Presentation on theme: "A Residents Guide To: Child Protective Services (CPS)"— Presentation transcript:
A Residents Guide To: Child Protective Services (CPS)
Child Protective Services The goal of Child Protective Services (CPS) is to provide children protection and provide them a safe environment. CPS is the major system for and intervention of child abuse and neglect. CPS receives, investigates, and assesses reports of child abuse and neglect, and then provides services to abused or neglected children and their families.
Who is eligible for CPS services? Children (and their families)who are victims of - or at risk of - abuse, neglect, exploitation, or parental absence. California law defines child abuse as any of the following 1 – A child is physically injured by other than accidental means. – A child is subjected to willful cruelty or unjustifiable punishment. – A child is abused or exploited sexually. – A child is neglected by a parent or caretaker who fails to provide adequate food, clothing, shelter, medical care or supervision. 1. Child Protective Services website, CDSS,
The CPS Process When the report of allegations of abuse/neglect (i.e. a referral) is received, CPS staff obtains information from person making referral and interviews those involved to determine if abuse/neglect exists If abuse/neglect exists, CPS will: – Accept the case and fully assess the family (within 10 days) – Intervene in the crisis – Develop a case plan and implement it Includes planning and providing services, setting goals, identifying resources and creating a timeframe. Follows the family closely to evaluate family progress – Terminate the case or transfer it to another program
Duration of CPS Services Up to 12 months of services are provided to children who remain safely in the home while the family receives services. Up to 18 months of services are provided to children and their families when a child has been removed from the home (i.e. foster placement) and the family is making progress toward reunification. – Foster care aims for a family-like setting, located close to the parents home, and consistent with the best interests of the child, though this ideal can be difficult to achieve.
Who reports to CPS? ANYONE can! – Via local county welfare offices – Via local police dept or county sheriff – Via Childhelp® national hotline ( A-CHILD) Mandated Reporters – The Child Abuse and Neglect Reporting Act (CANRA, Penal Code sections ) requires certain professionals to report known or suspected cases of abuse or neglect, including: Physicians, dentists, nurses, podiatrists, chiropractors, EMTs, mental health providers, optometrists, coroners, teachers, school employees, social workers, child care employees, counselors, clergy members, law enforcement, or any employee whose duties require direct contact and supervision of children
Local Law Enforcement Agencies Work closely together Assist CPS Organizational Structure
CPS Organizational Structure (State and Local) State: California Department of Social Services (CDSS) – Provides regulatory oversight, administration, and state-wide program policies – Monitors and supports county programs (e.g. CPS and CWS) State: Children and Family Services Division (CFSD) of CDSS – Provides a broad spectrum of county child welfare services support activities, secures federal funding, conducts research, develops new programs/services, evaluates local projects, provides statewide best practices training – Services include assistance in Adoptions, Foster Care, Children's Services and Child Welfare. State: Child Protection and Family Support Branch of CFSD – The name of CPS in California State and Local: Child Welfare Services/Case Management System Division (CWS/CMS) of CDSS – Child protection program aimed at safeguarding well-being of children and adults in ways that strengthen/preserve families – Santa Clara County CWS, San Mateo County CWS, Alameda County CWS Local: Law Enforcement Agencies
Scope of Child Abuse and Neglect 1,2 Over 900,000 cases reported annually, including 1,400 deaths Annual economical costs (direct and indirect) of child abuse and neglect is $103.8 billion (in 2007 value) In addition to the immediate harm, children are also put at risk for adverse outcomes throughout their lives, including: – Poorer physical health (e.g. chronic fatigue, altered immune function, hypertension, sexually transmitted diseases, obesity) – Poorer emotional and mental health (e.g., depression, anxiety, eating disorders, suicidal thoughts and attempts, post-traumatic stress disorder) – Increased social difficulties (e.g. insecure attachments with caregivers, adults and peers) – Cognitive dysfunction (e.g. deficits in attention, abstract reasoning, language development, and problem-solving skills) – Increased high-risk behaviors (e.g. more sexual partners, teen pregnancy, alcohol and substance abuse) – Behavioral problems (e.g., aggression, juvenile delinquency, adult criminality, abusive or violent behavior) 2. Wang, CT and Holton, J Total Estimated Cost of Child Abuse and Neglect in the United States. Pew Economic Impact Study. Retrieved on July 11, 2008 from 1. U.S. Department of Health and Human Services, Administration for Children and Families, Administration on Children, Youth and Families, Childrens Bureau. (2005). Child Maltreatment 2002: Reports From the States to the National Child Abuse and Neglect Data System. Washington, D.C: U.S. Government Printing Office.
Reportable Cases No national criteria exist for determining whether to report based on medical indications – Most hospitals have specific guidelines and protocols for managing possible child abuse and neglect cases Reasonable suspicion is the standard mandated reporters must use in deciding whether they should make a report to a child protection agency. – According to CANRA, "reasonable suspicion" means that it is objectively reasonable for a person in a similar position, drawing on the facts of the case and his/her training and experience, to suspect child abuse or neglect. – It does not mean the mandated reporter is responsible for confirming his or her suspicions before making a report, only that someone else in his or her position could draw the same conclusion based on the information available. Medical professionals are required to report when there is suspicion of non-accidental injuries, caloric deprivation, physical, emotional and/or sexual abuse, unlawful punishment, or serious medical neglect or endangerment
Types of Reportable Cases Sexual abuse (sexual assult and/or exploitation) Neglect – Includes severe malnutrition, failure to provide adequate food, shelter, clothing, medical care or supervision (even if no physical injury has occurred) Physical Abuse – Includes willful harming or endangering, unlawful corporal punishment, and/or non-accidental injury Emotional maltreatment Abuse in out-of-home care
Steps in Reporting Suspected Abuse/Neglect at LPCH 1. Treat the childs injuries and hospitalize the suspected case Done in order to protect the child until other evaluations (e.g. CPS, consults) are complete Common consultations include ortho, ophtho, neuro and/or neurosurgery 2. Notify the appropriate in-house staff Pediatric attending/hospitalist, pediatric chief resident, Pediatric Ward Social Worker, Pediatric Ward CNC, childs family pediatrician 3. Obtain necessary lab tests and color photographs Radiologic bone survey (trauma survey), bleeding disorder screen (if bruises), color photographs for documentation
Steps in Reporting Suspected Abuse/Neglect at LPCH 4. Elicit detailed facts concerning the injury HPI, location, exact time, sequence of events, people present, time lag before treatment, etc Preferably done with another staff member present (witness) 5. Tell parents the diagnosis and the need to report it 6. Telephone and written report must be made within 36hr Often done by social work Telephone numbers: San Mateo County: or Santa Clara County: Alameda County: Childhelp®: A-CHILD Written report: can get forms from pediatric social worker or ED Mail written reports to appropriate county address within 36 hr Send copy of report to Director of Social Work
The Written Report Must be submitted within 36 hours of receiving the information regarding the incident of abuse Usually done by Social Work Form SS 8572 (pictured at right) is available in the ED, 730 Welch Rd and from social work Once completed, send the form to CPS/CWS The form and its instructions are also available online: – –
How MDs can explain reporting rationale to parents? Tell parents the diagnosis and need to report – Have a social worker with you to assist with conversation – Explain in an empathetic, supportive, non-accusatory manner the reasons why you need to file a report – e.g. I know we both want what is best for your child and so you and I are on the same team. I don't know who did this and it isn't my job to figure it out - that is the job of CPS and the police. I just want your child to be safe and I know you want that too." – Emphasize that the primary concern is the safety and well-being of the child (and NOT to punish the parents) Be willing to discuss the content of the report, explain the process, and add that the matter will be kept confidential – Keep parents involved and give them information as it comes Demonstrate empathy, warmth, respect and genuineness Acknowledge difficult feelings and encourage open, honest discussion of feelings Avoid anger, accusations, and confrontation
Other MD Concerns Liability – No mandated reporter shall be civilly or criminally liable for any report required by CANRA. – If you are sued for making a report in the course and scope of your employment, you should immediately submit a request for defense and indemnity to the Office of General Counsel. – If you are a mandated reporter and fail to make a report, or report in an untimely manner, you may be charged with a misdemeanor punishable by up to six months in jail or a $1,000 fine or both. Testifying in court – Courtroom testimony is necessary in only a minority of child abuse cases, though it is not possible to predict in which cases it will be required – Hospitals will often provide physicians with legal assistance
Local CPS Resources/Contacts Pediatric social workers County CWS and Child Abuse Reporting – San Mateo: or ; – Santa Clara: , – Alameda: , – It is not uncommon for a CWS office to take you phone number/pager and then call you back
Additional CPS Resources Childhelp® national hotline ( ) Child Welfare Information Gateway – Created by the Children's Bureau, Administration for Children and Families, U.S. Department of Health and Human Services – Prevent Child Abuse America – Child Abuse Prevention Month: every April – Child Abuse and Neglect Reporting Act (CANRA) 2004 Task Force Report – – The complete version of CANRA (California Penal Code sections ) can be found at available at