Procedural Guide 0070 563 by W872t0J

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									                                   Procedural Guide

                                     0070-559.10

                           SUMMARY OF CLEARANCES


Date Issued:          05/26/10

    New Policy Release

    Revision of Existing Procedural Guide 0070-559.10, Summary of Clearances dated
    04/16/08.


    Revision Made: NOTE: Current Revisions are highlighted

    Removed all references to Single Index, it has been replaced by the system
    LEADER. The policy was updated to reflect that when investigating a child abuse
    referral, a CLETS clearance shall be requested on referrals alleging at least one of
    the following: domestic violence, physical abuse, sexual abuse, substance abuse,
    exploitation or severe neglect. For referrals alleging emotional abuse or general
    neglect, a CLETS can be initiated when the CSW deems it relevant and
    appropriate.

Cancels: None



                                 DEPARTMENTAL VALUES

This policy supports the Department’s efforts to reduce recidivism and increase child
safety by having inter-departmental resources for the prevention of child abuse.
Obtaining clearance results supports the Department’s efforts to ensure child safety by
providing CSW’s with tools to assist in the assessment of a prospective caregiver’s
suitability as well as in conducting child abuse investigations.


                            WHAT CASES ARE AFFECTED

This Procedural Guide is applicable to all new and existing referrals and cases.




0070-559.10 (Rev. 05/10)                                                Page 1 of 6
                                 OPERATIONAL IMPACT

The following clearances are conducted to determine the criminal and child welfare
history of clients served by our Department. The results of each clearance should be
evaluated by the CSW and SCSW to determine the risk that person may pose to the
child(ren). The results should be used to ensure the child’s safety.

   California Law Enforcement Telecommunications System (CLETS) A criminal
    record check based upon demographic data supplied by the subject of inquiry.

   Child Abuse Central Index (CACI) A database maintained by the Department of
    Justice that contains records of child abuse investigations that resulted in either
    substantiated or inconclusive dispositions in California. A check of this database will
    determine if a subject is reported to have been the perpetrator or victim of child
    abuse and/or severe neglect within California.

   Out of State Child Abuse/Neglect Registry-A database maintained by States that
    contains records of child abuse investigations. A check of this database will
    determine if a subject is reported to have been the perpetrator or victim of child
    abuse or neglect.

    A list of State Child Abuse Registries is available at
    www.ccld.ca.gov/AdamWalshI_2609.htm, under List of Contacts for Other State’s
    Child Abuse and Neglect Registries. This website contains updated information
    regarding contacts, procedures and forms required for each state.

   Child Welfare Services/Case Management System (CWS/CMS) California’s
    statewide-automated information system composed of multiple software applications
    that provide comprehensive case management function and client information. A
    client search of this database will determine if a client has received child welfare
    services in California, and may include a record of those services.

   The Family and Children's Index (FCI) A computerized interagency data
    information system that is designed to better identify children and families who may
    be at-risk of abuse and neglect. FCI's centralized database ties together basic data
    about families and children that have had relevant contacts with public agencies and
    have been identified as at-risk for abuse or neglect. Participating departments
    identify these at-risk families and children and update FCI with basic identifying
    information. FCI is an additional resource for participating departments in providing
    pertinent information on contacts and events involving other agencies with an at-risk
    family.

    The SAAMS unit will search FCI for any known records and they will attach their
    findings to the referral and forward it to the CSW. The CSW must contact all the
    agencies listed on the FCI report prior to closing a referral or promoting a referral to
    a case.



0070-559.10 (Rev. 05/10)                                                    Page 2 of 6
   Juvenile Automated Index (JAI) A database of Los Angeles County Superior
    Court Juvenile case history. A check of this database will determine if a child has
    ever been a ward or dependent of the court.

   Live-Scan A criminal history check based upon the submission of the subjects’
    fingerprints to the DOJ. The inquiry will also include an inquiry of the Child Abuse
    Central Index and may involve an inquiry of the FBI database if there is an indication
    that the subject may have been arrested outside of California, or that the subject has
    been a resident of California for less than two years. The clearance will confirm the
    identity of the subject of the inquiry and give the subject’s history of arrests and
    convictions.

   Single Index The Single Index (SI) computer application has been replaced by the
    system LEADER.

   Los Angeles Eligibility Automated Determination Evaluation and Reporting
    System (LEADER) A system developed by the Department of Public Social
    Services (DPSS) to provide financial management and eligibility determination
    functions for Los Angeles County’s Cal-Works, Medi-Cal, Food Stamps, and other
    welfare benefit assistance programs. This system is used by the Child Abuse
    Hotline, Regional clerical staff, and the Revenue Enhancement Division‘s Eligibility
    Workers. Staff will be able to search for family composition information directly from
    the LEADER system for clients who may be receiving CalWORKs, Food Stamps,
    Medi-Cal, or other assistance benefits. Staff will go directly into the LEADER system
    to find family information they used to search for using Single Index. A check of this
    database can reveal if a family is currently receiving public assistance and, if the
    family is known to the database, the last known address and the identity of family
    members.

   Welfare Case Management Information System (WCMIS) A system used by
    several county departments including DCFS, In-Home Support Services, the District
    Attorney and Health Services to record the eligibility status for all welfare and
    Children’s Services applicants and recipients. LEADER may have more current
    information regarding Cal Works, Medi-Cal, Food Stamps and General Assistance,
    but WCMIS will have the most current information regarding Child Welfare services.
    Our Department updates WCMIS, not LEADER.

    The assignment clerk or unit clerk shall conduct WCMIS and LEADER clearances
    prior to the CSW’s receipt of a new referral or case and as needed by the CSW.

For further information regarding these clearances, check the related policy releases
listed on page 9. Enclosed is a reference guide that outlines when each type of
clearance shall be done.




0070-559.10 (Rev. 05/10)                                                 Page 3 of 6
              REFERENCE GUIDE – WHEN TO OBTAIN A CLEARANCE
                        SITUATION                                                    TYPE OF CLEARANCE




                                                                                                                  Out of State
                                                                                                          WCMIS
                                                                             CLETS




                                                                                                                  Registry
                                                                                                                  /Neglect
                                                                                                  SCAN




                                                                                                                  Abuse/
                                                                                     CWS/




                                                                                                  LIVE-
                                                                      CACI




                                                                                     CMS




                                                                                                                  Child
                                                                                            JAI
   Investigating A Referral: Adults In The Home (may                           X      X                   X
    include custodial, non-custodial parent, offending and non-                (5)    (7)
    offending parent, and any person that has significant
    contact with the child e.g. such as the boyfriend or girlfriend
    of the parent)
   Investigating A Referral: Children In The Home                                    X      X             X
                                                                                            (2)
Attempting To Locate Siblings                                                         X                    X
Recommending Placement Of A Child In The Home Of A                      X       X     X            X       X
Non-Offending Parent                                                   (1)     (3)
Assessment Of A Relative’s, Non-Relative Extended                       X       X     X            X       X           X
Family Member’s Home During The Approval Process-                      (1)     (3)                                    (6)
Adults In The Home
Assessment Of A Relative’s, Non-Relative Extended                       X       X     X      X      X      X
Family Member’s Home During The Approval Process -                             (2)          (2)    (2)
Children In The Home
Promoting A Referral To A Case: Adults                                  X       X                  X
                                                                       (1)
Promoting A Referral To A Case: Children                                X                           X
                                                                                                   (2)
New Person Moves Into The Home Of The Child                             X       X     X      X      X      X           X
                                                                       (1)                  (2)                       (6)
Recommending Unmonitored Visits For Parent/Legal                        X       X     X             X      X
Guardian That Does Not Have A Criminal History                         (1)                         (4)
Clearance On File
Recommending The Return To Parent Of A Child                            X       X     X             X      X
Receiving Fr/Pp Services                                               (1)                         (4)
Assessing A Prospective Legal Guardian Or Adoptive                      X             X      X      X      X           X
Parent                                                                 (1)                  (2)                       (6)
Criminal Background Check For Unlicensed Child Care                     X       X     X            X       X
Providers And Others With Frequent Contact With The                    (1)
Child-Open Case
 1. The CACI clearance will be submitted automatically with Live-Scan. Submit manually only if Live-
    Scan results are not received within 10 days.
 2. For children 14 years or older living in the home and the CSW believes may have a criminal record.
 3. For emergency placements only
 4. Prior to returning a child home and/or liberalizing visits to unmonitored, the parent(s) must re-submit
    to Live-Scan if the parent(s) agreed to this as part of the case plan. See Procedural Guide 0080-
    502.10, Initial Case Plan. If it’s not part of the case plan, complete a CLETS on the parent(s).
 5. Referrals alleging at least one of the following: domestic violence, physical abuse, sexual abuse,
    substance abuse, exploitation or severe neglect. For referrals alleging emotional abuse or general
    neglect, a criminal background check (CLETS) can be initiated when the CSW deems it relevant and
    appropriate.
 6. Only if the adult resided out of state in the last 5 years.
 7. This includes CWS/CMS history of parents as minors.
  SAAMS Unit is to provide the following clearances on all referrals: WCMIS, LEADER, and FCI. Unit
   clerks shall conduct WCMIS and LEADER clearances as needed for the CSW.



 0070-559.10 (Rev. 05/10)                                                                           Page 4 of 6
Clearances are considered to be current in the following time intervals:
             DAILY                         WITHIN 30 DAYS                  WITHIN 6 MONTHS
            CWS/CMS                    WCMIS, JAI, LEADER, CLETS           LIVE-SCAN, CACI



                          OVERVIEW OF STATUTES/REGULATIONS

Welfare and Institutions Code, Section 361.3-States that when a child is removed
from the custody of his/her parents, preferential consideration shall be given to a
request by a relative of the child for placement of the child with the relative. Provides a
list of factors that should be taken into consideration when determining if a relative
placement is appropriate. Defines preferential consideration and relative.

Welfare and Institutions Code, Section 361.4-States that prior to placing a child in the
home of a relative , or the home of any prospective guardian or other person who is not
a licensed or certified foster parent, the social worker shall ascertain the
appropriateness of the placement by conducting a criminal background check.

Welfare and Institutions Code, Section 366.21(f)-States that at the permanency
hearing, the court shall consider the criminal history, obtained pursuant to paragraph (1)
of subdivision (f) of Section 16504.5, of the parent or legal guardian subsequent to the
child's removal, provided that he or she agreed to submit fingerprint images to obtain
criminal history information as part of the case plan.

Welfare and Institutions Code, Section 16504.5-Authorizes a child welfare agency to
initiate or submit a criminal background check when an investigation involves a child in
which the child is alleged to come within the jurisdiction of the juvenile court under
Section 300, evaluating the home of a relative or non-relative extended family member,
when attempting to locate a parent or guardian of a child who is the subject of
dependency court proceedings, and when determining the suitability for reunification of
a parent or legal guardian with a dependent child subject to the jurisdiction of the
juvenile court.

CDSS MPP Division 31-405.1-Explains that when a social worker is arranging a child’s
placement, the social worker will assess all factors required in WIC Section 361.3.


                                                 LINKS

California Code                   http://www.leginfo.ca.gov/calaw.html
Division 31 Regulations           http://www.cdss.ca.gov/ord/PG309.htm
Title 22 Regulations              http://www.dss.cahwnet.gov/ord/PG295.htm
State Child Abuse Registries      www.ccld.ca.gov/AdamWalshI_2609.htm




0070-559.10 (Rev. 05/10)                                                         Page 5 of 6
                                 RELATED POLICIES

Procedural Guide 0070-548.18, Notice of Report to the Child Abuse Central Index
Procedural Guide 0070-559.11, Family & Children’s Index (FCI)
Procedural Guide 0070-560.10, Child Abuse Central Index (CACI)
Procedural Guide 0070-561.10, Live-Scan & California Law Enforcement
Telecommunications System (CLETS) Clearances
Procedural Guide 0070-563.10, Juvenile Automated Index (JAI) Clearance
Procedural Guide 0070-564.10, Welfare Case Management Information System
(WCMIS) Clearance
Procedural Guide 0070-565.10, Child Welfare Services/Case Management System
(CWS/CMS) Clearance
Procedural Guide 0080-502.10, Initial Case Plan
FYI 07-44, New Relative and Non-Relative Extended Family Member Approval
Requirements
FYI 09-54, LEADER


                             FORM(S) REQUIRED/LOCATION

HARD COPY             None

LA Kids:              None

CWS/CMS:              None

SDM:                  None




0070-559.10 (Rev. 05/10)                                           Page 6 of 6

								
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