|
| Most abuse and neglect cases enter the child welfare system through child protective service agencies |
|
What are child protective services? The term "child protective services" generally refers to services provided by an agency authorized to act on behalf of a child when parents are unable or unwilling to do so. In all States, these agencies are mandated by law to conduct assessments or investigations of reports of child abuse and neglect and to offer rehabilitative services to families where maltreatment has occurred or is likely to occur. While the primary responsibility for responding to reports of child maltreatment rests with State and local child protective service agencies, prevention and treatment of abuse and neglect can involve professionals from many disciplines and organizations. Although variations exist among jurisdictions, community response to child maltreatment typically includes the following sequence of events: Identification. Individuals likely to identify abuse are often those in a position to observe families and children on an ongoing basis. This may include educators, law enforcement personnel, social service personnel, medical professionals, probation officers, daycare workers, mental health professionals, and the clergy, in addition to family members, friends, and neighbors. Reporting. Some individuals, such as medical and mental health professionals, educators, childcare providers, social service providers, law enforcement personnel, and clergy, are often required by law to report suspicions of abuse and neglect. Some States require reporting by any person having knowledge of abuse or neglect. Child protective service or law enforcement agencies usually receive the initial report of alleged abuse or neglect, which may include the identity of the child, information about the nature and extent of maltreatment, and information about the parent or other person responsible for the child (caretaker). The initial report may also contain information identifying the individual causing the alleged maltreatment (perpetrator), the setting in which maltreatment occurred, and the person making the report. Intake and investigation. Protective service staff are responsible for determining whether the report constitutes an allegation of abuse or neglect and how urgently a response is needed. The initial investigation involves gathering and analyzing information from and about the child and family. Protective service agencies may work with law enforcement and other agencies during this period. Caseworkers generally respond to reports of abuse and neglect within 2 to 3 days. A more immediate response may be required if it is determined that a child is at imminent risk of injury or impairment. If the intake worker determines that the referral does not constitute an allegation of abuse or neglect, the case may be closed. If there is substantial risk of serious physical or emotional harm, severe neglect, or lack of supervision, a child may be removed from the home under provisions of State law. Most States require that a court hearing be held shortly after the removal to approve temporary custody by the child protective service agency. In some States, removal from the home requires a court order. Following the initial investigation, the protective service agency generally concludes one of the following: (1) sufficient evidence exists to support or substantiate the allegation of maltreatment or risk of maltreatment; (2) sufficient evidence does not exist to support maltreatment; or (3) maltreatment or the risk of maltreatment is indicated, although sufficient evidence to conclude or substantiate the allegation does not exist. Should sufficient evidence not exist to support an allegation of maltreatment, additional services may still be provided if it is believed there is risk of abuse or neglect in the future. Assessment. Protective service staff attempt to identify the factors that contributed to the maltreatment and to address the most critical treatment needs. Case planning. Case plans are developed by protective services, other treatment providers, and the family in an attempt to alter the conditions and/or behaviors resulting in child abuse or neglect. Treatment. Protective service and other treatment providers implement a treatment plan for the family. Evaluation of family progress. After the treatment plan has been implemented, protective services and other treatment providers evaluate and measure changes in family behavior and the conditions that led to child abuse or neglect, assess changes in the risk of maltreatment, and determine when services are no longer necessary. Case managers often coordinate the information from several service providers when assessing the case's progress. Case closure. While some cases are closed because the family resists intervention efforts and the child is considered to be at low risk of harm, others are closed when it has been determined that the risk of abuse or neglect has been eliminated or sufficiently reduced to a point where the family can protect the child from maltreatment without further intervention. If it is determined that the family will not be able to protect the child, the child may be removed from the home and placed in foster care. If the child cannot be returned home to a protective environment within a reasonable timeframe, parental rights may be terminated so that permanent alternatives for the child can be found. One option available to child protective services is referral to juvenile court Substantiated reports of abuse and neglect do not necessarily lead to court involvement if the family is willing to participate in the child protective agency's treatment plan. The agency may, however, file a complaint in juvenile court if the child is to be removed from the home without parental consent or if the parents are otherwise uncooperative. Adjudicatory hearings primarily focus on the validity of the allegations, while dispositional hearings address the case plan (e.g., placement, supervision, and services to be delivered). Typical dispositional options include treatment and services provided by protective service agencies, temporary custody granted to the State child protective agency, foster care, termination of parental rights, permanent custody granted to the State child protective agency, and legal custody given to a relative or other person. Both adjudicatory and dispositional hearings are held within a timeframe specified by State statute. Although not all abuse and neglect cases become involved with the court, the juvenile court is playing an increasingly significant role in determining case outcomes. The Federal Adoption Assistance and Child Welfare Act of 1980 (Public Law 96-272) required greater judicial oversight of the child protective service agency's performance. This legislation was passed in an attempt to keep children from being needlessly placed in foster care or left in foster care indefinitely. The goal of this legislation was to enable the child to have a permanent living arrangement (e.g., return to family, adoption, or placement with other relatives) as soon as possible. Courts often review decisions to remove children from home during emergencies, oversee agency efforts to prevent placements and reunite families, approve agency case plans designed to rehabilitate families, periodically review cases, and decide whether to terminate parental rights in cases involving children unable to return home. Courts review case plans of all court-involved cases prior to implementation and maintain ongoing involvement until the child is either returned home or placed in a permanent, adoptive home.
| ||||