Department for Community Based Services

Standards of Practice Online Manual

2.10 Initiating the Report

Cabinet for Health and Family Services

Department for Community Based Services
Division of Protection and Permanency
Standards of Practice Online Manual
Chapter:
Chapter 2-Child Protective Services (CPS) Intake and Investigation
Effective:
6/15/2018
Section:
2.10 Initiating the Report
Version:
12

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Legal Authority/Introduction

LEGAL AUTHORITY:

A report is considered initiated when face to face contact with the reported victim(s) occurs. 

 

Practice Guidance

    • After a report is assigned, if the initial interview proves that most of the individuals involved in the case reside in a different county, the case may be transferred to the county where the family is residing. 
    • Requesting out of county/state interviews:
      • An onsite request to another county or region for information regarding an investigation is made to assist in obtaining:
        • Interviews;
        • Police reports;
        • Hospital or other medical records; and
        • Legal documentation (from courthouse, etc.).
    • Any request to another county or region for onsite services, particularly in regards to initiation of an investigation, for the purpose of interviews, will be completed within the same timeframes as any other investigation as outlined in this SOP.
    • Filing out of county/region petitions:
      • A petition may be filed regarding a family either in the county where they reside or where the incident occurs.  The former is preferred to avoid unnecessary travel for the family.
      • In cases where abuse, neglect, or dependency petitions have been filed, the investigating SSW who filed the petition(s) and the onsite SSW attend the court hearing.
      • To provide continuity of services to the families and children served during an investigation, it is preferential for the assigned worker to complete all interviews if the distance is not prohibitive.

Procedure

Intake and Investigation:

  1. Initiation timeframes begin from the moment the intake SSW submits the report to the intake FSOS, or in after-hours situations, upon decision by the on-call FSOS to accept the report.
  2. Referrals are assigned to and initiated in the county where the victim resides.  However, in cases where allegations of abuse or neglect are made against a staff member in a specialized setting, the referral is assigned and initiated in the county where the facility/home is located.   

Centralized Intake:

  1. Determines the initial level of risk, based on the:
    1. Child's chronological and developmental age;
    2. Child's vulnerability;
    3. Alleged perpetrator's access to the child;
    4. Nature of the allegations; and
    5. History of the family with the agency and the existence of prior reports.
  2. Includes initial level of risk as it relates to investigation initiation when assigning each report.

 

 

The SSW:

  1. Checks for prior reports and records for all adult household members, prior to initiation or as soon as possible, via:
    1. TWIST; 
    2. Mainframe databases including child abuse/neglect checks (CA/N) EPO-DVO Search website (Refer to EPO-DVO Administrator User Guide, EPO-DVO User Guide and TWIST Account Request with EPO-DVO); and
    3. Administrative Office of the Courts (AOC) (Refer to AOC Instructions);
  2. Proceeds with the initiation of the investigation seeking assistance from other staff as necessary to ensure worker safety;
  3. Utilizes the following time frames established in administrative regulation 922 KAR 1:330 to initiate the investigation by making unannounced face to face contact with the:
    1. Alleged victim(s) within four (4) hours if the report:
      1. Includes a child who is:
        1. The alleged victim of a fatality or near fatality; or
        2. A surviving child in the care of the alleged perpetrator of a child fatality or near fatality.
      2. Indicates a high risk of harm to the child requiring immediate protective intervention;
        1. If there are clear indications from the referral source that the alleged perpetrator does not have immediate access to the alleged victim or other children in the home, an exception may be granted for this timeframe;
        2. It should be clearly documented in the assessment why the report was not initiated within the four (4)  hour timeframe;
    2. Alleged victim(s) within twenty-four (24) hours if the report indicates:
      1. A high risk of harm to the child; or
      2. Human trafficking allegation that does not fall within the four (4) hour initiation timeframe;
    3. Alleged victim(s) within forty-eight (48) hours if the report indicates moderate risk of harm;
    4. Alleged victim(s) within seventy-two (72) hours if the report indicates low risk of harm.
  4. Coordinates investigations with law enforcement and the local Children’s Advocacy Center, pursuant to administrative regulation 922 KAR 1:330:
    1. To coordinate the interview and medical examination for a child during a sexual abuse investigation;
    2. To utilize a forensic interviewer as needed (when available); and
    3. As a neutral interview location when appropriate;
  5. Makes legitimate attempts to locate the child including, but not limited to:
    1. Visiting the location where the child is believed to be; and/or
    2. Contacting collaterals that could help verify an address or help locate the child or family, to include the following: 
      1. Family Support;
      2. Child care agencies;
      3. School system;
      4. Court records;
      5. Neighbors;
      6. Family members;
      7. Post office;
      8. Landlords;
      9. Family resource centers;
      10. Law enforcement; or
      11. Other agencies that may be involved with the family;
    3. Contacting the FSOS within twenty-four (24) hours, including weekends, for consultation if all efforts by the SSW to locate the alleged victim(s) have failed;
  6. Requests onsite interviews or assistance, as necessary, to complete the referral;
  7. Shares the case in TWIST so that onsite work can be documented as necessary by the onsite worker;
  8. Makes a preliminary report within seventy-two (72) hours (exclusive of weekends and holidays) on the DPP-115 concerning the action that has been taken on any investigation;
  9. Forwards the report to:
    1. The commonwealth attorney or county attorney; and
    2. The local law enforcement agency or Kentucky state police;
  10. Adheres to court or other agency timeframes for requests that do not meet criteria for an investigation such as court reports, home evaluations or other general reports that are not required to be initiated by the timeframes specified in procedure #4.

Investigative Staffing:

  1. Within 72 hours from the time the referral was accepted by centralized intake, the FSOS staffs with their regional office investigations alleging physical abuse involving a child four (4) and younger unless the case:
    1. Involves a fatality/near fatality;
    2. Has been designated as a specialized investigation; or
    3. The case is receiving ongoing regional office or central office consultations.
  2. Designated regional office staff cover the following content during the consultation:
    1. Who are the household members (describe each member's age, disability, etc.);
    2. What are the allegations;
    3. What lead up to the event (48-hour timeline);
    4. What are the strengths of the family;
    5. What is the family history with CPS/APS (investigations and ongoing);
    6. What are the perpetrator's high risk patterns of behavior; 
    7. What is the protective capacity of the parents;
    8. Are you concerned about the children’s safety and why;
    9. Who has been interviewed so far;
    10. What documentation has been gathered; and
    11. What needs to be done next (interviews, referrals for service, etc.).
  3. Designated regional office staff and FSOS will conduct a follow up staffing no later than fourteen (14) working days after initial staffing and prior to approval of the investigative assessment.  
  4. The FSOS will notify the designated regional office staff of any changes in the investigation since the fourteen (14) day investigative consultation; and
  5. The FSOS will ensure all action steps are completed prior to the approval of the assessment.
  6. Investigative consultations will be documented in the assessment and will include the following details:
    1. Date the consultation was held;
    2. Type of consultation held (Regional Investigative Case Consultation);
    3. Parties involved in the consultation.

The worker providing onsite services:

  1. Completes and documents all information in TWIST within fourteen (14) working days.

Contingencies and Clarifications

    1. When a 2nd incident is received during an open investigation, the SSW:
      1. Initiates the incident with the reported victim(s) within specified timeframes based on the assigned program/subprogram; and
      2. Documents the details of the 2nd incident in the Chronology section of the Assessment and Documentation Tool (ADT). 

 

 

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