I posted about our current investigation and our past ones in my intro thread on the other forum, and mentioned at the end that I hadn't yet received written verification from the investigator that they were closing it out as unfounded, so I called and left a message asking when I'd receive it.
I never got a reply, but today I received a letter....and this is how it reads:
Dear Family,
This letter is to serve as a followup regarding the concerns discussed during our most recent visits to complete the Family Assessment. In discussing whether your family could benefit from services from this agency and/or the community the decision was made that:
box checked at County Department of Social Services will not be providing services to your family, as no services were recommended.
It goes on to blather thanks for cooperating with us, if it was decided that no services would be provided and you change your mind, please don't hesitate to contact our office and we'll be glad to talk to you about receiving any available services that you may need; thanks us for our cooperation again and saying the person has enjoyed meeting and working with our family and wishes us the best in the future....
Signed, caseworker and supervisor.
HUH? UHm this doesn't say a damn thing about "We found the accusations to be unfounded."
Maybe it's just because NYC and MA spelled it out explicitly that the accusations were unfounded...but this throws me for a loop. It doesn't feel right somehow.
Beth
This is odd...
Moderators: family_man, LindaJM
Maybe this article will provide an explanation:
“States have developed practices and policies to differentiate how particular types of cases are handled (U.S. Government Accounting Office, 1997). Referred to as alternative response, differential response, dual track, or family assessment, these efforts at system reform promote new practices that affect how agencies respond to certain reports of maltreatment. Generally, investigation responses involve a more forensic approach and include processes for determining if child maltreatment occurred or if a child is at risk of child maltreatment. Alternative responses are characterized by an emphasis on an assessment of the needs of families and children with little emphasis on determining if a specific incident or condition of maltreatment occurred (U.S. Department of Health and Human Services, 2003a).”
“This Research Summary presents findings from an analysis of child abuse and neglect reports for six states that use both traditional child maltreatment investigations and some other defined action that does not require a specific finding about whether the maltreatment occurred. Several
states have recently begun using these systems, referred to in this study as “alternative responses,” in an effort to differentiate among cases in which the often confrontational nature of investigations is helpful and those for which a more assessment oriented approach may be more constructive.”
Office of the Assistant Secretary for Planning and Evaluation
Office of Human Services Policy
U.S. Department of Health and Human Services
http://aspe.hhs.gov/hsp/05/child-maltreat-resp/rs.pdf
“States have developed practices and policies to differentiate how particular types of cases are handled (U.S. Government Accounting Office, 1997). Referred to as alternative response, differential response, dual track, or family assessment, these efforts at system reform promote new practices that affect how agencies respond to certain reports of maltreatment. Generally, investigation responses involve a more forensic approach and include processes for determining if child maltreatment occurred or if a child is at risk of child maltreatment. Alternative responses are characterized by an emphasis on an assessment of the needs of families and children with little emphasis on determining if a specific incident or condition of maltreatment occurred (U.S. Department of Health and Human Services, 2003a).”
“This Research Summary presents findings from an analysis of child abuse and neglect reports for six states that use both traditional child maltreatment investigations and some other defined action that does not require a specific finding about whether the maltreatment occurred. Several
states have recently begun using these systems, referred to in this study as “alternative responses,” in an effort to differentiate among cases in which the often confrontational nature of investigations is helpful and those for which a more assessment oriented approach may be more constructive.”
Office of the Assistant Secretary for Planning and Evaluation
Office of Human Services Policy
U.S. Department of Health and Human Services
http://aspe.hhs.gov/hsp/05/child-maltreat-resp/rs.pdf
It appears that the report to the parent does not have to be in writing.
The report to the person filing the complaint has to be in writing.
If there was a completed case plan, then that notification has to be in writing.
It appears that unsubstantiated allegations are filed in the Central Registry, without court order, and are confidential. This probably means that if there is another complaint, they will use the first unsubstantiated complaint against you, even though you may have moved to another locality within the state. This record is probably not supposed to be a barrier to employment, or used against you in court, unless the case is run through the courts.
They can use 3 unsubstantiated complaints and assessments to kick it over into an investigation based on a "pattern of neglelct", where federal funding is then guaranteed. We even had a CPS worker on here who verified this.
Here is the state statutes search for North Carolina from Child Welfare Information Gateway.
http://www.childwelfare.gov/systemwide/ ... esults.cfm
N.C. Protective Services Table of Contents
http://info.dhhs.state.nc.us/olm/manual ... /index.htm
- - - - - - - - - -
http://info.dhhs.state.nc.us/olm/manual ... P292_55439
II. Case Decision-Making
If the case decision is to unsubstantiate, a determination should be made as to what agency services or outside resources if any, would be helpful. These services can be offered and referrals suggested, but the family may refuse.
The investigative assessment case decision will be reported to:
the caretakers or parents alleged to have abused or neglected the child;
the primary caretakers or parents with whom the child resided at the time the agency initiated the investigative assessment;
other parents as appropriate;
any agency in which the court has vested legal custody;
the licensing authority as appropriate; and
the Central Registry.
...the reporter shall be given written notice of the agency's findings, and actions being taken, and the process for requesting a review by the district attorney of the agency's decision not to file a petition.
H. Report to the Central Registry
...maintain a central registry of abuse, neglect,
...confidential, subject to policies
...shall submit a report of alleged abuse, neglect,
- - - - - - - -
http://info.dhhs.state.nc.us/olm/manual ... P273_39361
XI. Termination of Case Planning and Case Management Services
The agency shall terminate CPS Case Planning and Case Management when:
• parents or caregivers are willing to provide a safe home and demonstrate their ability to do so; or
• the agency receives legal custody or placement responsibility. 17
A. When Parents Are Willing to Provide a Safe Home and Demonstrate Their Ability to Do So
CPS social workers need to be involved with the family only for as long as the child’s safety is at risk. Once the worker and supervisor agree that the risk to the child is reduced to an insignificant level, the decision is made to close CP&CM services.
Documentation shall:
support the rationale for case closure; and
indicate that the decision was a shared decision made by the social worker and the CPS supervisor or supervisor’s designee.18
The agency shall notify the family in writing that the case is closed for Child Protective Services within a week of the agency’s decision to close the case.19
While both the worker and the family will have discussed the eventual outcome as work has progressed, a formal notification to the family that CPS services will be terminated needs to be communicated to the family within a week of the agency’s decision to close the case. Verbal acknowledgements of the strengths and accomplishments the family has demonstrated should also be a part of the notification. The CP&CM worker should also provide information on services the family may access if the need arises.
- - - - - - - - - - -
From Federal CPS Policy Manual
2.1A.2 CAPTA, Assurances and Requirements, Access to Child Abuse and Neglect Information, Expungement
02/03/2005 - 04/17/2006
Question
How will States be able to determine whether a pattern of abuse or neglect exists if unsubstantiated records must be expunged? While the statute allows these records to be kept in casework files, if the files are not maintained in a central location, previous unsubstantiated report(s) may go undetected if a subsequent report comes into another office, or even another worker.
Answer
The impetus behind the expungement requirement was the concern of Congress that families are negatively and sometimes unjustly affected by maintenance of public records of unsubstantiated allegations of abuse or neglect. However, it was not the intent of Congress to prevent CPS agencies from keeping information on unsubstantiated reports for use in future risk and safety assessments (Senate Report 104-117, dated July 10, 1995, p. 14). While CAPTA requires prompt expungement of records that are accessible to the general public or are used for purposes of employment or other background checks in cases determined to be unsubstantiated, they also allow CPS agencies to retain information on unsubstantiated reports in their casework files.
2. Since the issue for Congress is disclosure of information regarding cases that are unsubstantiated or unfounded, this requirement should not adversely affect a State''s ability to determine possible cumulative harm. For instance, a State could choose to implement a system which would consider an unsubstantiated case "expunged" for any purpose other than investigation of a new report. This should be possible even in States where casework files are computerized.
http://www.acf.hhs.gov/j2ee/programs/cb ... itID=66#66
- - - - - - - - - -
This quote and the above link are good to use in any Declaration of Facts, because this is one of those weak links in the system, and one over which parents have no control.
"families are negatively and sometimes unjustly affected by maintenance of public records of unsubstantiated allegations of abuse or neglect"
The report to the person filing the complaint has to be in writing.
If there was a completed case plan, then that notification has to be in writing.
It appears that unsubstantiated allegations are filed in the Central Registry, without court order, and are confidential. This probably means that if there is another complaint, they will use the first unsubstantiated complaint against you, even though you may have moved to another locality within the state. This record is probably not supposed to be a barrier to employment, or used against you in court, unless the case is run through the courts.
They can use 3 unsubstantiated complaints and assessments to kick it over into an investigation based on a "pattern of neglelct", where federal funding is then guaranteed. We even had a CPS worker on here who verified this.
Here is the state statutes search for North Carolina from Child Welfare Information Gateway.
http://www.childwelfare.gov/systemwide/ ... esults.cfm
N.C. Protective Services Table of Contents
http://info.dhhs.state.nc.us/olm/manual ... /index.htm
- - - - - - - - - -
http://info.dhhs.state.nc.us/olm/manual ... P292_55439
II. Case Decision-Making
If the case decision is to unsubstantiate, a determination should be made as to what agency services or outside resources if any, would be helpful. These services can be offered and referrals suggested, but the family may refuse.
The investigative assessment case decision will be reported to:
the caretakers or parents alleged to have abused or neglected the child;
the primary caretakers or parents with whom the child resided at the time the agency initiated the investigative assessment;
other parents as appropriate;
any agency in which the court has vested legal custody;
the licensing authority as appropriate; and
the Central Registry.
...the reporter shall be given written notice of the agency's findings, and actions being taken, and the process for requesting a review by the district attorney of the agency's decision not to file a petition.
H. Report to the Central Registry
...maintain a central registry of abuse, neglect,
...confidential, subject to policies
...shall submit a report of alleged abuse, neglect,
- - - - - - - -
http://info.dhhs.state.nc.us/olm/manual ... P273_39361
XI. Termination of Case Planning and Case Management Services
The agency shall terminate CPS Case Planning and Case Management when:
• parents or caregivers are willing to provide a safe home and demonstrate their ability to do so; or
• the agency receives legal custody or placement responsibility. 17
A. When Parents Are Willing to Provide a Safe Home and Demonstrate Their Ability to Do So
CPS social workers need to be involved with the family only for as long as the child’s safety is at risk. Once the worker and supervisor agree that the risk to the child is reduced to an insignificant level, the decision is made to close CP&CM services.
Documentation shall:
support the rationale for case closure; and
indicate that the decision was a shared decision made by the social worker and the CPS supervisor or supervisor’s designee.18
The agency shall notify the family in writing that the case is closed for Child Protective Services within a week of the agency’s decision to close the case.19
While both the worker and the family will have discussed the eventual outcome as work has progressed, a formal notification to the family that CPS services will be terminated needs to be communicated to the family within a week of the agency’s decision to close the case. Verbal acknowledgements of the strengths and accomplishments the family has demonstrated should also be a part of the notification. The CP&CM worker should also provide information on services the family may access if the need arises.
- - - - - - - - - - -
From Federal CPS Policy Manual
2.1A.2 CAPTA, Assurances and Requirements, Access to Child Abuse and Neglect Information, Expungement
02/03/2005 - 04/17/2006
Question
How will States be able to determine whether a pattern of abuse or neglect exists if unsubstantiated records must be expunged? While the statute allows these records to be kept in casework files, if the files are not maintained in a central location, previous unsubstantiated report(s) may go undetected if a subsequent report comes into another office, or even another worker.
Answer
The impetus behind the expungement requirement was the concern of Congress that families are negatively and sometimes unjustly affected by maintenance of public records of unsubstantiated allegations of abuse or neglect. However, it was not the intent of Congress to prevent CPS agencies from keeping information on unsubstantiated reports for use in future risk and safety assessments (Senate Report 104-117, dated July 10, 1995, p. 14). While CAPTA requires prompt expungement of records that are accessible to the general public or are used for purposes of employment or other background checks in cases determined to be unsubstantiated, they also allow CPS agencies to retain information on unsubstantiated reports in their casework files.
2. Since the issue for Congress is disclosure of information regarding cases that are unsubstantiated or unfounded, this requirement should not adversely affect a State''s ability to determine possible cumulative harm. For instance, a State could choose to implement a system which would consider an unsubstantiated case "expunged" for any purpose other than investigation of a new report. This should be possible even in States where casework files are computerized.
http://www.acf.hhs.gov/j2ee/programs/cb ... itID=66#66
- - - - - - - - - -
This quote and the above link are good to use in any Declaration of Facts, because this is one of those weak links in the system, and one over which parents have no control.
"families are negatively and sometimes unjustly affected by maintenance of public records of unsubstantiated allegations of abuse or neglect"
So whatever kooky neighbor I have who made the damn call would receive a letter telling them that they closed the investigation as unfounded?! WTF ?! Like it's any of their business?!!! Let's just set me up for more accusations why don't we? Make sure we get that pattern going.... I gotta get out of this neighborhood ASAP!
If you are from NC your name will be on the registry for 10 years even if unfounded. I know because that is where our case was from.
**********************************
This is not legal advice;hopefully wisdom
To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).
Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour
"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1
This is not legal advice;hopefully wisdom
To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).
Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour
"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1
10 years listed on the registry even unfounded?Better than it could be
You're lucky (well as much as you could be in this situation). In Arkansas they have the option to leave you in the Central Registry as long as they choose, including forever.Return to “CPS Investigations”
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