Understanding CPS Investigations and Policy Violations
Tom C. Rawlings
Director
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Maltreatment in Care
In order to really understand PVAs, we should first
discuss the CPS process.
Allegations of child abuse and neglect are reviewed,
investigated and either substantiated, unsubstantiated,
or screened out by the county CPS unit. The entire CPS
investigation is handled by the CPS unit and OPM is
not
involved in the CPS case determination.
CPS and OPM are two separate and distinct units within
DFCS.
Home Holds
For CPAs,
your foster homes are
automatically placed on
hold for new admissions
when
any CPS
allegation is
made.
This applies to screened out
allegations as well.
To Be or Not To Be
Based on the reported
information, CPS decides whether
to investigate the allegation
or
not.
If the reported information does
not meet the definition of child
abuse or neglect, the CPS unit can
make the determination to
screen
the case out.
Screen-In Investigations
If CPS decides to investigate further, the case can remain open for 30
days before a final determination of abuse or neglect is made.
CPS Disposition
Unsubstantiated
During the investigation, the CPS
investigator did not find enough
evidence to substantiate child
maltreatment.
Substantiated
The CPS investigator found
evidence to support that child
maltreatment occurred.
S
U
B
S
T
A
N
T
I
A
T
E
D
•
CPAs – The foster home must be closed.
•
CCIs – The staff member is no longer allowed to work
with children in the custody of the Division.
Policy Violation Assessments
•
Providers are required to submit a Policy Violation
Assessment (PVA)
anytime a CPS allegation is
initiated.
•
This applies to both screened in and screened out allegations.
•
OPM reviews all PVAs for compliance with DFCS Child
Welfare Policy and RBWO Standards.
•
OPM may also request a PVA based on information
presented in Significant Event reports or during
Monitoring Reviews.
What exactly is a PVA?
The PVA is the agency’s documented internal investigation of an
incident.
Your Assessment/Investigation
•
Your agency will receive an alert via GA+SCORE to alert you of
the CPS allegation. The alert will include:
•
Details of the CPS allegation.
•
The request for a PVA to be initiated and submitted by the due date
indicated.
•
You
MUST
make face to face contact with the foster parent (s)
and youth
within 24 hours
of receiving notification of the CPS
allegation.
•
Your internal investigation is separate and apart from the CPS
investigation.
Remember: The CPS investigator is looking for
evidence of child maltreatment, and the PVA is assessing for
violations of policy (DFCS policy and/or provider policy).
Your Assessment/Investigation
•
The PVA must be documented on the appropriate PVA
form found on
www.gascore.com
•
If you create your own PVA form, it must be equivalent to the
PVA form.
•
All sections of the form must be completely filled out.
•
Each allegation must be thoroughly assessed.
•
Interviews
are required:
•
foster parent(s) and all youth must be interviewed about all
allegations.
•
Any other parties with information should be interviewed.
•
A PVA determination must be made.
•
The details of the PVA must support your finding.
Timeframes
•
Reminder…You have
24 hours
to
make
face-to-face contact
•
PVAs should be submitted within
15 calendar days after receiving
the CPS notification alert.
•
OPM has 10 days to review and
assess. If revisions are required,
this timeframe may be
extended.
Concurrence Decision
•
Based on the information provided in the PVA, OPM will either agree
or disagree with the agency’s assessment.
•
If a violation of policy is discovered, a Corrective Action Plan (CAP) will
be required.
Note: A violation of policy can occur irrespective of the final CPS
Disposition. Likewise, if CPS comes back with additional findings after
their investigation, the Policy violation determination can be changed
by OPM.
P
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C
Y
V
I
O
L
A
T
I
O
N
(
L
o
w
R
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s
k
)
•
The violation did not present significant safety concerns or protective
capacity issues.
•
Non-disciplinary related that doesn’t pose a health or safety risk.
•
Lack of partnership in meeting the needs of the child.
•
Disclosure of confidential information.
•
Inappropriate assignment of chores or work responsibilities.
•
Lack of required annual in-service training hours.
•
Inappropriate use of foster home.
P
O
L
I
C
Y
V
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L
A
T
I
O
N
(
S
e
r
i
o
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s
L
e
v
e
l
)
•
A dangerous safety threat was identified. The foster home must be
closed after the
2nd
occurrence.
•
Inappropriate use of acceptable disciplinary practices.
•
Other violation that poses a direct or immediate health or safety risk.
•
Corporal punishment
•
Discipline
•
Drug use by foster parent
•
Inadequate supervision
•
Sexual abuse
Corrective Action Plan
Terminating a staff member or closing a foster home may be part of a
Corrective Action Plan but it does not address the system level issue.
The CAP must address the specific improvements that the agency will
put in place to ensure there is no reoccurrence of a similar violation.
Appeals
•
If you disagree with the determination made by OPM,
email the completed PVA Appeal Form, located on
GA+SCORE, to your Monitoring Manager within 10
days.
•
Your appeal will be reviewed by the entire OPM
Leadership Team.
•
You will receive a final decision of support or denial
from the Monitoring Manager.
Safety Plans
A Safety or Supervision Plan may be requested if a
policy violation has not been identified, but there are
still potential issues related to safety (or the child’s
feeling of safety).
Home Hold Removals
Holds for new admissions can only be removed after both
of the following have occurred:
•
a CPS Disposition (Screen Out or Unsubstantiated)
AND
•
an OPM PVA Concurrence
Review the process of Child Protective Services (CPS) investigations, including substantiated and unsubstantiated cases, along with the importance of Policy Violation Assessments in ensuring compliance with Child Welfare Policy and RBWO Standards.
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Presentation Transcript
Tom C. Rawlings Director
Policy Violation Assessments Policy Violation Assessments
Maltreatment in Care In order to really understand PVAs, we should first discuss the CPS process. Allegations of child abuse and neglect are reviewed, investigated and either substantiated, unsubstantiated, or screened out by the county CPS unit. The entire CPS investigation is handled by the CPS unit and OPM is not involved in the CPS case determination. CPS and OPM are two separate and distinct units within DFCS.
Home Holds For CPAs, your foster homes are automatically placed on hold for new admissions when any CPS allegation is made. This applies to screened out allegations as well.
To Be or Not To Be Based on the reported information, CPS decides whether to investigate the allegation or not. If the reported information does not meet the definition of child abuse or neglect, the CPS unit can make the determination to screen the case out.
Screen-In Investigations If CPS decides to investigate further, the case can remain open for 30 days before a final determination of abuse or neglect is made.
CPS Disposition Unsubstantiated Substantiated During the investigation, the CPS investigator did not find enough evidence to substantiate child maltreatment. The CPS investigator found evidence to support that child maltreatment occurred.
SUBSTANTIATED SUBSTANTIATED CPAs The foster home must be closed. CCIs The staff member is no longer allowed to work with children in the custody of the Division.
Policy Violation Assessments Providers are required to submit a Policy Violation Assessment (PVA) anytime a CPS allegation is initiated. This applies to both screened in and screened out allegations. OPM reviews all PVAs for compliance with DFCS Child Welfare Policy and RBWO Standards. OPM may also request a PVA based on information presented in Significant Event reports or during Monitoring Reviews.
What exactly is a PVA? The PVA is the agency s documented internal investigation of an incident.
Your Assessment/Investigation Your agency will receive an alert via GA+SCORE to alert you of the CPS allegation. The alert will include: Details of the CPS allegation. The request for a PVA to be initiated and submitted by the due date indicated. You MUSTmake face to face contact with the foster parent (s) and youth within 24 hours of receiving notification of the CPS allegation. Your internal investigation is separate and apart from the CPS investigation. Remember: The CPS investigator is looking for evidence of child maltreatment, and the PVA is assessing for violations of policy (DFCS policy and/or provider policy).
Your Assessment/Investigation The PVA must be documented on the appropriate PVA form found on www.gascore.com If you create your own PVA form, it must be equivalent to the PVA form. All sections of the form must be completely filled out. Each allegation must be thoroughly assessed. Interviews are required: foster parent(s) and all youth must be interviewed about all allegations. Any other parties with information should be interviewed. A PVA determination must be made. The details of the PVA must support your finding.
Timeframes Reminder You have 24 hours to make face-to-face contact PVAs should be submitted within 15 calendar days after receiving the CPS notification alert. OPM has 10 days to review and assess. If revisions are required, this timeframe may be extended.
Concurrence Decision Based on the information provided in the PVA, OPM will either agree or disagree with the agency s assessment. If a violation of policy is discovered, a Corrective Action Plan (CAP) will be required. Note: A violation of policy can occur irrespective of the final CPS Disposition. Likewise, if CPS comes back with additional findings after their investigation, the Policy violation determination can be changed by OPM.
POLICY VIOLATION POLICY VIOLATION (Low Risk) (Low Risk) The violation did not present significant safety concerns or protective capacity issues. Non-disciplinary related that doesn t pose a health or safety risk. Lack of partnership in meeting the needs of the child. Disclosure of confidential information. Inappropriate assignment of chores or work responsibilities. Lack of required annual in-service training hours. Inappropriate use of foster home.
POLICY VIOLATION POLICY VIOLATION (Serious Level) (Serious Level) A dangerous safety threat was identified. The foster home must be closed after the 2nd occurrence. Inappropriate use of acceptable disciplinary practices. Other violation that poses a direct or immediate health or safety risk. Corporal punishment Discipline Drug use by foster parent Inadequate supervision Sexual abuse
Corrective Action Plan Terminating a staff member or closing a foster home may be part of a Corrective Action Plan but it does not address the system level issue. The CAP must address the specific improvements that the agency will put in place to ensure there is no reoccurrence of a similar violation.
Appeals If you disagree with the determination made by OPM, email the completed PVA Appeal Form, located on GA+SCORE, to your Monitoring Manager within 10 days. Your appeal will be reviewed by the entire OPM Leadership Team. You will receive a final decision of support or denial from the Monitoring Manager.
Safety Plans A Safety or Supervision Plan may be requested if a policy violation has not been identified, but there are still potential issues related to safety (or the child s feeling of safety).
Home Hold Removals Holds for new admissions can only be removed after both of the following have occurred: a CPS Disposition (Screen Out or Unsubstantiated) AND an OPM PVA Concurrence
