How to write a Motion To Dismiss for OCS Juvenile Court In Alaska

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Yes, we have a Motion To Dismiss template for you. It is inside our course on:

How To Get Your Children Back In Juvenile or Family Court

 

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OUR COURSES TEACH YOU WHAT TO SAY AND DO IN JUVENILE DEPENDENCY COURT CASE AND GET YOUR CHILDREN BACK....

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In order to write a Motion To Dismiss, you must first understand the rules of the court, the laws of the land. Go over the parts below that pertain to your situation and write those law numbers down. You will be needing them later in our course.

 

 

Alaska Child Protective Services Manual

Links to State and Tribal Child Welfare Law and Policy

Child Witnesses to Domestic Violence

 

Most of what you are reading in this course is just for telling you what to do WHILE you get YOUR law case against them together.

The only real way you are going to get your child back is to speak to CPS and their court as MAN or WOMAN using what is known as common law. 

You have to talk "lawful" words to them instead of "legal". As long as you talk "legalese", you will be in their jurisdiction.

Once you learn how, (in the next course) you will be able to DEMAND your children home.

They trespassed on your PROPERTY (Children).

• I am going to teach you how to walk into Juvenile or Family court and demand your children back.
• If they do not, you can then sue them in a court of common law where YOU get to be the judge.
• I will show you a simple way to get out from under their jurisdiction.
• In this course, I give you all the information you need including templates 
• I show you how to get the information you need to fill it out.
• I even show you WHAT to say in court.
• EVERYTHING is in this course! It can't be any simpler!

What is that worth to you? What is your child worth to you? This course is worth $2,000 but I am only asking $75

 

Definitions of Child Abuse and Neglect

Definitions of Domestic Violence

Making and Screening Reports of Child Abuse and Neglect

Parental Drug Use as Child Abuse

Representation of Children in Child Abuse and Neglect Proceedings

Case Planning for Families Involved With Child Welfare Agencies

Court Hearings for the Permanent Placement of Children

 

Most of what you are reading in this course is just for telling you what to do WHILE you get YOUR law case against them together.

The only real way you are going to get your child back is to speak to CPS and their court as MAN or WOMAN using what is known as common law. 

You have to talk "lawful" words to them instead of "legal". As long as you talk "legalese", you will be in their jurisdiction.

Once you learn how, (in the next course) you will be able to DEMAND your children home.

They trespassed on your PROPERTY (Children).

• I am going to teach you how to walk into Juvenile or Family court and demand your children back.
• If they do not, you can then sue them in a court of common law where YOU get to be the judge.
• I will show you a simple way to get out from under their jurisdiction.
• In this course, I give you all the information you need including templates 
• I show you how to get the information you need to fill it out.
• I even show you WHAT to say in court.
• EVERYTHING is in this course! It can't be any simpler!

What is that worth to you? What is your child worth to you? This course is worth $2,000 but I am only asking $75

 

Determining the Best Interests of the Child

Grounds for Involuntary Termination of Parental Rights

Placement of Children With Relatives

 

 

Most of what you are reading in this course is just for telling you what to do WHILE you get YOUR law case against them together.

The only real way you are going to get your child back is to speak to CPS and their court as MAN or WOMAN using what is known as common law. 

You have to talk "lawful" words to them instead of "legal". As long as you talk "legalese", you will be in their jurisdiction.

Once you learn how, (in the next course) you will be able to DEMAND your children home.

They trespassed on your PROPERTY (Children).

• I am going to teach you how to walk into Juvenile or Family court and demand your children back.
• If they do not, you can then sue them in a court of common law where YOU get to be the judge.
• I will show you a simple way to get out from under their jurisdiction.
• In this course, I give you all the information you need including templates 
• I show you how to get the information you need to fill it out.
• I even show you WHAT to say in court.
• EVERYTHING is in this course! It can't be any simpler!

What is that worth to you? What is your child worth to you? This course is worth $2,000 but I am only asking $75

 

Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children

Standby Guardianship

[/vc_column_text][/vc_tta_section][vc_tta_section i_icon_fontawesome=”fa fa-balance-scale” title=”2.2.5 CONDUCTING AN INITIAL ASSESSMENT” tab_id=”alaska-cps-statutes” add_icon=”true”][vc_column_text]

OUR COURSE TEACHES YOU HOW TO FILE A MOTION  IN CPS JUVENILE COURT

 

 

OCS Statutes & Rules

2.2.5 CONDUCTING AN INITIAL ASSESSMENT

AUTHORITY:

25 U.S.C. §§ 1901–1923 Indian Child Welfare Act of 1978 (ICWA)

42 U.S.C. § 5106a(b)(2)(A) Grants to States for Child Abuse and Neglect Prevention and Treatment Programs

AS 47.10.093Disclosure of Agency Records

AS 47.17.027 Duties of School Officials

AS 47.17.030 Action on Reports;Termination of Parental Rights

AS 47.17.033 Investigations

7 AAC 54.040 Release of Child Protection Information to Persons with Legitimate Interests

7 AAC 54.150 Disclosure of Child Protection Information to Other States

P.L 113-183 Preventing Sex Trafficking and Strengthening Families Act of

PURPOSE: To collect sufficient information regarding the allegations contained in the report to complete initial assessment to form an assessment of the family, which will then inform decisions and guide if safety interventions are needed.

BACKGROUND INFORMATION:

A. Federal Law:

In order to receive funding under the Child Abuse Prevention and Treatment Act, each state is required to operate a statewide program, relating to child abuse and neglect that includes:

1. procedures for reporting known or suspected instances of child abuse and neglect and procedures for the immediate screening, risk and safety assessment, and prompt initial assessment of such reports;

2. policy and procedures to address the needs of infants born and identified as being affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure; and

3. provisions and procedures for referral of a child under the age of 3 who is involved in a substantiated case of child abuse or neglect to early intervention services.

4. For any child or youth over whom the State agency has responsibility for placement, care, or supervision and who the State has reasonable cause to believe is, or is at risk of being, a sex trafficking victim (including children for whom a State child welfare agency has an open case file but who have not been removed from the home, children who have run away from foster care and who have not attained 18 years of age and youth who are not in foster care but are receiving services. The State agency shall report immediately, and in no case later than 24 hours after receiving, information on missing or abducted children or youth to the law enforcement authorities for entry into the National Crime Information Center (NCIC) database of the Federal Bureau of Investigation, established pursuant to section 534 of title 28, and to the National Center for Missing and Exploited Children

B. State Law:

1. The department is required to investigate reports of child abuse or neglect and take action, in accordance with law, that may be necessary to prevent further harm to the child or to ensure the proper care and protection of the child.

2. When the department has determined that an interview at school is a necessary part of an initial assessment to determine whether the child has been abused or neglected and the interview at school is in the best interest of the child, school officials shall permit the child to be interviewed at school by the department before notification of, or receiving permission from, the child’s parent, guardian, or custodian. A school official shall be present during the interview at school unless the child objects or the department determines that the presence of the school official will interfere with the initial assessment.

3. Immediately after conducting an interview authorized under this section, and after informing the child of the intention to notify the child’s parent, guardian, or custodian, the department shall make every reasonable effort to notify the child’s parent, guardian, or custodian that the interview occurred unless it appears to the department that notifying the child’s parent, guardian, or custodian would endanger the child.

POLICY:

A. All initial assessments shall be conducted by an Office of Children’s Services (OCS) Protective Services (PS) Specialist who has been trained to conduct child abuse and neglect initial assessments and trained in assessing safety.

B. Documentation will be entered into ORCA within five business days of contact with the following individuals:

1. Alleged victim(s);

2. Siblings and other children in the home;

3. Caregiver(s);

4. Alleged perpetrator; or

5. Collateral contacts (includes, but not limited to other household members, Tribal partners, service providers, school personnel and neighbors).

C. An initial assessment involves making contact within the assigned response timelines in order to:

1. Gather safety-related information;

2. Determine present and impending danger (10 threats);

3. Determine child vulnerability;

4. Determine if the parent or caregiver can or cannot and/or will or will not protect;

5. Determine whether to substantiate or not substantiate child abuse or neglect;

6. Determine risk level.

7. Determine whether the child may be eligible for membership in an Indian Tribe.

D. The information gathering process requires contact with collaterals, and in most circumstances will require collaboration with other agencies and/or Tribes to gather necessary information, develop sufficient safety plan, analyze safety threats, and complete the initial assessment and safety assessment.

E. PS Specialists must quickly identify, contact, and share information with its Tribal partners, in the spirit of cooperation, to the extent permitted by law.

1. If the report of abuse or neglect involves an Indian child, OCS will make diligent efforts to identify the child’s Tribe, and notify the child’s Tribe or the local community Tribe of the existence of the report as soon as practicable.

2. Formal proof of membership is not necessary; informal verbal confirmation by an authorized Tribal representative is sufficient. OCS will invite the Tribe to participate in the initial assessment.

F. The initial assessment must be completed within 30 days of assignment.

G. All documentation must be entered into ORCA within 15 days of the completion of the initial assessment. H. Protective Services (PS) IVs must approve the initial assessment or recall/return to the PS Specialist within 7 days of receiving the initial assessment in ORCA.

I. Information received that indicates that a child is missing, abducted or has been a victim of sex trafficking or at risk for, will be reported immediately, within 24 hours to law enforcement for entry into the National Crime Information Center (NCIC) and the Intake Unit:

PROCEDURES:

The required initial assessment activities are outlined below. The activities are described in a logical order in these procedures, but the actual order in which they occur is controlled by the specific circumstances in a given case.

A. Review Records:

The assigned PS Specialist will:

1. Thoroughly review the Protective Services Report (PSR).

2. Thoroughly review any paper and electronic records maintained by OCS for historical information on the family and the child. In particular, the PS Specialist should look for:

a. prior PSRs;

b. court records;

c. prior evaluations (substance abuse/mental health);

d. safety plans;

e. worker safety concerns

3. Make diligent efforts to contact another state’s child welfare agency when the PS Specialist has information that the family has lived in another state. The PS Specialist should request records, if any, related to CPS history or interventions.

4. Request and review information from the Alaska Public Safety Information Network (APSIN) on adults listed in the PSR. The PS Specialist should look for: a. any charges that could indicate safety concerns for the PS Specialist; b. any charges that correlate to allegations.

5. Inquire with child’s Tribe to see if there is a pending child protection case in the Tribal court and review any court orders that are provided by the Tribal court. If there is a Tribal court order the PS Specialist should consult with the AAG.

6. At the initial meeting, the PS Specialist will give the parent or guardian a copy of the OCS brochure “Parent’s Rights: What You Need to Know About a Child Protection Initial Assessment.” The PS Specialist will encourage the parent to review this material closely and will inform the parent that they have the right to deny interviews or access to their home by the state and (if applicable) the Tribal worker. The PS Specialist must also explain the potential consequences of not cooperating with the initial assessment. Potential consequence may include but are not limited to, OCS having to make a decision regarding the child’s removal without the benefit of having the parent’s side of the story.

B. Determining Tribal Affiliation:

1. At the outset of every case, the PS Specialist will investigate to determine whether the child may be a member or eligible for membership in an Indian Tribe. If a child’s ICWA eligibility cannot be confirmed, the case will be treated like an ICWA case and active efforts will be provided until it is determined that the child is not eligible under ICWA.

2. If the child is believed to be Alaska Native or American Indian, the PS Specialist will verify the child’s Tribal affiliation as soon as possible by contacting the Tribe(s) believed to be the child’s Tribe, based on the information received from a Tribal representative and document the following information in an activity note, and complete the child’s ICWA Tab in ORCA:

a. the name, position, and contact information of the Tribal representative;

b. the date of contact;

c. how contact was made (email, phone, fax, etc.)

d. the nature of the child’s affiliation, if any, with the Tribe (for example, whether the child is a member of the Tribe, whether the child is eligible for membership in the Tribe, and whether one of the child’s parents is a member of the Tribe); and

e. transfer the information into the child’s ICWA Tab in ORCA. C. Information Sharing with Tribes: If a Tribal representative requesting information the PS Specialist will (detailed policy under 6.1.2 Confidentiality Section):

1. Determine if the Tribe as an agreement with OCS to share information under specific areas (list of Tribes posed on OCS website);

2. Determine which information is protected by law or otherwise specifically protected and will not be shared in compliance with 6.1.2 Confidentiality.

D. Collaboration with Tribes:

1. Before the initial contact with the parent or guardian the PS Specialist will:

a. contact the child’s Tribe and

b. invite the Tribal representative to participate in the initial assessment

c. inquire with the Tribe how OCS can be culturally appropriate during the initial assessment;

d. the PS Specialist will disclose that a PSR was received but not the allegations in the report unless the above conditions outlined in (C) above have been met.

2. If the child’s Tribe is unknown or not physically present in the community the child lives in, contact a Tribal representative in the area where the child lives and invite them to be present at the initial contact with the parent/guardian.

3. If a Tribal representative is not present, the PS Specialist will inform the parent of their right to request one present and right to postpone the interview. OCS will honor a request to postpone and interview but will take immediate action to keep a child safe, if necessary.

4. If a parent or guardian requests to limit or exclude Tribal involvement, the PS Specialist must document the objection to Tribal involvement in ORCA activity note. The PS Specialist will inform the parent or guardian that certain child protection information may be shared with Tribes:

a. to assist with OCS’s initial assessment; or

b. to aid in providing services or placing a child if releasing the information is in the child’s best interest; or

c. the child’s Tribe asks for information from OCS and indicates the request is for a purpose related to child protection, including investigating the allegations in the PSR.

5. If the parent or guardian does not ask to limit or exclude Tribal involvement, the PS Specialist will invite the child’s Tribe or the local Tribe to continue to participate in OCS’s initial assessment. The invitation should be documented. The PS Specialist will then:

a. ask that the Indian child’s Tribe or local Tribe share information with OCS to ensure a more complete initial assessment and avoid interference and/or duplication of efforts;

b. share all relevant information within OCS’s possession that is not protected by law or special privilege (see (B)(2) above).

c. consult with the Tribal representative after meeting with the parent or guardian to review the interview, discuss investigative findings, and discuss what referrals and services may be appropriate for the family.

6. The PS Specialist shall consult with a PS Specialist IV or AAG if uncertain as to whether child protection information should be shared with the Tribe.

7. The PS Specialist will coordinate any interview with an Indian child — with law enforcement, school employees, or the PS Specialist, etc. — with the Tribe to reduce the number of interviews and minimize trauma to the child.

E. Collaborate with the Military: If the child is a member of an active-duty military family, the PS Specialist will:

1. Notify the local military personnel designated by state and regional protocol agreements.

2. Coordinate the initial assessment with the designated military personnel.

3. Consult with the PS Specialist IV and review letters of agreement to determine protocol and specific responsibilities for the initial assessment when the family lives on or off base or post.

F. Collaborate with Law Enforcement:

1. The local law enforcement agency will be notified verbally or by fax determining need for collaboration in the assessment if one or more of the following exists:

a. Allegation of sexual abuse;

b. Allegation of physical or sexual abuse involving an out-of-home care provider or a person who is not responsible for the child’s welfare, or the PS Specialist is unable to determine who caused the harm to the child or whether the person believed to have caused the harm has responsibility for the child’s welfare;

c. Allegation of abuse or neglect where the alleged victims required immediate medical care;

d. Allegation of abuse or neglect where there’s a suspected methamphetamine lab and/or drug distribution occurring.

e. Information on children or youth who are missing or have been victims of sex trafficking. OCS staff member will contact law enforcement for entry into the NCIC and Intake Unit immediately, no later than 24 hrs after receiving  information.

2. If an allegation of sexual abuse or severe physical abuse exists, the PS Specialist will make a referral to the Child Advocacy Center (CAC) serving the area. For outlying communities, the referral will be made according to the multidisciplinary team protocol. If a child discloses sexual abuse during an initial assessment of physical abuse or neglect, the PS Specialist will coordinate an interview at the CAC.

a. The PS Specialist will fax information from the protective services report to the CAC and request the CAC to arrange and coordinate with OCS and law enforcement for an interview with the child. Any information about reporter’s identity will be redacted prior.

b. If there is a non-offending caretaker, they will be requested to accompany the PS Specialist and the child to the CAC or will be requested to give permission for the child to be taken to the CAC.

c. If the non-offending caretaker refuses to allow the child to be transported, or there is no non-offending caretaker, the PS Specialist will determine if there is probable cause to assume emergency custody by consulting with their AAG in order to transport the child to the CAC to be interviewed.

d. Coordination of the interview and any necessary follow up medical examination(s) and services will be completed according to the Multidisciplinary Team protocols.

e. In accordance with Alaska Statute, all sexual abuse interviews will be videotaped unless videotaping will result in trauma to the child.

3. A PS Specialist will not interview a child more than once unless new information is obtained, and the new information constitutes the need for an additional interview performed as described above.

4. If additional interviews are determined necessary then the same PS Specialist will conduct follow up interviews with the child to the extent possible.

5. Every effort will be made to coordinate the interview with the necessary members of the initial assessment team to minimize trauma to the child, (OCS PS Specialist and law enforcement officer at the minimum).

H. Contact Collateral Sources:

1. The PS Specialist shall contact collateral sources (people who may have significant information about the alleged incident, past incidences, or general family functioning, including adult and child functioning) who can clarify or supplement the information in the referral and in records already reviewed.

2. Collaterals may include but are not limited to:

a. extended family members;

b. child care providers;

c. next door neighbors;

d. doctors;

e. teachers, school principals, school nurse;

f. community health aides;

g. police, public safety officers;

h. Tribal representatives and service providers

3. The PS Specialist will gather information from collateral sources throughout the initial assessment. I. Consult with a PS Specialist IV:

1. The PS Specialist will consult with a PS Supervisor regarding the nature of the allegations and safety related information contained within the report and confirm the planned approach before beginning the initial assessment.

2. The PS Specialist and PS Supervisor discussion will include:

a. information in the PSR;

b. notification to others (i.e. Tribe(s), law enforcement);

c. initial assessment coordination with others (Tribe(s), CAC, law enforcement);

d. approaches to ensure PS Specialist safety;

e. approaches to ensure successful contact and interviews with family, (i.e. timelines, cultural considerations, victim ages, etc.)

J. Worker Safety:

1. When the safety of the PS Specialist conducting the initial assessment is of concern, a request for an escort should be made to the local law enforcement agency.

2. If law enforcement is unable to assist, the PS Specialist and PS Supervisor should consult with the OCS attorney to determine what steps to take.

K. Initial Contact:

1. The PS Specialist will meet face-to-face with, and interview, the alleged victim, his or her siblings, and other children living in the home.

a. The PS Specialist will clearly identify themselves, orally reaffirm the first and last name of the child once they are presented at start of interview, and clearly explain the purpose of the interview and show identification if requested.

b. The purpose of the face-to-face interview is to determine:

1) whether or not the child has been abused or neglected;

2) child vulnerability;

3) child’s immediate safety;

4) child functioning and family functioning;

5) assess for impending danger; and

6) Tribal affiliation(s)

c. The PS Specialist will make diligent efforts to contact the child at home, school, childcare, or any other place where the PS Specialist believes the child may be found.

d. If the child will be contacted at his/her school the PS Specialist will consult with their PS Specialist IV prior to that initial contact to assess whether or not the presence of a school official may be detrimental to the interview. Factors to consider include:

1) whether school official(s) have a personal connection to the child and/or the child’s family that may pose a conflict or jeopardize confidentiality.

2) whether the child is old enough and expresses an objection to the presence of a school official.

3) whether school officials have previously demonstrated that their presence is disruptive to the interview process (in those situations, Protective Services (PS) Managers II should be made aware and efforts to work on relationships and roles will be made).

e. Upon arriving at the designated school, the PS Specialist shall provide the school official with a copy of the Request to Interview letter (06-9785) that outlines OCS authority and school officials’ responsibility regarding interviews on school property. The PS Specialist will always encourage and allow a school official to be present during the interview unless justification, such as above, is present or the child objects. If such conditions are present, the PS Specialist will document in their activity notes (the one noting face-to-face with victim) that the school official was or was not allowed and why if they weren’t. If a school official was not available or chose not to sit in during the interview, the PS Specialist should note this in their activity note as well.

f. After a PS Specialist interviews a child, the PS Specialist will make every reasonable effort to immediately notify the child’s parents, guardian, or custodian that the interview occurred unless the PS Specialist believes that notifying the parents, guardian, or custodian would endanger the child or compromise the CPS or criminal initial assessment. Notification may be temporarily delayed with written PS Specialist IV approval placed in an initial assessment contact note in ORCA.

g. The PS Specialist shall attempt an unannounced home-visit to the parent’s residence immediately following the interview to inform the parent that the interview occurred and to further assess safety and continue the information collection process.

h. If a PS Specialist, having reasonable cause to suspect a child has suffered physical harm as a result of child abuse or neglect, takes photographs of the areas of trauma visible on the child without the permission of the child’s parents, guardian, or custodian, the PS Specialist will notify the child’s parents, guardian, or custodian of the action as soon as possible.

i. All children will be interviewed separately and away from the alleged  perpetrator and/or any other adult who could compromise the initial assessment process. This does not include the Tribal representative, unless a parent has asked to have them excluded.

j. If the parent or guardian refuses access to the child, the parent or guardian will be informed that law enforcement assistance or a court order could be obtained to gain access to the child.

1) If information indicates the child is in present danger the PS Specialist will: immediately request law enforcement assistance to enter the home and gain access to the child. · immediately contact the Department of Law in order to gain a writ of assistance authorizing immediate access, if law enforcement assistance is unavailable or refused.

2) If the child is not believed to be in present danger, the PS Specialist will contact the Department of Law to consult about the case.

k. If the parents are unavailable and the report indicates the child is alone in the house and in immediate danger, follow step (I)(1)(j)(1)) above.

l. If it is not possible for the PS Specialist to make a face-to-face contact within the timeframes, the PS Specialist will document why contact was not made.

m. The PS Specialist will make continued diligent efforts to make contact with the alleged victim until safety can be established.

n. The PS Specialist IV must approve any delays in making face-to-face contact with the alleged victim, his or her siblings, and other children living in the home.

2. The PS Specialist will meet face-to-face with, and interview, the non-offending parent or caregiver.

a. The purpose of this face-to-face contact and interview is:

1) to gather information related to the safety of the child;

2) determine what the non-offending parent or caregiver knows about the alleged child abuse or neglect;

3) gather information to determine protective factors ;

4) gather information to determine if the parent or caregiver can or cannot and will or will not protect the child;

5) gather information for adult and family functioning;

6) assess for domestic violence; and

7) determine Tribal affiliation(s).

b. The PS Specialist will provide the parent or caregiver with the Parent’s Rights Brochure. The PS Specialist will explain that the parents have the right to not participate in the initial assessment and to have a Tribal representative present.  

c. If it is not possible for the PS Specialist to make a face-to-face contact with the non-offending parent, the PS Specialist will document why contact was not made.

d. The PS Specialist will make continued diligent efforts to make contact with the non-offending parent.

3. The PS Specialist will meet face-to-face with, and interview, the other adults living in the home.

a. The purpose of this face-to-face contact and interview is:

1) to find out what the other adults in the home know about the alleged child abuse or neglect;

2) gather information related to the safety of the child;

3) gather information for adult, child and family functioning; and

4) gather information regarding Tribal affiliation.

b. If it is not possible for the PS Specialist to make a face-to-face contact with the other adults living in the home, the PS Specialist will document why contact was not made.

c. The PS Specialist will make continued diligent efforts to make contact with the other adults living in the home. 4. The PS Specialist will meet face-to-face with (whenever possible), and interview, the non-custodial legal parent.

a. The purpose of this contact and interview is to:

1) gather information for adult, child and family functioning;

2) gather custody information that may impact the decision-making process;

3) assess for domestic violence;

4) provide notification of initial assessment; and

5) gather information regarding Tribal affiliation.

b. If it is not possible for the PS Specialist to make contact with the other noncustodial legal parent, the PS Specialist will document why contact was not made.

c. The PS Specialist will make continued diligent efforts to make contact with the non-custodial legal parent.

5. The PS Specialist will meet face-to-face with, and interview, the alleged perpetrator. a. If the alleged perpetrator lives in the home, the purpose of this face-to-face contact and interview is to:

1) find out what the alleged perpetrator knows about the alleged child abuse or neglect;

2) gather information related to the safety of the child;

3) gather information for adult, child and family functioning;

4) assess for domestic violence; and

5) gather information regarding Tribal affiliation.

b. At the time of the initial contact with the alleged perpetrator, the PS Specialist will advise the alleged perpetrator of the allegation(s).

c. In sexual abuse and serious physical abuse cases in which one of the parents/caretakers is suspected to be the offender, the PS Specialist will:

1) speak with the reporter and any appropriate collaterals before the first visit with the child and family to obtain any additional information.

2) coordinate with law enforcement to ensure that a criminal investigation is not compromised;

3) avoid interviewing the alleged perpetrator until law enforcement has decided against conducting any further interviews;

4) avoid interviewing the alleged perpetrator if that individual has been formally charged with a criminal offense. The PS Specialist should contact the alleged perpetrator only when required for child protection proceedings and in connection with the case plan.

5) make immediate contact with the non-offending parent following the guidelines under (I) Initial Contact.

d. If the alleged perpetrator lives out of the home and is not a parent or legal guardian, the PS Specialist will coordinate with law enforcement regarding what type of contact, if any, OCS should have with the alleged perpetrator.

e. the PS Specialist will need to coordinate with law enforcement to conduct interviews on the siblings of the victim as soon as possible, to determine if the abuse has occurred and what the future risk is.

6. The PS Specialist will conduct at least one home visit during the course of the initial assessment. During the home visit, the PS Specialist will: a. observe and discuss the physical condition of the child, including any observable effects of child abuse or neglect;

b. observe and discuss the emotional status of the child, including mannerisms, signs of fear, and developmental status;

c. observe and discuss the reactions of the parents or caregivers to OCS concerns;

d. observe and discuss the emotional and behavioral status of the parents or caregivers during the interviewing process;

e. observe and discuss parent’s protective factors;

f. observe and discuss the interactions between family members, including verbal and body language;

g. observe and discuss the condition of the child’s living space, including where the child sleeps; and a general observation of the entire residence.

h. observe and discuss the physical condition of the home that affects the safety of the child.

7. If the child is Alaska Native or American Indian, the PS Specialist will coordinate the home visit with a representative of the child’s Tribe in order to ensure a Tribal representative attends the home visit with the PS Specialist, unless the parent has opted to exclude Tribal involvement.

L. Determine if Present Danger Exists:

The PS Specialist will identify whether present danger exists and, when applicable, develop a plan, as outlined in section 2.2.5.1.

M. Determine If Impending Danger Exists:

After determining whether present danger exists the PS Specialist will assess for impending danger, using the Impending Danger Assessment and Analysis (IDAA),. The IDAA should be completed in ORCA.

N. Determining Future Risk and Needs (FRAN):

The PS Specialist will determine future risk of abuse and neglect by completing the FRAN in ORCA.

O. Finalizing the Initial assessment when the Child is Safe and the Risk Level is Low/Medium:

If the PS Specialist finds the child is safe, there is no present or impending danger and the risk level is low or medium, the PS Specialist will:

1. Identify in ORCA whether the finding is substantiated, not substantiated, or closed without a finding.

2. Refer the child to Early Intervention services for a developmental screening if the report was substantiated and the child is under the age of 3 years.

3. Review the initial assessment safety assessment and disposition with the PS Specialist IV.

4. Send the initial assessment to the PS Specialist IV for approval.

5. If there is no currently open case, upon receiving approval, the PS Specialist will submit the case for closure.

P. Finalizing the Initial Assessment When the Child is Unsafe and/or the Risk Level is High:

If the PS Specialist finds the child is unsafe, there is present or impending danger, and/or the risk level is high, the PS Specialist will:

1. Identify in ORCA whether the finding is substantiated or not substantiated.

2. Refer the child to Early Intervention services for a developmental screening if the report was substantiated and the child is under the age of 3 years.

3. Complete any documentation needed.

4. Review the initial assessment and substantiation decision with the PS Specialist IV.

5. Establish a Continuing Safety Plan.. ·

Note: If there are no impending danger threats and a High FRAN, but the family refuses services, the PS Specialist IV or PS Specialist must consult with the AAG’s office regarding whether the circumstances warrant a petition for supervisory or full legal custody. Document the legal consultation in an ORCA activity note as an AAG consult. If a petition will not be filed, document any referrals that were made for the family prior to closing the case.

6. Send initial assessment to the PS Specialist IV for approval; opening the case with or without custody as appropriate.

Q. Documenting the Initial Assessment:

The PS Specialist will document the Initial Assessment in ORCA by following the directions in the ORCA How Do I Guide.

R. Process for Expedited Initial Assessment Documentation for Safe and Low-Medium Risk Cases:

1. An expedited process for initial assessment completion may be used when it has been determined through sufficient information collection and a supervisory case staffing that the children are safe with no unresolved present danger, no impending danger and low to medium risk.

2. There may be some exceptions to this expedited documentation process (e.g. extensive CPS history, aggravated circumstances, supervisor/manager discretion) when the standard documentation requirements would apply. PSRs on open Family Services cases are not appropriate for the expedited process. All elements of the safety model remain.

3. The decision to proceed with the expedited process is to be made on a case by case, worker by worker basis. The decision to use the expedited process should never be based on workload issues. If an office is facing a work load/staff turnover crisis, the Regional Review Panel process should be considered.

4. The four components of an expedited initial assessment completion include:

a. FRAN;

b. Impending Danger Assessment and Analysis (IDAA);

c. Minimum documentation requirements (see below); and

d. Supervisory case staffing/enhanced supervisor staffing note

5. During the initial assessment process the PS Specialist will gather the following information about the children and adults in the home:

a. Maltreatment:

1) details about the symptoms and type of maltreatment (injuries, conditions present);

2) details about the severity;

3) circumstances and events associated with the maltreatment;

4) duration of the maltreatment;

5) explanation of the maltreatment by offending and non-offending parents;

6) attitudes of the caregivers about the maltreatment;

7) other contributing factors that should be considered.

b. Family Summary:

1) demographics (age, sex, name);

2) safety issues and how the family responds to them, including protective factors;

3) information learned from child(ren), parents and collaterals regarding child protection issues;

4) child and adult functioning (emotional, behavioral, developmental and medical well being);

5) discipline, parenting and supports of the parents;

6) impact of substance abuse, domestic violence, mental illness, physical health issues and trauma on family functioning;

7) cultural strengths and family connections;

DEFINITIONS:

Collateral Contact: A person who may have significant information about the alleged incident, past incidences, or general family functioning (e.g. teachers, neighbors, service providers, Tribal staff, etc.). Contacting collaterals is one of the most critical components of the information collection process. Cultural Competency: Acceptance and respect for differences in the way people live, parent, and provide for their families. “Acceptance and respect for difference, continuing self assessment regarding culture, attention to the dynamics of difference, ongoing development of cultural knowledge and resources and flexibility within service models to work towards better meeting the needs of minority populations.” (Cross, Bazron, Dennis, & Isaacs, 1989).

Impending Danger: Refers to a family situation in which a child is not in present danger but exists in a general state of danger because of what is happening within the child’s family. It refers to a state in which family conditions, behaviors, attitudes, motives, emotions and/or situations are out of control and can have a severe effect on a child at any time.

Initiation: Initiation is achieved by conducting a face-to-face contact with the alleged victim for the purpose of assessing their safety.

Present Danger: Significant and clearly observable family condition occurring in the present tense, is endangering or threatening to endanger a child, and requires a prompt response from the agency.

Protective Action: A protective action occurs the same day that it is determined the child is unsafe and provides a child with responsible adult supervision and care. Typically a protective action will include developing a plan that contains a straightforward immediately achievable arrangement such as: arranging and confirming that the parent or caregiver who is the alleged perpetrator will leave and remain away from the home; arranging for a parent or caregiver who is not the alleged perpetrator to leave home with the child; using people and resources available to the family to immediately protect the child; or placing the child, with the parent’s consent, in a relative placement. When the parents are unwilling or unable to follow or support a plan, the protective action may consist of emergency custody and placement in foster care or an appropriate temporary shelter facility.

Protective Factors: Parental characteristics that have been shown to make positive outcomes more likely for children and their families; and to reduce the likelihood of child maltreatment. : ·

• Parental Resilience – managing stress when faced with adversity, ·
• Social Connections – having positive, supportive relationships, ·
• Knowledge of Parenting and Child Development – knowing how to parent and having realistic expectations of children, ·
• Concrete Supports in Times of Need – access to services when needed, and · Social and Emotional Competence of Children – healthy family and child interactions that help children grow up to be happy and healthy.

Safe: Children are considered safe when there is no present danger or impending danger threats, or the caregivers’ protective factors control existing threats.

Safety Threat: Refers to a specific condition or behavior, emotion, motive, perception, attitude, or factors of a family member that creates a situation where there is potential for severe harm to a child.

Safety Analysis: An examination of safety intervention information; safety threats (concerned with impending danger threats) as identified by the safety assessment; and parent/caregiver protective factors. The purpose of a safety analysis is to determine if a child is unsafe and to determine the necessary level of intrusion and level of effort required to assure child safety.

Safety Assessment: This term refers to a philosophy of intervention and a process to which we go about our work and the information collection process during the initial assessment. Sex trafficking: The term “sex trafficking” means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act.” This includes severe forms of trafficking a person including;

1. sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or

2. the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

Unsafe: Children are considered unsafe when they are vulnerable to present or impending danger and caregivers are unable or unwilling to provide protection or lack the protective factors to ensure the child will be safe.

Vulnerable Child: A child who is dependent on others for protection, is susceptible to experience severe consequences based on size, mobility, social or emotional state; is generally under the age of 6, but also can include older children, especially those who are vulnerable to the authority and influence of adults within their family; has mental or physical disabilities; may be isolated from the community; is in poor health or has limited physical capacity and robustness or is frail. A vulnerable child may also be a child who consciously or unknowingly provokes or stimulates threats and reactions by their parent or other adult caregiver.[/vc_column_text][/vc_tta_section][vc_tta_section i_icon_fontawesome=”fa fa-gavel” title=”2.2.5.1 PRESENT AND IMPENDING DANGER AND THE CHILD SAFETY PLAN Procedures – Safety Threats – Definitions” tab_id=”1494313580773-d8666561-3fca” add_icon=”true”][vc_column_text]

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2.2.5.1 PRESENT AND IMPENDING DANGER AND THE CHILD SAFETY PLAN

AUTHORITY:

AS 47.17.030 Actions on Reports; Termination of Parental Rights

42 U.S.C. 5106 a (b)(2)(A)Grants to States for Child Abuse and Neglect Prevention and Treatment Programs

Federal Register Vol. 81, No. 114 Rules and Regulations (effective 12/12/16)

PURPOSE:

To ensure child safety by accurately identifying present or impending danger and implementing a Child Safety Plan to provide the child with responsible adult supervision and care in the home.

BACKGROUND INFORMATION:

A. Federal Law:

1. In order to receive funding under the Child Abuse Prevention and Treatment Act, each state is required to operate a statewide program, relating to child abuse and neglect, that includes procedures for reporting known or suspected instances of child abuse or neglect and procedures for the immediate screening, risk and safety assessment, and prompt investigation of such reports.

2. A parent or Indian custodian consent to a foster care, the placement must be executed in writing. For consent to foster care placement, the parent or Indian custodian may withdraw consent for any reason, at any time, and have the child returned.

B. State Law:

The Office of Children’s Services (OCS) is required to investigate reports of child abuse and neglect and take action, in accordance with law, that may be necessary to prevent further harm to the child or to ensure the proper care and protection of the child.

POLICY:

A. Assessment of safety occurs during the initial assessment process and continues during each contact with the family while the case is open for services, regardless of custody or placement.

B. If present or impending danger exists, the Protective Services (PS) Specialist must take action to ensure child safety.

C. The Child Safety Plan (06-9775) must be developed in collaboration with the parents and their supports including the Tribe for ICWA eligible children.

D. The Child Safety Plan form will be used to document the action needed to keep the child(ren) safe.

E. The PS Specialist will file an emergency petition when danger exists and emergency removal of the child is necessary.

F. When parents are willing to participate in an out-of-home Child Safety Plan, the PS Specialist must file a non-emergency petition that requires removal within 24 hours of the plan going into effect.

G. The plan will remain in effect up to 30 days and can be re-evaluated for an additional 30 days if needed.

H. Children taken into emergency custody will not have a Child Safety Plan. The out-of-home placement is the safety plan.

PROCEDURES:

A. Identifying Present Danger:

Present Danger is an immediate, significant and clearly observable family condition occurring in the present tense that is endangering or threatening to endanger a child and requires a prompt response from the agency.

During the initial assessment process and caseworker visits, the PS Specialist will assess for present danger at each contact with the:

1. alleged victim;

2. other children in the home; or

3. parents or caregivers.

B. If Present Danger Does Not Exist: If the PS Specialist does not identify present danger, the PS Specialist will document this assessment in ORCA.

C. Assessing for Impending Danger:

Impending danger refers to a family situation in which a child is not in present danger but is in a general state of danger because of what is happening within the child’s family. It refers to a state in which family conditions, behaviors, attitudes, motives, emotions, and situations can have a severe effect on a vulnerable child at any time.

D. Identifying Safety Threats:

1. The PS Specialist will apply the safety threshold criteria below to any suspected safety threat for determining whether or not there is a safety threat in the home:

a. Specific and Observable: the danger is real, it can be seen, it can be defined and explained, and it is evidenced in explicit and unambiguous ways;

b. Immediate: it is likely that a threat to the child’s safety will occur within the immediate or very near future;

c. Out-of-Control: the family condition is unrestrained, unmanaged, and without limits or monitoring. It is not subject to influence, manipulation, or internal power. It is out of the family’s control;

d. Severe Consequences: the threat can result in pain, serious injury, and disablement; can cause grave or debilitating physical health conditions, acute or grievous suffering, terror, impairment, or death; and

e. Vulnerable Child: a child who is dependent on others for protection, is susceptible to experience severe consequences based on the size of the child, mobility, social or emotional state. The child is generally under the age of six but also can include older children, especially those who are vulnerable to the authority and influence of adults within their family. The child has mental or physical disabilities, may be isolated from the community, or is in poor health or has limited physical capacity and robustness or is frail. A vulnerable child may also be a child who consciously or unknowingly provokes or stimulates threats and reactions by their parent or another adult caregiver.

2. The PS Specialist will analyze the information collected. All five components of the safety threshold criteria must be met to have an identified safety threat:

a. Safety Threat 1: no adult in the home is performing basic parenting duties and responsibilities that assure the child’s safety;

b. Safety Threat 2: one or both caregivers are violent and/or acting dangerously;

c. Safety Threat 3: one or both caregivers will/cannot control their behavior;

d. Safety Threat 4: one or both caregivers perceive a child in extremely negative terms;

e. Safety Threat 5: the family does not have or use resources necessary to assure a child’s safety;

f. Safety Threat 6: one or both caregivers are threatening to harm a child severely, or are fearful they will maltreat a child and/or request placement;

g. Safety Threat 7: one or both caregivers intend or intended to hurt a child seriously;

h. Safety Threat 8: one or both caregivers lack parenting knowledge, skill or motivation necessary to assure a child’s safety;

i. Safety Threat 9: a child has exceptional needs that affect his or her safety which caregivers are not meeting, cannot meet, or will not meet; and

Safety Threat 10: living arrangements seriously endanger the child’s physical health.

3. If the PS Specialist determines there are no safety threats in the home, the child is determined to be safe.

4. If the PS Specialist identifies one or more safety threats, the PS Specialist must determine whether there is a parent or adult caregiver in the home with sufficient protective factors which can and will protect the child from the threat of danger.

E. Caregiver Protective Factors: A person being protective of their child can be directly associated with protective factors. They are specific personal and parenting behavioral, cognitive, and emotional characteristics. Protective Factors can be observed, understood, and demonstrated as part of the way parent think, feels and acts that make them protective.

1. Analyzing the information collected during interviews and home visits the PS Specialist will determine whether or not there is a parent or adult caregiver residing in the home that has sufficient protective factors which can and will protect the vulnerable child from the impending danger safety threats. This includes: a. parental resilience;

b. social connections;

c. knowledge of parenting and child development;

d. concrete supports in times of need; and

e. social and emotional competence of children.

2. If the PS Specialist determines there are sufficient caregiver protective factors to ensure the safety threats can be controlled, the child is determined to be safe.

3. If the PS Specialist determines there are safety threats present, and there is one or more vulnerable child in the home, and the parent’s protective factors are insufficient to control the impending or present danger safety threats, the child is unsafe.

4. If the PS Specialist determines a child is unsafe, the PS Specialist must work in conjunction with the parent and other adult caregivers in the home to develop a plan to keep the child safe or take custody of the child.

F. If Present or Impending Danger Exists:

1. If the PS Specialist identifies present or impending danger, the PS Specialist must engage the family to the extent possible, and Tribal representative when applicable in developing a plan to keep the child safe.

Acceptable plans are:

a. To keep a child safe in their home when present danger exists, a parent and PS Specialist can identify a protective adult to come into the home to provide safety and supervision.

b. To keep a child safe in their home the following must be present: There is a parent or legal caregiver residing in the home;

2) The home is calm enough and predictable enough to allow for safety actions, tasks or services to come into the home;

3) The parents and other adult caregivers in the home are willing to allow and participate in an in-home plan;

4) There are resources within the family or community to perform the safety actions, tasks, or services necessary to manage the safety threats;

5) Any people participating in the safety management can be in the home safely and without disruption;

6) The in-home plan can be effective without the results of professional evaluations and monitoring; and

7) If any of the above criteria does not exist, an in-home plan is not appropriate for the family.

c. If a child cannot safely remain in their home, the child may stay at a friend’s or relative’s home. There must be a protective adult to provide for the safety and supervision of the child, and the parent must consent to an out-of-home Child Safety Plan. If implementing an out-of-home Child Safety Plan the PS Specialist must:

1) complete the Child Safety Plan (06-9775) with the parent or guardians;

2) file an emergency petition within 24 hours if present danger exists and emergency removal of the child is necessary;

3) file a non-emergency petition within 24 hours of an out-of-home Child Safety Plan going into effect; and

4) scan all safety plans into ORCA within 24 hours of implementation.

d. If a child cannot safely remain in their home, the child may have to be taken into custody and placed in out-of-home care. Out-of-home care is the last option and will be done in consultation with the PS Specialist IV.

2. The PS Specialist will ensure adult caregivers providing for the child’s safety and supervision as part of the plan is safe, responsible, and can offer protection. The PS Specialist will ensure this by: a. talking to the adults to determine their trustworthiness, reliability, commitment, alignment with the child, and availability; .

conducting a background check (CPS record check including ORCA, Prober, court view, state and national sex offender registry);

c. conducting a home visit if the child is to live in another adult’s home for an identified period; and

d. assessing the relationships between the adults providing for the child’s safety and the child’s parents, to ensure they can keep the child safe should one of the parents interrupt or violate the Child Safety Plan.

3. The PS Specialist will develop the most appropriate plan, in collaboration with the child (if age appropriate), the parents, and the identified family supports including the Tribe for ICWA eligible children.

4. The PS Specialist will determine the parent’s ability and willingness to cooperate with the Child Safety Plan. If the parent is unwilling or unable to follow or support the plan, the PS Specialist will consult with their PS Specialist IV regarding possible custody and out-of-home care options.

 

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