1. An Overview of the Investigation Process for Caregivers
DLR/CPS Allegations:
An Overview of the Investigation Process for Caregivers

2. Training Competency
CCW Understands the need to develop plans and procedures to avoid DLR/CPS involvement; knows how to identify and seek services and supports available in the event of a CPS allegation.

3. Who is DLR/CPS?
DLR/CPS is the Division of Licensed Resources/Child Protective Services
DLR was created by Governor Lowry’s Executive order in 1996.
DLR/CPS vs. DCFS CPS
DLR/CPS has a responsibility to ensure:
Children who are placed in state licensed, operated or regulated facilities are safe from child abuse and neglect
High quality care is provided to children placed in State licensed, operated, or regulated facilities
HANDOUT - DLR Factsheet (DSHS Form )
Hand out the DLR factsheet at the beginning of class and let participants know you will refer to it throughout the training. Many of the headings are similar to sections of this training.

4. DLR/CPS Goals
To ensure the immediate safety of alleged child victims in out of home care.
To investigate allegations and make determinations regarding CA/N as defined in RCW and WAC
To assess whether the alleged child victim(s), or other children in the facility under investigation, have been abused or neglected in ways that have not been alleged.

5. DLR/CPS Goals Cont…..
To identify risk factors within the facility which create a substantial risk of future harm to children.
To ensure consistent and equitable treatment of providers during the investigation of abuse and neglect.

6. Who CAN Call CPS? Neighbors Child care providers
Child’s parents and/or legal guardian
Teachers
ANYONE!!!!!

7. Who MUST Call CPS Mandated Reporters
Licensed or Certified Caregivers i.e. day care providers, child care center staff
State Operated Facility Staff
All DSHS staff including child’s social worker
Teachers
Doctors, Nurses, Counselors
Pharmacists
Law Enforcement officers
Foster Parents
Other licensed providers or their employees.

8. Mandated Reporting Laws
RCW describes reporting requirements for mandated reporters.
Mandated reporters must make reports at the earliest possible time and in no instance later than 48 hours from the time the person has reasonable cause to believe that the child has suffered abuse or neglect.

9. Mandated Reporting Laws
WAC What incidents involving children must I report?
You must report the following immediately and in no instance later than forty-eight hours to your local children’s administration intake staff and the child’s DSHS worker or CPA case manager and/or child’s tribal ICW case manager:
Death, serious illness or injury, or psychiatric care that requires medical treatment or hospitalization of a child in care;
Any time you suspect or a child discloses physical or sexual abuse, neglect, or exploitation of a child as required under RCW 26.44
Sexual contact between two or more children that that is not considered typical play between preschool age children;
Any child’s suicide attempt that results in injury requiring medical treatment or hospitalization
Any use of physical restraint that is alleged to have been improperly applied or excessive
Physical assault between two or more children that results in injury requiring off site medical attention or hospitalization;
Physical assault of a foster parent, employee, volunteer or others by children in care requiring off-site medical attention or hospitalization
Any medication that is given or consumed incorrectly and requires off-site medical attention
Serious property damage that is a safety hazard and is not immediately corrected or may affect the health and safety of children.

10. Mandated Reporting Laws Cont….
WAC What incidents involving children must I report?
You must report the following incidents related to a child in care as soon as possible or in no instance later than forty-eight hours to the child’s DSHS worker:
Suicidal/homicidal thoughts, gestures, or attempts that do not require professional medical treatment;
Unexpected health problems outside the usual range of reactions cause by medications, that do not require professional medical attention;
Any incident of medication incorrectly administered or consumed;
Physical assault between two or more children that results in injury but did not require professional medical treatment
Physical assault of a foster parent, employee, volunteer or others by children that results in injury but did not require professional medical treatment;
Drug and/or alcohol use by a foster child;
Any inappropriate sexual behavior by or toward a foster child; or
Use of prohibited physical restraints for behavior management
There are other reporting requirements regarding missing children (see WAC ) and changes in regards to your home or persons in the home (see WAC )

11. Mandatory Reporting Laws
RCW Violation — Penalty.
Every person who is required to make, or to cause to be made, a report pursuant to RCW and , and who knowingly fails to make, or fails to cause to be made, such report, shall be guilty of a gross misdemeanor.
CPS Hotline END-HARM (after hours )

12. DLR/CPS vs. Licensing Complaints
DLR/CPS commonly investigates allegations of: Physical Abuse, Sexual Abuse, Negligent Treatment or Maltreatment, Medical Neglect, Emotional Abuse, Supervision Related to Neglect, and Death of Any Child in Licensed Care.
Licensing Staff* commonly investigates allegations of: Overcapacity, Inadequate programming, Nurture/Care, Health and Sanitation, Discipline, Reports/Record Keeping, and Supervision.
*Note: For OFCL Foster homes – the facility investigators investigate both licensing and DLR/CPS referrals.

13. What is Child Abuse or Neglect?
RCW Physical abuse means the non-accidental infliction of physical injury or physical mistreatment on a child. Physical abuse includes, but is not limited to, such actions as:      (a) Throwing, kicking, burning, or cutting a child;      (b) Striking a child with a closed fist;      (c) Shaking a child under age three;      (d) Interfering with a child's breathing;      (e) Threatening a child with a deadly weapon;      (f) Doing any other act that is likely to cause and which does cause bodily harm greater than transient pain or minor temporary marks or which is injurious to the child's health, welfare and safety.
Physical discipline of a child, including the reasonable use of corporal punishment, is not considered abuse when it is reasonable and moderate and is inflicted by a parent or guardian for the purposes of restraining or correcting the child. The age, size, and condition of the child, and the location of any inflicted injury shall be considered in determining whether the bodily harm is reasonable or moderate.

14. What is Child Abuse or Neglect?
Sexual abuse means committing or allowing to be committed any sexual offense against a child as defined in the criminal code. The intentional touching, either directly or through the clothing, of the sexual or other intimate parts of a child or allowing, permitting, compelling, encouraging, aiding, or otherwise causing a child to engage in touching the sexual or other intimate parts of another for the purpose of gratifying the sexual desire of the person touching the child, the child, or a third party. A parent or guardian of a child, a person authorized by the parent or guardian to provide childcare for the child, or a person providing medically recognized services for the child, may touch a child in the sexual or other intimate parts for the purposes of providing hygiene, child care, and medical treatment or diagnosis.

15. What is Child Abuse or Neglect?
Negligent Treatment or Maltreatment includes:
“An act or failure to act or the cumulative effects of a pattern of conduct, behavior, or inaction, that evidences a serious disregard of consequences of such magnitude as to constitute a clear and present danger to a child’s health, welfare, or safety.”

16. Negligent Treatment or Maltreatment
When considering whether a clear and present danger exists, evidence of a parent’s substance abuse as a contributing factor to negligent treatment or maltreatment shall be given great weight.
A child does not have to suffer actual damage or physical, emotional harm to be in circumstances which create a clear and present danger to the child’s health, welfare, and safety.
70-75% of DLR/CPS referrals are Negligent Treatment or Maltreatment i.e. supervision regarding inappropriate sexual contact between two children, medical neglect, violation of safety and supervision plan.

17. Investigative Process
Referral is received by Children’s Administration Intake
Risk Tag: Emergent, Non-Emergent, or Risk Only
Emergent Response (24 hours) vs. Non Emergent Response (72 hours)
DLR/CPS Supervisor reviews and assigns to an Investigator
DLR/CPS Investigator begins the investigative process

18. Investigative Process
Investigator will make contact with or interview:
Referent
State Licensor
Child’s Social Worker
Law Enforcement if the referral suggests that a crime may have been committed
Legal parent/guardian
Alleged child victim(s) and collateral witnesses

19. Investigative Process Cont…..
Review history in FamLink (computer)
Obtain professional consultation as needed
Coordinate with internal and external staff
Review incident report(s), internal records, and medical records
Interview anyone who may have knowledge
Interview Alleged Subject
Olive Crest
FIRST (Foster Intervention Retention Support Team)
Foster Parent Liaison

20. Investigative Process Cont…..
Pre-finding Staffings
Complete Investigative Assessment that includes a finding decision – Founded or Unfounded
"Founded" - based on available information it is more likely than not that child abuse or neglect did occur.
"Unfounded" - based on available information it is more likely than not that child abuse or neglect did not occur OR there is insufficient evidence for the department to determine whether the alleged child abuse did or did not occur.
Written notification of findings is provided to the individual who is the alleged subject of a CPS investigation.
Written notification of findings must also be provided to the legal parent of the alleged child victim(s)

21. DLR/CPS Founded Cases Request a review within 30 days of notification.
Request an Administrative Law Hearing
Appeal the Administrative Law Judge Decision

22. The Licensors Role
It is important that you understand that even if the DLR/CPS Investigator determines that you did not Abuse or Neglect a child in your care, it may be necessary for your Licensor to continue working with you around licensing violations that may have become apparent during the investigation. If serious violations were found to have occurred, it may be necessary for your Licensor to take action against your license.

23. How to Protect Yourself
Document, document, document
Communicate incidents with the assigned Social Worker, Licensor, Supervisor, and/or Program Administrator
When it doubt, call CPS……
1-866-END-HARM

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