Nonminor Dependent Safety Assessment
0070-548.08 | Revision Date: 7/1/2014

Overview

This policy provides a CSW with guidelines for assuring that a NMD is supported in a safe and stable environment and that their quality of life needs are being addressed through direct observation during the NMD safety assessment.

Table of Contents

Version Summary

This policy guide was updated from the 02/05/13 version, as part of the Policy Redesign, in accordance with the DCFS Strategic Plan.

POLICY

Safety Assessments of Nonminor Dependents (NMDs)

The Extended Foster Care (EFC) Program allows foster youth to remain in foster care and to continue to receive foster care payment benefits (AFDC-FC payments) and services until age twenty-one (21). The foster youth must continue to meet participation requirements, live in an approved or licensed facility, and meet other eligibility requirements to continue to receive benefits. Foster youth participating in the EFC program are referred to as nonminor dependents (NMDs).  Although NMDs are young adults, the Department continues to be responsible for their health, safety, and well-being.  Therefore, the Department must respond to an allegation that a NMD is endangered by abuse, neglect, or exploitation by a licensed or approved caregiver in order to determine if the placement is safe and appropriate as described in WIC 16504 (c). 

  • When an allegation regarding an NMD is reported during business hours to the Child Protection Hotline (CPH), a CSW Information/Consultation Call form will be created and sent to the case-carrying CSW to complete a safety assessment of the NMDs.
  • If the allegation is received during non-business hours and it has been determined that an immediate response is required, the CSW Information/Consultation Call form will be assigned to the Emergency Response Command Post (ERCP).
  • The ERCP does not have co-located DMH staff. If ERCP responds to the NMD safety assessment, the case-carrying CSW must consult with co-located DMH staff and/or the CSAT team leads (SLS/MAT Coordinator) representing the office of the Medical Director on NMD investigations with mental health concerns.
  • A referral must be created only when other children in the home are victims of child abuse or neglect.
  • Under no circumstances is a referral to be created when the NMD is the only victim of abuse or neglect; CWS/CMS does not allow the creation of a referral on a youth older than eighteen (18) years old. 

A NMD who is living in a Supervised Independent Living Plan (SILP) may report abuse to local law enforcement when being abused by a roommate. CSWs are not required to contact the CPH or law enforcement to report the abuse. CSWs, however, must encourage and assist the NMD as necessary. This type of abuse is not reportable to Adult Protective Services as they do not serve this population of adults.

The NMD Safety Assessment must be completed within thirty (30) calendar days of the initial face-to-face contact. The contact requirements for emergency response referrals are not applicable to NMD safety assessments. Complete the initial response to the NMD Safety Assessment Narrative as determined by the Child Protection Hotline.  At least one (1) face-to-face contact with the caregiver is required.

PROCEDURE

Preparing a Safety Assessment

Case-Carrying or ERCP CSW Responsibilities

  1. Complete the DCFS 5402, Notice to Child’s Attorney within 36 hours, informing the NMD’s attorney that a NMD safety assessment was received.
  2. Create a History of Placements in the home on CWS/CMS to obtain a list of children currently or previously placed in the home/facility. Select a date range of 6 months from the date of the referral.
  3. Contact the assigned ER worker on the referral to conduct the investigation/assessment together if a referral was created due to other victims in the home being dependent minors.
  4. When possible, prior to responding to the referral, contact the Out-of-Home Care Management Division and Community Care Licensing (CCL) regarding Group Homes, Short-Term Residential Therapeutic Programs (STRTPs) or Foster Family Agencies in order to obtain any prior reports of child abuse in the facility.
    1. If the Out-of-Home Care Management Divisions or CCL is not contacted prior to responding to the referral, contact them prior to completing the investigation.
    2. Provide the Out-of-Home Care Management Division with all documentation related to the completed investigation within 5 working days of completion of the investigation.
    3. Contact Community Care Licensing regarding licensed foster homes or small family homes to obtain any prior reports of child abuse in the facility.
      1. Speak to a duty worker and identify yourself as a DCFS CSW who is conducting a child abuse investigation.
      2. Be prepared to provide the caregiver’s foster care license number.
    4. For relative and nonrelative extended family members, utilize CWS/CMS and/or contact the Resource Family Approval (RFA) Division for any prior reports of child abuse or neglect in the home.
  5. Contact the reporting party, if known, to verify and obtain additional information in order to assess the validity of the allegations and the well-being of the NMD in the home.
  6. If the allegation is related to a physical assault, sexual abuse, exploitation, or any other allegation that is reportable to law enforcement, encourage the NMD to contact law enforcement. Assist the NMD, if necessary.
    1. A SCAR cannot be sent to law enforcement if an allegation only involves a NMD.
  7. Consult with Public Health Nurse (PHN) if the NMD has a known medical condition or if a medical problem is related to the NMD safety assessment.
  8. Consult with the co-located Department of Mental Health professionals and/or the CSAT team leads (SLS/MAT Coordinator) if the NMD has a known mental health diagnosis and/or there is a mental health concern related to the NMD safety assessment.

Conducting a Safety Assessment

Case-Carrying or ERCP CSW Responsibilities

  1. Obtain consent from the out-of-home caregiver to enter the home. If the out-of home caregiver does not provide consent to enter the home, obtain an investigative warrant.
  2. Interview and account for the whereabouts of all NMDs, all children placed in the home, the caregiver and all other adults in the home, and whenever possible the alleged perpetrator.
    • For group home placements, interview all of the following individuals:
      • The NMD named on the CSW Information/Consultation Call form
      • Any child/NMD who may have witnessed or has knowledge of the alleged abuse
      • Staff who had direct supervision and care of the alleged victim
      • Other individuals that witnessed the alleged abuse and/or neglect
      • The Group Home/STRTP Administrator, whenever possible
    • For a FFA certified home, contact the FFA administrator.
  3. Provide the out-of-home caregiver with DCFS 2457, Civil Rights Information Form and the Civil Rights Pub 13 Pamphlet.
  4. When the safety assessment reveals that there are children placed by Probation, Regional Center, or Department of Mental Health that are not named on the referral, the children/NMDs shall be interviewed and assessed for possible abuse/neglect.
    • Contact the CPH to report the abuse/neglect regarding these children as necessary.
    • 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, and take any appropriate actions if the children are at risk.
  5. An interpreter for the caregiver and/or NMD may be requested.
    • If caregiver provides their own interpreter, complete the DCFS 74A Interpreter Usage and Consent for Release of Information.
  6. Inquire with the caregiver and the children/NMDs residing in the home whether anyone new, who is 14 years or older, is living in the home.
    • For an NMD residing in the home of a relative or nonrelative extended family member, notify the caregiver and the new member of the household of their requirement to get Live Scanned at the correct Live Scan location as soon as possible and no later than 10 calendar days from the date of the interview.
    • For an NMD residing in a licensed foster home or small family home, contact Community Care Licensing (CCL) to report that someone has moved into the home.
      • CCL East (323) 981-3300
      • CCL West (424) 301-3034
  7. If the caregiver’s children are suspected victims of abuse/neglect and/or at risk, contact the Child Protection Hotline to report the abuse. The Hotline shall assign the referral to the CSW reporting the allegations of child abuse/neglect.
  8. If necessary, schedule a Child and Family Team Meeting (CFTM) to prevent a replacement of the NMD.
  9. If replacement is the only protecting intervention possible, replace to the least restrictive placement available, using relatives and nonrelative extended family members whenever possible.
  10. Contact all pertinent collateral contacts that may help in understanding the nature and extent of the alleged abuse/neglect, and in assessing if the placement continues to be safe and appropriate for the NMD.
    • Pertinent collateral contacts include: other professionals working with the NMD, parent/legal guardian, and other individuals who have regular contact with the family.
    • CSWs and SCSWs will determine the number of pertinent collateral contacts needed to understand the nature and extent of the alleged abuse/neglect and in assessing the risk to and safety of the NMD.
  11. Contact the law enforcement agency to get an update and/or the outcome of their investigation for allegations (physical assault, sexual abuse and/or exploitation) reported to law enforcement by the NMD.
    • Document the status of the investigation (initiated, pending, or not initiated) in the Contact Notebook and follow-up prior to completing the assessment.
  12. Review all prior referrals/cases that involve the caregiver and alleged perpetrators that are listed on the current assessment on CWS/CMS.
    1. Confirm on CWS/CMS the caregiver’s completion of previous case plans and/or planned services, proposed on prior referrals/cases/assessments.
    2. Request and review the hard copy of prior referrals and cases to determine fully the caregiver’s compliance.
    3. Evaluate and document the caregiver’s compliance as a risk factor in current allegations.  Determine if the placement remains safe/appropriate for the NMD.

Concluding a Safety Assessment

Case-Carrying or ERCP CSW Responsibilities

  1. Determine whether the allegation has occurred, based on all the statements of parties interviewed and evidence gathered.
    • Disposition the referral: "substantiated report," "unfounded report," or “inconclusive report"
  2. Upon conclusion of the NMD safety assessment, notify the following parties of the results of the investigation:
    • For a safety assessment on a licensed foster home or small family home:
      • The affected CSW(s)
      • Community Care Licensing (CCL)
    • For a safety assessment on a Foster Family Agency,  Group Home or STRTP, notify by phone:
      • The effected CSW(s)
      • The Out-of-Home Care Management Division
      • Community Care Licensing (CCL)
  3. When a NMD is replaced from the home and there is concern that other children/NMDs placed in the home in the future will be at risk, consult with the SCSW and ARA to put an Investigative Hold on the home by contacting the DCFS Out-of-Home Care. 
    1. For a licensed foster home or small family home removal, the ARA shall direct them to place an Investigative Hold on the home pending the completion of CCL’s investigation.
    2. For a FFA certified home removal, the ARA shall request the DCFS OHCM to consider placing an Investigative Hold on the facility, pending the completion of CCL’s investigation. 
  4. Create a NMD Safety Assessment in CWS/CMS.
    1. Use NMD Safety Assessment template.  This template must be used by all offices. No revisions may be made to it.
    2. Document the following in the NMD Safety Assessment Narrative:
      1. All observations and facts gathered during the NMD safety assessment from all sources/witnesses
      2. All alternative explanations and theories offered by all sources/witnesses and supporting information gathered by the CSW
      3. The caregiver’s compliance, or lack thereof, with the recommendations of prior referrals or cases
      4. Evaluate the pattern of compliance as a risk factor in current allegations.
      5. Determine if the placement continues to be safe and appropriate for the NMD.
  5. Inform the detective or officer as to the disposition of the allegations if Law Enforcement was involved in the NMD safety assessment.
  6. If the dispositions of all of the allegations are determined to be unfounded, the NMD safety assessment is considered completed and no further action is required.
  7. If the disposition of any of the allegations is determined to be substantiated or inconclusive, the matter must be referred to Community Care Licensing and the Out-of-Home Care Management Division for further investigation. Additionally:
    1. For Group Homes, STRTPs or Foster Family Agencies:
      • Within 5 working days of completing the NMD safety assessment, forward a copy of the CSW Information/Consultation Call form and NMD Safety Assessment to the Out of Home Care Management Division.
    2. For licensed foster homes or small family homes:
      • CSWs should forward a copy of the CSW Information/Consultation Call form and NMD Safety Assessment to CCL.
  8. Contact the care provider and mandated reporter by telephone to provide them with the disposition of the allegations.
  9. Submit the following documentation to SCSW for approval, and for the ARA’s review when applicable:
    1. CSW Information/Consultation Call form
    2. NMD Safety Assessment
    3. All documentation supporting the outcome of the assessment
  10. Following the closure of the NMD safety assessment, the case-carrying CSW or ERCP CSW that completed the assessment must be available to the Out-of-Home Care Management Division, Community Care Licensing or RFA Division, as needed, regarding their conclusions and recommendations, and when necessary to attend Recommendation Conferences.

SCSW Responsibilities

  1. Review the entire contents of the online NMD safety assessment and all prior referrals/cases on CWS/CMS, reports, contacts, NMD Safety Assessment, etc., and hard copy case files (if appropriate).

ARA Responsibilities

  1. Consult with the CSW and his or her SCSW regarding the facts of the NMD safety assessment when necessary.
  2. When applicable, for licensed foster homes, small family homes, group homes/STRTPs and FFAs, contact the DCFS Out-of-Home Care Management Division by phone and direct/request them to place an Investigative Hold on the home.

Out-of-Home Care Management Division Staff Responsibilities

  1. Upon being notified to place an Investigative Hold on a licensed foster home, small family home, group home, STRTP or FFA certified home, update CWS/CMS to reflect that the home is on an Investigative Hold pending the completion of Community Care Licensing’s investigation or OHCIS’s determination for FFA certified homes.
  2. Within one business day of placing an Investigative Hold on a licensed foster home, small family home, group home, STRTP or FFA certified home, notify the licensee and CCL in writing by way of a Vendor Notification letter that an Investigative Hold has been placed on the home. Maintain a copy in the office file.
  3. Upon receipt of Community Care Licensing (CCL) investigation Report, review CCL’s findings and take the following actions:

Community Care Licensing (CCL) Determination*

Out-of-Home Care Management Staff Responsibility

The caregiver’s license will not be revoked

  • Review the report.
  • Refer to the Out-of-Home Care Management Division for a reassessment to determine whether to remove the Investigative Hold on the home.

The Investigative Hold can be removed from the home

  • Update CWS/CMS by removing the Investigative Hold.
  • Notify the licensee by letter that the Investigative Hold has been removed.

The licensee’s home is not appropriate for the placement of DCFS children/NMD 

  • Update CWS/CMS by indicating the following “Not a Placement Resource pursuant to WIC 16501.1(c) and 16501.15.”
  • Notify the licensee by letter that due to a sustained allegation of abuse/neglect as defined under the Penal code, the Department does not view their home as a placement resource.

The caregiver’s license has been revoked

  • No further action is necessary.

* The findings of the CCL investigation may require a change to the disposition of allegations. 

Documenting the Results of a Safety Assessment

Case-Carrying or ERCP CSW Responsibilities

  1. Collect all available written reports to support the disposition of the assessment.
  2. Record all relevant information from all collected, available reports in the Contact Notebook and the NMD Safety Assessment.
  3. Document the following information in the appropriate CWS/CMS Notebook. 
    1. All  attempted contacts and contacts, including those made with the reporting party/mandated reporter, witnesses and pertinent collateral contacts, including:
      1. Whether the children/NMDs were interviewed individually and privately and if not, the reason(s) why
      2. The findings of the these contacts
    2. All observations and facts gathered during the NMD safety assessment from all sources/witnesses
    3. All alternative explanations and theories offered by all sources/witnesses and supporting information gathered by the CSW
    4. All referrals to outside agencies or services provided to the caregiver and/or NMD
    5. All attempts to obtain police reports.
    6. Consultations with SCSW and ARA.
APPROVALS

SCSW

  • A replacement request
  • Determine the number of collateral contacts
  • Approve the following documents submitted by the CSW during an assessment:
    • CSW Information/Consultation Call form
    • NMD Safety Assessment
    • All documentation supporting the outcome of the assessment

ARA

  • Approve the following documents submitted by the CSW during an assessment:
    • CSW Information/Consultation Call form
    • NMD Safety Assessment
    • All documentation supporting the outcome of the assessment
HELPFUL LINKS

Attachments

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

Forms

LA Kids

CSW Information/Consultation Call Form

DCFS 2457 (Spanish) (Armenian), Civil Rights Information Form

DCFS 5402, Notice to Child’s Attorney

REFERENCED POLICY GUIDES

0050-501.10, Child Abuse and Neglect Reporting Act (CANRA)

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

0070-559.10, Clearances

0070-570.10, Obtaining Warrants and/or Removal Orders

0070-548.01, Child and Family Teams

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

0100-535.25, Extended Foster Care (EFC) Program

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

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

0400-503.10, Contact Requirements and Exceptions

STATUTES AND OTHER MANDATES

Assembly Bill (AB) 12, California Fostering Connections to Success Act – Permits California to implement the provisions of PL 110-351, The Fostering Connections to Success and Increasing Adoptions Act of 2008 and extends title IV-E assistance to eligible child welfare or probation youth that remain in foster care up to age 21.

PL 110-351, The Fostering Connections to Success and Increasing Adoptions Act of 2008 –  In part, improves adoption access and incentives for adoption, including allowing for kinship guardian assistance payments and “de-linking” eligibility for adoption assistance from Aid to Families with Dependent Children standards

Penal Code Section 11165.12 – Establishes definitions for “unfounded report,” “substantiated report,” and “inconclusive report.”

Welfare and Institutions Code (WIC) 387 – Details, in part, how to file and complete a petition for the removal of a dependent child.

WIC Section 16501.1(c) – States, in part, 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.

WIC Section 16501.15 – Explains that a home or setting that referred to as “safe” means that the home or setting is free from abuse or neglect.

WIC 16504 (c) – States, in part, that any nonminor dependent reported to the county welfare services department to be endangered by abuse, neglect, or exploitation by a licensed or approved caregiver while in a foster care placement shall be eligible for evaluation of risk services, to determine if the placement is safe and appropriate