Arkansas Administrative Code
Agency 016 - DEPARTMENT OF HUMAN SERVICES
Division 15 - Children and Family Services
Rule 016.15.14-008 - Policy II-C
Current through Register Vol. 49, No. 9, September, 2024
POLICY II-C: DIFFERENTIAL RESPONSE
01/2015
OVERVIEW
Differential Response (DR) is a family engagement approach that allows the Division to respond to reports of specific, low risk allegations of child maltreatment with a Family Assessment (FA) rather than the traditional investigative response. The goals of Differential Response are to prevent removal from the home and strengthen the families involved. As with investigations, Differential Response is initiated through accepted Child Abuse Hotline reports and focuses on the safety and well-being of the child and promotes permanency. Having two different response options in the child welfare system recognizes that there are variations in the severity of the reported maltreatment and allows for a Differential Response or an investigation, whichever is most appropriate, to respond to reports of child neglect.
Investigations require the gathering of forensic evidence in order to formally determine whether there is a preponderance of evidence that child abuse or neglect has occurred. Differential Response is an approach that uses a non-adversarial, non-accusatory Family Assessment approach. With DR, there is no finding of "substantiated" or "unsubstantiated", and no one is identified as a perpetrator or offender. Community involvement and connecting a family to informal, supportive resources in their local communities are crucial aspects to a successful intervention for all types of cases, but particularly for DR.
Differential Response is more likely to create situations where a family is receptive to services and is more likely to engage in those services. DR involves a comprehensive and collaborative Family Assessment of the family's strengths and needs and offers services to meet the family's needs and support positive parenting. The information obtained through the Family Assessment will be used to create a Family Plan, if applicable, which will be designed to strengthen protective factors within the family and mitigate any risk factors facing the family.
DIFFERENTIAL RESPONSE ELIGIBILITY CRITERIA
All of the following factors must be present for a report to be assigned to Differential Response:
A. Identifying information for the family members and their current address or a means to locate them is known at the time of the report;
B. The alleged perpetrators are parents, birth or adoptive, legal guardians, custodians, or any person standing in loco parentis;
C. The family has no pending investigation or open protective services or supportive services case;
D. The alleged victims, siblings or other household members, are not currently in the care and custody of Arkansas Department of Children and Family Services or wards of the court;
E. Protective custody of the children has not been taken or required in the current investigation; and,
F. The reported allegations shall only include:
The following circumstances involving the allegations prohibit the report from being assigned to a Differential Response pathway:
A. Inadequate Supervision reports involving a child or children under the age of five or a child five years of age and older with a physical or mental disability which limits his or her skills in the areas of communication, self-care, self-direction, and safety will be assigned the investigative pathway.
B. Educational Neglect reports involving a child that was never enrolled in an educational program.
C. Environmental Neglect reports involving a child or children under the age of three; and those situations in which the hotline assesses an immediate danger to the child's health or physical well-being based upon the severity.
D. Lock out reports involving a child or children under the age of ten; and those situations in which the hotline assesses an immediate danger to the child's health or physical well-being based upon the severity.
E. Medical Neglect reports involving a child or children under the age of 13 or a child with a severe medical condition that could become serious enough to cause long-term harm to the child if untreated will be assigned the investigative pathway.
F. Reports of human bites, sprains/dislocations, striking a child age seven or older on the face, striking a child with a closed fist, and throwing a child when these allegations occurred:
If upon initial DR contact with the family it is determined that there are additional children in the home who were not included in the hotline report and whose ages would, as outlined above, prohibit assignment to the Differential Response pathway, the DRT Supervisor and Specialist shall assess on a case by case basis whether a case will remain a DR case or be reassigned to the investigative pathway.
DIFFERENTIAL RESPONSE TIMEFRAMES
Face-to-face contact with the victim child(ren) and at least one parent/caregiver involved in a Differential Response report must take place in the victim child(ren)'s home within 72 hours of receipt of the initial hotline report. All other household members must be seen face-to-face within five days of receipt of the initial hotline report. Differential Response cases are intended to be short-term lasting no longer than 30 days with the possibility of only two 15 day extensions if necessary. If a DR case is not closed by the end of 30 days or the allowed extension timeframes, then it will be closed or reassigned as a Supportive Services case or as an investigation as appropriate.
DIFFERENTIAL RESPONSE TEAM
Family Assessments will be conducted by specific Differential Response Teams (DCFS teams or contract provider teams) whose role is to assess for safety and strengths, identify service needs, and arrange for the services to be put in place. The local Differential Response Team (DRT) may consist of up to three primary roles:
A. DRT Supervisor - Provides management services including review and approval of assessments, case plans, and appropriateness of service referrals, case file documentation, service extensions, and requests to close family assessment cases.
B. DRT Specialist(s) - Initiates contact with family and assumes the role of the family's advocate and case manager.
C. DRT Program Assistant(s) - Provides support and assistance as needed to the DRT Specialist(s) and families involved in DR cases.
At minimum, a local Differential Response Team will be comprised of a DRT Supervisor and a DRT Specialist.
REASSIGNMENTS FROM DIFFERENTIAL RESPONSE TO INVESTIGATIONS
Families have the option to decline to participate in the DR Family Assessment or associated services. If the refusal to participate does not impact a child's safety, the case may be closed. However, if DCFS is unable to conduct a Health and Safety Assessment and/or the case information indicates that a refusal to participate in the DR Family Assessment or associated services compromises a child's safety, the case will be reassigned to the investigative pathway.
If upon initial contact with the family an additional Priority II child maltreatment allegation (not related to the allegation connected to the DR referral provided by the Child Abuse Hotline) is identified by the DR Team, the DRT Specialist will contact the DCFS DR Coordinator or designee to add the additional Priority II allegation to the DR referral.
If upon initial contact with the family a Priority I child maltreatment allegation is identified by the DR Team, the DRT Specialist will immediately call the Child Abuse Hotline to the report the new Priority I allegation and then notify the DR Coordinator or designee of the new Priority I report.
If at any time during the DR service delivery period the DRT Specialist, contract provider, or other service provider has reasonable cause to believe that a safety factor is present and, as such, the child's health and/or physical well-being are in immediate danger (as related to the allegation(s) for which the initial DR referral was made), then the DRT Supervisor should contact the DCFS DR Coordinator or designee immediately for reassignment of the case to the investigative pathway.
If at any time during the DR service delivery period the DRT Specialist, contract provider, or other service provider identifies a new child maltreatment allegation (not related to the allegation connected to the DR referral) a call will be made immediately to the Child Abuse Hotline by the individual who suspects the new child maltreatment allegation.
REASSIGNMENTS FROM INVESTIGATIONS TO DIFFERENTIAL RESPONSE
If upon initial review of the hotline investigation referral it is determined that the referral is eligible for Differential Response, the local DCFS Supervisor may send an email request to the Child Abuse Hotline to assess for reassignment to the Differential Response pathway.
Procedure II-C1: Child Abuse Hotline Referral to Differential Response
01/2013
The Child Abuse Hotline Worker will:
A. Receive and document all child maltreatment allegation reports with sufficiently identifying information as defined by Arkansas law. Situations in which the hotline assesses as an immediate danger to the child's health and physical well-being based upon the severity of the allegations shall be excluded from the Differential Response pathway and referred to DCFS as an investigation.
B. Receive fax transmission in non-emergency situations by identified reporters who provide their name, phone number, and email address (for online reporting). Confirm receipt of fax transmission via a return fax transmission.
C. Conduct a history check on all reports unless call waiting to be answered by the hotline have been waiting for 15 minutes or longer. History checks wills be conducted on serious maltreatment allegations or allegations involving children 3 years of age and younger regardless of wait time.
D. Attempt to secure all information requested in each screen within the Referral Section of CHRIS and elicit all information requested on the "Referral" and "Narrative" screens:
E. Prioritize the report by keying the "Ref. Accept" screen. Central Registry Search results is a mandatory field on this screen. Use the Child Maltreatment Assessment Protocol (PUB-357) as a guide.
F. If the referral meets the Differential Response eligibility criteria noted above, forward the report to the Differential Response Coordinator or designee for assessment along with any pertinent Central Registry information.
G. Inform the caller if the report does not constitute a report of child maltreatment and make appropriate referrals.
H. Notify each mandated reporter who makes a call to the hotline if the mandated reporter's call is not accepted or is screened out on a subsequent hotline supervisor review. Said notification should be made within 48-hours excluding weekends and holidays.
Procedure II-C2: Receipt and Assignment of Differential Response Referral
05/2014
Upon receipt of the DR referral from the Child Abuse Hotline, the DCFS Differential Response Coordinator (DRC) or designee will:
A. Determine if the referral meets the criteria for Differential Response by completing a child maltreatment history check on the family to determine if there is an open case or investigation.
B. Reassign the referral to the investigative pathway (hotline call not required) if the DR referral is determined to be ineligible.
C. Review and assign Differential Response reports to the appropriate county's DR Team or contract provider no later than two hours after receipt of reports, excluding evenings, weekends, and holidays, provided initial face-to-face contact with the victim child(ren) and at least one parent/caregiver is made in the home within 72 hours of receipt of initial hotline report.
Procedure II-C3: Differential Response Initiation and Family Assessment
05/2014
The Differential Response Team (DRT) Supervisor will:
A. Assign each new report to a DRT Specialist within two hours of receipt from the DR Coordinator (or designee). Keep in mind that initial face-to-face contact with the victim child(ren) and at least one parent/caregiver must be made in the home within 72 hours of receipt of initial hotline report.
B. Conference with the DRT Specialist within 24 hours (excluding weekends and holidays in which case the conference will take place the next business day) after the DRT Specialist's initial face-to-face contact with the victim child(ren) and at least one parent/caregiver and identify a plan for the next steps to be taken.
C. Determine whether a transfer to investigation is appropriate:
D. Document all supervisor activities in CHRIS within twenty-four hours of completion of each activity. (excluding weekends and holidays in which case information will be entered on the next business day).
E. Regarding families with whom the DRT Specialist cannot make face-to-face contact, assess information and determine whether DRT Specialist has met due diligence no later than the seventh day after case assignment.
F. Provide consultation to the DRT Specialist as appropriate.
The Differential Response Team (DRT) Specialist will:
A. Prepare for meeting the family by completing the following activities prior to making initial face-to-face contact with the family:
B. Consider the DR report initiated when:
C. Provide the following information to the parent/caregiver and other household members during the initial in-home visit:
D. Gather information during the initial in-home visit through the activities listed below:
DRT Supervisor to determine whether a call to the Child Abuse Hotline and/or notification to the DR Coordinator or designee is appropriate.
E. Request a supervisor conference to review/discuss case information (i.e., allegation, risk/safety concerns, immediate needs, and other case specific information).
F. Document all activities, including the Health and Safety Assessment, in CHRIS within 24 hours after they are completed (excluding weekends and holidays in which case all activities will be documented on the next business day).
G. Visit with all other household members within five days from the time the referral was received at the child abuse hotline.
H. Update the Health and Safety Assessment in CHRIS for the family after all household members have been contacted.
DR Coordinator or designee will:
A. Conference with DRT Supervisor and Specialist regarding cases in which no contact with the family can be made to determine if the assessment should be closed as Unable to Locate or reassigned to the investigative pathway.
Procedure II-C4: Management of Family's Refusal to Participate
01/2013
When working with a family who refuses to participate, the DRT Specialist will:
A. If the DRT Specialist has been unable to conduct a Health and Safety Assessment, inform the family that the DRT Specialist must refer the case to the investigative pathway.
The DRT Supervisor will:
A. Discuss and assess case information and possible referral to the investigative pathway with the DRT Specialist. See above for information to be discussed.
B. If it is determined that:
The DRT Coordinator will:
A. Reassign any DR case in which the DRT Specialist is unable to conduct a Health and Safety Assessment to the investigative pathway.
Procedure II-C5: Differential Response Services Management
05/2014
If the parents agree to participate in DR services, the DRT Specialist will:
A. Engage the parents in a comprehensive and collaborative Family Assessment of the family's strengths and needs (and gather other relevant, corresponding information) within 14 days of receipt of referral from the Child Abuse Hotline. The Family Assessment may include:
B. Initiate services to meet any immediate needs of the family, including food, shelter, and clothing.
C. Place a copy of the Family Assessment in the family record.
D. Maintain a minimum of twice weekly contacts with the family, which must include contact with the children as appropriate in the household, unless the DRT Supervisor and the family determine that the contacts should occur more frequently.
E. Establish a Family Plan with input from the family. The Family Plan will be completed within 14 days of receipt of referral to the hotline. The Family Plan can be modified and revised as needed.
F. Identify and implement services to address the causes of the neglect.
G. Assess the family's reasonable progress in resolving the issue that brought them to the attention of the Division.
H. Maintain ongoing contact with the involved service providers as appropriate.
I. Create and maintain community partnerships that will benefit DR client outcomes.
J. Establish an Aftercare Plan with input from the family.
K. Submit the following documents to the DRT Supervisor before formalizing case closure with the family.
L. Participate in a closure staffing with the DRT Supervisor to discuss the closure request.
M. Close the case in CHRIS upon receiving DRT Supervisor approval for case closure.
The DRT Program Assistant will:
A. Help ensure clients are meeting the Family Plan goals in a DR case.
B. Assist with referrals to services identified in the Family Plan.
C. Provide transportation for clients as needed.
D. Assist DRT Specialist in maintaining contact with the family provided the DRT Specialist conducts the initial face-to-face contact and the majority of subsequent family contacts. Some PA contacts may be made by phone provided documentation supports that health and safety of children will still be ensured.
E. Conference with DRT Specialist on family progress.
F. Create and maintain community partnerships that will benefit DR client outcomes.
G. Document all activities in CHRIS within 24 hours of completion (excluding weekends and holidays in which case activities will be documented the next business day).
The DRT Supervisor will:
A. Conference with the DRT Specialist and DRT Program assistant as needed regarding the family's Differential Response case and associated services.
B. Review and approve Family Assessments, Family Plans, and appropriateness of service referrals.
C. Review DR case closure request including :
D. Hold a closure staffing with the DRT Specialist to discuss the closure request and determine if the request will be approved or denied.
E. Approve or deny case closure request as appropriate.
Procedure II-C6: Service Extensions
05/2014
If a family involved in a Differential Response case will not be able to complete the Family Plan within 30 days, the DRT Specialist will:
A. Conference with DRT Supervisor regarding reason(s) for which Family Plan cannot be completed.
B. Obtain approval for 15 day extension from DRT Supervisor if appropriate (note: an extension cannot be approved earlier than the 25th day from the day the initial referral was opened).
C. Document approval of 15 day extension in CHRIS.
D. Revise Family Plan (if appropriate) with input from family for family to complete within 15 days.
E. Obtain approval for extended Family Plan (if applicable) from DRT Supervisor.
F. Assist family with implementation of extended Family Plan as appropriate/applicable.
G. Monitor progress of extended Family Plan including maintaining a minimum of twice weekly contacts with the family, which will include contact with the children in the home.
H. If family:
If a family involved in a Differential Response case will not be able to complete the Family Plan within 30 days, the DRT Supervisor will:
A. Conference with DRT Specialist regarding reason(s) for which Family Plan cannot be completed.
B. Conference with DRT Specialist regarding monitoring of extended and/or revised Family Plan as applicable.
C. If family:
A. Conference with DRT Supervisor regarding reasons for second extension request.
B. Approve or deny second 15 day extension requests as appropriate.
C. Conference with Differential Response Team regarding DR cases that have already been granted two 15 day extensions to determine most appropriate course of action (i.e., case closure, reassignment to supportive services case, or reassignment to an investigation).
DRT Program Assistant will:
A. Help ensure clients are meeting the revised Family Plan goals.
B. Assist with referrals to services identified in revised Family.
C. Conference with DRT Specialist on family progress.
D. Provide transportation for clients as needed.
Document all activities in CHRIS within 24 hours of completion (excluding weekends and holidays in which case activities will be documented on the next business day).