“What Every Educator Needs To Know About DCF” Allison Blake, Ph.D., L.S.W. Commissioner Lisa Von Pier, Assistant Commissioner, DCP&P Objectives To enhance participant's knowledge and understanding of the role of court, educators, and system partners in reporting suspicions of child abuse and neglect. To provide participants with an overview of the DCF investigatory process for families and institutions. To provide participants with an understanding of the DCPP family engagement model and collaboration with system and community partners. Welcome! Department of Children & Families Overview Thomas Farrell, Casework Supervisor NJ Child Abuse Hotline-SCR Alan Machbitz, Regional Supervisor IAIU-Northern Region Lori Sanders, Special Projects Manager DCF-DCPP- Central Office Our Belief The core of the child welfare reform in New Jersey is to build a culture within the agency and with community stakeholders which allows partnership with children and families to achieve their fullest potential. Most families have the capacity to change with the support of individualized service plans. By actively listening to our families, we are able to assess the needs of the children, youth and families in a respectful and responsive manner that builds upon their strengths. When it is time for the family to end its involvement with DCP&P, a team of formal and informal supports can help support the family’s transition. 4 State Central Registry 877-NJ ABUSE 877-652-2873 The New Jersey Child Abuse Hotline is dedicated to ensuring the protection of children, and the preservation of families. Department of Children & Families Investigations: • Division of Child Protection & Permanency (DCP&P) Investigates alleged abuse occurring within in-home settings • Institutional Abuse Investigation Unit (IAIU) Investigates alleged abuse occurring in out-of-home settings What are My Obligations to Report Child Abuse and/or Neglect? Every person in the State of New Jersey is a mandated reporter. State law (N.J.S.A. 9:6-8.10), requires “Any person having reasonable cause to believe that a child has been subjected to child abuse or acts of child abuse shall report the same immediately…by telephone or otherwise….” 7 Important Notice for all Reporters A Division representative shall not disclose, confirm, or deny the identity of a reporter, unless: The reporter gives prior written consent; and The disclosure is not likely to endanger the life or safety of the reporter or other person or result in the discharge of or discrimination against the reporter with respect to his or her employment; or Disclosure is permitted by statute or court rule. A Division representative shall not release the name or any other information identifying the person or entity who reported a child fatality or near fatality to the Division to the public or the media pursuant to N.J.S.A. 9:6-8.10a, whether or not the reporter gives prior written consent. 8 What if I suspect abuse and do not report it? Failure to report abuse can have devastating consequences for a child and it can have legal consequences for you. N.J.S.A. 9:6-8.14 Any person knowingly violating the provisions of this act including the failure to report an act of child abuse having reasonable cause to believe that an act of child abuse has been committed, is a disorderly person. N.J.S.A. 2C:43-3 and 2C:43-8 Any person who knowingly fails to report suspected abuse according to the law is a disorderly person and subject to a fine up to $1,000 or up to 6 months in prison, or both. 9 What if I am not sure if a child has been abused and/or neglected? Err on the side of caution. Call the Child Abuse Hotline and they will help determine if the situation is considered child abuse or neglect. By law (N.J.S.A.9:6-8.13), you are protected from civil or criminal liability, discharge from employment, and discrimination, if you make a report in good faith. 10 Schools Have a Dual Reporting Requirement N.J.S.A. 18A: 36-25 All school districts shall be required to establish policies designed to provide for the early detection of missing and abused children. These policies shall include provisions for the notification of the appropriate law enforcement and child welfare authorities when a potential missing or abused child situation is detected. 11 Who can make a referral? The child/victim Parents, relatives, friends Facility staff School personnel Hospitals Law Enforcement Anonymous referents Reasonable cause to believe there is risk to a child is enough to report You do not need proof. Let DCP&P Investigate. Report • • • • When you see signs of abuse/neglect When a child tells you about the abuse/neglect When you witness abuse/neglect When a parent or other individual tells you Don’t Delay to Report • A delay could allow further harm to occur • A delay could cause the child to be seen in a less neutral setting 13 The Referral Process Calls come into the hotline and are answered by screeners Information is taken by the screener and a determination is made regarding what type of report is to be generated All referrals are documented: matter is either sent to a field office for response, routed to the appropriate agency, or documented in the DCF system What you should know when calling… ♦ Calls are recorded for Quality Assurance purposes. ♦ SCR is staffed 24 hours a day, 365 days a year with specially trained screeners and supervisors. ♦ This is the only “point of entry” for reports of suspected abuse and neglect. ♦ Screeners follow a standard protocol. ♦ Use of the “allegation-based system.” Child Abuse/Neglect Referrals & Allegation Based System System of 32 categories developed that defines allegations of abuse and neglect Determines the criteria SCR utilizes for accepting a report of child abuse/neglect Directs the child abuse investigation to be conducted by local office and IAIU staff Defining Abuse and Neglect The physical or mental injury, sexual abuse, or negligent treatment of a child by a person responsible for the child’s welfare. This means the omission, commission, or both, of an act which allow the child to be placed at Corporal Punishment Findings of excessive corporal punishment will be made where a parent uses physical force against his or her child for discipline or other reasons in an excessive fashion. Incidences of excessive corporal punishment that make the child likely to be found to be an abused or neglected child within the meaning of N.J.S.A. 9:6-8.21(c)(4)(b) include those in which: 1. The physical contact is sufficiently malicious, or 2. The contact is done regularly or systemically, or 3. The child is left with serious marks, bruises, or demarcations from the physical contact. Emotional abuse: The criteria used by DCP&P Emotional abuse and/or neglect is conduct by a child’s parent or caregiver toward the child which contributes to, causes, allows or permits: Significant and/or persistent emotional pain, harm or impairment; and/or Significant vulnerability to or risk of such pain, harm or impairment; and/or Significant exacerbation of a child’s existing emotional pain or impairment. Educational Neglect Educational Neglect means: • The parent or caregiver has willfully failed to provide a school-age child (ages 6-16) with a regular education, as prescribed by applicable State law. • A school age child is enrolled in a school program but is failing to attend on a regular, ongoing basis. The school system/board of education must exhaust all its remedies under State education law, administrative code and local programs and procedures before making a report to DCP&P. 20 What are common signs of abuse/neglect? • Indicators of physical abuse: unexplained or questionable bruises, welts, burns, lacerations, fractures, abrasions, etc. • Indicators of sexual abuse: complaints regarding genital/anal areas, sexually transmitted diseases, unusual knowledge about or preoccupation with sex. • Indicators of neglect: consistent hunger, poor hygiene, inappropriate dress, lack of supervision. • Indicators of emotional maltreatment: may include aggressive or withdrawn behavior, unusual fears, running away, sudden change in mood or behavior. • A child may directly report that he/she has been abused! • Staff may directly observe a sign or act of abuse or neglect. • Frequent or questionable absenteeism of a student is a cause for potential concern. Details Make a Difference Who: Identify the people involved – the child, the alleged perpetrator and their relationship to the child; parents, siblings, others in the home- Dates of Birth; Addresses; Your name and contact information What: Type of Abuse/Neglect; Describe the incident; What happened that caused your concern? What is the child’s current condition? When: When did the incident happen? What is the frequency? When did you learn about it? Details make the difference (cont.) • Where did the incident take place? Where is the child now? Does the alleged perpetrator have access to the child? • How urgent is the need for intervention? Is there a likelihood of danger for the caseworker? What Happens After I Report? • CPS-Family, CPS-IAIU, CPS-Other Investigation Requires an Immediate or 24-hour response • Child Welfare Services (CWS) Assessment Immediate, 72-hour or 5-day response • Related Information (RI) No mandated response • Information & Referral (I&R) Does not require DCF intervention or response 24 Send comments or questions to dhschildrenservices@dhs.state.nj.us 25 Institutional Abuse Investigation Unit (IAIU) As part of New Jersey’s legal mandate to investigate all allegations of abuse and neglect, the Department of Children and Families (DCF) operates the Institutional Abuse Investigation Unit. IAIU is a child protective service unit that investigates reports of abuse or neglect that occur in public and private facilities that provide care to children under 18 years of age. (However, if an 18 year old alleges abuse/neglect when they were a minor, IAIU will investigate) 26 What should ADMINISTRATION do after a report is made? Ensure the safety of the child victim and other children in the facility (examples of remedial action) Secure any needed medical attention Complete any routine reports (not statements) which are required by the standard operating procedure of the facility. Have reports available at the time of the investigation. What NOT TO DO After a Report is Made? Do NOT further question the child victim after the report is made. Do NOT inform the alleged perpetrator of any details pertaining to the report of abuse or the identity of the complaining or implicated child. 27 Structure IAIU operations are overseen by the Director of IAIU at the Central Office located in Trenton, NJ. Each IAIU Investigator is assigned to one of four regional offices throughout the state. Staff respond to allegations of Institutional child abuse/neglect in their assigned region. 28 What Type of Facilities Does IAIU Investigate? • • • • • • • • Foster Care/Resource Homes Residential Facilities Youth Shelters Detention Centers/Correctional Facilities Group homes Bus Companies Schools (public and private) Child Care Centers 29 Examples of Caregivers? Foster Parents/Resource Providers Youth Workers Teachers Aides Bus Drivers Corrections Officers and Security Guards Facility Staff 30 Special Exceptions Allegations against doctors Private classes (dance, karate, etc…) Township/county operated programs and camps (ie. Little League) Relative and Kinship care w/custody 31 Information Gathering Process The facility administrator should be prepared, upon request, to provide the investigator with supporting documentation relevant to the investigation * incident reports * disciplinary information * training documentation * facility policies * medical reports * staff assignment logs * time sheets * employment history In facilities that have an Internal Affairs Unit, the IAIU investigator Will contact the IA investigator directly for information. 32 Interviews The Investigator begins his/her fact finding process by conducting interviews with various individuals. Administrator, child victim, child witnesses, medical staff, Social Worker, staff witnesses, Internal Affairs Unit, alleged perpetrator, (order can vary from case to case) Investigators should be provided with a safe and private meeting area which is conducive to conducting interviews. Who can be interviewed? • All individuals identified in the referral • Individuals mentioned in an interview • Anyone present during the alleged incident • Anyone who may have information regarding the incident/allegation 33 Interim Status Report IAIU investigations are expected to be concluded within 60 calendar days of assignment from SCR. If the investigation continues beyond the 60 day limit, an interim status letter will be sent to the institution’s administrator advising him/her of any immediate concerns regarding the investigation. 34 Exceptions To Surpassing Time Frames • IAIU needs information from the County Prosecutor, a law enforcement authority or the court. • Crucial collateral information or a written report is needed; i.e. a diagnosis, written evaluation from a medical professional, a medical/doctor’s report. • Additional interviews of witnesses that may be difficult to locate, refusing to give a statement, etc. 35 Final Report After the investigation is complete, a final report is issued. Each appropriate entity is notified of the findings of the investigation to enhance its ability to promote safety for the children in care, and minimize the likelihood of future child maltreatment in the setting. 36 In Partnership with NJ Communities, DCF will ensure the safety, permanency, well being and success of New Jersey’s children and families. 37 DCF at a Glance • Division of Child Protection & Permanency (DCP&P) (877) NJ ABUSE • Division of Family and Community Partnerships (609) 888-7400 • Office of Adolescent Services (609) 888-7100 • Office of Advocacy (877) 543-7864 • Children’s System of Care (609) 888-7200 • Office of Education (609) 588-3157 • Division on Women (609) 888-7164 • Institutional Abuse Investigation Unit (IAIU) (877) NJ ABUSE • Office of Performance Management and Accountability (609) 888-7100 • Child Welfare Training Academy(DCF Professional Center) (732) 448-6300 • Office of Licensing (609) 777-5942 38 CFT/FTM Preparation and Facilitation Process Child Protection & Permanency Children’s System Of Care/Care Management Organization May 1, 2013 The Importance of Conducting Joint CFT/FTM The goal of having a combined CFT/FTM is to: Engage the youth and family in services by using a strengths-based, team approach to maximize opportunities for successful outcomes Develop a unified and streamlined plan for children and families dually managed by both entities The Importance of Conducting Joint CFT/FTM Encourage the youth and family to actively participate in the development of an Individualized Service Plan (ISP)/Family Agreement that will: 1) Identify strengths and needs of the family 2) Strategize to meet the identified service needs Benefits of conducting a Joint CFT/FTM One family, one meeting Shows the family that they are not alone in this process and that they are being supported Helps to identify formal and/or informal supports for the family Enhances communication among all team members Shows effective collaboration between service providers and the family When might a youth be involved with both DCP&P and CMO? Youth’s moderate-intense mental/behavioral health needs interfere with functioning in the community, and: There are concerns regarding one or more of the following: Abuse Neglect Permanency Confirm a date with the family for the CFT/FTM and ensure supports are identified Identify formal & informal supports to be invited to the meeting. Explore what each team member can contribute and what is needed to achieve the desired outcomes Explore alternative methods for participation if identified supports are unable to attend (i.e., telephone, written summary, etc.) (Cont.) The team will discuss that the meeting’s focus should be based on strengths and needs which will ensure that family members feel comfortable telling their story Determine if there are any potential conflicts (i.e., emotional, legal) among participants Determine meeting logistics (facilitation, location, transportation, etc.) Include the FSO whenever possible Prep/Meet and Greet ⇨ DCP&P completes Prep with the family, gains the Family Story and discusses the Agenda. DCP&P helps the family to select team members ⇨ CMO Completes a Meet and Greet within 72 hours of being referred to the family. CMO explains the CFT process and completes the Strength and Needs Assessment The Joint Agenda Welcome Purpose of the FTM/CFT Meeting Ground Rules Confidentiality/CFT forms/CP&P sign in sheet Non-Negotiable-DCP&P Family Vision/Desired Outcomes The Family Story-DCP&P Strengths Discovery (DCP&P and CMO) Identification of Individual and Family Needs Developing the Family Agreement/Individual Service Plan Review of Family Crisis Plan/What Could Go Wrong Coordination and Follow Up As we all know teaming is much more than the actual team meeting. Teaming is about constant communication amongst all team members. As we move forward it is important to remember that ALL PERTINENT INFORMATION MUST BE SHARED WITH THE TEAM Likewise, changes to the plan should be made with input from the team One family, one plan, one meeting THANK YOU FOR YOUR PARTICIPATION FEEDBACK? COMMENTS? QUESTIONS?