Investigations and assessments are mutually dependent parts of child protection. The investigation comprises the fact-finding activities on which the assessment (drawing conclusions from the facts) is based. An assessment cannot be accurately made without data from an investigation. An investigation is pointless (and possibly destructive) if there is no assessment.

2010 Investigation

Investigatory activities may vary from case to case based on the specifics of the case. Investigative activities may be done by an SRS Social Worker, SRS Child Protection Special Investigator, or Law Enforcement, and will commonly involve several of the following activities (not necessarily in the order given):

• Interviewing the reporter and witnesses (if any) to the alleged maltreatment.

• Interviewing the child victim (preferably before the alleged or suspected perpetrator is interviewed and not in the presence of the suspected perpetrator except for good reason).

• Interviewing the child’s parent(s) and other person(s) responsible for the care of the child.

• Interviewing the alleged or suspected perpetrator.

• Interrogating the suspected perpetrator if there are indications the allegation may be true. This may be done by law enforcement or SRS.

• Visiting the scene of the alleged maltreatment; documenting relevant environmental information; requesting a law enforcement officer to seize physical evidence. Photographs or videotapes may be requested of a law enforcement officer, medical staff, or other persons trained and competent in taking photographic or electronic evidence. If such a qualified professional is not available, SRS staff should photograph to record the evidence.

• Obtaining relevant records from SRS, law enforcement, medical practitioners or other relevant entities. Consents for release of information not statutorily available will be necessary. A subpoena for documents or interviews to provide essential information may be requested by SRS or a court appointed multi disciplinary team.

• Making and documenting behavioral observations such as the appearance and affect of witnesses and suspects when presented with questions or information about the alleged maltreatment; the child's behavior in the presence of care givers or the alleged perpetrator; the type and quality of interaction of family members; statements; or behaviors of any person which might be indicative of truthfulness; lying; any mental, emotional or physical impairment of any other child or adult; behaviors indicating alcohol or other drug use; etc.

2020 Assessment

Assessment is the process of drawing hypotheses or conclusions from the information available from the investigation. As with elements of the investigation, the activities of an assessment may vary from case to case. Assessments are completed by an SRS Social Worker and will commonly involve several of the following activities (not necessarily in the order given):

• Evaluating the quality and sufficiency of the evidence.

• Evaluating the plausibility of explanations for the harm.

• Considering alternative explanations for the injury.

• Evaluating contributing factors according to the Safety and Risk Assessment.

• Reaching a tentative conclusion whether the alleged maltreatment occurred.

• Assessing whether there is immediate danger to the child.

• Considering alternative protection actions if necessary and selecting one.

• Assessing long term risk of reoccurrence.

• Considering available services and making an initial plan for selected services.

All assessment information mentioned in this section shall be documented on each report using the Kansas Initiative for Decision Support (KIDS) computer application.

2030 CPS Special Investigators

Child Protective Service Special Investigators provide evidentiary information to support social worker decisions regarding safety, risk and service action. They may assist in an individual capacity with initial agency response to interview subjects involved in a abuse/neglect report or assist as a member of a joint investigative interview team with the social worker.

2031 Tasks Completed by a CPS Special Investigator

The following tasks yield evidentiary information and may be conducted in accordance with policy by a CPS Special Investigator:

- Interview the child alleged to be the victim.

- Interview the child's parent(s) or other persons responsible for the care of the child.

- Interview the alleged or suspected perpetrator.

- Interview the reporter and any collateral witnesses to the alleged maltreatment.

- Interrogate the suspected perpetrator if there are indications the allegations may be true.

- Visit the scene of the alleged maltreatment to gather forensic evidence: document relevant environmental information; take photograph or videotapes.

- Document physical and behavioral observations of the alleged victim, witnesses and perpetrators; the child's behavior in the presence of care givers or the alleged perpetrator; statements or behaviors of any person which might be indicative of truthfulness.

- Provide evidentiary information regarding immediate safety of the children involved in the CINC allegation to the social worker and supervisor who will make the safety determination. The special investigator shall not determine the safety of a child without the input from the social worker.

- Assist the social worker or supervisor with any course of necessary protective action.

-Obtain relevant records from law enforcement, medical practitioners or other relevant entities.

- Prepare an investigative report.

- Prepare any narrative reports for affidavits.

- Coordinate with the social worker, supervisor and other SRS program staff during the investigation to insure seamless agency service delivery for the family.

2032 Agency Documentation Completed by a CPS Special Investigator

In consultation with social worker and/or supervisor the special investigator may complete the following forms:

Agency Response (CFS-2030A)- the portion where child's safety is determined should be documented in consultation with a social worker and/or supervisor
Family Based Safety Plan (CFS-2003) -with review by the social worker and/or supervisor
Case Findings (CFS-2011)-draft of the basis for finding section for review and approval by the social worker and supervisor
Notices of Finding (CFS- 2012, CFS-2013) -with approval by the social worker and supervisor

2100 Initiation of Investigative Interviews of Child Abuse/Neglect

The Department has the duty to receive and investigate reports of child abuse and neglect for the purpose of determining whether the report is valid and whether action is required to protect the child. K.S.A. 38-2226(a)

"Investigation" is the initial phase of the Family Based Assessment for reports alleging child abuse or neglect. In an investigation facts are obtained and evidence is gathered and secured in order to reach a conclusion on the validity of the report and what actions, if any, are needed to protect the child. The purpose of the intervention is to assist families (where needed) to live together safely and within the requirements of law.

SRS staff conducting the investigative interview shall inform the family that the Kansas Code for Care of Children requires SRS to make inquiry when a child is alleged to be in need of care. The pamphlet entitled “What You Need to Know About Investigations of Child Abuse or Neglect” CFS-2010 shall be used for this purpose. SRS staff shall advise the family that they are not required to cooperate with the agency and the possible consequences of such refusal.

2110 Requirement to Interview Relevant Persons

In order to reach a case finding, interviews must be conducted with all persons known or believed to possess relevant information. The investigative interview may be conducted by a social worker, Children & Family Services special investigator or law enforcement officers.

A. The following persons shall be interviewed unless allowable reasons not to interview the person exist and are documented:

The alleged victim.
Primary care giver of alleged victim (a residential parent, or other adult with whom the child resides and has authority to make significant decisions concerning the child's care.
Siblings residing in the home of the victim, if the victim is pre-verbal or otherwise unable to be interviewed.
The alleged or suspected perpetrator.

B. Allowable reasons for not interviewing include, but are not limited to:

Refused to talk with worker
County or District Attorney or law enforcement officer requested that SRS not interview
Unable to locate or otherwise unavailable
Mental or physical condition prevents interview
A child is pre-verbal or non-verbal (Child should be observed)
Alleged perpetrator not identified
Deceased

Practice Note: An attempt shall be made to interview alleged victims two years old or older.

C. Other persons may be determined by the social worker to have relevant information and if so determined the person(s) shall be interviewed unless allowable reasons not to interview the person exist and are documented. A "relevant person" is one who has been identified during the course of the investigation as having information that is key to the investigation or is essential to protecting the child or making a finding. Relevant persons might include:

Non-residential parent
Siblings;
Any adult who provides care or supervision of the victim or who lives in the home, whether related or not;
Other witnesses, regardless of their relationship to the victim or living arrangement;
Relatives and friends; or
Neighbors.

A person need not be determined to have relevant information and be interviewed if there is reason to believe additional interviews would not add to the information already available and sufficient information is otherwise available to protect the child and to establish a finding. If a person who would otherwise be a relevant person is excluded for these reasons, the reason for the decision shall be documented on form CFS 2030A, "Agency Response."

2120 Documenting Agency Response

The form CFS 2030A, Agency Response, documents who was interviewed and, when applicable, reasons interview did not occur.

When some but not all members of the family are unable to be located once the assessment has begun, document “unable to locate” on the individuals who were not located. Agency Response information shall be completed on individuals who were located.

For reports involving a non-family/unregulated care giver as the perpetrator or incident of abuse or neglect occurring in a facility regulated by KDHE, agency response is documented on the CFS 1004. Agency response documents may be completed by either an SRS social worker or SRS child protection special investigator. A printed form is the official copy and shall be in the case record.

2130 Parental Permission to Interview a Child

Parental permission is not required to interview a child who is the subject of a report that the child may be in need of care. However, as parental cooperation may be essential to an adequate investigation of a complaint, parental permission to interview a child shall be sought whenever practicable. Circumstances in which a child may be interviewed without parental consent include:

• The parent is alleged or suspected to be involved in the maltreatment.

• The safety of the subject child or any other child in the same care might be jeopardized by delay or notice.

• There is reason to believe that essential evidence would not be available if there is delay or notice.

Whenever it is necessary to interview a child without parental consent, a parent should be notified as soon thereafter as practicable and an explanation provided for the interview. SRS staff shall not enter a residence to interview a child regarding alleged abuse or neglect unless a parent or other adult resident at that address has given permission for that SRS person to enter the domicile.

2140 Interviewing Children

The importance of conducting interviews of children out of the presence of a suspected perpetrator makes interviewing children in a neutral setting a preferred practice

2141 Interviewing Children at School

The Kansas Code for Care of Children provides for cooperation between SRS, law enforcement agencies and elementary and secondary schools in the investigation of abuse or neglect [K.S.A. 38-2226(g)]. The statute also provides that schools shall provide access to the child on school premises for this purpose.

Whenever a child is to be interviewed at school the following guidelines should be followed:

Whenever practicable, advance notice should be given the school administrator of the need for an at-school interview. A mutual understanding should be reached between SRS and the school administration that a parent should NOT be notified of the interview unless such notice is approved by SRS or a law enforcement officer on a case by case basis. SRS is responsible to notify the parent of the interview at a time when it will not interfere with the investigation.
When SRS staff is on school premises, the school administrator should be immediately notified and identification provided. The worker should also notify the school when leaving the premises.
Form CFS 1003, "Request to Interview a Child at School" should be presented to the school administrator.
To the degree practicable, the child should be excused from classroom activities and escorted to the interview in a manner that does not identify the purpose of the interview. The interview should be conducted in a place which provides confidentiality and, if possible, comfort to the child.
If it will provide support for the child, a school employee may be present in the interview but may not participate unless invited to do so by SRS or a law enforcement officer. The school may not require a school employee to be present during the interview [K.S.A. 38-1523(g)].
If a child needs to be taken off-premises, a law enforcement officer should be requested to place the child in protective custody and transport the child. The child may not be taken off premises by an SRS employee unless there is a court order giving SRS temporary custody or if accompanied by a parent or with written parental consent.
If non-involved children are interviewed as witnesses, parents of such children should be notified in advance if time permits, and if not, as soon as practicable following the interview.

2142 Interviewing Children in a Child Care Setting

There are no statues or regulations providing for interviewing children as alleged victims of abuse/neglect in a child care setting. However, under Kansas law all persons with information and /or evidence concerning abuse or neglect of a child are encouraged to cooperate with investigations conducted by law enforcement and/or SRS. Individuals in child care are mandated to report suspected acts of abuse or neglect and/or required to cooperate with investigations of suspected child abuse/neglect. KSA 38-2223 and KAR 28-4-118.

2150 Interviews with Children Who Are the Subject of Reports of Abuse or Neglect in Licensed Facilities

2151 Relevant Parties

Department guidelines for determining who are relevant parties for the purpose of conducting interviews apply to investigations in facilities. See PPM section 2110.

2152 Documenting Agency Response

Investigative interviews with children who are the subject of reports of abuse or neglect in licensed facilities are documented on the CFS 1004. Agency response documents may be completed by either an SRS social worker or SRS child protection special investigator.

2153 Permission for KDHE to Interview a Child in SRS Custody

The Department of Health and Environment has a statutory duty and authority to conduct an investigation of alleged or suspected violations of license laws or regulations. In order to carry out these responsibilities KDHE is not required to obtain consent from SRS or from a child’s parent to interview any child in the custody of the Secretary of SRS.

2154 Notice to Facility When On Premises

Investigations of complaints in facilities may be conducted with or without advance notice. In general, advance notice shall be given except when there are reasonable concerns for the safety of one or more children or the element of surprise is necessary to secure evidence. Whether or not advance notice is given, the on-site person in charge shall be notified whenever the department is on the premises and the purpose of the visit explained.

2160 Interviewing Children Who Are the Subject of a Report of Abuse or Neglect by a Non-Family/Unregulated Care Giver ("Third Party")

An investigation with a non-family/unregulated care giver as the alleged perpetrator are essentially different than intra-familial maltreatment.

2161 Relevant Parties

If SRS is involved in a investigation with a non-family/unregulated care giver as the alleged perpetrator, it is required only that the alleged victim be interviewed and that the alleged perpetrator be given an opportunity to be interviewed (by SRS or law enforcement) or document an allowable reason for not interviewing. Informing the parents of a child believed to have been maltreated by a non-family/unregulated care giver is not a requirement of the investigation but it respects the parent's right to know, allows the parent to take protective action if needed and may assist in gaining the cooperation of the child.

2162 Documentation of Agency Response

Documentation of agency response and investigative interviews with relevant parties involved in a report with a non-family/unregulated care giver as the perpetrator shall be documented on the CFS 1004. Agency response documents may be completed by either an SRS social worker or SRS Children & Family Services special investigator.

2170 Physical Observation of a Child Who is the Subject of a Report of Physical Abuse or Neglect

When physical abuse or neglect is alleged, the child’s body shall be observed or examined for evidence of alleged physical trauma (e.g. bruises or burns) or physical condition (e.g. bug bites, body dirt). The child’s body shall be observed in the least intrusive manner and conducted in a manner that is sensitive to that child’s age and gender. Whenever practical, a parent should be requested to undress the child and assist in determining the child’s physical condition. Depending on the circumstances, the social worker or special investigator may have another adult present or have a medical professional conduct the exam.

2200 Special Investigative Circumstances

2210 Joint Procedures with SRS and Law Enforcement Agencies

Reports in which SRS has determined sexual abuse or serious physical injury or deterioration may have occurred and action may be required to protect the child, are required by statute to be joint investigations with SRS and a law enforcement agency [K.S.A. 38-2226(b)].

SRS meets its statutory responsibility when a request is made and documented for law enforcement assistance. SRS determination whether abuse/neglect has occurred and necessary action to prevent (further) abuse must not be delayed if law enforcement does not respond.

If a law enforcement officer requests assistance from SRS in the investigation of a report of child abuse or neglect, the department will assist.

2220 Investigations involving a report of abuse or neglect in a facility licensed by KDHE.

KDHE shall be notified whenever there is a concern about health or safety in a facility which is subject to regulation. Local health departments may be notified.

Investigations of complaints in child care facilities can often be complex due to the possibility of multiple victims or perpetrators and multi-agency responsibilities. Planning for an investigation may require striking a balance between promptness of contact with the alleged victims and the need to coordinate with other agencies to avoid making errors in the investigation which could also affect the safety of children.

Investigations in facilities shall be conducted according to department policy for determining response times. Any deviation from these guidelines shall be taken only in the best interests of a child and the basis for the action shall be documented. In completing an investigation of an incident occurring in a facility regulated by KDHE, the local office shall:

• Conduct a prompt and thorough investigation of the allegations to determine whether the report is valid and whether services are necessary to protect a child who is the subject of the report or any other child under the same care.

• Recommend revocation of the facility child care license, if warranted.

2221 Notice to Parent or Guardian of a Child in Out of Home Placement

Unless it is determined a notice is not in the child's best interest, the investigating social worker shall give notice of the investigation to the parent or guardian of child who has been alleged to be abused or neglected while in out of home care. This policy does not include parents whose parental rights have been terminated. The notice may be verbal or in writing. Contact with parents shall be included on the CFS 1004, Agency Response Facility and Third Party Reports. Such notice should not be unreasonably delayed but need not take precedence over the other investigative activities. Contact with the parent or guardian shall be coordinated with the CWCBS provider

2222 Investigative Documentation

Documentation of the investigation of facility reports shall include:

• CFS 1004, Agency Response Facility and Third Party Reports

• CFS 2011, Case Finding

• CFS 2013, Notice of Department Finding - Facility Reports

• CFS 2016 for notification to KDHE and other distribution.

2223 Assessment Documentation of Facility Reports

Family based assessments are based on dynamics unique to families. A day care center is not a family and is not the proper subject for a family based assessment. Family foster homes and residential child care programs often share some attributes of families but are not families for the purpose of determining how they shall be assessed.

Whenever a facility report is accepted, the safety of the child and the need for immediate medical examination or treatment related to the reason for the report shall be completed; however a family based assessment (Safety Assessment, Risk Assessment and Family Based Assessment Summary) is not required.

Practice Note: If a child is substantiated as having been abused or neglected in a family foster home and the maltreatment does not threaten the immediate safety of the child, a family based assessment may be used as a tool to assist in making the decision whether the child should remain in the home or be placed elsewhere.

2224 Joint Investigations with KDHE and/or Local Health Departments

Joint investigations with KDHE and/or local health departments are encouraged, especially in cases of serious abuse. The unavailability of a representative from these agencies shall not delay an SRS response.

The investigation of complaints concerning child care facilities must be conducted in a manner that ensures an independent and objective investigation and assessment. However, if there is a conflict between child safety and providing for a strictly “objective” investigation, the safety of children takes precedence.

Practice Note: It may be difficult in small communities to assign a social worker who does not have some social contact with the person being investigated. In such situations promptness and the safety of the child is more important than delaying the investigation for a person without such contacts.

2225 Joint Investigations With SRS Child Care Provider Manager

SRS Child Care Provider Manager or contracting/monitoring staff may be asked to assist in the investigation whenever appropriate.

2230 Investigation of Reports of Abuse or Neglect by Person Other than a Parent, Relative, Custodian/Care Giver or Household Member ("Third Party")

The Kansas Code for Care of Children provides that SRS and law enforcement officers have the duty to receive and investigate reports of child abuse or neglect for the purpose of determining whether the report is valid and whether action is required to protect the child from further abuse or neglect. The law is silent regarding the relationship between the child and the alleged or suspected perpetrator.

Where practicable, written joint procedures shall be developed by SRS and local law enforcement agencies regarding receiving and investigating non-family/unregulated care giver reports. It is the policy of the Department of Social and Rehabilitation Services to receive and investigate reports which meet the definition of child abuse or neglect unless a law enforcement officer has accepted or will accept the report for investigation. The department will assist a law enforcement officer in the investigation and assessment of reports of child abuse or neglect upon request of the officer. Persons to whom this section applies includes, but is not limited to, alleged abuse or neglect by:

• Teachers, administrators, or other employees of a school, other than a home school, in which a child who is the subject of a report of abuse or neglect is enrolled or attends.

• Employees and administrators of recreational and/or character building organizations in which a child who is the subject of a report of abuse or neglect participates.

• Baby sitters.

• Acquaintances of the child/family.

• Strangers.

2231 Case Opening in Non-Family/Unregulated Care Giver Cases

If SRS accepts a non-family/unregulated care giver report for investigation and assessment or assists law enforcement with an investigation, a case shall be opened. A non-family/unregulated care giver case is opened in FACTS for each family in which there is a child who is alleged to have been abused or neglected. If there is evidence or suspicion of parental involvement or failure to protect the child, a separate report should be initiated regarding the parental action or inaction.

2232 Investigative Documentation of Non-Family/Unregulated Care Giver Reports

Documentation of the assessment of non-family/unregulated care giver reports shall include:

• Form CFS 1004, "Agency Response - Facility and Third Party Reports"

• CFS 2011, Case Finding

• CFS 2012, Notice of Department Finding

• CFS 2013 A, Notice of Substantiation; or, CFS 2013 B, Notice of Validation

2233 Assessment Documentation of Non-Family/Unregulated Care Giver Reports

Whenever a non-family/unregulated care giver report is accepted, the safety of the child and the need for immediate medical examination or treatment related to the reason for the report shall be completed; however, a family based assessment (Safety Assessment, Risk Assessment and Family Based Assessment Summary) is not required.

Practice Note: If the safety decision on a non-family/unregulated care giver report indicates the child is not safe, it is likely that a report of suspected neglect will be required to determine the parent's ability to keep the child safe.

2240 Requests for a County or District Attorney to Direct an Investigation

It should be rare for SRS and a law enforcement agency not to reach agreement on joint procedures for accepting reports of child abuse or neglect or in individual situations involving such reports. If agreement cannot be reached; however, and if the safety of a child cannot be assured, the county or district attorney may be requested to resolve the issue. A request to the county or district attorney in such situations shall only be pursued upon approval by the Area Director or CFS Program Administrator after consultation with the SRS Area Attorney.

2250 Investigations of Reports of Abuse or Neglect regarding Native American Children

If, during the investigation of a report of child abuse or neglect, information is obtained which indicates that a child is or may be a member of an Native American tribe or eligible for tribal membership, that fact and available supporting information shall be documented in the case record.

When conducting an investigation involving a Native American family, the family shall be informed that they may request a Native American interpreter. Assessment of the family must take into account the prevailing social and cultural conditions and way of life of the Native American community.

2260 Reports Involving the Medical Neglect of Disabled Infants with Life Threatening Conditions ("Baby Doe")

Kansas Administrative Regulations 30-45-10 et seq. requires specific procedures for the investigation of medical neglect of disabled infants with life-threatening conditions.

Disabled Infant means a child less than one year of age who has been continuously hospitalized since birth, whose birth was extremely premature, or who has a long-term disability.

Medical Neglect includes but is not limited to, the withholding of medically indicated treatment from a disabled infant with a life-threatening condition.

Withholding medically indicated treatment means failure to provide treatment which, in the treating physician’s reasonable medical judgment, is most likely to ameliorate or correct all life threatening conditions, except when the treatment would be futile in terms of survival of the infant and the treatment itself under such circumstances would be inhumane. Withholding medically indicated treatment always includes failure to provide appropriate nutrition, hydration or medication.

2262 Response to "Baby Doe" Reports

Upon receipt of a report of a disabled infant with a life threatening condition, the worker shall treat the case as an emergency and shall:

A. Conduct a Preliminary Inquiry. Contact the facility where the child is located or being treated and ascertain the current medical condition of the infant, the name of attending physician, the name of the contact person for the hospital’s medical ethics committee (if any), and any other available pertinent information.

B. Notify the parent, care giver or legal guardian of the allegations of the report if such person is not the reporter.

C. Contact the hospital medical ethics review committee at the facility housing the infant to obtain the committee's findings. If no hospital medical ethics review committee exists, contact the nearest Level III Perinatal Care Center. (When an independent medical examination is needed for an infant already in a Level III Center, the request should be directed to another Level III facility.) Requests should be made to:

University of Kansas Medical Center

Pediatric Department, Division of Neonatology

3900 Rainbow Blvd.

Kansas City, Kansas 66103

Telephone: 913/588-6337 (day)

913/588-6350 (night)

Wesley Medical Center

Division of Perinatal Medicine

550 North Hillside

Wichita, Kansas 67214

Telephone: 316/688-2300

D. If the report otherwise meets department policies regarding case acceptance, accept the report as alleged or suspected medical neglect. The report should be assigned a “same day” response time. If there is credible evidence medically indicated treatment will not be withheld within 72 hours, a 72 hour response time may be assigned.

2263 Protective Actions Related to Baby Doe Reports

If upon preliminary inquiry or investigation the report appears to be true, a report shall be made to the County or District Attorney recommending a child in need of care petition be filed when:

• No medical ethics review committee or Level III Perinatal Care Center is available or willing to review the case and the decision to withhold medically indicated treatment is not rescinded;

• The parents of the infant fail or refuse to consent to the medical treatment recommended by a review committee or Level III Perinatal Care Center.

Practice Note: A child may be found in need of care and parent's medical decisions overruled by the court pursuant to KSA 38-1513 without loss of parental custody.

2300 Determining Safety of the Child(ren)

2310 Safety Determination at Initial Contact

When a report alleging abuse or neglect has been assigned for investigation/assessment, the safety of the child who is the subject of the report must be determined within the response time established on the form CFS 1002, Response Determination.

The SRS social worker shall determine safety of the child(ren) who is the subject of the assigned report. Determining the safety of the child requires a face to face contact with the child by an SRS social worker or authorized collateral, i.e., child protective service special investigator, law enforcement officer or professional contractor staff assigned case responsibility, who shall provide information to the SRS social worker who shall consider the information to determine the safety of the child.

Practice Note: Determining the immediate safety of the child is the first step in assessing the safety of a child. The completion of a Safety Assessment is to address the decision of whether or not the child can safely remain home or be returned home prior to an adjudication. (See PPM section 2400) In some assessments involving allegations of incidents occurring in foster homes or other placement facilities, it is preferable to refrain from using contractor staff as a collateral authorized to determine safety of a child if there is a conflict of interest or the appearance of conflict of interest by using contractor staff. Decisions to utilize contractor staff as an authorized collateral in a particular assessment should take into account the circumstances surrounding the allegations, and the relationship of the contractor staff to the child, family, and the alleged perpetrator in the assigned report.

2311 Documenting Safety Determination

The basis for the determination of safety shall be documented on the CFS 2030 A, Agency Response for reports that involve intra familial allegations, or the CFS 1004 for reports involving allegations of non-family/unregulated care giver as perpetrators or incidents in a facility.

2312 Reasonable Efforts to Determine Safety

SRS shall make a reasonable effort to determine the safety of a child.

Face to face contact with the child must be made in order to determine the child’s safety. Telephone or letter contact is not sufficient. If information from an authorized collateral is used to ascertain safety, face to face contact must be made by the collateral. Reasonable effort is made if the worker attempted to contact the child in a location where it is reasonable to expect the child to be found. If the child is located, face to face contact must be made within the response time set. Two attempts must be made to satisfy the reasonable effort requirement. Either (1) two attempts within the response time set, OR (2) at least one attempt within the response time set and a second attempt by the close of business the next working day for a "same day" response time, or within 72 hours, excluding week-ends and state holidays, of the initial attempt on a 72 hour response time. If it is determined the child is not available due to allowable reasons, only one attempt is required.

Allowable reasons for not determining the safety of a child within the response time include:

• Cannot locate the child despite reasonable efforts

• Family left the state

• SRS has been directed not to proceed by county/district attorney or law enforcement

• Family refuses to cooperate

• Appointments were scheduled but the person(s) failed to keep the appointment

• Act of God (weather, road conditions)

• Parents refused access to the child

• Child(ren) out of state - i.e. visiting relatives

• Child is currently hospitalized and and hospital personnel verified the child will not be dismissed prior to face to face visit being arranged.

• When the safety and best interest of a child requires an exception from the CFS program administrator to a response time and not solely for the convenience of the agency or another entity.

Practice Note: Examples of exceptions based on the safety and best interest of a child to response times:

• Time is needed to plan for and execute a joint investigation with law enforcement so it will not place a child in greater jeopardy from a suspected perpetrator.

• A multiple victim report is received regarding a day care center and SRS, law enforcement and KDHE require time to coordinate the investigation to prevent investigation errors, loss of evidence or repeat interviews with victims.

If unable to determine the safety of the child within the response time set, include the reason the contact was not made and the attempts to locate the child (date and results). Attempts to contact the child and determine safety are documented on form CFS 2030 A, Section I: (E), Agency Response. Exceptions to timelines or allowable reasons shall also be documented on the CFS 2030A, Section I (E).

Practice Note: Allowable reasons apply only to whether a Time line requirement can be met. If the person to be interviewed can be located or made available, the investigation and/or protective action should be carried out. [Example: The parents missed a scheduled appointment causing the face to face contact to be delayed but the investigation will continue.]

SRS should honor a request from a law enforcement agency not to take an action which would interfere with a criminal investigation. Such request, however, does not relieve SRS or the law enforcement agency of the responsibility to determine the safety of a child reported as possibly abused or neglected. If the timing of the investigations cannot be resolved, the county or district attorney should be contacted.

2320 Other Children Under the Same Care

When there are reasonable grounds to believe abuse or neglect exists, immediate steps shall be taken to protect the health and welfare of the child as well as that of any other child under the same care. K.S.A. 38-2230

When, during the course of an investigation/assessment of a report, there is reason to believe that other children under the same care are victims of the assigned allegations in that report, this is to be added to the current investigation and does not require a new report.

2400 Safety Assessment

A safety assessment is a structured method of evaluating potential danger to a child. The assessment tool is designed to determine whether imminent danger exists for a child. It is used when considering whether a child should return home from protective custody as well as to determine whether the child may safely remain in the home. The Safety Assessment documents consideration of safety factors, immediate medical concerns, protective action, and the safety decision. The Safety Assessment is completed by an SRS social worker and may be used at any major decision point in a case.

2410 When a Safety Assessment is Required

A Safety Assessment shall be completed for all cases assigned for investigation/assessment of abuse/neglect which require a Family Based Assessment. A safety assessment may be completed at any major decision point in a case.

The Safety Assessment is a required part of the family based assessment for all abuse/neglect cases.

2420