Child welfare is a complex field due to the
multitude of individual, family, and community dynamics that not only affect
how families raise their children, but how child welfare staff who also come
from varied backgrounds and experiences assess child and family functioning. As
such, the Division of Children and Family Services (DCFS) has an internal
review process for assessment decisions given that one individual may perceive
an allegation of maltreatment or risks differently from another individual
despite consistent training.
A DCFS Family Service Worker (FSW), supervisor, or
an Office of Chief Counsel (OCC) attorney may request the Division Director or
designee to allow an internal review of assessment decisions if he or she
believes:
A.
A child in the custody of the Department can be returned safely to
his or her home; or,
B.
A child has not been taken
into the Department's custody even though the child cannot remain safely in his
or her home-No adverse action will be taken against an employee for requesting
an internal review of assessment decisions as outlined in this policy and
related procedures. However, employees who request an internal review of
assessment decisions are not absolved from discipline for other actions, as
appropriate, that fall outside of a request for an internal review of
assessment decisions-
Requests for an internal review
of assessment decisions will be made in writing via email to the Division
Director or designee. The Division Director or designee will approve the
request for an internal review of assessment decisions, as appropriate, within
one business day. The Division Director or designee may ask the requestor for
additional information regarding the need for an internal review of assessment
decisions as needed.
When the Division Director or designee grants
approval for an internal review of an assessment decision, the Division
Director or designee will immediately select and notify in writing via email
the following staff to review the assessment decision and determine the course
of action to be taken:
A.
Two Area Directors who have no
previous involvement with the case; and,
B.
A County Supervisor who has no
previous involvement with case and who does not report to either of the
selected Area Directors.
The Division Director or designee will also provide
the information submitted by the requestor of an internal review of an
assessment decision to the selected internal review
committee.
If any of the selected Area Directors and County
Supervisor cannot serve on the assessment decision internal review committee
due to a conflict of interest or any other extenuating circumstance, he or she
will notify the Division Director of the conflict in writing via email within
twenty-four hours of the receipt of notification to serve on the internal
review committee. If the Division Director or designee agrees that the selected
staff member cannot serve on the assessment decision internal review committee,
then the Division Director or designee will immediately, but no later than 24
hours, select and notify another staff member of an equal position in writing
via email.
The selected Area Directors and County Supervisor
are responsible for coordinating with each other to schedule the internal
review committee meeting. Within two business days of receiving notification
from the Division Director or designee to serve on the internal review
committee, the selected Area Directors and County Supervisor will hold the
assessment decision internal review. This committee will participate in the
internal review in person at an agreed upon location or via conference
call.
The committee will provide written notice via
email of the date, time, location, and conference call information, if
applicable, of the internal review to the:
A.
DCFS FSW, DCFS
Supervisor, or OCC attorney who submitted the request for an internal review of
assessment decisions;
B.
Primary FSW involved in
the investigation and/or case, if different from the
requestor;
C.
Direct supervisor of the primary FSW involved in the
investigation and/or case, if different from the
requestor;
D.
Local OCC attorney involved in the investigation or case, if
different from the requestor;
E.
Area Director of the
primary FSW and his/her direct supervisor (for information purposes
only);
F.
DCFS Assistant Director of Community Services or designee
(for information purposes only); and,
G.
Division Director or
designee (for information purposes only).
The individual who submitted the request for
an internal review of assessment decisions as well as the other field staff
involved (primary FSW and direct supervisor) will attend the internal review in
person or by conference call to present their positions regarding the
investigation and/or case and to answer any questions the internal review
committee may pose. If any of these individuals are unable to participate in
the internal review, they may submit any information requested by the committee
in writing prior to the internal review-After listening to all presentations
and responses to any questions, and/or reviewing any additional written
information submitted regarding the assessment decision, the internal review
committee will determine, as applicable, if:
A.
A child in the custody
of the Department maybe returned to his or her home (with court
approval);
B.
The Department will take a 72-hour hold on a child
determined by the internal review committee as not able to remain safely in his
or her home; or,
C.
No action will be
taken.
The internal review committee will select a
member of that committee to notify all appropriate individuals of their
decision in writing within two hours of adjournment of the internal review
committee. The internal review committee will determine the timeframe in which
any necessary action resulting from its decision will take place, not to exceed
twenty-four hours. For situations in which the committee determines a child in
the custody of the Department may be returned home, this will include notifying
with the local OCC attorney to request a hearing to ask for court approval to
return the child home.
PROCEDURE IX-A1: Request for an Internal
Review of an Assessment Decision
07/2017
The DCFS FSW, DCFS Supervisor, or OCC attorney
requesting an internal review of an assessment decision
will:
A.
Email the Division Director and copy the Assistant Director of
Community Services requesting an internal review of an assessment decision as
soon as the individual has reasonable cause to believe:
1)
A child in the custody of the
Department can be returned safely to his or her home;
or,
2)
A
child has not been taken into the Department's custody even though the child
cannot remain safely in his or her home.
B.
Ensure the email requesting an
internal review of an assessment decision:
1)
Has a subject line that reads,
"SENSITIVE: Request for Internal Review of an Assessment Decision - Immediate
Attention Required" and also includes the applicable
county;
2)
Is marked as "high importance;"
3)
Includes the following
information in the body of the email:
a)
Last name of the client
involved
b)
CHRIS referral number or client ID, as
applicable
c)
Brief summary of the reason for the request,
PROCEDURE IX-A2: Approval or Denial of an Internal
Review of an Assessment Decision and Selection of the Internal Review
Committee
07/2017
The Division Director or designee
will:
A.
Review the email and request additional information from the
requestor, if needed,
B.
Within one business day,
approve the request and select and notify in writing via email the following
staff to review the assessment decision and determine the course of action to
be taken:
1)
Two Area
Directors who have no previous involvement with the case;
and,
2)
County Supervisor who has no previous involvement with case and who
does not report to either of the selected Area
Directors,
C.
Select an alternate internal
review committee member, if necessary, upon receipt of notification that a
previously selected member cannot participate due to a conflict of interest or
other extenuating circumstance and immediately, but no later than 24 hours,
notify the alternate selection,
D.
Forward the written email
request for the internal review of an assessment decision to the selected
internal review committee members.
The internal review committee members
will:
A.
Confirm participation on the internal review committee of an
assessment decision upon receipt of the notification from the Division Director
or designee,
B.
Immediately notify the Division Director or designee if he or she
will not be able to participate due to a conflict of interest or other
extenuating circumstance.
Procedure IX-A3: Assessment Decision Internal
Review Committee Duties
07/2017
The internal review committee members
will:
A.
Review the following information prior to holding an internal
review of assessment decisions:
1)
Applicable Child Abuse Hotline
report;
2)
All CHRIS contacts related to the investigation and/or case;
and,
3)
Written request for the internal review of assessment decisions
previously submitted to the Division Director or
designee,
B.
Determine a date, time, and
location and/or conference call option for the internal review process (to be
held within two business days of receiving notification from the Division
Director or designee to serve on the internal review committee) and notify via
email the following individuals:
1)
DCFS FSW, DCFS Supervisor, or
OCC attorney who submitted the request for an internal review of assessment
decisions;
2)
Primary FSW involved in the investigation and/or case, if different
from the requestor;
3)
Direct supervisor of the primary FSW involved in the investigation
and/or case, if different from the requestor;
4)
Local OCC attorney involved in
the investigation or case, if different from the
requestor;
5)
Area Director of the primary FSW and his/her direct supervisor (for
information purposes only);
6)
DCFS Assistant Director of
Community Services or designee (for information purposes only);
and,
7)
Division Director or designee (for information purposes
only),
C.
Conduct the internal review of an assessment decision at the
reviewed upon time,
D.
Determine, as applicable, if:
1)
A child in the custody of the
Department will be returned to his or her home;
2)
The Department will take a
72-hour hold on a child determined by the internal review committee as not able
to remain safely in his or her home; or,
3)
No action will be
taken,
E.
Select a member of internal review committee to notify the
following individuals of their decision in writing within two hours of
adjournment of the internal review committee:
1)
DCFS FSW, DCFS Supervisor, or
OCC attorney who submitted the request for an internal review of assessment
decisions;
2)
Primary FSW involved in the investigation and/or case, if different
from requestor;
3)
Direct DCFS Supervisor of the primary FSW involved in the
investigation and/or case, if different from requestor;
4)
Local OCC attorney involved in
the investigation or case, if different from the
requestor;
5)
Area Director of the primary FSW and his/her direct
supervisor;
6)
DCFS Assistant Director of Community Services or designee;
and,
7)
Division Director or designee,
F.
Determine the timeframe in
which any necessary action resulting from the decision will take place, not to
exceed twenty-four hours,
G.
Communicate immediately to the
applicable individuals via email the tasks that will be completed as a result
of the committee's decision to include completion of appropriate documentation
in CHRIS,