Current through Register Vol. 43, No. 02, November 27, 2024
(1) The following standards for conducting
CA/N assessments on child abuse/neglect reports must be followed. Any
deviations from these standards must have supervisory consultation and
approval.
(a) Contacts with Law Enforcement.
Each County Department must have a written working agreement on procedures for
handling child abuse and neglect investigations with the law enforcement agency
holding jurisdiction in the county. Law enforcement officers may accompany DHR
workers on home visits when information indicates that safety may be an
issue.
(b) Assessing Reports with
Parents. Contact must be initiated with a custodial parent promptly upon
receipt of a report except in instances where such action could pose danger for
the child involved. The contact should establish the need for protective
services or agency non-intervention. A home visit is required and may be made
with or without prior notification.
(c) Interview with/observation of Child
Victim and all other Children in the Home.
1.
All children who are subjects of child abuse/neglect reports must be seen and
privately interviewed if they are capable of a verbal response. Non-verbal
children must be observed while awake. The child may be interviewed/observed at
some site other than the home, (e.g. school, daycare). If the worker is refused
access to a child for interview or observation purposes, a court order may be
sought to obtain access to the child.
2. Photographs may be taken to document
physical injuries or conditions of children or neglectful conditions of the
child's home. Video and audiotapes may be used to record interviews. Parental
consent for photographs, video and audio taping is not necessary. If a parent
refuses to permit photographs or taping
and the worker
believes that photographs or taping is necessary, law enforcement should be
contacted or court action should be explored.
3. If psychological evaluations, physical
examinations, or psychiatric evaluations of the children are considered
necessary during the CA/N assessment process, they may be obtained with or
without parental consent. If parental consent cannot be obtained, a court order
should be sought.
4. All other
children who are regular members of the household must be interviewed privately
and in person.
(d)
Securing Medical Care. If the worker believes that a child is in need of
immediate medical care, every effort must be made to get the parent or legal
custodian to take the child immediately to a medical facility for such
treatment. If the parent or legal custodian is unavailable, refuses to
cooperate, or is in disagreement with the attending physician, the worker must
seek the assistance of the court in securing medical care for the child. To
obtain the court's assistance, workers have three options:
1. Petition for legal temporary custody and
request that the Department have the authority to consent to medical treatment;
or
2. File a petition for
protective supervision which provides the Department the authority to consent
to medical care; or
3. Petition for
an order authorizing emergency medical care.
(e) Interview with the Person Allegedly
Responsible For Abuse/Neglect. The worker is to interview the person allegedly
responsible individually and in person unless the person is being criminally
investigated,
and law enforcement, the District
Attorney's office or the defense attorney refuses to allow the interview. A
copy of the person's statement to law enforcement is then sufficient to
document this part of the CA/N assessment.
(f) The worker must interview all other adult
household members individually and in person.
(g) The worker must contact all other persons
known to have first-hand knowledge of the abuse/neglect allegations. These
persons may be interviewed either in person or by telephone.
(2) Reports of Child Abuse/Neglect
on Department Employees. When a report of suspected child abuse/neglect is
received by the County Department on an individual who is employed by the
Department, the Office of Child Welfare Consultation, Family Services Division,
is to be contacted if the County Department needs assistance with determining
who will conduct the investigation.
(3) Reports of Medical Neglect of Handicapped
Infants Under One Year of Age.
(a) When the
County Department receives a report that medically indicated treatment is being
withheld from an infant solely on the basis of a present or anticipated mental
or physical impairment, an assessment must be made immediately. If the medical
facility where the infant is a patient has an Infant Care Review Committee, the
County Department will consult with the Committee during the assessment. If
there is no Infant Care Review Committee available, and the county has a
multi-disciplinary team in operation, that team (with the appropriate medical
experts added for these cases) must be consulted for a recommendation. In
counties where there are no Infant Care Review Committees or multi-disciplinary
teams operational the County Department must consult an independent specialist
for a written medical opinion on the case.
(b) The withholding of medically indicated
treatment is defined as the failure to respond to an infant's life-threatening
conditions by providing treatment (including appropriate nutrition, hydration,
and medication) which, in the treating physician's reasonable medical judgment,
will most likely be effective in ameliorating or correcting all
life-threatening conditions. These standards must also be considered during
assessments involving any medical treatment issues for children over age one
year when the children have been continuously hospitalized since birth, born
extremely prematurely, or have a long term disability. All of these children
must be provided appropriate nutrition, hydration and medication.
(c) Additional treatment to ameliorate or
correct all life-threatening conditions may be withheld in the following cases:
1. The child is chronically and irreversibly
comatose; or
2. Treatment would
merely prolong death, would not be effective in ameliorating or correcting all
life-threatening conditions, or would otherwise be futile in terms of the
child's survival; or
3. The
treatment itself, under such circumstances, would be inhumane.
(d) Reasonable medical judgment is
defined as medical judgment that would be made by a reasonably prudent
physician who is knowledgeable about the case and the treatment possibilities
with respect to the medical conditions involved. In cases where there is
agreement between the treating physician and the Infant Review Committee, the
multi-disciplinary team, or the independent physician, the County Department
shall document all parties' agreement in the child's case record. In cases
where there is disagreement, the County Department must file a petition for
court intervention, and notify the Office of Child Protective Services and SDHR
Legal that the petition has been filed.
(4) Additional Procedures for CA/N
Assessments Involving Out-of-Home Care Settings.
(a) CA/N assessments of child abuse/neglect
in out-of-home care settings refers to a report alleging that a child has been
abused and/or neglected while in the care and control of a facility/agency/home
which is licensed, approved or certified by the state, operated as a state
facility, or is a private or religious facility/agency that is exempt from
licensing procedures. These facilities/agencies/homes include, but are not
limited to, foster homes, day care centers/nighttime centers, family/group day
care homes/nighttime homes, child-care institutions, child-placing agencies,
nursing homes, group homes, schools (public and private), and non-finalized
adoptive homes.
(b) Day Care
Centers/Nighttime Centers Licensed by Department of Human Resources.
1. The CA/N assessment must be conducted by a
worker with child protective service experience and one who has no
responsibility for the licensing of the center. In some cases, it may be
appropriate for licensing staff to assist the worker with the CA/N
assessment.
2. The Department is to
notify the administrator of the day care center/nighttime center of the
specific allegations upon receipt of the report. If the administrator has been
identified as the person allegedly responsible for the abuse/ neglect and the
center is owned by another individual or is governed by a board, the owner or
the chairman of the board must be notified. That person will be substituted for
"administrator" at each reference in this rule. The administrator is to be kept
informed of the CA/N assessment. Information which may be disclosed to the
administrator includes allegations reported, who will be interviewed at the
center, name of the person identified as allegedly responsible for abuse and
neglect, approximate timeframe within which the CA/N assessment will be
completed, and any other information that could prevent the abuse/neglect of
other children at the center. DHR may also request that the person allegedly
responsible for the abuse/neglect not have contact with the children at the
center until the CA/N assessment is complete.
3. Persons allegedly responsible for the
abuse/ neglect must receive written notification of the allegations within five
days of the report's receipt.
4.
Parents/custodians of the children identified in the report must be notified
about the allegations. The identity of alleged person(s) responsible for
abuse/neglect of the identified children can be revealed only to the
parents/custodians of the identified children.
5. Other children at the center may be
interviewed in order to complete the CA/N assessment. Permission of parents is
not necessary for this interview; however, if the interview reveals allegations
of abuse/neglect of the child being interviewed, the parents/custodians must be
notified about the allegations. The identity of alleged person(s) responsible
for abuse/neglect cannot be revealed to the other children's parents/custodians
unless these children are identified as allegedly abused or neglected by the so
named person responsible for abuse/neglect.
6. When the preliminary disposition of the
report is "indicated," the person allegedly responsible for the abuse/ neglect
must be provided written notice of the allegations and their due process
rights. If the person waives the right to a hearing, does not respond, or has a
hearing, the final disposition will be provided to that person and may be
provided to the center administrator and the appropriate licensing
unit.
7. All persons receiving
notice of the allegations will also receive notice of the final
disposition.
(c) Exempt
Day Care Centers/Nighttime Centers.
1. The
CA/N assessment must be conducted by a protective service worker in the County
Department. In some cases it may be appropriate for state office staff to
assist in the CA/N assessment.
2.
The Department must notify the administrator of the day care center/nighttime
center of the allegations upon receipt of the report. If the administrator is
the person allegedly responsible for the abuse/neglect, the pastor of the
church, chairman of the committee in charge of administering the day care
program, or chairman of the governing board must be notified. That person will
be substituted for "administrator" at each reference in this rule. The
administrator is to be kept informed of the CA/N assessment. Information which
may be disclosed includes who will be interviewed at the center, the
allegations, the name of the person allegedly responsible for the abuse/
neglect, approximate timeframe within which the CA/N assessment will be
completed, and any information that could prevent the abuse/neglect of other
children at the center. DHR staff may request that the person allegedly
responsible for the abuse/neglect not have contact with the children at the
center during the course of the CA/N assessment.
3. Parents/custodians of the children
identified in the report must be notified about the allegations.
4. Persons allegedly responsible for the
abuse/ neglect must receive written notification of the allegations within five
days of the report's receipt.
5.
Other children in the center may be interviewed in order to complete the CA/N
assessment. Permission of their parents/custodians is not necessary for an
interview; however, if there are allegations of abuse/neglect of the child
being interviewed, the parents/custodians must be notified about the
report.
6. When the preliminary
disposition of the report is "indicated," the person allegedly responsible for
the abuse/ neglect must be provided written notice of the allegations and their
due process rights. If the person waives the right to a hearing, does not
respond, or has a hearing, the final disposition will be provided to that
person and may be provided to the center administrator and the appropriate
licensing unit.
7. All persons
receiving notice of the allegations will also receive notice of the final
disposition.
(d)
Family/Group Day Care Homes/Nighttime Homes
1.
The CA/N assessment is to be conducted by a worker with child protective
service experience and one who is not responsible for approving the home. The
approving worker may accompany the CA/N assessment worker during the CA/N
assessment.
2. The approving unit
within the Department is to be notified about the allegations upon receipt of
the report. DHR staff may request that the person allegedly responsible for the
abuse/neglect not have contact with the children in the home during the course
of the CA/N assessment.
3. The
parents/custodians of the children identified in the report must be notified
about the allegations. The identity of alleged person(s) responsible for
abuse/neglect of the identified children can only be revealed to the
parents/custodians of the identified children.
4. Notification regarding the abuse/neglect
report is to be provided to the care provider and they shall be kept informed
about the CA/N assessment and called upon when appropriate to expedite the CA/N
assessment process. Information that may be shared with the provider includes
allegations reported, who at the home will be interviewed, the person allegedly
responsible for the abuse/neglect, approximate timeframe within which the CA/N
assessment will be completed, and any information that could prevent
abuse/neglect of other children at the home.
5. Persons who are allegedly responsible for
the abuse/neglect must receive written notification of the allegations within 5
working days of the report's receipt.
6. Other children in the home may be
interviewed in order to complete the CA/N assessment. Permission of parents is
not necessary for an interview; however, if the interview reveals allegations
of abuse/neglect of the child being interviewed, parents/custodians must be
notified about the report. The identity of alleged person(s) responsible for
abuse/neglect cannot not be revealed to the other children's parents/custodians
unless these children are identified as having been allegedly abused or
neglected by the so named person responsible for abuse/neglect.
7. The approved care provider must be
notified about disposition of the report.
8. When the preliminary disposition of the
report is "indicated," the person allegedly responsible for the abuse/ neglect
must be provided written notice of the allegations and their due process
rights. If the person waives the right to a hearing, does not respond, or has a
hearing, the final disposition will be provided to that person and may be
provided to the care provider and the appropriate licensing unit.
9. All persons receiving notice of the
allegations will also receive notice of the final disposition.
(e) Foster Family Homes Approved
by Department of Human Resources
1. A worker
with protective service experience, but one who is not directly responsible for
the approval of the home, must conduct the CA/N assessment. The approval worker
may accompany the worker during the CA/N assessment.
2. Unless parental rights have been
terminated, the parents/custodians of the child identified in the report must
be notified of the alleged actions upon receipt of the report. The identity of
alleged person(s) responsible for abuse/neglect can only be revealed to the
parents/custodians of the identified children.
3. The person allegedly responsible for the
abuse/ neglect must receive written notification of the allegations within five
days of the report's receipt.
4.
CPS staff in the county shall notify the SDHR Office of Permanency, the
County's Resource Unit, other County Departments if the report involves other
counties, and District Attorney's office and law enforcement per the county's
written working agreement.
5. Other
children in the home may be interviewed in order to complete the CA/N
assessment. Permission of the parents is not necessary for an interview;
however, if allegations of abuse/neglect are revealed for the child being
interviewed, the child's parents/custodians must be notified about the report.
The identity of alleged person(s) responsible for abuse/neglect cannot be
revealed to the other children's parents/custodians unless these children are
identified as allegedly abused or neglected by the so named person responsible
for abuse/neglect.
(6) Foster
parents are to be notified when a member of the foster parent's household is
alleged to have abused/neglected children in the foster parent's home.
7. When the preliminary
disposition of the report is "indicated," the person allegedly responsible for
the abuse/ neglect must be provided written notice of the allegations and their
due process rights. If the person waives the right to a hearing, does not
respond, or has a hearing, the final disposition will be provided to that
person and the approving unit.
8.
All persons receiving notice of the allegations will also receive notice of the
final disposition.
(f)
Foster Homes approved by a Private Child-Placing Agency or Other State Agency.
1. The report will be investigated by a
worker with protective services experience. A worker from the private
child-placing agency or other state agency may accompany the Department of
Human Resources worker as determined appropriate.
2. SDHR's Office of Licensing and Resource
Development must be notified about the allegations upon receipt of the report.
SDHR's Office of Licensing and Resource Development will notify the private
child placing or state agency having approval responsibility when the home is
approved by another agency. DHR staff may request that the approving agency not
notify the person allegedly responsible for the abuse/ neglect. The approving
agency shall be kept informed about the CA/N assessment and called upon when
appropriate to expedite the CA/N assessment process. Information that may be
shared with the agency includes allegations reported, who at the home will be
interviewed, the person allegedly responsible for the abuse/neglect,
approximate timeframe within which the CA/N assessment will be completed, and
any information that could prevent the abuse/neglect of other children in the
home.
3. Persons who are allegedly
responsible for the abuse/neglect must receive written notification of the
allegations within 5 working days of the report's receipt.
4. If the child identified in the report is
in the custody of the Department of Human Resources, the parents/ custodians
must be notified about the allegations unless parental rights have been
terminated. Workers may also disclose to the parent the allegations, as well as
any action taken to protect the child. The identity of alleged person(s)
responsible for abuse/neglect cannot be revealed to the parents/custodians' of
other children unless these children are identified as allegedly abused or
neglected by the so named person responsible for abuse/neglect.
5. A foster parent is entitled to written
notification within five (5) working days, of reaching a "not indicated"
disposition when alleged abuse/neglect occurred in the foster parent's home and
the person allegedly responsible for abuse/neglect is a member of the foster
parent's household. Each County Department shall develop a written notification
form to be used uniformly within the county. Child welfare staff shall provide
this notification as directed and file a copy in the CA/N record.
6. When the preliminary disposition of the
report is "indicated," the person allegedly responsible for the abuse/ neglect
must be provided written notice of the allegations and their due process
rights. If the person waives the right to a hearing, does not respond, or has a
hearing, the final disposition will be provided to that person and may be
provided to the approving agency.
7. All persons receiving notice of the
allegations will also receive notice of the final disposition.
(g) Institutions and Group Homes
Licensed by Department of Human Resources.
1.
Child protective services staff in the County Department where the institution
or group home is located will conduct the CA/N assessment.
2. SDHR's Office of Licensing and Resource
Development must be notified about the allegations upon receipt of the
report.
3. The administrator of the
institution or group home will be notified about the report. If the
administrator has been identified as the person allegedly responsible for the
abuse neglect, the governing chairperson or authority will be notified. DHR
staff may request that the person allegedly responsible for the abuse/neglect
not be informed about the report. The administrator of the institution or group
home shall be kept informed about the CA/N assessment and called upon when
appropriate to expedite the CA/N assessment process. Information that may be
shared includes allegations reported, who will be interviewed, the person
allegedly responsible for the abuse/neglect, approximate timeframe within which
the CA/N assessment will be completed, and any information that could prevent
the abuse/neglect of other children in the institution or group home.
4. Persons who are allegedly responsible for
the abuse/neglect must receive written notification of the allegations within 5
working days of the report's receipt.
5. The parents/custodians of the children
identified in the report must be notified about the allegations unless parental
rights have been terminated. The identity of alleged person(s) responsible for
abuse/neglect of the identified children may only be revealed to the
parents/custodians.
6. When the
preliminary disposition of the report is "indicated," the person allegedly
responsible for the abuse/ neglect must be provided written notice of the
disposition and their due process rights. If the person waives the right to a
hearing, does not respond, or has a hearing, the final disposition will be
provided to that person and may be provided to the institution or group home
administrator.
7. All persons
receiving notice of the allegations will also receive notice of the final
disposition.
(h) Group
Homes and Institutions
Operated By State Agencies Other Than DHR
1. Law enforcement in the county where the
institution or group home is located, with the assistance of the operating
state agency, will conduct the investigation.
2. County DHR staff will provide notification
of the report to the institution or group home, law enforcement, and the other
state agency who has approval responsibility.
3. When the preliminary disposition of the
report is "indicated," the person allegedly responsible for the abuse/neglect
must be provided written notice of the disposition and their due process
rights. If the person waives the right to a hearing, does not respond, or has a
hearing, the final disposition will be provided to that person and will be
provided to the group home's or institution's administrator.
4. Administrators may be notified about
"indicated" dispositions prior to a CA/N hearing if the safety of the children
in the home/institution would be jeopardized by withholding that
information.
(i) Group
Homes and Institutions Licensed/Certified
(But Not Operated) By
Other State Agencies
1. Child protective
services staff in the county where the institution or group home is located
will conduct the CA/N assessment and may have the assistance of the licensing
state agency when both state agencies agree it is necessary.
2. SDHR's Office of Licensing and Resource
Development must be notified about the allegations upon receipt of the
report.
3. SDHR's Office of
Licensing and Resource Development will notify the state agency who has
licensing responsibility.
4. County
DHR staff will notify the group home / institution administrator about the
report. DHR staff may request that the licensing agency not notify the person
allegedly responsible for the abuse/neglect. The administrator shall be kept
informed about the CA/N assessment and called upon when appropriate to expedite
the CA/N assessment process. Information that may be shared includes
allegations reported, who will be interviewed, the name of the person allegedly
responsible for the abuse/neglect, approximate timeframe within which the CA/N
assessment will be completed, and any information that could prevent the
abuse/neglect of other children.
5.
Persons who are allegedly responsible for the abuse/neglect must receive
written notification of the allegations within 5 working days of the report's
receipt.
6. The parents/custodians
of the children identified in the report must be notified about the
allegations. The identity of alleged person(s) responsible for abuse/neglect of
the identified children can only be revealed to the
parents/custodians.
7. When the
preliminary disposition of the report is "indicated," the person allegedly
responsible for the abuse/ neglect must be provided written notice of the
disposition and their due process rights. If the person waives the right to a
hearing, does not respond, or has a hearing, the final disposition will be
provided to that person and may be provided to the group home/institution
administrator and the licensing agency.
8. All persons receiving notice of the
allegations will also receive notice of the final disposition.
9. Child welfare staff shall not disclose
"indicated" dispositional information prior to a CA/N hearing. If the safety of
the children in the group home/institution would be jeopardized by withholding
that information, the disposition may be shared with the administrator prior to
the hearing.
(j) Schools
And Allegations
Involving Discipline/
Corporal Punishment
1.
Law enforcement agencies conduct the investigation on CA/N reports where the
person responsible for abuse/neglect is a public or private school teacher or
other school official
and the allegations involve
discipline or corporal punishment.
2. If law enforcement determines the incident
was consistent with the board of education's written discipline policy, the
allegations are not considered a CA/N report and the report is not entered into
the Central Registry. When law enforcement determines the incident was not
consistent with established discipline policy, they may investigate the
incident as child abuse/neglect. Violation of school board policy does not
necessarily indicate that child abuse has occurred. Child welfare staff in the
county where the school is located are responsible for entering these CA/N
reports into the Central Registry after law enforcement confirms that the
report will be or has been investigated as child abuse.
3. Child welfare staff shall provide the
person responsible for abuse/neglect with written notice of the disposition and
the opportunity for a CA/N hearing. If due process rights are waived, child
welfare staff shall then provide notification of the final disposition to the
school principal or superintendent. If a CA/N hearing is held, the Hearing
Officer will provide written notification of the disposition to the person
responsible for abuse/neglect, and child welfare staff shall then notify the
school principal. If the school principal was identified as the person
responsible for the abuse/neglect, the notification must be sent to the
superintendent of the Board of Education.
4. Principals/superintendents may be notified
about "indicated" dispositions prior to a CA/N hearing if the safety of
children in the school would be jeopardized by withholding that
information.
(k) Schools
And Allegations
Not Involving Discipline/
Corporal Punishment
1.
CPS staff in the county where the school is located shall conduct the CA/N
assessment.
2. The school principal
will be notified about the report. If the principal has been identified as the
person responsible for abuse/neglect, the superintendent of the Board of
Education shall be notified and may designate another school official to act as
the contact person during the CA/N assessment. The principal, superintendent or
designee shall also be kept informed about the CA/N assessment and called upon,
when appropriate, to expedite the CA/N assessment process. Information that may
be disclosed to this person includes allegations reported and who, at the
school, will be interviewed; name(s) of the school employees or volunteers who
have been identified as responsible for the abuse/neglect; approximate
timeframe within which the CA/N assessment will be completed; and any other
information that could prevent the abuse/neglect of other children at the
school. It may be appropriate for the person conducting the CA/N assessment to
request that the person responsible for abuse/neglect not have contact with
children at the school until the CA/N assessment is complete.
3. Persons allegedly responsible for the
abuse/neglect shall be provided written notice of the allegations within five
(5) working days of the report's receipt.
4. Parents/custodians of the children
allegedly abuse/neglected must be provided notice (written or verbal) that
addresses a general description of the allegations and information that a CA/N
assessment is being conducted. The identity of alleged person(s) responsible
for abuse/neglect of the identified children can be revealed to the
parents/custodians.
5. Child
welfare staff shall provide persons allegedly responsible for the abuse/neglect
with written notification of the disposition upon completion of the CA/N
assessment when the disposition is "not indicated" or "unable to complete." If
the disposition is "indicated," the notification is considered a preliminary
disposition and must include information on due process rights. If a CA/N
hearing is held, the hearing officer will notify persons allegedly responsible
for abuse/neglect as to the final disposition.
6. All individuals and agencies receiving
notification of the allegations shall also be notified about the disposition.
The notification is provided at the completion of the CA/N assessment for "not
indicated" and "unable to complete" dispositions, and following the provision
of due process rights if the disposition is "indicated."
7. Child welfare staff shall not disclose
"indicated" dispositional information prior to a CA/N hearing. If the safety of
the children in the school would be jeopardized by withholding that
information, the disposition may be shared with the principal, superintendent,
or designee prior to the hearing.
(l) Non-Finalized Adoptive Homes
1. "Non-finalized" means the child has been
placed in the adoptive home and the Adoptive Home Placement Agreement has been
signed, but the final decree of adoption has not yet been issued by the Probate
Court.
2. Child protective services
staff in the county where the adoptive home is located shall conduct the CA/N
assessment, and this person must not have responsibility for approving the
home. The person responsible for approving the home may be present during the
CA/N assessment interviews.
3. The
County Resource Unit responsible for approving the home and SDHR's Office of
Permanency shall be notified about the allegations when the report involves a
child in DHR permanent custody who has been placed in a non-foster parent
adoptive home.
4. If an adoptive
placement was made by a licensed child-placing agency, the agency administrator
shall be notified about the report and kept informed about the CA/N assessment
and called upon, when appropriate, to expedite the CA/N assessment process.
Information that may be disclosed to this person includes allegations reported;
name(s) of the adoptive parent(s) who have been identified as responsible for
the abuse/neglect; approximate timeframe within which the CA/N assessment will
be completed; and any other information that could prevent the abuse/neglect of
other children in the home.
5.
Persons allegedly responsible for abuse/neglect shall be provided notice of the
allegations within five (5) working days of the report's receipt.
6. A decision may be made to remove children
from the adoptive home at any time during the CA/N assessment process, and this
decision is the responsibility of the child's individualized service planning
team. The adoptive parents right to a CA/N hearing does not preclude DHR's
right to remove children prior to the hearing if the situation warrants the
removal.
7. Child welfare staff
shall provide persons allegedly responsible for the abuse/neglect with written
notification of the disposition upon completion of the CA/N assessment when the
disposition is "not indicated" or "unable to complete." If the disposition is
"indicated," the notification is considered a preliminary disposition and must
include information on due process rights. If a CA/N hearing is held, the
hearing officer will notify persons allegedly responsible for abuse/neglect as
to the final disposition.
8. All
individuals and agencies receiving notification of the allegations shall also
be notified about the disposition. The notification is provided at the
completion of the CA/N assessment for "not indicated" and "unable to complete"
dispositions, and following the provision of due process rights if the
disposition is "indicated." Due process rights are not extended to the adoptive
parents' family members, even if these family members are part of the
household. Information obtained about the adoptive parents' family members can
be used to determine the ongoing approval of the home.
9. Child welfare staff shall not disclose
"indicated" dispositional information prior to a CA/N hearing. If the safety of
the children in the home would be jeopardized by withholding that information,
the disposition may be shared with the reporter or the child-placing agency
administrator prior to the hearing.
(m) All Other Out-of-Home Care Settings
1. Reports of child abuse/neglect involving
incidents occurring in settings (e.g., unlicensed day care homes, church camps,
boy scouts, girl scouts) where the person allegedly responsible for the
abuse/neglect was in a caregiver role (paid or volunteer) at the time of the
alleged incident are assessed by Child protective services staff in the County
Department where the setting is located.
2. The person/agency/organization responsible
for supervising or overseeing the person allegedly responsible for the
abuse/neglect must be advised of the specific allegations. This person is to be
kept informed about the CA/N assessment. Information which may be disclosed to
this person includes allegations reported; name(s) of the person(s) who have
been identified as responsible for the abuse/neglect; approximate timeframe
within which the CA/N assessment will be completed; and any other information
that could prevent the abuse/neglect of other children in the setting. It may
be appropriate to request that the person allegedly responsible for the
abuse/neglect not have contact with the children during the course of the CA/N
assessment.
3. Persons identified
as allegedly responsible for the abuse/neglect must be provided written
notification of the allegations within five (5) days of the report's
receipt.
4. Parents/custodians of
the children identified in the report must be notified of the allegations. The
identity of alleged person(s) responsible for abuse/neglect of the identified
children can only be revealed to the parents/custodians.
5. Child welfare staff shall provide persons
allegedly responsible for the abuse/neglect with written notification of the
disposition upon completion of the CA/N assessment when the disposition is "not
indicated" or "unable to complete." If the disposition is "indicated," the
notification is considered a preliminary disposition and must include
information on due process rights. Due process rights for these individuals is
provided through an administrative record review, and if a review is held, the
SDHR administrative record reviewer will notify the person as to the final
disposition.
6. All individuals and
agencies receiving notification of the allegations shall also be notified about
the disposition. The notification is provided at the completion of the CA/N
assessment for "not indicated" and "unable to complete" dispositions, and
following the provision of due process rights if the disposition is
"indicated."
7. Child welfare staff
shall not disclose "indicated" dispositional information prior to an
administrative record review. If the safety of the children in the out-of-home
setting would be jeopardized by withholding that information, the disposition
may be shared with the reporter and the entity supervising/overseeing the
setting prior to the administrative record review.
(n) Timeframes for Completion - CA/N
assessments shall be completed within ninety (90) days from the date the child
neglect report is received. Due process procedures do not have an established
timeframe and are not included in the ninety-(90) day timeframe for completing
CA/N assessments.