CHILD PROTECTIVE SERVICES POLICY

1 December 2018 1 CHILD PROTECTIVE SERVICES POLICY West Virginia Department of Health and Human Resources Bureau for Children and Families Office of Children and Adult SERVICES Revised December 2018 December 2018 2 Section 1 Philosophy and Foundation .. 8 Introduction .. 8 Philosophical Principles .. 9 Mission of the Bureau for Children and Families .. 11 Roles .. 11 Legal Basis .. 12 Target Population .. 16 Casework Process .. 17 Reporting .. 17 Reporting and communication with the Family and Circuit Courts .. 20 Meaningful 21 Section 2 Definitions .. 22 Terms Defined by Statute .. 22 Operational Definitions .. 26 Neglected CHILD .

2 28 Additional Operational Definitions .. 30 Section 3 Intake Assessment .. 34 Introduction .. 34 Intake Assessment Protocol .. 34 Report Screening .. 37 Response Times .. 38 Reporting to Law Enforcement, Prosecuting Attorney and Medical Examiner .. 44 Centralized Intake .. 44 Repeat Maltreatment (Intake) .. 44 Reports Involving another 45 Reports Involving Non-Custodial Parents .. 46 Reports Involving Certain Abandoned Children (Safe Haven) .. 46 Reports Made by the Court during Infant Guardianship 47 Reports Involving Critical Incidents .. 47 Definitions: .. 47 Procedures .. 48 Reports Involving DHHR Employees or Other Potential Conflicts of Interest .. 48 Reports Involving Medical Neglect of a Disabled CHILD .

3 49 Reports Involving Domestic Violence .. 50 Reports Made by the Court during Domestic Violence PROTECTIVE Order Proceedings 50 Reports Involving Parents Knowingly Allowing Abuse and/or Neglect .. 51 Reports Involving Allegations Made During Divorce/Custody Proceedings .. 52 Reports Involving Substance Use or Abuse .. 53 Reports Involving Informal, Unlicensed/Unregistered CHILD Care Settings .. 54 Reports Involving Non-caregivers and/or Requests from Law Enforcement .. 56 Reports Involving Sexual or Abusive Interactions between Children .. 56 Reports Involving Registered CHILD Sex Offenders .. 57 Reports Involving Individuals on the CHILD Abuse and Neglect Registry .. 58 Reports Involving Pregnant Women Who do not have Children.

4 59 Reports Involving Educational Neglect .. 60 December 2018 3 Reports Involving Children Found at Clandestine Drug Laboratories and/or Exposed to Methamphetamine Residue Contamination .. 60 Reports Involving Human Trafficking .. 61 Reports Involving Institutional Investigative Unit (IIU) and CHILD Maltreatment in Group Residential and Foster Family Settings .. 62 Reports Involving the Institutional Investigative Unit (IIU) and CHILD Maltreatment in School 64 Reports involving Institutional Investigative Unit (IIU) and Licensed CHILD Care Centers/Registered Family CHILD Care Facilities/Registered Family CHILD Care homes .. 66 SECTION 4 FAMILY FUNCTIONING ASSESSMENT .. 69 Purpose of the Family Functioning 69 Family Functioning Assessment Protocol.

5 69 CPS Social Worker Preparation .. 70 Initial Family Contact .. 71 Notification of Parent s and Children s Rights .. 72 Information Collection .. 73 Family Functioning Assessment Areas .. 76 Present Danger Assessment .. 77 Temporary Protection Plans .. 80 Safety Evaluation .. 83 Maltreatment Findings .. 93 Safety Evaluation Conclusion .. 93 Case Transfer Conference .. 95 Safety Analysis and Safety Planning .. 95 In-home Safety Plan .. 96 Reasonable Efforts to Prevent Removal .. 97 Safety SERVICES .. 99 Safety SERVICES and Socially Necessary SERVICES .. 102 Out-of-Home Safety plan .. 103 Statutory Remedies for Protecting Children .. 105 Imminent Danger .. 106 Completion of the Family Functioning 106 Notification to individual s subject of the Family Functioning Assessment.

6 Note: Pilot Counties refer to special instructions regarding notification letters .. 108 Notification to parents who are not subject of the Family Functioning Assessment 109 Mandatory reporter notification .. 109 Diligent Efforts to locate children who are reportedly abused or neglected .. 109 Administrative Subpoena .. 110 Incomplete Family Functioning Assessments .. 111 WV Birth to Three Program Referrals .. 112 Personal Safety .. 112 Family Functioning Assessments where children are determined to be abused or neglected but safe .. 114 Completing Family Functioning Assessments in which reasonable efforts to prevent the CHILD from removal of the home is not required (49-4-602(d) .. 114 December 2018 4 Family Functioning Assessments Involving another Jurisdiction.)

7 115 Family Functioning Assessments Involving Certain Abandoned Children (Safe Haven) 116 Family Functioning Assessments Involving CHILD Custody .. 117 Family Functioning Assessments Involving Allegations Made During Infant Guardianship Proceedings .. 118 Family Functioning Assessments Involving Critical Family Functioning Assessments Medical Neglect of a Disabled CHILD (Baby Doe) 122 Family Functioning Assessments Involving Domestic Violence .. 123 Family Functioning Assessments Involving Allegations Made During Domestic Violence PROTECTIVE Order Proceedings .. 126 Family Functioning Assessments Involving Parents Knowingly Allowing Abuse and/or Neglect .. 127 Family Functioning Assessments Involving Allegations Made During Divorce/Custody Proceedings.

8 129 Investigations Involving Informal, Unlicensed/Unregistered CHILD Care Settings .. 131 Family Functioning Assessments Involving Non-Custodial Parents .. 133 Family Functioning Assessments Involving Substance Use or Abuse .. 133 Drug-Affected infants: .. 134 Family Functioning Assessments Involving Sexual or Abusive Interactions between 139 Family Functioning Assessments Involving Registered CHILD Sex Offenders .. 139 Family Functioning Assessments Involving Registered CHILD Abusers .. 140 Family Functioning Assessments Involving Educational Neglect .. 141 Repeat Maltreatment .. 142 Family Functioning Assessments Involving Human Trafficking .. 143 Family Functioning Assessments Involving Unaccompanied Children in Family Functioning Assessments Involving Referrals on Families in the Family Functioning Assessments Involving Temporary Assistance for Needy Families (TANF) Drug Investigations Involving Institutional Investigative Unit (IIU) and CHILD Maltreatment in Group Residential and Foster Family Settings.

9 149 Investigations Involving the Institutional Investigative Unit (IIU) and CHILD Maltreatment in School Settings .. 153 Investigation Involving Institutional Investigative Unit (IIU) and Licensed CHILD Care Centers/Registered Family CHILD Care Facilities/Registered Family CHILD Care Homes .. 155 SECTION 5 CPS ONGOING SERVICES .. 158 Introduction .. 158 Purpose of the PROTECTIVE Capacities Family Assessment and Family Case Plan .. 159 PROTECTIVE Capacity Family Assessment Concepts .. 159 Caregiver PROTECTIVE Capacities .. 159 Safe Home Environment .. 164 Family Centered Practice .. 164 Solution Based Intervention .. 164 December 2018 5 The Involuntary Client .. 165 Motivation and Readiness .. 165 Active Efforts.

10 167 Ongoing CPS Social Workers Responsibilities .. 167 Safety Intervention Competencies .. 168 The Ongoing CPS Social Worker s Role during the PROTECTIVE Capacity Family Assessment and Family Case Plan .. 169 SAMS Ongoing Case Management Responsibilities .. 172 Case Transfer-Preparing for the PROTECTIVE Capacities Family Assessment .. 172 Documentation Review .. 173 Case Transfer Staffing .. 174 Safety Management Responsibilities .. 175 Case Transfer meeting with the family .. 177 Ongoing Safety Management .. 177 Managing the In-Home Safety Plan .. 178 Managing the Out-of-Home Safety Plan .. 179 Continuing Formal Evaluation of CHILD Safety .. 181 Conducting the PROTECTIVE Capacities Family 183 PCFA Decisions.