Sensitive/Sealed Referrals/Cases
0050-503.85 | Revision Date: 4/26/2022

Overview

This policy guide provides information on when a referral or case is considered sealed or sensitive, sensitive case assignment and transfer, who has access to a sensitive case or sealed records, and how the Child Protection Hotline (CPH), Emergency Response Command Post (ERCP), Sensitive Case Unit (SCU), and Regional Offices must deal with sensitive and sealed referrals.

Table of Contents

Version Summary

This policy guide was updated from the 01/21/21 version to add information pertaining to the assignment of all Child Fatality/Near Fatality (CF/NF) referrals with surviving siblings that are suspicious and/or caused by a parent or caregiver with current DCFS involvement to the Sensitive Case Unit (SCU).

POLICY

Sensitive Referrals/Cases

A sensitive referral or sensitive case is one that identifies a person and/or a situation in which the delivery of service is sensitive or requires a higher level of security.

When limiting access to a sensitive referral or case in CWS/CMS, the reason must be clearly stated.

A referral or case is sensitive when an identified parent or caretaker and/or situation is identified as:

  • A public figure-A person of great interest or fame, such as a politician, celebrity or athlete or a well-known elected or appointed official (including dependency court judges, commissioners or referees.) Determination should be made on a case by case basis
  • A high profile media personality or celebrity- A person who is easily recognizable or known by numerous people due to ongoing significant public attention by the mass media (i.e. famous/well-known musicians, actors/actresses, reality TV, social media, or radio personalities, comedians, and athletes.) Determination should be made on a case by case basis
  • A high-ranking law enforcement official (i.e. Chief, Commander, Captain or above) in Los Angeles County’s jurisdiction (i.e. Los Angeles Police Department (LAPD) or Los Angeles County Sheriff’s Department (LACSD)
  • Referrals on a current media story that is covered beyond 72 hours
  • A DCFS employee who is the confirmed parent/legal caregiver or out-of-home caregiver of the child and is identified/determined to be the perpetrator and/or is a victim of abuse (as in cases of domestic violence)
  • All Child Fatality (CF)/Near Fatality (NF) referrals that have surviving siblings and are suspicious/caused by parent/caregiver with current DCFS involvement. (On open cases for siblings receiving Permanent Placement (PP) services consultation between Regional SCSW/ARA and SCU SCSW/ARA should be made to determine if the PP case will also be identified as sensitive)
  • Referrals where a DCFS employee is named as the perpetrator of abuse and/or neglect towards a DCFS supervised child for whom the DCFS employee is professionally responsible

A referral should only be marked as sensitive by the Child Protection Hotline (CPH) or the Sensitive Case Unit (SCU). If any questions, contact the SCU SCSW/Manager for consultation.

The CPH RA and/or designee should be immediately notified of any referral not initially identified as sensitive that is determined to meet sensitive criteria.

On occasion, a referral or case that does not meet the sensitive criteria may require a higher level of security. In these situations:

  • The CPH SCSW with the approval of the CPH RA may authorize that the referral be sensitive.
  • The Deputy Director in consultation with the Manager/ARA or designee of the SCU, may authorize that the referral/case be sensitive.

Sealed Referral/Case Criteria

The sealing of a case or referral in CWS/CMS is restricted to those records that have been sealed by a court order pursuant to WIC Section 389, 781, or 786, or other applicable statute. Staff should review their cases and referrals to ensure that the only records that are sealed in CWS/CMS are those that have an appropriate court order directing the sealing of the child welfare agency case files or child welfare/probation foster care records. If staff are not sure if a court order applies to their CWS/CMS records, they should contact the assigned county counsel for the office to make that determination or seek clarification from the court.

When limiting access to a sealed referral or case in CWS/CMS, the reason must be clearly stated.

Sensitive Referral/Case Assignment

Referrals received during regular business hours (9:00am-5:00pm) for children who meet the established Sensitive criteria are assigned to the Sensitive Case Unit (SCU) for the in-person investigation except:

  • Sustained media interest reports, as these will be accepted at the discretion of SCU
  • Referrals involving a parent and/or legal caregiver or out-of-home caregiver who is identified as a DCFS employee, but is not an identified perpetrator (except in cases of Domestic Violence)

Referrals received outside of business hours are assigned to the Emergency Response Command Post (ERCP) for the in-person investigation.

  • Case-carrying CSWs are responsible for any provision of services on ERCP referrals.
  • In Family Maintenance cases, the case-carrying CSW is responsible for any follow up investigations and service where the initial response was by the ERCP. Staff is to follow existing procedures regarding investigation of referrals. Refer to ACL 17-27 and Policy 0070-548.06, Emergency Response Referrals Alleging Abuse of Children Who Are Under DCFS Supervision and Residing in the Home of a Parent, for further information.
On referrals with no open services, where the initial response was by the ERCP, the SCU is responsible for follow-up investigations and service delivery for all referrals that meet the sensitive referral criteria.

In the event that a referral or case regarding a DCFS employee is assigned to a CSW who is acquainted with that employee, the assigned CSW must immediately notify their SCSW of that relationship.  After conferring with the managing ARA, when necessary, the referral or case should be reassigned.

In the event that the SCSW managing the referral or case is an acquaintance of the DCFS employee, the managing ARA shall be notified of the relationship. After conferring with the managing ARA, when necessary, the referral or case should be reassigned.

In the event that the DCFS employee or parent/legal caregiver is acquainted or known to multiple employees within the assigned office and service delivery by the assigned office will result in a conflict of interest, the managing ARA and office RA should be notified immediately. In such cases, the RA should contact the RA of the closest neighboring office and request reassignment of the referral or case.

All Child Fatality (CF)/Near Fatality (NF) referrals that have surviving siblings and are suspicious/caused by parent/caregiver with current DCFS involvement will be assigned to the SCU for investigation.
  • If there is an open case, the new CF/NF incident referral will be assigned to the SCU for investigation and the existing open case will be transferred from the regional office to the SCU.
  • If there is no open case but there is an existing open ER referral, that is unrelated to the fatality and a fatality occurs during this time, the new CF/NF incident referral will be assigned to the SCU and in consultation with the regional office, the SCU will determine if the existing open referral will continue to be handled at the regional office or if the referral should be transferred to the SCU for a concurrent investigation. If after hours, ERCP identified staff will respond to the new CF/NF incident referral and then subsequently hand over the ER investigation to the SCU the next business day.

Sensitive/Sealed Case Access

Consistent with State guidance (ACL 17-23) the sealed privilege is needed to seal records pursuant to a court order or to access sealed records pursuant to a court order or as otherwise allowed by statute.

The following DCFS employees have Sensitive and/or Sealed Case Access:

  • All County Office Administrators (COAs)
  • Sensitive Case Unit (SCU) CSWs, SCSW and ARA
  • Child Protection Hotline (CPH) CSWs have Sensitive Case Access only. CPH SCSWs have Sensitive and Sealed Case Access. CPH ARAs and RA have Sensitive and Sealed Case Access.
  • Emergency Response Command Post (ERCP) CSWs and Clerical staff that do searches have Sensitive Access.  ERCP ARAs and SCSWs have Sensitive and Sealed Access. ERCP SCSWs will assign TAs secondary access to any Sensitive or Sealed Cases as needed.
  • Selected Revenue Enhancement Staff responsible for payment resolution, opening and assigning cases, foster care hotline, meds etc., have access to both Sensitive and Sealed Cases.
  • The following Regional Office staff have Sensitive Access:
    • 1 data entry clerk in the SAAMS Unit
    • 1 ISTC in each office
    • 1 Resource Family Support and Permanency Division SCSW and a back up
    • 1 CSA I or II assigned to the regional office
    • ARAs and RA
    • Search and Transfer Desk Clerks
    • Dependency Investigators and Supervisors
    • 1 Eligibility supervisor and a back-up

Anyone in a Regional office needs Sealed Case Access, they must request it through the Deputy Director (DD) Bureau Administration team along with an estimated time they will need the access. The DD Bureau Administration team will remove access once that time has elapsed, unless an extension is requested.

  • Admin Bureau Teams have the following access levels:
    • Sensitive Access to all CSA staff
    • Sealed Access to CSA III only
    • Sensitive and Sealed Access for DDs
  • Specialized Programs staff have limited Sensitive Access on as needed basis
    • All other sections should limit Sensitive Access only to staff that do searches or need to regularly access closed Adoptions cases.  Sealed Access is on a case by case basis.

Requesting Information on a Sealed and/or Sensitive Referral or Case

When the Manager of the Sensitive Case Unit (SCU) or their designee receives a request for information regarding a Sealed and/or Sensitive referral or case, they will review and determine whether or not to direct the requesting party to submit a written request to the Director.

The request must clearly state who is requesting the information and why it is needed.

The Director will determine if the request will be granted and notify the Manager of the SCU.

Sensitive Case Unit Transfer Criteria

When a referral was not identified as sensitive by the Child Protection Hotline, but the region discovers that a person and/or situation that was not previously identified as sensitive by the CPH meets the sensitive referral criteria during a face-to-face contact with the child and/or family, the referral/case should be transferred to the SCU.

When all of the following conditions have been met, a referral or case should be transferred to the Sensitive Case Unit (SCU):

  1. There has been at least one face-to-face assessment of the child by:
    1. A Regional CSW or
    2. An Emergency Response Command Post (ERCP) CSW
  2. The CSW making the face-to-face assessment has made an initial determination that the child appears to meet the SCU Intake Criteria
  3. The CSW/SCSW has consulted with the SCU and the SCU has agreed to accept the referral or case
  4. The case meets case transfer criteria.

The sending office will remain responsible for contacts and all emergent services until the receiving SCU SCSW reassigns the case.

If all of the transfer criteria cannot be met and it is in the child’s best interest to transfer the case to the SCU immediately, the sending CSW/SCSW may consult with and obtain the approval of the SCU SCSW to transfer the case to the SCU with the sending CSW retaining primary assignment to complete agreed upon follow-up actions.

All CF/NF referrals that have surviving siblings and there is suspicion that the parents/caregiver caused the child fatality/near fatality, are to be assigned to the SCU for investigation immediately. Regional Staff should not respond to these referrals, as the SCU will immediately respond and investigate, during normal business hours. If after hours, ERCP identified staff will respond to the new CF/NF incident referral and then subsequently hand over the ER investigation to the SCU the next business day.

Regional Offices having open cases with surviving siblings shall immediately begin the case transfer of the case to the SCU. The case shall be transferred to the SCU within seven (7) business days of the receipt of the Fatality referral by the hotline.

If there are delays in getting a case transferred to SCU in a timely manner, the ARA in the sending office must contact the SCU ARAto discuss getting the case transferred in a timely manner.

PROCEDURE

Sensitive Referrals Received by the Child Protection Hotline (CPH)

CPH CSW Responsibilities

  1. As soon as the conversation with the reporting party is complete, immediately notify the designated CPH SCSW or designee that you have received a report that you believe meets the sensitive referral criteria.
  2. If the designated CPH SCSW agrees, create the referral in CWS/CMS.
    1. If a DCFS employee is named as the alleged perpetrator regarding a DCFS supervised child for whom the employee is professionally responsible, the referral must be handwritten and all documents must be marked sensitive.
    2. Evaluate Out the referral and cross-report it to the law enforcement agency with jurisdiction.
    3. Request that the documents be coded as sensitive.
  3. At the top Screener Alert and Screener Narrative sections enter “Sensitive Referral” and, document how the referral meets the sensitive referral criteria.
  4. Create a Suspected Child Abuse Report (SCAR), if applicable.
  5. Generate the Emergency Response Referral Document.
    • Do not assign the referral to the CPH Referral Assignment Caseload inbox.
    • Do not print the Emergency Response Referral Document or Screener Narrative.
    • Complete a Live-Call Sheet Document
  6. When the referral is completed in CWS/CMS, notify the designated CPH SCSW who will be responsible for printing the referral for review and provide them with the Live-Call Sheet Document.

CPH SCSW or Designee Responsibilities

  1. After being informed by the CPH CSW that a referral that meets sensitive criteria has been received, verbally notify the onsite ARA. If an ARA is not available, contact the ARA by phone.
  2. Review the referral after being notified by the CPH CSW that it is complete.
  3. Perform a search of all the clients in the referral on CWS/CMS and document the results in the Screener Narrative, if applicable.

    • If any additional clients are found, attach the clients to the referral and re-generate the Emergency Response Referral Document.
  4. Review the Suspected Child Abuse Report (SCAR), if applicable. If approved, submit the SCAR through the Electronic Suspected Child Abuse Report System (ESCARS).

    • If any additional clients are found, attach the clients to the referral and re-generate the Emergency Response Referral Document.
  5. Approve the referral and assign it to the appropriate in-box if an in-person investigation is required.

    • If the referral is an immediate referral and is received during regular business hours, assign the referral to the Sensitive Case Unit (SCU).
    • If the referral is received outside of regular business hours, assign it to the Emergency Response Command Post (ERCP) and verbally notify the ERCP Duty Supervisor that a sensitive referral has been placed in the ERCP caseload.
    • If a 5-day referral is received assign it to the SCU.
  6. Limit access to the referral by marking the referral as “Sensitive.”

    • When limiting the referral access, ensure the reason is clearly stated
  7. Print a single copy of the Emergency Response Referral Document and Screener Narrative and attach the documents to the Live-Call Sheet.
  8. Place the completed referral documents in a sealed envelope, label the envelope “Sensitive”, and deliver the envelope to the assigned CPH designee or place the envelope in the designated CPH location.
  9. In cases where a DCFS employee is named as the alleged perpetrator regarding a DCFS supervised child for whom the employee is professionally responsible:
    1. Ensure the referral is handwritten.
    2. Ensure all documents are marked sensitive.
    3. Ensure that the referral was evaluated out and cross-reported to the law enforcement agency with jurisdiction.
    4. Place the handwritten documents in a sealed envelope and deliver the completed referral to the assigned CPH designee or place the envelope in the designated CPH location.

CPH ARA or Designee Responsibilities

  1. In cases where a DCFS employee is named as the alleged perpetrator regarding a DCFS supervised child for whom the employee is professionally responsible:
    1. Ensure the referral is handwritten.
    2. Ensure all documents are marked sensitive.
    3. Ensure that the referral was evaluated out and cross-reported to the law enforcement agency with jurisdiction and ask that the documents were made sensitive.
    4. Notify the CPH RA so that they contact the RA in the office where the referral or case is open.
  2. Route the original referral documents to the CPH RA.

CPH RA Responsibilities

  1. If the referral involves a DCFS employee, contact the RA in the office where the DCFS employee is stationed.
  2. Store the referral documents in a secure file.

 

Sensitive Referrals Received by the Sensitive Case Unit (SCU)

SCU CSW Responsibilities

  1. Investigate the referral.
  2. Complete the CWS/CMS data entry and submit to the SCU SCSW for approval.
  3. Provide on-going case management as necessary.

SCU SCSW Responsibilities

  1. Review the referral prior to assigning to a CSW to ensure that it meets the criteria for a sensitive referral and that it has been made sensitive. 
    1. If it does not meet the sensitive criteria, discuss the referral with the Child Protection Hotline SCSW who assigned the referral to the Sensitive Case Unit. 
    2. If the two SCSWs cannot resolve the issue, refer the matter to the Manager/ARA.
    3. If the referral has not been made sensitive, make it sensitive.
  2. Assign the referral to a Sensitive Case CSW.
  3. If the referral involves a DCFS parent partner (PIP), notify the Parents in Partnership Program Manager within 48 hours.
  4. Once the referral has been investigated, review the referral.
    1. If the referral disposition is ready for approval, approve it. 
    2. If the referral disposition is not ready for approval, return to the SCU CSW for corrective action.
  5. If a DCFS employee is named as the alleged perpetrator, and the allegation is substantiated, notify the SCU Manager/ARA.

SCU Manager/ARA Responsibilities

  • The SCU Manager/ARA will notify the Internal Affairs Section of the results of the investigation.

 

Sensitive Referrals Received by the Emergency Response Command Post (ERCP)

ERCP CSW Responsibilities

  1. Investigate the referral.
  2. Complete the CWS/CMS data entry and submit it to the SCU SCSW for approval.

ERCP SCSW Responsibilities

  1. Review the referral prior to assigning to a CSW to ensure that it meets the criteria for a sensitive referral and that it has been made sensitive. 
    1. If it does not meet the sensitive criteria, discuss the referral with the CPH Designee or SCSW who assigned the referral to ERCP.
    2. If the two SCSWs cannot resolve the issue, refer the matter to the ARA. 
    3. If the referral has not been made sensitive, make it sensitive.
  2. Enter the referral number on the Daily ERCP SCSW log. 
  3. Assign the referral to the CSW. Do not make a copy of the referral.
  4. Once the referral has been investigated, review the referral.
    1. If the referral disposition is ready for approval, approve it. 
    2. If the referral disposition is not ready for approval, return to the ERCP CSW for corrective action.  
    3. Enclose all of the referral documents in an envelope and seal it.
  5. If follow-up services are necessary for a sensitive referral on a family who either does not have open DCFS services or who has current services open to the Sensitive Case Unit, assign the referral to the Sensitive Case Unit (SCU).
    • Forward the sensitive referral documents to the SCU per ERCP procedures.
  6. If the ERCP provided services for a sensitive referral on an open case, forward the sensitive referral documents to the case-carrying CSW.

ERCP ARA Responsibilities

  • Intervene when needed to resolve disputes regarding the assignment of referrals to the ERCP.

 

Sensitive Referrals Received by the Regional Office

Regional CSW Responsibilities

  1. If the CSW discovers that a person and/or situation that was not previously identified as sensitive by the CPH meets the sensitive referral criteria prior to the face-to- face contact with the child, immediately inform the SCSW.
  2. If the CSW discovers that a person and/or situation that was not previously identified as sensitive by the CPH meets the sensitive referral criteria during a face-to-face contact with the child and/or family, proceed to assess the immediate safety of the child and any siblings and inform the SCSW as soon as possible.
  3. Document any contacts made on the referral in the Contact Notebook. 

Regional SCSW Responsibilities

  1. If a referral meets sensitive referral criteria because the alleged perpetrator or victim of abuse (as in cases of domestic violence) is a DCFS employee or DCFS parent partner (i.e. PIP) who is the confirmed parent or out-of-home caregiver of the child, immediately notify the ARA/RA.
  2. If the person and/or situation meets the sensitive referral criteria for assignment to the SCU, contact the SCU SCSW immediately.
    • Assign the referral to the Sensitive Case Unit as soon as possible.
  3. If the person and/or situation meets sensitive referral criteria and was not initially identified as sensitive by the CPH, notify the CPH ARA or designee of the referral date, referral name, and referral number.

Regional ARA Responsibilities

  1. Locate the referral involving the DCFS employee from the information provided by the regional staff.
  2. Consult with Regional RA and route the original referral documents to the CPH RA.

Regional RA Responsibilities

  1. If the referral meets the sensitive referral criteria because the alleged perpetrator or victim of abuse (as in cases of domestic violence) is a DCFS-employee, or DCFS parent partner (i.e.PIP) who is the confirmed parent or out-of-home caregiver of the child immediately, contact the Sensitive Case Manager/ARA.
  2. In Cases where a DCFS employee is named as the alleged perpetrator regarding a DCFS supervised child for whom the employee is professionally responsible:
    1. Transfer the case to another worker in the same office or another office if possible.
      1. CPH staff will evaluate-out the referral and cross-report it to the law enforcement agency with jurisdiction.

 

Referring Sensitive Referrals/Cases for Family Preservation (FP), Family Preservation Assessment Services (FPAS), and Parents in Partnership (PIP)

Family Preservation (FP) and Family Preservation Assessment Services (FPAS)

Regional/ERCP CSW Responsibilities

  1. If there is a need to refer a family for FP or FPAS services, the Regional/ERCP CSW is to complete the Family Preservation Services Request (DCFS 800) manually with all the required signatures and obtain the caregiver’s signature on the DCFS 802, Consent to Release and Exchange Information.
  2. Submit the completed packet to the office Community Based Liaison (CBL).

CBL Responsibilities

  1. Once the completed packet is received from the CSW, CBL is to scan and email the packet to the Community Based Support Division (CBSD) designee.
  2. CBL shall inform the CBSD designee of the name of the FP agency, start date, and which contract the FP case/FPAS referral should be assigned to in case the agency has multiple contracts.

CBSD Designee Responsibilities

  1. Upon receiving the completed packet, create the FP case/FPAS referral in the web-based systems.
  2. Inform the office CBL and the FP agency of the identifying unique number for the FP case/FPAS referral.

  3. Print and keep a record of the sensitive FP cases/FPAS referrals in a safe and locked location.

Parents in Partnership (PIP)

The Parents in Partnership (PIP) program provides support and services to parents who have been referred to or are receiving services. For cases assigned to the Sensitive Case Unit, a referral may be made electronically and will be assigned by the PIP Manager.

Regional/ERCP CSW Responsibilities

  1. Complete the Parents in Partnership (PIP) Referral form.
  2. Identify that the PIP referral is for the Sensitive Case Unit by checking off the Sensitive Case Unit Request box in the upper right hand.

  3. Email the PIP referral to Partnp@dcfs.lacounty.gov with the email subject line stating: “CONFIDENTIAL CASE” to ensure that the designated Manager can identify it and assign it appropriately.

APPROVALS

SCSW/ARA Approval

  • Referral
  • Referral disposition
  • Making a referral/case sensitive

RA Approval

  • Making a referral/case sensitive
HELPFUL LINKS

Forms

DCFS 800 Family Preservation Services Request

DCFS 802 Consent to Release and Exchange Information

CWS/CMS

Emergency Response Document

Investigative Narrative

SS 8572, Suspected Child Abuse Report (SCAR) Screener Narrative

Attachments

Parents in Partnership Referral Form

REFERENCED POLICY GUIDES

0050-501.25, Child Protection Hotline (CPH):  Referrals Regarding Children and Nonminor Dependents Abused or Neglected in Out-of-Home Care Who are Under DCFS Supervision

0050-502.10, Child Protection Hotline (CPH)

0070-520.10, Safely Surrendered Babies (SSB)

0070-548.06, Emergency Response Referrals Alleging Abuse of Children Who Are Under DCFS Supervision and Residing in the Home of a Parent

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

0500-501.60, Sealing/Releasing Records

1000-504.10, Case Transfer Criteria and Procedures

STATUTES AND OTHER MANDATES

ACL 17-23, Sensitive and sealed records and limited access privileges in CWS/CMS

ACL 17-27, Investigating, assessing, and documenting a new referral of child abuse or neglect in an open investigation or case