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CHILD PROTECTIVE SERVICES
POLICY
West Virginia Department of Health and Human Resources
Bureau for Children and Families
Office of Children and Adult Services
Jane McCallister, Director, Children and Adult Services
Kathie King, Program Manager II, Children and Adult Policy
Toby Lester, CPS Program Specialist
Revised July 10, 2008
CHILD PROTECTIVE SERVICES .................................................................................................. 1
POLICY ............................................................................................................................................. 1
CHAPTER 70,000 ............................................................................................................................. 7
CHILD PROTECTIVE SERVICES SECTION 1 ............................................................................. 7
1.1 Introduction and Overview ...................................................................................................... 7
1.2 Philosophical Principles ........................................................................................................... 8
1.3 Mission..................................................................................................................................... 9
1.4 Purpose..................................................................................................................................... 9
1.5 Roles ........................................................................................................................................ 9
1.6 Legal Basis ............................................................................................................................ 10
1.7 Definitions............................................................................................................................. 13
1.7.1 Terms defined by law:..................................................................................................... 13
1.7.2 Terms defined for casework purposes (Operational Definitions) .................................. 15
1.8 Target Population .................................................................................................................. 18
1.9 Risk of Child Abuse or Neglect ............................................................................................ 19
1.10 Reporting............................................................................................................................. 20
1.11 CPS Casework Process ....................................................................................................... 23
1.12 Notification of Parent=s and Children=s Rights During Child Abuse and Neglect
Proceedings .................................................................................................................................. 24
CHILD PROTECTIVE SERVICES SECTION 2 ........................................................................... 26
2.1 Intake..................................................................................................................................... 26
2.2 Intake Process ....................................................................................................................... 26
2.3 Screening Process ................................................................................................................. 28
2.4 Response Times .................................................................................................................... 29
2.5 Reporting to Law Enforcement, Prosecuting Attorney and Medical Examiner.................... 32
2.6 Hot Line ................................................................................................................................ 33
2.7 Recurrent Reports ................................................................................................................. 33
2.8 Reports Involving Another Jurisdiction ................................................................................ 33
2.9 Reports Involving Certain Abandoned Children (Safe Haven) ............................................ 35
2.10 Reports Involving Child Custody ....................................................................................... 35
2.11 Reports Made by the Court During Infant Guardianship Proceedings ................................ 35
2.12 Reports Involving Critical Incidents .................................................................................... 36
2.13 Reports Involving DHHR Employees or Other Potential Conflicts of Interest .................. 37
2.14 Reports Involving Disabled Infants or Children with Life-threatening Conditions (Baby
Doe).............................................................................................................................................. 38
2.15 Reports Involving Domestic Violence ................................................................................ 39
2.15.1 Reports Made by the Court During Domestic Violence Protective Order Proceedings ... 40
2.16 Reports Involving Parents Knowingly Allowing Abuse and/or Neglect ............................. 40
2.17 Reports Involving Allegations Made During Divorce/Custody Proceedings ...................... 42
2.18 Reports Involving Family Child Care Settings .................................................................... 42
2.19 Reports Involving Non-custodial Parents ........................................................................... 44
2.20 Reports Involving Parental Substance Abuse ..................................................................... 44
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2.21 Reports Involving Drug-affected Infants ........................................................................... 45
2.22 Reports Involving Requests from Law Enforcement .......................................................... 46
2.23 Reports Involving School Personnel ................................................................................... 47
2.24 Reports Involving Sexual or Abusive Interactions between Children ................................. 47
2.25 Reports Involving Registered Child Sex Offenders ............................................................. 48
2.26 Reports involving individuals on the Child Abuse and Neglect Registry .......................... 49
CHILD PROTECTIVE SERVICES SECTION 3 ........................................................................... 50
3.1 Initial Assessment and Safety Evaluation .............................................................................. 51
3.2 Purposes ................................................................................................................................ 51
3.3 Decisions ............................................................................................................................... 51
3.4 Initial Assessment Protocol................................................................................................... 52
3.5 Interviews .............................................................................................................................. 55
3.6 Risk Assessment ................................................................................................................... 57
3.7 Determining Risk Level ....................................................................................................... 58
3.8 Foreseeable Dangers SECTIONS 3.8, 3.9, 3.10, AND PARTS OF 3.14 AND 3.17 HAVE
BEEN REPLACED BY WEST VIRGINIA SAFETY FIRST. PLEASE CONSULT THE
SAFETY FIRST CONSTRUCTS, SAFETY FIRST FORMS AND OTHER SAFETY FIRST
MATERIALS PROVIDED DURING TRAINING FOR THE PROCEDURES FOR
COMPLETING THE SAFETY ASSESSMENT, SAFETY PLANS AND CASE OPENING. . 59
3.9 Safety Evaluation .................................................................................................................. 61
3.10 Safety Analysis and Plan .................................................................................................... 61
3.11 Safety Plan - In Home ......................................................................................................... 64
3.12 Safety Services .................................................................................................................... 65
3.13 Reasonable Efforts to Prevent Removal ............................................................................. 70
3.14 Safety Plan - Out-of-Home ................................................................................................. 71
3.15 Court Involvement ............................................................................................................... 72
3.16 Imminent Danger ................................................................................................................ 73
3.17 Completion of Initial Assessment and Safety Evaluation ................................................... 75
Birth to Three Program Referrals............................................................................................. 75
3.18 Incomplete Initial Assessments and Safety Evaluations ..................................................... 80
3.19 Initial Assessments Involving Another Jurisdiction ........................................................... 81
3.20 Initial Assessments Involving Certain Abandoned Children .............................................. 82
3.21 Initial Assessments Involving Child Custody ..................................................................... 83
3.22 Initial Assessments Involving Allegations Made During Infant Guardianship Proceedings
...................................................................................................................................................... 84
3.23 Initial Assessments Involving Critical Incidents................................................................. 85
3.25 Initial Assessments Involving Disabled Infants or Children with Life-threatening
Conditions (Baby Doe) ................................................................................................................ 87
3.26 Initial Assessments Involving Domestic Violence ............................................................. 89
Potential questions for the child(ren)1 ..................................................................................... 93
Potential Questions for Adult Victim: ..................................................................................... 95
Questions for the alleged maltreater/batterer: .......................................................................... 98
3.26.1 Initial Assessments Involving Allegations Made During Domestic Violence Protective
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Order Proceedings ...................................................................................................................... 103
3.27 Initial Assessments Involving Parents Knowingly Allowing Abuse and/or Neglect ......... 104
3.28 Initial Assessments Involving Allegations Made During Divorce/Custody Proceedings . 106
3.29 Investigations Involving Family Child Care Settings ....................................................... 108
3.30 Initial Assessments Involving Non-Custodial Parents ...................................................... 111
3.31 Initial Assessments Involving Drug-affected Infants ......................................................... 112
3.32 Initial Assessments Involving Parental Substance Abuse ................................................. 113
3.33 Initial Assessments Involving Requests from Law Enforcement ..................................... 114
3.34 Initial Assessments Involving School Personnel .............................................................. 114
3.35 Initial Assessments Involving Sexual or Abusive Interactions Between Children ........... 114
3.36 Initial Assessments Involving Registered Child Sex Offenders ........................................ 115
3.36 Initial Assessments Involving Registered Child Abusers .................................................. 117
CHILD PROTECTIVE SERVICES SECTION 4 ......................................................................... 118
4.1 Family Assessment and Treatment Planning ..................................................................... 118
4.2 Purposes .............................................................................................................................. 118
4.4 Principles............................................................................................................................. 120
4.5 Family Assessment Protocol ............................................................................................... 120
4.6 Completing the Family Assessment .................................................................................... 121
4.7 Risk Reduction .................................................................................................................... 121
4.8 Analysis ............................................................................................................................... 123
4.9 Treatment Planning ............................................................................................................. 124
4.10 Purposes ............................................................................................................................ 124
4.11 Decisions ........................................................................................................................... 124
4.12 Structure ............................................................................................................................ 125
4.13 Outcomes Selection .......................................................................................................... 125
4.14 Dimensions ....................................................................................................................... 126
4.15 Family Assessment-Finalization ....................................................................................... 127
4.16 Measures ........................................................................................................................... 128
4.17 Services ............................................................................................................................. 128
4.18 Treatment Plan .................................................................................................................. 131
4.19 Considering Potential for Change .................................................................................... 133
4.20 Use of Other Service Providers ......................................................................................... 134
4.21 Revising/Eliminating Safety Plan ..................................................................................... 134
4.22 Completion of Family Assessment and Treatment Plan ................................................... 135
4.23 Contacts.............................................................................................................................. 136
4.24 Case Management ............................................................................................................. 136
4.25 Family Assessment and Treatment Plan and Foster Care/Legal Requirements ................ 137
4.26 Open CPS Cases with Non-CPS Initiated Family Court Involvement ............................. 138
CHILD PROTECTIVE SERVICES SECTION 5 Case Evaluation .............................................. 139
5.2 Purposes .............................................................................................................................. 140
5.3 Decisions ............................................................................................................................. 140
5.4 Case Evaluation Protocol .................................................................................................... 141
5.5 Contacts............................................................................................................................... 144
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5.6 Risk Assessment and Reunification .................................................................................... 144
5.7 Final Risk Assessment and Case Closure ........................................................................... 145
5.8 Contacts............................................................................................................................... 151
CHILD PROTECTIVE SERVICES SECTION VI ( General Information) .................................. 151
6.1 Appeals and Grievances ....................................................................................................... 151
6.2 Confidentiality .................................................................................................................... 153
6.3 Payment Guidelines ............................................................................................................ 155
6.3.1 AGibson@ Payments ........................................................................................................ 155
6.3.2 Medical and Mental Examinations .................................................................................. 157
6.3.3 Photographs and X rays ................................................................................................... 158
6.3.4 Expert and Fact Testimony ............................................................................................. 159
6.3.5 Special Medical Card (formerly known as zero recipient medical card) ........................ 160
CHILD PROTECTIVE SERVICES SECTION VII (Legal Requirements and Processes) ........... 160
7.1 Voluntary Placement of a Child in the Custody of the Department........................................ 161
7.2 Reasonable Efforts .................................................................................................................. 163
7.3 Aggravated Circumstances and other situations where reasonable efforts are not required ... 164
7.4 Imminent Danger .................................................................................................................... 166
7.5 Emergency Custody ................................................................................................................ 167
7.5.1 Taking Custody of a Child in Imminent Danger Without Prior Judicial Authorization .. 167
7.5.2 Custody of a Child Taken by a Law Enforcement Officer............................................... 169
7.6 Multidisciplinary Investigative Team ..................................................................................... 172
7.7 Medical Examination of a Child for Evidentiary Purposes .................................................... 172
7.8 Filing a Petition ....................................................................................................................... 173
7.9 Role of the Prosecuting Attorney ............................................................................................ 177
7.10 Temporary Custody Pending a Preliminary Hearing ............................................................ 178
7.11 Placement Requirements ....................................................................................................... 178
7.12 Court Appointed Legal Counsel ........................................................................................... 179
7.13 Court Appointed Special Advocate (CASA) ........................................................................ 179
7.14 Discovery .............................................................................................................................. 180
7.15 Preliminary Hearing .............................................................................................................. 181
7.16 Child Support ........................................................................................................................ 186
7.17 Multidisciplinary Treatment Team ....................................................................................... 186
7.18 Medical and Mental Examinations ....................................................................................... 186
7.19 Adjudicatory Hearing ............................................................................................................ 186
7.20 Dispositional Hearing ........................................................................................................... 192
7.21 Family Case Plan .................................................................................................................. 200
7.22 Time Limited Reunification Services ................................................................................... 200
7.23 Child’s Case Plan .................................................................................................................. 201
7.24 Administrative Review ......................................................................................................... 201
7.25 Judicial Review ..................................................................................................................... 201
7.26 Change in a Child’s Placement - Report to the Court ........................................................... 201
7.27 Permanency Placement Reviews and Post-Termination Placement Plan ............................. 201
7.28 Circumstances Requiring Termination of Parental Rights ................................................... 201
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APPENDIX A WEST VIRGINIA STATE POLICE CHILD ABUSE AND NEGLECT
INVESTIGATIVE UNIT CHILD PROTECTIVE SERVICES REFERRAL AND
INVESTIGATION PROTOCOL ................................................................................................... 201
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CHAPTER 70,000
CHILD PROTECTIVE SERVICES SECTION 1
1.1 Introduction and Overview
This policy sets forth the philosophical, legal, practice and procedural issues which currently
apply to Child Protective Services (CPS) in West Virginia. This material is based upon a
combination of requirements from various sources, including but not limited to: social work
standards for practice; the statutes contained in Chapter 49 of the Code of West Virginia; the
amended consent decree entered in the case of Gibson v. Ginsberg; the Rules of Procedure
for Child Abuse and Neglect Proceedings issued by the Supreme Court; the CPS decision-
making model known as the West Virginia Child Protective Services System (WVCPSS);
case decisions made by the West Virginia Supreme Court; and, the Child Abuse Prevention
and Treatment Act and the Adoption and Safe Families Acts, both enacted by the U. S.
Congress. The West Virginia Child Protective Services System is a Risk and Safety Based
Decision-Making Model adopted and implemented in West Virginia in 1992. The model is
adapted from the Child at Risk Field System, developed by ACTION for Child Protection, a
non-profit child welfare agency with headquarters in Charlotte, North Carolina and Placitas,
New Mexico. A considerable portion of this material is adapted from AChild Protective
Services Risk Management: A Decision Making Handbook@ authored by Wayne Holder and
Michael Corey, 1986, revised edition 1995, which was adopted and implemented as part of
the policy and procedures for Child Protective Services in West Virginia in 1992. This
handbook and the accompanying AForms and Instructions Book@ continue to serve as a
supplement to this Child Protective Services Policy as guidelines for best practice standards.
All DHHR employees who have any responsibility for any part of Child Protective Services
must be familiar with and have immediate access to the CPS Policy, the Handbook, the
Forms and Instructions Book, Chapters 48 and 49 of the Code of West Virginia and the
(Court) Rules of Procedure for Child Abuse and Neglect Proceedings.
Child Protective Services is a specialized component of a broader public system of services
to children and families. The abuse and neglect of children moved from being largely a
private matter to one of public concern in the late 19 th century. During the first half of the 20th
century, the protection of children was initiated through the efforts of local, private, non-profit
societies for the prevention of cruelty to children. There were more than 250 such societies
in the 1920's acting as a catalyst to bring resources to families and protection through the
courts to the children involved in abuse and neglect. In West Virginia, Societies for the
Prevention of Cruelty to Children were organized in Wheeling and Charleston in the late
1800's and eventually a chapter was established in each county. Gradually, public social
services agencies began to take on more of this responsibility. During the 1960's and
1970's, major developments in child protection began to take place. Reporting laws were
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passed in every state, including West Virginia, which requires certain professionals to report
child abuse or neglect to local child protection departments. The overall trend in public child
protection has been in the direction of providing social services so that families can ultimately
become able to protect and effectively parent their children. Yet, there are situations when
family preservation is not possible and the safety needs of the child require another
alternative.
On November 19, 1997, the President signed into law the Adoption and Safe Families Act of
1997 (ASFA). This legislation, passed by Congress with overwhelming bipartisan support
represented an important landmark in child welfare law. It established unequivocally that the
national goals for children in the child welfare system are safety, permanency and well-being.
The law reaffirmed the need to forge linkages between the child welfare system and other
systems of support for families, as well as between the child welfare system and the courts,
to ensure the safety and well-being of children and their families. The Child Protection
system of the 21st century is emerging as one in which there will be a greater emphasis on
collaboration between CPS, Courts, Law Enforcement, Health and Mental Health and
community services agencies as well as a greater emphasis on timely outcomes for children
and their families.
1.2 Philosophical Principles
Philosophical beliefs about child maltreatment and their effects on families are the single
most important variable in the provision of quality CPS. Thoughts about families, interactions
with them, the decisions made independently and with families, and how the community is
involved to assist them are determined in advance by what is believed.
The most basic and powerful influence of helping in CPS is expressed by consistently
applying professional beliefs and values. The following philosophical principles represent the
social work orientation to CPS. These principles are fundamental to the social work
discipline and may not apply to other disciplines or agencies.
Inadequate parenting and child maltreatment are ecological phenomenon influenced
by personal, social, and societal factors. Most often they represent examples of
failure and despair, rather than willful premeditated behaviors.
Punishing parents will do little to resolve the causes of the problem and such action is
not the responsibility of CPS staff.
CPS is child-centered and family-focused. The aim is to strengthen the functioning of
the family unit, while assuring adequate protection and safety for the child.
Effective intervention requires that CPS respond in a non-punitive, non-critical manner
and offer help in the least intrusive manner possible.
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All of CPS intervention should be directed by helpfulness.
CPS should collaborate and coordinate with the family and other disciplines, while it
maintains its unique roles and functions.
Child abuse and neglect are multi-faceted problems which affect the entire
community. A coordinated, multi disciplinary effort which involves a broad range of
community agencies and resources is essential for an effective child abuse and
neglect response system.
Most CPS families and family members can change their behavior if provided
sufficient help to empower them.
It is best to keep children with their parents when safety can be controlled.
Families should be involved in the casework process.
1.3 Mission
West Virginia=s Department of Health and Human Resources (DHHR), Bureau for Children
and Families (BCF) is dedicated to providing and assuring accessible quality services for
individuals and families to achieve their maximum potential and improve their quality of life.
The Office of Children and Adult Services (CAS) is committed to collaborate in providing a
social service delivery system that assures safety and promotes the health, stability and well-
being of vulnerable adults, children and families.
1.4 Purpose
There are two primary purposes for CPS intervention;
to protect and control the safety of children who are at risk of maltreatment, and;
to provide services to alter the conditions which created the risk of maltreatment.
1.5 Roles
The CPS worker has the following roles;
Problem Identifier - The social worker gathers, studies and analyzes information
about the child and the family. The worker also offers help to families in which risk is
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identified, secures the safety of the child, justifies the need for CPS intervention and
evaluates the causes of risk.
Case Manager- In this capacity the social worker assesses family problems and
dynamics which contribute to risk of maltreatment and plans and devises strategies to
eliminate risk and to effect change in the family. The worker orchestrates all planning,
report, and follow-up activities related to the case and facilitates the use of agency
and community systems to assist the child and family. The worker also reviews client
progress, maintains accurate documentation and records, and advocates for the
client by supporting, creating, and promoting the helping process.
Treatment Provider- The social worker works directly with families in helping them to
stop the maltreatment and to learn new ways of relating to and being responsible for
their children. The worker also serves as a role model, encourages client motivation
and facilitates problem solving and decision making on the part of families.
The CPS supervisor has the following roles:
Administrator - The supervisor makes decisions on specific case activities, case
assignments and on relevant personnel matters. The supervisor also regulates the
practice of social workers with child protection cases and ensures the quality of
practice. The supervisor serves as a link between workers and community resources
and with administrative staff.
Educator - The supervisor plans and carries out activities related to the professional
development of employees.
Coach - The supervisor motivates and reinforces employees in the performance of
their duties.
1.6 Legal Basis
CPS stems from both a social concern for the care of children and from a legal concern for
the rights of children. Child abuse and neglect are legally recognized and legally defined
terms. The DHHR is legally required to provide CPS. The legal basis of CPS is contained in
Chapter 49 of the Code of West Virginia. The Rules of Procedure for Child Abuse and
Neglect Proceedings issued by the Supreme Court of West Virginia and opinions entered by
the Court in various cases also provide further interpretation and clarification of the statutes.
Excerpts from Chapter 49 regarding the specific role and duties of CPS are included here;
however, reference should be made to the entire Chapter and to the Rules and opinions of
the Court. Other parts of the West Virginia State Code relevant to Child Protective Services
are Chapters 27, 48 and 61, which contain the statutes for Mentally Ill Persons, Domestic
Relations and Crimes and Punishment. The statutes may be found within FACTS (go to
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FACTS, Help, Court/Legal, WV Code) or on the internet at www.legis.state.wv.us. The
Rules of Procedure for Child Abuse and Neglect Proceedings and Court Opinions may be
found on the internet at www.state.wv.us/wvsca.
49-1-1 Purpose (Provides the framework for the Child Protection system in WV.)
(a) The purpose of this chapter is to provide a comprehensive system of child welfare
throughout the state which will assure to each child such care and guidance, preferably in
his or her home, and will service the spiritual, emotional, mental and physical welfare of the
child; preserve and strengthen the child=s family ties whenever possible with recognition of
the fundamental rights of parenthood and with recognition of the state=s responsibility to
assist the family in providing necessary education and training and to reduce the rate of
juvenile delinquency and to provide a system for the rehabilitation or detention of juvenile
delinquents and the protection of the welfare of the general public. In pursuit of these goals
it is the intention of the Legislature to provide for removing the child from the custody of
parents only when the child=s welfare or the safety and protection of the public cannot be
adequately safeguarded without removal; and, when the child has to be removed from his or
her family, to secure for the child custody, care and discipline consistent with the child=s best
interests and other goals herein set out.
49-2-16 State responsibility for child care (Empowers the DHHR to accept custody of
children.)
The state department is hereby authorized and empowered to provide care, support and
protective services for children who are handicapped by dependency, neglect, single parent
status, mental or physical disability, or who for other reasons are in need of public service.
Such department is also hereby authorized and empowered in its discretion to accept
children for care from their parent or parents, guardian, custodian or relatives and to accept
the custody of children committed to its care by courts exercising juvenile jurisdiction. The
department.....or any county office of such department is also hereby authorized and
empowered in its discretion to accept temporary custody of children for care from any law-
enforcement officer in an emergency situation.
49-6A-9 Establishment of child protective services; general duties and powers; cooperation
of other state agencies. (Mandates the DHHR to establish CPS.)
(a) The state department shall establish or designate in every county a local child protective
services office to perform the duties and functions set forth in this article.
(b) The local child protective service shall investigate all reports of child abuse or neglect:
Provided, that under no circumstances shall investigating personnel be relatives of the
accused, the child or the families involved. In accordance with the local plan for child
protective services, it shall provide protective services to prevent further abuse or neglect of
children and provide for or arrange for and coordinate and monitor the provision of those
services necessary to ensure the safety of children. The local child protective service shall
11204
be organized to maximize the continuity of responsibility, care and service of individual
workers for individual children and families: Provided, however, that under no circumstance
may the secretary or his or her designee promulgate rules or establish any policy which
restricts the scope or types of suspected abuse or neglect of minor children which are to be
investigated or the provision of appropriate and available services.
Each local child protective service office shall:
1. Receive or arrange for the receipt of all reports of children known or suspected to be
abused or neglected on a twenty-four hour, seven-day-a-week basis and cross-file all
such reports under the names of the children, the family, any person substantiated as
being an abuser or neglecter by investigation of the department...,with use of such cross-
filing of such person=s name limited to the internal use of the department;
2. Provide or arrange for emergency children=s services to be available at all times;
3. Upon notification of suspected child abuse or neglect, commence or cause to be
commenced a thorough investigation of the report and the child=s environment. As a
part of this response, within fourteen days, there shall be : A face-to-face interview with
the child or children, and the development of a protection plan, if necessary for the safety
or health of the child, which may involve law-enforcement officers or the court;
4. Respond immediately to all allegations of imminent danger to the physical well-being of
the child or of serious physical abuse. As a part of this response, within seventy-two
hours, there shall be: A face-to-face interview with the child or children and the
development of a protection plan which may involve law-enforcement officers or the
court; and
5. In addition to any other requirements imposed by this section, when any matter regarding
child custody is pending, the circuit court or family court judge may refer allegations of
child abuse and neglect to the local child protective service for investigation of the
allegations as defined by this chapter and require the local child protective service to
submit a written report of the investigation to the referring circuit court or family court
judge within the time frames set forth by the circuit court or family court judge.
(c) In those cases in which the local child protective service determines that the best interest
of the child require court action, the local child protective service shall initiate the appropriate
legal proceeding.
(d) The local child protective service shall be responsible for providing , directing or
coordinating the appropriate and timely delivery of services to any child suspected or known
to be abused or neglected, including services to the child=s family and those responsible for
the child=s care.
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(e) To carry out the purposes of this article, all departments, boards, bureaus and other
agencies of the state or any of its political subdivision and all agencies providing services
under the local child protective service plan shall, upon request, provide to the local child
protective service such assistance and information as will enable it to fulfill its
responsibilities.
1.7 Definitions
1.7.1 Terms defined by law:
Child: means any person less than eighteen years of age. (49-1-2)
Abandoned: means to be without supervision or shelter for any unreasonable period of time
in light of the child=s age and the ability to care for him/ herself in circumstances presenting
an immediate threat of serious harm to such child. (49-6-9(g)(1))
Abused child: means a child whose health or welfare is harmed or threatened by a parent,
guardian or custodian who knowingly or intentionally inflicts, attempts to inflict or knowingly
allows another person to inflict, physical injury or mental or emotional injury, upon the child or
another child in the home; or sexual abuse or sexual exploitation; or the sale or attempted
sale of a child by a parent, guardian or custodian and domestic violence... In addition to its
broader meaning, physical injury may include an injury to the child as a result of excessive
corporal punishment. (49-1-3)
Neglected child: means a child whose physical or mental health is harmed or threatened by a
present refusal, failure or inability of the child=s parent, guardian or custodian to supply the
child with necessary food, clothing, shelter, supervision, medical care or education, when
such refusal, failure or inability is not due primarily to a lack of financial means on the part of
the parent, guardian or custodian; or who is presently without necessary food, clothing,
shelter, medical care, education or supervision because of the disappearance or absence of
the child=s parent or guardian. (49-1-3)
Child abuse and neglect services: means social services which are directed toward:
protecting and promoting the welfare of children who are abused or neglected; identifying,
preventing and remedying conditions which cause child abuse and neglect; preventing the
unnecessary removal of children from their families by identifying family problems and
assisting families in resolving problems which could lead to a removal of children and a
breakup of the family; in cases where children have been removed from their families,
providing services to the children and the families so as to restore such children to their
families; placing children in suitable adoptive homes when restoring the children to their
families is not possible or appropriate; and assuring the adequate care of children away from
their families when the children have been placed in the custody of the department or third
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parties. (49-1-3)
Custodian: a person who has or shares actual physical possession or care and custody of a
child regardless of whether such person has been granted custody of the child by a contract,
agreement or legal proceedings. (49-1-5)
Domestic Violence-legal definition (also see Operational Definitions): means the occurrence
of one or more of the following acts between family or household members: (1) attempting to
cause or intentionally, knowingly or recklessly causing physical harm to another with or
without dangerous or deadly weapons; (2) placing another in reasonable apprehension of
physical harm; (3) creating fear of physical harm by harassment, psychological abuse or
threatening acts; (4) committing either sexual assault or sexual abuse as those terms are
defined in articles eight-b and eight-d, chapter sixty-one of this code; and (5) holding,
confining, detaining or abducting another person against that person=s will. AFamily or
household member@ means current or former spouses, persons living as spouses, persons
who formerly resided as spouses, parents, children and stepchildren, current or former
sexual or intimate partners, other persons related by blood or marriage, persons who are
presently or in the past have resided or cohabited together or a person with whom the victim
has a child in common. (48-2A-2)
Imminent danger: An emergency situation in which the welfare or the life of the child is
threatened. Such emergency exists when there is reasonable cause to believe that any child
in the home is or has been sexually abused or sexually exploited, or reasonable cause to
believe that the following conditions threaten the health or life of any child in the home:
1. Non accidental trauma inflicted by a parent, guardian, sibling or a babysitter or other
caretaker; or
2. A combination of physical and other signs indicating a pattern of abuse which may be
medically diagnosed as battered child syndrome; or
3. Nutritional deprivation; or
4. Abandonment by the parent, guardian or custodian; or
5. Inadequate treatment of serious illness or disease; or
6. Substantial emotional injury inflicted by a parent, guardian or custodian; or
7. Sale or attempted sale of the child by the parent, guardian or custodian.
Serious physical abuse: bodily injury which creates a substantial risk of death, which causes
serious or prolonged disfigurement, prolonged impairment of health or prolonged loss or
impairment of the function of any bodily organ. (49-1-3)
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Sexual abuse: means (A) as to a child who is less than sixteen years of age, any of the
following acts which a parent, guardian or custodian shall engage in, attempt to engage in, or
knowingly procure another person to engage in, with such child, notwithstanding the fact that
the child may have willingly participated in such conduct or the fact that the child may have
suffered no apparent physical injury or mental or emotional injury as a result of such
conduct: sexual intercourse or sexual intrusion or sexual contact (B) as to a child who is
sixteen years of age or older any of the following acts which a parent, guardian or custodian
shall engage in, attempt to engage in, or knowingly procure another person to engage in,
with such child, notwithstanding the fact that the child may have consented to such conduct
or the fact that the child may have suffered no apparent physical injury or mental or
emotional injury as a result of such conduct: sexual intercourse, or sexual intrusion or sexual
contact, or 8) Any conduct whereby a parent, guardian or custodian displays his or her sex
organs to a child, or procures another person to display his or her sex organs to a child, for
the purpose of gratifying the sexual desire of the parent, guardian or custodian, of the person
making such display, or of the child, or for the purpose of affronting or alarming the child.
(49-1-3)
Sexual Exploitation: means (1) an act whereby a parent, custodian or guardian, whether for
financial gain or not, persuades, induces, entices or coerces a child to display his or her sex
organs for the sexual gratification of the parent, guardian, custodian or a third person, or to
display his or her sex organs under circumstances in which the parent, guardian or custodian
knows such display is likely to be observed by others who would be affronted or alarmed.
(49-1-3)
“Knowingly Allows…”: means a parent, guardian or custodian who…knowingly allows
another person to inflict physical injury, emotional or mental injury, upon the child or another
child in the home. “The term “knowingly” …does not require that a parent actually be present
at the time the abuse occurs, but rather that the parent was presented with sufficient facts
from which he or she could have and should have recognized that abuse has occurred
(Department of Health and Human Resources ex rel. Wright vs. Doris S. 1996).
1.7.2 Terms defined for casework purposes (Operational Definitions)
Abandonment: Child left for extended periods of time without adequate supervision or
provision of basic needs. Parent has disappeared and it is not known when he/she may
return. No long-term provisions have been made for care of child. May also include
situations in which the parent may be physically present, but in a condition that prevents
him/her from caring for the child.
Battered Child Syndrome: A medical condition, primarily of infants and young children, in
which there is evidence of repeated inflicted injury to the nervous, skin, or skeletal system.
Frequently the history as given by the caretaker does not adequately explain the nature of
occurrence of the injuries. A medical diagnosis is required to determine if a child suffers
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from battered child syndrome.
Child Maltreatment: When a child is physically, emotionally, or sexually treated by caretakers
in such a manner that the child=s emotional, cognitive, and/or physical development is or will
be impaired, and the caretakers are unwilling or unable to behave differently.
Child Protective Services: A specialized Department service extended to families o n behalf
of children who are abused or neglected, or at risk of being abused or neglected by their
parents, guardians or custodians having responsibility for their care.
Corporal punishment: Physical punishment inflicted directly upon the body.
Domestic Violence: Domestic violence is a pattern of coercive behaviors used by one person
in order to maintain power and control in a relationship. The pattern of coercive behaviors
include tactics of physical, sexual, verbal, emotional and economical abuse, threats,
intimidation, isolation, minimizing, and using children.
Emotional or mental maltreatment: Verbal assault, intimidation, constant berating, continual
scapegoating or rejection of a child. Parent does not allow child physical contacts and
minimizes or avoids functional contacts. Declines to help and support child when he/she is
in trouble. Child is confined to room for several days or more, or is confined in any cramped
or dark enclosure for any period of time. Child is not allowed outside for a week or more.
Any sensory deprivation or placement in frightening situation. Child is harnessed, tied or
bound. Child left alone for extended periods of time on short notice with persons who are
unfamiliar to the child and do not normally care for him/her, without preparation. Child has
been shifted from one home to another, or child has been deserted or abandoned and there
is no indication that parent intends to return. Child has witnessed domestic violence within
the home.
Excessive corporal punishment: Physical punishment inflicted directly upon the body which
results in an injury to the child. This includes lacerations, broken bones, bruises, welts,
burns, bites, or internal injuries.
Failure or inability to supply necessary clothing: Basic and essential items of clothing are not
provided. There are so few clothes, or so few of the right kinds of clothes to protect the child
from the elements, that he/she is sometimes unable to perform normal and necessary
activities, such as going outdoors or going to school. Clothes are soiled or stained and are
not washed regularly. Peers may not play with child because of odor.
Failure or inability to supply necessary education: A school-aged child is not enrolled in
school, or attends school irregularly or not at all for weeks at a time. Parent makes no effort
to correct issue of truancy. Parent does not participate in planning for education of special
needs child.
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Failure or inability to supply necessary food: Meals have not been provided at all for several
days and there is almost no food in the home and/or child is unable to feed self. Child is
hungry and may eat non-food items or spoiled food. In more extreme forms, the child may
suffer from some clinical symptoms of malnutrition, dehydration, food poisoning, such as
weight loss or failure to thrive, and medical attention and/or hospitalization may be required.
Failure or inability to supply necessary medical care, including hygiene: Child does not
regularly bathe or wash even when dirty. Hair is visibly dirty. Untreated lice may be a
problem. May emit body or mouth odor. Teeth encrusted with green or brown matter.
Complaints have been made about hygiene. Peers will not play with child due to poor
hygiene. Medical care for an injury or illness that usually should receive treatment has not
been provided and the medical treatment would reduce risk of complications, relieve pain,
speed healing or reduce risk of contagion. Child could benefit from mental health treatment
and is not receiving such services. Recommendation that child have a mental health
evaluation and no action has been taken by the parent. In more extreme forms, neither
medical care, mental health treatment nor a diagnostic assessment has been obtained for an
illness or disability that interferes with normal functioning or may be life-threatening or may
result in permanent impairment or may be a serious threat to public health. Child may
present a danger to the safety of self or others and is not being provided mental health care.
Failure or inability to supply necessary shelter: Essential utilities such as water, heat or fuel
for cooking have not been available at all for several days and are not expected to be
restored. Alternate sources are not available or not used. Hazardous conditions exist in
the home, such as leaking gas from a stove or heating unit, peeling lead-based paint, hot
water steam leaks from radiators, dangerous substances or objects stored in unlocked lower
shelves or cabinet, no guards on open windows or broken or missing windows. Trash and
junk are piled up and layered on the floor so that it is difficult to get around. Dishes are
rarely washed and child eats off dirty dishes. Perishable foods are found spoiled and are not
discarded. Heavy infestation of rodents or insects; including lice. Creeping vermin have
Ataken over@. Child sleeps on dirty mattresses, or on linens black with dirt and soil. Carpet,
tile, doors, bathroom fixtures are layered with encrusted dirt, debris, food wastes, human or
animal excrement. Home smells overwhelmingly of urine, feces or spoilage.
Failure or inability to supply necessary supervision: Parent exercises little supervision over
younger child, under age 12, either inside or outside the home. Child has been found
playing at home with objects that could hurt him/her, or in unsafe circumstances. Parent
often does not know where the child is. Child wanders to unfamiliar areas and sometimes
needs stranger=s help to return home. In general, child is given far too much responsibility
for own safety. Parent has few, if any, rules for older child, over age 11, and rarely enforces
any. Child often stays out all night without parent knowing where he/she is or when he/she
may return. Parent usually has no idea what child is doing and makes no attempt to find out.
Parent may say they are helpless to control child, or may defend child=s independence.
Child left in care of an incapable person, (another young child, incapacitated adult) when the
parent goes out. Child left alone at home and is unable to handle basic needs, such as
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getting something to eat or calling for help in an emergency. Child is denied access to or
expelled from his or her own home and has no place to go.
Physical abuse: Non-accidental trauma to the body, such as bruises, welts, scratches, cuts,
scars, burns or fractures.
Risk: The likelihood that a child will be maltreated.
Safety: the current well-being of a child who has been assessed to be at risk of maltreatment
in consideration of the controllability of risk influences, the immediacy of the risk of
maltreatment, and the likely severity of the potential maltreatment.
Sexual abuse: Contact or interaction between a child and a parent, guardian or custodian,
which is of a sexual nature and may include sexually suggestive verbal remarks and/or
requests, intimate kissing or touching, fondling of genitals or breasts, intercourse, digital
penetration, sodomy, oral sex, exhibitionism, and exploitation or sexual coercion through
prostitution or the production of pornographic materials, whether for money or not.
Threat of harm: Verbal threats of abuse or harm are made against a child, but there has
been no attempt to carry them out. Attempts have been made to inflict physical, mental or
emotional injury, but child has not yet been injured. Child has been placed in a dangerous
or hazardous situation, but no actual harm has yet occurred. Due to a physical, mental-
emotional, or behavioral problem, including substance use or abuse, parent has no current
capacity to care for the child, and no change is expected in the near future.
1.8 Target Population
The target population for CPS agency intervention is a family in which a child (age 0-17) has
been suspected to be abused or neglected or at risk of abuse or neglect (as defined in
Chapter 49-1-3 legal definitions and DHHR operational definitions) by their parent, guardian
or custodian. The term parent, guardian or custodian is extended to include parent
substitutes, non-custodial parents, extended family members, step-parents, unrelated
persons living in the same household, paramours or any other intra-familial or quasi-familial
situation, foster parents, adoptive parents, day care providers, day care centers, residential
facilities and school personnel. CPS shall be extended to children who have been or are
suspected to be abused or neglected, or at risk of being abused or neglected by a;
parent or guardian
non-custodial parent
parent substitute
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step-parent
extended family member who provides care to the child
unrelated person living in the same household
paramour of parent
employees of child-placing agencies and residential facilities
employees of day care centers
family day care facilities or homes
in-home day care provider
any unlicensed group care situation, for 1-6 children, in a non-home setting
in-home child care
foster family care parents, specialized foster family care parents, or emergency
shelter care parents
school personnel
Please note: In the interest of brevity, the term Aparent@ is used throughout this policy to
refer to the child=s caretaker(s), but may also be construed to refer to a guardian or
custodian.
1.9 Risk of Child Abuse or Neglect
CPS is extended to children who are suspected of being at risk of abuse or neglect, in
addition to children who have already been abused or neglected. The term Arisk@ is defined
as Athe likelihood that a child will be maltreated.@ Chapter 49-1-3 defines an abused child
as one A whose health or welfare is harmed or threatened by a parent, guardian or custodian
who knowingly or intentionally inflicts attempts to inflict.....@ and a neglected child as one
Awhose physical or mental health is harmed or threatened by a present refusal, failure or
inability of the child=s parent....@. The statutes contemplate that protection will be provided
to children who are being subjected to conditions that will likely result in abuse or neglect,
regardless of whether an incident of abuse or neglect has yet occurred. ARisk@ is a
condition which suggests that various negative forces and elements within the environment
are present and are interacting and will likely result in abuse or neglect to a child. Risk, in
itself, implies an uncertainty about what might happen. Even in the most obvious situation,
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one cannot Aknow@ that maltreatment will continue, occur, or reoccur. It is necessary,
therefore, to assume (when information suggests) that there is the possibility of detriment to
a child=s welfare and that there will be maltreatment to the child without intervention.
1.10 Reporting
The protection of abused and neglected children depends on the prompt identification of
children at risk of maltreatment. Chapter 49 contains a detailed series of reporting
requirements which can be found in Article 6A, AReports of children suspected to be abused
or neglected.@
Certain persons whose occupation brings them into contact with children on a regular basis
are mandated to report suspected child abuse or neglect. Those who are required to report
include;
medical, dental or mental health professionals
Christian Science practitioners
religious healers
school teachers or other school personnel
social service workers
child care or foster care workers
emergency medical services personnel
peace officers or law-enforcement officials
members of the clergy
circuit court judges, family court judges or magistrates
humane officers
Any other person, including a person who wishes to remain anonymous, may make a report
if such person has reasonable cause to suspect that a child has been abused or neglected in
a home or institution or observes the child being subjected to conditions or circumstances
that would reasonably result in abuse or neglect.
The duties of mandated reporters include;
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When a mandated reporter has reasonable cause to suspect that a child is abused or
neglected or observes the child being subjected to conditions likely to result in abuse
or neglect, the person must immediately, and not more than forty-eight hours after
suspecting the abuse or neglect, report the circumstances or cause a report to be
made to the DHHR. Reports of child abuse or neglect shall be made immediately by
telephone to the local DHHR. A report made to the statewide toll-free Hot Line for
child abuse and neglect is considered to be acceptable. At their discretion, CPS staff
may request that a mandated reporter also submit a written report within forty-eight
hours.
In any case where the reporter believes that the child suffered serious physical abuse
or sexual abuse or sexual assault, the reporter must also immediately report, or cause
a report to be made to law- enforcement. The report must be made to the State
Police and to any law-enforcement agency having jurisdiction to investigate the
report, which would either be municipal police or the county sheriff=s department.
This report is in addition to the report made to CPS.
A mandated reporter who is a member of the staff of a public or private institution,
school, facility or agency must immediately notify the person in charge of such
institution, school, facility or agency or a designated agent thereof, who shall report or
cause a report to be made. Nothing in the law precludes individuals from reporting on
their own behalf.
Any person or official who is included in the list of mandated reporters, including
employees of the department, and who has reasonable cause to suspect that a child
has died as a result of child abuse or neglect, shall report that fact to the coroner or
medical examiner.
Cross reporting between Child Protective Services and Humane Officers- Legislation
in 2006 revised section 49-6-2, Persons mandated to report abuse and neglect, to
include humane officers. These individuals will now be required to report suspected
child abuse and neglect issues to CPS. Conversely, a new section was added, 49-6A-
2b, Mandatory reporting of suspected animal cruelty by child protective services
workers, which requires workers to “report reasonable suspicions that an animal is the
victim of cruel or inhumane treatment” to humane societies within their counties.
The duties of CPS, when receiving referrals from mandated referents include:
Notification at the onset that the referral has been accepted or screened for
investigation.
Notification at the conclusion of the investigation that it has been completed.
There are further requirements of CPS when the mandated referents happen to be Family
Court or Circuit Court Judges.
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When referrals have been received from Family Court and/or Circuit Court, the worker
must send a copy of the notification letter at the onset, as specified above. The
worker must also, at the end of the investigation, send the Disposition of CPS
Investigation Report for Family and Circuit Court form and a copy of the investigation
to the referring Family Court Judge as well as the Chief Circuit Court Judge. The
worker would send the report directly to the Family Court Judge making the referral,
but would file the Circuit Court report via the Chief Circuit Court Judge, with a copy to
the Prosecuting Attorney.
When a worker does an investigation on a child involved with Family Court
proceedings, the worker must send a copy of the investigation to the Family Court
Judge who is presiding over the case, regardless of referral source. The worker will
also send a copy of the Disposition of CPS Investigation Report for Family and Circuit
Court form to the Chief Circuit Court Judge with a copy to the Prosecuting Attorney.
As a result of Supreme Court-initiated rules changes in 2006, there are revisions to the way
CPS handles their reporting requirements when child abuse and/or neglect allegations arise
during Infant Guardianship Proceedings, Custody/Divorce Proceedings, and Domestic
Violence Protective Order proceedings. Those changes and policy sections are outlined as
follows and should be consulted whenever processing referrals and investigations from
Family and Circuit Courts.
1. Reports Involving Infant Guardianship Proceedings- Section 2.11
2. Initial Assessments Involving Infant Guardianship Proceedings- Section 3.22
3. Reports Involving Domestic Violence- Section 2.15
4. Reports Involving Allegations Made During Domestic Violence Protective Order
Proceedings- Section 2.15.1 (This section is a complementary section to be used with
Section 2.15.)
5. Initial Assessments Involving Domestic Violence- Section 3.26
6. Initial Assessments Involving Allegations Made During Domestic Violence Protective
Order Proceedings- Section 3.26.1 (This section is a complementary section to be used
with Section 3.26.)
7. Reports Involving Parents Knowingly Allowing Abuse and/or Neglect- Section 2.16
8. Initial Assessments Involving Parents Knowingly Allowing Abuse and/or Neglect- Section
3.27
9. Reports Involving Allegations Made During Divorce/Custody Proceedings- Section 2.17
10. Initial Assessments Involving Allegations Made During Divorce/Custody Proceedings-
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Section 3.28.
Any person, whether mandated or permitted to report, has certain legal protections. These
protections are extended so that persons will not hesitate to report for fear of future legal
difficulties. Chapter 49-6A-6 states that any person who reports in good faith shall be
immune from any civil or criminal liability.
As an aid in the detection of child abuse or neglect, as well as to gather physical evidence
which can be used to protect an abused or neglected child, the law permits mandated
reporters to take photographs or order x-rays. Radiological examinations (x-rays) are used
to determine the scope of present and past injuries. A series of old fractures may indicate a
repeated pattern of battering. The DHHR is responsible for payment of expenses incurred in
taking the photographs or x-rays, when requested to do so. Photographs and reports of the
findings from x-rays should be made available to the local DHHR/CPS office.
A mandated reporter of suspected child abuse or neglect, who fails to report, or knowingly
prevents another person acting reasonably from doing so, is guilty of a misdemeanor, and if
convicted, may be confined in the county jail, fined, or both.
1.11 CPS Casework Process
The CPS casework process is based on an analytical model for problem-solving. This
includes assessment of risk throughout the life of a case, choosing among alternative
treatment strategies, and continuously evaluating the effectiveness of selected strategies.
The process is based on several principles:
it is sequential, activities are ordered and continuous.
the process is logical, based on reason and inference.
it uses a unified approach, reflecting coherence.
the process is progressive, based on step-by-step procedures.
there is interconnectedness between the steps of the process based on progression.
flexibility is critical due to the dynamic nature of worker-client interaction; flexibility
allows the worker to respond spontaneously to the client=s needs.
The casework process in CPS consists of eight basic steps:
intake
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safety first assessments
protection plan, if necessary
initial assessment
safety planning, if necessary
family assessment
treatment planning
service provision
case evaluation
case closure
1.12 Notification of Parent=s and Children=s Rights During Child
Abuse and Neglect Proceedings
Child protective services (CPS) has always had legal and moral duties to notify clients of the
allegations against them and their legal rights during CPS proceedings. However, there is
now greater consensus among law makers and social workers as well as their community
stake holders that clients have an inalienable right to be as educated and involved as
possible in the decisions being made about their families. A recent amendment to the Child
Abuse Prevention and Treatment Act (CAPTA) entitled Keeping Children and Families Safe
Act of 2003 has placed into effect higher standards of notification.
Studies show that the more knowledgeable and invested families are, the better they do
during CPS intervention. The worker is entrusted with the responsibility to share information
with the family during key points throughout the intervention process, not just those
concerning the investigation. It is also important to keep in mind that the way in which
information is disclosed is important. A worker must balance the right of notification with
concern for not compromising any criminal proceedings that may be initiated as a result of
the maltreatment. Some of the rights shared by our clients about whom we must inform them
include:
The right to be free from warrantless search and seizure.
The right to be free from intrusion into one=s home except upon lawful consent.
The right to have information collected and maintained in the course of an
investigation and delivery of services held in confidence in accordance with WV Code
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49-7-1.
The right to be allowed access to one=s personal file in accordance with WV Code
49-7-1.
The right to appeal the exclusion or inclusion of a parent or child from any service
program and the right to request a grievance hearing with regard to either the manner
in which the parents and the child are treated by agency personnel or any other
concern related to the service programs of the agency.
The right to refuse child protective services as well as the right to be advised of the
consequences when individuals refuse said services.
The right to be free from discrimination for reasons of age, race, color, sex, mental or
physical disability, religious creed, national origin or political belief.
The right to auxiliary aids to individuals with disabilities, at no additional cost, where
necessary to ensure effective communication with individuals with hearing, vision or
speech impairments.
The right to be informed of complaints or allegations made against an individual in a
manner that is consistent with law protecting the rights of the reporter.
The right to be informed of the findings of child abuse and neglect investigations and
how the findings will affect the family, as well as the individual.
The right to be made aware of all actions taken in regard to the family throughout the
life of the case and the reasons for such action.
The duties of the CPS worker include:
Sharing the allegations within the referral with the family at the point of initial contact,
which is usually the first face to face visit with the adults. Information must be
disclosed to all adult participants (parents, adult caretakers) in the home and/or all
adults who are listed as participants in the allegations, not just the biological parents.
This would also include any out-of-home perpetrators who are listed in the
allegations.
Educating families and notifying families of their rights about the CPS process by
using the booklet, AA Parent=s Guide to Working with Child Protective Services.@
Involving families throughout the CPS Process.
Thoroughly explaining the reasons behind each action taken by the worker before the
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action is taken.
CHILD PROTECTIVE SERVICES SECTION 2
2.1 Intake
Intake involves the identification of cases of child abuse and neglect. Intake refers to all of
the activities and functions which lead to a decision about whether or not to conduct an initial
assessment. Risk assessment begins at intake. The primary purposes of intake are;
to assist the reporter in providing information;
to identify possible maltreatment;
to interpret to the community what child maltreatment is;
to gather sufficient information to make necessary decisions; and,
to refer families and children to appropriate agencies/services when indicated.
In relation to the process of intake the supervisor will:
be available to provide the worker with support, guidance and case consultation and
to regulate the quality of casework practice.
2.2 Intake Process
The primary purpose of intake is to identify cases of child abuse or neglect. During this
process the worker will attempt to explore with the reporter, insofar as possible, the
allegations being made in order to determine whether or not there is reasonable cause to
suspect that child abuse or neglect exists. The worker will document this activity in FACTS,
within the intake function.
When gathering information from the reporter, in general, the worker will:
Never enter a sibling or other child as the Amaltreater@ unless the individual under the
age of 18 is the parent of the alleged abused/neglected child and is responsible for
the alleged maltreatment.
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complete the intake screens completely, and where information is unknown to the
reporter, indicate that.
interview the reporter, probing for information in all areas and clarifying information
and attitude conveyed by the reporter, and whenever possible, recording exactly what
the reporter says.
interview the reporter in non-leading ways.
listen for tone of voice, voice level, rushed speech, contradictions in information and
attitude conveyed by the reporter (helpful vs. harmful).
use feeling, support, educational and reality-orienting techniques to elicit information
from the reporter.
When interviewing the reporter, the worker will attempt to specifically gather information in
the following areas:
demographic information about the family (adult=s and children=s names, family
address, phone, relationships, dates of birth, sex, race, schools, day care, other
persons living in the home, absent parents). Family refers to the family setting in
which the children in question are being maltreated or are at risk of maltreatment.
This should not include people who do not reside in the family home most of the time.
other sources of information about the family such as teachers, doctors, ministers,
etc.
the types of maltreatment apparent and the surrounding circumstances
accompanying the suspected maltreatment.
how the child(ren) function including pervasive behaviors, feelings, intellect, physical
capacity and temperament.
each adult caretaker=s parenting practices, disciplinary approaches, general
functioning, mental health functioning, use of substances and childhood history.
who is the suspected maltreater.
where the child(ren) is at the time of the intake.
where the parent=s are at the time of the intake.
who is the reporter (name, address, phone).
relationship of the reporter to the family and how the reporter came to know about the
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concerns.
why the reporter is reporting the situation at this time.
whether the family knows the report is being made.
whether the reporter has notified the family of the concerns.
the reporter=s opinion about needed actions and child=s safety.
Following the information gathering process with the reporter, the worker will:
check to determine if there is prior or current agency involvement with the family and
document this at intake.
indicate whether the allegations of maltreatment are abuse, neglect, sexual abuse,
emotional maltreatment or other.
review the intake for thoroughness and then transmit the report to the supervisor for
review and decision making regarding acceptance and response time.
2.3 Screening Process
This is a process used to determine the acceptance of the report for initial assessment. Part
of the screening process may be performed by the intake worker alone or in conjunction with
a supervisor. All cases screened out must include supervisory consultation and a
justification/explanation for the decision which must be documented.
The supervisor will:
review the intake for thoroughness and completeness.
determine whether the report will be accepted for a CPS initial assessment or if the
report is screened out and not accepted for a CPS initial assessment. If screened
out, the supervisor must document an explanation for the decision in FACTS.
if the report is accepted for CPS, identify danger loaded influences which are judged
to be present at the time of the intake.
identify the response time for accepted reports.
if accepted, transmit the report to the Initial Assessment Supervisor for assignment to
a worker.
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ensure that all mandated referents receive notification of whether an investigation into
the reported suspected abuse or neglect has been initiated or been screened out.
In determining whether to accept a CPS report or screen it out, the supervisor must consider:
whether the information collected meets required definitions of child abuse and
neglect and/or risk of abuse and neglect (threat of harm). Both the legal and
operational definitions for child abuse and neglect will be used to make this judgment.
(See section on definitions.) The operational definitions are not an exhaustive list of
potential allegations of child abuse or neglect. Other conditions which harm or
threaten a child=s welfare may arise that are not included in the operational
definitions. If this occurs, any doubt about whether or not to accept the report for an
initial assessment and safety evaluation will be resolved in favor of the child and the
report will be accepted.
the presence of negative influences and information related to the maltreatment, the
child(ren), and the parent(s).
the sufficiency of information in order to locate the family.
the motives and veracity of the reporter.
Reasons for screening out a report include:
duplicate referral during initial assessment. (See Section 2.7 Recurrent Reports.)
information does not meet the legal definition of abused or neglected child found in
Chapter 49-1-3, nor does it meet the operational definition for child abuse or neglect
or threat (risk) of harm.
there is insufficient information to locate the family.
there are no children under the age of 18.
family does not reside in West Virginia..
Any other reason for screening out a report, must be thoroughly documented in FACTS.
2.4 Response Times
The selected response times are as follows:
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Immediate Response 0-2 Hours Face-to-face contact with
the child(ren) within that time
frame
Response Within 72 hours Face-to-face contact with
the child(ren) within that time
frame
Response Within 14 days Face-to-face contact with
the child(ren) within that time
frame
In determining response time for accepted CPS intakes, the supervisor must consider:
the presence of allegations of imminent danger to the physical well-being of the
child(ren) or of serious physical abuse. Such allegations require either an immediate
response or a response within 72 hours. This is required by Chapter 49-6A-9(4).
the correct response time must be identified, regardless of the availability of staff. If
the response time can not be met, the justification will be explained in the initial
assessment and safety evaluation.
Imminent danger is defined by Chapter 49-1-3 (e) as Aan emergency situation in which the
welfare or the life of the child is threatened. Such emergency situation exists when there is
reasonable cause to believe that any child in the home is or has been sexually abused or
sexually exploited, or reasonable cause to believe that the following conditions threaten the
health or life of any child in the home:
1. Non accidental trauma inflicted by a parent, guardian, custodian, sibling or a babysitter or
other caretaker; or
2. A combination of physical and other signs indicating a pattern of abuse which may be
medically diagnosed as battered child syndrome; or
3. Nutritional deprivation; or
4. Abandonment by the parent, guardian or custodian; or
5. Inadequate treatment of serious illness or disease; or
6. Substantial emotional injury inflicted by a parent, guardian or custodian; or
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7. Sale or attempted sale of the child by the parent, guardian or custodian.@
Serious physical abuse is defined by Chapter 49-1-3(p) as Abodily injury which creates a
substantial risk of death, which causes serious or prolonged disfigurement, prolonged
impairment of health or prolonged loss or impairment of the function of any bodily organ.@
the presence or absence and the interacting nature of the danger loaded influences
reflected in the intake.
the location of the child at the time the intake is received.
the effects CPS intervention might have in escalating circumstances in the family and
the capacity CPS has to remain involved with the situation.
whether the nature of the maltreatment indicates premeditation, bizarre behavior or
circumstances and/or serious injury.
whether the maltreatment is suspected to be occurring at this moment.
whether the suspected conditions which presently exist could change rapidly.
whether the parent=s behavior is bizarre, out of control or dangerous.
whether the parent=s viewpoint of the child is described as bizarre.
whether the family will flee.
whether the family is hiding the child.
whether the living arrangements are life threatening.
whether the child needs medical attention.
whether the child is fearful or anxious.
whether the parent is gone and the child is unsupervised.
whether the child is of an age and capacity to protect him or herself.
whether the suspected maltreater has access to the child.
whether the parent is currently under the influence of drugs or alcohol.
whether the family is isolated socially or geographically.
whether there are indications of family violence or bizarre family interaction.
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whether the family is transient or new to the community.
whether the family is presently connected in any way to formal help.
whether there are any extended family or friends available for support.
whether the caretakers are physically and emotionally able to perform parental
responsibilities.
whether services are available to the family in terms of proximity.
whether there is a history of past reports.
whether there are multiple injuries.
whether the location of the injuries suggest more serious harm.
The response times are measured beginning with the date and time the report is taken and
then counting by hours until the first face-to-face contact is made with the identified
child(ren).
The phrase Aidentified child@ means the child or children in the household who have been
suspected to be abused or neglected or are subjected to conditions which could result in
abuse or neglect.
2.5 Reporting to Law Enforcement, Prosecuting Attorney and Medical
Examiner
In cases of serious physical injury, sexual abuse or sexual assault, the DHHR Supervisor or
designee must:
forward a copy of the report to the appropriate law-enforcement agency, the
prosecuting attorney or the coroner or medical examiner=s office, as required by
Chapter 49-6A-5. The appropriate report to send is contained within FACTS and is a
DDE report titled ACPS Report for Law Enforcement@ (CPS-0188). The report should
be printed from FACTS and mailed promptly to the appropriate agencies. A copy of
the report should be filed within the FACTS file cabinet in order to document whether
DHHR fulfilled its duty.
make a report to the Multi disciplinary Investigative Team, as established by Chapter
49-5D-2, per the local protocol for MDT=s.
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2.6 Hot Line
The DHHR currently provides a toll-free Hot Line for child abuse and neglect reports by
contract with CRISS CROSS, a private non-profit agency, of Clarksburg. The Hot Line
operates twenty-four hours- per- day, seven-days- a- week, including all weekends and
holidays. Reports of child abuse or neglect may be made to either the Hot Line or to the
local DHHR office. Reports made to the Hot Line shall be transmitted promptly to the local
DHHR office by the Hot Line. The local DHHR shall respond to reports from the Hot Line in
the same manner as reports made directly to the office.
2.7 Recurrent Reports
In general, all reports suspecting child abuse or neglect must be accepted and assessed.
The term recurrent reports or multiple reports, means a series of similar reports involving a
family that is already being assessed, or is the subject of a recent assessment or is already
an opened case for CPS.
When a report is received concerning a family that contains the exact same allegations that
have already been assessed or are being assessed, the subsequent report may be screened
out. Usually, it is appropriate to screen this subsequent report if it is received within 30-45
days. Anything past this time frame may indicate repeated maltreatment, especially if the
allegations are of physical abuse.
If, however, the subsequent report contains information concerning another incident of
suspected abuse or neglect, or new circumstances or conditions, the report must be
accepted and another initial assessment and safety evaluation completed. When completing
subsequent initial assessments and safety evaluations on a family, it is possible to utilize
already available information regarding the parent and family functioning in the subsequent
assessment if there have been no changes in those areas. However, the new information
regarding the maltreatment, nature of the maltreatment and the child functioning must be
documented.
For repeated allegations on open CPS cases, the above criteria may be utilized. Additionally,
if the allegations that are being reported are those for which the case was opened, the
referent’s information may be taken as “case information” and not handled as a new referral.
This “case information”, however, must prompt a home visit to the family. Again, if the
subsequent report on an open case involves allegations of physical abuse/injury, the worker
should conduct an investigation.
2.8 Reports Involving Another Jurisdiction
For reports of suspected child abuse or neglect involving another state, the worker will:
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follow the same rules and procedures for intake as other reports of suspected child
abuse or neglect.
The supervisor will:
follow the same rules and procedures for intake as other reports of suspected child
abuse or neglect.
contact the child protective services agency in the other state and make a report to
them.
contact the appropriate law enforcement agency in the other state and make a report
to them, if required.
depending upon the case situation, it may be necessary for both states to work
together to conduct an initial assessment and safety evaluation.
if providing a courtesy interview is the only activity required, the report should be
screened out and an intake for Arequest to receive services@, should be entered into
FACTS.
For reports of suspected child abuse or neglect involving another county, the worker will:
follow the same rules and procedures for intake as other reports of suspected child
abuse or neglect.
The supervisor will:
follow the same rules and procedures for intake as other reports of suspected child
abuse or neglect.
contact the CPS Intake Supervisor in the other county to share the information and
discuss how best to respond to the report.
depending upon the case situation, it may be necessary for both counties to work
together to conduct an initial assessment and safety evaluation. Courtesy interviews
may be necessary. Workers may travel to another county to conduct an interview at
the discretion of the Supervisors involved. The decision should be made in
consideration of what will be the most effective manner in which to conduct the
assessment. Generally, the child=s county of residence would be considered the
Ahome@ county and the county in which the alleged incident occurred would conduct
any necessary courtesy interviews. The most important aspect will be the
communication between the two supervisors in planning how to complete the initial
assessment and safety evaluation. If both parents live in the same county, but the
abuse occurred in another county, the county where the child resides would be the
primary investigator.
If the parents live in separate counties, the county where the abusive caretaker
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resides/county where abuse occurred would be the primary investigator.
A petition may be filed in any county where either (1) the child resides, (2) one or
more of the custodial respondents or alleged maltreaters reside, or, (3) the county
where the abuse of the alleged child victim occurred. However, a petition may be filed
in only one county.
2.9 Reports Involving Certain Abandoned Children (Safe Haven)
The West Virginia Legislature enacted new legislation in 2000 regarding the acceptance of
certain abandoned children by hospitals or health care facilities, without court order. This
new legislation may be found in Chapter 49-6E-1. The statute permits hospitals or health
care facilities to take possession of a child if the child is voluntarily delivered to the hospital
or health care facility by the child=s parent within thirty days of the child=s birth and the
parent did not express an intent to return for the child. The hospital or health care facility
may not require the parent to identify themselves, and shall respect the parent=s desire to
remain anonymous. The hospital or health care facility must notify CPS by the close of the
first business day after the date the parent left the child, that it has taken possession of the
child. Any information provided by the parent shall be given to CPS by the hospital or health
care facility.
For reports of suspected child abuse or neglect involving certain abandoned children, the
worker and the supervisor will:
follow the same rules and procedures for intake as other reports of suspected child
abuse or neglect, indicating that the allegations of maltreatment are neglect
(abandonment) , accepting the report for an initial assessment and transmitting the
report to the Initial Assessment Supervisor for assignment to a worker.
2.10 Reports Involving Child Custody
The Circuit Court or Family Court Judge must report suspected child abuse or neglect to
CPS. Ch. 49-6A-9(b)(5) also permits the Circuit Court or the Family Court Judge to require
that CPS submit a written report of the investigation within time frames set forth by the Circuit
Court or Family Court Judge.
For reports of suspected child abuse or neglect involving child custody from the Circuit Court
or the Family Court Judge, pursuant to 49-6A-9(b)(5), the worker and the supervisor will:
follow the same rules and procedures for intake as other reports of suspected child
abuse or neglect, indicating the response time to be within the time frames set forth
by the reporter.
2.11 Reports Made by the Court During Infant Guardianship
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Proceedings
WV Code 44-10-3 allows suitable individuals to petition for guardianship of minor children. If
the basis for the Infant Guardianship petition is abuse and/or neglect, the Circuit Court will
hear the case.
If the Infant Guardianship petition is based upon abuse and/or neglect, the Department will
receive notice of the Infant Guardianship proceedings. This will serve as a mandatory referral
for investigation. CPS will then have not more than 45 days to submit a report regarding the
findings of the investigation or appear before the circuit court to show cause why the report
has not been submitted. If the circuit court believe the child to be in imminent danger, the
court may shorten the time for the Department to act upon the referral and appear before the
court. This will occur using the Disposition of CPS Investigation Report for Family and Circuit
Court form.
For reports from Circuit Court regarding Infant Guardianship proceedings, the worker will:
follow the same rules and procedures for intake as other reports of suspected child
abuse and/or neglect, indicating the response time to be within the time frames
established by state code.
2.12 Reports Involving Critical Incidents
Whenever it is suspected that a child may have died or been severely injured as a result of
abuse or neglect, the worker and the supervisor will:
follow the same rules and procedures for intake as other reports of suspected child
abuse or neglect.
If the deceased or severely injured child, the child=s parents or the child=s siblings were:
1. previously (within 12 months) investigated by CPS;
2. current or prior (within 12 months) subjects of an open CPS case;
3. was a child in state's custody but physically residing with the parent, the supervisor or
designee will:
make an immediate report through the Field Operations Chain of Command
using the revised Initial Critical Incident Reporting Form (SS-CPS-5). The
report will be directed to the Community Services Manager as well as to the
Regional Director. The Regional Director will share the report with the Regional
Program Manager before forwarding it to the Deputy Commissioner of Field
Operations and the Commissioner.
The ACPS Report for Law Enforcement@ (CPS-0188) report will be
forwarded to the county Prosecuting Attorney, the appropriate law-enforcement
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agency and the Medical Examiner or Coroner. The form for the report is
contained within FACTS. The report should be printed from FACTS and mailed
promptly to the appropriate agencies. A copy of the report should be filed within
the FACTS file cabinet in order to document whether DHHR fulfilled its duty.
make a report to the Multi disciplinary Investigative Team, as established by
Chapter 49-5D-2, per the local protocol for MDT=s. The Initial Critical Incident
Reporting Form (SS-CPS-5) can be used for this purpose.
indicate within the appropriate field on the Intake Screen within FACTS that the
report is a ACritical Incident@.
refer any inquiries from the news media to the Regional Director who will
consult with the Director of Communications within the DHHR Office of the
Secretary about how to respond.
2.13 Reports Involving DHHR Employees or Other Potential Conflicts of
Interest
For reports of suspected child abuse or neglect involving DHHR employees or others who
may present a conflict of interest, such as relatives of DHHR employees, the worker will:
follow the same rules and procedures for intake as other reports of suspected child
abuse or neglect, unless the report involves a relative, DHHR employee, intimate
friend or close associate of the intake worker. If so, the intake worker should
immediately refer the reporter to the supervisor or designee to take the report.
The supervisor will:
contact the Community Services Manager or designee to discuss the report and to
determine how it may best be handled. Under no circumstances should a CPS
worker be assigned to the report if the worker is a relative of the alleged maltreater,
the child or the families involved. ( 49-6A-9) Reports involving DHHR employees
should not be handled by the Community Services District in which the person is
employed. Other situations may also present a conflict of interest with CPS staff,
such as situations involving an intimate friend or close associate of the staff. Those
situations should be referred to the Community Services Manager and a
determination made about how to best handle the initial assessment. If there is any
doubt as to whether the initial assessment may be compromised by a conflict of
interest, the report should be transferred to another Community Services District for
initial assessment.
take appropriate action within FACTS to have access to the case restricted.
The Community Services Manager or designee will:
review the report and determine whether it is necessary to transfer the report to
another Community Services District.
contact the Regional Director or designee to make arrangements for the report to be
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transferred to another Community Services District for initial assessment when
necessary.
contact the Community Services Manager and CPS Supervisor in the other District to
notify them of the transferred initial assessment.
2.14 Reports Involving Disabled Infants or Children with Life-
threatening Conditions (Baby Doe)
For reports of disabled infants or children with life-threatening conditions, the worker will
attempt to gather the following information:
the name and address of the child and parents.
the name and address of the hospital where the child is being treated.
the condition of the child, and in particular, information regarding whether the child
may die or suffer harm within the immediate future if medical treatment or appropriate
nutrition, hydration or medication is being or will be withheld.
the name and address of the person making the report, the source of their
information, and his or her position to have reliable information.
the names, addresses and telephone numbers of others who might be able to provide
further information about the situation.
Following the information gathering process, the worker will:
transmit this information to the supervisor for decision making about acceptance.
The supervisor will:
review the intake for thoroughness and completeness.
indicate whether the report will be accepted or screened out (if screened out, the
supervisor must provide an explanation for the decision).
identify the response time as immediate for all accepted reports.
if accepted, transmit the report to the Initial Assessment Supervisor for assignment to
a worker.
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2.15 Reports Involving Domestic Violence
Domestic violence is a pattern of coercive behaviors used by one person in order to maintain
power and control in a relationship. The pattern of coercive behaviors include tactics of
physical, sexual, verbal, emotional and economical abuse, threats, intimidation, isolation,
minimizing, and using children. When there is reason to suspect that a child has been
abused or neglected or is at risk of being abused or neglected as a result of domestic
violence occurring between the adults in the home a report should be made to CPS. There
is growing awareness of the correlation between the existence of child abuse and neglect
and domestic violence. Domestic violence may be the single major precursor to child abuse
and neglect fatalities in this country. Children may be physically injured unintentionally during
a dispute, they may become the objects of the violence, they may feel helpless and full of
guilt for the violence occurring in their homes, and they may perpetuate the cycle of violence
by becoming a batterer or being in a relationship with one. Children may be neglected when
the adult victim becomes so immobilized by the battering that he/she is unable to provide the
necessary care for the child. Children may be emotionally harmed when exposed to
domestic violence. Exposure to battering may cause damage to emotional and physical
development and may result in immediate problems as well as life-long effects. The
quarreling and aggression associated with witnessing the assault of a parent or other loved
one, can cause emotional harm to children as evidenced by damage to brain development,
depression or moodiness, deterioration in school performance, damage to relationships with
friends, isolation and withdrawal and violent or delinquent behavior. Children who have
witnessed violence may act out their fears in the form of aggression towards others,
especially their siblings. On the other hand, some children evidence the emotional harm by
becoming rigidly compliant, passive, hyper-alert and extremely vigilant in following rules.
Such children may do well in school in their efforts to never make a mistake, but such hyper
vigilant behavior is simply internalized emotional damage as opposed to the externalized
emotional harm evidenced by aggression. As adults they are more likely to become victims of
domestic violence, or to become violent themselves. Studies indicate that 80-90 percent of
children living in homes with domestic violence are aware of the violence, yet parents tend to
under report the extent to which children are aware of the violence.
It is important that workers, when completing referrals, guide the interview with the referent to
gather as much information as possible about the battering dynamics. Direct questions
should probe the referent about the presence of power and control displayed in the behavior
of one individual in the adult relationship. When completing the referral, the intake worker
should ask questions that would reveal the predominant aggressor if the allegations include
that both parents are using violence (i.e., Who is injured? Does either have a history of
injuries? Who is fearful?) Workers must be careful to not confuse violence caused by
substance abuse, drug manufacturing/sales or mental illness as battering. The intake worker
should consult the “Power and Control Wheel” for clarification. It is imperative that an adult
victim be documented as such in order to better prepare the investigative worker’s approach
to the first steps of intervention.
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For reports of suspected child abuse or neglect involving domestic violence, including reports
of child exposure to domestic violence, the worker and the supervisor will:
follow the same rules and procedures for intake as other reports of suspected child
abuse or neglect.
complete demographic screen “Role in Intake” picklists using the proper identifying
values. Please note that more than one value can be used per family member.
Special consideration should be given to the following:
1. “Alleged Batterer” and “Alleged Maltreater”should be used to identify the predominant
aggressor. This means that if the referent states that “parents fight all the time”, the
intake worker will need to ask probing questions to determine the presence of power
and control in the relationship.
2. “Adult Victim of Domestic Violence” should be used to identify the individual who is a
victim of domestic violence.
2.15.1 Reports Made by the Court During Domestic Violence Protective
Order Proceedings
Rule 47 of the West Virginia Rules of Practice and Procedure for Family Court requires
reporting to CPS whenever allegations of child abuse and neglect arise during (1) a petition
for a Domestic Violence Protective Order; or (2) during a Family Court hearing on a petition
for a Domestic Violence Protective order.
When these allegations arise, the Family Court will send a written report to CPS, the Circuit
Court and to the Prosecuting Attorney. The Circuit Court will then enter an administrative
order to the Department, ordering an investigation and a report back within 45 days (or less if
the allegations involve imminent danger). The Circuit Court will also set a date for a hearing
regarding the investigation report. DHHR can avoid this hearing if (a) the CPS
worker/supervisor files the report within 45 days (or less if the allegations involve imminent
danger, or (b) files a petition.
For reports from Circuit Court regarding allegations made during Domestic Violence
Protective Order proceedings, the worker will:
follow the same rules and procedures for intake as other reports of suspected child
abuse or neglect, indicating the response time to be within the time frames
established by state code.
2.16 Reports Involving Parents Knowingly Allowing Abuse and/or
Neglect
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There have been multiple Supreme Court of Appeals decisions over the past 20 years that
have helped define the standard for parental responsibility when their children are abused
and/or neglected at the hands of others. The statutory abuse and neglect definition for this is
“A parent, guardian or custodian who knowingly or intentionally inflicts, attempts to inflict or
knowingly allows another person to inflict, physical injury or mental or emotional injury, upon
a child in the home.” This language replaces the old concept of “failure to protect” which is
nebulous and does not capture the full intent, nor does it adequately identify the actions, or
inactions, of a parent.
Generally, “Knowingly Allows” does not necessarily require actual knowledge of the abuse. If
the circumstances are such that the parent knew or should have known, the standard is met.
One of these Supreme Court decisions, In Regarding Betty J.W., (1988), added a
clarification of the “Knowingly Allows…” standard for parents who are victims of domestic
violence. Specifically, the court found that when an adult victim takes “steps to protect” his
or her children that are reasonable in light of the threat posed by the batterer and “does not
defend the abuser or condone the abusive conduct”, then the individual “does not ‘knowingly
allow’ the abuse”.
It is important that workers, when completing referrals, guide the interview with the referent to
gather as much information as possible about the abuse dynamics. Direct questions should
probe the referent about the non-abusive parent’s knowledge of the abuse and any action or
inaction about which the referent is aware, as well as thoroughly screen for any indications of
domestic violence. It is imperative that an adult victim be documented as such in order to
better prepare the investigative worker’s approach to the first steps of intervention. Knowing
whether or not the non-abusive parent is also an adult victim will script the very nature of the
initial contacts with the family, and help preliminarily determine if a parent is “knowingly
allowing” his or her child to be abused.
For reports alleging that a parent or guardian knowingly allowed abuse to occur, the worker
will:
follow the same rules and procedures for intake as other reports of suspected child
abuse or neglect, indicating the response time to be within the time frames
established by state code;
complete demographic screen “Role in Intake” picklists using the proper identifying
values. Please note that more than one value can be used per family member.
Special consideration should be given to the following:
3. “Alleged Maltreater” should be used to identify the parent who is actually perpetrating
the abuse and/or neglect against the children.
4. “Non-maltreating Parent” should be used to identify the individual who is not
perpetrating the abuse and/or neglect against the children. This value is replacing the
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“Protective Parent” picklist value.
5. “Parent Knowingly Allows Abuse/Neglect” should be used to identify the parent who is
not the perpetrator of the acts of abuse but appears to be “knowingly allowing
abuse and/or neglect”.
6. “Adult Victim of Domestic Violence” should be used to identify the individual who is a
victim of domestic violence (see CPS policy Section 2.15 Reports Regarding
Domestic Violence.
2.17 Reports Involving Allegations Made During Divorce/Custody
Proceedings
Rule 47 of the West Virginia Rules of Practice and Procedure for Family Court requires the
Family Court to report to CPS whenever allegations of child abuse and/or neglect arise
during divorce and/or custody proceedings in Family Court.
When these allegations arise, the Family Court will send a written report to CPS, the Circuit
Court and to the Prosecuting Attorney. The Circuit Court will then enter an administrative
order to the Department, ordering an investigation and a report back within 45 days (or less if
the allegations involve imminent danger). The Circuit Court will also set a date for a hearing
regarding the investigation report. DHHR can avoid this hearing if (a) the CPS
worker/supervisor files the report within 45 days (or less if the allegations involve imminent
danger, or (b) files a petition.
For reports arising out of divorce/custody proceedings, the worker will:
follow the same rules and procedures for intake as other reports of suspected child
abuse or neglect, indicating the response time to be within the time frames
established within state code.
2.18 Reports Involving Family Child Care Settings
Family child care settings are investigated by Child Protective Services staff using the IIU
format. For reports of suspected child abuse or neglect involving a child care home, the
worker will attempt to gather the following information and will use the IIU format in FACTS:
the name, age and current location of the child.
the name, address and position of the suspected maltreater.
information about the suspected maltreatment, including time(s) and date(s).
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how the child functions, including pervasive behaviors, feelings, intellect, physical
capacity and temperament.
the names of individuals, staff or residents who have direct knowledge of the incident
and their whereabouts.
where the suspected maltreater is at the time of the intake.
who the reporter is (name, address, and phone)
how the reporter came to know about the concerns
why the reporter is reporting the situation at this time.
whether the maltreater knows the report is being made.
what actions, if any, have been taken by the agency?
the reporter’s opinions about needed actions and child’s safety.
Following the information gathering process with the reporter, the worker will:
indicate whether the allegations of maltreatment are abuse, neglect, sexual abuse or
other.
enter the name of the facility/provider in the facility field within FACTS.
review the intake for thoroughness and then transmit the report for review and
decision making regarding acceptance and response time.
transmit report to the CPS intake supervisor.
The supervisor will:
review the intake for thoroughness and completeness.
In determining whether to accept the report or screen it out, the supervisor must consider :
whether the information collected meets the statutory or operational definitions of
child abuse or neglect. CPS will not investigate non-compliance or referrals that do
not meet the definitions of abuse and neglect.
Non-compliance issues will be referred to Child Care R&R staff.
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For reports of suspected child abuse or neglect involving group residential and foster family
settings and child care center settings, please refer to the IIU policies INVESTIGATIONS
INVOLVING INSTITUTIONAL INVESTIGATIVE UNIT (IIU) AND CHILD MALTREATMENT
IN GROUP RESIDENTIAL AND FOSTER FAMILY SETTINGS and INVESTIGATIONS
INVOLVING INSTITUTIONAL INVESTIGATIVE UNIT (IIU) AND CHILD CARE CENTER
SETTINGS.
2.19 Reports Involving Non-custodial Parents
For reports of suspected child abuse or neglect involving a non-custodial parent, the worker
and the supervisor will:
follow the same rules and procedures for intake as other reports of suspected child
abuse or neglect by a custodial parent.
the case name will be that of the alleged maltreater.
Reports may not be screened out because the child does not live with the suspected
maltreating parent full-time or the parent does not have custody of the child. In addition,
reports may not be screened out due to the parents having a dispute over the custody of the
child.
2.20 Reports Involving Parental Substance Abuse
When there is reason to suspect that a child has been abused or neglected or is at risk of
being abused or neglected as a result of a parent=s alcohol or drug abuse a report should be
made to CPS. Severe parental substance abuse may affect the parent=s ability to provide
adequate care for their child. The focus of CPS in these situations is to assess the parent=s
willingness and ability to provide adequate care for their child, even if there is no other
reported maltreatment. In some situations, physical abuse, sexual abuse, emotional
maltreatment or neglect may be suspected in association with substance abuse. If so, the
already occurring maltreatment must be reported and assessed, along with the risk for future
maltreatment of the child.
For reports of suspected child abuse or neglect involving parental substance abuse, the
worker and the supervisor will:
follow the same rules and procedures for intake as other reports of suspected child
abuse or neglect.
identify the maltreatment type as Arisk@ within the appropriate FACTS screen. if no
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maltreatment is reported, but risk of maltreatment is reported due to parental
substance abuse.
2.21 Reports Involving Drug-affected Infants
The Child Abuse Prevention and Treatment Act (CAPTA), one of the key pieces of federal
legislation that guides child protective services, was reauthorized on June 25, 2003. With
that reauthorization came an amendment entitled Keeping Children and Families Safe Act of
2003.
This new legislation requires that child protective services and other community service
providers address the needs of new-born infants who have been identified as being affected
by illegal drug abuse or experiencing withdrawal symptoms resulting from prenatal drug
exposure. Health care providers who are involved in the delivery or care of such infants are
required to make a report to child protective services.
For reports of drug-affected infants, the receiving worker will attempt to gather from the
referent the following information:
the name and address of the infant and parent(s).
the name and address of the medical facility where the child was delivered.
the infant=s drug results, including type of drug for which the infant tested positive, if
applicable.
the birth mother=s drug test results, including type of drug for which she tested
positive.
information from the delivering obstetrician, nurse practitioner, mid-wife or other
qualified medical personnel as to the condition of the infant upon birth. The
statement should include specific data as to how the in-utero drug exposure
has affected the infant (e.g., withdrawal, physical and/or neurological birth
defects).
the infant=s birth weight and gestational age.
the extent of prenatal care received by the birth mother.
the names and ages of any siblings the infant may have, including any effects the
birth mother=s drug usage has on those children.
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Following the information gathering process with the reporter, the worker will:
follow the same rules and procedures for entering intakes as other reports of
suspected child abuse and neglect into FACTS, indicating that the allegations of
maltreatment are Arisk only@ and the type is Adrug use- parent.@
complete the AMed/Drug@ screens in FACTS (Intake, CPS, Med/Drug). Both the
AMedical Information@ and the AInfant and Parent Drug Test Information@ screens
should contain the drug-related information gathered from the referent.
transmit the information to the supervisor for decision making about acceptance.
The supervisor will:
review the intake for thoroughness and completeness.
indicate whether the report will be accepted or screened out (if screened out, the
supervisor must provide an explanation for the reason the report did not meet the
mandate regarding drug-affected infants).
if accepted, transmit the report to the Initial Assessment Supervisor for assignment to
a worker.
2.22 Reports Involving Requests from Law Enforcement
For reports of suspected child abuse and neglect perpetrated by someone other than a
parent, guardian or custodian, the worker will:
follow the same rules and procedures for intake as other reports of suspected child
abuse or neglect by a custodial parent.
The supervisor will:
determine whether the request is reasonable in consideration of the CPS role on the
local Multi Disciplinary Investigative team. CPS workers may assist the MDT with
criminal investigations of serious child abuse or sexual assault and provide expertise
in child interviewing, evaluating the need for services and making referrals to
community resources and support services. This assistance may be provided at the
discretion of the Community Services Manager.
screen out the report and enter an intake for Arequest to receive services@in FACTS if
assisting with an interview or a referral to services is the only activity required.
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2.23 Reports Involving School Personnel
For reports of suspected child abuse or neglect involving school personnel, please refer to
the IIU policy INVESTIGATIONS INVOLVING INSTITUTIONAL INVESTIGATIVE UNIT
(IIU) AND CHILD MALTREATMENT IN SCHOOL SETTINGS.
2.24 Reports Involving Sexual or Abusive Interactions between Children
Children may engage in roughhousing, fighting, sexual play or exploration with other
children. Such activities may be within the boundaries of normal, natural child or adolescent
behavior. When inappropriate, abusive or excessive sexual interactions occur between
siblings, unrelated children, young children and adolescents, the parent has the responsibility
to find and understand the cause of the behavior, protect the child from recurrence and
obtain treatment for the harmed child if indicated. In these situations, the aggressor
should not be listed as the maltreater. The investigation would be conducted based
upon whether or not the parents of the harmed child were knowingly allowing the
abuse to occur and not taking responsibility for their child.
For reports of suspected child abuse or neglect involving sexual or abusive interactions
between children, the worker will:
follow the same rules and procedures for intake as other reports of suspected child
abuse or neglect.
The supervisor will:
consider whether the incident may be a result of neglect by the parent, such as
inadequate supervision.
consider the appropriateness of the parent=s response to the incident and his/her
willingness and ability to address the child=s needs, both medical and emotional.
consider whether the reported incident is within the realm of normal, natural child
play or exploration between same age children.
forward a copy of the report to the Prosecuting Attorney and appropriate Law
Enforcement agency, if indicated.
refer the parent to community services which may be of assistance to the family, if
indicated.
Refer the parent to the Juvenile Probation Office or appropriate Law Enforcement
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Agency, if indicated.
accept the referral and transmit it to the Initial Assessment Supervisor if the
supervisor is not reasonably confident that the incident is within the realm of normal,
natural child play or exploration, is not the result of neglect (inadequate supervision)
or that the parent is going to seek appropriate treatment for the child.
follow the same rules and procedures for intake as other reports of suspected child
abuse or neglect.
2.25 Reports Involving Registered Child Sex Offenders
More and more frequently, we are hearing reports of children who fall victim to crimes
committed by convicted child sex offenders who have served their prison terms and are back
in the community. We are also aware of the statistics that put the recidivism rates for child
sex offenders at 90%.
West Virginia State Code section §15-12, Sex Offender Registration Act, requires that
certain sex offenders register demographic information about themselves in order that
citizens may take appropriate precautions to protect its vulnerable populations. This statute
also requires lifetime registration for any individual who commits a sexual crime against a
child under the age of 18.
In order to help further protect children from the risk of harm by registered child sex
offenders, CPS will accept for investigation referrals alleging that a registered child sex
offender has unlimited and/or unrestricted access to a child under the age of 18. An example
of unlimited and/or unrestricted access would be if the biological parent co-habitates with the
registered child sex offender and the children also reside in the home, even if only part-time.
Other examples of unlimited and/or unrestricted access include child sex offenders who: act
as a caretaker, even part-time; spend the night with the non-child sex offender parent and is
able to come and go from room-to-room at will; is a relative and the non-child sex offender
parent leaves the child in the child sex offender’s care, even if only one day per week.
Please note that this is not to mean the children must be unsupervised for it to qualify
as “unlimited and/or unrestricted”. “Part-time” means someone who may be a paramour
or relative, who has frequent access but is not a resident. It could also be used to describe
an offender who may be present only on weekends, but not during the week.
The investigations will be conducted as a “risk only” referral, based upon whether or
not the parent(s) of the at-risk child were knowingly allowing the registered child sex
offender to have unlimited and/or unrestricted access to the child, even though the
risk type is “Previous Sexual Offenses Toward Another Child”.
For reports of unlimited and/or unrestricted access of a child to a registered sex offender, the
worker will:
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Follow the same rules and procedures for intake as other reports of suspected child
abuse or neglect, indicating that the allegations of maltreatment are “risk only” and the
type is “Previous Sexual Offenses toward a Child”.
Complete a search of the West Virginia State Police Sex Offender Registry located on
the internet at http://www.wvstatepolice.com/sexoff/, making sure that (1) the
individual is, indeed, listed on the registry, and (2) that the individual was convicted
and registered for a sex offense against a child under the age of 18.
Document the results of the search in the intake “CPS Forces-Parent Force” screen in
FACTS.
The supervisor will:
Review the intake for thoroughness and completeness.
Indicate whether the referral will be accepted or screened out. If screened out, the
supervisor must provide an explanation for the reason the referral did not indicate risk
to the child(ren).
Identify the response time as “14 days” due to the “risk only” nature of the referral,
unless there are compelling circumstances to warrant a more expedient response
time.
2.26 Reports involving individuals on the Child Abuse and Neglect
Registry
WV Code §15-13-1 et seq. requires individuals convicted of child abuse and neglect register
with the State Police for a period of ten years. The State Police must forward the initial
registration and future updates to the Department of Health and Human Resources (DHHR).
DHHR is then responsible for distributing the information to various entities, maintaining a
record of requests for information, and conducting initial assessments when appropriate.
This protocol will outline the steps necessary to satisfy the legislative requirements.
The Division of Children and Adult Services will receive the notifications from the State
Police and will forward the notifications to the appropriate DHHR District Offices within two
(2) business days. The District Office will receive the notifications when a registrant resides,
is employed, or attends school or training facility in the home county of the District Office.
When the DHHR District Office receives a Child Abuse Notification due to a registrant
working or attending school in a county within that districts jurisdiction, the following must
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occur:
Within three (3) business days of receiving the notification statement mail a copy of
the notification to the supervisor of the sheriff’s department, as well as the supervisors
of all municipal and campus law enforcement agencies, in the county where the
registrant is employed or attends school
Within three (3) business days of receiving the notification statement mail a copy of
the notification to the county superintendent of schools where the registrant is
employed or attends school
When the DHHR District Office receives a Child Abuse Notification and the registrant resides
within that districts jurisdiction, the following must occur:
Within three (3) business days of receiving the notification statement mail a copy of
the notification to the supervisor of the sheriff’s department, as well as the supervisors
of all municipal and campus law enforcement agencies, in the county where the
registrant resides
Within three (3) business days of receiving the notification statement mail a copy of
the notification to the county superintendent of schools where the registrant resides
review the notification to determine if the registrant is residing with children.
If the notification indicates that the registrant is residing with children, a CPS referral must be
entered in FACTS due to the children being at risk of child abuse and/or neglect. An Initial
Assessment must be completed on the family unless:
an initial assessment has previously been completed on the family due to the
registrant’s status on the child abuse registration; and
the notification is an update with no additional children listed.
If an updated notification is received listing children not in the residence at the time of the
previous initial assessment, a new initial assessment must be completed based upon the risk
of harm due to the registrant’s prior offenses. (See CPS Policy Section 3.26 for information
concerning completing the initial assessment and safety evaluation)
CHILD PROTECTIVE SERVICES SECTION 3
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3.1 Initial Assessment and Safety Evaluation
Initial assessment of a report of child maltreatment sets the stage for the problem validation,
service provision, and the establishment of a helping relationship in CPS. The initial
assessment process includes information gathering and analysis to determine safety needs.
While the process of initial assessment and safety evaluation is occurring, the supervisor will:
conduct regular supervisory meetings with the worker to provide support, guidance
and case consultation and to regulate the quality of casework practice.
3.2 Purposes
The primary purposes of initial assessment and safety evaluation are;
to gather information for decision making;
to explain a community concern to the family;
to explain the agency=s purpose;
to assess the presence and level of risk and evaluate the level of safety;
to reduce trauma to the child and to secure safety as indicated;
to promote family preservation and expend reasonable efforts; and
to offer help.
3.3 Decisions
The decisions that must be made during the initial assessment and safety evaluation are;
is this a case of child maltreatment?
what is the level of risk to the child? What dangers threaten safety?
what family conditions exist which can be addressed by safety responses?
what is the extent and level of severity?
how immediate is the threat to safety?
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what safety responses are indicated? What safety plan will control for safety?
what is the family=s potential for participation with CPS?
3.4 Initial Assessment Protocol
Upon assignment of a report for initial assessment, the worker will:
review the report and all previous reports, records, and documentation on the family
which are relevant to CPS.
develop a plan for completion of the initial assessment, taking into account the
response time indicated at intake. The preferable site to interview the child is one
which is child-friendly, neutral, confidential, imparting a feeling of psychological safety.
It is the position of the DHHR that the choice of the site of the interviews and who is
present during an interview is left to the discretion of the CPS staff. This choice is
affirmed in 49-6A-9 which requires certain groups to provide Asuch assistance.....as
will enable it to fulfill its responsibilities.@ Such assistance can and should, when
necessary, be interpreted to mean private interviews.
There are some exceptions. If a child indicates that he or she would be more
comfortable with a teacher, counselor or other person present during an interview,
then the worker can include that person, as long as the person is not the alleged
maltreater. The alleged maltreater or non-maltreating parent may also indicate that he
or she would like to have an advocate, counselor, attorney or other person present
during an interview, and the worker must make arrangements to accommodate that
request. However, under no circumstances should a child be left in an unsafe
situation while waiting to make arrangements for the interview.
contact law enforcement, the prosecuting attorney or the medical examiner if the
report involves serious physical injury, sexual abuse, sexual assault or death of a
child, to coordinate any arrangements for a joint investigation/initial assessment. If
the prosecuting attorney and/or the law enforcement official declines to proceed with
a joint investigation/assessment, CPS must proceed as the sole entity conducting the
initial assessment and safety evaluation. The failure of law enforcement or the multi
disciplinary investigative team to conduct an investigation of reports of suspected
child abuse or neglect does not relieve DHHR of its responsibilities to protect
children.
contact the local multi disciplinary investigative team according to the protocol
established in collaboration with the prosecuting attorney and local law enforcement.
A multi disciplinary investigative team should be established in each county and
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should be headed and directed by the prosecuting attorney, pursuant to Chapter 49-
5-D. The team should be responsible for A....coordinating or cooperating in the initial
and on-going investigation of all civil and criminal allegations pertinent to cases
involving child sexual assault, child sexual abuse, child abuse and neglect...@ (49-5D-
2)
Under no circumstances shall the CPS worker be relatives of the alleged maltreater, the child
or the families involved. (49-6A-9) Any other situation which creates a potential conflict of
interest should be handled by another worker or Community Services District. (See Intake
Policy--
Section 2: Reports Involving DHHR Employees or Other Potential Conflicts of Interest.)
In completing the initial assessment, the worker will:
make face-to-face contact with the family.
identify him/herself as a Child Protective Service Worker from the WV Department of
Health and Human Resources. Display state employee identification to all family
members and any other individuals to be interviewed.
inform the parents, with a brief description, of the child abuse or neglect allegations,
the reason for the contact and the process for completing the Initial Assessment and
Safety Evaluation. If permission to conduct the interview(s) is denied, then the worker
will explain to the family that s/he must discuss this situation with the CPS supervisor.
Once the supervisor has reviewed the situation, the supervisor or worker must contact
the prosecuting attorney or regional attorney for consultation on how to gain access
so that the child/family may be interviewed.
provide the parents with the booklet, AA Parent=s Guide to Working with Child
Protective Services@. The worker will place his/her name and contact information in
the appropriate place in the booklet. Briefly explain the content. This booklet briefly
explains the parents’ rights during the CPS process. The worker will assure the
parents that s/he can help answer any questions they have during the assessment
process.
make face-to-face contact with the identified child (ren) in the time indicated as the
response time on the intake. If unable to do this, the worker must document the
reasons in FACTS.
ask the child=s parents if they are represented by legal counsel. If the parents are
represented by legal counsel, then the worker should not continue the interview
without first obtaining the permission of counsel to do so. If permission to conduct the
interview is denied, then the worker will discuss this situation with their supervisor.
Once the supervisor has reviewed this situation, the supervisor or the worker must
contact the prosecuting attorney or regional attorney for consultation on how to gain
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access so that the child/family may be interviewed.
privately interview all family members in the following order: (this means separate,
private interviews for all parties.) If at all possible, the interviews should occur
sequentially on the same day.
identified child
siblings
non-maltreating parent
maltreating parent
collaterals, as appropriate
Collateral’s should be contacted who can provide additional information necessary to
make a determination about the safety of the child. Witnesses to the alleged
maltreatment should also be interviewed in the Initial Assessment process. The CPS
Social Worker may contact collaterals provided by the caretakers, however the
caretakers should be advised that additional collaterals may be contacted other than
those they provided. It may also be appropriate to contact collaterals prior to making
contact with the family, i.e. contacting the court system to determine if there are
current or past domestic violence protection orders on referrals concerning domestic
violence.
there is no requirement that interviews with children or with maltreaters be audio or
video taped. However, some local multi disciplinary investigative teams have found
audio or video taping interviews to be effective in reducing the number of times that a
child is interviewed, especially when there are criminal allegations as well as civil
allegations of child abuse or neglect. Local MDT=s are encouraged to become
informed about the advantages and disadvantages of audio and video taping
interviews. If the team decides to use either audio or video taping of interviews as
part of their MDT protocol, then the DHHR may participate. It is recommended that
the tapes become part of the criminal investigative file to be located with the law
enforcement agency records, and not with CPS records maintained by the DHHR.
if unable to complete the interviews at all and/or in this order, document the reasons
why in the record.
make arrangements to interview family members during non-business working hours,
if necessary, to accommodate work schedules.
upon completion of the individual interviews, the worker will reconvene the
parents/family. Share with them a verbal summary of the findings; the worker will
explain what they mean in terms of opening a case, child custody, or community
referrals, including a mandatory referral to Birth to Three is there are children under
age three and maltreatment was substantiated. The worker must explain what the
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next steps will be, if any. Before sharing the conclusions or beliefs about the
maltreatment, the worker will make sure s/he has received approval from
his/her supervisor to do so.
document the dates and duration of these interviews.
record the results of these interviews in the initial assessment format by describing in
as much detail as possible the answers to the first seven questions which make up
the initial assessment (the last three elements are completed if the case will be
opened for ongoing services).
document the sources of information.
assess the level of risk by analyzing the results of these interviews/observation by
categorizing and weighing the information collected using the initial assessment
format.
assess both parents or caretakers in the home.
assess all children judged to be at risk of maltreatment or for whom it is unknown
whether they are at risk of maltreatment.
assess the presence of safety influences in the family.
determine whether maltreatment has occurred.
determine if there is risk of maltreatment.
develop a safety plan with the family if needed.
3.5 Interviews
When completing the interviews, the worker will attempt to specifically gather information
(both positive and negative) in the following areas:
the types of maltreatment apparent; this includes all types of maltreatment, physical
abuse, sexual abuse, emotional abuse and neglect.
the surrounding circumstances which accompany the maltreatment; this should
always include the parents= explanation of the circumstances related to the alleged
maltreatment.
how the children function on a daily basis, including pervasive behaviors, feelings,
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intellect, physical capacity and temperament; this must include consideration of
capacity for attachment, general temperament, expressions of emotions/feeling,
typical behaviors, presence and level of peer relationships, school performance and
behaviors, known mental disorders (organic/inorganic), issues of
independence/dependence, motor skills and physical capacity.
the disciplinary approaches used by the parent(s), including the typical context; this
must include consideration of when, how, where and for what reasons/purpose
discipline might occur.
the overall, typical, pervasive parenting practices used by the parent(s); this must
include consideration of perception of children, reasons for being a parent, feelings
about being a parent, knowledge and general skill, basic care, decision making about
parenting, parenting style, history of parental behavior and success, sensitivity and
understanding toward children, empathy and expectations.
daily mental health functioning and substance use by the parent(s); this must include
consideration of reality perception, self-concept, coherence, rationality, self/emotional
control, any impairment that is associated with mental health or substance use, self-
concept and self-esteem, self-care and self-preservation.
general adult functioning in respect to daily life management and adaptation; this
must include consideration of communication, coping, stress management, impulse
control, problem solving, judgment, decision making, independence, money and
home management, employment, social relationships, citizenship and community
involvement.
adult=s history from infancy to 18 years; this must include consideration of the
historical experience from the standpoint of satisfaction, needs being met, stability,
security, role models and significant others, permanency, growth, nurturance and
health.
family functioning, communication and interaction; this must include consideration of
how the family is structured, the clarity of roles and boundaries, who is in charge, how
family decisions are reached, the level and type of communication used, the presence
and use of affection, marital issues, presence/absence of family violence and the
general feelings/climate within the family and relationship to the community,
demographics such as family composition, education, employment, housing, income
and health matters.
the quality of supportive relationships (formal and informal) outside the home; this
must include consideration of friends, neighbors, relatives (including
separated/divorced parents), organizations, institutions, agencies, professionals,
clubs, groups and how any of these serve as a supportive network in terms of how
used, current capacity, previous use, dependability, access/availability and
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responsiveness.
3.6 Risk Assessment
Risk of maltreatment refers to family conditions present and interacting in a manner which
leads a reasonable person to conclude that, without intervention, child maltreatment is likely
to occur or continue. Risk assessment is concerned not only with confirming whether
maltreatment occurred, but with determining how likely maltreatment is to occur in the future.
Risk assessment involves information gathering and assessment about multiple elements
within the family. These elements are known to influence the likelihood of further
maltreatment. The ten elements which make up the WV CPSS are;
Maltreatment
Nature
Child Functioning
Adult General Functioning
Adult Mental Health Functioning
Parenting Discipline
Parenting General
Adult Childhood History
Family Functioning
Family Support Network
The Initial Assessment and Safety Evaluation is the risk assessment tool for SVCPSS. It will
be completed at the time when sufficient information has been collected and/or at any point
in time during the life of the case where a new referral is received and the new information is
significant enough to suggest a new initial assessment is required, or when it is necessary for
decision making to completely understand risk influences throughout the field. The purposes
of the initial assessment are to organize information for decision making, to assess the
significance of information and to analyze case data.
When weighing information to complete the risk assessment, the worker will:
enter sufficient information in the space provided in the first seven elements:
maltreatment, nature, child functioning, adult general functioning, mental health
functioning, parenting--discipline and parenting--general.
document sources of information in the elements.
enter Aunknown@ and the reason(s) the information is unknown. If information
is unknown because the worker has not attempted to gather it, the worker must
make additional contacts with clients and others to gather the information.
specify both negative and positive information concerning the family.
use the anchor criteria as a reference to match the specific information about
the family.
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choose the anchor number which most closely reflects the information about
the family.
provide the positive information concerning the family when an element is
rated 0 or 1.
provide the extremely negative information concerning the family when an
element is rated 4.
choose a .5 rating if the family information gathered matches the anchor
criteria for two numbers (e.g. 1 and 2, worker chooses 1.5); the only exception to
this is the maltreatment element in which the highest maltreatment apparent
should determine the anchor rating.
choose an anchor by reading from the higher end of the scale and working
down to the lower end.
rate unknown information at the highest level (information may be unknown
because the client avoids, hides or will not share the information).
There does not have to be physical evidence, admission by the parent or a conclusive
statement made by the child to make a positive finding for maltreatment. It is not unusual for
the parent or child to avoid disclosing information. It is not unusual for there to be no
physical evidence of maltreatment, especially if there has been much of a time lapse since
an alleged incident of physical abuse and the initial face-to-face contact. All of the
information available to the worker must be assessed and analyzed in order to make a
determination of whether maltreatment occurred or not. This includes collateral information
from school personnel, medical personnel, mental health personnel and/or the worker=s
observation of symptoms or indicators of maltreatment.
When the worker, through the initial assessment process, determines that no maltreatment
has occurred, the worker will:
document how s/he determined that there was no maltreatment, in the maltreatment
element, and rate this 0.
describe the parents= explanation of the circumstances which support the worker=s
finding of no maltreatment, in the nature element, and rate this 0. (A 0 rating in
maltreatment always requires a 0 rating in the nature element.)
3.7 Determining Risk Level
In determining the level of risk for a family, the worker will:
calculate the final risk score by adding the ratings for each of the seven rated
elements.
use the highest rating for any one element which has more than one rating.
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3.8 Foreseeable Dangers SECTIONS 3.8, 3.9, 3.10, AND PARTS OF 3.14
AND 3.17 HAVE BEEN REPLACED BY WEST VIRGINIA SAFETY FIRST.
PLEASE CONSULT THE SAFETY FIRST CONSTRUCTS, SAFETY FIRST
FORMS AND OTHER SAFETY FIRST MATERIALS PROVIDED DURING
TRAINING FOR THE PROCEDURES FOR COMPLETING THE SAFETY
ASSESSMENT, SAFETY PLANS AND CASE OPENING.
The worker will also judge the presence or absence of the following foreseeable danger
conditions:
one or both parents intend(ed) to hurt child and do not show remorse; Aintended@
suggests that before or during the time the child was maltreated, the parents=
conscious purpose was to hurt the child. This should be distinguished from an
instance in which the parent meant to discipline or punish the child and the child was
hurt. (A foreseeable danger)
parents= whereabouts are unknown; the whereabouts of parents or adult caretakers
of the child are unknown at the time when the Initial Assessment and Safety
Evaluation are being completed and this affects the safety of the child. (A foreseeable
danger)
living arrangements seriously endanger the physical health of the child; refers to
conditions in the home which may be life threatening or seriously endanger the
physical health of the child, as in the situation where people discharge firearms
without regard to who might be harmed or where the lack of hygiene is so dramatic as
to cause or potentially cause serious illness or problems with the physical structure or
other conditions of the home are so great that the child=s health and safety is
threatened. To meet the safety definition, home conditions must be immediately
threatening.
both parents cannot/do not explain injuries and/or conditions; parents are unable or
unwilling to provide an explanation regarding the maltreating conditions or injuries
which is consistent with the facts. (B foreseeable danger)
maltreating parent exhibits no remorse or guilt; the maltreating parent demonstrates
no evidence of remorse or guilt for his/her actions. (B foreseeable danger)
child shows effects of maltreatment, such as serious emotional symptoms and lack of
behavioral control; serious suggests that the child=s condition has immediate
implications for intervention, such as extreme emotional vulnerability and suicide
prevention. Lack of behavior control describes the provocative child who stimulates
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reactions in others. (B foreseeable danger)
child is fearful of home situation; Afearful@ includes specific family members and/or
other conditions in the family such as the frequent presence of known drug users in
the household. (B foreseeable danger)
child is 0 through 6 years old and/or cannot protect self; this applies to all children 0
through 6 years old; if the child is 7 years of age or older and information confirms
that the child cannot protect him or herself (level of vulnerability), then this influence
applies. (B foreseeable danger)
child shows effects of maltreatment such as serious physical symptoms; Aserious@
suggests that the child=s condition has immediate implications for intervention, such
as the need for medical attention or extreme physical vulnerability. (B foreseeable
danger)
one or both parents cannot control behavior and/or are violent; this includes
aggressive behavior and emotion as well as serious depression and chemical
dependency which result in the inability to control behavior and emotion. (A
foreseeable danger)
one or both parents have failed to benefit from previous professional help; this
suggests that a record of the experience exists and is known and that the help was
related to problems which are pertinent to risk and safety.
there is some indication parents will flee; the family will likely hide the child by
changing residences, leaving the jurisdiction, or refusing access to the child and the
consequences for the child may be severe and immediate. (A foreseeable danger)
one or both parents overtly reject intervention; this refers to a situation where the
parent or parents refuse to see the worker and/or to let the worker see their child. (B
foreseeable danger)
child has exceptional needs which parents cannot/will not meet; Aexceptional@ refers
specifically to child conditions which are either organic or naturally induced (as
opposed to parental) such as retardation, blindness, physical handicap, etc. (A
foreseeable danger)
no adult in the home will perform parental duties and responsibilities; this refers only
to adults (not children) in a caretaking role. Duties and responsibilities should be
considered at a basic level consistent with the safety criteria of immediacy,
controllability, and severity/vulnerability as in food, clothing, shelter, and level of
supervision. (A foreseeable danger)
one or both parents fear they will maltreat child and/or request placement, which
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suggests that a child may not be safe. (A foreseeable danger)
one or both parents lack knowledge, skill, motivation in parenting which affects the
child=s safety; parenting qualities of a basic nature apply. The judgment is based on
parents= lacking basic knowledge or skill which prevents them from meeting the
child=s basic needs. The lack of motivation results in parents abdicating their role to
meet basic needs or failing to adequately perform the parent role which would meet
the child=s basic needs. The inability/unwillingness to meet basic need creates a
safety concern for the child. (A foreseeable danger)
child is perceived in extremely negative terms by one or both of the parents;
Aextremely@ is meant to suggest a perception which is so negative, it would if
present, create a safety concern for the child(ren) such as the parent who sees their
child as possessed by the devil or the parent who sees their child acting in ways
solely to cause the parent pain and suffering or the parent who perceives their child
as being out to get them. (A foreseeable danger)
child is seen by either parent as responsible for the parents= problems; child is
blamed by the parents as causing their problems and this attitude will likely result in a
safety concern for the child. (B foreseeable danger)
parents do not have resources to meet basic needs; Abasic needs@ refers to the
family=s lack of even minimal resources to provide shelter, food, and clothing or the
lack of capacity to use resources if they were available. (A foreseeable danger)
3.9 Safety Evaluation
If one or more of the A foreseeable dangers exist and/or two or more of the B foreseeable
dangers exist, the worker will:
consider whether an adult (non-maltreating adult) in the home can protect the child by
controlling these foreseeable dangers; the worker must specifically discuss with the
individual how they will do this and develop a safety plan which involves the family
and document this as a family-managed safety plan.
if an adult family member is unable to protect, develop a safety plan which involves
agency services directed at controlling for the identified foreseeable dangers and
document this as an agency-managed safety plan.
3.10 Safety Analysis and Plan
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Evaluating the safety of a child is a discrete function within CPS which is separate from
determining whether child abuse or neglect occurred and assessing and identifying risk or
maltreatment. ASafety@ refers to the present security and well-being of a child who has been
assessed to be at risk of maltreatment. Security and well-being are evaluated by how
controllable the child/family situation is; whether the child=s safety is an immediate concern;
and based on the kind of maltreatment which may be indicated, how severe the maltreatment,
or its results might be. Severity must be evaluated by considering the vulnerability of the
child.
AControl@ refers to the implementation of a plan of action (safety plan) based on professional
judgment which is intended to manage known family conditions, which if left unattended, may
endanger the child. There are two time frames in which staff evaluate safety and respond:
case circumstances are explosive, requiring immediate decisions and actions based
on alarming and clear information (occurs within 1 day).
case circumstances allow for deliberate information-gathering and assessment (occurs
within a few days).
The safety analysis and plan or the continuing safety analysis should be used:
whenever the child is believed to be unsafe (there are 1 or more A foreseeable
dangers or 2 or more B foreseeable dangers present within the family).
at any time during the life of a case (following initial assessment and safety evaluation)
when the safety of a child is in question.
to document and support the dismissal of a safety plan has been in place, which
includes both in-home and out-of-home safety plans.
whenever a decision to reunify is being considered.
prior to closure of the case, if the safety plan is still in effect.
In developing a safety plan (in-home or out-of-home), the worker will :
involve the family in the discussion of safety issues, options for controlling for safety
and the actual formalization of the safety plan.
develop a comprehensive safety plan which will cover all the children in the family who
are judged to be unsafe.
describe how the identified foreseeable dangers manifest themselves in the family; in
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describing the foreseeable dangers, the worker should consider the following
questions:
do the child=s/parents= physical/ emotional health conditions affect the
safety of the child?
does occasional stress, stimulation, or interruption create a parent reaction
which influences child safety?
are the parents inconsistent about adequately caring for the child(ren) and does
this affect the child=s safety?
do the parent(s) have detrimental expectations of the child which affect the
child=s safety?
are the actual child care responsibilities or the parents= perceptions of their
child care responsibilities affecting the safety of the child?
will temporary respite from parental responsibility likely reduce stress and/or
parental reaction which affects child=s safety?
do the parents see the child as a burden and does that perception affect the
child=s safety?
is the child=s behavior/emotion provocative and does such affect the child=s
safety?
does the parent=s lack of basic life skills affect the child=s safety?
does the parent=s lack of basic parenting skills affect the child=s safety?
does the parent=s lack of emotional support affect the child=s safety?
does the parent=s level of social isolation affect the child=s safety?
is the family experiencing a current personal circumstance (crisis) which
emotionally immobilizes and/or disorganizes them and therefore affects the safety
of the child?
identify any evaluations which are needed to understand conditions which influence
safety. If evaluations are needed, the worker will also make the arrangements for
these evaluations and identify the specifics of these arrangements. (See note below.)
indicate which safety services and the frequency of these services which are needed
to control for safety.
evaluate whether the safety services will work in the family; if they will not work, the
worker must develop an out-of-home plan to protect the child(ren). (See policy on
Legal Processes: CPS and Foster Care for more information on involving the court in
an in-home or out-of-home safety plan.)
Note: clinical assessment of a person through psychological or psychiatric examination is a
process to gain understanding necessary for making informed decisions. Assessment may
be used to provide an understanding of a person=s functioning, to classify behaviors, to
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describe and analyze the person and to establish a diagnosis. Whether a referral is made to
a psychiatrist, a psychologist or clinical social worker, it is essential to state what is needed
from the evaluation. A request that asks for an Aassessment@ or a Adiagnosis@ is
insufficient. The specific reasons for the referral must be provided. The referral letter should
include all the essential information from the record---information obtained through interviews
plus historical data and material solicited from other sources.
Initial assessment safety evaluations which result in a safety plan must control for safety from
the present time to the conclusion of family assessment. Generally, this covers a period of
30-45 days/ Sometimes safety plans must remain in place beyond the family assessment
because of case circumstances.
3.11 Safety Plan - In Home
In developing an in-home safety plan, the worker will:
Identify family members who may be able to keep the child at his or her home in order
to provide substitute caretaker services, or respite to avoid filing a petition. If both
parents agree, the substitute caretaker can sign the protection and/or safety plan(s)
along with the parents.
determine if the worker and the non-maltreating parent/adult victim of domestic
violence or substitute caretaker can file a co-petition with the Circuit Court. Co-
petitioning would allow the non-maltreating parent or substitute caretaker to join with
the worker to protect the child and to hold the maltreating parent(s) accountable for the
abusive behavior. Co-petitioning reduces the impact on the child of day-to-day chaos,
threats and continued abusive contact that might normally be present if a maltreating
parent(s) is not given court sanctions for failure to comply with the protection and/or
safety plans. It should be noted that the majority of maltreating individuals comply with
mandates given by a Circuit Court Judge as opposed to suggestions given by CPS.
identify providers who could potentially provide the type(s) of safety services identified
as necessary.
explore with ASO providers their availability and accessibility and arrive at a
determination of whether providers are available at the level needed to control for the
safety needs identified. If the regional provider can not provide the needed safety
services, explore the availability of other service providers and make arrangements as
needed. If services are not available at the level needed, the worker must proceed to
develop an out-of-home plan to protect the child(ren). (See note below.)
identify specifically how the services match the dangers which are present, how long
the services are anticipated to be provided and the specific role of the arranged
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service providers.
identify and describe family/parent strengths which facilitate and support the protection
and/or safety plan.
seek the parents signatures on the protection and/or safety plan as evidence of their
involvement in the development of the plan, their understanding of the plan, and their
agreement with the plan.
document how the case will be transferred to an ongoing worker (if this will occur) in
terms of any staffings or joint visits, when these are scheduled, who will participate,
etc. and identify next steps to proceed with the family assessment.
document the contacts and process followed to develop the safety plan.
provide a copy of the protection and/or safety plan to the parents, providers and multi
disciplinary team.
Note: whether or not a petition is filed by CPS in Circuit Court to protect a child is generally at
the discretion of the DHHR, except for those circumstances described in 49-6-5b, in which a
petition for termination of parental rights must be filed, or as described in sections 3.22,
3.26.1, and 3.28. 49-6A-9) states that AIn those cases in which the local child protective
service determines that the best interest of the child require court action, the local child
protective service shall initiate the appropriate legal proceeding.@ In some situations, even
though the DHHR is not seeking the removal of the child and an in-home safety plan is being
implemented, the DHHR may want to file a petition alleging that the child is abused or
neglected and that the relief sought is the ordering of an in-home safety plan and services.
Situations in which the removal of the maltreating parent is being attempted, with the child
and the non-maltreating parent staying in the home, could also benefit from this approach, as
well as co-petitioning with the non-maltreating parent. This approach should be used
whenever the oversight of the court would be valuable in ensuring that the parents will carry
out the in-home safety plan and that the child will be protected.
If an in-home safety plan can not be implemented and the Prosecuting Attorney will not assist
the DHHR in filing a petition to implement an out-of-home safety plan, the DHHR must initiate
the provision for ADispute Resolution@, pursuant to 49-6-10a. (See Dispute Resolution
Protocol.)
3.12 Safety Services
Safety services differ from long-term treatment responses in that they are short-term. They
are strictly for the purpose of controlling for safety and are put in place prior to family
assessment and treatment planning. In developing an in-home safety plan, the worker will
choose from the following safety services if the services can control the danger threats to the
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child:
(Note: the highlighted services are the safety services provided by the ASO.)
Supervision: “Eyes on” oversight required to provide structure and ensure
performance of developmentally appropriate activities necessary to carry out activities
of daily living and to ensure safety for the identified client, family and/or community.
The identified child or family requiring supervision must be within the defined boundary
in which the provider can intervene immediately if needed to ensure safety,
permanency and well being. Structure and environmental control are needed to
monitor child or parent’s reaction to stress, inconsistent parenting techniques,
impulsive reactions or detrimental expectations and maintain safety. Supervision is
needed to ensure safety of a child and the family due to the volatile, aggressive and/or
self-harmful behaviors of a child or family member. In some cases, previous attempts
at appropriate structure and environmental control are documented and have been
unsuccessful.
Individualized Parenting: Direct face-to-face services to improve parental
competence and knowledge of:
Discipline
Appropriate supervision
Encouragement of child/adolescent care, age appropriate development
Realistic expectations and standards of child/adolescent behavior of identified
child
This service should be used to correct specific deficits in parenting. This service
is provided in a one-on-one setting and is highly individualized to meet the parent’s
needs. Specific examples include individualized behavior management techniques
or understanding a child’s specific mental or physical health condition. As the
Department moves toward quality outcome measures, providers are encouraged to
use evidence/research-based and best or proven practice curriculae or parts of
such a curriculum that would be applicable for each client. Examples include
Parent Effectiveness Training and Active Parenting. For Safety Services, this
individualized parenting targets the identified child’s parents. This is not done in a
group of multiple families. The areas directly relating to safety are to be
addressed.
Family Crisis Response: Family crisis response is a face-to-face intervention in the
consumer’s natural environment to assess and de-escalate a family emergency. This
service may target dysfunctional family interactions or environmental situations that
have escalated to a point that safety (protection from abuse and/or neglect) of a child
or the community may be at risk of imminent danger. This service is available twenty-
four hours a day, seven days a week. This service responds to the current family crisis
that involves family disorganization and/or emotional upheaval that has resulted in an
inability to adequately function and problem solve.
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Home Maker Service: Service to provide assistance with general
housekeeping/homemaking responsibility on a short-term and/or emergency basis
when the conditions of the home directly affect safety.
Emergency Respite: Unplanned break for primary caretakers who are in challenging
situations in which a trained provider, friend or family member assumes care giving
and supervision of a child(ren) for a brief period of time. Service may be provided in or
out of the natural home or on an hourly/daily basis. Temporary relief from parenting
responsibilities is provided to avoid an abuse, neglect or abandonment situation or a
placement disruption.
Respite: Planned break for primary caretakers who are in challenging situations in
which a trained provider, friend or family member assumes care giving and supervision
of a child(ren) for a brief period of time. Service may be provided in or out of the
natural home or on an hourly/daily basis. Service may also be utilized if the caretaker
has a scheduled inpatient medical procedure.
Adult Life Skills: Direct service in which the identified parent is assisted to develop
basic home management skills and social/emotional support networks through hands
on implementation and role modeling. This service provides for the acquisition of skills
needed to meet adult role expectations and carry out activities of daily living. Adult Life
Skills are intended to improve the capacity for solving problems and resolving conflicts.
Possible activities include housekeeping, cleaning, food shopping, meal preparation,
laundry, budgeting, utilizing community resources, accessing medical and school
records and personal care/hygiene. This service is implemented when there is a lack
of skill knowledge not due to a mental health condition and implies that there is not a
lack of motivation. Provider will work with client on the needs identified on the service
plan.
General Parenting: Direct face-to-face educational services to improve parental
performance and knowledge of:
Basic child/adolescent care skills
Nurturing
Discipline strategies
Appropriate supervision
Encouragement of child/adolescent care, age appropriate development
Realistic expectations and standards of child/adolescent behavior
This service is provided in an individual or group setting consisting of multiple
families and is based on a standard curriculum, which can be individualized to
meet the parent’s needs. As the Department moves toward quality outcome
measures, providers are encouraged to use evidence/research-based and best or
proven practice curricula. Examples include Parent Effectiveness Training and
Active Parenting.
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Child Oriented Activity: Structured activities conducted under adult supervision that
are designed to improve the identified client’s functioning in the following areas: social
skills, positive risk-taking behaviors, self-image, resiliency and self-management.
Interventions should contribute to positive behavioral changes through role modeling,
reinforcement and encouragement. The provider must link the youth with safe places,
activities and/or programs to transition the youth to when service provision is complete.
The service plan mandates the specific skills and activities that are needed. Staff to
child ratio should be no greater than one to three for group activities. If multiple
children are involved, they must all originate from the same family/case. The staff
person must not be related to the family and is at least a paraprofessional.
Group Child Oriented Activity: Structured activities conducted under adult
supervision that are designed to improve the identified client’s functioning in the
following areas: social skills, positive risk-taking behaviors, self-image, resiliency and
self-management. Interventions should contribute to positive behavioral changes
through role modeling, reinforcement and encouragement. The provider must link the
youth with safe places, activities and/or programs to transition the youth to when
service provision is complete. The service plan mandates the specific skills and
activities that are needed. Staff to child ratio should be no greater than one to three for
group activities. If multiple children are involved, the agency must obtain consents from
all families involved due to confidentiality and place them in the record. The staff
person must not be related to the family and is at least a paraprofessional.
Private Transportation: Reimbursement for the provision of transportation services
in a personal vehicle. The activity(ies) that the child/youth and/or family need
transportation for must be explicitly documented on the DHHR’s child/family’s service
plan. Examples include medical appointments for which non-emergency medical
transportation could not be accessed or respite, recreation activities, etc. The least
costly means available must be utilized. This service covers actual miles traveled using
the shortest practical route to the traveler’s destination. This rate is intended to cover
all operating costs of the vehicle (including fuel, maintenance, depreciation, insurance,
etc.). Please note: non-emergency medical transportation (NEMT) is utilized for
medically necessary services. NEMT is accessed through the Office of Family
Assistance Please note: the rate will be based upon the current State of West Virginia
reimbursement rate.
Public Transportation: Reimbursement for the provision of transportation on buses,
planes, and/or trains. This code may be used for local bus passes or long distance bus
tickets. Rental Cars, tolls if a rental car is used, taxi fares and parking are also
included in this service. The activity(ies) that the child/youth and/or family need
transportation for must be explicitly documented on the DHHR’s child/family’s service
plan. Examples include medical appointments for which non-emergency medical
transportation could not be accessed or respite, recreation activities, etc. The least
costly means available must be utilized. This service covers the fare for the shortest
practical route to/from the traveler’s destination.
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hospitalization: this service refers to admission of a child and/or parent into a physical
or mental health hospital. The condition requiring admission must relate to the danger
which affects the child=s safety.
routine/emergency medical care: this service refers to the provision of medical care for
a parent and/or a child. This medical service will assist in controlling one or more of
the identified and described dangers which place the child=s safety in the home in
question.
routine/emergency mental health care: this service refers to the provision of mental
health care (outpatient) for a parent and/or a child. This mental health service will help
to control one or more of the identified and described dangers which place the child=s
safety in the home in question.
routine/emergency alcohol or drug abuse services: this service refers to provision of
inpatient or outpatient services for the treatment of alcohol or drug abuse. This service
should be indicated for situations in which the alcohol or drug abuse affect the safety
of the child. This should not be indicated if an alcohol or drug evaluation is needed.
in-home health care: this service refers to a health related service which is provided in
the home of the family. The service provided in the home must assist in controlling
one or more of the identified and described dangers which place the child=s safety in
the home in question.
day care: this service is provided in an approved day care program. The service
responds to conditions where the child care responsibilities of the parents affect the
child=s safety. In addition to meeting the needs of the child, the service provides relief
for the parent.
financial services: this service provides financial assistance to the family in meeting the
child=s safety needs which results from the lack of finances. This includes the lack of
utilities which present an immediate threat to the child=s well being.
housing: this service provides for the securing of housing or the securing of more
affordable housing for a family where the lack of housing is affecting the child=s
safety.
food/clothing service: the child does not have adequate food and/or clothing and the
lack of these life necessities affects the child=s safety. The family cannot afford to
provide these necessities to the child.
other service (must specify): any other service which may directly relate to controlling
the immediate safety of the child, and has not otherwise been listed.
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(For more information see Child Protective Services Policy, Section VI, General Information,
Payment Guidelines.)
3.13 Reasonable Efforts to Prevent Removal
Reasonable efforts is the term used to describe those actions taken by the DHHR to prevent
or eliminate the need for removing the child from the child=s home and to stabilize and
maintain the family situation. Before initiating any procedure to take custody of a child, the
DHHR must first determine that there are no appropriate or available services that would
alleviate or eliminate the risk to the child. The DHHR makes reasonable efforts to prevent
removal of the child by completing and documenting the process for initial assessment, safety
evaluation and safety planning. Since each case is unique, it is impossible to describe all of
the particular safety services which may be appropriate in each case, but an attempt has
been made to describe some of the most commonly encountered situations and safety
services in the above part on Safety Services.
In certain situations, reasonable efforts to prevent placement are not required. Those
situations include:
imminent danger of serious bodily or emotional injury or death in any home. (49-2D-3)
the parent has subjected the child to aggravated circumstances which include, but are
not limited to abandonment, torture, chronic abuse and sexual abuse. (49-6-5(a)(7)
the parent has:
committed murder of another child of the parent.
committed voluntary manslaughter of another child of the parent.
attempted or conspired to commit such a murder or voluntary manslaughter or
been an accessory before or after the fact to either such crime; or
committed a felonious assault that results in serious bodily injury to the child or
to another child of the parent; or
the parental rights of the parent to a sibling have been terminated involuntarily (49-6-
5(a)(7).
committed murder of the child’s other parent; or
committed voluntary manslaughter of the child’s other parent; or
committed unlawful or malicious wounding that results in serious bodily injury to
the child or the child’s other parent.
(For more information on reasonable efforts and aggravated circumstances see the Legal
Requirements and Processes: Child Protective Services and Foster Care Policy; the federal
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Child Abuse Prevention and Treatment Act (1996) and the federal Adoption and Safe
Families Act (1997).)
For situations in which reasonable efforts to prevent the child from removal of the home is not
required, the worker will:
proceed to develop and implement an out-of-home safety plan, unless the worker is
convinced with a reasonable amount of certainty, that the child=s safety can
maintained in the home. If so, develop and implement an in-home safety plan. Some
circumstances may require the DHHR to file a petition for termination of parental rights
and the worker must proceed to do so, even if the child is remaining in the home on an
in-home safety plan. (49-6-5b) (See Section 7 of Child Protective Services Policy-
Legal Requirements.)
The supervisor will:
follow all rules and procedures for reviewing and approving the initial assessment,
safety evaluation and safety plan.
3.14 Safety Plan - Out-of-Home
In developing an out-of-home safety plan, the worker will:
identify the family/client conditions that confirm the need for out-of-home residence.
determine whether the maltreating parent voluntarily agrees to live away from the
home. It should be noted that having a parent voluntarily leave his or her home should
only be used for the very short term, on a protection plan, and must be used only if the
parent suggests it and is agreeable. Some states’ supreme courts have ruled that
when CPS asks parents to leave their homes, it is an implied threat and infringes upon
their civil rights. If the parent does not offer/agree and there is a non-maltreating
parent, the worker may seek a co-petition with the non-maltreating parent (See CPS
Policy Section 3.15), or an in-home safety plan with respite (See CPS Policy Section
3.11).
identify the placement conditions.
select and identify the services and providers that best match with existing conditions.
determine and identify the length of placement.
select and identify the home or facility in which the child will be placed.
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indicate why placement with this provider is appropriate and how proper care will
occur.
describe how parents= rights regarding removal were safeguarded.
identify and describe family/parent strengths which facilitate and support the safety
plan.
seek the parents signatures on the safety plan as evidence of their involvement in the
development of the plan, their understanding of the plan, and their agreement with the
plan.
document how the case will be transferred to an ongoing worker (if this will occur) in
terms of any staffings which will occur, when these are scheduled, who will participate,
etc. and identify next steps to proceed with the family assessment.
document the contacts and process followed to develop the safety plan.
provide a copy of the safety plan to the parents, providers and multi disciplinary team.
Note: For most cases involving an out-of-home safety plan (the child has been determined to
be unsafe and an in-home safety plan will not assure the child=s safety), a petition will be filed
with the Circuit Court alleging that the child is abused or neglected, that continuation in the
home is contrary to the best interests of the child and why this is so (child is unsafe), whether
or not the DHHR made a reasonable effort to prevent removal(considered in-home safety
plan, but ruled out) or that the situation is an emergency (child is unsafe) and such efforts
would be unreasonable or impossible (can not be protected by an in-home safety plan) and
whether or not there are aggravated circumstances or other circumstances present and
reasonable efforts are not required. Child abuse and neglect cases should not be referred to
Family Court, which does not have jurisdiction. The relief attempted should be the transfer of
the child into the custody of the DHHR or any other person determined to be fit and proper for
temporary custody. 49-6-3(a)(b)
If a child is determined to be unsafe, e.g., there is one or more A foreseeable dangers or two
or more B foreseeable dangers present within the family, the DHHR must develop and
implement either an in-home or out-of-home safety plan. If an in-home safety plan can not be
implemented and the Prosecuting Attorney will not assist the DHHR in filing a petition to
implement an out-of-home safety plan, the DHHR must initiate the provision for ADispute
Resolution@, pursuant to 49-6-10a. (See Dispute Resolution Protocol.)
3.15 Court Involvement
Child abuse and neglect is governed by WV Code Chapter 49. All proceedings mentioned in
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Chapter 49 are held within Circuit Court. There are many reasons for this. A few of those
reasons are: Circuit Court does not share jurisdiction with Family Court in child abuse and
neglect. Federal and state laws have outlined that all civil proceedings for child abuse and
neglect must be conducted with the “clear and convincing” evidence standard; Family Court
uses “preponderance of the evidence”. Legal counsel is appointed to all parties during Circuit
Court proceedings; in Family Court, no legal counsel is appointed, not even to the
Department workers. Circuit Court has the authority to order improvement periods; Family
court does not.
There are times, however, when CPS staff does have a responsibility to Family Court. Those
include investigating child abuse and neglect referrals received from Family Court Judges,
reporting back to a Family Court Judge when he or she makes a CPS referral (See CPS
Policy Sections 1.10, 3.26.1, 3.28 and 4.26) as well as providing the results of an
investigation regarding a child who is involved with Family Court proceedings, regardless of
referral source (See CPS Policy Sections 1.10 and 4.26).
If court involvement becomes necessary, it must be through Circuit Court. In this event,
worker will:
specify on the safety plan what the circuit court involvement is and the legal process.
describe how the safety plan will carry out the judicial determination regarding
permanency planning, if applicable.
It may be necessary for the worker and the non-maltreating parent to file a co-petition
with the Circuit Court. Co-petitioning would allow the non-maltreating parent to join with
the worker to protect the child and to hold the maltreating parent accountable for the
abusive behavior. Co-petitioning reduces the impact on the child of day-to-day chaos
that might normally be present if a maltreating parent is not given court sanctions for
failure to comply. It should be noted that the majority of maltreating individuals comply
with mandates given by a Circuit Court Judge as opposed to suggestions given by
CPS.
3.16 Imminent Danger
Imminent danger to a child is defined in state statute.
Imminent danger to the physical well-being of a child means an emergency situation in which
the welfare or life of the child is threatened. Such an emergency situation exists when there
is reasonable cause to believe that any child in the home is or has been sexually abused or
sexually exploited, or reasonable cause to believe that the following conditions threaten the
health or life of any child in the home.
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Non accidental trauma inflicted by a parent, guardian, custodian, sibling, babysitter or
other caretaker which can include intentionally inflicted major bodily damage such as
broken bones, major burns or lacerations or bodily beatings. This condition also
includes the medical diagnosis of battered child syndrome which is a combination of
physical and other signs indicating a pattern of abuse; or
Nutritional deprivation; or
Abandonment by the parents, guardian or custodian; or
Inadequate treatment of serious illness or disease; or
Substantial emotional injury inflicted by a parent, guardian or custodian; or
Sale or attempted sale of the child by the parent, guardian or custodian.
For situations in which it is believed that the child=s welfare or life is immediately threatened
and that immediate action must be taken to prevent serious harm or additional serious harm
and that the situation meets the definition of imminent danger, the worker will;
consult with supervisor, insofar as possible, to determine the best course of action.
proceed to implement any temporary measures to protect the child in-home, if
indicated.
!proceed to initiate legal action, with supervisory approval, if available, to protect the
child. (See Legal Requirements and Processes: Child Protective Services and Foster
Care Policy)
proceed with the sequence of steps for completing the initial assessment and safety
evaluation, once the child is in temporary protection.
implement the in-home or out-of-home safety plan, as indicated. Once the immediate
crisis is resolved, it may be possible, based upon the information now available to the
worker and supervisor, to return the child and implement an in-home safety plan.
document all information, supervisory consultation and approval and action taken on
the appropriate initial assessment, safety evaluation and contact screens within
FACTS.
The supervisor will:
be available or arrange for availability of supervisory consultation for emergency
situations.
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review all information available relevant to the imminent danger of the child.
approve legal action to protect the child, if indicated and no other alternatives are
appropriate or available.
document supervisory consultation and approvals on the appropriate screens within
FACTS.
3.17 Completion of Initial Assessment and Safety Evaluation
To conclude the initial assessment and safety evaluation, the worker will:
complete the documentation of the initial assessment and safety evaluation within 30
days from receipt of the report. If extenuating circumstances have prevented the
completion of the initial assessment and safety evaluation within the time frame, the
worker will request the approval of an extension from the supervisor.
indicate whether the case will be opened for ongoing services; if the case will not be
opened for ongoing services, the worker must indicate the reasons why and identify
any referrals made on behalf of the family. (See the following section which discusses
the opening of cases for ongoing CPS.)
transmit the case to the supervisor for review and approval.
CPS notification letters will be sent to the parents which inform them of the official
findings from the Initial Assessment and Safety Evaluation. The letters will mention
that the findings can be used in the future when the individual is seeking employment
as a foster parent, day care provider or other profession that works with children and
families. The letter will also notify the family of their right to appeal and the process to
request a grievance. (Please see CPS policy 6.1 and Common Chapters, Chapter
700, Appendix C.)
Birth to Three Program Referrals
West Virginia Birth to Three must be considered for all children under the age of three who
have been identified as experiencing or at risk of developing substantial delays or atypical
developmental patterns; or, have been determined to fall under at-risk categories. Children
under three who have been involved in an investigation where maltreatment was
substantiated must be referred to the Birth to Three Program in order to be screened
for the presence of the above-stated delays and risks. If there are children younger than
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three years of age in the home, and the worker has substantiated maltreatment, the worker
will:
complete the referral form for Early Intervention Part C-Birth to Three services. Send a
copy to the local county Birth to Three office, file in the FACTS file cabinet and
provide the family with a copy.
provide a copy of the Initial Assessment and Safety Evaluation with the form that is
being sent to Birth to Three. (If custody of the child(ren) is being sought, please refer to
Foster Care Policy Section 13.1, Health Care.)
If the case is going to be opened for ongoing services, the worker will:
complete the last three elements of the initial assessment by describing the
information they have gathered from their interviews.
document within the newly created case the Early Intervention-Birth to Three referral
by completing the AService Log@ screen in FACTS. The worker will connect any
children under the age of three for whom referral is made to AEarly Intervention@
services.
The supervisor will:
if requested, review the request for an extension of the time frames for the completion
of the initial assessment and safety evaluation and make a decision, as indicated.
Reasons for granting an extension may include;
assigned workload prevented completion;
delay in receipt of necessary information;
investigation complete, A paper work@ pending;
other cases/referrals of higher risk have taken priority;
unable to yet contact client or client has not cooperated;
other (must specify)
review the initial assessment and safety plan for thoroughness and completeness.
review the protocol followed by the worker in completing the initial assessment and
safety plan.
review whether the information is sufficient to determine what was done.
review whether all of the required screens were completed.
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review whether the information is documented in the correct elements. Is the
documentation coherent? Does it contain both positive and negative information? Are
the sources of information cited?
review whether the information in the elements is rated correctly.
review whether necessary information was obtained from collaterals.
review whether the contacts are documented.
review whether the multi disciplinary investigative team was involved as appropriate.
review whether the analysis of the presence of maltreatment or risk of maltreatment is
documented and correct.
review whether indicated safety influences have been identified.
review the adequacy and the specific details of the safety plan in terms of services
initiated, frequency, etc.
based on the conclusions from the initial assessment, assure that CPS is responsible
to provide, direct or coordinate services to children and families or whether no service
need is present.
initiate arrangements to transfer the case for On-Going CPS services.
assure that either an in-home or out-of-home safety plan has been developed and
implemented in all situations in which a child has been determined to be unsafe, which
means there is the presence of one A foreseeable danger or two B foreseeable
dangers. It is unacceptable to omit the development and implementation of a safety
plan when a child has been determined to be unsafe.
review whether the Early Intervention-Birth to Three referral was made as appropriate.
document supervisory consultation and approval within the appropriate screens within
FACTS.
If the initial assessment and safety evaluation or safety plan is unsatisfactory for any reason,
the supervisor will:
meet with the worker to discuss the areas that need improvement.
provide or arrange for any assistance that the worker needs to make the requested
improvements.
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assure that the improvements are made, prior to approving the initial assessment and
safety evaluation and safety plan.
In the event a community services plan will be coordinated by CPS, but On-Going CPS
services are not opened, the supervisor will:
discuss with the worker the family=s most significant needs based on the elements of
the Initial Assessment that are rated the highest.
identify potential community resources to provide the services necessary to treat the
family=s most significant needs.
document that the Early Intervention-Birth to Three referral was made on the
ACommunity Service Plan@ screen in FACTS, if applicable.
The worker will:
contact the family to discuss the findings from the initial assessment.
offer help to the family.
If there are children younger than three, and the worker has substantiated
maltreatment, the worker will discuss with the family the referral requirement for the
Early Intervention Part C-Birth to Three program. The worker should explain to the
family that non-compliance with any services recommended by Birth to Three could
result in another referral being made to Child Protective Services.
identify with the family the resources/services available in the community.
identify the family=s willingness and interest to participate with the community
services.
offer assistance in arranging for the services.
obtain from the family their decision related to their involvement in services.
inform the family of any circumstances that would necessitate future involvement of
CPS.
document within FACTS the reason the case is not opened for On-Going CPS
services and the results of the contact with the family.
The supervisor will:
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assure that the contact regarding the community services was completed, and that the
documentation of the contact with the family and family=s decision was made within
FACTS.
ensure that all mandated referents receive notification of when the investigation has
been completed.
The following designations serve as the basis to determine ongoing CPS
responsibilities:
All initial assessments and safety evaluations which result in a risk rating of significant or high
risk of maltreatment and/or have identified one A safety influence or two B safety influences
must be opened for on-going services.
Risk based family problems are High Service Provision by CPS
Risk Rating 20-28 Case Opened for On-Going CPS
Foreseeable dangers are present Safety Plan implemented
(Two B or one A )
Risk based family problems are High Service Provision by CPS
Risk Rating 20-28 Case opened for On-Going CPS
No foreseeable danger present or only
one B present
Risk based family problems are Service Provision by CPS
Significant Case Opened for On-Going CPS
Risk Rating 14-19.9 Safety Plan implemented
Foreseeable dangers are present
(Two B or one A)
Risk based family problems are Service Provision by CPS
Significant Case opened for On-Going CPS
Risk Rating 14-19.9
No foreseeable danger present or only
one B present
Risk Based family problems are Moderate Service Provision by CPS
Risk Rating 7-13.9 Case opened for On-Going CPS
Foreseeable dangers are present Safety Plan implemented.
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(Two B or one A )
Risk based family problems are Moderate Coordinate the delivery of services
Risk Rating 7-13.9 through community agencies. Services
No foreseeable dangers present or only will be offered and providers determined
one B present based on the identification of the family=s
most significant needs
Risk Based family problems are Minimal Service Provision by CPS
to Low Case Opened for On-Going CPS
Risk Rating .5-6.9 Safety plan implemented
Foreseeable dangers are Present
(Two B or one A )
Risk Based family problems are Minimal Coordinate the delivery of services
to Low through community agencies
Risk Rating .5-6.9 Services will be offered and providers
No foreseeable dangers Present or only determined based on the identification of
one B the family=s most significant needs
Risk Based family problems are Minimal No CPS service need present
to Low No community coordination necessary
Risk Rating 0.0 unless the family has identified a need
No foreseeable dangers present or only and requested a referral to a community
one B present service
3.18 Incomplete Initial Assessments and Safety Evaluations
All initial assessments and safety evaluations are to be thoroughly completed. However,
there may be some unanticipated circumstances in which it is impossible to complete the
entire process. Those include;
Blatantly False Report: This would apply only to situations in which the worker finds
that the reported family does not exist, the location does not exist or a reported
emergency does not exist. For example, a report alleges that a child is left unattended
on the side of the road. Upon arrival to the location, the worker does not find any child
on the road and can find no such situation or family. This does not apply to situations
in which the worker has a face-to face contact with the identified child and does not
observe any visible signs of maltreatment. In this latter situation, the worker must
continue to follow the Initial Assessment and Safety Evaluation protocol through to
completion.
Child Turned 18 During Initial Assessment: This would apply to situations in which
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the identified child turned 18 during the course of the Initial Assessment and Safety
Evaluation and there are no other siblings/children under 18 years of age in the home.
Death of a Child: This would apply to situations in which the identified child dies
during the course of the Initial Assessment and Safety Evaluation and there are no
other siblings/children under 18 years of age in the home. The maltreatment and
nature elements must still be completed.
Client Moved/Unable to Locate: This would apply to situations in which the child and
family have moved and/or the child or family cannot be located. It does not apply to
situations in which the family moves to another county and the worker knows the new
location. Those intakes should be transferred to the new county. Prior to concluding
an Initial Assessment and Safety Evaluation as incomplete due to inability to locate,
the worker must first exhaust all available remedies according to 49-6A-9 and the
Administrative Subpoena Protocol.
Duplicate Entry of Data: This would apply to situations in which an Initial Assessment
and Safety Evaluation was already completed or in process on the same allegation,
but the report was mistakenly accepted and assigned rather than screened out. For
example, a report is made by a day care center that a child is malnourished. The
report is accepted for an initial assessment and is assigned to a social worker. The
next day a report is made by a pediatrician that a child is malnourished. For whatever
reason, the report is accepted. The report is assigned to another social worker. Both
social workers begin an initial assessment only to discover they are working the same
case. The second initial assessment may be discontinued and documented as
incomplete due to duplicate entry of data.
3.19 Initial Assessments Involving Another Jurisdiction
For initial assessments and safety evaluations involving another state, the worker will:
follow the same rules and procedures for initial assessment and safety evaluation as
other assessments of suspected child abuse or neglect, insofar as possible,
documenting any reasons for not following the established protocol.
follow the plan that was established by the two jurisdictions for handling the case,
which may include a courtesy interview only. If so, the interview should be handled
within FACTS as a Arequest to receive services.@ If the other state is conducting a
courtesy interview for this state, the information received should be used in the
appropriate elements for initial assessment and safety evaluation.
The supervisor will:
follow the same rules and procedure for initial assessment and safety evaluation as
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other assessments of suspected child abuse or neglect, insofar as possible,
documenting any reason for not following the established protocol.
assure that the plan that was established by the two jurisdictions for handling the case
was followed.
initiate any necessary arrangements to transfer the case to another jurisdiction, which
includes a telephone call or letter to the supervisor of the other jurisdiction, or to
assure that a referral to community services was completed.
For initial assessment and safety evaluation involving another county, the worker will:
follow the same rules and procedures for initial assessment and safety evaluation as
other assessments of suspected child abuse or neglect, insofar as possible,
documenting any reason for not following the established protocol.
follow the plan that was established by the two jurisdictions for handling the case,
which may include a courtesy interview only. Depending upon the case situation, it
may be necessary for both counties to work together to conduct an initial assessment
and safety evaluation. Workers may travel to another county to conduct an interview at
the discretion of the Supervisors involved. The decision should be made in
consideration of what will be the most effective manner for the child in which to
conduct the assessment. Generally, the child=s county of residence would be
considered the Ahome@ county and the county in which the alleged incident occurred
would conduct any necessary courtesy interviews, which means if both parents live in
the same county, but the abuse occurred in another county, the county where the child
resides would be the primary investigator.
If the parents live in separate counties, the county where the abusive caretaker
resides/county where abuse occurred would be the primary investigator.
A petition may be filed in any county where either (1) the child resides, (2) one or more
of the custodial respondents or alleged maltreaters reside, or, (3) the county where the
abuse of the alleged child victim occurred. However, a petition may be filed in only one
county.
3.20 Initial Assessments Involving Certain Abandoned Children
For initial assessments and safety evaluations involving certain abandoned children pursuant
to 49-6E, the worker and the supervisor will:
follow the same rules and procedures for initial assessment and safety evaluation as
other assessments of suspected child abuse or neglect.
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initiate the filing of a petition alleging child abandonment pursuant to 49-6-2 and 49-6-
3.
initiate placement of the child in emergency family care or foster/adopt care.
3.21 Initial Assessments Involving Child Custody
In matters involving both child custody and suspected child abuse or neglect, a Family Court
Judge or a Circuit Judge must report suspected child abuse or neglect to the DHHR as
mandatory reporters. They may also request that a written report be submitted of the initial
assessment and safety evaluation. 49-6A-9(b)(5) states that A...when any matter regarding
child custody is pending, the circuit court or family court judge may refer allegations of child
abuse and neglect to the local child protective service for investigation of the allegations as
defined by this chapter and require the local child protective service to submit a written report
of the investigation to the referring circuit court or family court judge within the time frames set
forth by the circuit court or family court judge.@ (See Section 1.10)
For initial assessments and safety evaluations involving child custody, the worker will:
establish a plan to complete the initial assessment and safety evaluation within the
time frames set forth by the reporter.
follow the same rules and procedures for initial assessment and safety evaluation as
other assessments of suspected child abuse or neglect.
prepare a written report as requested by the reporter outlining the identifying
information concerning the family, the allegations of maltreatment, the findings of
maltreatment, the surrounding circumstances which accompany the maltreatment, how
the child functions on a daily basis, the disciplinary approaches used by the parent, the
overall parenting practices used by the parent, daily mental health functioning and
substance use by the parent and general adult functioning of the parent. The report
should indicate whether or not maltreatment occurred, whether there is risk of future
maltreatment to the child, any issues that influence the child=s safety and the action
taken regarding any necessary development and implementation of a safety plan.
submit the report to the circuit court or family law master within the specified time
frames.
import the report/document from Word Perfect into FACTS and file within the file
cabinet to document compliance with the request from the circuit court or family court
judge.
The supervisor will:
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follow the same rules and procedures for initial assessment and safety evaluation as
other assessments of suspected child abuse or neglect.
assure that the initial assessment and safety evaluation is completed within the
specified time frames.
assure that a written report is prepared and submitted to the circuit court or family
court judge within the specified time frame.
assure that the report is filed within FACTS.
3.22 Initial Assessments Involving Allegations Made During Infant
Guardianship Proceedings
WV Code 44-10-3 allows suitable individuals to petition for guardianship of minor children. If
the basis for the Infant Guardianship petition is abuse and/or neglect, the Circuit Court will
hear the case.
If the Infant Guardianship petition is based upon abuse and/or neglect, the Department will
receive notice of the Infant Guardianship proceedings. This will serve as a mandatory referral
for investigation. The Circuit Court may (discretionary with the court) enter an administrative
order for the Department to conduct a CPS investigation whereby CPS will then have not
more than 45 days to submit a report regarding the findings of the investigation or appear
before the circuit court to show cause why the report has not been submitted. If the circuit
court believes the child to be in imminent danger, the court may shorten the time for the
Department to act upon the referral and appear before the court. This will occur using the
Disposition of CPS Investigation Report for Family and Circuit Court form. If an investigation
was completed within 30-45 days of when this referral is received, which contains the exact
same allegations, a report on the prior referral/investigation can be made to the court and the
new referral screened as duplicate.
For initial assessments and safety evaluations involving Infant Guardianship proceedings, the
worker will:
establish a plan to complete the initial assessment and safety evaluation;
follow the same rules and procedures for initial assessment and safety evaluation as
other assessments of suspected child abuse or neglect;
provide a copy of the Disposition of CPS Investigation Report for Family and Circuit
Court form and a copy of the initial assessment to the Family Court Judge and the
Circuit Court Judge within 45 days of receipt of referral, with a copy to the Prosecuting
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Attorney.
The supervisor will:
assure that the worker provides a copy of the Disposition of CPS Investigation Report
for Family and Circuit Court form and a copy of the initial assessment to the Family
and Circuit Courts within 45 days (or less if the allegations involve imminent danger),
with a copy to the Prosecuting Attorney.
After submission of the Disposition of CPS Investigation Report for Family and Circuit Court,
the Circuit Court Judge will review the investigation to determine whether CPS intends to file a
petition and, if not, whether CPS should be ordered to file such a petition. Specifically, the
Judge will want to make sure that the Department addressed any alleged circumstances that
require that a petition to terminate parental rights is filed, or if certain aggravated
circumstances exist that require a petition to be filed. In other words, if CPS substantiates
any allegations that might require the filing of a petition to terminate parental rights under
West Virginia Code 49-6-5(b), such as abandonment or the murder of another of the parent’s
children, the court will consider whether the circumstances are such that the duty to file a
petition is essentially non-discretionary. If so, then CPS will be ordered to file a petition. Or, if
CPS substantiates any allegations which do not require CPS to make reasonable efforts to
preserve the family under West Virginia Code 49-6-3(d)(1) (aggravated circumstances), then
the court will consider whether CPS has acted arbitrarily and capriciously in deciding not to
file a petition.
If, when the Circuit Court compares the referral to the investigation and finds that the worker
may be under a duty to file a petition but does not intend to do so, the Circuit Court will enter
a show cause order setting a hearing. The purpose of the hearing is to determine whether a
Writ of Mandamus should be issued, requiring the worker to file a petition.
The show cause order will be circulated to the Community Services Manager. It will require
the worker to appear to show cause why he or she has decided not to file a petition in view of
substantiated allegations that come within West Virginia Code 49-6-5(b) or 49-6-3(d)(1).
3.23 Initial Assessments Involving Critical Incidents
Whenever a deceased or severely injured child has siblings, and the cause for the death or
injury of said child is suspected abuse and/or neglect, an initial assessment must occur. For
these initial assessments and safety evaluations, the worker will:
contact the prosecuting attorney and the appropriate law enforcement official to
establish a plan for a joint investigation/assessment. The purpose of the contact is to
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clarify roles, establish a means for communication and to share information. If the
prosecuting attorney and/or the law enforcement official declines to proceed with a
joint investigation/assessment, CPS must proceed as the sole entity conducting the
investigation/assessment. The failure of law enforcement or the multi disciplinary
investigative team to investigate a report of suspected child abuse or neglect does not
relieve the DHHR from its responsibilities to protect children.
begin an immediate initial assessment and safety evaluation regarding any surviving
siblings or other children in the home or custody of the alleged maltreater.
defer to the law enforcement investigation if there are no surviving siblings or other
children in the home or custody of the alleged maltreater. CPS may participate in the
investigation as part of the multi disciplinary investigative team.
If so, the worker will complete the contacts section and the maltreatment and nature
elements only of the initial assessment. The reason for the incomplete assessment
will be indicated within FACTS as Achild is deceased, unable to complete initial
assessment@.
refer any inquiries from the news media to the Regional Director who will consult with
the Director of Communications within the DHHR Office of the Secretary about how to
respond.
follow all other rules and procedures for initial assessment and safety evaluation as
other assessments of suspected child abuse or neglect, insofar as possible.
The supervisor will:
Complete the Critical Incident Final Report when the investigation has been
completed. The report should be directed through the Field Operations Chain of
Command using the revised Critical Incident Final Report Form (SS-CPS-5A). The
report will be directed to the Community Services Manager to the Regional Director.
The Regional Director will share the report with the Regional Program Manager before
forwarding it to the Deputy Commissioner of Field Operations and the Commissioner.
In all incidents of a child fatality where the Department has been involved, either through
an investigation or an open case, the fatality shall be reported through the Field
Operations Chain of Command, as cited above and in Section 2.11. It shall be the
decision of the Deputy Commissioner and the Commissioner to institute an internal Critical
Incident Review. If a Critical Incident Review is initiated, the Assistant Commissioner of
the Office of Planning and Quality Improvement shall initiate the following procedure:
The Assistant Commissioner of Planning and Quality Improvement will name a team of
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experts to assist in the review. The team shall consist of: Assistant Commissioner of
Planning and Quality Improvement; one Regional Program Manager who is NOT from
the region involved in the review; one Program Manager or designee from the Office of
Children and Adult Services Policy Unit; the Director of RAPIDS; at least two Social
Services Program Review staff from the Office of Planning and Quality Improvement;
The Deputy Commissioner will notify the affected District of the intent to review.
A record review of the case will be conducted in FACTS;
A conference call will be scheduled among the team members to discuss the
Department's documented involvement, as well as to solicit expertise from the team
regarding review content;
Interview with pertinent parties will be scheduled;
The Office of Planning and Quality Improvement will conduct the interviews and gather
other significant documentation;
Staff from the Office of Planning and Quality Improvement will meet to debrief the
findings of the review;
A written report will be submitted to the Deputy Commissioner and the Commissioner.
At all points during the review, conflicts of interest will be avoided. It shall be the intent of the
review procedure to involve personnel who have no vested interest in the case being
reviewed. All participants in the review are required to keep the information confidential and to
divulge information only in the interest of completing the review.
A database of all child fatalities will be maintained by the Office of Planning and Quality
Improvement beginning January 1, 2005.
3.24 Initial Assessments Involving DHHR Employees or Other Potential Conflicts of
Interest
For initial assessments and safety evaluations involving DHHR employees and other potential
conflicts of interest, the worker and supervisor will:
follow the same rules and procedures for initial assessment and safety evaluation as
other assessments of suspected child abuse or neglect.
take appropriate action within FACTS to have access to the case restricted.
3.25 Initial Assessments Involving Disabled Infants or Children with Life-
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threatening Conditions (Baby Doe)
For initial assessments and safety evaluations involving disabled infants or children with life-
threatening conditions the worker will:
follow the same rules and procedures for initial assessment and safety evaluation as
other assessments of suspected medical neglect, insofar as possible.
contact the hospital or appropriate medical personnel to coordinate interviews and
information-gathering, including the obtaining of medical records.
contact the medical personnel and any other relevant persons who can provide the
information necessary to evaluate the alleged medical neglect. If the child is in a
hospital and there is a designated hospital liaison for these cases, then that person
should be contacted. If the hospital has a review committee and a meeting regarding
this child has taken place or one is scheduled, then contact should be made with the
review committee chairperson or designee. If there is not a designated hospital
representative, or review committee, contact the child=s physician and other persons
involved in the child=s treatment and/or the hospital social services unit. In many
instances, the hospital pediatric social worker will serve as a liaison to the DHHR.
contact the prosecuting attorney for assistance in gaining access to medical records, if
access is denied.
attempt to gather the following information;
the child=s physical condition;
seriousness of the current health problem;
probable medical outcome if the current health problem is not treated and the
seriousness of that outcome;
generally accepted medical benefits of the prescribed treatment;
generally recognized side effects/harms associated with the prescribed
treatment;
the opinions of the Infant Care Review Committee (ICRC) or the Hospital
Review Committee (HRC), if the hospital has one;
the parent=s knowledge and understanding of the treatment and the probable
medical outcome.
arrange for a consultation with another physician not associated with the case, if
indicated, to gain an independent opinion and recommendation.
determine whether or not medically indicated treatment, including appropriate nutrition,
hydration or indicated medication was withheld from the child.
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determine whether immediate action is necessary to assure that the child receives
medically indicated treatment. If the parent is unable or unwilling to consent for
medically indicated treatment, including appropriate nutrition, hydration or indicated
medication, initiate the filing of a petition alleging child neglect.
The supervisor will:
assure that the protocol for handling initial assessments and safety evaluations
involving disabled infants or children with life-threatening conditions was followed.
follow the same rules and procedures for initial assessment and safety evaluation as
other assessments of suspected medical neglect, insofar as possible.
3.26 Initial Assessments Involving Domestic Violence
Due to the overwhelming co-occurrence rate between domestic violence and child
victimization and the potential devastating consequences to children exposed to domestic
violence, the Bureau for Children and Families must be attuned to the existence of domestic
violence when performing initial assessments with all families.
Domestic Violence may be identified at many different points during the CPS case process.
Several possibilities are:
domestic violence may be reported as part of the initial report of child abuse or
neglect.
family members may self-report during the first contact by the worker when assessing
a report of child abuse or neglect.
during an initial assessment, a worker may observe signs indicating that domestic
violence may be a problem even if not acknowledged by the family members
themselves.
Workers must observe all families for the following domestic violence indicators:
an adult who consistently describes and addresses their partner in derogatory terms.
an adult who is overly solicitous/condescending toward his/her partner.
an adult who admits to acts of domestic violence but minimizes the frequency or
severity, blames the partner for provoking it, or refuses to accept responsibility for
his/her actions.
one adult who Aspeaks for@ the other partner when the parties are together.
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children who talk about their parents or parental influences fighting, hitting or being
afraid of one another.
adults or children who are fearful about another adult becoming angry if their rules,
decisions or plans are not followed.
an adult who is controlling of other family members.
a child is alleged to perpetrate violence against any family member.
the ability of a partner to meet alone with the worker may also be suggestive of
domestic violence.
Battering can have a tremendous impact on a adult victim=s ability to protect their children.
Consequently, any attempts to protect children from maltreatment must address the problem
of domestic violence. The two primary purposes for CPS intervention are to: (1) protect and
control the safety of children who are at risk of maltreatment, and (2) to provide services to
alter the conditions which created the risk of maltreatment. In all cases, it is essential to
identify the problems, ensure that children are safe, and move toward risk reduction by
providing and using a variety of intervention strategies. (See Introduction and Overview,
Section 1.)
When one of the child=s parents is being battered, the purposes for intervention are not
altered. What differs is the view of each victim. The child is viewed as a dependent person
who requires protection and who cannot ever act independently and autonomously. However,
the adult victim must be approached as an individual who needs to have his/her own
experience validated, to be supported and empowered to act, and to make his/her own
choices from a range of available options. Many victims of domestic violence appear hostile
or distrustful when asked to talk about their situation. This may be due to many factors such
as fear of retaliation, previous negative experiences with authorities, and /or not viewing their
partners as abusive. When conducting an interview, it is important to remember that adult
victims are often afraid that CPS may:
tell their partner.
blame them or not believe them.
force them to do something that will increase their risk or for which they are not ready.
take their children away.
Victims of domestic violence are often threatened by the alleged maltreater/batter with
loss of their children through a report of abuse to CPS. DO NOT ask a suspected adult
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or child victim about domestic violence in the presence of a suspected alleged
maltreater/batterer.
When making a finding that domestic violence rises to the level of child abuse (49-1-
3(a)(4)), the worker must be sure to document the harm to the child. Domestic violence,
in and of itself, does not constitute child maltreatment. In order to substantiate, the
worker must find that a maltreating/battering parent has harmed a child though the
process of:
Attempting to cause or intentionally, knowingly or recklessly causing
physical harm to another with or without dangerous or deadly weapons;
Placing another in reasonable apprehension of physical harm;
Creating fear of physical harm by harassment, psychological abuse or
threatening acts;
Committing either sexual assault or sexual abuse as those terms are
defined in 61-8B-1 and 61-8D-1 of the West Virginia Code.
Holding, confining, detaining or abducting another against that person’s
will.
The above-listed criteria are the legal definitions of domestic violence. But law
enforcement doesn’t distinguish between family feuds, family fights as a result of
being intoxicated/high, battering that comes from one partner’s power and control over
another or other types of family violence; it is all the same to them. But workers must
consider the operational definition of domestic violence before making a finding of
domestic violence. There can be violent behavior in the home, between immediate
family members and extended family members, which should be rated according to the
danger, but should be captured as dangerous living situations or hazards.
For initial assessments and safety evaluations when domestic violence was reported in the
initial report, family members self-disclosed domestic violence or the above domestic violence
indicators were observed, the worker will:
plan for his/her own safety (i.e., when interviewing the alleged maltreater/ batterer,
have another child welfare worker or police present).
consider the safety of all family members when structuring interviews. Make
reasonable efforts to interview household members separately. If domestic violence is
indicated, the adult victim must be interviewed the same day as the children and a
protection plan must be initiated to address present dangers immediately. (The alleged
maltreater/batterer may retaliate against the adult victim or children for talking with the
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CPS worker.) Note: The optimal sequence for interviewing family members is:
a. identified child
b. siblings
c. non-maltreating parent/adult victim
d. maltreating parent
e. other collaterals, as appropriate
gather information about the domestic violence and its association to risk to the child in
separate interviews with the adult victim of domestic violence.
when possible, check with magistrate and family court to see if a protection order has
been issued to this family.
Specific and supportive questioning may be necessary in order to help the parent
assess the level of danger in which they live (see ASafety Assessment@ section that
follows). Individuals who batter and abuse both deny and minimize the extent of their
violence and impose this view on their victims.
assure the adult victim that you are concerned about his/her safety as well as the
children=s safety. Assure the adult victim that you will not confront the alleged
maltreater/batterer with information that s/he has shared, but explain the limits of
confidentiality.
ask the adult victim the following questions:
a. Tell me about your relationship.
b. How do decisions get decided in your relationship?
c. Do you feel free to do, think, believe what you want?
d. Does your partner ever act jealous or possessive? If yes, tell me more
about it.
e. Have you ever felt afraid of your partner? In what ways?
f. Has your partner ever physically used force on you (e.g., pushed,
pulled, slapped, punched, or kicked)?
g. Have you ever been afraid for the safety of your children?
through this line of questioning and careful listening, the worker should be able to get a
feel for the tone of the relationship. If the worker ascertains that violence and/or severe
control is or may be present in the family, the worker should then begin an assessment
of severity. The following questions will help the worker determine if the pattern of
incidents is changing, if the abuse is escalating in frequency, the amount of freedom
the adult victim has to act independently and if the victim(s) is in danger:
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Potential questions for the child(ren)1
Questions in this section are used with children once domestic violence indicators
have been found.
When interviewing children, do not ask leading questions. A leading question is one that
implies the answer in the question. When interviewing children, be aware of their
developmental age and their vulnerabilities to risks batterers pose. Children will use different
words to describe their feelings, thoughts and violent behavior. Adapt the questions using the
words and circumstances described by the child(ren). Note: If there are indicators or
allegations that the child(ren) may be abusive to other family members, interview the adult
and child victims before the alleged child perpetrator and document why the interview protocol
was not followed.
The questions will focus on three areas:
a. the child=s account of what they experienced and how they understand the
violence.
b. the impact of exposure to violence.
c. the child=s worries about safety.
1. A Child=s Account of What S/he Experienced:
The following questions can be asked of children when there are domestic violence
indicators. Only continue the progression of questions if the child discusses incidents of
violence.
Note: Older children are more likely to minimize reports of parental fighting out of loyalty to
parents- they will protect parents. Younger children may be more spontaneous and less
guarded with their reports.
1Adapted from materials written by Child Witness to Violence Program, Boston Medical Center
Questions:
Do you ever get mad? What do you do?
Does anyone else in your family get mad? What do they do?
What happens when you parents get mad at each other? Tell me about that.
Do they yell at each other?
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Does either parent hit the other?
When was the last time you remember the hitting?
When was the first time you remember the hitting?
Do you ever get hit or hurt when there is an argument?
2. Assessment of the child(ren)=s Impact of Exposure to Violence:
Do you find that you think about what you=ve told me about your parents?
What do you think about it?
When do you think about it?
How do you feel about it?
Do these thoughts or feelings ever come in school or while you are playing?
Do you ever have trouble sleeping at night? Why? Do you have nightmares?
What do you want to happen to make it better?
3. Child=s Worries about Safety:
Does anyone know about what you=ve told me about your parents? Who? How did
they find out?
Have you talked with anyone about what you=ve told me about your parents? Who?
What happened when you told them?
In an emergency, who would you call?
Their phone number is______________?
What would you say?_____________________________
________________________________________________
If children don=t have some idea of whom to call, the social worker should give them basic
information or help the adult victim think where the child could go if their parents are fighting
or engaged in assaultive behavior. Could they go to another room? A neighbor=s house?
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Information gathered from this interview should always be shared with the adult victim to help
him/her understand the effects of domestic violence on the children, as long as the children=s
safety will not be compromised.
Potential Questions for Adult Victim:
Has your partner:
prevented you from going to work/school/church?
prevented you from seeing friends or family?
listened in on your phone calls or violated your privacy in other ways?
followed you?
accused you of being unfaithful?
acted jealous?
controlled your money?
stolen your money?
The following questions will help the worker identify patterns of verbal, emotional, physical
and sexual abuse.
called you degrading names?
emotionally insulted you?
humiliated you at home? In public?
destroyed your possessions (e.g., clothes, photographs)?
broken furniture?
pulled the telephone out?
threatened to injure you, him, your children, or other family members?
hit, slapped, pushed, kicked, choked or burned you?
threatened to use a weapon or has used a weapon?
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threatened to kill you?
hurt your pets?
engaged in reckless behavior (e.g., drove too fast with you and the children in the
car?)
behaved violently in public?
been arrested for violent crimes?
forced you to perform sexual acts that made you feel uncomfortable?
prevented you from using birth control?
withheld sex?
hurt you during pregnancy?
forced you to engage in prostitution or pornography?
forced you to use drugs?
This line of questioning may be emotionally difficult for the adult victim. Be supportive and
give the adult victim opportunity to let you know how s/he is doing. In a supportive manner,
ask questions about feelings of depression, anxiety or suicidal ideations in the past or
present. The next group of questions will help you assess the level of risk to the children.
Has your partner:
called your child degrading names?
threatened to take the child(ren) from your care?
called or threatened to call CPS?
accused you of being an unfit parent?
threatened to hurt or kill your child?
hurt you in front of the children?
hit your child with belts, straps or other objects?
touched your child in a way that made you feel uncomfortable?
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assaulted you while you were holding your child?
asked your child to tell him what you do during the day?
treated your child significantly differently from another?
forced your children to participate in or watch his abuse of you?
Has your child:
overheard the yelling and/or violence?
behaved in ways that remind you of your partner?
physically hurt you or other family members?
tried to protect you?
tried to stop the violence?
hurt him/herself?
hurt pets?
been fearful of leaving you alone?
exhibited physical/behavioral problems at home/school/day care?
The last selection of questions will help you understand the adult victim=s history seeking
help.
Have you:
told anyone about the abuse? What happened?
seen a counselor? What happened?
left home as a result of the abuse? Where did you go? Did you take the children? If
not, why?
called the police? What happened?
pressed criminal charges? What happened?
filed a protective order? What happened (e.g., did your partner respect the order)?
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used a domestic violence program or shelter? Was it helpful?
fought back? What happened?
General Questions:
How dangerous do you think your partner is?
What do you think s/he is capable of?
Do you have any current injuries or health problems?
How has this relationship affected how you feel about yourself, your children, the
future?
How do you explain the violence to yourself?
How do you believe your children understand the violence?
What do you believe would keep you and your children safe?
Once the adult victim=s interview is complete, you should have an understanding of the
power structure within the family.
Safety planning must begin with the adult victim immediately. Develop a protection
plan with the adult victim before leaving the interview. The protection plan must
include referral information about services provided by a licensed domestic violence
program.
If there is extreme danger for the adult victim and the children have learned to survive by
identifying with the maltreater/batterer (i.e., cannot keep confidentiality from the alleged
maltreater/batterer), then direct questioning of the children may be postponed until safety can
be achieved. This same thinking applies to interviewing the alleged maltreater/batterer. If an
adult victim is fearful of the consequences of questioning the alleged maltreater/batterer, then
it should not be done until safety can be achieved. Safety always comes first.
Questions for the alleged maltreater/batterer:
Assessing the dangerousness of an alleged malreater/batterer is important in order to protect
you and to lessen the risk for children and adult victims. Lessening the risk for you and the
adult victim will mean safety planning. If you obtain information that indicates an interview with
the alleged maltreater/batterer is too dangerous ( for you or the adult victim and child), consult
with your supervisor before you proceed. If you decide not to initially interview the alleged
malreater/batterer, as it is not in the best interest of the child, document the reasons why the
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interview protocol was not followed in the case record. Third party reports are critical in these
instances. While safety concerns may prevent an interview with the alleged maltreater/
batterer initially, once safety measures have been taken, the alleged maltreater/batterer must
be interviewed (within 30 days). If you determine from your interview of the adult victim and/or
children, that the alleged malreater/batterer can be safely interviewed, proceed with the
following preliminary line of questioning to determine the alleged maltreater/batterer=s
perception of the problem.
Tell me about your relationship?
Tell me three things you like about your partner and family?
How does your family handle conflict?
What kinds of things do you expect from your partner/family?
What happens when things don=t go your way? What do you do? What is that like?
Have you ever been so angry that you wanted to physically hurt someone?
Have you ever forcefully touched anyone in your family? In what way?
Have you ever been told that violence is a problem for you? By whom?
The worker should explore in a supportive manner history or current feelings of depression or
suicidal thoughts.
If allegations are supported, begin protection planning immediately. Provide the adult
victim with written information about his/her rights and about local domestic violence
programs such as hotline, shelter, counseling and advocacy services. Services should be
offered even if the client chooses to remain in the relationship. Explore with the adult victim
what safety measures work best for her/his situation. Do not force a victim of domestic
violence to select any one option for safety. Coordinate with resources for battered adults,
(e.g., the local domestic violence shelter and outreach programs). Involve an advocate from
the domestic violence program as soon as possible.
Other considerations:
Workers must be careful to not confuse violence caused by substance abuse, drug
manufacturing/sales or mental illness as domestic violence. The intake worker
should consult the “Power and Control Wheel” for clarification, as well as the
operational definition of domestic violence.
Remember that the adult victim is often more afraid of the batterer than of anything
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else. Being aware of this dynamic and confronting it in a supportive manner will
ensure correct identification of the problems.
Avoid blaming the adult victim for the violence committed by others.
Provide information to the adult victim about legal and emergency service alternatives
for protection.
Present options that are available to the adult victim, including the initiation of criminal
proceedings against the batterer.
Support the adult victim in making the best possible choices.
Respond to the safety needs of all victims in the family.
If the non-maltreating parent is agreeable, a domestic violence petition can be filed in
magistrate court requesting a protective order. (48-2A-3). The worker will assist the
non-maltreating parent with the process. In no way, however, should the worker force
the adult victim to file a domestic violence petition and/or threaten to remove the child
if one is not obtained. A domestic violence protective order is not the only option, and
does not guarantee safety. A non-maltreating parent/ adult victim’s willingness to seek
a protective order in no way relieves the worker of his/her responsibility for protecting
children under the language of Chapter 49. If obtaining a domestic violence protective
order is included on the in-home safety plan and/or protection plan, the worker must:
Notify in writing the Family Court Judge advising them that CPS is involved with the
family and obtaining a domestic violence protective order is part of the in-home
safety plan and/or protection plan.
Mail a copy of the in-home safety plan and/or protection plan to the Family Court
Judge and advise the court that you can be available to testify in person or by
phone.
Attend the domestic violence protection order hearing or testify by phone if
requested by the Family Court Judge.
Consider in-home safety plans that preserve the unity of the child and the non-
maltreating parent/adult victim, as long as the child=s safety can be assured. Court
intervention is likely to be necessary to protect the child and the non-maltreating
parent. This can be achieved by the filing of a co-petition in Circuit Court by the DHHR
and the non-maltreating parent, requesting custody be retained by the non-maltreating
parent. In appropriate cases, a co-petition under Chapter 49, brought by both CPS and
the non-maltreating parent/adult victim may offer greater protection for both the adult
victim and the children. In order for the worker to file a co-petition, the worker must
consult with the Prosecuting Attorney to ensure this is the best approach. In order for
co-petitions to work effectively, it is best that both the Department and the co-petitioner
are in agreement regarding the approach to be taken. The language of the co-petition
should employee specific language to preclude the maltreating parent from living in the
home or having contact with the child. (See WV Code 49-6-3(a)). A co-petitioning
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parent will be appointed separate counsel. Rule 17 (a) of The West Virginia Rules of
Practice and Procedure for Child Abuse and Neglect states that "If one of the
petitioners is a parent, then that parent shall be appointed counsel pursuant to WV
Code 49-6-3, separate from the prosecuting attorney."
If a co-petition is not feasible, but an abuse/neglect petition is filed in circuit court by
the worker, a no fault finding of “battered parent” may be applied to the non-
maltreating parent during court proceedings. The language of the co-petition should
employ specific language to preclude the maltreating parent from living in the home or
having contact with the child, outside a court-sanctioned visitation plan. (See WV Code
49-6-3(a)).
If the adult victim is not ready or able to accept services and/or dangerousness of the
alleged maltreater/batterer renders services insufficient to protect children from
imminent risk, explore other options in consultation with the supervisor. The worker
should consult with a domestic violence advocate for guidance in helping develop a
safety plan with the non-maltreating parent/adult victim of domestic violence. Domestic
Violence Advocates are experts in assisting with Safety Planning for adult victims, and
can be a valuable resource for CPS staff.
In removal situations, when the safety of the child cannot be assured, consult with
police and/or request their assistance. Advise an adult victim of her/his rights to have
his/her attorney, even if s/he is living with the alleged maltreater/ batterer.
If the adult victim presents as severely depressed, assess carefully for suicidal
ideation. Does s/he present as passive and cooperative, yet nothing changes in the
home? Depression is symptomatic of trauma and may not subside until safety is
achieved. Interventions and services should be decided in partnership with the adult
victim to promote a personal sense of competence and power.
Substance abuse may exacerbate, but does not cause domestic violence. Does
substance abuse impede the adult victim=s ability to assess the level of danger in the
home? Impede her ability to safety plan for herself and her children? How does the
alleged maltreater/batterer use his/her partner=s substance abuse to exercise control?
Does the alleged maltreater/batterer offer his/her substance abuse problem or his/her
partner=s as an excuse for violent behavior? Does the adult victim blame
herself/himself for the violence? Does s/he feel a deep sense of shame and
hopelessness? Always assess the potential of self harm. Safety planning is critical.
Never confront the alleged maltreater/batterer or victim when they are under the
influence of substances.
In completing the initial assessment in FACTS, the worker must:
document the presence of domestic violence in the maltreatment, nature and adult
general functioning elements of the initial assessment. If the worker has documented
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injury or harm to the child (not all domestic violence causes injury or harm to the child),
the rating for maltreatment should not be lower than 2; nature should be rated 3 in
most circumstances and the maltreater/batterer should be rated 4. The non-
maltreating parent should not be rated in a fashion that places blame for the abuse
upon him/her. If it is necessary to substantiate maltreatment against the parent who is
not doing the battering because s/he is supporting the batterer and/or condoning the
abusive behaviors, the ratings should be based upon the parent “Knowingly Allowing”
the abuse to occur. (See CPS policy Sections 2.16 and 3.27)
Identify the batterer as the maltreater.
avoid identifying the adult victim as the maltreater (see above).
follow all other rules and procedures for initial assessment and safety
evaluation as other assessments of suspected child abuse or neglect.
If the relationship appears to involve violence by both partners, this can be confusing when
the worker is trying to ascertain the predominant aggressor/initiator of the violence within the
relationship. To assess self-defense and other responses to violence accurately, examine:
Who holds the control in the relationship?
Who has been injured?
Who is afraid?
Who has access to resources? Court records, police records and documents from
probation. If the batterer has any treatment history, those records may provide critical
information.
The supervisor will:
assure that the initial assessment and safety evaluation is completed with due
consideration of all the dynamics related to domestic violence.
assure that the safety needs of all the victims in the family are met.
follow all other rules and procedures for initial assessment and safety evaluation as
other assessments of suspected child abuse or neglect.
For more information concerning CPS and Domestic Violence, please see Child Protective
Services Risk Management: A Decision Making Handbook, Appendix O, A Child Maltreatment
and Woman Abuse: A guide for Child Protective Services Intervention@.
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3.26.1 Initial Assessments Involving Allegations Made During Domestic
Violence Protective Order Proceedings
For initial assessments and safety evaluations involving allegations made during domestic
violence protective order proceedings, the worker will:
establish a plan to complete the initial assessment and safety evaluation;
follow the same rules and procedures for initial assessment and safety evaluation as
outlined in CPS policy section 3.26 Initial Assessments Involving Domestic Violence;
provide a copy of the Disposition of CPS Investigation Report for Family and Circuit
Court form and a copy of the initial assessment to the Circuit Court within 45 days (or
less if the allegations involve imminent danger). If the worker and supervisor do not
file the report to the Circuit Court within 45 days (or less if the allegations
involve imminent danger), the hearing that was set when the administrative
order was written will occur. CPS will be required to attend this hearing to
discuss the investigation findings and why a report was not made to the court
within the 45 day (or less) time period.
The supervisor will:
follow the same rules and procedures for initial assessment and safety evaluation as
outlined in CPS policy section 3.26 Initial Assessments Involving Domestic Violence.
assure that the initial assessment and safety evaluation is completed within the
specified time frames.
assure that the worker provides a copy of the Disposition of CPS Investigation Report
for Family and Circuit Court form and a copy of the initial assessment to the Family
and Circuit Court within 45 days (or less if the allegations involve imminent danger),
with a copy to the Prosecuting Attorney. If the worker and supervisor do not file the
report to the Circuit Court within 45 days (or less if the allegations involve
imminent danger), the hearing that was set when the administrative order was
written will occur. CPS will be required to attend this hearing to discuss the
investigation findings and why a report was not made to the court within the 45
day (or less) time period.
If an investigation was completed within 30-45 days of when this referral is received,
which contains the exact same allegations, a report on the prior referral/investigation
can be made to the court and the new referral screened as duplicate.
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After submission of the Disposition of CPS Investigation Report for Family and Circuit Court,
the Circuit Court Judge will review the investigation to determine whether CPS intends to file a
petition and, if not, whether CPS should be ordered to file such a petition. Specifically, the
Judge will want to make sure that the Department addressed any alleged circumstances that
require that a petition to terminate parental rights is filed, or if certain aggravated
circumstances exist that require a petition to be filed. In other words, if CPS substantiates
any allegations that might require the filing of a petition to terminate parental rights under
West Virginia Code 49-6-5(b), such as abandonment or the murder of another of the parent’s
children, the court will consider whether the circumstances are such that the duty to file a
petition is essentially non-discretionary. If so, then CPS will be ordered to file a petition. Or, if
CPS substantiates any allegations which do not require CPS to make reasonable efforts to
preserve the family under West Virginia Code 49-6-3(d)(1) (aggravated circumstances), then
the court will consider whether CPS has acted arbitrarily and capriciously in deciding not to
file a petition.
If, when the Circuit Court compares the referral to the investigation and finds that the worker
may be under a duty to file a petition but does not intend to do so, the Circuit Court will enter
a show cause order setting a hearing. The purpose of the hearing is to determine whether a
Writ of Mandamus should be issued, requiring the worker to file a petition.
The show cause order will be circulated to the Community Services Manager. It will require
the worker to appear to provide show cause why he or she decided not to file a petition in
view of substantiated allegations that come within West Virginia Code 49-6-5(b) or 49-6-
3(d)(1).
3.27 Initial Assessments Involving Parents Knowingly Allowing Abuse
and/or Neglect
In years past, many child welfare professionals have used the term “failure to protect” as a
catch-all phrase to describe parents whose children were abused by other individuals,
regardless of actions that may or may not have been taken; regardless of whether the parent
knew or didn’t know the abuse was occurring; regardless of whether that parent was a victim
of domestic violence or not. The legal standard for this concept, however, is “Knowingly
Allows” and was written into statute in order to better define an omission of parental protective
action.
When staff encounters parents who are not the actual maltreater, but are perhaps the
spouse, paramour or neighbor of the abusive individual, there may be an immediate
inclination to place blame on the “non-abusive” parent. Sometimes this assignment of
culpability is accurate, but other times it is not. There are specific criteria that must be used
when determining whether or not a parent is responsible for abuse that is perpetrated against
his or her child by another person. The CPS worker must use direct interviewing questions
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during the Initial Assessment in order to determine the family dynamics at play.
For initial assessments and safety evaluations involving parents who knowingly allow abuse
and/or neglect, the worker will:
follow the same rules and procedures for initial assessment and safety evaluation as
other assessments of abuse and/or neglect.
determine whether or not there is domestic violence within the family dynamics. Ifthe
worker finds the presence of domestic violence, s/he cannot find that the non-abusive
parent “knowingly allowed” the abusive behavior unless the non-abusing parent did not
take any steps to protect the child that were reasonable given the threat posed by the
batterer to the non-abusing parent. The worker must approach completing the
interviews, protocols and maltreatment ratings as outlined in CPS policy section 3.26
Initial Assessments Involving Domestic Violence. ( See Supreme Court of Appeals
Decision In Regarding Betty J.W., 1988)
In non-domestic violence cases, consider the following when assigning a maltreatment
rating of “knowingly allows abuse and/or neglect”. At least one must be present in
order to use this rating:
A parent should have known his or child was being abused and/or neglected-It
may be difficult, at first, for staff to determine whether a parent could have known
that his or her child was being abused or neglected. In order to use this finding, the
worker must find sufficient evidence that the parent was presented with information
that would have led him or her to know. For example: A parent tells the worker that
s/he didn’t know his/her son was being sexually abused by an older sibling, yet the
children disappeared for several hours at a time; the abused child told his mother
that he hated his older sibling and wished he would die; and the abused child was
acting out sexually toward other children. When determining if a parent should
have known, the worker will need to employ very specific questioning of the child’s
behaviors or symptoms of the abuse; who the child may have told about the abuse
or how they told of the abuse. Often, children may not tell anyone in an actual
disclosure but may hint or tell stories. Other children may never say a word, but
their behavior changes drastically.
The parent knew but took no action to prevent or stop the abuse- The worker
must find that this parent supported and/or condoned the abusive behavior. For
example: A child is routinely spanked with a belt, leaving marks. When the non-
maltreating parent is questioned, s/he states that the child does not respond to
verbal correction and is out-of-control; that this form of discipline is the only thing
that works.
The parent supports the maltreating parent’s explanation of the abuse but the
evidence suggests that the abuse did not occur in the fashion that is described-
The worker must determine, sometimes with the assistance of a medical
professional, that the abuse could not have occurred according to the parents’
explanation. For example: A child is presented at the ER with a broken arm. The
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father states that the child fell out of bed while he was reading a bedtime story.
However, the attending physician states that the injury is a spiral fracture and could
not have occurred in any other way than a twisting motion. The mother is and
remains adamant that her husband could not have injured their son.
Both parents refuse to identify the abuser and/or both deny that the abuse has
occurred- The worker must determine if the parents really do not know what has
occurred (see section a- Parent should have known) or are simply covering for one
another or someone else. The worker will need to use the child’s statement, if
possible, as well as other collateral information. For example: A child is admitted to
the hospital for high fever and vomiting. Blood work reveals that the child is
infected with an STD. Blood work conducted during previous medical exams reveal
that the child was not infected in the past. Both parents deny that the child has
been sexually abused, but refuse to disclose the names of individuals with whom
the child has spent time.
choose the “Maltreatment Type” pick list value of “Knowingly Allows Abuse and/or
Neglect” if one of the above-listed criterion has been met. The substantiation of
maltreatment will be assigned to this parent, as another maltreatment type would be
assigned for the parent perpetrating other form(s) of abuse and/or neglect.
include “knowingly allowing abuse and/or neglect” in the petition, as well as the other
forms of abuse and/or neglect that were substantiated, if the worker must file a
petition to either compel compliance with CPS recommendations, or to remove the
children from the parent(s)’ custody.
3.28 Initial Assessments Involving Allegations Made During
Divorce/Custody Proceedings
Rule 47 of the West Virginia Rules of Practice and Procedure for Family Court requires the
Family Court to report to CPS whenever allegations of child abuse and/or neglect arise during
divorce and/or custody proceedings in Family Court.
When these allegations arise, the Family Court will send a written report to CPS, the Circuit
Court and to the Prosecuting Attorney. The Circuit Court will then enter an administrative
order to the Department, ordering an investigation and a report back within 45 days (or less if
the allegations involve imminent danger). The Circuit Court will also set a date for a hearing
regarding the investigation report. DHHR can avoid this hearing if (a) the CPS
worker/supervisor files the report within 45 days (or less if the allegations involve imminent
danger, or (b) files a petition.
For initial assessments and safety evaluations involving divorce/custody proceedings, the
worker will:
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establish a plan to complete the initial assessment and safety evaluation.
follow the same rules and procedures for initial assessment and safety evaluation as
other assessments of suspected child abuse or neglect.
provide a copy of the Disposition of CPS Investigation Report for Family and Circuit
Court form and a copy of the initial assessment to the Family and Circuit Court within
45 days (or less if the allegations involve imminent danger), with a copy to the
Prosecuting Attorney. If the worker and supervisor do not file the report to the
Circuit Court within 45 days (or less if the allegations involve imminent danger),
the hearing that was set when the administrative order was written will occur.
CPS will be required to attend this hearing to discuss the investigation findings
and why a report was not made to the court within the 45 day (or less) time
period.
If an investigation was completed within 30-45 days of when this referral is received,
which contains the exact same allegations, a report on the prior referral/investigation
can be made to the court and the new referral screened as duplicate.
The supervisor will:
follow the same rules and procedures for initial assessment and safety evaluation as
other assessments of suspected child abuse or neglect.
assure that the initial assessment and safety evaluation is completed within the
specified time frames.
assure that the worker is prepared for the court appearance and that proper ASO
referrals have been made, if necessary.
assure that the worker provides a copy of the Disposition of CPS Investigation Report
for Family and Circuit Court form and a copy of the initial assessment to the Circuit
Court within 45 days (or less if the allegations involve imminent danger). If the worker
and supervisor do not file the report to the Circuit Court within 45 days (or less if
the allegations involve imminent danger), the hearing that was set when the
administrative order was written will occur. CPS will be required to attend this
hearing to discuss the investigation findings and why a report was not made to
the court within the 45 day (or less) time period.
After submission of the Disposition of CPS Investigation Report for Family and Circuit Court,
the Circuit Court Judge will review the investigation to determine whether CPS intends to file a
petition and, if not, whether CPS should be ordered to file such a petition. Specifically, the
Judge will want to make sure that the Department addressed any alleged circumstances that
require that a petition to terminate parental rights is filed, or if certain aggravated
circumstances exist that require a petition to be filed. In other words, if CPS substantiates
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any allegations that might require the filing of a petition to terminate parental rights under
West Virginia Code 49-6-5(b), such as abandonment or the murder of another of the parent’s
children, the court will consider whether the circumstances are such that the duty to file a
petition is essentially non-discretionary. If so, then CPS will be ordered to file a petition. Or, if
CPS substantiates any allegations which do not require CPS to make reasonable efforts to
preserve the family under West Virginia Code 49-6-3(d)(1) (aggravated circumstances), then
the court will consider whether CPS has acted arbitrarily and capriciously in deciding not to
file a petition.
If, when the Circuit Court compares the referral to the investigation and finds that the worker
may be under a duty to file a petition but does not intend to do so, the Circuit Court will enter
a show cause order setting a hearing. The purpose of the hearing is to determine whether a
Writ of Mandamus should be issued, requiring the worker to file a petition.
The show cause order will be circulated to the Community Services Manager. It will require
the worker to appear to provide show cause why he or she decided not to file a petition in
view of substantiated allegations that come within West Virginia Code 49-6-5(b) or 49-6-
3(d)(1).
3.29 Investigations Involving Family Child Care Settings
Reports of suspected child abuse or neglect in family child care homes are assessed in a
different manner than reports of suspected child abuse or neglect in intra-familial settings.
The initial assessment and safety evaluation of suspected child abuse or neglect in intra-
familial settings focuses on assessing the presence and level of risk to a child within the
family setting, the evaluation of safety of the child, promotion of family preservation when the
safety of the child can be maintained and the provision of safety services to prevent family
disruption. Investigations involving private family child care settings are not focused on family
functioning and family preservation and for that reason, the initial assessment and safety
evaluation process is not used for assessing suspected child abuse and neglect in these “out-
of-home” settings. The worker will not complete the West Virginia Safety First safety
assessment on these investigations. The process used for these investigations is one that
focuses on the determination of whether maltreatment occurred.
For investigations involving private child care settings, the worker will:
review the report and all previous reports, records, and documentation on the
facility/provider which are relevant to CPS. Develop a plan for completion of the
investigation, taking into account the response time indicated at intake. It is the
position of the DHHR that the choice of the site of the interviews and who is present
during an interview is left to the discretion of the CPS staff.
contact law enforcement, the prosecuting attorney or the medical examiner if the report
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involves serious physical injury, sexual abuse, sexual assault or death of a child, to
coordinate any arrangements for a joint investigation. If the prosecuting attorney
and/or law enforcement official declines to proceed with a joint
investigation/assessment, CPS must proceed as the sole entity conducting the
investigation. The failure of law enforcement or the multi disciplinary investigative team
to conduct an investigation of reports of suspected child abuse or neglect does not
relieve the DHHR of its responsibilities to protect children.
In completing the investigation, the worker will:
make face-to-face contact with the identified child(ren) in the time indicated as the
response time on the intake. If unable to do this, the worker must document the
reasons in FACTS.
review all provider or facility records relevant to the investigation of the alleged
incident.
privately interview all parties in the following order: (this means separate, private
interviews for all parties.)
identified child(ren)
other witnesses, including other children in the facility/home
employees
administrative personnel (if applicable)
maltreater
any other collaterals, as appropriate
ask the parties if they are represented by legal counsel. If the parties are represented
by legal counsel, then the worker should not continue the interview without first
obtaining the permission of counsel to do so. If permission to conduct the interview is
denied, then the worker will discuss this situation with their supervisor. Once the
supervisor has reviewed this situation, the supervisor or the worker must contact the
prosecuting attorney or regional attorney for consultation on how to gain access so
that the parties may be interviewed.
there is no requirement that interviews with children or with maltreaters be audio or
video taped. However, some local multi disciplinary investigative teams have found
audio or video taping interviews to be effective in reducing the number of times that a
child is interviewed, especially when there are criminal allegations as well as civil
allegations of child abuse or neglect. Local MDT’s are encouraged to become
informed about the advantages and disadvantages of audio and video taping of
interviews. If the team decides to use either audio or video taping as part of their MDT
protocol, then the DHHR may participate. It is recommended that the tapes become
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part of the criminal investigative file to be located with the law enforcement agency
records, and not with CPS records maintained by the DHHR.
If CPS finds serious problems prior to completion of the investigation in a family child
care home, the DHHR Child care staff and Child care R&R staff, where applicable,
shall notify parents that an investigation is underway which could result in negative
action. The children must be removed from care until the investigation is complete. In
cases of an enrolled provider, the Child Care R&R worker shall provide assistance to
parents with alternate child care arrangements. The DHHR child care staff shall make
the provider unavailable in FACTS so that no new children may be linked until the
conclusion of the investigation (See Child Care policy Section 50863(A)).
if unable to complete the interviews at all and/or in this order, document the reasons
why in the record.
document the sources of information.
determine whether maltreatment occurred, utilizing the legal and operational
definitions for child abuse or neglect.
When completing the interviews, the worker will attempt to specifically gather information in
the following areas:
the types of maltreatment apparent; this includes all types of maltreatment, physical
abuse, sexual abuse, emotional abuse and neglect. Include any physical description of
maltreatment. The worker should be careful to distinguish between maltreatment and
what would be considered non-compliance if the child care setting were licensed. The
CPS worker will not be addressing non-compliance issues and should not consider
non-compliance abuse or neglect. Non-compliance should be referred to Child Care
R&R staff.
the surrounding circumstances which accompany the maltreatment; this should always
include the explanation of the circumstances related to the alleged maltreatment.
(Note: although the setting of the investigation is different from an intra-familial initial
assessment and safety evaluation, the basic format and techniques for interviewing which are
taught in WVCPSS training still apply.)
indicate whether maltreatment occurred.
complete the investigation within forty-five days of the receipt of the report, unless
extenuating circumstances prevent the completion. If so, request the approval of an
extension from the supervisor.
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transmit the investigation to the supervisor for review and approval.
The supervisor will:
notify the child care provider, if different that the maltreater, in writing, of the findings
and recommendations resulting from the investigation (the alleged maltreater will
receive an automatically-generated letter regarding the disposition of the investigation).
assure that the child care provider’s notification letter is imported into the FACTS file
cabinet to document that notification has been made.
contact the child victim’s parent or appointed counsel (guardian ad litem) to explain the
allegations made, the findings of the investigation and the outcomes. If there are other
children within the child care center or provider’s home that may also be at risk of
maltreatment, notify the parents of those children and inform them of the allegations,
the findings of the investigation and the outcomes, without revealing any confidential
identifying information. It is expected that parents will make alternative child care
arrangements.
notify Child Care R&R staff of the outcome of the investigation.
Investigations of private child care providers will not be opened for on-going CPS; no further
action beyond the investigation and notification of R&R staff is required of the CPS supervisor
or worker.
For investigations of suspected child abuse or neglect involving group residential and foster
family settings and child care center settings, please refer to the IIU policies
INVESTIGATIONS INVOLVING INSTITUTIONAL INVESTIGATIVE UNIT (IIU) AND CHILD
MALTREATMENT IN GROUP RESIDENTIAL AND FOSTER FAMILY SETTINGS and
INVESTIGATIONS INVOLVING INSTITUTIONAL INVESTIGATIVE UNIT (IIU) AND CHILD
CARE CENTER SETTINGS.
3.30 Initial Assessments Involving Non-Custodial Parents
For initial assessments and safety evaluation involving a non-custodial parent, the worker and
the supervisor will:
follow the same rules and procedures for initial assessment and safety evaluation as
other assessments of suspected abuse or neglect by a custodial parent. Risk of
maltreatment and safety will be evaluated with the child in the Afield@ with the
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maltreating non-custodial parent.
3.31 Initial Assessments Involving Drug-affected Infants
The staggering rise of illegal substance abuse in our society can be seen in no more poignant
a setting than in the numbers of infants being born with effects of exposure in-utero. Studies
indicate that about one in 10 infants are born each year in the United States who may have
been exposed to illegal drugs. Drug abuse has also become one of the most often cited
reasons for out-of-home placement in child protective services cases.
When a woman uses drugs when she is pregnant, the chemical passes through the placenta
and is absorbed into the fetus=s blood stream. Repeated use can create dependency in the
fetus, just as in the mother. The physical destruction of neurological and organ tissue that
occurs to the human adult due to drug exposure is compounded in the infant, creating the
possibility of birth defects and severe withdrawal. The long-term effects of in-utero drug
exposure often cannot be seen until developmental and learning disabilities surface after the
child begins school.
Substance abuse may be identified at various stages throughout the CPS case process and
can affect safety in myriad ways. However, for the purposes of this section, the focus will be
on infants born with effects of illegal substance use.
For initial assessments and safety evaluations involving infants exposed in-utero to illegal
substances, the worker will:
gather information about the medical condition of the infant at birth. Specific medical
data will need to be collected from the facility where the child was delivered. It is
important to remember that in order to find maltreatment; the infant must display
observable negative effects of the birth mother=s drug usage. Observable negative
effects include but are not limited to physical and /or neurological damage/deformities
and/or physical withdrawal at the time of birth.
determine what, if any, continued mal-effects the child will experience after discharge
from the birthing facility.
gather information about the birth mother=s drug use habits, as well as that of her
significant interpersonal relationships which may directly affect her usage.
obtain copies of all drug testing and evaluations done by the birthing facility and use
this information in the assessment.
judge the presence or absence of all foreseeable dangers, but with particular
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emphasis on the adult mental health functioning element and foreseeable dangers
Aone or both parents cannot control behavior and/or are violent@ and Aone or both
parents have failed to benefit from previous help.@ Thorough interviewing and
information-gathering must accompany this assessment and evaluation.
respond to any safety needs to other children in the care of the birth mother.
coordinate resources for substance abuse for the birth mother, as well as for the
biological father, if applicable.
make a referral to the Birth to Three program, regardless of maltreatment rating or
whether or not the case will be opened.
follow all other rules and procedures for initial assessment and safety evaluation as
other assessments of suspected child abuse and neglect.
The supervisor will:
assure that the initial assessment and safety evaluation is completed.
3.32 Initial Assessments Involving Parental Substance Abuse
For initial assessments and safety evaluations involving parental substance abuse (including
alcohol or drug abuse) the worker and supervisor will:
complete the initial assessment and safety evaluation with particular emphasis on the
adult mental health functioning element and the foreseeable dangers Aone or both
parents cannot control behavior and/or are violent@ and Aone or both parents have
failed to benefit from previous professional help@. Thorough interviewing and
information-gathering must accompany this assessment and evaluation. A parent=s
denial of substance abuse may not be adequate to make an informed assessment as
it is typical for substance abusers to deny or minimize their use.
request assistance from a substance abuse specialist at the community behavioral
health center, as indicated. Some community behavioral health centers have outreach
specialists for women, which may be a beneficial resource for CPS situations involving
mothers who are substance abusers.
make arrangements for a substance abuse evaluation, if indicated, to better
understand the severity of the substance abuse problem and how it relates to the
parent being willing or able to provide adequate care for their child.
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3.33 Initial Assessments Involving Requests from Law Enforcement
For investigations of suspected child abuse and neglect perpetrated by someone other than a
parent, guardian or custodian, in which DHHR is assisting law enforcement or the multi
disciplinary investigative team in conducting the investigation, the worker and supervisor will:
assist with the investigation per local joint investigation or multi disciplinary protocols,
with the approval of the Community Services Manager.
document all casework activity within the Arequest to receive services@ function of
FACTS.
3.34 Initial Assessments Involving School Personnel
For investigations of suspected child abuse and neglect perpetrated by school personnel,
please refer to the IIU policy INVESTIGATIONS INVOLVING INSTITUTIONAL
INVESTIGATIVE UNIT (IIU) AND CHILD MALTREATMENT IN SCHOOL SETTINGS.
3.35 Initial Assessments Involving Sexual or Abusive Interactions
Between Children
For initial assessments and safety evaluations involving sexual or abusive interactions
between children the worker and supervisor will:
follow the same rules and procedures for initial assessment and safety evaluation as
other assessments of suspected child abuse or neglect.
determine whether the alleged incident occurred as a result of neglect by the parent. If
so, rate the neglect and surrounding circumstances in the maltreatment and nature
elements.
determine whether the alleged incident occurred within the realm of normal, natural
child play or exploration between same age children. If so, there will be no finding of
maltreatment in the maltreatment element.
determine whether the parent responded appropriately to the child=s needs for
medical or mental health treatment, including the need for emotional support. If so,
there will not be a finding in maltreatment for medical neglect or emotional
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maltreatment.
3.36 Initial Assessments Involving Registered Child Sex Offenders
For initial assessments and safety evaluations involving registered child sex offenders who
are on probation or parole, the worker and supervisor will:
Follow the same rules and procedures for initial assessment and safety evaluation as
other assessments of child abuse and neglect.
Determine the status of the registered child sex offender’s parole or probation. Each
convicted sex offender is required to fulfill a period of parole or probation. The length
of time is individualized, and dependent upon specifics of time served and good
behavior. The state code stipulates that if the sex offense was committed against a
child under the age of 18, that individual will not be allowed around children under the
age of 18 during his or her parole/probation period.
The worker or supervisor will notify the probation or parole officer that the Department
has received a referral that the registered sex offender has violated the terms written in
WV State Code Chapter 62. WV State Code Chapter 49, section 49-7-1(1), provides
that information can be disclosed to “Federal, state or local government entities, or any
agent of such entities, including law enforcement agencies and prosecuting attorneys,
having a need for such information in order to carry out its responsibilities under law to
protect children from abuse and neglect”. This allows for CPS to share specifics of the
referral with the parole or probation officer.
If the worker determines that the registered child sex offender is (1) on parole or
probation, and (2) being allowed unlimited and/or unrestricted access to a child under
the age of 18, that worker must address this issue with the custodial parent(s) and/or
the non-child sex offender parent.
Worker must inform the non-sex offender parent of the registered child sex offender’s
status on the West Virginia State Police Sex Offender Registry as well as actively
serving a parole or probation period which prohibits him or her from being around
children under the age of 18. The worker must emphasize that the offense was child
sex abuse.
If the non-sex offender parent makes no effort to change the circumstances once they
have been made aware of the child sex offender’s status on the registry, this parent is
knowingly allowing his or her child to continue in a situation that poses potential harm
to the children. The worker must then notify the non-sex offender parent that the
Prosecuting Attorney will be contacted.
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The worker must contact the Prosecuting Attorney to file a petition for either removal of
the children or to compel compliance from the non-sex offender parent.
If a petition is denied, the worker and supervisor must consult with the Community
Services Manager or designee, Regional Program Manager or designee and the
Regional Assistant Attorney General to determine an approach to assure the
child(ren’s) safety.
For initial assessments and safety evaluations involving registered child sex offenders who
are not on probation or parole, the worker and supervisor will:
Follow the same rules and procedures for initial assessment and safety evaluation as
other assessments of child abuse and neglect.
The worker must inform the non-sex offender parent of the registered sex offender’s
status on the West Virginia State Police Sex Offender Registry. The worker must
emphasize that the offense was child sex abuse.
When investigating the risk of harm to the child(ren), the worker must take into account
behaviors in which the offender may be engaging that are not sexual but indicate that
the offender is grooming the child for future sexual offense. Examples of grooming
behavior may include spending more time with one child who belongs to a sibling
group or buying gifts for this child and not the others; the offender may find ways to be
alone with the child, such as making up excuses to pick the child up from school, or
take the child to appointments; overly solicitous in his or her parenting role and seems
“too good to be true” ; the children describe the offender as very affectionate, or
involved in their play-time activities; wants to spend inordinate amounts of time with the
children.
If the worker determines that the registered child sex offender is being allowed
unlimited and/or unrestricted access to a child under the age of 18, and this contact
poses risk of harm, that worker must address this issue with the custodial parent(s)
and/or the non-child sex offender parent.
If the worker and supervisor determine that the registered child sex offender does not
have unlimited and/or unrestricted access to the children, or does not pose a risk of
harm even with the unlimited and/or unrestricted access, the worker and supervisor will
complete required FACTS documentation and proceed accordingly. This can only be
determined through proper investigation and the procurement of any needed
evaluations that may have been done during incarceration or thereafter. This is not to
mean that the worker must request assessments to be completed during the
investigative process, but refers to the worker gathering any existing
assessments. An example of a low-risk offender would be an individual convicted of
the statutory rape of a female, aged 15, and the children with whom the offender is
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residing are his biological male infants.
If the worker and supervisor determine that the registered child sex offender does pose
a risk of harm to the children, and the non-sex offender parent makes no effort to
change the circumstances once they have been made aware of the child sex
offender’s status on the registry, this parent is knowingly allowing his or her child(ren)
to continue in a situation that poses potential harm to the child(ren). The worker must
then notify the non-sex offender parent that the Prosecuting Attorney will be contacted
and a CPS case will be opened.
The worker must contact the Prosecuting Attorney to file a petition for either removal of
the child(ren) or to compel compliance from the non-sex offender parent.
If a petition is denied and the family refuses to cooperate with services, the worker and
supervisor must consult with the Community Services Manager or designee, the
Regional Program Manager or designee and the Regional Assistant Attorney General
to determine an approach to assure the child(ren’s) safety.
3.36 Initial Assessments Involving Registered Child Abusers
For initial assessments and safety evaluations involving individuals on the Child Abuse and
Neglect Registry who reside with children, the worker shall:
follow the same rules and procedures for initial assessment and safety evaluation as
other assessments of suspected child abuse or neglect
contact the registrant’s probation or parole officer, if applicable, to determine if the
registrant is in violation of their probation/parole due to residing with a minor
notify the non-offending custodial parent(s) of the registrant’s status on the Child
Abuse and Neglect Registry
contact the appropriate officials to gather more detailed information regarding the
registrants actions that led to the conviction in order to assess risk of future harm and
to determine if aggravated circumstances exist (for information regarding aggravated
circumstances, see CPS Policy Section 3.13, as well as WV Code 49-6-3(d))
if the children are determined to be unsafe, proceed with the appropriate in-home
protection plan or out-of-home protection plan as indicated by the WV Safety First
Safety Assessment and open the case for CPS On-Going services
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CHILD PROTECTIVE SERVICES SECTION 4
4.1 Family Assessment and Treatment Planning
The family assessment in risk management casework includes all the activities and the
documentation which focus on studying the risk influences identified during initial assessment.
Assessment continues beyond identification to arrive at conclusions regarding the extent of
those core risk conditions that must change and the origin and cause of core risk conditions.
Finally, the family assessment includes establishment of some estimate regarding the
likelihood of changes which will reduce risk and risk influences.
The study process during the family assessment phase is directed at areas within the family
which were identified as being problematic and contributing to risk. The study also considers
the presence of previously unidentified or newly emerging influences. The family assessment
translates problems with the field into client outcomes. These provide overall guidance to
treatment plans and specific treatment goals.
Documentation of the family assessment must be thorough, relevant, qualitative, specific,
concise, factual (opinions must be supported by facts) and professional. The most important
objective during family assessment is to develop a working collaboration with the family.
Involvement of the family is enhanced if you involve them from the beginning and consistently
throughout.
While the process of family assessment and treatment planning is occurring, the supervisor
will;
! conduct regular supervisory meetings with the worker to provide support,
guidance and case consultation and to regulate the quality of casework
practice.
4.2 Purposes
The primary purposes of family assessment are:
to engage the family in a problem solving/helping partnership.
to identify the cause or origin, extent and meaning of risk influences.
to promote caseworker understanding and to enhance caseworker ability to help the
family understand problems.
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to plan and respond appropriately.
to provide, along with the treatment plan, a benchmark for measuring client progress.
to make decisions about outcomes, goals, and appropriate resources.
to initiate problem solving.
to reach agreement with the family about what must change.
to encourage family motivation toward change.
4.3 Decisions
The decisions that must be made during family assessment are:
what is the origin of the condition?
what is the nature of the condition?
what are or have been the consequences of the origins or conditions?
how do the origins and conditions relate to placing a child at risk?
how do the family members perceive the conditions?
what does the information mean?
what are the pervasive qualities of the family members?
does individual or family history help in understanding current functioning?
what information seems contradictory or inconsistent?
what family qualities are particularly noteworthy or impressive?
are there some things about the family which are vague or subtle?
what must change in order for the risk to be reduced?
what can change---taking into account client capacity?
what level of motivation to change exists?
what does the family agree to?
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what is the nature and quality of the worker-family relationship?
4.4 Principles
The principles of family assessment are:
family assessment is essentially a life space study which considers all forces present
in the family which impact on the child.
the concentration is on present risk issues, functioning, and problems, with recognition
that understanding of cause or origin is essential. This is accomplished through
examination of history, development, evolution, and past experience.
the assessment also considers the Afield@ as a dynamic, living, changing, interacting
environment.
family assessment is subject to change and review.
it is interactional; it deals with roles, relationships, environment, and resources.
family assessment takes into account all aspects of family life as well as the context in
which the family exists.
4.5 Family Assessment Protocol
Upon assignment of a case for ongoing services, the worker will:
review the case file and all work completed by the initial assessment worker (if
applicable).
develop a plan for completion of the family assessment and treatment plan, by
completing the AFamily Assessment Study Guide/Preparation@. The family
assessment and treatment plan is due to be completed within 45 days of the date the
initial assessment and safety evaluation was completed.
if feasible, meet with the initial assessment worker to discuss the case and strategies
for proceeding to family assessment.
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4.6 Completing the Family Assessment
In completing the family assessment, the worker will:
if possible and where applicable, meet with the family and the initial assessment
worker to be introduced to the family and make the transition to the family assessment
process. (If case does not transfer from one worker to another, this meeting is not
necessary).
meet with all family members in a planned approach; this will likely include a
combination of meetings with individual family members as well as couples meetings,
and family meetings, as indicated by the particular family and situation. The order of
the interview is flexible. You must determine how you will proceed in scheduling the
interviews once you meet the family and develop your plan. The purpose of the
exploratory interviews is to build relationships with family members as well as
gathering information for treatment planning.
ask the family what is wanted. A family will likely tell you, either directly or through
implication.
involve the family from the beginning and consistently throughout. Questions such as
Awhat do you think?@ or Ahow do you feel?@ convey your interest in their involvement.
contact other collateral parties, such as teachers, counselors, physicians, other service
providers, etc. who have information to share that is relevant to family assessment and
treatment planning, as indicated. This may be done within the context of a multi
disciplinary treatment team.
document the dates and pertinent content of these contacts, as related to the family
assessment focus, using the family assessment contact screens within FACTS.
analyze and document those behaviors, feelings, attitudes, perceptions or conditions
which must change in order for risk to be reduced.
4.7 Risk Reduction
In considering what must change in order to reduce risk, the worker must consider the
following areas:
how the children function on a daily basis, including pervasive behaviors, feelings,
intellect, physical capacity and temperament; this must include consideration of
capacity and temperament; consideration of capacity for attachment, general
temperament, expressions of emotions/feelings, typical behaviors, presence and level
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of peer relationships, school performance and behaviors, known mental disorders
(organic/inorganic), issues of independence/dependence, motor skills and physical
capacity.
the disciplinary approaches used by the parent, including the typical context; this must
include consideration of when, how, where and for what reasons/purpose discipline
might occur.
the overall, typical, pervasive parenting practices used by the parent; this must include
consideration of perception of children, reasons for being a parent, feelings about
being a parent, knowledge and general skill, basic care, decision making about
parenting, parenting style, history of parental behavior and success, sensitivity and
understanding toward children, empathy and expectations.
daily mental health functioning and substance use by the parent; this must include
consideration of reality perception, self-concept, coherence, rationality, self/emotional
control, any impairment that is associated with mental health or substance use, self-
concept and esteem, self-care and self-preservation.
general adult functioning in respect to daily life management and adaptation; his must
include consideration of communication, coping, stress management, impulse control,
problem solving, judgment, decision making, independence, money and home
management, employment, social relationships, citizenship, and community
involvement.
adult=s history from infancy to 18 years; this must include consideration of the
historical experience from the standpoint of satisfaction, needs being met, stability,
security, role models and significant others, permanency, growth, nurturance and
health.
family functioning, communication and interaction; this must include consideration of
how the family is structured, the clarity of roles and boundaries, who is in charge, how
family decisions are reached, the level and type of communication used, the presence
and use of affection, marital issues, presence/absence of family violence and the
general feelings/climate within the family and relationship to the community,
demographics such as family composition, education, employment, housing, income
and health matters.
the quality of supportive relationships (formal and informal) outside the home; this
must include consideration of friends, neighbors, relatives (including
separated/divorced parents), organizations, institutions, agencies, professionals, clubs,
groups and how any of these serve as a supportive network in terms of how used,
current capacity, previous use, dependability, access/availability and responsiveness.
When considering major conditions which must change, the worker should use the following
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evaluative questions to frame their thinking:
how important is the condition in the life of the child and/or as part of the field?
how intensely does the condition operate within the field and in the life of the child?
is the condition present or affecting every aspect of the field and/or the child=s life?
is the condition operating constantly?
how long has this condition been in operation?
what are the consequences of the condition, generally in the family and to the child?
what is the perception of the parents concerning the condition and its effects on the
child?
4.8 Analysis
In completing the analysis section of the family assessment, the worker will:
interpret why the major conditions are present in the family. Where do the identified
behaviors, feelings, attitudes, perceptions seem to originate? What causes them?
This will include consideration of issues of development and history and present cause
and effect relationships.
judge what seems to be the purpose of the identified behaviors, emotions, attitudes
and perceptions. What is the parent or child trying to accomplish by their behavior,
emotion, attitude, perception?
interpret the subjective meaning of the identified behaviors, emotions, attitudes and
perceptions. This is concerned with how the family views and understands their life
situation. How do they experience the areas which are problematic?
interpret the consequences of the identified behaviors, emotions, attitudes and
perceptions. This is concerned with the potential results of the current situation to the
family and its members.
narrow the analysis to the core conditions or the essence of what must change. These
are the conditions which are most critical in creating risk and these conditions must
change in order to close the case.
match these core conditions to outcomes which are positive results or change in a
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client/family which, when achieved, reduce risk of maltreatment.
4.9 Treatment Planning
The treatment process in CPS should be purposeful and planned. Treatment planning
assures purposeful, logical treatment and intervention. Treatment planning is a deliberate,
reasonable, mutually agreed upon strategy to reduce the risk and the contributing influences
which required CPS intervention. It involves planned action to support a family and its
members toward a desired and prescribed outcome. The outcome, if achieved, will reduce
the risk which required CPS intervention. The likelihood of achieving outcomes is directly
related to the appropriateness of treatment planning. The most difficult and most critical
aspect of treatment planning is agreement, and second is goal setting. Treatment plans must
be client plans, rather than worker plans. Plans will not work if clients are not invested in
them. Clients must be involved if change is to occur.
4.10 Purposes
The primary purposes of treatment planning are:
to provide accountability for the worker, to the family and the agency.
to provide structure for the worker and the family to follow.
to serve as the framework for decision making.
to provide, along with the family assessment, a benchmark for measuring client
progress.
to provide a format for communication with the family.
to assure a professional approach to helping.
4.11 Decisions
The decisions that must be made during treatment planning are:
is the plan realistic, specific, creative and measurable?
does the plan take into account client capacity and willingness?
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is the plan founded on information from family assessment?
is the plan centered on risk issues?
does the plan consider family change and progress?
does the plan deliver the biggest, best and quickest payoff for the family?
4.12 Structure
Risk management treatment planning is structured by five specific components:
Outcomes: positive results which, when achieved, reduce risk of maltreatment.
Outcomes are related to core risk conditions identified in the family.
Goals: behaviorally stated actions that clients will accomplish which will move them
toward their individual outcomes.
Measures: measurement of goal achievement (how you will know that goals are
achieved).
Services: those actions which are implemented by the CPS agency or other agencies
which will assist clients in accomplishing specific goals.
Time Frame: indicates how often and for how long services will be provided, when
goals are to be reached, and when review of progress is to occur.
4.13 Outcomes Selection
When selecting outcomes, the worker must choose from the following:
self-sufficiency- self sufficiency outcomes are behavioral and emotional indicators
which demonstrate evidence of improved self-esteem, confidence, autonomy,
independence, coping, self-control and motivation.
communication skills- communication skills outcomes are skills which demonstrate
improved capacity to effectively express and receive feelings, perceptions, ideas and
opinions.
parenting knowledge and skill- parenting outcomes are evident through behavioral
and cognitive indicators which demonstrate understanding of child development and
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parenting responsibilities. These include observable parent-child interactions which
meet minimal standards.
problem solving skills- problem solving outcomes are evident through behavioral and
cognitive indicators which give evidence of perception, acknowledgment, examination
and understanding of problems, and observable, acceptable solutions to problems.
developmental/role achievement- developmental outcomes are demonstrated
through behavioral, cognitive, and emotional indicators of successful role performance,
and achievement of developmental tasks.
4.14 Dimensions
Within each outcome, the worker must select dimensions or single aspects which apply to the
individual or family. The dimensions for each outcome which the worker must use are listed
below:
Self sufficiency
self-care
independence
defends self
sociability
coping
self-esteem
self-control
communication skills
verbal expression
listening
verbal responses
intent of communication
empathy
ability to verbalize affection
recognition/acceptance of affection
giving affection
parenting knowledge/skill
knowledge
expectations of children
sensitivity to children
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emotional control
discipline
provides basic necessities
perception/attitude toward children
problem solving
problem acceptance
capacity for solving problems
approach to solving problems
other basic services
developmental/role achievement
knowledge
activities
tasks
maturity
4.15 Family Assessment-Finalization
In finalizing the family assessment, the worker must:
judge convergence or the level of agreement that exists between the worker and the
family related to what must change.
In judging convergence, the worker must consider the following:
the parent=s perception of major conditions that must change.
the worker/parent level of agreement that must change.
the quality of worker/parent rapport.
the potential for worker/family collaboration.
When completing the goal statement, the worker will:
identify for whom the goal is designed.
identify Aby when@ the goal will be achieved, which is when the behavior is expected
to be habitual.
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If little or no acceptance by the client of the plan exists, the worker will implement the plan by
beginning with the outcome A problem solving@ and the dimension Aproblem acceptance@.
4.16 Measures
When identifying Ameasures@ the worker will:
identify measures that relate to the person or family for whom the goal is developed,
individualizing the measures which will be applied to judge goal achievement.
select measures based upon minimal standards of achievement.
4.17 Services
When identifying services, the worker will:
describe what service is to be used to facilitate goal achievement.
provide a description of what that service is to do in relation to the goal.
identify Aby whom@ the service will be delivered, the name of the provider, individual
and/or agency name.
identify the frequency of services to be provided.
identify the Abeginning date@ which is when a particular service will begin.
identify the Aending date@ which is when the worker expects a particular service to be
concluded.
If, at the time of the development of the comprehensive treatment plan the worker does not
know which provider will address goals which will be worked on beyond the immediate 3
month period ahead, the worker will leave these blank and return to complete them when they
are known.
The worker must also:
assess the barriers to effective treatment intervention. Emphasis should be placed
upon those areas where the problems present in the family may cause difficulty with
treatment (e.g. chronicity, complexity, severity). This should also include assessment
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and documentation of the availability of resources and the capacity of providers to
respond to the family. Some individuals may not be able to benefit from some services
due to certain conditions that may be present. An example is that a person with
cognitive disabilities and/or other developmental disabilities may not be able to benefit
from a traditional parenting education course, but may be able to benefit from a
different style of parenting education which is more individualized to their needs.
Helping CPS families must be based on the specific risk influences studied during the family
assessment. Since the underlying causes of risk are different for every family, services
selected must be based upon the individual needs of the family. All risk reduction treatment
is directed toward one or more of the following outcomes: self-sufficiency, communication
skills, parenting knowledge and skill, problem solving skills, and developmental/role
achievement.
Specific service alternatives for families and parents are identified as follows:
Individual counseling should be considered for those who have internalized feelings
about self, who have poor feelings of self as related to others and withdrawn
individuals who have no close relationships.
Group counseling should be considered for individuals with chronic difficulties in
social relationships, people who have had poor parenting or inadequate socialization,
persons who may benefit from confrontation, and people with problems in common.
Marital/family counseling should be considered for families who want to improve
their roles, communication, and relationships and when an individual family member=s
behavior disrupts the equilibrium of the family system.
Psychiatric intervention should be considered when the client is severely depressed
and/or has mental disorders.
Environmental restructuring or life situation services should be considered when
specific problems are apparent. Examples of services are:
Public health and other health services- provide families with medical
services, assistance with child care, and assistance in effective child rearing.
Substance abuse treatment- provide individuals with medical care, addiction
treatment, and support services.
Employment counseling and training- provide opportunities for building
employment skills and for finding employment consistent with a person=s interest
and capacity.
Financial counseling and assistance- provide people with resources to meet
basic needs and develop skills in household budgeting and financial management.
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Temporary shelter and housing assistance- provide families with temporary
shelter and with assistance to locate and maintain adequate housing.
Transportation- provide people with transportation and concrete assistance to
aid use of other community resources.
Legal services- provide concrete legal assistance to address a variety of legal
problems. e.g., divorce, housing evictions, financial matters, etc.
Educational activities should be considered when a person lacks basic education
and life skills or has a desire to develop career opportunities and is cognitively capable
of benefiting from services.
Lay therapy (self-help groups, mentoring, etc.) should be considered when a
person is socially isolated, in need of a non-threatening social experience, and/or is in
need of instruction regarding role performance.
Day care or day treatment should be considered when people need relief from child
care as a form of treatment or because of employment responsibilities, or can benefit
from observing and participating in the child care experience.
Home management services should be considered when people have deficient
home management or parenting skills and may be able to learn by example or are
socially isolated.
Parenting education programs should be considered when parents have
inappropriate parental expectations of the child, an inability to be empathically aware
of the child=s needs, a strong belief in the value of physical punishment, have had
difficulty assuming the Arole@ of parent, and/or have other deficits in parental attitudes
and skills. Parent education programs can be either group-based or home-based, and
are designed to provide assistance and information regarding, bonding and
attachment, empathy, self-awareness, child development, discipline, recognizing and
communicating feelings, and unconditional love, honesty, and respect.
Specific service alternatives for children are identified as follows:
West Virginia Birth to Three should be considered for all children under the age of
three who have been identified as experiencing or at risk of developing substantial
developmental delays or atypical development patterns; or have been determined to
fall under an at-risk category as defined by Part C of the Individuals with Disabilities
Education Act. (For specific criteria, see the West Virginia Birth to Three website at
http://www.wvdhhr.org/birth23/).
Early childhood programs should be considered when children at risk could benefit
from time away from a stressful home situation, needed structure, limit setting, and
stimulation, and opportunity to interact with adults and children who serve as models
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for appropriate action, and an alternative to foster care when continual presence in the
home places the child at risk and jeopardizes the child=s safety.
Therapeutic day care programs should be considered for children who suffer
developmental delays and/or psychological problems and can provide educational and
developmental stimulation and safe environments where they can test their feelings,
experience nurturing, and develop trust in others.
Special education programs should be considered for children who are physically or
emotionally disabled and can provide educational programs designed to meet
individualized needs.
Play therapy should be considered for young children who need a safe environment
where they can learn to express and resolve feelings, conflicts, and fears through play.
Individual counseling should be considered for children who can express themselves
verbally and can provide attention and support to meet their needs, deal with their
fears, resolve conflicts, and promote self-esteem.
Group counseling should be considered for children and adolescents who need
support and experiences which assist with socialization and development of self-
awareness, and sensitivity to others.
Art therapy should be considered for children who need supportive environments to
release feelings and conflicts. Art therapy is useful and helpful as a diagnostic and
therapeutic tool.
Supportive services should be considered for children who may benefit from
recreational and socialization activities which can be healing for maltreated children.
Such services include outings with social workers, mentors, Girl/Boy Scouts, 4-H
Clubs, after school programs, church activities, etc.
The above listed alternative services are not intended to be an exhaustive list---other
alternatives may be available in local communities. Services listed are not available in all
local communities. Community Services Districts are expected to work through the Multi
Disciplinary Oversight Team, the Family Resource Networks, the Community Collaboratives
and the Regional Summits to enhance the availability and accessibility of necessary services
in the community.
4.18 Treatment Plan
In developing a treatment plan, the worker will:
develop the plan based upon outcomes and dimensions identified in the family
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assessment.
develop a comprehensive treatment plan which represents what the worker and the
family agree is required for the life of the case.
identify specific measures which can be applied to measure accomplishment of the
dimensions and therefore, the outcomes.
prioritize, with the family and providers, what will be worked on, when and for how long.
establish the length of service expected in the case and identify the estimated date for
closure. This is an estimation of the date that the worker and the family expect that all
goals will be achieved, that minimal standards associated with change will have been
attained and that the plan will be fully completed.
identify when the plan is to be initiated, which is the date that the family members and
providers will actually commence activity (e.g., counseling, training, skill development,
etc.)
consider and document family members= acceptance of the plan. This should include
consideration and description of how family members participated.
consider and document agreement or disagreement with the plan, levels of motivation
and potential or actual resistance.
complete specific goals for every dimension identified in the family assessment. This
will include identification of the person for whom the goal is established, the measures
which are used to evaluate goal achievement and identification of services.
In completing the treatment plan, the worker will also:
identify ACase Management Tasks@ which are the tasks the caseworker must carry
out in the next 90 days to facilitate the implementation of the treatment plan.
establish and document a Acase evaluation date@ which must not be more than 90
days from the date the treatment plan is initiated.
evaluate and document the sufficiency and need for any existing safety plan.
develop and document tasks or activities which are designed to help the family
member progress toward achieving a particular goal. These tasks or activities should
be very specific, behavioral assignments which a client and provider agree will be
helpful in facilitating change. These Amini service objectives@ are an informal part of
the treatment process and plan. They are typically short-term and operate within the
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service context on a week-to-week basis. Client tasks are established and monitored
during service provision sessions.
seek parent signatures on the treatment plan to signify agreement or disagreement
with the plan.
(Upon completion of the Family Assessment and Treatment Plan screens within FACTS, a
comprehensive treatment plan may be printed in hard copy form by going to the Reports icon
within FACTS and then clicking on Treatment Plan.)
4.19 Considering Potential for Change
Some people are more severely troubled than others, with more complex problems and more
traumatic histories. It is clear that some are less likely to benefit from services than others.
Because of the concern for permanency and well-being of the child in the long term, it is
imperative that when doing assessments and treatment planning, the potential for change is
considered.
A poor chance for change does not mean that you refuse to provide services or provide no
opportunity for change. However, the worker will consider the potential for change when
determining;
the service and the frequency of the service;
what is expected from the person;
the length of time allowed before revision of the treatment plan; and
the character of the treatment plan, e.g., the worker would not plan unsupervised
weekend visits for a child whose father is a fixated pedophile.
Some circumstances which present more challenging conditions for change include (this list is
not meant to be all inclusive);
severe mental or emotional disorders;
criminally insane;
sociopathic maltreaters;
serious and chronic substance abusers;
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sexual offenders;
sadistic maltreaters;
non-motivated, resistant maltreaters;
no sign of guilt or remorse.
4.20 Use of Other Service Providers
Applying a community based approach, through the use of other providers, strengthens the
capability of CPS. When using other service providers as part of the treatment plan, it is
important to establish clear expectations for the role of the provider. In order to specify
expectations with the provider, the worker will:
share the results of the family assessment, including an identification of core risk
conditions that are to be addressed by the provider.
identify the outcomes that the provider is to assist the client to achieve.
provide a copy of the treatment plan with the provider=s role identified.
explain the purpose of the referral, and expectations regarding the type, scope, and
extent of services needed;
indicate the number, regularity, and method of reports required, as well as reasons for
reports; and
make provisions for coordinating among providers and monitoring service provision
and risk reduction. The multi disciplinary treatment team may be used for this
purpose.
introduce the client to the provider and explain roles, if at all possible. Never assume
that everyone understands.
4.21 Revising/Eliminating Safety Plan
If a worker is revising or eliminating an existing safety plan at the initiation of the treatment
plan, the worker will:
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complete a AContinuing Safety Analysis@( the document is located within FACTS
/Safety Plan) and, as needed, a new Safety Plan to reflect the revised Safety Plan in
place at that point.
4.22 Completion of Family Assessment and Treatment Plan
To conclude the family assessment and treatment plan, the worker will:
complete the family assessment and treatment plan within 45 days of the date the
initial assessment and safety evaluation was completed.
transmit the case to the supervisor for review and approval.
The supervisor will:
review the family assessment and treatment plan for general thoroughness and
completeness.
review the protocol followed by the worker in completing the family assessment. If the
protocol was not followed, determine the reason.
review any revisions to an established safety plan at the initiation of the treatment plan
and assure that a safety plan is in place, if indicated.
review whether the family assessment reflects the worker=s understanding of
underlying need.
review the adequacy and the specific details of the treatment plan in terms of identified
outcomes, goals, measures- and services initiated.
review whether all indicated family members were involved in the family assessment
and development of the treatment plan.
review whether the multi disciplinary treatment team, if indicated, or other parties
relevant to the case were involved in the family assessment and development of the
treatment plan.
review whether there is evidence of relationship building by the worker with the family.
review whether information from other service providers was used in developing the
treatment plan.
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review whether clear expectations were established with service providers.
document supervisory consultation and approval within the appropriate screens within
FACTS.
If the family assessment and treatment plan is unsatisfactory for any reason, the supervisor
will:
meet with the worker to discuss the areas that need improvement.
provide or arrange for any assistance that the worker needs to make the requested
improvements.
assure that the improvements are made, prior to approving the family assessment and
treatment plan.
4.23 Contacts
In addition to documentation on the family assessment and treatment plan, the worker will
use the contact screens within FACTS for the following:
to document family assessment and treatment plan process, client participation and
agreement and worker level of effort.
to document new information which affects risk not identified in initial assessment.
to record changes in family situation and make-up.
To record information associated with provider agreements.
to document changes in safety situation or plan.
4.24 Case Management
Case management involves the regulation of help to CPS families. This includes monitoring
services to assure that they are relevant to the client, delivered in a useful way, and
appropriately used by the client. Case management monitors and continuously assesses risk
and safety. When providing case management services, the worker will;
assure that the casework process is followed.
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assure that acceptable CPS practices are observed.
assure that clients are involved in the casework process.
make regular contact with the client as indicated by the treatment plan, no less
frequently than once per month.
respond honestly and reasonably to client=s concerns and questions.
assure that the case management process controls compliance with time frames.
convene the multi disciplinary treatment team, as indicated. (See policy on multi
disciplinary teams)
communicate with all appropriate persons.
monitor and review the casework process.
document records and prepare necessary reports.
apply effective decision making strategies.
advocate on behalf of the client.
continuously assess risk and safety.
4.25 Family Assessment and Treatment Plan and Foster Care/Legal
Requirements
When a child is placed in foster care as a result of child abuse and neglect proceedings,
various federal and state legal requirements become mandatory to assure that the child is
safe, will have a permanent placement and that emotional, physical and educational needs
are being met. Whenever a child is placed in the legal custody of the DHHR, the worker will;
complete the initial assessment and safety evaluation, if not already completed, using
the initial assessment and safety evaluation protocol. Use the initial assessment and
safety evaluation screens within FACTS to document the information.
complete the family assessment and treatment plan, using the family assessment and
treatment planning protocol. Use the case plan screens within FACTS to document the
information.
complete the foster care placement activities using the Foster Care Policy for
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placement of children. Use the placement and case plan screens within FACTS to
document the information.
assemble the Child, Youth and Family Case Plan within 60 days of the child entering
foster care. The case plan is a DDE report (CPS-0601) and is assembled within
FACTS by going to the Reports icon, and clicking on the Child, Youth and Family Case
Plan. The case plan format includes all of the information necessary to fulfill state
requirements for the child=s case plan (49-6D-3), the family case plan (49-6-5) and
federal requirements for the IVB and I=VE foster care programs. FACTS will assemble
the Child, Youth and Family Case Plan by gathering information that has been
documented in the various screens within FACTS. The case plan will be in Word
Perfect text and may be modified as indicated throughout the life of the case. The
case plan can be printed in hard copy form whenever it is needed.
file the Child, Youth and Family Case Plan within FACTS in the file cabinet within 60
days of the child entering foster care. Whenever the case plan is modified and
revised, the new copy must be saved within FACTS in the file cabinet.
share the case plan with the multi disciplinary treatment team to guide their work in
planning for the child. The Case Plan will be formulated with the assistance of all
parties, counsel and the multi disciplinary treatment team.
submit the Child, Youth and Family Case Plan to the parties, their counsel, the CASA
representative and the Court at least 5 judicial days prior to the disposition hearing,
pursuant to 49-6D-5 and Rule 28 of the Rules of Procedure for Child Abuse and
Neglect proceedings. The Case Plan is submitted to the Court by filing it with the
Circuit Court Clerk. The Child=s Case Plan Cover Letter, a DDE report (CPS 0051)
will be utilized to submit the Case Plan to the appropriate entities.
submit the Child, Youth and Family Case Plan to the Court within 30 days of the entry
of an order granting a pre-adjudicatory improvement period, pursuant to 49-6D-3 and
Rule 23 of the Rules of Procedure for Child Abuse and Neglect proceedings. The
Case Plan will be submitted to the Court by filing it with the Circuit Court Clerk. The
Child=s Case Plan Cover Letter, a DDE report (CPS 0051) will be utilized to submit the
Case Plan to the appropriate entities.
(Please refer to the Section VII Foster Care Policy and the Legal Requirements and
Processes for CPS/Foster Care Policy for additional information on placement of children in
foster care, assessment and case planning.)
4.26 Open CPS Cases with Non-CPS Initiated Family Court Involvement
CPS workers often become involved with families that have a Family Court case pending for
custody, divorce or domestic violence reasons. Rule 47(e) of the West Virginia Rules of
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Practice and Procedure for Family Court allows information sharing to occur between CPS
and Family Court due to the importance of each entity knowing what the other is doing in
respect to the family. This rule allows a CPS worker to share information in a way that might
not normally be covered under confidentiality statutes and policies. Before CPS sends the
changes to Family Court, the worker should ascertain from the Family Court as to whether the
case is still open.
When CPS workers begin a relationship with a family, it is important that he or she learn the
specifics of any court cases. It is also very important that a Family Court Judge, who may be
making decisions of custody, know of any issues of child abuse and/or neglect that are
occurring. Although CPS has no duty to provide oversight for Family Court cases, the worker
has a duty to notify Family Court when a “Material Change of Circumstance” occurs. It is
important for staff to never assume that Family Court Judges have all of the information when
they make decisions involving a family. Unlike CPS, Family Court Judges must rely on the
testimony that is presented to them during court hearings. They do not have the opportunity to
question collaterals such as school personnel or neighbors.
A Material Change of Circumstance is a change in the case that, without the Family Court
Judge knowing, could threaten the safety and/or welfare of the child. This could include
letting the court know if a battering parent drops put of treatment or one of the parents begins
a relationship with a child sex offender. It should also include letting the court know if a
petition is filed by the CPS worker; if a case is closed or if a family moves out of the area.
DHHR staff decides when the court is notified about these changes.
The Family Court, conversely, has a duty to apprize CPS of when such cases are closed or
are pending. The court has special orders for use in notifying CPS when their cases are
pending or are closed.
CHILD PROTECTIVE SERVICES SECTION 5 Case Evaluation
Case evaluation is a continuing part of the casework process. The dynamic nature of CPS
cases necessitates ongoing evaluation. Case evaluation is the point at which you measure
observable results against stated goals, in relation to services. It is a specific activity
designed to assess risk reduction and the point at which the worker, along with the family and
multi disciplinary treatment, if applicable, steps away from the casework to see if things are
working. Case evaluation is a decision making point in the casework process. It is not simply
a time set for updating FACTS or summarizing contacts. The decision to close a case and
disengage CPS is reached during case evaluation.
Throughout the life of the case, the supervisor will:
conduct regular supervisor meetings with the worker to provide support, guidance and
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case consultation and to regulate the quality of casework practice.
5.2 Purposes
The primary purposes of case evaluation are:
to identify progress and risk reduction.
to provide feedback to the family and others involved in the case.
to determine the need for revision of the treatment plan.
to examine provider performance on the case.
to measure change in relation to original risk which warranted CPS intervention.
to determine that the child is no longer at risk.
to disengage CPS from family involvement.
5.3 Decisions
The decisions that must be made during case evaluation are:
is the treatment plan appropriate?
does anything need adjusting in the treatment plan?
are services being provided as planned?
is the client/family participating?
is progress being made toward goals or milestones within the treatment plan?
what is the current level of risk?
is client/family functioning changing?
is reunification possible?
does the safety plan need revision?
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is communication among various persons participating in the treatment plan up-to-
date?
is it time for a court report?
have client outcomes been achieved?
has risk been reduced sufficiently?
has the family situation stabilized?
do clients refuse CPS services and no legal grounds exist for intervention?
are changes that have occurred accompanied by client awareness and
understanding?
does the family need to be referred elsewhere?
can the family seek help?
5.4 Case Evaluation Protocol
Every 90 days from the initiation of the treatment plan until closure of the case, the worker
will:
obtain written or verbal input from treatment providers regarding progress on goals and
client involvement in services. (This may be done within the context of the multi
disciplinary treatment team.)
meet with the family (and multi disciplinary treatment team, if applicable) to formally
review the treatment plan and evaluate progress toward goal achievement.
review each goal which was scheduled to be worked on in the previous 90 day period,
in order to determine progress made.
discuss with the family and providers and document specific achievement of
outcomes.
evaluate and document the sufficiency and need for any existing safety plan.
document/provide a summary of case activity for the previous 90 day period.
consider and document any adjustments to goals and/or services. This must include
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the rationale for the revisions. If new goals are to be added to the plan, the worker
must add appropriate goals to the comprehensive treatment plan.
consider and document any treatment plan implementation issues.
prepare and transmit evaluation of progress
If a worker is revising or eliminating an existing safety plan at the initiation of the point of case
evaluation, the worker will:
complete the Continuing Safety Analysis and, as needed, a new Safety Plan to reflect
the revised Safety Plan in place at that point.
If the child is in foster care pursuant to child abuse and neglect proceedings, the worker will
also:
complete the Family Case Plan Evaluation of Progress (CPS-0014) if the family has
been granted an improvement period or the Permanent Placement Review
Report(CPS-0049) if a disposition has been made. Both reports are DDE reports
within FACTS and can be assembled by going to the Reports icon and clicking on the
relevant report. The document will be printed into Word Perfect Text and then can be
modified and edited as indicated. A hard copy can be printed. The Evaluation and/or
Review must be completed with the assistance of the multi disciplinary treatment team.
submit the Family Case Plan Evaluation of Progress or the Permanent Placement
Review to all parties, their counsel, the multi disciplinary team, those persons requiring
notice and the Circuit Court. A copy will also be filed with the Circuit Clerk.
file a copy of the Family Case Plan Evaluation of Progress or the Permanent
Placement Review Report within FACTS in the file cabinet for the purpose of
documenting the compliance with the Court Rules.
(Please see Foster Care Policy and Legal Requirements and Processes: CPS and Foster
Care Policy and Rules 23, 37, 39 and 40 of the Rules of Procedure for Child Abuse and
Neglect Proceedings for more information.)
At the point of case evaluation, the worker must decide whether the case will continue to be
open or whether it will be closed. In making this decision the worker will:
consider the amount of progress made toward accomplishment of outcomes.
consider the current safety situation in the family.
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consider the original risk influences which warranted intervention in the family.
In completing the case evaluation, the worker will also:
identify ACase Management Tasks@ which are the tasks the worker must carry out in
the next 90 days to facilitate the implementation of the treatment plan.
establish and document a case evaluation date which must not be more than 90 days
from the date the treatment plan is initiated.
seek supervisory review, input and approval of case evaluation and decision to close
case or continue to serve.
The supervisor will:
review the case evaluation for thoroughness and completeness.
review the protocol followed by the worker in completing the case evaluation.
review whether all family members were involved in the case evaluation.
review whether effort has been made to build a relationship with the family.
review whether effort has been made to seek and use information from the multi
disciplinary team or other collaterals.
review whether the analysis of progress is adequate.
review whether there have been additional incidents of maltreatment.
assure that a continuing safety analysis is completed, if there are concerns about the
child=s safety.
review the decision to keep the case open or close the case in relation to achievement
of outcomes and progress toward goals.
review any revisions to an established safety plan at the point of the case evaluation
if progress has been minimal to none, assure that sufficient evaluation is given to the
surrounding issues and that adjustments to the treatment plan are made.
document supervisory consultation and approval within the appropriate screens within
FACTS.
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If the case evaluation is unsatisfactory for any reason, the supervisor will:
meet with the worker to discuss areas that need improvement.
provide or arrange for any assistance that the worker needs to make the requested
improvements.
assure that the improvements are made, prior to approving the case evaluation.
5.5 Contacts
In addition to documentation on the Case Evaluation, the worker will use the contact screens
for the following:
to record meetings with family and/or providers.
to document changes in safety plan or circumstances.
5.6 Risk Assessment and Reunification
CPS staff often reach the point in casework at which a decision must be made concerning
returning a child home. Reunification is one of many decisions that must be made as a part
of the CPS helping process. Reunification decisions must be made in the context of risk
assessment, safety evaluation, treatment planning, and service provision. The issue of
reunification is relevant at the point at which the treatment plan is being set. At that point,
probability estimating allows for some projection, based on the comprehensive treatment
plan, regarding when the child may be ready to return home. These predictions are based
upon an expectation that the risk which required removal will be under control. Therefore, at
the time the plan is set in place, specific progress and milestones related to risk reduction are
determined as necessary to accommodate reunification.
As part of the reunification decision, the worker, with the assistance of the multi disciplinary
treatment team, will consider and evaluate the following, in addition to the case evaluation,
prior to recommending that the child be returned home:
what were the original risk influences that were identified?
what were the original safety influences that were identified?
what were the conclusions that led to the removal of the child?
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what were the original specific client conditions which needed to be addressed to
control safety?
what effect did removing the child have on the family?
have other influences emerged which would affect the risk of maltreatment and safety
of the child?
what has been the effect of intervention?
does the case evaluation indicate sufficient change and progress?
how much progress has been made on specific goals which relate to safety?
will a safety plan be required if the child is returned home?
what family life-lines should be established if the child is returned home e.g. home
visits, extended family, neighbors?
what family supports will be necessary if the child is returned home?
where is regression to old patterns most likely?
how might the child=s return precipitate the appearance of old patterns?
can the parent and child be prepared for potential flare-up of old patterns?
how has the child adapted/changed during placement?
(The above list is not intended to be an exhaustive list of issues which must be considered
prior to reunification.)
If the worker believes that the child would continue to be unsafe in the home and that the
foreseeable dangers can not be controlled, the worker must recommend to the Court and to
the multi disciplinary treatment team, that the child not be returned home. If the worker=s
recommendation is contrary to the multi disciplinary treatment team, whether it is to return
home or not, the worker should prepare a letter to the Circuit Court stating the
recommendation from DHHR and the reasons for the recommendation and submit it to the
Court along with the Family Case Plan Evaluation of Progress or the Permanent Placement
Review Report.
5.7 Final Risk Assessment and Case Closure
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The decision to close a case emerges from a case evaluation which indicates sufficient
change and client outcome achievement verifying necessary risk reduction. During the
completion of case evaluation, the worker will observe indicators for closure and levels of
client/family achievement which will help decide whether to terminate the casework process.
This evaluation should include a consideration of the original family assessment statement
which explained what outcome behavior must be attained. In fact, case closure is not a
decision point in the CPS process. Since that decision is reached during case evaluation,
case closure becomes a casework activity of documentation, communication, and
disengagement. Justification for closure, resulting from case evaluation, is related to
examination of client outcomes, indicators and levels of achievement. Outcomes for parents
and children will be used as a baseline against which to determine if progress has occurred
and the case can be closed.
In completing the Final Risk Assessment and Closure, the worker will consider and evaluate
the following seven elements based upon current information:
the extent of any current maltreatment (within the last 90 days).
the surrounding circumstances that accompany the maltreatment.
how the children function on a daily basis, including pervasive behaviors, feelings,
intellect, physical capacity and temperament; this must include consideration of
capacity for attachment, general temperament, expressions of emotions/feelings,
typical behaviors, presence and level of peer relationships, school performance and
behaviors, known mental disorders, issues of independence/dependence, motor skill
and physical capacity.
the disciplinary approaches used by the parent, including the typical context; this must
include consideration of when, how, where and for what reasons/purpose discipline
might occur.
the overall, typical, pervasive parenting practices used by the parent; this must include
consideration of perception of children, reasons for being a parent, feelings about
being a parent, knowledge and general skill, basic care, decision making about
parenting, parenting style, history of parental behavior and success, sensitivity and
understanding toward children, empathy and expectations.
daily mental health functioning and substance use by the parent; this must include
consideration of reality perception, self-concept, coherence, rationality, self-emotional
control, any impairment that is associated with mental health or substance use, self-
concept and esteem, self-care and self-preservation.
general adult functioning in respect to daily life management and adaptation; this must
include consideration of communication, coping, stress management, impulse control,
problem solving, judgment, decision making, independence, money and home
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management, employment, social relationships, citizenship, and community
involvement.
The worker will also identify the presence or absence of the following foreseeable dangers:
one or both parents intend(ed) to hurt child and do not show remorse; Aintended@
suggests that before or during the time the child was mistreated, the parents=
conscious purpose was to hurt the child. This should be distinguished from an
instance in which the parent meant to discipline or punish the child and the child was
hurt. (A foreseeable danger)
parents= whereabouts are unknown: the whereabouts of parents or adult caretakers of
the child are unknown. (A foreseeable danger)
living arrangements seriously endanger the physical health of the child; refers to
conditions in the home which may be life threatening or seriously endanger the
physical health of the child, as in the situation where people discharge firearms without
regard to who might be harmed or where the lack of hygiene is so serious as to cause
or potentially cause serious illness. To meet the safety influence, home conditions
must be immediately threatening. (A foreseeable danger)
both parents cannot/do not explain injuries and/or conditions; parents are unable or
unwilling to provide an explanation regarding the maltreating conditions or injuries
which is consistent with the facts.
maltreating parent exhibits no remorse or guilt; the maltreating parent demonstrates no
evidence of remorse or guilt for his/her actions. (B foreseeable danger)
child shows effects of maltreatment, such as serious emotional symptoms and lack of
behavioral control; serious suggests that the child=s condition has immediate
implications for intervention, such as extreme emotional vulnerability and suicide
prevention. Lack of behavioral control describes the provocative child who stimulates
reactions in others. (B foreseeable danger)
child is fearful of home situation; Afearful@ includes specific family members and/or
other conditions in the family such as the frequent presence of known drug users in the
household. (B foreseeable danger)
child is 0 through 6 years old and/or cannot protect self; this applies to all children 0
through 6 years old; if the child is 7 years of age or older and information confirms that
the child cannot protect him or herself (level of vulnerability ), then this influence
applies. (B foreseeable danger)
child shows effects of maltreatment such as serious physical symptoms; ASerious@
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suggests that the child=s condition has immediate implications for intervention, such
as the need for medical attention or extreme physical vulnerability. (B foreseeable
danger)
one or both parents cannot control behavior and/or are violent; this includes
aggressive behavior and emotion as well as serious depression and chemical
dependency which result in the inability to control behavior and emotion. (A
foreseeable danger)
one or both parents have failed to benefit from previous professional help; this
suggests that a record of the experience exists and is known and that the help was
related to problems which are pertinent to risk and safety. (B foreseeable danger)
there is some indication parents will flee; the family will likely hide the child by
changing residences, leaving the jurisdiction, or refusing access to the child and the
consequences for the child may be severe and immediate. (A foreseeable danger)
one or both parents overtly reject intervention; this refers to a situation where the
parent or parents refuse to see the worker and/or to let the worker see their child. (B
foreseeable danger)
child has exceptional needs which parents cannot/will not meet; Aexceptional@ refers
specifically to child conditions which are either organic or naturally induced ( as
opposed to parental) such as developmental delays, blindness, physical handicap, etc.
(A foreseeable danger)
no adult in the home will perform parental duties and responsibilities; this refers only to
adults (not children) in a caretaking role. Duties and responsibilities should be
considered at a basic level consistent with the safety criteria of immediacy,
controllability, and severity/vulnerability as in food, clothing, shelter, and level of
supervision. (A foreseeable danger)
one or both parents fear they will maltreat child and/or request placement; this is for
those situations in which the parents express fear they will maltreat their child or they
request placement, which suggests that a child may not be safe. (A foreseeable
danger)
one or both parents lack knowledge, skill, motivation in parenting which affects the
child=s safety; parenting qualities of a basic nature apply. The judgment is based on
parents= lacking basic knowledge or skill which prevents them from meeting the
child=s basic needs. The lack of motivation results in parents abdicating their role to
meet basic needs or failing to adequately perform the parent role which would meet
the child=s basic needs. The inability/unwillingness to meet basic needs creates a
safety concern for the child. (A foreseeable danger)
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child is perceived in extremely negative terms by one or both of the parents;
Aextremely@ is meant to suggest a perception which is so negative, it would if present,
create a safety concern for the child(ren) such as the parent who sees their child as
possessed by the devil or the parent who sees their child acting in ways solely to
cause the parent pain and suffering or the parent who perceives their child as being
out to get them. (A foreseeable danger)
child is seen by either parent as responsible for the parents= problems; child is blamed
by the parents (adult caretakers) as causing their problems and this attitude will likely
result in a safety concern for the child. (B foreseeable danger)
parents do not have resources to meet basic needs; Abasic needs@ refers to the
family=s lack of even minimal resources to provide shelter, food, and clothing or the
lack of capacity to use resources if they were available. (A foreseeable danger)
When the elements are completed and the foreseeable dangers have been considered and
identified, the worker will transmit the case to the supervisor.
The supervisor will:
weigh the information recorded by the worker in the seven elements.
review any identified foreseeable dangers.
When weighing information to complete the final risk assessment, the supervisor will:
use the anchor criteria as a reference to match the specific information about the
family.
choose the anchor number which most closely reflects the information about the
family.
choose a .5 rating if the family information gathered matches the anchor criteria for two
numbers (e.g. 1 and 2, worker chooses 1.5)
choose an anchor by reading from the higher end of the scale and working down to the
lower end.
In determining the level of risk for a family, the supervisor will:
calculate the final risk score by adding the ratings for each of the seven elements.
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use the highest rating for any one element which has more than one rating.
If foreseeable dangers are present and closure is recommended, the supervisor must clearly
document specific circumstances which justify closure in spite of presence of foreseeable
dangers.
The supervisor will also:
identify supervisory/worker actions which are required to accomplish closure.
Upon completion of the final risk assessment, the supervisor will:
transmit the case to the worker for final documentation and closure processing.
To conclude the closure process, the worker will:
indicate reasons for closure.
complete the closure summary. This must include a description of the process of
closure with the client, documentation of the achievement of outcomes and each
family member=s level of understanding of each identified outcome.
In choosing a reason for closure, the worker must choose from the following reasons:
outcomes achieved through successful plans--this is evidenced by outcome
achievement as indicated through the case evaluations and documented risk
reduction.
acceptable risk reduction--this criteria is evidenced by a significant reduction in the
contribution of critical influences to the risk of the children. The measure of acceptable
risk reduction is the Final Risk Assessment.
refuse services and no legal grounds exist--this criteria refers to situations when the
family does not want agency intervention yet no legal grounds exist to require
intervention.
current problems not of CPS nature--this criteria refers to situations where
children/families may be in need of help, but the need does not indicate the child is at
risk of maltreatment. In these situations, appropriate referrals should be made on the
family=s behalf and the CPS case should be closed.
clients gone/deceased--this criteria refers primarily to situations where families have
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left the jurisdiction and moved to another. In this situation, the CPS case is closed and
referral is made to the jurisdiction where the family has moved, if known.
family situation changed without CPS intervention--this criteria refers to situations
where the presence of risk has been reduced through a change within the family that
occurred without CPS intervention.
5.8 Contacts
In addition to documentation on the final risk assessment, the worker will use the contact
screens within FACTS for the following:
to record meetings with family and/or providers.
to identify casework activity including information/referral.
to document client participation and response.
to document conferences with supervisor relating to closure.
CHILD PROTECTIVE SERVICES SECTION VI (General
Information)
6.1 Appeals and Grievances
At any time that the DHHR is involved with a client, the client (adult or child), or the counsel
for the client has a right to express a concern about the manner in which they are treated,
including the services they are or are not permitted to receive.
Whenever a parent, child, or counsel for the parent or child has a complaint about CPS or
expresses dissatisfaction with CPS, the worker will:
explain to the client the reason for the action taken or the position of the DHHR which
may have resulted in the dissatisfaction of the client.
if the situation cannot be resolved, explain to the client his/her right to a meeting with
the supervisor.
assist in arranging for a meeting with the supervisor.
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The supervisor will:
review all reports, records and documentation relevant to the situation.
determine whether all actions taken were within the boundaries of the law, policy and
guidelines for practice.
meet with the client.
consult with the Community Services Manager and Regional Program Manager or
designee. If an agreement is made for revision to the case record, the supervisor will
complete the “Override Request Form”. The form must be signed by both the
Community Services Manager and the Regional Program Manager or designee, then
submitted to the FACTS Help Desk.
if the problem can not be resolved, or the client does not wish to attempt resolution,
provide the client with the form, AClient and Provider Grievance Hearing Request@,
SS-28.
assist the client with completing the SS-28, if requested.
the supervisor completes the “Hearing/Grievance Record Information” form IG-BR-29.
Submit both forms immediately to the Chairman, State Board of Review, DHHR,
Building 3, Capitol Complex, Charleston, WV 25305.
Preparing for the Grievance Hearing
It is the responsibility of the supervisor and worker to represent their findings during the
grievance hearing. The Hearings Officer, who is a DHHR employee, is not there to represent
the agency’s position. The hearing should be treated much the same way as a court hearing;
the worker will be defending him/herself and the actions taken during the casework process.
The difference is that the worker and supervisor will not have the benefit of a prosecuting
attorney to make the agency’s statements. Therefore, the worker and supervisor, who should
both be in attendance unless other arrangements are made, must be prepared with the
following:
copies for all parties (including grievant, grievant’s counsel and hearings officer) and
attending the hearing of all of the investigation materials, including the safety
assessments, initial assessment and contacts with the family subject to the
investigation.
copies for all parties (including grievant, grievant’s counsel and hearings
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officer)attending the hearing of any family assessments and/or treatment plans that
may be in question.
copies for all parties attending the hearing (including grievant, grievant’s counsel and
hearings officer) of applicable state laws and CPS policies that were used to make the
decisions during the investigation or casework process.
copies for all parties attending the hearing (including grievant, grievant’s counsel and
hearings officer)of the anchors that were used when determining the rating for the
maltreatment element.
(For more information on Grievance Procedures for Social Services, please see DHHR
Common Chapter Manual, Chapter 700, Appendix C.)
6.2 Confidentiality
The confidential nature of child abuse and neglect records is governed by Chapter 49-7-1 of
the Code of West Virginia. In general, the child welfare records of DHHR must be maintained
in a confidential manner. The information you have generated belongs to the client.
Therefore, they have the right to read their case record at any time in accordance with law
and policy. Information, judgments, and beliefs about clients should be shared with them in
an open and honest manner. All information should be handled in a respectful and
confidential manner. The information generated within DHHR pertaining to a child belongs to
the child, and therefore, the child, and specified others have the right to access to the record,
except for:
adoption records;
juvenile court records;
records disclosing the identity of a person making a complaint of child abuse or
neglect.
Records concerning a child or juvenile, except for those noted above, shall be made available
under the following circumstances;
to the child or the child=s parent or the attorney for the child or the child=s parent
when ever they choose to review the record;
with the written consent of the child or of someone authorized to act on behalf of the
child;
pursuant to an order of a court of record;
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to the child fatality review team;
to the Citizen Review Panel;
to multi disciplinary investigative and treatment teams;
to a grand jury, circuit court or family law master upon a finding that information in the
record is necessary for the determination of an issue before the grand jury, circuit court
or family court judge;
federal, state or local government entities, or any agent of such entities, including law
enforcement agencies and prosecuting attorneys, having a need for such information
in order to carry out its responsibilities under law to protect children from abuse and
neglect; and
in the event of a child fatality or near fatality due to child abuse and neglect,
information relating to such fatality or near fatality shall be made public by the
Department. Near fatality means any medical condition of the child which is certified
by the attending physician to be life-threatening. Any request for a public release of
information under this provision must be referred to the Commissioner of the Bureau
for Children and Families to determine what information may be released.
Note: non-custodial parents and maltreating parents have the right to information and records
concerning their child which includes information and records related to CPS, as long as
parental rights have not been terminated.
Note: the identity of a referent, or information which could lead to the identity of a referent, is
not to be released to anyone including law enforcement officials or the prosecuting attorney.
Whenever a request for the release of child welfare records is received, the worker will:
inform the supervisor of the request.
The supervisor will:
determine whether the release of information should be made available under the
provisions of 49-7-1. Consult with the regional attorney and/or prosecuting attorney, if
necessary.
determine exactly what information is being requested. Is it the entire record or a
specific piece of information?
make arrangements for the person requesting the information to come to the office at
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an appointed time, if possible.
review all information within FACTS and all written/paper records.
prepare the requested information that is contained in FACTS by printing the relevant
DDE reports from FACTS, such as the Initial Assessment and Safety Evaluation, the
Comprehensive Treatment Plan, etc.
prepare the requested information that is contained in paper records, if any exists.
assure that there is no information concerning the identity of the referent on any of the
documents.
allow the person to review the documents/information within the office at the appointed
time. If the person wants copies of the information, provide the copies as requested.
request assistance from the regional attorney and/or the prosecuting attorney at any
time there is uncertainty about whether or not to proceed with a request for release of
information.
6.3 Payment Guidelines
6.3.1 AGibson@ Payments
In the late 1970's a class action lawsuit was filed in federal court. One of the plaintiffs in that
lawsuit was named Gibson. The lawsuit was settled by a consent decree, an agreement
between the Department and the plaintiffs, in 1984. For simplicity=s sake the decree has
always been referred to as the Gibson Decree.
The essence of the lawsuit was the allegation that the Department did not explore alternatives
to the removal of children when there were allegations of child abuse and/or neglect. The
Department agreed in the consent decree to explore the provision of certain services as an
alternative to removal. The Department decided at a later date to also consider certain
services to facilitate the reunification of children with their family. Collectively, these services
have become known as Gibson services and the payments associated with them as Gibson
payments. With the adoption of the WV Child Protective Services System in 1992, the
process for safety evaluation and planning and the provision of Ain-home safety services@
replaced the AGibson Policy.@
As a result of the Gibson decree, the Department may purchase services for families in which;
their child is unsafe, and will be removed from the home if a particular service is not
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obtained, and
their child has been removed, but will be returned home if a particular service is
obtained.
The service that is to be purchased must be part of either a documented safety plan or a
documented permanent plan for reunification. AGibson@ payments are restricted only to
those Child Protective Services cases that will be opened for on-going services, or are
already opened for on-going services. No other services shall be approved as a AGibson@
type payment.
Prior to requesting that the Department pay for the purchase of a particular service, the Social
Worker shall assist the family to explore other alternatives for payments. Examples of other
resources that are expected to be contacted are, TANF, Medicaid, CHIP, food stamps, food
pantries, clothing closets, homeless shelters and services, emergency assistance, LIEAP, the
Salvation Army, community action agencies, local behavioral health centers, local health
departments, WIC, churches, and other community organizations and agencies. In addition,
the Department may have state level or regional contracts with certain agencies to provide the
services that are needed. For example, homeless services are available in multiple counties
funded by grants from the Department. If the service that is necessary is available in the
family=s county of residence through a grant-funded agency, that agency service must be
utilized in place of using a demand payment.
Medical services, including mental health services and prescription medications, that meet
the other AGibson@ requirement (prevention of placement or reunification) shall be paid for
by using the Special Medical Card. (See below) All other resources shall be contacted by the
social worker prior to requesting the use of a Special Medical Card. If the family has Medicaid
or another third party insurance, that form of payment must be utilized first. If the family does
not have a Medicaid card, but may be eligible for one, arrangements must be made for
application for Medicaid and/or CHIP. Local behavioral health centers must be contacted for
indigent mental health and substance abuse services. Only in the event that the local
behavioral health center can not or will not provide services, shall Special Medical Cards be
authorized for payment of mental health and substance abuse services. Similarly, the local
health department, low-income clinics, and hospitals must be contacted for indigent health-
related services, prior to using the Special Medical Card.
For CPS cases involving a child who is unsafe and will be removed from the home if a
particular service is not obtained or a child has been removed, but will be returned home if a
particular service is obtained, the worker will:
complete the safety plan or the child, youth and family case plan, including the
permanency plan.
refer family to appropriate providers to implement the safety plan, as indicated.
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seek and arrange for other needed safety services or reunification services, as
indicated, within the community.
determine whether there are other resources available to pay for safety services (those
outside of Home-Based Family Preservation) or reunification services or resources to
receive those services without charge or at limited costs and make arrangements to do
so.
complete the necessary information within FACTS to execute a demand payment.
The supervisor will:
assure that the case meets the eligibility criteria for AGibson@ services, e.g. must be
part of an in-home safety plan or reunification plan.
assure that all other resources for payment have been explored and utilized, as
indicated.
approve payment within FACTS.
6.3.2 Medical and Mental Examinations
Medical and/or mental examinations may be ordered by the Court in two situations
concerning child abuse and neglect proceedings;
Pursuant to Ch. 49-6-4(a), at any time during child abuse and neglect proceedings, the
court may order the child or other parties to be examined by a physician, psychologist
or psychiatrist, and may require testimony from such expert.
Pursuant to Ch. 49-6-4(b), any person who has authority to file a petition may also
request an order for a medical examination from a judge or juvenile referee to secure
evidence of child abuse or neglect.
The availability of Medicaid, CHIP, private insurance or other third party payment shall first be
explored, and utilized for payment for the examination. The services of the local behavioral
health center and local health department shall also be explored and utilized. If the child,
parent or custodian is indigent, and there are no other resources for payment for the
examination or evaluation, the cost of the examinations shall be paid by the Department.
The cost of the service shall be paid by using the Special Medical Card. The Department will
reimburse providers at Medicaid rates only.
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For cases involving an examination by a physician, psychologist or psychiatrist ordered by a
court, the worker will:
determine whether there are other resources available to pay for the examination, and
make arrangements, as necessary.
if no other resources are available, complete the necessary information within FACTS
to issue a Special Medical Card.
The supervisor will:
assure that the case meets the eligibility criteria for use of a Special Medical Card e.g.
a court has ordered an examination by a physician, psychologist or psychiatrist
assure that all other resources for payment have been explored and utilized, as
indicated.
approve the creation of a Special Medical Card within FACTS.
6.3.3 Photographs and X rays
Pursuant to Ch. 49-6A-4, any person required to report cases of children suspected of being
abused and neglected may take or cause to be taken, at public expense, photographs of the
areas of trauma visible on a child and, if medically indicated, cause to be performed
radiological examinations of the child.
If a child who is the subject of a child protective services investigation has been photographed
by a mandated reported, reimbursement for the cost of the film and film development may be
made by the Department, upon request. The reporter should provide the worker with the
receipts for the film and film development. The worker can then enter a demand payment to
reimburse for the cost. The payment type which shall be used is the court costs,
advertisement and related fees.
If a child who is the subject of a child protective services investigation has been x rayed or
was caused to be x rayed by a mandated reporter, reimbursement for the cost of the x rays
may be made if there are no other resources available for payment. The worker will approve
a Special Medical Card for the child for that service.
For cases involving photographs of a child who is the subject of a child protective services
investigation, the worker will:
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complete the necessary information in FACTS to execute a demand payment for the
cost of the film and film development.
The supervisor will:
assure that the case meets the eligibility criteria for payment, e.g. a child who is the
subject of a child protective services investigation was photographed by a mandated
reported.
approve the demand payment in FACTS.
For cases involving x rays of a child who is the subject of a child protective services
investigations, caused to be done by a mandated reporter, the worker will:
determine whether there are other resources available to pay for the x ray, and make
arrangements, as necessary.
if no other resources are available, complete the necessary information within FACTS
to create a Special Medical Card.
The supervisor will:
assure that the case meets the eligibility criteria for payment, e.g. a child who is the
subject of a child protective services investigation.
6.3.4 Expert and Fact Testimony
Some professionals may be subpoenaed to testify in a child abuse or neglect proceeding. If
the professional is being asked to testify as an Aexpert witness@, concerning a particular
illness, child abuse injury, mental health issue, etc., the witness may receive compensation
for expenses associated with their testimony through the Supreme Court of Appeals
Administrative Office. The person providing the testimony should inquire with the Circuit
Court for the necessary information about submitting claims for compensation.
Other professionals may be subpoenaed to testify concerning their own involvement in
evaluating or providing treatment or services to a child and/or family in a child abuse or
neglect proceeding. AFact witnesses@ may receive compensation for expenses associated
with their testimony through DHHR. The person providing the testimony should submit a copy
of their subpoena and their invoice to the Department of Health and Human Resources,
Bureau for Children and Families, Accounts Payable, 350 Capitol Street, Charleston, WV
25305. The rates of payments made will be according to those rates established by the
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legislature.
6.3.5 Special Medical Card (formerly known as zero recipient medical
card)
The Special Medical Card may be provided to eligible clients to obtain services from a
medical provider within a specified date range. CPS clients who may be eligible to obtain
medical services through authorization of the Special Medical Card include;
Children of families receiving child protective services
Used to cover medical needs for children with whom the Department is involved
through CPS and there is no other way to pay for this need, i.e., Medicaid, CHIP, or
other third party coverage. This only applies
to non-custody cases that are currently active and open for ongoing services.
Gibson (medical only)
Used for medical services for either a child or parent, that, if not provided, will
result in a child=s removal or prevent the return of a child in custody. All other
resources must first be explored before authorizing a Special Medical Card.
Please refer to the version notes in FACTS for information about issuing a Special Medical
Card.
CHILD PROTECTIVE SERVICES SECTION VII (Legal
Requirements and Processes)
Introduction and Overview
The legal requirements and processes applicable to Child Protective Services and Foster
Care for children who come into custody as a result of child abuse and/or neglect court
proceedings are based on a combination of requirements from a number of different sources.
These sources include but are not limited to: state statutes; the Rules of Procedure for Child
Abuse and Neglect Proceedings issued by the Supreme Court; the Consent Decree entered
into on the case of Gibson v. Ginsberg; the Multidisciplinary Team Protocol; the CPS decision
making model known as The West Virginia Child Protective Services System (WVCPSS);
and, case decisions made by the West Virginia Supreme Court.
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The sources cited above were developed at different times and may address the same
subject from slightly different perspectives. In some cases the different statutes, Court Rules
and Procedures may appear to be confusing, overlapping or difficult to follow. In order to
provide guidance, the requirements and accompanying procedures have been set out in the
following parts of this section. Some of these parts contain requirements which can be applied
at different points in the life of a case while others are applicable at a single point. It is the
responsibility of the worker and supervisor to insure that all applicable procedures are
followed.
7.1 Voluntary Placement of a Child in the Custody of the
Department
Statute
State statute, 49-2-16, permits the Department to accept the custody of a child from the
child’s parent or parents, guardian, custodian or relatives. The decision to accept custody is
discretionary on the part of the Department.
This statute also requires a review of all voluntary placements which will last for ninety (90)
days or longer.
Purpose
The purposes of this statute are to: empower the Department to accept the custody of a child
so that the Department can provide care for the child when the child’s caretakers are unable
to do so; and, provide for the oversight of these placements by the Circuit Court.
When to Accept Custody of a Child
The voluntary acceptance of custody of a child should be used when: the temporary
incapacity of a parent(s) or the problems of the parent(s) prevent them from caring for their
child for a specific period of time: or, the child requires specialized care which the child’s
parents are unable to provide. The voluntary acceptance of custody of a child can also be
used when a parent is considering relinquishment of their child.
Under no circumstances is it permissible to accept the voluntary custody of a child
when child abuse or child neglect is present.
Worker Conduct - Acceptance of Custody
When a parent requests that the Department voluntarily accept the custody of a child, the
worker will:
Determine the reasons for the request and discuss them with their supervisor.
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Voluntary custody can only be accepted with supervisor approval.
Review the voluntary placement agreement (SS-FC-4) with the parents, pointing out
the rights which the parents are transferring to the Department and the rights the
parents retain.
Review with the parents the responsibilities which they must exercise in regard to the
child while the child is in placement.
Obtain the parent(s) signature on three copies of the voluntary placement agreement.
Have all three copies notarized and give one copy to the parents and file two copies in
the case record, and
Make all appropriate entries and recordings in FACTS.
Worker Conduct--Petition for Review
When the worker determines that a voluntary placement will be in effect for 90 days or longer
then the worker will:
prepare a summary of the facts and items for inclusion in a petition;
prepare a child’s case plan for inclusion with the petition;
submit the summary and case plan to their supervisor for review and approval;
submit the approved summary and case plan to the Prosecuting Attorney and request
that a petition for review of the placement be filed with the Circuit Court; and,
attend the hearing to present a report on the placement and to answer any questions
about the case.
Worker Conduct--Preparation of the Summary and Child, Youth and Family Case Plan
The bulk of the information which will be presented to the court will be contained in the Child,
Youth and Family Case Plan. Reference should be made to that section for specific
instructions on the completion of that Plan.
The Summary should include a description of the reasons why the child came into care and a
description of the efforts made to resolve the barriers to the return of the child to his home.
In addition the summary should include a request that the Court address the issue of child
support (refer to the Section on Child Support) and that the Court make a finding on
reasonable efforts.
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Worker Conduct--Review and Signing of the Petition
Once the Prosecuting Attorney has prepared the petition, the worker will review it for accuracy
and completeness. If the information in the petition is accurate and addresses all applicable
items such as child support and reasonable efforts, then the worker will sign it and request
that it be filed with the court and served on all appropriate parties.
Worker Conduct - Return of Custody
When the voluntary placement agreement has expired, or at any time the parent requests a
return of custody, the worker will make the necessary arrangements to return the child to the
child’s parents.
If the agreement has expired and the parents are not prepared to care for the child, then they
must sign a new agreement in order for the Department to continue to care for the child. If the
new agreement will result in the child being in placement for 90 days or longer then the
worker must initiate the court review process. The worker should also inform the parent(s) of
the review process and describe how it will be implemented.
7.2 Reasonable Efforts
Statute
State statute requires that court orders issued after certain judicial proceedings have been
held must contain a finding on reasonable efforts. Those proceedings include: 49-6-3,
Temporary custody pending a hearing; 49-6-5, Dispositional hearing; and, 49-6-8, Foster care
review.
Definition
Reasonable effort is the term used to describe: those actions which are taken prior to the
placement of a child in substitute care in order to prevent or eliminate the need for removing
the child from the child’s home; and, those actions necessary to insure that the safety of the
child will be maintained if the child is returned home.
Purpose
The purposes of the actions which constitute reasonable efforts are: to insure that a child is
removed from the child’s home only when there is no other method for insuring the safety of
the child; and, to insure that a child is not returned home unless the safety of the child can be
assured.
Findings
As the result of its determination about reasonable efforts the Court should include one of
these findings as a part of the court order:
The court may determine that reasonable efforts were required and that the
Department made such efforts; or,
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The court may determine that reasonable efforts were required and that the
Department did not make such efforts; or,
The court may determine that the child was in imminent danger and that reasonable
efforts were not possible; or,
The court may determine that reasonable efforts were not required because of
aggravated circumstances or other situations as defined in WV Code 49-6-3(d);
Court Actions After a Finding on Reasonable Efforts
If the court determines that reasonable efforts were not required then the court should
proceed with the next steps in the judicial process.
If the court determines that reasonable efforts were required but not made, or not made
because of aggravated circumstances then one of the following should occur.
If the court determines as a part of the hearing requesting temporary custody that
reasonable efforts were required but not made then the court could refuse to grant the
request for custody or, the court could grant the request for temporary custody.
Even though the court may determine that reasonable efforts were required and the
Department did not make such efforts, the Court is not prohibited from transferring
custody to the Department. The Court is required to determine what actions are
necessary to insure the safety of the child and can proceed to transfer custody.
If the court finds at the Dispositional Hearing that reasonable efforts were not made
then the court could take that finding into consideration in determining what the
appropriate disposition for the continuing care of the child.
If the court finds as a part of the Dispositional hearing that reasonable efforts were not
required because of aggravated circumstances, then the Court must schedule a
Permanency Hearing within thirty days following the entry of the order so finding
If the court finds that reasonable efforts were not made as a part of a Foster Care
Review then the court should take that finding into consideration in deciding upon the
future care of the child.
7.3 Aggravated Circumstances and other situations where
reasonable efforts are not required
Statute
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Aggravated circumstances is the term used in state statute to define certain conditions which
nullify the need to make reasonable efforts to prevent removal of a child and to provide
reunification services once a child has been removed. This term is found in 49-6-3(d), 49-6-
5(a) and is referred to in 49-6-8(a) of the Code.
Purpose
The purpose of this statute is to define those conditions which are so harmful to children and
are such an indicator of parental inability to provide proper care that preservation of the family
is not required.
Definition
The Department is not required to make reasonable efforts to prevent the removal of a child
or to reunite the child with the child’s parent if the court determines the parent has subjected
the child to aggravated circumstances which include but are not limited to abandonment,
torture, chronic abuse and sexual abuse.
Other instances when reasonable efforts are not required are when the parent has:
Committed murder of the child’s other parent, another child of the parent, or any other
child residing in the same household or under the temporary or permanent custody of
the parent;
Committed voluntary manslaughter of the child’s other parent, another child of the
parent, or any other child residing in the same household or under the temporary or
permanent custody of the parent;
Attempted or conspired to commit such a murder or voluntary manslaughter or been
an accessory before or after the fact to either such crime; or,
Committed unlawful or malicious wounding that results in serious bodily injury to the
child, the child’s other parent, to another child of the parent, or any other child residing
in the same household or under the temporary or permanent custody of the parent; or,
the parental rights of the parent to a sibling have been terminated involuntarily.
Note: the definition of aggravated circumstances is not exhaustive. That is, a worker can
present to the court information about the acts of a parent other than those described above
and ask that the court consider these acts as aggravated circumstances.
Worker Actions
If at any time during the Child Protective Services process it is determined that a parent has
committed an act which meets the definition of an aggravated circumstance, the worker must
immediately assess the parent’s actions. Depending upon the conditions surrounding the
aggravated circumstance the worker must initiate one of the following actions.
If the family is a single parent family and the parent is the perpetrator of the
aggravated circumstance, the worker must petition for removal of all of the children
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and termination of parental rights.
If the family is a single parent family and the perpetrator is another person in the
home, the worker must assess the other parent’s role’s role in the aggravated
circumstance. If the parent failed to fulfill their parental responsibility to protect the
child (could not/ would not protect the child), the worker must petition for removal of all
the children and termination of parental rights.
In a two parent household, if both parents were perpetrators of an act defined as an
aggravated circumstance, the worker must petition for removal of all the children and
termination of both parents’ parental rights.
In a two parent household, if only one of the parents was the perpetrator in an act
defined as an aggravated circumstance, the worker must petition for the termination of
that parent’s parental rights. In addition, the worker must assess the other parent’s
involvement. If the other parent failed to fulfill their parental responsibility to protect the
child (could not/would not protect the child), the worker must petition for removal of all
children and termination of both parents’ parental rights.
7.4 Imminent Danger
Statute
Imminent danger to a child is defined in state statute. The definition is contained in 49-1-3(g)
of the Code of West Virginia.
Purpose
The purpose of this statute is to provide a clear definition of those situations which place
children at the greatest risk of serious harm.
In situations of imminent danger the safety of the child is in question and it may be necessary
to remove the child(ren) in order to protect them. Because of the need for immediate
protection, removal in situations of imminent danger is usually accomplished by the filing of a
petition requesting temporary custody pending a hearing.
Definition
Imminent danger to the physical well-being of a child means an emergency situation in which
the welfare or life of the child is threatened. Such an emergency situation exists when there is
reasonable cause to believe that any child in the home is or has been sexually abused or
sexually exploited or reasonable cause to believe that the following conditions threaten the
health or life of any child in the home.
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Non accidental trauma inflicted by a parent, guardian, custodian, sibling, babysitter or
other caretaker which can include intentionally inflicted major bodily damage such as
broken bones, major burns or lacerations or bodily beatings; or
A combination of physical and other signs indicating a pattern of abuse which may be
medically diagnosed as battered child syndrome; or
Nutritional deprivation ; or
Abandonment by the parents, guardian or custodian; or
Inadequate treatment of serious illness or disease; or
Substantial emotional injury inflicted by a parent, guardian or custodian; or
Sale or attempted sale of the child by the parent, guardian or custodian.
7.5 Emergency Custody
7.5.1 Taking Custody of a Child in Imminent Danger Without Prior
Judicial Authorization
Statute
State statute, 49-6-3 (c), authorizes Child Protective Services Workers to take a child into
custody absent a court order and to remove that child from his home in certain limited
circumstances. According to the statute:
the child must be in an emergency situation which constitutes imminent danger;
a worker must have personally witnessed that the child is in imminent danger; and,
the worker must have probable cause to believe that the child will suffer additional
child abuse or neglect or be removed from the county before a petition can be filed
and temporary custody can be ordered.
The department, under provisions of the Gibson Decree, agreed that whenever possible the
worker should receive prior approval from their supervisor before taking custody of the child.
Purpose
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The purpose of this statute is to provide a method for insuring the immediate protection of
those children who are at the greatest risk of serious harm.
Worker Conduct When Taking Custody Absent Prior Judicial Authorization
When a worker determines that a child is in imminent danger and requires immediate
protection, then the worker must take the following actions:
the worker should contact the prosecuting attorney to file a petition requesting
temporary custody if time permits;
if the worker has probable cause to believe that the child will suffer additional harm or
the parents will flee while a petition is being prepared then the worker may take the
child into custody;
in cases in which there is more than one child in the home the worker must determine
which of the children are in imminent danger and take custody of only those children
who are in this condition;
if the parents are present when the worker takes custody then the worker must inform
the parents that they can be present when the request for an order of ratification is
requested and the name of the person to whom the request will be made;
if the parents are not present then the worker must leave a note in the residence
describing the actions taken and the name of the person and place where the
ratification request will be made;
after taking custody of the child(ren) the worker must take the child(ren) immediately to
a circuit judge or juvenile referee in the county in which custody was taken, or if no
such judge or referee be available, before a circuit judge or juvenile referee of an
adjoining county, and request an order ratifying the emergency custody; Note:
although the statute permits ratification by either a juvenile referee or circuit judge,
whenever possible the worker should approach the circuit judge with the request for
an order of ratification.
if the request for an order ratifying emergency custody is not granted then the worker
must return the child to his caretakers; or,
if the emergency custody is granted then the worker will place the child in care.
Note: at the time an order of ratification is sought the worker can also request an order for a
medical examination for evidentiary purposes.
Time Limits on Worker Custody
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When a request for emergency custody is ratified, the worker can retain custody of the child
until the end of the next two judicial days unless a petition requesting temporary custody
pending a hearing has been filed and custody of the child has been transferred to the
department by court order.
7.5.2 Custody of a Child Taken by a Law Enforcement Officer
Statutes
State statute, 49-6-9, authorizes a law enforcement officer to take a child believed to be
abused or neglected into custody without a court order if: the child is abandoned; or the child
requires emergency medical treatment by a physician and the child’s parents, parent,
guardian or custodian refuses to permit such treatment or is unavailable to consent.
State statute, 49-2-16, allows the department, in its discretion, to accept custody of a child
from a law enforcement officer who has taken custody of a child in either of the circumstances
described above.
State statute, 49-6-9, contains explicit requirements for both law enforcement officers and
department staff when this section of the Code is used to provide protection for children.
Purpose
The purpose of these statutes is to authorize law enforcement officers to take certain actions
to protect children and to authorize the department to assist the officers in providing for the
care of these children.
Initial contact by a Child Protective Services Worker
A worker at any point in the Initial Assessment process may determine that a child is
abandoned or is in a condition requiring emergency medical treatment and the child’s parents
refuse to secure such treatment or are unable or unavailable to consent. In all such situations
the worker must take the actions necessary to protect the child. If the worker decides to
contact a law enforcement officer then the worker should do the following:
provide the law enforcement officer with a thorough description of the situation as the
worker understands it to be; and,
discuss the emergency provisions with the law enforcement officer as necessary
without requesting or directing the officer to take custody as that decision must be
made solely by the officer.
If the law enforcement officer takes custody of the child then the worker may, at his discretion,
accept custody of the child. If the worker accepts custody of the child then the worker must:
request a typed or legibly handwritten statement from the officer containing the
officer’s name, address and office telephone number as well as a the facts upon which
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the decision to take the child into protective custody was based, including the date,
time and place of the taking; and,
provide for the care of the child in accordance with the provisions in the Section titled
Worker Conduct--Abandonment.
Note: In order to assist law enforcement officers with the preparation of the necessary
information the worker can provide the officer with a copy of the SS-CPS-4, WEST VIRGINIA
DEPARTMENT OF HEALTH AND HUMAN RESOURCES LAW ENFORCEMENT OFFICERS
EMERGENCY PLACEMENT CONTRACT for his use. If it is not possible to obtain this form or
other similar written information at the time the worker accepts custody, the worker MUST
obtain this information as soon as possible and no later than the next day.
Worker Conduct--Abandonment
State statute, 49-6-9, prohibits the removal of an abandoned child from the child’s home until
all reasonable efforts to make inquiries and arrangements with neighbors, relatives and
friends have been exhausted, and the department has explored the possibility of placing a
worker in the home to care for the child until the parents return.
A. Reasonable Efforts to Make Inquiries
In order to demonstrate that a reasonable effort to make inquiries and arrangements the
worker will determine if the child and his family are known to the department. If the family is
known to the department then the worker will:
review the case record to determine whether there are names and addresses of any
persons known to have cared for the child;
if there are such persons then contact them to discuss their willingness to care for the
child;
if willing and able to meet the needs of the child, place the child with one of these
persons;
develop a plan to provide supervision until the child is returned home or a petition is
filed; and,
inform the person with whom the child is placed those conditions under which the child
may be released to his parents.
If the family is not known to the department then the worker will:
ask the child, if appropriate, if he can provide the name and address of someone who
has cared for him; and,
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if a name is provided contact that person and discuss possible placement with them;
or,
if a name is not provide proceed with the steps in Item B.
B. Placement of a Home Services Worker
Whenever it appears that the parents will be gone for 12 hours or less, or whenever the
worker is unable to initially determine how long the parents will be gone, then department staff
may be placed in the home for the initial 12 hour period.
Whenever the need for this type of care arises the worker will:
arrange for two persons, one of whom is a Child Protective Services Worker, to stay
with the child;
if the child’s caretakers return before 12 hours have elapsed then staff may leave at
that time;
before leaving staff must review the situation with the caretakers including whether or
not there will be any follow-up activity on the part of the department; or, if at the end of
12 hours the child’s caretakers have not returned then the child may be placed in
emergency shelter care or another suitable facility.
Exceptions
Whenever a child has been abandoned it will not be necessary to maintain the child in his
own home under the following circumstances:
The parent or parents are known to be violent or it is anticipated that the parent or
parents may be incapacitated by the use of alcohol or other drugs and would pose a
threat to the safety of department staff; or,
The child cannot be maintained safely in his own home because of conditions in the
home which pose a substantial risk of harm to the child.
Worker Conduct--Need for Emergency Medical Care
When a worker accepts custody of a child in need of emergency medical care from a law
enforcement officer then the worker will:
take the child to a hospital or a physician for treatment;
attempt to locate the child’s caretakers if medical care was necessitated by their
unavailability;
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discuss the child’s illness or injury with the physician to determine if a petition should
be filed; and,
as necessary inform the physician that the child can be held in a hospital under the
physician’s care and against the will of the parents for a period of 96 hours if the
physician considers it necessary to do so.
WV Code 49-6-9 defines a condition requiring emergency medical treatment as a condition
which, if left untreated for a period of a few hours, may result in permanent physical damage;
such a condition includes, but is not limited to, profuse or arterial bleeding, dislocation or
fracture, unconsciousness and evidence of ingestion of significant amounts of a poisonous
substance.
7.6 Multidisciplinary Investigative Team
For information concerning Multidisciplinary Investigative Teams, see Foster Care Policy
Section 13.
7.7 Medical Examination of a Child for Evidentiary Purposes
Statute
State statute, 49-6-4(b), allows any person with authority to file a petition to request an order
for a medical examination from a judge or juvenile referee to secure evidence of child abuse
or neglect.
Purpose
The purpose of the statute is to allow for a legally sanctioned examination of a child who may
have been abused or neglected.
Worker Conduct in Requesting an Order for a Medical Examination
Whenever a worker determines that an examination under this statute is necessary then the
following must occur:
the worker will discuss the case with their supervisor and request supervisory approval
to proceed;
If supervisory approval is given the worker will prepare and submit the necessary
request to a judge or juvenile referee;
if the request is granted the judge or juvenile referee will issue an order directing a law
enforcement officer to take the child into custody and deliver the child to a physician or
hospital for examination;
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the worker shall and the parents may accompany the officer to the examination;
after the examination the officer may return the child to the custody of his parents, or
the officer may retain custody himself, or the officer may give custody to the
department.
Time Limits for Department Custody After a Medical Examination
If a law enforcement officer gives custody of a child to the department after a medical
examination, such custody may be maintained only until the end of the next judicial day
unless a petition requesting temporary custody pending a hearing has been filed and custody
transferred to the Department by court order.
7.8 Filing a Petition
Statute
The initiation of judicial proceedings in cases of abuse and neglect always begins with the
filing of a petition with the circuit court. Both state statute, 49-6-1 and 49-6-3 for example, as
well as the Court Rules and the Gibson Decree address the contents of a petition and specify
the procedures that must be followed in initiating judicial procedures.
Purpose
The purposes of a petition and the procedures accompanying its use are to: inform the
child’s caretakers of the specific allegations concerning their conduct towards their child(ren);
insure that all required legal procedures are followed; and, insure that all legal rights and
protections are extended to the child and the child’s caretakers.
Initiation of a Petition
Petitions are initiated in cases where:
The child is unsafe and there are no available or appropriate in-home safety
responses;
The child is in imminent danger and there are no appropriate or available safety
responses:
The parent(s) has committed an act which meets the definition of aggravated
circumstances or other situations as defined in WV Code 49-6-3(d); and,
The child is safe (an in-home safety plan controls for safety) but the parents have
demonstrated that they are incapable of or unwilling to take the actions necessary to
reduce the risk to their child so that safety does not have to be controlled by external
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means.
Whenever the worker determines that it is necessary to file a petition, then the following must
occur prior to filing:
The worker will discuss the case with his/her supervisor since no petition may be
initiated without supervisory approval.
If the worker is unable to contact his/her immediate supervisor then the worker will
discuss the case with a supervisor in a related unit, the Community Services Manager
or the Regional Director.
The supervisor shall review the record to determine that all alternative and supportive
services were pursued.
if the supervisor does not agree with the worker then the supervisor must assist the
worker in developing an appropriate safety plan.
If the supervisor agrees with the worker then the supervisor will direct the worker to
contact the prosecuting attorney to request that a petition be filed and this decision will
be documented in FACTS.
Contact with the Prosecuting Attorney
When approval for the filing of a petition has been given by the supervisor, the worker will
contact the prosecuting attorney to:
discuss the case including any questions the prosecutor may have; and,
request that the prosecutor prepare the petition.
Summary of the Facts and Items for Inclusion in the Petition
In order to enable the prosecutor to prepare the petition, the worker will prepare a Summary
of the Facts and Other Items for use by the prosecutor. The Summary must include specific
information, the information must be arranged in a specific format and the Summary must be
reviewed and approved by the supervisor prior to submission to the prosecutor.
Format
The information in a petition may vary from case to case depending on the circumstances in a
particular case and the judicial hearing that the worker has asked the prosecutor to initiate.
The worker must include the required information in each of the following sections as
appropriate.
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Identifying Information - List the names, address and relationship (parent, stepparent,
custodian, etc.) of the child(ren)’s current caretaker(s). In addition, list the name and address,
if known, of any absent parent. Finally, list the names, current address, sex, and age of all the
children who are to be included in the petition.
Note: In situations of imminent danger all children in the home must be included in the petition
and the petition must clearly indicate whether or not all or some of the children are at risk.
Conduct - The conduct of the child’s caretakers which the worker considers to be
maltreatment and/or risk must be described in specific detail and must be related to the
appropriate conditions in 49-1-3. In addition, this description must include the time(s) and
place(s) where the conduct occurred.
The worker must include a specific description of the safety threats (If appropriate) the risk
influences identified during the Initial Assessment and, if maltreatment has also occurred, a
specific description of the maltreatment.
If this is a case requiring termination, or a case in which there are aggravated circumstances,
then the conduct of the child’s caretakers which meet either of these two conditions must be
described in specific detail.
Supportive Services - List the threats which place the child(ren) in danger and all supportive
services directed at remedying them. This description should include services provided by the
Department, services arranged for through referrals to other agencies and services which
were offered but not accepted.
In addition, the worker should state the reason(s) why the supportive services were not
successful in controlling the risk to the child.
Alternatives to Removal - If the worker has determined that the child cannot be safe in his
home then the worker must state why there is no alternative to removal. That is, the worker
must explain why there are no services which can control safety to the point that the child can
remain in his home.
Alternative Placement - If the worker believes that the child cannot be protected in his own
home, then the worker must describe why it was not possible to protect the child by arranging
an alternative placement with relatives or neighbors instead of filing a petition.
Witnesses - List the names, addresses, telephone numbers and relationship to the child’s
caretakers, if any, of those persons who could testify to the facts.
Number of Contacts - List the number and the dates of the contacts the worker had with the
child and the child’s caretakers.
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Relief - List the relief and the actions, which the worker will ask the prosecuting attorney to
request the court to order. The relief requested must be one that is available under the
provisions of the statutes and is designed to meet the specific circumstances of each
individual case.
If a safety plan is necessary then the worker must also request that the court order the
services and actions necessary to insure the continued safety of the child.
As a part of the relief the worker must ask the court to address the issue of the child(ren)’s
placement. The worker must have a specific placement in mind or a plan to develop one and
this information must be included in the petition so that the court can rule on it.
Note: state statute prohibits the court, in cases of temporary custody pending a hearing, from
permitting the placement of the child(ren) in their own home unless the abusing parent has
been precluded by court order from visiting or residing in that home.
Child Support - In every case in which a petition asking for the removal of a child is
requested the worker must ask the prosecutor to include the issue of child support.
Specifically, the worker must include as part of the relief a request that the court:
order each of the parent(s) to complete a financial disclosure statement; and,
order the parent(s) to pay child support.
The worker should also ask the court to address, as part of its order, other forms of support
such as medical insurance which the parents may have in place for their child.
Findings Regarding Continuation in the Home and Reasonable Efforts - Whenever there is a
request for the removal of a child from his home as a part of the relief being requested, the
worker must include in the summary a request that the court, as a part of the order in the
case, state that:
Continuation in the home is contrary to the best interests of the child(ren) and why this
is so;
Whether or not the Department made a reasonable effort to prevent removal or that
the situation is an emergency and such efforts would be unreasonable or impossible;
and,
Whether or not this is a case in which there are aggravated circumstances or other
situations as defined in WV Code 49-6-3(d); and as a result reasonable efforts are not
required.
Note: the Supreme Court has developed and distributed a set of model orders for use in these
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types of cases. In order to insure the inclusion of all necessary findings, the worker should
encourage the prosecutor to have these orders used by the court.
Review and Verification
After the prosecutor has prepared the petition, the worker will review it for accuracy and
content. If the petition is accurate and complete and contains all required information, then
the worker will sign it.
If the petition contains any inaccurate information or if it is incomplete, then the worker MUST
not sign it. Instead, the worker must describe the inaccuracies or omissions to the prosecutor
and request that they be corrected. Once the necessary corrections have been made then the
worker will sign the petition.
If the prosecutor refuses to correct the petition, then the worker must refuse to sign it and
must discuss the matter with his/her supervisor.
Prior Notice
Once the decision to file a petition has been made the worker must make a reasonable effort
to notify the child’s caretakers of the day of presentation of the petition to the court.
Prior notice is not required when the caretakers are: likely to flee; hide; or attempt to force the
child to deny that he has been harmed or threatened with harm; or, when the whereabouts of
the caretakers are unknown. Whenever prior notice is not provided for one of these reasons,
the worker must document this decision in FACTS.
Note: A reasonable effort to notify means that the worker can inform the caretakers of his
intention to file a petition even though supervisory approval has not yet been granted. Or, the
worker can wait until supervisory approval has been granted and then telephone the
caretakers or go to their home to notify them.
7.9 Role of the Prosecuting Attorney
The Supreme Court addressed the role of the prosecuting attorney in child abuse and neglect
cases in its ruling in the cases styled, “In Re: Jonathan G” and “In Re: Diva P.” The ruling is
as follows: “Based on our conclusion that the prosecuting attorney’s role as related to
DHHR in an abuse and neglect proceeding is that of a traditional attorney-client, we
further determine that a prosecuting attorney has no independent right to formulate
and advocate positions separate from its client in these cases.”
This ruling means that the prosecuting attorney is supposed to represent the position of the
Department throughout the stages of all judicial proceedings.
Staff involved in judicial proceeding should always be willing to discuss any and all aspects of
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a case with the prosecutor but must remember that the final recommendations about the case
are the responsibility of the Department. If the Prosecuting Attorney will not assist the DHHR
in filing a petition to implement an out-of-home safety plan, the DHHR must initiate the
provision for ADispute Resolution@, pursuant to 49-6-10a.
7.10 Temporary Custody Pending a Preliminary Hearing
Statute
Under certain circumstances a worker may determine that the implementation of an out-of-
home safety plan requires the immediate and involuntary removal of a child from the home.
State statute, 49-6-3, provides the worker the opportunity to file a petition requesting an
immediate transfer of custody until a hearing can be held when:
There exists imminent danger to the physical well-being of the child; and,
There are no reasonably available alternatives to the removal of the child.
Purpose
The purpose of this part of the statute is to provide the court with the opportunity to authorize
an immediate transfer of custody in order to protect children at imminent risk of harm.
Worker Preparation for a Temporary Custody Hearing
Prior to the hearing on imminent danger the worker will:
arrange for the preparation and presentation of a petition; and,
provide notice of the hearing to the appropriate parties.
Worker Conduct During the Hearing
During the hearing the worker will be present in court in order to respond to any questions or
requests for information from the circuit judge or other parties.
Worker Conduct After the Hearing
Once the court has ruled on the petition, the worker will proceed to implement the order of the
court including removing the child from the home of the child’s caretakers and placing the
child in out-of-home care.
7.11 Placement Requirements
For information concerning placement requirements, see Foster Care Policy Section 1.16.
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7.12 Court Appointed Legal Counsel
In any legal proceeding in which the Department is petitioning the court in a case of child
neglect or abuse, the child and his caretakers have a right to be represented at every stage of
the proceedings.
A child and his caretakers may not be represented by the same legal counsel. A legal counsel
may represent all of the children or both parents if both parents agree to be represented by
the same person.
The court must appoint legal counsel to represent the child(ren) and, if the parents can not
afford legal counsel, then the court must appoint counsel for them.
Appointed counsel have a right to certain information and other materials from the
Department. This information should be provided to the legal counsel by the worker who had
the petition filed.
Note: the duties and responsibilities of the legal counsel appointed to represent the child(ren)
continue until the child is in a permanent placement.
Access to Records
Both the legal counsel for the child and the legal counsel for the child’s caretakers have a
right to review the records and other information maintained by the Department about the
child or the child’s caretakers with one exception. The Department shall not allow access
to records disclosing the identity of a referent.
Whenever legal counsel makes a request to review a record, the worker will make the
necessary arrangements for the review. The request does not have to be honored on the
same day it was made. The worker must inspect the information required to be produced and
delete any identifying information about the referent. Once that information has been
removed, then the worker should notify counsel of the availability of the record for review.
7.13 Court Appointed Special Advocate (CASA)
A Court Appointed Special Advocate (CASA) is a trained volunteer who may be appointed by
the court to serve as an independent representative of the child(ren) who is the subject of a
child welfare proceeding. The appointment of a CASA volunteer does not in any way change
the duties and responsibilities of the attorney for the child.
A CASA volunteer shall remain involved in a case until further order of the court or permanent
placement of the child(ren) is achieved.
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Access to Records
Unlike legal counsel, a CASA volunteer does not have a statutory right to inspect the records
of the child whom they are appointed to represent or the records of the child’s family.
According to the Supreme Court a CASA volunteer can gain access to these records either
through a court order or through a waiver for the release of information from the parties.
Whenever a CASA volunteer requests access to Department records, the worker must verify
the existence of a court order or waiver by all of the parties before granting access. If there is
no order or waiver, then access must be denied.
In those cases in which access is permitted, the CASA volunteer can not be allowed any
information which discloses the identity of a referent.
7.14 Discovery
Under the Rules of Procedure issued by the Supreme Court, the prosecuting attorney is
required to provide certain information to the legal counsel for the caretakers. Most of the
information which is to be provided will consist of materials developed by or in the possession
of the Department. The responsibility for providing this information to the prosecutor for
transmittal to the caretakers’ legal counsel rests with the worker who initiated the petition.
Within three (3) days of the filing of the petition the worker will provide the following to the
prosecutor:
a copy of any relevant written or recorded statements made by the caretakers and the
substance of any oral statements which they made and which will be offered in
evidence during the hearing;
a copy of any books, papers, documents, photographs, tangible objects, buildings, or
places which are material to the preparation of the case or are intended to be used as
evidence in the case or were obtained from or belong to the caretakers;
a copy of the results and reports of physical and/or mental examinations, if any, and a
copy of scientific tests and/or experiments , if any, which are used in the preparation of
the case or are intended to be used in evidence during the hearing; and,
a written list of names and addresses of all witnesses who will be called to testify
together with any record of prior convictions of any such witnesses.
Not less than five (5) days prior to the preliminary hearing, or any other hearing in which
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evidence will be introduced, the worker will provide the following to the prosecutor:
a copy of any book, papers, documents, photographs, tangible objects, buildings, or
places which will be introduced into evidence;
a copy of the results and reports of physical and/or mental examinations and a copy of
scientific tests and/or experiments made in conjunction with this particular case which
will be used in evidence during the hearing or a copy of the same items prepared by
any witness and which will be used in relation to the testimony of the witness; and,
a written list of the names and addresses of the witnesses to be called during the
hearing.
7.15 Preliminary Hearing
Statute
The state statute regulating the preliminary hearing is contained in 49-6-3(a) of the Code of
West Virginia and requires that: if at the time the petition was filed, the court placed or
continued the child in the emergency custody of the Department or a responsible person,
then a preliminary hearing on emergency custody shall be initiated within ten (10) days after
the continuation or transfer of custody.
Purpose
The purpose of the preliminary hearing is to provide the court with an opportunity to hear from
the parties, the Department and the child’s caretakers, and to determine what future action, if
any, should occur.
Worker Preparation for the Preliminary Hearing
Prior to the preliminary hearing the worker will:
Prepare and develop general terms or requirements to offer in the event that a pre-
adjudicatory improvement period is requested. Provide the terms in writing to the
prosecuting attorney prior to the hearing for presentation at the hearing.
Based upon the time that a pre-adjudicatory improvement may be granted and the
stage of the Initial Assessment process, the terms that are offered may only be able to
address the safety needs of the child and/or placement needs of the child. The
protection plan or the safety plan must be used to determine the terms if the progress
of the case does not extend beyond the initial assessment and safety evaluation.
Convene a preliminary meeting with the parent, when possible, and the child(ren),
when appropriate, to determine known prospective multidisciplinary treatment team
membership. (This meeting need not be a separate event and should be conducted
during other necessary face-to-face contact with the family prior to the hearing.)
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Prepare and send the written notification for the date of the treatment team meeting to
all the parties within seven days of the filing of the petition. In the event the
membership of the MDT is not known within seven days of the filing of the petition, i.e.
the guardian ad litem or the parent’s attorney may not have been appointed, the
notification letters will be taken to the hearing and provided to members at that time.
Notify the prosecuting attorney in writing of any information that would negatively affect
the granting of an improvement period.
If the child is out of the home, consider possible reunification if the child can be
protected and safety can be maintained with an in-home safety plan.
Obtain a copy of the parent(s) financial disclosure statement for child support to use
during the hearing as needed.
Worker Conduct During the Preliminary Hearing
During the hearing the social worker will:
If the worker believes that a mental or medical examination is necessary, then the
worker must be prepared to request that the court order the appropriate
examination(s).
If an improvement period is requested, provide the suggested terms to the court and
request that they be made part of the court record.
In the event that reunification can be effected through an in-home safety plan, the
safety services will be included in the terms recommended for the improvement period.
This requires completion of the safety assessment and plan of the Initial Assessment.
Request that the order reflect that the parent(s) will participate with the MDT, will
participate in the development of the family assessment/treatment plan identified
through the WVCPSS and will participate and cooperate with the terms of the
improvement period if one is granted.
Obtain signed releases of information from the parent(s), guardian(s) or custodian(s)
or request that the order reflect the appropriate language to obtain any necessary
medical information.
Request that the signed releases of information be made part of the court record.
Request that the court order reflect financial support by the parents including the
requirement that the parents complete a financial disclosure form as necessary.
Request that the date for the next hearing be scheduled, placed on the docket and
reflected in the court order.
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In the order granting the improvement period, the court must order that a hearing be
held to review the matter within 60 days or within 90 days of the granting of the
improvement period.
Request that the written order reflect the department’s financial responsibility for the
expenses associated with the services identified in the improvement period terms if the
court so orders at the hearing.
If the family demonstrates to the court that they are unable to bear the cost of such
expenses, the court may order the department to financially support the provision of
services.
Worker Conduct Following the Preliminary Hearing
The actions which the worker must take after the conclusion of the preliminary hearing
depend upon whether an improvement period was granted or whether an improvement period
was not requested or granted.
Worker Conduct When an Improvement Period is Granted
Following the hearing, if a pre-adjudicatory improvement period is granted, the worker will:
Complete the initial assessment and safety evaluation of the WVCPSS process and
make arrangements for transferring the case to on-going CPS if this has not occurred.
Convene the multidisciplinary treatment team meeting.
Prepare and educate the members of the multidisciplinary treatment team with the
WVCPSS process and the next steps related to the process. The multidisciplinary
team meeting would be an appropriate vehicle to introduce the family to the worker
that will be conducting the family assessment and participating in the development of
the treatment plan if the case was not active in on-going services.
Direct the collaborative effort of the multidisciplinary team meeting in the development
of the family case plan. (The family case plan also serves as the child assessment
that is to be completed within 30 days of the receipt of custody.)
File the family case plan with the court within 30 days of the hearing granting the pre-
adjudicatory improvement period and provide all members of the multidisciplinary team
with a copy of the plan.
The statutes do not define the term “file with the court,” nor do they specify a method
for transmitting the plan to the court. Therefore, it has been decided to provide the
case plan to the circuit clerk and to the prosecuting attorney to meet this requirement.
If the child is in an out-of-home placement, evaluate reunification efforts and determine
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if the child can be returned to the family as long as safety and protection can be
maintained with an in-home safety plan by completing the initial assessment and
safety evaluation and safety analysis and plan of the WVCPSS. If the case is further
into the CPS process, the continuing safety analysis and plan will be used for this
purpose.
Provide the record keeping for the multidisciplinary team meeting.
Provide a report to the Case Oversight Team containing the log with the participant list,
the results of the MDT and any barriers to service provision to the family.
Provide services and closely monitor the participation of the family with the terms of
the improvement period and family case plan.
Insure that the service providers of the family case plan provide written reports every
30 days and provide copies of the reports to each treatment team member.
Complete the family case plan evaluation of progress.
Convene the multidisciplinary treatment team to review and provide input for the family
case plan evaluation of progress.
Submit the family case plan evaluation of progress report to the court and provide
copies to the multidisciplinary treatment team members within 60 days of the hearing
granting the improvement period.
Request that the case plan evaluation of progress report is entered as part of the court
record.
Contact the prosecuting attorney to insure that the 60 day or 90 day hearing is
scheduled and on the court’s docket.
Submit to the court in writing any modification in the family case plan. (The statutes do
not define the term “file with the court,” nor do they specify a method for transmitting
the plan to the court. Therefore, it has been decided to provide the case plan to the
circuit clerk and the prosecuting attorney to meet this requirement.}
Contact the prosecuting attorney 15 days prior to the expiration of the improvement
period to insure that the hearing is scheduled and on the court’s docket.
The adjudicatory hearing must take place no later than 60 days after the expiration of
improvement period. The worker will more than likely be the person accountable for
keeping track of the dates of the improvement periods, hearings, mandated reports
and multidisciplinary team responsibilities.
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Remind the prosecutor of the court’s duty to specify a future date in the order if a
motion for continuance of the hearing is received and there are no objections. (If there
is difficulty with receiving sufficient notice of a continuance motion or if there are
objections to the continuance, the prosecuting attorney is to be immediately advised.
If the Department is requesting a continuance, the prosecuting attorney must be
consulted to request the written motion that must specify “good cause” for the
continuance.
Collect progress reports from providers to furnish to the court at the adjudicatory
hearing.
Worker Conduct When an Improvement Period not Requested Or Improvement Period is
Denied
Following the hearing, if a pre-adjudicatory improvement period is not granted, the social
worker will:
Complete the initial assessment and safety evaluation of the WVCPSS process and
make arrangements for transferring the case to on-going CPS if this has not occurred.
Convene the multidisciplinary treatment team.
Prepare and educate the family and the members of the multidisciplinary treatment
team with the WVCPSS process and the next steps related to the process. (The MDT
meeting would be an appropriate vehicle to introduce the family to the worker that will
be conducting the family assessment and participating in the development of the
treatment plan if the case was not active in on-going services.
Direct the collaborative effort of the multidisciplinary team meeting in the development
of the family case plan. (If a pre-adjudicatory improvement period was not granted,
there is no requirement to file the family case plan with the court. In this instance, the
family case plan also serves as the child assessment that must be completed within 30
days of the receipt of custody.)
If the child is in an out-of-home placement, evaluate reunification efforts and determine
if the child can be returned to the family if safety and protection can be maintained with
an in-home safety plan by completing the initial assessment and safety evaluation and
the safety analysis and plan of the WVCPSS. If the case is further into the CPS
process, the continuing safety analysis and plan will be used for this purpose.
Provide the record keeping for the treatment team meeting.
Provide a report to the Case Oversight Team containing the log with the participant list,
the results of the MDT, and any barriers to service provision to the family.
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Provide services and closely monitor the participation of the family case plan.
Insure that the service providers of the family case plan provide written reports every
30 days and provide copies of the reports to each treatment team member.
Complete the family case plan evaluation of progress.
Convene the treatment multidisciplinary team to review and provide input for the family
case plan evaluation of progress.
Collect all progress reports from providers and include the reports with the case
evaluation of progress to provide the court at the adjudicatory hearing.
Contact prosecuting attorney to insure that the adjudicatory hearing is on the court’s
docket. (The adjudicatory hearing shall occur within 30 days of the entering of the
temporary custody order unless a pre-adjudicatory improvement period is granted.)
7.16 Child Support
For information concerning Child Support, see Foster Care Policy Section 13.12.
7.17 Multidisciplinary Treatment Team
For information concerning Multidisciplinary Treatment Teams, See Foster care Policy
Section 13.
7.18 Medical and Mental Examinations
State statute, 49-6-4(a), permits the circuit judge or any party to the proceedings to order that
the child or the child’s caretakers be examined by a physician, psychologist or psychiatrist
and may require the person conducting the examination to testify.
If the child’s caretakers refuse to undergo an examination, the court can not hold them in
contempt nor can the court terminate parental rights because of such a refusal.
7.19 Adjudicatory Hearing
Statute
The state statute regulating the adjudicatory hearing is contained in 49-6-2 of the Code of
West Virginia.
Purpose
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The purpose of the adjudicatory hearing is to provide the parties, the Department and the
child’s caretakers, with the opportunity to testify and to present evidence in regard to the
allegations contained in the petition.
At the conclusion of the hearing the court shall make a determination based on the evidence
and shall make findings of fact and conclusions of law as to whether or not the child is abused
and/or neglected.
Worker Preparation for the Adjudicatory Hearing
Prior to the adjudicatory hearing the worker will:
Prepare and develop general terms or requirements to offer in the event a post-
adjudicatory improvement period is granted. Provide the terms in writing to the
prosecuting attorney prior to the hearing for presentation at the hearing.
Notify the prosecuting attorney in writing of any information that would negatively affect
the granting of an improvement period.
Insure that the multidisciplinary treatment team has received notice of the hearing.
Prepare any releases of information for signature.
Prepare the multidisciplinary treatment team notices for the next meeting.
If the child is in an out-of-home placement, evaluate reunification efforts and determine
if the child can be returned to the family as long as protection and safety can be
maintained with an in-home safety plan. (This requires completion of the continuing
safety and analysis and plan of the WVCPSS process.)
Worker Conduct During the Adjudicatory Hearing
During the adjudicatory hearing the worker will:
If an improvement period is requested, provide the suggested terms to the court and
request that they be made part of the court record. (In the event that reunification can
be effected through an in-home safety plan, the safety services will be included in the
terms of the court record.)
Testify regarding the worker’s knowledge of the abuse and/or neglect.
Request that the family case plan evaluation of progress that was previously provided
to the court and all progress reports by providers be made part of the court record. (If
a pre-adjudicatory improvement period was not granted, request that the family case
plan and the family case plan evaluation of progress developed through the
collaboration of the MDT be entered in the court record.)
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Requests the order reflect that the parent(s) must participate and cooperate with the
terms of the improvement period, must participate with the MDT and must participate
in the development of the treatment plan identified through family assessment.
Obtain signed releases of information from the parent(s) or request that the order
reflect the appropriate language to obtain any necessary medical information.
Request that the releases of information be made part of the court record.
Request that the next hearing be scheduled, placed on the court’s docket, and reflects
in the court order.
Schedule and provide written notification to all multidisciplinary treatment team
members of the next treatment team meeting.
Request that the multidisciplinary treatment team notices be made part of the court
record.
Request that the written order reflect the department’s financial responsibility, if any,
for the expenses associated with the services identified in the improvement period
terms if the court so orders at the hearing. (If the family demonstrates to the court that
they are unable to bear the cost of such expenses, the court may order the department
to financially support the provision of services.)
The worker must request that any medical expenses which are to be paid by the
Department are to be paid at the current Medicaid rates for such services.
Payment for medical services can be made through the use special medical card.
Payment for other types of services can be made through the demand payment
system
Payment for medical services which exceed Medicaid coverage will be made by
submitting a court order with the seal of the court on the order and the invoice for
services to the bureau for Children and Families, ATTN: Administrative Services. If the
seal of the court does not appear on the order, then payment cannot be made.
Worker Conduct Following the Adjudicatory Hearing
The actions which the worker must take after the conclusion of the adjudicatory hearing
depend on whether an improvement period was granted or whether an improvement period
was not requested or granted
Worker Conduct When an Improvement Period is Granted
Following the hearing, if a post-adjudicatory improvement period is granted, the worker will:
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Complete the family assessment and treatment plan WVCPSS process if this has not
occurred.
Convene the MDT
Update and educate the family and members of the multidisciplinary treatment team
with the CPS process and the next steps related to the process.
Direct the collaborative effort of the MDT meeting in the development of the family
case plan.
Provide the record keeping for the treatment team meeting.
Provide a report to the Case Oversight Team containing the log with the participant list,
the results of the MDT and any barriers to service provision to the family.
File the case plan with the court within 30 days of the hearing granting the
improvement period and provide all members of the multidisciplinary team with a copy
of the plan. (The statutes do not define the term “file with the court,” nor do they
specify a method for transmitting the plan to the court. Therefore, it has been decided
to provide the case plan to the circuit clerk and to the prosecuting attorney to meet this
requirement.)
Continue the CPS process, provide services and closely monitor the participation of
the family with the terms of the improvement period and family case plan.
Insure that the service providers of the family case plan provide written reports every
30 days and provide copies of the report to each treatment team member.
Prepare the family case plan evaluation of progress.
Convene the MDT to review and provide input for the family case plan evaluation of
progress.
Provide the family case plan evaluation of progress to the court with copies to the MDT
members within 60 days of the hearing granting the post-adjudicatory improvement
period. (In the WVCPSS process, case evaluation is to occur every 90 days. The
case evaluation date can be adjusted to occur prior to the hearing. The family case
plan evaluation of progress will serve as the WVCPSS case evaluation and will comply
with the administrative review requirements for children in placement.)
Contact the prosecuting attorney 15 days prior to the 60 day or 90 day hearing for
review of the parent(s) progress to insure it is scheduled and placed on the court’s
docket.
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Attend the hearing and request that the family case plan evaluation of progress be
made part of the court record and request the court’s signature on the signature
attachment page.
At the 60 or 90 day hearing, request that a hearing be scheduled for a review of
progress which must occur every three months following the granting of an
improvement period and request that it is placed on the court’s docket. (The court may
select to schedule a status conference devoted to reviewing the parent’s progress
instead of a hearing.)
Prepare in collaboration with the MDT the family case plan evaluation of progress prior
to each hearing or status conference.
If modifications are made to the family case plan as the casework process continues,
file with the court in writing any modifications to the family case plan. (The statutes do
not define the term “file with the court,” nor do they specify a method for transmitting
the plan to the court. Therefore, it has been decided to provide the case plan to the
circuit clerk and to the prosecuting attorney to meet this requirement.)
Contact the prosecuting attorney 15 days prior to all hearings or status conferences to
insure they are scheduled and placed on the court’s docket.
Prior to each hearing or status conference, notify the members of the MDT of the
dates and time of the scheduled hearing or status conference.
Attend each hearing or status conference and provide a written report to the court of
the family’s progress with the family case plan and the development in the case. (In
the WVCPSS process, case evaluation is to occur every 90 days. The case evaluation
can be adjusted to occur prior to the hearings or status conferences. The family case
plan evaluation of progress will serve as the WVCPSS case evaluation and will comply
with the administrative review requirements for children in placement.)
Request that the family case plan evaluation of progress be made part of the court
record and request the court’s signature on the signature attachment page.
At the conclusion of each hearing or status conference request that the court schedule
and place on the docket the next hearing that must occur every 90 days. (The court
may elect to schedule a status conference devoted to reviewing the parent’s progress
instead of a hearing.)
In the event that a foster care permanency review hearing has not been conducted
within the first 12 months or every 12 months thereafter, the worker will request that a
hearing be scheduled to review the planning for the child and family instead of a status
conference. This serves to meet the statutory requirements of the WV Code 49-6-8(a)
and WV Code 49-6-8(b) for judicial review and Title IV-E of the Social Security Act.
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Insure that the MDT is notified of each hearing or status conference.
Prepare and distribute all required reports to the MDT.
Contact the prosecuting attorney at least 15 days prior to the expiration of the
improvement period to insure that the hearing is scheduled and on the court’s docket.
(The disposition hearing must take place no later than 60 days after the expiration of
the improvement period.)
Remind the prosecutor of the court’s duty to specify a future date in the order if a
motion for continuance of the hearing is received and there are no objections. (If there
is difficulty with receiving sufficient notice of a continuance motion, or if there are
objections to the continuance, the prosecuting attorney is to be immediately advised.
If the Department is requesting a continuance, the prosecuting attorney must be
consulted to request the written motion that must specify “good cause” for the
continuance.)
Notify the prosecuting attorney if the client is not participating in the terms of the
improvement period and request that a motion be filed and a hearing be held to
terminate the improvement period. (The worker is responsible for providing the
information that supports the request for the termination of the improvement period.)
Be prepared to answer the assertions if a motion is filed to extend the improvement
period for a period up to three months. (The motion filed for an extension of the
improvement period must set forth specific assertions: 1) the family has substantially
complied with the terms of the improvement period, 2) the continuation of the
improvement period will not substantially impair the ability of the department to
permanently place the child, and 3) an extension is consistent with the best interest of
the child. The burden of proof related to these conditions rests with the family.
However, the worker and MDT will closely monitor and evaluate the family case plan
which provides the documentation and supportive information to provide to the court.)
Prepare, file with the court and provide copies to the child’s attorney and/or guardian
ad litem, parent(s), and the parent’s attorney, the child’s case plan at least five judicial
days prior to the dispositional hearing. The statutes do not define the term “file with
the court,” nor do they specify a method for transmitting the plan to the court.
Therefore, it has been decided to provide the case plan to the circuit clerk and to the
prosecuting attorney to meet this requirement.)
Worker Conduct When an Improvement Period not Requested or Improvement Period Is
Denied
Following the hearing, if a post-adjudicatory improvement period is not granted, the worker
will:
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Complete the initial assessment and safety evaluation of the WVCPSS process and
make arrangements for transferring the case to on-going CPS is this has not occurred.
Update and educate the family and the members of the multidisciplinary treatment
team with the WVCPSS process and the next steps related to the process. (The MDT
meeting would be an appropriate vehicle to introduce the family to the worker that will
be conducting the family assessment and participating in the development of the
treatment plan if the case was not active in on-going services.)
Direct the collaborative effort of the MDT meeting in the development of the family
case plan. (If a post-adjudicatory improvement period is not granted, there is no
requirement to file the family case plan with the court.)
If the child is in an out-of-home placement, evaluate reunification efforts and determine
if the child can be returned to the family if safety and protection can be maintained with
an in-home safety plan.
Provide the record keeping for the treatment team meeting.
Provide a report to the Case Oversight Team containing the log with the participant list,
the results of the MDT and any barriers to service provision to the family.
Continue the CPS process, provide services and closely monitor the participation of
the family with the family case plan.
Insure that the service providers of the family case plan provide written reports every
30 days and provide copies of the reports to each treatment team member.
Collect all progress reports from providers to provide to the court at the dispositional
hearing.
Contact prosecuting attorney to insure that the disposition hearing is on the court’s
docket. (The disposition hearing shall occur within 45 days of the entering of the final
adjudicatory order.)
Prepare, file with the court and provide copies to the child’s attorney and/or guardian
ad litem, parent(s), and the parent’s attorney, the child’s case plan at least five judicial
days prior to the dispositional hearing. The statutes do not define the term “file with
the court,” nor do they specify a method for transmitting the plan to the court.
Therefore, it has been decided to provide the case plan to the circuit clerk and to the
prosecuting attorney to meet this requirement.)
7.20 Dispositional Hearing
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Statute
The statute regulating the dispositional hearing is contained in 49-6-5 of the Code of West
Virginia. This statute has been further defined and regulated by the Court Rules. Depending
on the decision of the court, there may be more than one dispositional hearing.
Purpose
The purpose of the dispositional hearing is to provide all the parties to the case with the
opportunity to address the court about the future care and custody of the child(ren).
At the conclusion of the hearing the court will choose from a number of specified options and
enter an order regarding future care and custody.
Worker Preparation for the Dispositional Hearing
Prior to the dispositional hearing the worker will:
prepare himself/herself to testify about the disposition which they would like the court
to make;
prepare and develop general terms or requirements to offer in the event an
improvement period is granted as a disposition. Provide the terms in writing to the
prosecuting attorney prior to the hearing for presentation at the hearing.
prepare and distribute copies of the child's case plan to the parties, their counsel, and
persons entitled to notice and the opportunity to be heard, at least five judicial days
prior to the disposition hearing.
notify the prosecuting attorney in writing of any information that would negatively affect
the granting of an improvement period;
insure that the multidisciplinary team and all other parties with a right to be present
have received notice of the hearing;
prepare any releases of information for signature;
prepare the multidisciplinary treatment team notices for the next meeting;
if the child is in an out-of-home placement, evaluate reunification efforts and determine
if the child can be returned to the family as long as protection and safety can be
maintained with an in-home safety plan.
Worker Conduct During the Dispositional Hearing
During the hearing the worker will:
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If an improvement period is requested, provide the suggested terms to the court and
request that they be made part of the court record. (In the event that reunification can
be effected through an in-home safety plan, the safety services will be included in the
terms recommended for the improvement period.)
Request that the family case plan evaluation that was previously provided to the court
and all progress reports by providers be made part of the court record. (If a post-
adjudicatory improvement period was not granted, provide the family case plan to the
court and request that it be entered on the court record.)
Request the order reflect that the parent(s) will participate and cooperate with the
terms of the improvement period, will participate with the MDT and will participate in
the development of the treatment plan identified through family assessment.
Obtain signed releases of information from the parent(s) or request that the order
reflect the appropriate language to obtain any necessary medical information.
Request that the releases of information be made part of the court record.
Request that the date for the next hearing be schedule, placed on the docket and
reflected in the court order.
Schedule and provide written notification to all MDT members of the next treatment
meeting.
Request that the multidisciplinary treatment team notices be made part of the court
record.
Request that the written order reflect the department’s financial responsibility for the
expenses associated with the services identified in the improvement period terms if the
court so orders at the hearing. (If the family demonstrates to the court that they are
unable to bear the cost of such expenses, the court may order the department to
financially support the provision of services.)
Worker Conduct Following the Disposition Hearing
The actions which the worker must take after the conclusion of the disposition hearing
depend on the decision of the court regarding the future care and custody of the child. The
court may grant an improvement period or the court may choose another option.
Worker Conduct When an Improvement Period is Granted
Following the hearing the worker will:
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Convene the MDT.
Update and educate the family the members of the MDT with the CPS process and the
next steps related to the process.
Direct the collaborative effort of the MDT meeting in the development of the family
case plan.
Provide the record keeping for the MDT meeting.
Provide a report to the Case Oversight Team containing the log with the participant list,
the results of the MDT and any barriers to service provision to the family.
File the family case plan with the court within 30 days of the hearing granting the
improvement period and provide all members of the MDT with a copy of the plan. (The
statutes do not define the term “file with the court,” nor do they specify a method for
transmitting the plan to the court. Therefore, it has been decided to provide the case
plan to the circuit clerk and to the prosecuting attorney to meet this requirement.)
Continue the CPS process, provide services and closely monitor the participation of
the family with the terms of the improvement period and family case plan.
Insure that the service providers of the family case plan provide written reports every
30 days and provide copies of the reports to each treatment team member.
Prepare the family case plan evaluation of progress.
Convene the multidisciplinary treatment team to review and provide input for the family
case plan evaluation of progress.
Provide the family case plan evaluation of progress to the court with copies to the
treatment team members of the family’s progress within 60 days of the hearing
granting the improvement period. (The family case plan evaluation of progress will
serve as the WVCPSS case evaluation and will comply with the administrative review
requirements for children in placement.)
Contact the prosecuting attorney 15 days prior to the 60 or 90 day hearing for review
of the parent(s) progress to insure that it is scheduled and placed on the court’s
docket.
Attend the hearing and request that the family case plan evaluation of progress be
made part of the court record and request the court’s signature on the signature
attachment page.
At the 60 or 90 day hearing, request that a hearing be scheduled for a review of
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progress which must occur every three months following the granting of an
improvement period and request that it is placed on the court’s docket. (The court may
select to schedule a status conference devoted to reviewing the parent’s progress
instead of a hearing.)
Prepare, in collaboration with the multidisciplinary treatment team, the family case plan
evaluation of progress prior to each status conference or hearing.
If modifications to the family case plan occur as the casework process continues,
submit to the court in writing any modifications to the family case plan. (The statutes
do not define the term “file with the court,” nor do they specify a method for
transmitting the plan to the court. Therefore, it has been decided to provide the case
plan to the circuit clerk and to the prosecuting attorney to meet this requirement.)
Contact the prosecuting attorney 15 days prior to all hearings or status conferences to
insure they are scheduled and placed on the court’s docket.
Prior to each hearing or status conference, notify the members of the MDT of the date
and time scheduled for the hearing.
Attend each hearing or status conference and provide a written report to the court of
the family’s progress with the family case plan and the developments in the case. (In
the WVCPSS process, case evaluation is to occur every 90 days. The case evaluation
can be adjusted to occur simultaneously to the hearings or status conferences. The
family case plan evaluation of progress will serve as the WVCPSS case evaluation
and will comply with the administrative review requirements for children in placement.)
Request that the family case plan evaluation of progress be made part of the court
record and request the court’s signature on the signature attachment page.
At the conclusion of each hearing or status conference request that the courts
schedule and place on the docket, the next hearing that must occur every 90 days.
(The court may elect to schedule a status conference devoted to reviewing the
parent’s progress instead of a hearing. In the event that a hearing has not been
conducted within the first 12 months or every 12 months thereafter, the worker will
request that a hearing be scheduled to review the planning for the child and family
instead of a status conference. This serves to meet the statutory requirements of the
WV Code 49-6-8(a) and 49-6-8(b) for judicial reviews and Title IV-E of the Social
Security Act.
Insure that the MDT is notified of each status conference or hearing.
Prepare and distribute all required reports for the multidisciplinary team.
Contact the prosecuting attorney 15 days prior to the expiration of the improvement
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period to insure that the Final Dispositional Hearing is scheduled and on the court
docket. (The final disposition hearing must take place no later than 60 days after the
expiration of the improvement period at disposition.)
Remind the prosecutor of the court’s duty to specify a future date in the order if a
motion for continuance of the hearing is received and there are no objections. (If there
is difficulty with receiving sufficient notice of a continuance motion or if there are
objections to the continuance, the prosecuting attorney is to be immediately advised.
the Department is requesting a continuance, the prosecuting attorney must be
consulted to request the written motion that must specify “good cause” for the
continuance.)
Notify the prosecuting attorney if the client is not participating in the terms of the
improvement period and request that a motion be filed and a hearing be held to
terminate the improvement period.
The worker is responsible for providing the information that supports the request for
the termination of the improvement period.
Be prepared to answer the assertions if a motion is filed to extend the improvement
period for a period up to three months.
Worker Conduct When the Petition is Dismissed
If the petition is dismissed or the child, the abusing parent or other family members are
referred to a community agency and the petition is also dismissed the worker will:
return the child to the child’s caretakers;
discuss with the caretakers any remaining service needs they may have and provide
assistance to secure them; and,
proceed to close the child protective services case.
Worker Conduct When Continuing Supervision is Ordered
Whenever the court orders the return of the child to his or her own home under the
supervision of the department, or, orders terms of supervision which prescribe the manner of
supervision and care of the child, then the worker will:
convene the multidisciplinary treatment team;
update and educate the family and the members of the multidisciplinary treatment
team with the CPS process and the next steps related to the process;
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direct the collaborative effort of the multidisciplinary treatment team in the
development of a plan to implement the order of the court;
provide a report to the Case Oversight Team containing the log with the participant list,
the results of the multidisciplinary team and any barriers to service provision to the
family;
continue the CPS process, provide services and closely monitor the participation of the
family with the terms of the court order;
obtain written reports from service providers every 30 days and provide copies of the
reports to each treatment team member;
convene the multidisciplinary treatment team to review and provide input for the case
evaluation of progress; and,
contact the prosecuting attorney to insure that the case is scheduled for the
Permanency Placement Review hearing no later than 90 days from the date of the
initial disposition hearing.
Worker Conduct When the Court Terminates Parental Rights
When the court terminates parental rights the actions the worker must take depend on the
order of the court regarding the custody of the child.
If the court commits the child to the sole custody of the non-abusing parent, if there is one, or
the permanent guardianship of a licensed child welfare agency, then the worker will:
make the arrangements necessary to transfer physical custody of the child to the non-
abusing parent or agency; and,
take the steps necessary to close the CPS case.
If the court terminates parental rights and commits the child to the guardianship of the
department, then the worker will:
initiate the permanency placement review process.
Worker Conduct When Custody of Child is Continued With the Department
The court may find that the parents are presently unwilling or unable to provide adequately for
the needs of their child(ren) and may commit the child(ren) to the custody of the Department.
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When the court makes this ruling then the court must also make a finding about reasonable
efforts.
If the court finds that reasonable efforts were not required because of aggravated
circumstances then the court must proceed to hold a permanency hearing within 30 days
following the date of the entry of the order containing the finding. Whenever the court makes
this finding the worker will:
convene the multidisciplinary treatment team to review the results of the dispositional
hearing and to prepare for the permanency hearing; and,
continue to provide the appropriate services in the interim between the dispositional
hearing and the permanency hearing.
If the court does not find that aggravated circumstances exist, the court should issue an order
specifying under what circumstances the child’s commitment to the Department will continue.
The worker will:
convene the multidisciplinary team;
update and educate the family and the members of the multidisciplinary treatment
team with the CPS process and the next steps related to the process;
direct the collaborative effort of the multidisciplinary treatment team in the
development of a plan to implement the order of the court;
continue the CPS process, provide services and closely monitor the participation of the
family with the terms of the court order;
obtain written reports from service providers every 30 days and provide copies of the
reports to each treatment team member;
convene the multidisciplinary treatment team to review and provide input for the case
evaluation of progress; and,
contact the prosecuting attorney to insure that the Permanency Placement review is
scheduled no later than 90 days from the date of the initial disposition.
Final Dispositional Hearing
Prior to the hearing the worker will:
Prepare to address the progress of the parent(s) related to the family case plan.
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Collect all progress reports submitted by providers.
Prepare to address the status of the recommended permanency plan for the child.
Notify the MDT of the date of the hearing.
Contact the prosecuting attorney to discuss any other preparations necessary for the
hearing.
prepare and distribute copies of the child's case plan to the parties, their counsel, and
persons entitled to notice and the opportunity to be heard, at least five judicial days
prior to the disposition hearing.
If the child(ren) continue to be placed out of home, determine if an in-home safety plan
can be implemented as long as safety can be assured through the use of the
continuing safety analysis and plan of the WVCPSS.
During the hearing the worker will:
Provide provider progress reports and request that they be made part of the court
record.
Recommend the permanency plan for the child(ren) and the steps necessary to
achieve the permanent plan.
Request that the court rule on a dispositional determination consistent with the best
interests of the child.
If the permanent placement plan is for reunification with the parent(s), request that the
court order the parent(s) to continue to participate in the provision of the family case
plan, the treatment MDT, and the steps to achieve the permanent plan for the
child(ren).
After the hearing the actions the worker must take depend on the finding of the court at the
Final Dispositional Hearing. (The various actions which a worker may be required to take are
described in the previous sections under this heading.)
7.21 Family Case Plan
For information concerning the Family Case Plan, see Foster Care Policy Sections 2.9, 3.9,
4.8, 5.8, 6.8, 7.10, 8.9, 9.8, 10.9, 11.8, or 12.10.
7.22 Time Limited Reunification Services
For information concerning Reunification Services, see Foster Care Policy Sections 2.11,
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3.11, 4.10, 5.10, 6.10, 7.12, 8.11, 9.10, 10.11,
7.23 Child’s Case Plan
For information concerning the Child Case Plan, see one of the following Foster Care Policy
Sections: 2.9, 3.9, 4.8, 5.8, 6.8, 7.10, 8.9, 9.8, 10.9, 11.8, or 12.10.
7.24 Administrative Review
For information concerning Administrative Reviews, see one of the following Foster Care
Policy Sections: 2.21, 3.21, 4.20, 5.20, 6.20, 7.22, 8.21, 9.20, 10.21, 11.19, or 12.17.
7.25 Judicial Review
For information concerning Judicial Reviews, see one of the following Foster Care Policy
Sections: 2.22, 3.22, 4.22, 5.21, 6.21, 7.23, 8.22, 9.21, 10.22, 11.20, or 12.18.
7.26 Change in a Child’s Placement - Report to the Court
For information concerning reporting to the Court due to three changes in a child’s placement
within twelve months, see one of the following Foster Care Policy Sections: 2.27, 3.27, 4.26,
5.26, 6.26, 7.28, 8.27, 9.26, 10.27, 11.25, or 12.23.
7.27 Permanency Placement Reviews and Post-Termination
Placement Plan
For information concerning Permanency Placement Reviews and Post-Termination
Placement Plans, see one of the following Foster Care Policy Sections: 2.20, 3.20, 4.19,
5.19, 6.19, 7.21, 8.20, 9.19, 10.20, 11.18, or 12.16
7.28 Circumstances Requiring Termination of Parental Rights
For information concerning circumstances requiring Termination of Parental Rights, see one
of the following Foster Care Policy Sections: 2.18, 3.18, 4.17, 5.17, 6.17, 7.19, 8.18, 9.17,
10.18, 11.16, or 12.14.
APPENDIX A WEST VIRGINIA STATE POLICE CHILD ABUSE
AND NEGLECT INVESTIGATIVE UNIT CHILD PROTECTIVE
SERVICES REFERRAL AND INVESTIGATION PROTOCOL
1. Purpose of the Protocol
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During the 2006 legislative session, the Child Protection Act of 2006 changed sections of
state code, thus forming a special unit of officers within the state police that are to work
directly with child abuse and neglect investigations involving the most serious allegations. The
purpose for the joining of the West Virginia State Police and Child Protective Services is to
provide more effective collaboration between agencies (CPS, state police and local law
enforcement) in order to reduce child fatalities and aid prosecution of perpetrators of child
abuse and neglect. The special CPS investigate unit will also track valuable data to provide
outcomes to the legislature regarding the progress of the unit.
2. Definitions
a.) State police- The special unit of six troopers assigned to assist CPS workers and local law
enforcement agencies across the state.
b.) Local law enforcement- The police detachment located in the area where the incident of
child abuse/neglect occurred.
c.) Serious physical injury- An injury or injuries which threaten the life or the developmental
progress of a child. Examples of serious physical injury include spiral fractures; multiple
broken bones; head trauma; severe bruising to the head, face and neck.
d.) Sexual abuse allegation involving physical contact- Allegations that involve genital contact
between the perpetrator and victim.
3. The Protocol
A. Allegations that should be referred to local law enforcement and the prosecuting attorney’s
office in the county where the alleged abuse occurred immediately upon receipt on the CPS
Referral For Law Enforcement (CPS-1) form.
Serious physical injury suspected to be inflicted by caretaker adult;
All sexual abuse allegations;
Critical Incident.
Of the above-listed referrals, the worker will send all sexual abuse allegations that involve
physical contact which are made by a mandated referent; serious physical injury suspected to
be inflicted by a caretaker and critical incidents to the state police within 7 days.
When a worker initiates an immediate response for a serious physical injury resulting in
hospitalization or for a critical incident, the worker should immediately contact the
Communications Center of the state police in South Charleston at 304-746-2158. The state
police will determine their response depending upon the circumstances of the incident. It
should be noted that the state police may not be able to respond to all serious injury and
sexual abuse referrals due to staffing issues. Local law enforcement should also be notified
as stated above, and the state police, if unable to immediately respond, could lend any
necessary assistance to the local law enforcement agency during the course of the
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investigation.
When sending the CPS Referral for Law Enforcement to state police on non-emergency
allegations within 7 days, the worker will include the following information:
any demographic information that was missing from the original referral;
the law enforcement agency investigating the referral;
county of the law enforcement agency investigating the referral;
date of referral to the investigating law enforcement agency;
the CPS worker and supervisor assigned to the referral;
the contact numbers for the worker and supervisor;
whether or not there were previous referrals on the maltreater;
whether or not the referral is being tracked by an MDIT in the county.
names and contact numbers for all medical providers, if available.
The additional information listed above can be documented by accessing the referral from the
DDE reports, adding the documentation, then saving (with new name) in Word. The
document should then be sent to the state police unit via GroupWise email at
statepolice@wvdhhr.org or by writing STATE POLICE, CPS. The subject title for the email
must list the date, CPS REFERRAL and the county name where the incident occurred. For
example: 05 28 2007 CPS Intake Jefferson County. It is very important that the county name
be included and spelled correctly as the emails are filtered according to county name and
directed to the appropriate officer. If the officer needs additional information or consultation,
s/he will contact the county supervisor to coordinate information exchange or to set up
interviews.
CPS and law enforcement who already participate in locally established MDIT meetings can
continue to exchange information in a fashion already established.
When dealing with referrals that require law enforcement involvement, every effort should be
made by CPS staff to engage local law enforcement at the beginning, before the very first
interview, and conduct the mutual investigations jointly. The CPS worker should allow the
police officer to take the lead in questioning family members and collaterals. The CPS worker
should take the lead in interviewing all children, especially the child victim(s). This, however,
in no way negates CPS’ responsibility for the timely completion of interviews and
assessments. These interviews should occur in a neutral, child-friendly environment, such as
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a Child Advocacy Center, where video and sound recording are available.
If law enforcement is not immediately available to assist in the interview protocol, CPS is to
proceed with interviewing the children, including child victim(s) and non-maltreating parent,
ensuring that the needed safety responses are in place before concluding the interviews.
Immediately contact law enforcement to establish the date and time for the interview with the
alleged maltreater. If a timely joint interview with the maltreater (within 45 days) cannot occur,
CPS is to proceed with the interview of the alleged maltreater.
CPS will still follow policy section 2.22 Reports Involving Requests from Law
Enforcement, when conducting courtesy interviews.
At the conclusion of the investigation, the worker will send a copy of the completed
investigation to the investigating law enforcement agency, the state police and the
prosecuting attorney. There is no need to send the safety assessments or safety plans.
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