Emergency Response Referrals Alleging Abuse In Out-of-Home Care Regarding Children Who Are Under DCFS Supervision
0070-548.05 | Revision Date: 1/4/2021

Overview

This policy reviews the process of investigating child abuse/neglect allegations for child who are residing in out-of-home care and the steps the investigating CSW must follow to prepare for, conduct, document and close an out-of-home care referral.

Table of Contents

Version Summary

This policy guide was updated from the 01/26/18 version to include information regarding staff assessing for personal safety and developing a personal safety plan prior to making any face-to-face contact.

POLICY

Investigating a New Referral In an Open Investigation or Case

All new referrals on a child in an open investigation or case must be responded to with the same protocols as any other referral and avoid impacting an ongoing case worker’s relationship with the family or caregiver. The investigation must be conducted by an ER/ERCP CSW. For families serviced by vertical case planning such as the American Indian Unit, best practice indicates a separate CSW other than the case carrying CSW will conduct the investigation in order to have an unbiased, independent assessment of the allegation.

The decision to remove a child from the home shall be made in consultation with the affected case carrying CSW and the ER CSW investigating the referral and with the approval of his/her SCSW. If there is a disagreement the matter shall be resolved through the chain of command. If there is no resolution, the ARA of the ER CSW will make the final determination. It will be the responsibility of the case carrying CSW to place the child, unless the child was removed by ERCP, in which case the ERCP CSW is responsible for placing the child.

In situations where the case carrying worker has taken the child into temporary custody, they will be responsible for completing the SDM Safety and Risk Assessment.

Personal Safety Assessment and Plan

Prior to any face-to-face contact, CSWs are to assess for their personal safety by reviewing all CWS/CMS case files/documents for any safety warnings/alerts. If any personal safety concerns are identified, CSWs are to consult with their SCSW/Manager and a personal safety plan is to be developed and documented in CWS/CMS prior to making any face-to-face contact.

Assessment of the Child

Child abuse investigations must be completed within thirty (30) calendar days of the initial face-to-face contact.  The purpose of an initial Emergency Response Investigation and Emergency Response Assessment is to determine:

  • If Child Abuse/Neglect occurred
  • If the child’s immediate safety is a concern and, if it is, the interventions that will ensure the child’s protection while keeping the child within the family or with family members(e.g., kinship care or subsidized guardianship), if at all possible
  • If there is a risk of future maltreatment and the level of that risk
  • If continuing DCFS services are needed to address any effects of child abuse/neglect and to reduce the risk of future maltreatment

Each child’s safety and well-being should be assessed based upon the following variables, and must be documented before closing a referral:

  • health/physical condition (including bruises and body marks)
  • condition of the home
  • child vulnerability
  • family and/or environmental stress
  • parenting skills(discipline used by parents or caregivers)
  • parent’s substance abuse
  • availability of day care
  • Pertinent medical/psychological/police reports (including attempts to obtain these reports)
  • Pertinent Collateral Contacts (including attempts to contact collateral contacts)
  • ability of the family to provide for the safety and well-being of the child
  • impact of any mental health problems (child and/or parent)
  • family’s support system
  • ability of the family to meet the child’s immediate needs for supervision, food, clothing, medical and mental health care
  • impact of any domestic violence in the home

Investigating CSWs may obtain confidential medical and mental health information relevant to an incident of suspected child abuse or neglect without submitting a written request per the authority granted by Civil Code 56.10 & 56.104.

All allegations are to be investigated thoroughly.  The CSW should assess if any other safety threats are present and if necessary add allegations to the referral. When concluding the investigation, it must be determined if child abuse or neglect has occurred. If child welfare services are not necessary, the referral should be closed as appropriate.

Collateral Contacts

CSWs are to contact all pertinent collateral contacts that will help in understanding the nature and extent of the alleged child abuse/neglect, and in assessing the risk to and safety of the child.

In situations where referral closure is delayed due to unsuccessful attempts to make contact with a collateral contact/agency or the delayed receipt of a written report, and based on the information gathered so far the allegation(s) in the referral appears to be unfounded and/or inconclusive and the child appears to be safe, the referral may be closed in consultation with the SCSW if all of the following exist:

  • No SDM safety threats were identified or if identified, it has been clearly documented how they were resolved
  • All attempts to contact and/or requests to obtain written reports are clearly documented in the Contact Notebook
  • The Investigation Narrative clearly documents how the allegations were concluded based on the evidence obtained and interviews completed throughout the investigation

Child Abuse Multidisciplinary Team (MDT)

The establishment of a Child Abuse MDT allows provider agencies (e.g. social services, children services, health services, mental health services, probation, law enforcement, and school) to share confidential information in order to:

  • Investigate reports of Suspected Child Abuse or Neglect made pursuant to the CANRA
  • For the purpose of child welfare agencies making a detention determination

A Child Abuse MDT only requires two or more persons trained in the prevention, identification and treatment of child abuse and neglect, who are qualified to provide services.  The team may include the CSW and at least one of the following: (this is not an exhaustive list of people that may participate in an MDT)

  • Psychiatrists, psychologists, marriage and family therapists, or other trained counseling personnel
  • Police officers or other law enforcement agents
  • Medical personnel with sufficient training to provide health services
  • Social services workers with experience or training in child abuse prevention
  • Any public or private school teacher, administrative officer, supervisor of child welfare attendance, or certified pupil personnel employee

Members of a MDT can:

  • Disclose/exchange confidential information & writings telephonically and electronically (given adequate verification of the identity of the MDT member involved in that disclosure or exchange of information)
  • Exchange information during a thirty (30) day period, or longer if documented good cause exists, following a report of suspected child abuse or neglect

Information must be believed to be generally relevant o the prevention, identification, or treatment of child abuse. Any discussion related to the disclosure or exchange of information or writings during the MDT meeting is confidential and notwithstanding any other provision of law, testimony concerning that discussion is not admissible in any criminal, civil, or juvenile court proceeding.

Reporting a Child Death to the Child Protection Hotline (CPH)

CPH must be notified when a child on an open case or referral has died even if child abuse or neglect is not suspected.  Follow the steps outlined in Reporting and Recording Child Fatalities and Near Fatalities.

Individualized Investigation Narrative

For the Individualized Investigation Narrative, the following steps are required:

  • The CSW completes the initial interview with the referred family
  • The CSW and SCSW have an in-person work plan case conference to discuss investigative components, next steps, and the rationale for those steps.
  • Additional conferences may be required as the investigation develops
  • The SCSW documents the work plan by entering a contact in CWS/CMS
  • The CSW completes the investigation and documents the findings and the rationale on the Individualized Investigation Narrative document

Out of Home Care Investigation Section (OHCIS)

OHCIS conducts supplementary investigations for the purpose of determining if foster/group/STRTP homes that have been subjects of ER referrals remain appropriate for use as placement resources.

OHCIS places an investigative hold on a home when a child has been removed from the foster homes as the direct result of an allegation of abuse, neglect and/or exploitation in the home. OHCIS determines when to lift the hold.

PROCEDURE

Generating a Referral for the Investigation

CPH CSW Responsibilities

  1. Assign the Emergency Response referral to the office where the out-of-home caregiver, whom the allegations are made against, resides.
  2. Send all case-carrying CSWs and their SCSWs who have a child residing in the home an “Information to CSW” form that notifies that CSW of the referral and what office was assigned to respond to the referral.
    • For STRTPs, an “Information to CSW” form will only be sent to the affected CSWs who have a child named on the referral.
  3. Fax the Emergency Response Document and Screener Narrative to CCL on a flow basis.
    • For referrals regarding STRTPs or FFA certified home, fax or e-mail a copy of the Emergency Response Document and Screener Narrative to the Out-of-Home Care Management Division.
  4. Attach any prior Child Welfare History regarding the caregiver to the referral.
  5. If an out-of-home caregiver is identified as a perpetrator, create a new Client Notebook for the alleged perpetrator and identify them as “SCP/Res. Facility Staff” in the Allegation Notebook.
  6. If caregiver has children of their own, create a separate referral for the children placed in the home as well as a separate referral for the biological children, stepchildren, including any children adopted by the caregiver.
    • Assign both referrals to the same office responsible for investigating the alleged abuse in out-of-home care.
  7. If any foster children placed in the home are not named as victims of child abuse or neglect, use an allegation that most closely corresponds, such as neglect, physical abuse, caretaker/incapacity, etc.  Do not use substantial risk as an allegation.
  8. Utilize the following naming convention:
    1. If the child is placed with a relative, nonrelative extended family member, legal guardian, foster parent use the last name, fist name, type of caregiver, and response time.
    2. If the referral has several unrelated children from the same foster parent use the foster mother’s last name, first name, type of caregiver (FP), and response time.
    3. If the child is placed in a Foster Family Agency certified home, use the FFA’s name, type of facility (FFA), and response time.
    4. If the child is placed in a STRTP, use the STRTP name, type of facility (GH), and response time.
  9. Flag any referral involving referrals alleging abuse in out-of-home care regarding children who are under DCFS supervision by indicating “Out-of-Home Abuse” in the Screener Alert Field.
  10. If a referral is received regarding out-of-home abuse and the caregiver resides outside of LA County, assign the referral as follows:

Location of Child’s Placement

Office Assignment

San Bernardino County

Glendora

Riverside County

Pomona

Orange County

Santa Fe Springs

Ventura County

West San Fernando Valley or Santa Clarita

Kern County

Lancaster

San Diego County

Lakewood

Preparing for the Investigation

ER/ERCP CSW Responsibilities

  1. Create a History of Placements in the home on CWS/CMS to obtain a list of children currently or previously placed in the facility.
    • Select a date range of six (6) months from the date of the referral.
  2. Review all prior referrals/cases on CWS/CMS involving the caregiver and alleged perpetrators listed on the current referral. SCSW/CSW must use professional judgment to determine if additional review of the referral/case is necessary. 
    1. Consult with the SCSW to determine if a CWS/CMS search should be conducted on other adults residing in the home.
    2. If necessary, use the following tools to complete a thorough CWS/CMS search.
      1. Instructions for Accessing Out-of-County Referral/Case Records on CWS/CMS
      2. CWS/CMS Search Tips for Child Abuse Referrals
      3. Contact your COA for State read access
    3. Confirm caregiver completed any previous case plans and/or other planned services.
      1. If it is not possible to determine compliance on CWS/CMS, request the hard copy of prior referral and cases be retrieved from storage and review them upon receipt.
  3. Contact the Out-of-Home Investigations section regarding STRTP or Foster Family Agency homes to obtain any prior reports of child abuse in the home or facility, prior to responding to the referral, whenever possible. Consult and collaborate with OHCMD's Out of Home Care Investigations Section (OHCIS) during the course of the investigation.
  4. Contact Community Care Licensing (CCL) regarding licensed foster home or small family homes to obtain any reports of child abuse in the facility.  Contact CCL prior to responding to the referral whenever possible.
    1. Ask to speak to a duty worker and identify yourself as a DCFS ER CSW who is conducting a child abuse investigation.
    2. Be prepared to provide them with the caregiver’s foster care license number.
  5. Utilize CWS/CMS and contact the Resource Family Support and Permanency Division (RFSPD) for prior reports of child abuse or neglect in the home for relative and nonrelative extended family members.
  6. Contact the reporting party/mandated reporter, if known, to verify and obtain additional information that can be used to assess the validity of the allegations and the well-being of each child.  Document all contacts and attempted contacts in the Contact Notebook.  Contact with the reporting party or mandated reporter will count as a pertinent collateral contact.
    1. If the reporting party/mandated reporter is not reached after three (3) attempts and there is an address on file, send a certified letter to the reporting party/mandated reporter explaining the attempts made and request a telephone response to the letter.  If the referral has remained open due to no contact with the reporting party/mandated reporter, once the return receipt for the certified letter is received, the referral may be closed as long as nothing else is pending.
    2. If necessary, request the assistance of SCSW or supportive staff that can assist in contacting the reporting party/mandated reporter.
  7. Contact the assigned CSW/SCSW for each child placed in the caregiver’s home, inform them of the allegations on the referral.  For STRTP placements, it is only necessary to interview the child(ren) named on the referral and any child who may have witnessed or had knowledge of the alleged abuse.
  8. Review the Family & Children’s Index (FCI) Report for collateral information.
    1. If the report indicates that the family had contact with other public agencies, all the public agencies listed on the report must be contacted in the early stages of the referral investigation process to avoid delaying the referral’s closing. All contacts and attempted contacts with the agencies should be documented in the Contact Notebook.
    2. Referrals cannot be closed or promoted to a case until after all FCI hits are followed up on, with the following exceptions:

      Type of FCI Hit

      Reason for Exception

      DCFS Matches

      • Information can be downloaded from CWS/CMS or WCMIS/CIS records

      Hits that have been followed-up in a prior DCFS investigation

      • Information should be documented in that case record or in CWS/CMS.
      • Care should be taken that the current FCI hit is an exact record match to the one referenced in prior referral history.
      • Document that the record was reviewed.

      FCI hits which occurred prior to a prior referral

      • Information can be obtained from the CWS/CMS or hardcopy record from the previous investigation.
      • Any subsequent FCI hits after the last prior referral are subject to further investigation or must be cleared

      FCI hits from LASD or LAPD (or other law enforcement agencies)

      • Prior referral folder & CWS/CMS contains a full documentation of the outcome of the incident (potentially including police reports).
      • Check E-SCARS to confirm the law enforcement disposition is the same as stated in the prior referral investigation.

      DMH hits

      • Information is available via a current therapist, can be obtained via parental consent or via an MDT outside of the DMH centralized FCI unit.
    3. If FCI participating county departments or partner agencies do not respond within 5 business days from the time the request was made, contact the DCFS FCI leads at FCILead@dcfs.lacounty.gov with the following information: FCI record number, name of participating department, and participating agency contact name.
      • Do not close the referral without receiving a response from the FCI leads. A response should be received within 3 business days.
  9. Evaluate whether to use Law Enforcement to conduct a concurrent investigation and/or to assist in the investigation, particularly on the following referrals:
    • Physical abuse
    • Sexual abuse
    • Severe neglect
    • Domestic violence
    • Any other type of referral when law enforcement and DCFS mutually agree
  10. Consult with the Public Health Nurse (PHN) within three (3) days of receiving a referral regarding:
    1. Chronic medical conditions such as:
      • Diabetes
      • Asthma
      • Seizures
      • Any condition that requires use of equipment, daily medications or treatment
    2. Serious medical conditions such as:
      • Shaken Baby Syndrome
      • Failure to thrive
      • Allegation of severe neglect
      • Allegation of general neglect where it is determined that a chld has known or suspected medical or developmental condition
      • Any hospitalized child
  11. Prior to closing the referral, the CSW and PHN will determine and complete the most appropriate course of action, which may include, but is not limited to: a joint CSW/PHN visit, the need to obtain additional medical information, and/or a referral to a specialty provider or agency.
    1. If the child has a recent HUB or other medical professional evaluation, a mandatory consultation with the PHN is required. The PHN will assess and determine the need for a joint visit based on the information obtained from the recent medical evaluation.
    2. If there is a difference in opinion between CSW and PHN on the need for a joint visit, consult the SCSW and PHN Supervisor.
    3. If a child meets the MCMS Intake Criteria, consult with Medical Case Management Services (MCMS) Unit.
  12. For referrals with mental health concerns, in consultation with the SCSW, determine if it is necessary to consult with the co-located Department of Mental Health (DMH) professionals and/or the Coordinated Services Action Team (CSAT) team leads Service Linkage Specialist (SLS) or Multidisciplinary Assessment Team (MAT) Coordinator representing the Bureau of Clinical Resources and Services. Document this consultation in the Contact Notebook.
    1. If an Upfront Assessment has been completed, as part of the current referral investigation, this consultation is not necessary
    2. ERCP does not have co-located DMH staff. A follow-up to the region will be made to complete this consultation

ER/ERCP SCSW Responsibilities

  1. If a referral is received which is likely to result in the removal of the child, contact the SCSW of the effected CSW to alert them of the possibility of the removal and to have the CSW or duty CSW be available for the possible placement of the child.
  2. If a referral is received which is likely to result in the ER CSW being in the field beyond their normal shift and there is a likelihood that removal of the child will be necessary, contact the ERCP to alert and prepare them for the possibility of assisting the ER CSW.

Case-Carrying CSW Responsibilities

  1. Notify the child’s attorney within thirty-six (36) hours of receipt of the referral using the DCFS 5402.

Personal Safety Assessment and Plan

ER/ERCP and Case-Carrying CSW Responsibilities

  1. Prior to any face-to-face contacts, CSWs are to assess for their personal safety by reviewing all CWS/CMS case files/documents for any safety warnings or alerts. If CSWs have any concerns for their personal safety, they are to consult with their SCSW or Manager prior to making any face-to-face contact and a personal safety plan is to be developed and documented in CWS/CMS. Personal safety plans may include, but are not limited to the following:
    • Requesting law enforcement assistance (i.e. call logs, escort, running CACI/CLETs for criminal history, use ERIS/ERIIS, etc.)
    • Pairing up with a co-worker, using a “Buddy System” to conduct face-to-face contacts
  1.  
  2. All identified safety concerns (i.e. threats/acts of violence by a client, gang activity, etc.) are to be documented in the CWS/CMS ID tab under the Case Alert Field in the following format:

Example:

“The minor’s mother made verbal threats to CSW, see contact dated 01/01/2020 for more details.”

ARA Responsibilities

  1. Submit a Security Incident Report (SIR) as outlined in Management Directive 95-06

SCSW/Manager Responsibilities

  1. Address CSW’s personal safety concerns and, together with the staff, develop a personal safety plan
  2. Ensure that a personal safety plan is identified, developed, and documented in CWS/CMS prior to CSWs making any face-to-face contact.
  3. Verify that all identified safety concerns are documented in CWS/CMS in the Case Alert field.

Conducting the Investigation

ER/ERCP CSW Responsibilities

Investigations should include an assessment of all safety threats present beyond the allegations on the referral. If discovered, new allegations must be added to the referral. All interviews, as well as attempts to obtain information related to the investigation, must be documented in detail in the Contact Notebook.

  1. If exigent circumstances do not exist, obtain consent from the out-of-home caregiver to enter the home and/or interview a child.
  2. Account for the whereabouts of all children placed in the home.
    1. Interview alleged victim(s) and all the children in the home regarding the allegation(s) individually and privately.
      1. Document if the children were interviewed individually and privately, and if not, why.
      2. For further guidance, follow the steps outlined in Interviewing the Alleged Child Victim at School and Visual Inspection of Children.
    2. If the caregiver has children of their own:
      1. Locate, interview and assess each child for possible abuse/neglect.
      2. If the caregiver’s children are victims of abuse/neglect and/or at risk, make a cross report to the Child Protection Hotline.
    3. If the caregiver resides outside of Los Angeles County and the caregiver’s children are not under the jurisdiction of Los Angeles County DCFS, contact the Child Protection Agency for that county to report the abuse of the caregiver’s own children.
  3. If there are children placed by Probation, Regional Center or Department of Mental Health, not named on the referral, these children must be interviewed and assessed for possible abuse/neglect. 
    1. If there is a suspicion of abuse or neglect or they are at risk of abuse or neglect, contact the Child Protection Hotline to make a referral regarding these children.
      1. Notify the placing agency of the referral as soon as possible and obtain any relevant information that may be useful in the completion of the investigation.  Take appropriate action if the children are at risk.
  4. Provide and complete the following with the out-of-home caregiver:
    1. Provide the out-of-home caregiver with DCFS 2457, Civil Rights Information Form and the Civil Rights Pub 13 Pamphlet.
    2. Have the caregiver sign and date form DCFS 485, Primary Language Designation Form and ensure that their communication needs are met.
      1. If a caregiver provides his/her own interpreter, complete the DCFS 74A, Interpreter Usage and Consent for Release of Information.
      2. If a child (under 18 years of age) is used as an interpreter, document the circumstances requiring temporary use of the interpreter in the case record of the Contact Notebook.
      3. If bilingual services were provided, document the method used in the Contact Notebook.
    3. If information from outside agencies needs to be obtained and/or verified, have the parent/legal guardian complete the Applicant’s Authorization For Release of Information (ABCDM 228).
  5. Inquire with the caregiver and the child(ren) residing in the home if anyone new, 14 years and older, is living in the home.
    1. If the child resides in the home of a relative or nonrelative extended family member, direct the caregiver(s) and the new member of the household to the appropriate Live-Scan location to get Live-Scanned within ten (10) calendar days.
    2. If the child resides in a licensed foster home or small family home, contact Community Care Licensing (CCL) to report the fact that someone has moved into the home.
  6. Interview the caregiver and all other adults residing in the home and whenever possible the alleged perpetrator. 
    • Inform alleged perpetrator in private of the allegations against them and subsequent reporting to the Department of Justice if the allegation is substantiated.
  7. For STRTP placements, interview available staff who had direct supervision and care of the alleged victim, other individuals that witnessed the alleged abuse and/or neglect, and the STRTP Administrator, whenever possible.
  8. For FFA certified homes, contact the FFA Administrator.
  9. Document all contacts and findings in the Contact Notebook.
  10. Complete the Structured Decision Making (SDM) Safety Plan when:
    • A safety threat is identified
    • After consulting with SCSW, it is determined safe to leave the child in the home with appropriate short-term interventions to mitigate the safety threat(s)
    • Mitigation interventions are implemented and documented in the Safety Plan
  11. Refer the family/child to the following services/programs where appropriate:
  12. If one or more safety threats are present and the child is in imminent danger of serious bodily injury and there is not enough time to obtain a removal order, and the only protecting intervention possible is replacement, obtain SCSW approval and take the child into temporary custody.
  13. If new allegations are discovered, consult with the SCSW to determine if the allegations should be added to the referral. All allegations other than General Neglect should be reported to the Child Protection Hotline (CPH).
    1. Inform the CPH of the open referral so the new allegation can be added to the existing referral.
    2. The CPH will cross-report any applicable allegations to required agencies by sending the SCAR-SS 8572.
  14. Case conference with SCSW to inform him/her of information obtained and to determine the next steps in the investigation.
    • Additional conferences may be required as the investigation develops.
  15. Create “At Risk, Sibling Abused” allegations for any siblings for whom safety is investigated but no allegations currently exist.
  16. If safety threats exist, and there are mental health concerns within a referral but an upfront assessment has not been conducted, consult with the co-located Department of Mental Health professionals and/or the CSAT team leads (SLS/MAT Coordinator) representing the Bureau of the Medical Director.
  17. Make all reasonable efforts to contact pertinent collateral contacts that may have knowledge of the child’s alleged abuse or neglect. Document all contacts and attempted contacts in the Contact Notebook.

Examples of pertinent collateral contacts include:

Child aged 0-59 months

  • At least one professional (licensed day care provider or pediatrician)

School Age Child

  • Educational professionals

Referrals with open cases or history of open cases or referrals

  • Current or previous CSW(s)

Other examples

  • Neighbors, Teachers, Physicians, Therapists, Parole Officers, Probation, etc.
    1. Ask about:
      1. The care and well-being of each child.
      2. Concerns about the child’s safety.
      3. Caregiver’s ability to meet the child’s needs.
      4. Other information about the caregiver to assess the validity of the allegations.
    2. Do not reveal details of the allegations. Indicate that you are checking on the “safety and well-being of the children”.
  1. Request all available written reports, photos and other documents that will assist in determining whether child abuse or neglect occurred. Document all attempts to obtain these reports in the Contact Notebook.
  2. If the allegations are physical abuse, sexual abuse, and/or severe neglect:
  3. Contact Law Enforcement to get an update and/or outcome of their investigation.
  4. Request Police Report.
  5. If available, retrieve information from E-SCARS.
  6. If a caregiver was not identified as an alleged perpetrator and is subsequently identified as such:
  7. Create a new Client Notebook for the alleged perpetrator.
  8. Identify the alleged perpetrator as “SCP/Res. Facility Staff” in the Allegation Notebook.
  9. Cooperate with any investigations being conducted by other counties, agencies or departments.
  10. Interview alleged child victim(s) with law enforcement, as appropriate and as needed.
  11. Assist in the gathering of evidence.
  12. Avoid compromising evidence collected by law enforcement.

Documenting the Investigation

ER/ERCP CSW Responsibilities

  1. Complete the SDM Substitute Care Provider Safety Assessment within two (2) business days of initial contact for all referrals.
    • If necessary, a Safety Assessment can be completed on a second household where there are no allegations.
  2. If there is an allegation of physical abuse, or the CSW comes to suspect it, complete the DCFS 550, Body Chart.
  3. Document the following in the Contact Notebook:
    • Observations and facts gathered from all sources and witnesses.
    • All contacts and attempted contacts made with the reporting party and pertinent collateral contacts.
    • Relevant information from all available written reports such as police reports, Up-Front Assessments, medical evaluations, probation/parole reports and mental health history on children and/or parents.
    • Document all efforts to obtain these documents and the results of these efforts.
    • File these reports and photos in the case file.
    • All referrals to outside agencies or services provided to the family.
  4. Update all fields of the referral, including information in the Client Notebook
  5. Ensure that the correct perpetrator and/or perpetrator type is listed in the ID page and that the Occurrence Information is correct.
  6. If the family unit names or state ID numbers need to be corrected, submit a DCFS 264 to the Search, Attach, Assign and Merge (SAAMs) Unit and provide them with any requested information.
  7. If applicable, complete the Near Fatality grid on the Demographics page of the Client Notebook.
  8. If applicable, conduct a subsequent FCI search for all additional household members or persons associated with the home discovered upon the initial contact.

Concluding the Investigation

ER/ERCP CSW Responsibilities

  1. Ensure the appropriate disposition is made for each allegation. Each allegation must have one of the following dispositions:
    • Unfounded
    • Substantiated
    • Inconclusive
  2. Clearly document in the Contact Notebook the reasons for why and how the allegations were concluded, including how any safety threats were resolved.
  3. For each allegation, enter the "Start Date" and "End Date" "Number of Occurrences" and the "Location of the Incident." Refer to Instructions for Entering Occurrence Information in CWS/CMS.
  4. At the conclusion of the ER referral investigation, notify the following parties of the results of the investigation:
  • For a referral on a licensed foster home, small family home, FFA certified home, or STRTP, notify the affected CSW(s), the Out-of-Home Care Investigations Section (OHCIS), and Community Care Licensing (CCL).
  • If any of the children were placed by Probation, Regional Center, or Department of Mental Health, contact the placing agency and notify them of the results of the investigation, including the need to find a new placement for the child.
  1. When the children are removed from a Resource Family home, licensed foster home, small family home, FFA certified home, or STRTP/group home and/or there is concern that other children placed in the future will be at risk, consult with the SCSW and ARA regarding the facts of the referral.
    • If a child has been removed from the foster home as the direct result of an allegation of abuse, neglect and/or exploitation in the home, notify OHCIS within 72 hours of the removal of the children. 
    • Email the assigned OHCIS investigator if known or
    • Call OHCIS at (626)569-6805 during regular business hours and ask to speak to the OHCIS Duty Manager of the day
  2. Document all contacts with the DCFS Out-of-Home Care Management Division and CCL and their responses in the Contact Notebook.
  3. If a safety threat was previously identified and has since been resolved, complete a second SDM Substitute Care Provider Safety Assessment to indicate that safety threat(s) no longer exists.
    • Do not close a referral if there are current safety threats, even if it is covered by a safety plan.
    • If unresolved safety threats remain present at the end of the investigation, promote the referral to a case, regardless of risk level.
  4. Copy and paste the Individualized Investigation Narrative Template on LA Kids to create the Investigation Narrative on CWS/CMS. Since the Investigation Narrative is used by all offices, do not revise the template. When using the Investigation Narrative:
  5. Clearly document how the allegations were concluded.
  6. Include the results of the review of previous case records, including contact with the children’s CSW(s) or SCSW.
  7. Include the findings of the SDM Substitute Care Provider Safety Assessment; include description of any Safety Plan implemented.
  8. Document caregiver’s compliance or lack thereof with recommendations of prior referrals.
  9. Include the caregiver’s foster care license number in the report.
  10. If applicable, document any concerns regarding the general care and quality of life being provided to a child in out-of-home care.
  11. Include all relevant information contained in police reports, medical reports, therapist reports, etc.
  12. The ‘Assessment of all types of abuse and neglect findings’ section must be completed in the Investigation Narrative as it is not covered in the Detention Report.
  13. Cross-reference the Contact Notebook where details of the investigation are to be documented.
  14. Select a Client Disposition for each child in the referral and obtain SCSW approval.
  15. If the dispositions of all allegations are determined to be unfounded, the ER investigation can be closed and no further action is necessary.
  16. If the disposition of any of the allegations is determined to be substantiated or inconclusive, the ER investigation will be closed and proceed as follows:

    Type of Placement

    Action Required

    STRTP/ Foster Family Agency/ Licensed Foster Home/Small Family Home

    • Refer to Out-of-Home Care Management Division and CCL
    • Within five (5) working days of completing the investigation, forward a copy of the Emergency Response Referral Document, Screener Narrative, Investigation Narrative and SDM Substitute Care Provider Safety Assessment to the Out-of-Home Care Management Division

    Resource Family Home, Relative or Nonrelative Extended Family Member

    • Within five (5) working days of completing the investigation, forward a copy of the Emergency Response Referral Document, Screener Narrative, Investigation Narrative and SDM Substitute Care Provider Safety Assessment to the Case-Carrying CSW
  17. Ensure all children named on the referral with open cases are attached to the referral.  This will allow the case-carrying CSW to view contact information and open all referrals associated to their case.
  18. If the disposition of any allegation, other than general neglect, is substantiated and there is an identified perpetrator:
  19. Complete and print the BCIA 8583 in CWS/CMS for each known or suspected abuser and mail it to DOJ.
  20. Complete the SOC 832 and mail it along with the SOC 833 and SOC 834 to each known or suspected abuser within five (5) business days of the submission of the BCIA 8583 to DOJ.
  21. Complete and mail the DCFS 196 to the caregiver(s).
  22. Inform the mandated reporter of the results of the investigation and any action the agency is taking with regard to the child/family.  Document the method used to inform the mandated reporter in CWS/CMS.
  23. Submit the following documentation to SCSW, for approval and for the ARA’s review, when applicable:
  24. Referral
  25. SDM Substitute Care Provider Safety Assessment
  26. SDM Safety Plan

ER/ERCP SCSW Responsibilities

  1. Case conference with CSW to determine the investigative work plan for the referral and the rationale for those steps.
    • Document the work plan in the Contact Notebook.
    • As the investigation develops, case conference as needed.
  2. Activate/Deactivate applicable Safety Alerts confirmed by the ER CSW in the ID page of the Client Management Section.
  3. Reasons for Safety Alert Activation include:
    • Dangerous Animal on Premise
    • Firearms in Home
    • Hostile
    • Aggressive Client
    • Threat of Assault on Staff Member
    • Remote or Isolated Location
    • Severe Mental Health Status
    • Gang Affiliation or Gang Activity
    • Dangerous Environment
    • Other
  4. Review the online referral in its entirety, SDM Substitute Care Provider Safety Assessment, SDM Safety Plan, all prior referrals/cases and when appropriate, hard copy case files.
  5. If a referral is being submitted for closure:
  6. Approve the disposition for each child in CWS/CMS and the SDM tool(s) and Safety Plan.
  7. ARA approval is required whenever closing a referral regarding an out-of-home caregiver when there is a prior history of five or more referrals or there were two prior referrals in the past 12 months.
  8. Approve the disposition of the referral as “Pending Higher Approval” and if applicable, submit to the ARA for review and approval.
  9. If necessary, return the referral to the CSW for corrective action.

ER/ERCP ARA Responsibilities

  1. Consult with the CSW and SCSW regarding facts of the case when ARA approval is required.
  2. Review the online referral in its entirety including all prior referrals/cases and when appropriate, hard copy case files.
  3. Approve the decision by:
  4. Signing and dating the Investigation Narrative.
  5. Approving the Client Disposition for the child on CWS/CMS.
  6. Returning the referral and supporting reports to the SCSW.
  7. If necessary, return the referral to the SCSW for corrective action.

Out-of-Home Care Management Division Responsibilities

  1. Upon being notified of the removal of children from a licensed foster home, small family home, or FFA certified home due to allegations in the home, place an Investigative Hold on home and update CWS/CMS to reflect the home is on an Investigative Hold pending the completion of OHCIS' investigation.
  2. When an Investigation Hold is placed on a licensed foster home, small family home, or FFA certified home, notify the licensee in writing that an Investigative Hold has been placed on their home.
  3. Upon completion of the OHCIS supplementary investigation, determine if it is appropriate to remove the Investigative Hold on the home:
  4. If it is determined the Investigative Hold can be removed, update CWS/CMS and notify the licensee that the Investigative Hold has been removed from their home.
  5. If it is determined the licensee’s home is not appropriate for the placement of DCFS children, update CWS/CMS by indicating that the home has been placed on Indefinite Hold Status and notify the licensee in writing that the home is no longer a placement resource for DCFS children.

Case-Carrying CSW Responsibilities

  1. Notify the court of the child’s replacement.
  2. Notify the child’s attorney of the child’s replacement using the DCFS 5402.
  3. Notify the child’s parent(s), as soon as possible, after being notified of the results of the investigation.
  4. If the child was allowed to remain in the home and a SDM Substitute Care Provider Safety Plan was put in place during the investigation, make a face-to-face contact with the child and caregiver within five (5) business days of the referral being closed to follow up with well-being and safety of the child.  The SDM Substitute Care Provider Safety Plan is no longer in effect once the referral is closed.
APPROVALS

SCSW Approval

  • Disposition for each child in CWS/CMS
  • All SDM tools used
  • Removal of a child from out-of-home care placement

ARA Approval

  • To close a referral regarding an out-of-home caregiver when there is a prior history of five (5) or more referrals or if two (2) or more referrals have been received in the past  twelve (12) months
  • To release a child back to the caregiver after a child has been taken into temporary custody by DCFS or Law Enforcement
HELPFUL LINKS

Attachments

Accessing Out-of-County Referral/Case Records on CWS/CMS

Contact Information for Out-of-Home Care Referrals

CWS/CMS Search Tips for Child Abuse Referrals

Important Reminders When Removing a Child From Out-of-Home Care

Instructions for Entering Occurrence Information in CWS/CMS

Forms

CWS/CMS

Emergency Response Document

Response to Mandated Reporter

BCIA 8583, Child Abuse or Severe Neglect Indexing Form

SOC 832, Notice of Child Abuse Central Index Listing

SOC 833, Grievance Procedures for Challenging Reference to the Child Abuse Central Index

SOC 834, Request for Grievance Hearing

LA Kids

ABCDM 228 (Spanish)(Armenian), Applicant’s Authorization For Release Of Information

Civil Rights Pub 13 Pamphlet

CSW Information/Consultation Call Form

DCFS 74A, Interpreter Usage and Consent for Release of Information

DCFS 196, Notice of Referral Closure

DCFS 264, SAAMs Inquiry & Action Request

DCFS 485, Primary Language Designation Form

DCFS 550, Body Chart

DCFS 2457, Civil Rights Information Form

DCFS 5402, Notice to Child’s/NMD’s Attorney

Individualized Investigation Narrative

FYI 18-30 DCFS Implementation of the Emergency Response Investigation Service (ERIS)

Security Incident Report (SIR)

SOC 832, Notice of Child Abuse Central Index Listing

SOC 833, Grievance Procedures for Challenging Reference to the Child Abuse Central Index

SOC 834, Request for Grievance Hearing

REFERENCED POLICY GUIDES

0050-504.05, Referral Assignment Criteria

0050-504.25, Reporting and Recording Child Fatalities and Near Fatalities

0070-501.10, Communication Needs of Non-English Speaking Clients

0070-506.11, Interviewing the Alleged Victim at School for the Purpose of Investigating a Child Abuse Referral

0070-516.15, Screening and Assessing Children for Mental Health Services and Referral to the Coordinated Services Action Team (CSAT)

0070-529.10, Assessing Allegations of Physical Abuse

0070-531.10, Visual Inspection of Children

0070-547.13, Conducting a Concurrent Investigation with Law Enforcement

0070-548.00, Community-Based Resources

0070-548.01, Child and Family Teams

0070-548.10, Investigation, Disposition and Closure of Emergency Response Referrals

0070-548.17, Completion and Submission of the BCIA 8583, Child Abuse or Severe Neglect Indexing Form

0070-548.20, Taking Children into Temporary Custody

0070-548.25, Structured Decision Making (SDM) Safety Plans

0070-560.05, Joint Response Referral: Consulting with PHNs

0070-559.10, Clearances

0070-570.10, Obtaining Warrants and/or Removal Orders

0100-570.05, Quality of Life in Out-of-Home Care

0300-503.97, Notice of Replacement Report

0300-506.05, Communication with Attorneys, County Counsel, and Non-DCFS Staff

0400-503.10, Contact Requirements and Exceptions

0600-500.00, Medical Hubs

0600-500.05, Multidisciplinary Assessment Team (MAT) Assessments and Meetings

1000-504.10, Case Transfer Criteria and Procedures

STATUTES AND OTHER MANDATES

All County Letter 07-52 - The Use of Substantial Risk as an Allegation

California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP) Division 31-125 - establishes the protocol for the social worker initially investigating a referral must determine the potential for the existence of any condition(s) which places the child, or any other child in the family or household, at risk and in need of services and which would cause the child to be a person described by Welfare and Institutions Code Sections 300 (a) through (j).

Civil Code 56.10 (c) - describes when a provider of health care or a health care service plan may disclose medical information.

Civil Code 56.104 - authorizes a health care provider or a health care service plan to disclose information relevant to the incident of child abuse or neglect that may be given to an investigator from an agency investigating the case, including the investigation report and other pertinent materials that may be given to the licensing agency.

Penal Code Section 11165.12 - establishes the definitions for unfounded, substantiated and inconclusive report.

Penal Code Section 11169(a) & (b) - states department must send reports to the Department of Justice of substantiated cases of known or suspected child abuse or severe neglect are investigated.  The department must notify in writing the known or suspected child abuser that he or she has been reported to the Child Abuse Central Index.

Penal Code Section 11170(b) (2) - states that when a report is made, the investigating agency, upon completion of the investigation or after there has been a final disposition in the matter, must inform the person required to report or authorized to report of the results of the investigation and of any action the agency is taking with regard to the child or family.

Welfare and Institutions Code Section 16501.1(c) - states that If out-of-home placement is used to attain case plan goals, the decision regarding choice of placement shall be based upon selection of a safe setting that is the least restrictive or most family-like.

Welfare and Institutions Code Section 16501.15 - states that a home or setting that is “safe” means that the home or setting is free from abuse or neglect.

Welfare and Institutions Code Section 16504 - states any child reported to the county welfare department to be endangered by abuse, neglect, or exploitation shall be eligible for initial intake and evaluation of risk services. Each county welfare department shall maintain and operate a 24-hour response system.

Welfare and Institutions Code 18961.7 - allows the formation of a child abuse multidisciplinary team for the purpose of investigating reports of child abuse or neglect.