10/10/2018. Objectives. State Repository. The State Repository is a repository of all reports of child abuse and/or neglect.

Transcription

1 Tiered Validity and Appeals System October 15, 2018 Presenters: Lori Miller, RSW, Lacy Simms, LCSW and Shakira Herbert, MSW, RSW Objectives Provide an overview of Tiered Validity, State Repository and State Central Registry (SCR) Provide an overview of Due Process, the Protective Services Review Team (PSRT) and of Administrative Appeals. State Repository The State Repository is a repository of all reports of child abuse and/or neglect. Includes Intake Reports and all investigations, regardless of the validity finding; Information is retained in the State Repository based on a Records Retention Schedule that is approved by the Secretary of State; As of July 1, 2018, all valid findings will be retained for 18 years, regardless of the child s age. There will be some valid findings that are retained indefinitely; 1

2 State Central Registry (SCR) The State Central Registry is a listing of perpetrators of certain valid CPS investigations, which is determined by the Tiered Validity System. An individual is not placed on the SCR until their appeal rights are exhausted. What Is Tiered Validity? Each Valid allegation is assigned to a specific tier. The highest tier assigned to the perpetrator for that investigation determines whether or not the incident/perpetrator is placed on the State Central Registry (SCR) and how long that record is retained. Why Tiered Validity? As of July 1, 2018, the SCR impacts an individuals employability rights; Tiered Validity creates a way to balance a person s right to employment with safety of children. 2

3 Tiered Validity Each valid perpetrator is assigned to an overall Tier Level based on the valid allegation with the highest Tier level.(ex. Fatality Tier 1/Perm. on SCR) Some allegations, such as Lack of Supervision and Dependency, requires a Supervisor to determine the Tier level based on severity (mild, moderate, severe). Continued Other allegations such as, Bruises, cuts, welts, or scratches, Burns, Dislocations or sprain, Eye Injury, Human Bites, Head/Facial Injury, Mouth/dental trauma, Tying and confinement, have severity questions that must be reviewed for determination of Tier level (Supervisor approval is required). Severity Questions What is the severity of the injury to the child? Were there multiple injuries to the child? Was medical treatment required as a result of the injury? Did the injury result in the hospitalization of the child? Is there long term harmful physical impairment to the child (i.e. blindness or loss of vision due to the injury; loss of functioning or disfigurement due to burns)? Was there significant emotional impact or trauma to the child (i.e. locking a young, vulnerable and/or disabled child in a closet)? Was it high or very high risk at the conclusion of the investigation? Did the child enter foster care as a result of the injury? 3

4 Tier Levels Tier I Will remain on the SCR and the Repository permanently; Tier II Will remain on the SCR and Repository 18 years; Tier III Will remain on the SCR for 7 years but will remain in the repository for 18 years; Tier IV and Tier V Will not be placed on the SCR, but will remain in the State Repository for 18 years; Tier 1 (Permanently on SCR) Death/abuse, Death/neglect, Life threatening injury/abuse/neglect, Bone fracture, Central nervous system damage/brain damage/skull fracture, Factitious disorder by proxy/munchausen by proxy syndrome, Internal injuries, Poisoning or noxious substance ingestion, Subdural Hematoma, Suffocation, Torture, Whiplash/Shaken infant Syndrome, Wounds, HIV/AIDS and Hepatitis, Oral Sex, Sexual Exploitation/Juvenile Sexual Trafficking, Sexual Exploitation/Pornography, Sexual Intercourse, Sexually Transmitted Disease, Failure to Thrive (Non Organic), Malnutrition/Starvation, Sexual Enticement, Sexual Manipulation or Fondling, Simulated Intercourse, Rehoming, and Labor Trafficking Tier II (18 Years on SCR) Passive Physical Abuse, Passive Sexual Abuse, Lack of Adequate Supervision/Sexual Abuse, Medical Neglect, Threatened Harm, Emotional Maltreatment, Exploitation(not sexual), Abandonment of a child under the age of 10 or a child with a developmental disability without provision for his care Bruises, cuts, welts, or scratches, Burns, Dislocations or sprain, Eye Injury, Human Bites, Head/Facial Injury, Mouth/dental trauma, Tying and confinement (requires severity questions to be reviewed prior to tier level assignment) *Severe Dependency *Severe Lack of Supervision *Severe 4

5 Tier III (7 Years on SCR) Alcohol Affected Newborn, Drug Affected Newborn, Coerced Abortion, Food Inadequate Under 6 years, Drug and Alcohol Abuse, Abandonment of a child 10 or over without provision for his care Bruises, cuts, welts, or scratches, Burns, Dislocations or sprain, Eye Injury, Human Bites, Head/Facial Injury, Mouth/dental trauma, Tying and confinement (requires severity questions to be reviewed prior to tier level assignment) *Moderate Dependency *Moderate Lack of Supervision *Moderate Tier IV (Not on SCR) Food Inadequate over 6, Shelter Inadequate, Clothing Inadequate, Safe Haven, Absent and/or Incapacitated Parent/Caretaker Lack of Adequate Supervision *Mild Tier V (Not on SCR) Risk Evaluation Panel (REP) Cases that were previously deemed not to pose a risk to children State Office Administrative decisions 5

6 Due Process Provide an Overview of Due Process, Protective Services Review Team (PSRT), and Administrative Appeals; Provide an understanding as to who the PSRT is, what they do, how they make decisions, and their role with appeals received from Division of Administrative Law (DAL); Identify and provide clarification as to who is eligible for Due Process; Discuss what is an administrative appeal through DAL, what are departmental roles in an appeal, and where will the appeal hearings be held throughout the state; What is Due Process? Due Process is the ability of an individual to appeal a valid CPS investigative finding. Who is Eligible? Any client who receives a valid finding after July 1, 2018 will have 30 calendar days from the date of their written notification from the Department to request an administrative appeal. This notification is generated at case closure, once 30 calendar days have passed without an appeal request, the client has exhausted their right to an appeal and is no longer eligible for an administrative appeal. 6

7 Continued If a client received a valid finding before July 1, 2018, and they want to exercise their right to an appeal, they must contact DCFS in-person at their nearest local Child Welfare office to obtain a copy of their written notification. The client has 30 calendar days from the date of the written notice to request an administrative appeal. If an administrative appeal is not requested within 30 calendars days of receipt of the written notice, then the client has exhausted their appeal rights. Protective Services Review Team (PSRT) Who Are We? The PSRT has 1 CW Manager who is housed in State Office, and 7 CW Consultants who are housed within the regions and State Office. Role of PSRT The PSRT is a state level working group, who will review the case decision on all cases appealed to the DAL, and certain cases in which a child abuse and neglect clearance is completed on, and provide a departmental decision regarding the validity decision, prior to the notification to the individual of their appeal right and the release of the child abuse and neglect clearance information. 7

8 How is a PSR Initiated? When the PSRT receives notification that the Division of Administrative Law has received a request for an appeal, the PSRT is responsible for reviewing the record within calendar days. The CPS unit, as well as certain designated staff, are responsible for completing clearances. Under certain circumstances, cases are reviewed by the PSRT once a valid finding is located. In these circumstances, when the CPS unit or designated staff completes a child abuse and neglect clearance, and a valid final finding is located, it is requested that the PSRT complete a review on the valid finding before information is released to the entity requesting the clearance. PSRT Instrument Requires the PSRT to use the information in the ACESS system to review the case(s) to ensure that the validity decision(s) meets the criteria set forth in the LA Children s Code for abuse and neglect as well as the allegations that are validated meet the standard of validity, as defined in Appendix 4-B, and that the criteria that 4-B requires has been used to make the validity decision on the case. Requires the tier level that is associated with the allegations be reviewed. Maintaining A Validity Decision & Tier Case will be forwarded to BGC for a status conference to be held, if the review was initiated from a DAL appeal. If the review is not initiated from a DAL appeal, the CPS Form 17 will be sent notifying the client of their right to Due Process. The client has 30 calendar days from the written notice to request an appeal. If the client does not request an appeal during this timeframe their appeal rights are exhausted. We will discuss appeals in later slides. 8

9 Validity Decision Overturned PSRT consultant will notify the PSRT Manager. The manager will change the valid allegations, and if the tier level needs to be modified, it will be modified. The prior case information, as to the valid allegations, as well as the information on the final finding page will remain. If the review is not initiated through DAL, then the CPS unit or the designated staff will be notified of the change in validity, and the SCR clearance will be released once the PSRT screen is approved by the PSRT Manager and closed. Validity Maintained, Tier Overturned Certain allegations have severity questions that determine the tier level associated with the allegations. The tier level is reviewed by PSRT and if the allegation is maintained, but the information does not support the tier level that is assigned, then the tier level will be modified. The PSRT manager will decrease the tier level on the allegation. The final finding will be approved by the PSRT manager, and the decision as to why the tier level was modified will be documented. Who is DAL? The Division of Administrative Law (DAL) is the agency responsible for conducting administrative appeals for the Department. The DAL is staffed with impartial Administrative Law Judges (ALJs) who conduct the appeal hearings. Once the appeal is conducted, the ALJ issues a written decision based on evidence presented. 9

10 How Does a Client Appeal to DAL? On the notification form, the client places an X in the checkbox by each investigation they wish to appeal. An administrative appeal can be requested through DAL s website, via U.S. mail, or through facsimile. These do not go to DCFS. If this information is received by DCFS they are to be forwarded to DAL via facsimile, or U.S. Mail. Then the client submits the notification form along with all information concerning their appeal. If the information is received after 5:00 pm on a business day Monday through Friday or on a state holiday that falls on a business day, the form will be stamped received for the next business day. DAL Hearings Administrative Hearings will be held in locations throughout the State. It is expected that the PSRT Consultant who reviewed the case, the CPS worker or CPS Supervisor, and witnesses with credible information who assisted the CPS worker in their decision making will be required attend the administrative hearing. DAL Sites Across the State 10

11 Hearing Time Frames Administrative hearings will be held within 60 calendar days from the date DAL receives the appeal request. A status conference will be held after the PSRT consultant reviews the case(s), and a determination is made as to if the validity finding will be maintained. Bureau of General Counsel (BGC) A staffing will be held with BGC, the PSRT consultant, and the local office staff, once a PSRT review has been completed to ensure that any/all information has been provided to BGC. There will be BGC attorneys representing the Department in these administrative appeal cases. It is also important to notify collaterals of the possibility that their testimony may be needed. Burden of Proof The Department is responsible for bearing the burden of proof to the DAL, to prove that it is more likely than not that the allegations are true. The Department, the client or their legal representation may call witnesses, and submit evidence into the record to prove their case. 11

12 Decisions Once the appeal hearing is complete, the DAL will render a written decision. Due to time constraints DAL may have to render oral decisions with written decisions to follow in certain cases. If DAL maintains the Departments decision the judgement will be scanned into the appeals screen, in the ACESS case, and the status on the allegation, will change to appeals exhausted. If DAL does not maintain the Departments decision, then the Department will change the allegation status to unappealable, and the validity decision will be overturned from valid to invalid. Expedited Appeals An individual is eligible for an expedited appeal in the following situations: When DCFS receives a request for an SCR clearance on an individual who is a prospective or current employee in a licensed/registered child care setting by the Louisiana Department of Education; A current or prospective employee of an Office of Juvenile Justice juvenile facility with whom DCFS receives a request to conduct a clearance; A current or prospective employee in a specialized provider, juvenile detention facility provider licensed by DCFS; or Continued A current or prospective employee of DCFS in a position whose duties include the investigation of child abuse or neglect, supervisory or disciplinary authority over children, direct care of a child, or performance of licensing surveys. 12

13 Time Frames for Expedited Appeals The Department will require individuals who desire to utilize the expedited process to return the Notification of a Valid Finding, within 14 calendar days, from the date of the notification, to the DAL. Once notification of an appeal request is received by DCFS from DAL, the PSRT has previously reviewed, and the case is expedited the PSRT will notify the local CW office of the appeal. A staffing will be held with the PSRT consultant, BGC, and the local CW supervisor and/or worker who is responsible for the case. A decision will be rendered by the DAL on all expedited cases within 45 days from the date of the clearance when feasible. Questions If you have any questions concerning Due Process, Appeals, or PSR s please DCFS.ProtectiveServiceReview@LA.GOV If you have any questions concerning Tiered Validity Determinations please DCFS.ChildProtectiveServices.DCFS@LA.GOV 13