6.4 Conducting Special Investigations on Foster Care Kinship Placements | CWS

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(6) Special Investigations

Policy Title:

Conducting Special Investigations on Foster Care Kinship Placements

Policy Number:

6.4

Previous Policy Number(s):

N/A

Effective Date:

December 2020

Manual Transmittal:

2020-10

Codes/References

O.C.G.A. § 15-11-30 Rights and Duties of Legal Custodian
O.C.G.A. § 15-11-125 Venue
O.C.G.A. § 15-11-133 Removal of Child from the Home; Protective Custody
O.C.G.A. § 15-11-150 Authority to File Petition
O.C.G.A. § 15-11-202 Reasonable Efforts by DFCS to Preserve or Reunify Families
O.C.G.A. §16-12-100 Sexual Exploitation of Children; Reporting Violation; Forfeiture; Penalties
O.C.G.A. § 19-7-5 Reporting of Child Abuse(e)(f)
O .C.G.A. § 49-5-8 Powers and Duties of Department of Human Services
O.C.G.A. § 49-5-40 Definitions; Confidentiality of Records; Restricted Access to Records
O.C.G.A. § 49-5-41 Persons and Agencies Permitted to Access Records
45 CFR Parts 1355.38(a) (5), 1356.21(b) (3) (i), 1356.21(k), and 1356.67
Title IV-E of the Social Security Act Sections 471(a) (15) (D) and (a) (9) (c), and 475 (9)
Child Abuse Prevention and Treatment Act (CAPTA)
Adoption and Safe Families Act (ASFA) P.L. 105-89
Health Insurance Portability and Accountability Act (HIPAA) of 1996: P.L. 104-191
Indian Child Welfare Act of 1978 Final Rule (25 CFR Part 23)
Preventing Sex Trafficking and Strengthening Families Act

Requirements

The Division of Family and Children Services (DFCS) will:

Prepare for the special investigation to direct and focus case management activities.
Complete a special investigation involving a foster care kinship placement within 45 calendar days of the receipt of the intake report to:
1. Conduct a comprehensive assessment of the allegations of child abuse, including assessing child safety;
2. Take action when present or impending danger is identified;
3. Conduct an assessment of family functioning;
4. Determine if any policy violation(s) occurred; and
5. Determine whether child abuse is substantiated or unsubstantiated.
Conduct a joint investigation with law enforcement for all serious and/or complex reports of abuse (including, but not limited to sexual abuse, severe physical abuse, serious injury^[1], child death, near fatality^[2], and chronic severe neglect) as outlined by the local Child Abuse Protocol.
When the foster care kinship placement investigation involves a child death, near fatality or serious Injury (CD/NF/SI) also adhere to policy 6.7 Special Investigations: Conducting Special Investigations of Child Death, Near Fatality or Serious Injury.
Adhere to Health Insurance Portability and Accountability Act and confidentiality provisions outlined in policies 2.5 Information Management: Health Insurance Portability and Accountability Act (HIPAA) and 2.6 Information Management: Confidentiality/Safeguarding Information.
Keep the identity of the reporting source confidential (see policy 2.6 Information Management: Confidentiality/Safeguarding Information).
Analyze DFCS history to ensure a thorough assessment of safety and family functioning.
Use court intervention and/or request support from law enforcement to interview/observe a child in the legal custody of the kinship caregiver, when prevented from doing so, and safety cannot be assured (see policy 17.1 Legal: The Juvenile Court Process).
Conduct a private face-to-face purposeful contact with the alleged victim child(ren) within the immediate-24-hour response time to assess and address child safety.
Complete the Safety Assessment in Georgia SHINES within 72 hours of completing the initial response with the alleged victim child(ren).
Engage each household member face-to-face and privately to discuss the maltreatment allegations and assess child safety and family functioning. This includes the following individuals:
1. Alleged victim child(ren)
2. Each caregiver
3. All adult household members
4. Other children in the home
5. The alleged maltreater(s)

Inform the individual subject to a child abuse report (alleged maltreater) of the allegations made against him/her at the time of initial contact. Initial contact may be face-to-face or telephone.

The Social Services Case Manager (SSCM) must be certain he/she is speaking to the alleged maltreater. If the identity of the alleged maltreater cannot be confirmed, do not discuss specific allegations to protect the confidentiality of the family.

When caregiver substance use/abuse is suspected or alleged, refer to policy 19.26 Case Management: Case Management Involving Substance Abuse or Use for guidance on engaging and assessing the needs of the child, parent/guardian/legal custodian and other household members.
Conduct a visual assessment of all children to determine if any injuries or signs of maltreatment exist
Observe the physical home environment, including every room in the home to determine if it is safe and appropriate to meet the needs of each child.
Assess and discuss safe sleep practices with any caregiver who has an infant (up to one year of age) in the home. Take action to remedy unsafe sleeping situations prior to leaving the home (see Forms and Tools: Infant Safe to Sleep Guidelines and Protocol).
Make a safety determination in consultation with the Social Services Supervisor (SSS) prior to concluding each purposeful contact with the child, kinship caregiver, adult household member, and/or alleged maltreater. Take immediate action to control the identified safety threats if the child is unsafe.
Engage the parent(s) of any alleged victim child(ren) in DFCS custody, if termination of parental rights (TPR) has not occurred to discuss the child’s well-being status and family functioning in the placement.
Engage any child in the legal custody of the kinship caregiver(s) in a face-to-face purposeful contact(s) who do not reside in the home concerning child safety and family functioning.
Engage collateral contacts who can provide relevant information for assessing maltreatment allegations, child safety, and/or family functioning.
Obtain, review, and analyze reports, professional evaluations and assessments, pictures and other physical evidence gathered during the special investigation.
Request state criminal history record information of adult household members when criminal history may impact child safety, in accordance with policy 19.8 Case Management: Criminal Records Checks.
Conduct a purposeful contact with the caregiver(s) and all children in the household every 30 calendar days that the Special Investigation remains open.
Afford all rights under the Indian Child Welfare Act (ICWA) to any child who is a member of a federally recognized Indian Tribe, or eligible for membership and has a biological parent who is an enrolled member and is subject to removal, placement and/or any other legal action involving DFCS to promote the stability and security of Indian Tribes and their families (see policy 1.6 Administration: Indian Child Welfare Act (ICWA) and Transfer of Responsibility for Placement and Care to a Tribal Agency.
Report to law enforcement immediately (no later than 24 hours) and refer the child to an available victim assistance organization, as certified by the Criminal Justice Coordinating Council when a child identifies as being a known or is a suspected victim of sex trafficking/sexual servitude. See Forms and Tools: Human Trafficking Case Management Statewide Protocol.
Immediately report any new known or suspected instances of child abuse to the CPS Intake Communications Center (CICC) as outlined in policy 3.24 Intake: Mandated Reporters.

When making a new Intake Report on the family that is the subject of the investigation, the new case can be merged with the current case and investigated simultaneously.
Conduct efforts to locate a family when they cannot be located or have moved to an unknown location in accordance with policy 19.21 Case Management: Unable to Locate.
Complete the Family Functioning Assessment (FFA) in Georgia SHINES to analyze and organize the information gathered to understand the significant factors affecting a child’s safety, permanency, and well-being.
Arrange individualized services for the family, when a need is identified, to address the developmental challenges they are experiencing in their everyday life.
Make a safety and maltreatment determination in consultation with the SSS at the conclusion of the special investigation.
Conduct a multi-disciplinary staffing at least 48-hours prior to submitting the special investigation for closure.
Discuss the investigation determination with the alleged maltreater and parent(s) of any alleged victim child(ren) in DFCS custody if TPR has not occurred, inform:
1. A written notice of the investigation outcome will be sent by mail; and
2. When the investigation is substantiated the notice to the maltreater will also include procedures for appeal if he/she disagrees with the decision.
Engage the kinship caregiver(s) to discuss the safety and maltreatment determination.
Provide written notification of the special investigation outcome to the required individuals and entities.
Document case activities in Georgia SHINES within 72 hours of occurrence.

Procedures

Prepare for initiating the special investigation as outlined in policy 6.1 Special Investigations: Preparing for Special Investigations.
Analyze DFCS history involving the kinship caregivers and all children in the home in accordance with policy 19.10 Case Management: Analyzing DFCS History.
Conduct a joint investigation with law enforcement on all serious and/or complex reports of abuse as outlined by the local Child Abuse Protocol. For additional information see Practice Guidance: Joint Investigations with Law Enforcement in policy 6.1 Special Investigations: Preparing for Special Investigations.

As other agencies, may have different timeframes for responding to such reports, DFCS staff must adhere to the DFCS assigned response times.
Contact the reporter, if known, when clarification or additional information related to child safety and/or the allegations of maltreatment is needed.
Complete attempts to locate the alleged child victim(s) to assess child safety within the assigned response time, including but not limited to:
1. Visiting the location where the child is believed to be; and/or
2. Contacting persons that could help verify or help locate the child or family, including but not limited to family members, neighbors, childcare agencies, school system, law enforcement, and other agencies that may be involved with the family.
Conduct a private face-to-face purposeful contact with each alleged victim child within the assigned response time (see policy 6.2 Special Investigations: Purposeful Contacts in Special Investigations).
Complete the Safety Assessment in Georgia SHINES within 72 hours of completing the initial response with the alleged victim child(ren).
Notify the alleged maltreater of the child abuse allegations during the initial contact with him/her via telephone or through face-to-face contact.
Engage each household member face-to-face and privately to discuss the maltreatment allegations and assess child safety and family functioning in accordance with policy 6.2 Special Investigations: Purposeful Contacts in Special Investigations. This includes the following individuals:
1. Alleged victim child(ren)
2. Each caregiver
3. All adult household members
4. Other children in the home
5. The alleged maltreater(s)
Conduct a visual assessment of all children to determine if any injuries or signs of maltreatment exist as outlined in policy 6.2 Special Investigations: Purposeful Contacts in Special Investigations.
Observe the physical home environment, including every room in the home to determine if it is safe and appropriate to meet the needs of each child in accordance with policy 6.2 Special Investigations: Purposeful Contacts in Special Investigations.
Make a safety determination in consultation with the SSS prior to concluding each purposeful contact with the child, kinship caregiver, adult household member, and/or alleged maltreater in accordance with policy 19.11 Case Management: Safety Assessment. Take immediate action to control the identified safety threats, if the child is unsafe:
1. When the child is in the legal custody of the kinship caregiver(s):
  1. Develop and implement with the caregiver(s) a safety plan in accordance with policy 19.12 Case Management: Safety Plan & Management; and/or
  2. Initiate court/legal intervention in accordance with policy 17.1 Legal: The Juvenile Court Process.
2. When the child is in the legal custody of DFCS immediately remove the child from the placement (see policy 10.3 Foster Care: Changes in Placement).
Engage any child in the legal custody of the kinship caregiver(s) in a face-to-face purposeful contact(s) who do not reside in the home concerning child safety and family functioning (see policy 6.2 Special Investigations: Purposeful Contacts in Special Investigations).
Engage the parent(s) of any alleged victim child(ren) in DFCS custody, if TPR has not occurred:
1. Notify the parent(s) there is an allegation of abuse against their child;
2. Provide an update on the well-being of the child and placement status (if applicable); and
3. Gather information about family functioning in the placement where the alleged abuse occurred.
Engage collateral contacts that are knowledgeable about the allegations of abuse, child safety, and family functioning in accordance with policy 19.16 Case Management: Collateral Contacts.
Consult the permanency or adoption SSCM with primary case management responsibilities to discuss the allegations of maltreatment, child safety, and family functioning.
Obtain, review, and analyze reports, professional evaluations and assessments, pictures and other physical evidence gathered during the special investigation.
Consult with subject matter experts as necessary (medical, behavioral health, DFCS staff, children’s advocacy center, etc.).
Complete the FFA in Georgia SHINES in accordance policy 19.13 Case Management: Family Functioning Assessment.
Make a special investigation determination in consultation with the SSS in accordance with policy 6.8 Special Investigations: Making a Special Investigation Determination.
Conduct the multi-disciplinary staffing at least 48-hours prior to submitting the special investigation for closure/transfer in accordance with policy 6.8 Special Investigations: Making a Special Investigation Determination.
Upon SSS approval of the investigation determination:
1. Engage the parent(s) of any alleged victim child(ren) in DFCS custody (if TPR has not occurred) to discuss:
  1. Investigation disposition (safety and maltreatment determination)
  2. A written notice of the investigation outcome will be sent by mail.
  3. When the investigation is substantiated the notice to the maltreater will also include procedures for appeal if he/she disagrees with the decision.
  4. Service provision (see policy 19.17 Case Management: Service Provision).
2. Engage the alleged maltreater to discuss:
  Investigation disposition (safety and maltreatment determination).
  
  A written notice of the investigation outcome will be sent by mail.
  
  When the investigation is substantiated the notice to the maltreater will also include procedures for appeal if he/she disagrees with the decision.
  
  Service provision (see policy 19.17 Case Management: Service Provision).
  
  When the alleged maltreater is a minor and the alleged victim child is not the minor’s biological child, have this discussion in the presence of the minor’s parent(s).
3. Engage the kinship caregiver(s) to discuss:
  1. Investigation disposition (safety and maltreatment determination).
  2. Any safety plan to address safety concerns involving a child in the legal custody of the kinship caregiver(s).
  3. Any policy violations and the need for a corrective action plan (CAP) to address tasks or situations the kinship caregiver(s) is having difficulty managing. Inform that the Permanency SSCM will work with them to develop the CAP.
  4. Service provision (see policy 19.17 Case Management: Service Provision).
Prepare the written notifications of the special investigation outcome in accordance with policy 6.9 Special Investigations: Notifications in Special Investigations.
Submit the special investigation in Georgia SHINES to the SSS for approval within 45 calendar days of the receipt of the intake report.

Social Services Supervisor

Assist the SSCM in preparing for the special investigation in accordance with policy 6.1 Special Investigations: Preparing for a Special Investigation.
Consult with the SSCM after each purposeful contact with child, kinship caregiver, adult household member, and/or the alleged maltreater to:
1. Make a safety determination in accordance with policy 19.11 Case Management: Safety Assessment;
2. Discuss safety interventions to control any identified safety threats including safety planning in accordance with policy 19.12 Case Management: Safety Plan & Management); and
3. Discuss any inconsistencies identified and follow up needed.
Review the Safety Assessment and make an approval decision in Georgia SHINES within 72 hours of submission by the SSCM.
Review the sufficiency of any safety plan for controlling or mitigating present or impending danger in accordance with policy 19.12 Case Management: Safety Plan and Management.
Assess the sufficiency of services recommended, when a need is identified in accordance with policy 19.17 Case Management: Service Provision.
Review documentation and professional assessments to provide guidance regarding the special investigation.
Make the special investigation determination in consultation with the SSCM in accordance with policy 6.8 Special Investigations: Making a Special Investigation Determination.
Ensure the multi-disciplinary staffing is conducted at least 48 hours prior to submitting the special investigation for closure as outlined in policy 60.8 Special Investigations: Making a Special Investigation Determination.
Review the FFA and make an approval decision in accordance with policy 19.13 Case Management: Family Functioning Assessment.

Review the submitted special investigation and make an approval decision in Georgia SHINES within 45 calendar days of receipt of the intake report.

Stage progression to Family Preservation Services (FPS) or Foster Care may only occur to address safety issues related to a child in the legal custody of the kinship caregiver (see policy 19.4 Case Management: Case Transfer).

Review and approve the special investigations outcome notifications in accordance policy 6.9 Special Investigations: Notifications in Special Investigations.

Practice Guidance

Foster Care Kinship Placements

Kinship Foster Care Placements provides temporary care for children in foster care of whom the caregivers are kin (relative or fictive kin). DFCS County Departments are responsible for evaluating, approving, and monitoring kinship foster care placements.

Helpful Hints in Foster Care Kinship Placement Investigations

Kinship caregivers may often be surprised and hurt when notified about a report of alleged maltreatment. They are often not prepared for what the investigative process entails and may show reluctance in participating. The Permanency SSCM or Kinship Coordinator may be able to provide support to the kinship caregiver during the investigative process and assist the investigator in gaining cooperation.

DFCS partnership with the kinship caregiver can present challenges when it comes to conducting objective investigations. As with any other type of investigation, DFCS must conduct a thorough assessment that does not rely solely on information provided by the caregiver. Statements must be verified through collateral contacts (e.g., doctors, therapists, school personnel, etc.). DFCS must avoid prematurely drawing conclusions solely based on the age, behavioral or mental health history of the alleged victim. This can be accomplished while simultaneously treating the caregiver with the same courtesy and respect afforded all families DFCS encounters.

Assessment of Foster Care Kinship Placements

Kinship caregivers are important partners in caring for children in foster care. They not only provide care for, nurture, and support the children temporarily under their supervision they may also be providing care to children in their legal custody (i.e. biological or adopted children). An investigation includes assessing the safety, maltreatment, family functioning and the service needs of all household members. In a special investigation of a foster care kinship placement this will consist of the children in foster care, kinship caregivers, and all children in the physical and legal custody of the kinship caregiver. This also includes children in legal custody of the kinship caregiver, who do not reside in the home.

Service provisions can be used to preserve placements for children in foster care, where no safety issues have been identified, by helping the family manage difficult situations they are facing in their lives. Similarly, when the assessment identifies needs of the children in the legal custody of the kinship caregiver, service provisions are used to preserve the family. The investigating SSCM should notify the Permanency SSCM or Kinship Coordinator during the multidisciplinary staffing or sooner (if urgent) to arrange services in accordance with the policy 19.17 Case Management: Service Provision. DFCS can refer to formal or informal providers to address any identified needs which include but are not limited to Prevention of Unnecessary Placement (PUP), wraparound, Babies Can’t Wait (BCW), plan of safe care, substance use disorder treatment, intimate partner violence/domestic violence services, etc.

In some circumstances, Family Preservation Services (FPS) or Permanency may be required to address safety issues for children in the legal custody of the kinship caregiver. When this occurs, services for the kinship caregiver and the children in their legal custody are arranged and provided through the FPS or Permanency case. Children in foster care cannot remain in the kinship caregiver’s home when there is an active safety threat and the resource may not be used for additional DFCS placements. Consideration may be given on a case by case basis to achieve permanency for a child in DFCS custody through the waiver process (see policy 14.23 Resource Development: Home Closure).

Placement Moves of Children in DFCS Custody During a Special Investigation

Children in foster care should not be subjected to unnecessary placement moves as each placement disruption is traumatic and may result in emotional challenges. Therefore, the placement should not be disrupted unless the child is determined to be unsafe. Additionally, any child who has a permanency plan of adoption or guardianship, or who is in the process of adoption, should not be removed from the caregiver’s home before the case is staffed with the Adoption Exchange State Permanency Unit unless present danger is indicated. Children in DFCS custody shall not remain in any home when safety threats are identified, when there is a substantiated case disposition, or a policy violation recommendation for home closure. Do not return a child removed from a placement under these circumstances unless a waiver to return the child is approved by the State Office.

Requests by Law Enforcement to Refrain or Delay Interviewing Alleged Maltreaters

Law enforcement may request DFCS refrain or delay interviewing the alleged maltreater due to a criminal case. The SSCM still has a primary obligation to ensure child safety. In this situation open and clear communication with law enforcement is necessary so that each agency understands what is required.

When the alleged maltreater has access to the alleged victim child(ren) and a safety determination cannot be made without conducting an interview, communicate directly with law enforcement to coordinate the interview or to obtain a transcript of the interview conducted by law enforcement. When it is determined that the SSCM will not be conducting a separate interview with the alleged maltreater, a list of questions or information that is needed from the individual(s) can be provided to law enforcement to ask the during the interview.

Requesting Criminal History Record Information

A criminal history check maybe warranted during a special investigation when there is an indication that an individual who has a caregiving role may have criminal history that impacts child safety; or when an individual’s behavior indicates he/she may be, or have been, involved in criminal activity that could impact child safety.

Forms and Tools

A Guide to Gathering Information During Investigations
Human Trafficking Case Management Statewide Protocol
Infant Safe to Sleep Guidelines and Protocol
Intimate Partner Violence (Domestic Violence) Guidelines & Protocol

1. Serious Injury means an injury such as a bodily injury that involves substantial risk of death, extreme physical pain, disfigurement or prolonged loss or impairment of the function of a body part, organ, or mental capability. Examples include burns, head trauma, blunt trauma, internal bleeding, multiple bruising and contusions, lacerations of organs, broken bones, and amputation.

2. Near Fatality means an act that, as certified by a physician, places the child in serious or critical condition in accordance with CAPTA regulations. Once the child meets this criterion then the allegation of “near fatality” should be marked along with any other type(s) of maltreatment.