission, Vision, Values, and Principles
Child welfare is a field of practice within social work where a partnership is developed with families in order to protect children who may be victims of Child Abuse and/or Neglect (CA/N) and address the issues that lead to CA/N. When involvement with the Department of Child Services (DCS) is necessary, the least restrictive interventions are utilized, as DCS recognizes that the preservation of family and community ties are essential to safety, well-being, stability, and permanency for children. DCS recognizes and supports the preservation of family and community connections through our Mission, Vision, and Values. Mission The Indiana DCS leads the state’s response to allegations of child abuse and neglect and facilitates child support payments. We consider the needs and values of all we serve in our efforts to protect children while keeping families together whenever possible. Vision Children will live in safe, healthy, and supportive families and communities. Values We at the Indiana Department of Child Services empowers our team, in collaboration with state and local partners, to make decisions in the best interest of every child in our care by embracing:
• Respect for all • Racial justice • Diversity and inclusion • A culture of safety • A commitment to continuous improvement
RESPECT FOR ALL – We recognize every person has inherent value and deserves to be treated with kindness and compassion.
• Every person has value and worth and will be treated with respect and dignity. • Every person will communicate clear boundaries and establish mutual respect for one
another. • Every family has strengths that can be developed. • Family members are experts on their own families. Service planning will consider the
family rules, traditions, history and culture. • Family perspectives, goals and values will be regarded as critical to creating and
maintaining child safety. • Families are core members of the decision-making team, therefore decisions about child
and family team interventions shall be relevant, comprehensive, and effective. • Services provided to children and families will respect their cultural, ethnic, and religious
heritage. • DCS staff relationships and communications with community partners will be conducted
with empathy, honesty, and openness.
RACIAL JUSTICE – We advance racial equity by reducing racial disparities in Indiana’s child welfare and child support systems and dismantling the systemic racism upon which child welfare systems were built.
• DCS acknowledges disparities in path to permanency for families and children of color and accepts responsibilities for turning the tide.
• Every person should be treated equitably, which is defined as fair and impartial. • Every person should recognize and acknowledge inequities and attempt to change the
culture. • DCS will be deliberately conscious of the racial injustices that exist in child welfare and
in the workplace and proactively break down barriers that stall or stop any progression toward an equitable environment.
• DCS will create and maintain equal access and opportunities for families and staff members.
• DCS will make no assumption based on race regarding the veracity of an allegation of abuse or neglect.
• DCS will continue to study data related to racial disparities in child welfare and support systems to ensure leadership is aware of progress being made.
DIVERSITY AND INCLUSION – We create and sustain a culture that is welcoming to everyone and values the inherently unique viewpoints and contributions of individuals from differing backgrounds.
• DCS will become a more diverse and inclusive environment. • DCS will value and respect the life experiences and histories of staff, families and
children. • DCS staff, families and children will be free from judgment and open to honest and
respectful dialogue. • DCS staff, providers and foster families will participate in diversity and inclusion training.
A CULTURE OF SAFETY – We nurture an environment in which all employees, partners and stakeholders know they are included, are safe to learn and contribute and are safe to challenge the status quo – without fear of being embarrassed, targeted or marginalized.
• We establish and support a workplace culture that is free from discrimination. • DCS creates and maintains a conducive learning environment that promotes respect
and acceptance. • DCS promotes open communication that is free of judgement and is based in empathy
and understanding.
A COMMITMENT TO CONTINUOUS IMPROVEMENT – We identify areas of improvement that will contribute to a more efficient and inequitable child welfare system. We embrace continuous improvement to evaluate opportunities for growth and to improve outcomes for the families and children we serve.
• Continuous improvement efforts will involve improvement teams at local, regional and statewide levels, and the voices of both internal and external partners will be included in improvement opportunities.
• DCS will work to identify problem statements by using data and feedback from a variety of constituents.
• All employees will be supported in the training and use of various improvement principles so that all employees feel empowered to suggest improvements to practice and policy in an effort to continually improve outcomes for children and families.
• DCS will use the Child and Family Services Plan (CFSP) to set goals and track accomplishments and improvements over time by continually tracking and adjusting in order to measure and support sustainable change.
Mission and Vision Mission: The Indiana Department of Child Services leads the state’s response
to allegations of child abuse and neglect and facilitates child support payments. We consider the needs and values of all we serve in our efforts
to protect children while keeping families together whenever possible.
Vision: Children will live in safe, healthy and supportive families and communities.
Skills Teaming, Engaging, Assessing, Planning, Intervening (TEAPI)
Trust-Based Relationships
Values Based on Practice
Principles • Respect for all • Racial justice • Diversity & inclusion • A culture of safety • A commitment
to continuous improvement
DCS Practice Model
The DCS Practice Model includes principles and skills to effectively implement the agency’s mission, vision and values.
Mission The Indiana Department of Child Services leads the state’s response to allegations of child abuse and neglect and facilitates child support payments. We consider the needs and values of all we serve in our efforts to protect children while keeping families together whenever possible.
Vision Children will live in safe, healthy and supportive families and communities.
Values We at the Indiana Department of Child Services empower our team, in collaboration with state and local partners, to make decisions in the best interest of every child in our care by embracing:
• Respect for all • Racial justice • Diversity and inclusion • A culture of safety • Continuous improvement
Trust-Based Relationships Genuineness, Empathy, Respect, Professionalism
Skills: TEAPI TEAMING: To assemble or coordinate a group of individuals with the intent to bring ideas and/or solutions to achieve a common goal.
ENGAGING: To effectively establish a relationship with essential individuals in a meaningful way for the purpose of sustaining work that is to be accomplished together.
ASSESSING: To evaluate a series of events or a situation and determine the ability, willingness and availability of resources for achieving an agreed upon goal for the agency.
PLANNING: To prepare an implementation process that will put in place team-driven decisions that support the agency’s mission. The plan will include an evaluation tool for effectiveness, a determined celebration for successes and flexibility for potential setbacks.
INTERVENING: To intercede with the intent of altering a course of events that would be viewed as a risk to the agency’s mission.
LEGAL BASE
The direct delivery of child welfare services by DCS local offices under the administration or supervision of the Central Office of DCS is based upon federal and state laws, rules, and regulations. The foundation for public welfare is found in the 1935 federal Social Security Act, as amended. The Indiana Juvenile Code became effective October 1, 1979. In its “General Policy and Provisions,” Indiana Code 31-10-2-1 affirms that it is the policy of this state “to ensure that children within the juvenile justice system are treated as persons in need of care, protection, treatment, and rehabilitation.” Further, the Code states that it is Indiana’s policy to “strengthen family life by assisting parents to fulfill their parental obligations;” and “to remove children from their families only when it is in the child’s best interest or in the best interest of public safety.” Per Indiana Code 31-10-2-2, “for purposes of IC 31-33; IC 31-34; and IC 31-35; all decisions made by (DCS) or the court shall be made in consideration of the best interests of the child or children concerned.” The federal Social Security Act, Title IV, Part B, Subpart 2, Section 430 (42 USC 629) offers these objectives:
(1) To prevent child maltreatment among families at risk through the provision of supportive family services.
(2) To assure children’s safety within the home and preserve intact families in which children have been maltreated, when the family’s problems can be addressed effectively.
(3) To address the problems of families whose children have been placed in foster care so that reunification may occur in a safe and stable manner in accordance with the Adoption and Safe Families Act of 1997.
(4) To support adoptive families by providing support services as necessary so that they can make a lifetime commitment to their children.
Information regarding other federal and state laws that influence public child welfare services may be found in the related sections of the DCS Child Welfare Policy Manual.
Non-Discrimination in Service Delivery to Clients
Title IV of the Federal Civil Rights Act of 1964 (42 USC 2000d), Section 504 of the Rehabilitation Act of 1973 (29 USC 794), Section 202 of the Americans with Disabilities Act of 1990 (42 USC 12132), and all regulations related to these Acts address non-discrimination in service delivery to clients. All Department of Child Services (DCS) local offices must ensure that no one, based on race, color, sex, national origin, or handicap, is excluded from participation in, denied the benefits of, or subjected to discrimination under any service or activity for which the federal government provides funding.
Overview and Purpose of the DCS Child Welfare Policy Manual
The Indiana Department of Child Services (DCS) partners with children and families to provide services in order to address issues that lead to Child Abuse and/or Neglect (CA/N) and ensure the safety, permanency, stability, and well-being of children. DCS also assesses allegations of CA/N and oversees licensing services for resource parents and child caring institutions. In addition, DCS is responsible for child support services and partners with county Prosecuting Attorneys, county Clerks of the Court, and various other local, state, and federal agencies to assist families with child support services under Title IV-D of the Social Security Act.
Note: The DCS Child Welfare Policy Manual does not address child support policy except to the extent that it intersects with child welfare policy.
The DCS Child Welfare Policy Manual is comprised of various chapters that contain information directly related to the duties of DCS staff members. The sections within each policy are:
• Policy Overview: Provides a brief summary about the purpose of the policy. • Procedure: Outlines the series of steps to be taken by DCS in partnership with families. • Legal References: Federal and state laws, rules, and regulations, which establish the
authority of the agency and set statutory parameters of agency authority within those areas.
• Relevant Information: Includes definitions; links to forms, tools, and other sites that are in the policy and/or offer additional information; and links to other policies referenced within the document.
DCS CW Manual/Chapter 2 Section 1: Notice of Assessment Outcome
INDIANA DEPARTMENT OF CHILD SERVICES CHILD WELFARE POLICY
Chapter 2: Administration of Child Welfare Effective Date: July 1, 2014
Section 1: Notice of Assessment Outcome Version: 6
STATEMENTS OF PURPOSE
The Indiana Department of Child Services (DCS) recognizes the right of each alleged perpetrator to request an Administrative Review of the related Child Abuse and/or Neglect (CA/N) substantiation. The process outlined herein will apply to all substantiated CA/N determinations made on or after October 15, 2006. This policy does not apply to the following situations:
1. Request for Administrative Review in licensed foster home denials or revocations; or 2. A court proceeding requesting expungement of reports entered into the Child Protection
Index (CPI) that are governed by the procedures specified in the law (IC 31-39-8-4); 3. CA/N substantiated assessments involving Child Care Workers (CCW) or licensed
resource parents. See policy 2.03 Child Care Worker Assessment Review Process; or 4. CA/N substantiated assessments involving DCS employees. See policy 4.45
Assessment and Review of DCS Staff Alleged Perpetrators for additional information. DCS will have 15 calendar days from approval of the Assessment of Alleged Child Abuse and Neglect (SF 113) (311) to provide Notification of Assessment Outcome and Right to Request an Administrative Review (SF 53068) and a copy of the redacted 311 to the perpetrator by mail or hand delivery.
Note: If an administrative review decision is to remand for further assessment, a new notice must be sent to the perpetrator. DCS will have 15 calendar days after the DCS decision is complete to provide Notice of Administrative Decision after Further Assessment (2.C Tool-Appendix D) and a copy of the redacted 311 to the perpetrator by mail or hand delivery.
If the substantiation is against a minor, the Notif ication of Assessment Outcome and Right to Request an Administrative Review (SF 53068) must be mailed or hand delivered to at least one (1) of the following:
1. Parent; 2. Guardian; 3. Child’s attorney (if represented for specific substantiation); 4. Guardian Ad Litem (GAL); or 5. Court Appointed Special Advocate (CASA), if applicable.
The perpetrator’s request for Administrative Review must be made in writing by submitting a Request for Administrative Review of Child Abuse and/or Neglect Substantiation (SF 54775). If the substantiation is against a minor, the request for Administrative Review must be completed and submitted by the child’s:
DCS CW Manual/Chapter 2 Section 1: Notice of Assessment Outcome
2. Guardian; 3. Child’s attorney; 4. GAL; or 5. CASA, if applicable.
The request for Administrative Review by a perpetrator must be received by the DCS local office within fifteen (15) calendar days after the date that the Notif ication of Assessment Outcome and Right to Request an Administrative Review (SF 53068) was hand delivered to the perpetrator. The DCS local office will add an additional three (3) days if the notice letter is sent via mail.
Note: If the deadline for the request for an Administrative Review is on a day that the local DCS office is closed, the deadline is extended to the next business day.
Code References
1. IC 31-38-18: Disclosure of Reports; Confidentiality Requirements 2. IC 31-33-26: Child Protection Index (CPI) 3. IC 31-39-8-4: Expungement of child abuse or neglect information 4. 465 IAC 3: Administrative Reviews and Hearings 5. 42 USC 5106a: Grants to states for child abuse or neglect prevention and treatment
programs PROCEDURE
The Family Case Manager (FCM) responsible for completing the assessment will:
1. Ensure timely completion of the 311. Refer to policy 4.25 Completing the Assessment Report for additional information;
2. Send the 311 to the FCM Supervisor for review and approval; and 3. Consult with the FCM Supervisor regarding recommendations for redaction to the 311, if
applicable. The FCM Supervisor will:
1. Review the 311 for accuracy and completeness; 2. Type a contact note in the case management system to track redaction; 3. “Approve” the 311 if accurate and complete; and 4. Forward the report electronically to the designated DCS staff instructing consultation
with DCS Staff Attorney for redaction within the next business day of approval. Note: If the 311 is printed without the report source being revealed, redactions are only necessary to protect confidential information above and beyond the report source as stated in IC 31-33-18.
The DCS Local Office Director (LOD) or designee will:
1. Consult with the DCS Staff Attorney as to proper redaction, if applicable; 2. Ensure proper redaction of the 311; and 3. Return the report to the FCM Supervisor within five (5) calendar days of approval of the
311. The FCM Supervisor or DCS local office designee will mail or hand deliver the following to each person identif ied as a perpetrator of substantiated CA/N within 14 calendar days of approval of the 311:
DCS CW Manual/Chapter 2 Section 1: Notice of Assessment Outcome
1. The Notif ication of Assessment Outcome and Right to Request an Administrative Review (SF 53068);
2. Redacted 311 to each person identif ied as a perpetrator of substantiated CA/N; and 3. Request for Administrative Review of Child Abuse or Neglect Substantiation (SF 54775).
If all allegations against the individual are classified as unsubstantiated, do not send the alleged perpetrator the request for review form.
If the Request for Administrative Review of Child Abuse or Neglect Substantiation (SF 54775) is submitted by the perpetrator to the DCS local office. See policy 2.02 Administrative Review Process for additional guidance. PRACTICE GUIDANCE
Notification for Administrative Reviews and Appeals The 2.C Tool: Notif ications for Administrative Reviews and Appeals will be used to the send the following notices:
1. Notif ication of Assessment Outcome and Right to Request an Administrative Review (SF 53068);
2. Notif ication of Administrative Review Decision to Unsubstantiate Allegations of Child Abuse and/or Neglect (CA/N) (SF 53071);
3. Notif ication of Administrative Review Decision Report Returned for Further Assessment (SF 53094);
4. Notif ication of Administrative Decision after Further Assessment (Appendix D); 5. Notif ication of Denial of Administrative Review (SF 53072); 6. Notice of Intent to Substantiate Allegations of CA/N by a Child Care Worker or Licensed
Resource Parent (SF 53028); 7. Notice of Administrative Review Decision to Further Assess Allegations Against a Child
Care Worker (CCW) or Licensed Resource Parent (SF 53029); 8. Notice of DCS Decision to Unsubstantiate Allegations of Child Abuse/Neglect (CA/N)
(SF 53030); 9. Notice to Employer of a Report of Child Abuse/Neglect (CA/N) (SF 53031); 10. Notif ication of a Child Care Worker (CCW) Assessment Review Decision for an
Assessment Closed Prior to 10-15-06 (SF 53032); 11. Notice of an Administrative Review Decision for an Assessment Closed Prior to 10-15-
06 (SF 53033); 12. Notice of Assessment Outcome for a Department of Child Services Employee (SF
54318); 13. Notif ication of Deadline to Reactivate Administrative Review Appeal Request (Appendix
M); and 14. Notice of Administrative Review Outcome for a Department of Child Services Employee
(SF 54317). Instructions for developing a Notice using 2.C Tool-Notifications The 2.C Tool-Notifications should be used by DCS employees authorized to notify a perpetrator, an employer in a case involving a DCS employee, or a CCW regarding an assessment conclusion by DCS. The DCS employee should insert language from the appropriate appendix and place it on DCS local office letterhead. The Notice should be signed by the DCS employee and sent by mail or hand delivered with proper attachments and within the allotted timeframe.
Hand Delivery Hand delivery requires successful face-to-face contact with the perpetrator and a documented contact in the case management system. Time Computation Time computation for sending out the Notification of Assessment Outcome and Right to Request an Administrative Review (SF 53068) within 15 days:
1. Do not count the date the assessment was approved. Begin with the following day as day one (1);
2. The Notice must be mailed or hand delivered by the close of business on the 15th day, unless it is a day the office is closed. If the office is closed for business on the 15th day, the time frame is extended until the close of business on the next day that…