DOCUMENT RESUME ED 438 079 PS 028 281 Epstein, Heitzi AUTHOR A Child Advocate's Guide to State Child Protective Services TITLE Reform. Issue Brief. National Association of Child Advocates, Washington, DC. INSTITUTION Edna McConnell Clark Foundation, New York, NY. SPONS AGENCY 1999-00-00 'PUB DATE NOTE 9p. National Association of Child Advocates, 1522 K St., N.W., AVAILABLE FROM Suite 600, Washington, DC 20005-1202 (Free for small quantities, nominal charge for bulk orders). Tel: 202-289-0777, ext. 200. For full text: http://www.childadvocacy.org/publicat.html. Opinion Papers (120) Reports Descriptive (141) PUB TYPE MF01/PC01 Plus Postage. EDRS PRICE Change Strategies; Child Abuse; Child Neglect; *Child DESCRIPTORS Welfare; Criticism; Family Problems; Models; *State Action Child Protection; *Child Protective Services; Paradigm IDENTIFIERS Shifts; *Reform Efforts ABSTRACT This issue brief from the National Association of Child Advocates provides background on traditional child protective services (CPS) systems, including weaknesses of the traditional CPS model, and describes the underlying philosophy and practical application of the CPS reform models that are being implemented in a number of states. Key elements of CPS reform (1) multi-tiered response; (2) family assessment; systems are: (3) community-based case workers; (4) changing role of the central child abuse registry; and (5) community collaboration. The brief also analyzes the differences between various state reform initiatives and illustrates some of the challenges experienced by these first efforts. Initiatives in Jacksonville, Floidda; St. Louis, Missouri; Cedar Rapids, Iowa; and Louisville, Kentucky are described. Drawing on these lessons, the brief offers an "Advocate's Checklist for Implementation of Child Protective Services Reform," which provides a framework for advocates to use to participate in designing a CPS reform initiative that will best fit the resources, needs, and political realities of their individual communities. The philosophy behind CPS reform efforts offers a promising response to the deficits in traditional CPS practice, because it is shaped by the premise that CPS must service families both when they are at risk for neglect and abuse, and after neglect and abuse have already occurred. (EV) Reproductions supplied by EDRS are the best that can be made from the original document. National Association of Child_ Advocates U.S. DEPARTMENT OF EDUCATION Office of Educational Research one tr-vosement EDUCATIONAL RESOURCES INFORMATION ) CENTER (ERIC) (1. This document has been reproduced as eceived from the person or organization N Winter 1999 originating it. O Minor changes have been made to 00 improve reproduction quality. A Child Advocate's Guide to Points of view or opinions stated in this document do not necessarily represent official OERI poSition or policy. State Child Protective Services Reform Heitzi Epstein. NACA Child Welfare Project Director PERMISSION TO REPRODUCE AND DISSEMINATE THIS MATERIAL HAS BEEN GRANTED BY t__%kS SgifiAre\ VXS hild advocates have witnessed the growing crisis in A TO THE EDUCATIONAL RESOURCES child protection as the number of children and fam- INFORMATION CENTER (ERIC) Introduction 1 ilies involved in child welfare systems has grown out of ulnerable children in this country are being harmed at an alarming rate. In 1996, over three million children proportion to the services available for this population. were reported to have been abused or neglected. Nearly one million of these children were confirmed to be vic- State child welfare agencies, armed with too few tims of maltreatment.' An estimated 1,077 children died in 1996 as a result of abuse and neglect: that averages to resources and outdated approaches, have openly approximately three children per day. Between 1987 and 1996, reports of child abuse and neglect increased forty-five percent.' acknowledged the need for systemic reform. A reform This increase in need has not been matched by a commensu- agenda is emerging, and with it an opportunity for rate increase in child protection staff or resources. Consequently, child protection systems (CPS) have only been able to serve a child advocates to help shape a new model for child dwindling percentage of the children and families that have come to their attention. For example, while state child protec- protection in their states and communities. This issue tion agencies across the country investigated fifty-one percent of the reports of suspected abuse/neglect in 1986, by 1996 brief provides background on traditional child protec- only thirty-three percent of such reports were investigated.' A tive systems, describes child protection reform efforts in recent analysis of child welfare caseload dynamics found a dra- matic decrease in the number of children receiving child wel- states around the country, and raises questions for child fare services between 1977 and 1994.' According to the 1997 Annual Fifty State Survey conducted by the Center on Child advocates to consider as they move child protective serv- Abuse Prevention (CCAP), an estimated 316,200 confirmed ices reform forward in their own states. cases of child abuse or neglect received no services whatsoev- ?,,,,,fr in 1997.6 X AN AVERAGE OF THREE CHILDREN A DAY DIE AS A RESULT OF cent funding, a number of characteristics of the traditional child pro- CHILD ABUSEAND NEGLECT' tective system contribute to its ineffectiveness. Among these are the following: (a) the response to reports of abuse/neglect is limited to The failure of state systems to adequately protect children is also investigation of the specific incident reported; (b) the agency has only reflected in the number of children known by their state agency one type of response available to widely varying situations; (c) the to be at risk who, nonetheless, die as a result of abuse or neglect, one available response places the family in an adversarial relationship . and in the number of states operating their CPS systems under with the social service agency responsible for providing support; and court order or consent decree. The reason for this failure is clear- (d) services are only made available to families for whom allegations ly linked to the paucity of resources appropriated for staff, train- of abuse/neglect have been confirmed, and only after what can be a , .,?ting, and services to children and families. In addition to insuffi- lengthy investigatory period. 1 BEST COPY AVAI LABLE 2 0 0 0 0 0 S A number of weaknesses have been identified in the conventional CPS model as it has been implemented over the past fifteen years. Among them are the following: Orientation - The focus of a CPS investigation is a family's weakness- Inclusion - Many families who come to the CPS agency's atten- . Over tion don't belong there and could be helped by less formal family es, with no regard for family strengths. Treatment plans are prepared by cps and imposed by courts with little or no input from families. supports. , This leaves families feeling patronized and devalued, can rob the planning process of important information, and misses an opportu- Under Inclusion - Some families who are appropriately referred to nity to invest participants in the plan's success. CPS are turned away because their situations don't fall within the strict statutory definitions of abuse or neglect, or because case Fragmentation of Services Many of the families served by the CPS workers are too overburdened with high caseloads to look at each system are also receiving services from other state and local agencies Case in sufficient depth. Some families who should be referred to (e.g., health, mental health, housing, income supports). Families are CPS are not because potential reporters have lost confidence that caught in a maze of agencies whose caseworkers have little or no reporting will result in an improved outcome for the child or the communication, and whose services are not coordinated to provide family. the families with a full array of needed supports. Bureaucratic Rigidity - The range of interventions available to CPS Worker Turnover - Front-line CPS caseworkers carry heavy case- workers is too limited to effectively respond to the needs of many of loads, do not receive adequate training or compensation, and often the involved families. The investigatory approach, narrowly focused operate in a hostile work environment. Over seventy percent of the on the alleged incident, leaves no room to address underlying causes child welfare agencies responding to a 1997 survey conducted by of the maltreatment that may become apparent during the casework - the AFL-CIO reported that front-line workers in their agencies have interaction with the family (e.g., unemployment, drug or alcohol A. been victims of violence or encountered threats of violence in the abuse, housing problems). The system has evolved in a way that line of duty." Caseworkers are underpaid relative to the skill level emphasizes following proCedure and filling out forms rather than and work hours demanded of them. Consequently, most CPS agen- achieving positive outcomes for vulnerable children and families. cies have extremely high worker turnover, which results in a work- . - force with little experience and causes additional disruption for chil- Isolation of CPS Agency Protecting children is seen as the exclusive dren and families being served. responsibility of the CPS agency. Community based organizations and individuals that have frequent contact with families are not Lack of Resources - Because the increase in child abuse and neglect involved in planning or implementing strategies that can support reports has not been met with the necessary increase in resources, families and prevent abuse. CPS workers are typically housed in most CPS agencies are able to investigate a dwindling percentage of centralized government office buildings located outside of residen- reports of abuse and neglect, and only have resources to provide tial neighborhoods, and are often unfamiliar with local conditions intervention for a decreasing percentage of those reports that have and resources such as neighborhood-based organizations, extended been substantiated. "family, and other informal supports. Beginning in the mid-nineties, a number the focus of intervention is on the networks of family, friends, neighbor- of states began experimenting with a new whole family hoods and faith communities are approach to child protection designed to enlisted to help protect children and different responses are available for address some of these negative character- support troubled families different levels of risk to the child istics. These reform efforts have, in large ts outcomes of interventions are evaluated the focus of the response is the fami- part, been implemented in small-scale ly's overall situation, rather than solely Most of the CPS reform pilots have been pilot projects in a number of states across the incident reported in place for fewer than four years. The the country. As a growing number of com- first full, independent evaluation of any is munities have struggled to improve their troubled families are provided with expected in the year 2000.' As lessons are child protection systems, a reform agenda support services even in the absence gleaned from these pilots, child advocates has begun to develop with the following of a finding of abuse/neglect have an opportunity to assess the benefits shared characteristics: 3 2 National Association of Child Advocates OOOOOOOOOOOO 0000000000000000000000 00 0 00 0000 00 0 0 0 00 00 0 000 00 00, OOOOOOOO 000000000000000 0 Following an investigation, a report is occurs. The twin goals of these reform and risks suggested by the new approach- classified as "substantiated" or "unsub- efforts are to create a child protection es. Through such a review, child advocates stantiated"." Substantiated reports are system which: (1) has the capacity to can move the process of reform forward respond to incidents of actual abuse/neg- entered on the state's central child abuse more effectively, avoid unintended nega- lect by protecting the child (through registry, where the information may be tive consequences of reform efforts, and accessed both for purposes internal to removal from the home where neces- tailor CPS reform in their states in light of sary); and (2) also has the capacity to CPS (such as gathering information in research findings and the resources and subsequent investigations), and by other provide services to support families who needs of their communities. are at risk so that their children can safe- state agencies to screen applicants for ly remain at home. licenses or jobs that involve contact with children. Unsubstantiated reports may, Traditional CPS Multi-Tiered Response Some CPS depending upon the state, remain in the Child protective services is the "front reform initiatives have instituted a sys- records of the state agency for use in door" through which children and fami- tem with two formal responses ("tiers"), subsequent investigations, or may be lies at risk come to the attention of the others have adopted three "tiers," still expunged. No follow-up or services are state social services system. State laws others have one response capable of flex- provided to children or families of define what actions constitute child ibility depending upon the situation pre- unsubstantiated reports. abuse and neglect and specify certain sented by the family in question. professionals as required ("mandated") The State agency then decides which In a multi-tiered response system, as to report suspected child abuse or neg- substantiated cases to bring to family reports of abuse or neglect are received, lect to the state's designated agency. court for a judicial determination of they are evaluated and referred to the Mandated reporters are generally profes- abuse or neglect. For cases in which the appropriate response: high-end cases sionals in the fields of social work, medi- court finds that abuse or neglect has (sexual abuse, severe physical abuse and cine, law enforcement, education, and occurred, the state agency recommends a neglect) continue to receive the tradition- childcare. State laws prescribe the state service plan, which may include services al investigation; mid-level cases receive a CPS agency's functions and define the for the child and/or family. Due to the family assessment and referral to services relationship between CPS and law overload of cases on the system, service through CPS; and low-end cases (failure enforcement. plans are not developed for a large per- to supervise, educational neglect) receive centage of cases.'" An understanding of the structure of the a family assessment and referral to com- "traditional" or "investigatory" model for munity-based services. In most multi- delivery of CPS services is helpful to tiered systems there is a procedure for Elements of CPS Reform appreciate the innovative aspects of the switching a case from one tier to another Underlying the systemic problems of the new approaches. Under the traditional if parental behavior or new information traditional CPS system is the severe lack model, the state CPS agency receives makes that appropriate. of resources to serve the growing child reports of alleged child maltreatment. Reports that fall within the state's defini- welfare population. The systemic reforms Family Assessment - The key component tion of child abuse or neglect are referred described below assume an increase in for all of these reform efforts has been the introduction of the family assessment, a investment in services and supports for for investigation. If a report involves these vulnerable children and families flexible response to reports of neglect and criminal activity (such as sexual abuse) abuse that is designed to allow CPS to both by state systems and by communi- the appropriate law enforcement agency is notified and may, depending upon the individualize its approach to each child ty-based organizations. and family situation and to provide appro- state, participate in the child protective Only a handful of states have undertaken. priate supports for all vulnerable families. investigation, or may take over the entire CPS reform initiatives: Arizona, Florida, While in a traditional CPS investigation investigation. The CPS investigator sees Hawaii, Iowa, Kentucky, Missouri, the case worker serves the semi-prosecu- the child, may interview family members Nevada, North Dakota, Texas, and and others who have information about torial role of obtaining facts necessary to Virginia. The CPS reform initiatives that support a legal finding of abuse or neg- the alleged abuse/neglect, and makes a have been implemented since the mid- risk assessment of the child's safety in lect, in an assessment the role of the case 1990s are designed with the recognition workerris to determine whether, given the the home. Where the CPS caseworker that the first contact with the child wel- judges a child to be in substantial risk of strengths and needs of the family, services fare system can be an opportunity to can be provided to allow the child to safe- imminent harm', the caseworker identify families whO are at risk of ly remain in- the home. arranges for an emergency removal of the abuse/neglect before maltreatment child from the home. 0000000000006000000000000000000000000000000000000000000000000000000000006001 Under the family assessment model, the pilots, Missouri and Virginia do not classi- I. Jacksonville, Florida family is eligible for supportive services fy cases that are referred for assessment The child protection initiative in when the assessment is initiated, and the and do not enter those cases on their cen- Jacksonville, Florida is structured to pro- tral registries, but have retained the tradi- family plays an integral role in deciding vide children at risk of abuse or neglect in tional role of the registry for cases what kind of services they should receive. the five participating neighborhoods with A family assessment does not culminate referred for investigation. Florida eliminat- medical and social services at Full Service ed any classification of abuse reports as in any formal finding. Assessment cases Schools. The major components to the founded or unfounded and no longer are generally not recorded on the central initiative include: child abuse registry, and the information uses the registry for background checks. Integrated Service Teams Workers gathered by CPS is not used by employers (By doing so, Florida has removed the 1 from CPS, public health, family sup- incentive for subjects of reports to seek to screen applicants for child-related jobs. port, juvenile justice and income sup- expungement, thereby preserving infor- port services are co-trained to link States have implemented the family mation that might be valuable internally families with services. assessment in their CPS reform efforts in to CPS in any subsequent child abuse or a number of different ways. Missouri and neglect investigation.) 2 First Call - Calls received by the state Virginia have instituted a multi-tiered central child abuse hot line that do response system in which the family Community Collaboration A strategy not meet the criteria for investigation assessment comprises the middle tier and shared by all of the CPS reform initiatives are transferred to First Call, a line is used for reports involving moderate, is to involve community organizations, which channels referrals to a Full neighbors, extended family members, first-time, non-criminal physical and emo- Service School liaison. Outreach work- tional maltreatment and educational neg- friends, hospitals, schools, churches, ers stationed at the Full Service neighborhood organizations, and mental lect. In North Dakota, the CPS agency is Schools contact the families to link limited to the assessment response, and health providers in protecting children them with appropriate services and from abuse and neglect. The collaborative more serious cases of child abuse and supports within the community. efforts of a given community depend neglect are referred to law enforcement for 3 Community Support Agreement upon the unique needs and resources of prosecution.' In Iowa, the CPS agency Community volunteers (ministers, combines approaches, responding to that community. friends, neighbors, and extended fami- reports with an assessment that includes ly members) commit to helping fami- a fact-finding component." lies who have been referred to the CPS Community Collaboration agency. The state agency then closes Community-Based - CPS reforms have In Community Partnerships the case but is available to consult with included the physical placement of CPS the community volunteers. for Protecting Children Sites case-workers within communities. This proximity serves both to make the case 4 Community Public Education and A number of good examples of collabora- workers more accessible, and to give them Awareness - The initiative provides tive efforts that have been undertaken child safety education to community access to information about family and between CPS agencies and communities residents at community forums, fairs, other informal supports for the children are presented in the four sites of the Edna and other events. Training is provided and families that they are serving. Placing McConnell Clark Foundation's to child care workers and teachers to CPS staff in communities requires a Community Partnerships for Protecting identify abuse and neglect and to refer decentralization of CPS functions. Children initiative." The goal for the four families to neighborhood resources. sites was not to develop a single model Role of Central Child Abuse Registry - for collaboration, but, rather, to allow States have chosen different approaches II. St. Louis, Missouri each site to develop community partner- to the role of the central child abuse reg- ships with its public agency using Missouri implemented a three-tiered CPS istry in their CPS reform initiatives. resources and strategies most likely to response system in a pilot project in four- Central registries were established to facil- provide a full array of services for vulnera- teen counties and parts of St. Louis. Like itate in monitoring reports of suspicious ble neighborhood children and families. Jacksonville, the St. Louis site is using injuries to determine whether there was a The Clark Foundation made the commit- schools as focal points for community col- pattern of parental abuse or neglect. ment to provide additional resources as laboration. Child protection activities Information from the registry has also seed money to encourage the develop- planned for this site include the following: been used to screen applicants for ment of community resources as a critical employment or licenses in child-related 1 Changes to CPS Practice CPS workers component of the initiative. professions. Within their CPS reform are stationed at school-based Family 5 4 National Association of Child Advocates Centers and non-profit agencies to Support Centers to handle cases from grate health, mental health, education and assist families with a range of issues the neighborhood. They also work out human services in six neighborhood sites. (parenting, child development, health, of child care centers to conduct assess- There are four components to the ments of children who attend the cen- and employment). Neighborhood Places: ters and who have been reported as 3 Community Patches - Teams of staff 1 Natural Helpers - Extended family, victims of abuse or neglect. with expertise in CPS, housing, health, friends and neighbors commit to pro- income maintenance, and family sup- 2 Family Support Centers - Family viding respite care and to visiting with port work in small neighborhood Support Centers based in neighbor- CPS-involved families. hood schools provide services and offices serving "patches" of the com- 2 Neighborhood Partners - Leaders from munity. These teams also coordinate activities for families (youth programs, the community are identified by the parent support groups, respite child- services for at-risk CPS-involved fami- initiative to supervise the support lies in their neighborhoods. care, family counseling and housing work of the Natural Helpers. assistance). Community and family 4 Neighborhood Partners support specialists develop intake Neighborhood residents are recruited, 3 Community Resource Teams - Where a processes, supervise community out- report is received by the Kentucky trained, and given small stipends to reach workers and assist CPS in divert- Abuse Hotline that does not meet the organize community gatherings, con- ing families from formal involvement criteria for child abuse or neglect, the nect families with one another, and with CPS. Computerized information caller is referred to the Community refer families to formal services. systems index family supports in adja- Resource Team. A team member visits 5 Domestic Violence All CPS assess- cent neighborhoods so that families the family about whom the report was ments screen for domestic violence, can be referred. made, assesses family needs and refers refer victims to shelters and other serv- the family to appropriate resources 3 Birth/Prenatal to Five Project Local ices, and develop safety plans for chil- (parenting education, mediation, men- hospitals screen new mothers and dren living with domestic violence. tal health and drug/alcohol treatment, refer high-risk cases to staff at Family or natural helpers). Community Support Centers for follow-up home IV. Louisville, Kentucky Resource Teams are made up of CPS visits and provision of ongoing sup- Kentucky has not undertaken legislative and other agency workers and trained port. New mothers are also linked CPS reform, and has not implemented a family support volunteers. A Team with "Block Moms," who are available multi-tiered response system. Its reform may receive direct calls from families for advice and mentoring. efforts are focussed on one-stop service and community agencies as well as 4 K to Fifth Project - School-based parent centers ("Neighborhood Places") that inte- diverted CPS reports. liaisons contact families of absentee children and connect school social workers with CPS workers based at "TraditionaLSystem: Newtp.P.SpproaCli: Family Support Centers. III. Cedar Rapids, Iowa Focus is family's needs and strengths. Focus is on allegations of abuse/neglect. Iowa chose not to implement a multi- tiered response system but, rather, to Emphasis on gathering evidence to Caseworker assesses family for risks, institute a single response with elements prosecute child abuse case. strengths, and service needs. of both family assessment and investiga- tion. The focus of the Cedar Rapids, Iowa Relationship of caseworker and family Relationship of caseworker and family initiative is the installation of Family should be cooperative. is adversarial. Resource Centers (FRC) in three dis- tressed neighborhoods. There are five Cases classified as "substantiated.' on Cases not classified or placed on components to the initiative: central registry. central registry. 1 CPS Assessors - CPS workers conduct Services provided only to substantiated Services are voluntary assessments of neighborhood families (not ordered by court). child abuse/neglect cases. believed to be at risk of abuse or neg- lect in Family Resource Centers. Provision of services both to families with No provision of services to families at history of abuse/neglect and to support risk of child abuse/ neglect where report 2 Family Support Workers These work- at-risk families. .iumsubstantimed. ers are based at Family Resource . 5 role of law enforcement to that of lead local outcomes, and attracting and 4 Child Protection Coordinator A mem- investigator for all high-end child protec- retaining families to serve on local advi- ber of the Community Resource Team tion cases, thereby freeing the CPS work- sory boards. is responsible for conducting family er to conduct assessments. Other states assessments, developing case plans, and The major findings of the 1997 evaluation have separated those caseworkers who follow-up on families referred to the of Missouri's Child Protection Services perform assessments into a separate divi- Team until the families' goals are met. Family Assessment and Response sion of the CPS agency from those con- Demonstration' included that: the safety ducting investigations, and have placed of children was not jeopardized; in the assessment workers in local community Evaluating CPS less serious neglect and abuse cases the offices while leaving investigators in cen- Reform Initiatives safety of children was improved; although tralized offices. hotline reports declined in pilot areas, the Measuring success in the field of child Another challenge that has been experi- percentage of reported incidents in which protection is uniquely challenging. Since enced by jurisdictions initiating CPS child welfare workers provided some states have different criteria for a finding reforms is reluctance by different state assistance to families increased; recidi- of abuse or neglect, and they use differ- agencies to work cooperatively due to vism decreased overall; workers, families, ent methods for reporting their data, it is concern over turf and control. For many and community representatives preferred next to impossible to compare systems state agencies, collaboration is a recent the family assessment approach. The eval- across states. The changed environment and unfamiliar trend and may require uation also concluded that the impact of in which vulnerable families live during facilitation by an independent state enti- the demonstration was limited because of this time of welfare reform (with reduced ty, or may require development of a sys- large caseloads and insufficient resources. access to cash assistance, Medicaid, food tem of conflict resolution by an inde- stamps, etc.) presents an additional chal- In a preliMinary review of Iowa's CPS pendent state entity. lenge to meaningful comparison of per- reform legislation, the Center for the formance by traditional CPS versus As we have seen in the evaluations, some Study of Social Policy found that there multi-tiered CPS systems. Although the jurisdictions have had difficulty connect- was substantial confusion around the new systems have been in place a rela- ing with community organizations to requirements of the assessment legisla- tively short time, a few of the reform ini- take on provision of prevention and sup- tion, which they attributed to insufficient tiatives have undergone evaluations. port services. Some neighborhoods may involvement of stakeholders in planning not have such organizations in place, for the legislation." An evaluation of the family services some may have under-funded organiza- response system (FSRS) in Florida in tions, some neighborhood organizations 1996" found generally that FSRS has may be reluctant to take responsibility Challenges Experienced by not compromised child safety, has led to for CPS cases due to concerns about positive outcomes for children and fami- Early CPS Reform Efforts potential liability. To facilitate collabora- lies and is generally supported by case- tion between the state agency and com- Some of the states that have introduced workers, administrators and community munity groups, all stakeholders must be the assessment model have found that it stakeholders. The evaluation concluded involved in the development of the is difficult to achieve the necessary trust that stakeholder satisfaction with FSRS reform initiative from the outset. between families and the CPS agency and the level of family support provided worker where caseworkers from the by the new system depended upon the A critical factor in the success of a multi- same agency conduct both assessments degree of program implementation. tiered response system to CPS reports is and traditional investigations. Those districts with a high level of imple- adequate funding. As the Missouri evalu- Understandably, the family may be reluc- mentation had a variety of entry points ation report stated, the impact of CPS tant to share their areas of need if they into services for families seeking help. reform is undermined if caseloads believe that such a revelation may be Services, including prevention and early remain too high and there are inade- used to transfer their case into a full- intervention, were offered by schools, quate services to meet the needs of the blown investigations which could result United Way agencies, the Salvation population being served. The assessment in removal of their children. Army, and others. Low implementing approach relies upon the ability of case districts had made little progress in con- workers to give each case individual A number of different accommodations necting with community agencies. attention, and to have appropriate sup- have been made to alleviate these ten- Challenges for all of the districts includ- port services for families. sions. Some states have redefined the ed developing mechanisms to evaluate 7 6 Advocate's Checklist or Implementation of Child Protective Services Reform Should your state implement a Should responsibility for investiga- Should your CPS reform protocol tions be shifted to law enforcement, flexible response system to reports Include regular reviews of case or to a separate unit within CPS? of child abuse and neglect? screening to evaluate whether cases are being referred to the appropriate Consideration: Considerations: tier? Should there be external oversight The relationship of trust between a family a Is your state ready to make a commitment a of that review? (E.g., by a legislative and the caseworker necessary for a suc- to finance the changes required for suc- committee, a panel of experts, etc.) cessful family assessment is difficult to cessful implementation of a flexible achieve in light of CPS' traditional role of response system? (E.g., retraining casework- What resources should be made removing children and providing evi- ers to perform assessments, relocating CPS available to children and families dence against families in child abuse pro- staff within communities, adding staff to within each tier? What system ceedings. Separating the professionals reduce caseload size, fully funding a continu- should be put in place to determine responsible for investigations and those um of family support services, coordinating whether available resources are responsible for assessments, having them with community-based organizations, chang- adequate? dress differently and have offices in differ- ing the use of the central child abuse registry.) ent locations, may, to some degree, allevi- b What would it take to move your state to What is the best mechanism to pro- ate this tension. (Note: this separation is make this kind of change? (Information vide for financial support (state, somewhat misleading, since caseworkers con- local, foundation, and private) for about the cost of implementation? ducting assessments are still mandated development of additional communi- Information about the outcomes reached by reporters and could still provide evidence at ty-based services and supports nec- CPS reforms in other states? A court finding a removal or termination proceeding.) essary to serve this population? that your state's CPS system is operating in violation of law? New leadership at the How should your state structure coor- What criteria should be used to gubernatorial or state legislative level?) dination of services between the vari- screen cases into the different response categories? ous state and local agencies and the Would it be better for your state to community-based organizations that implement a flexible response system Considerations: will form the network of services and in pilots or statewide? The criteria used to screen cases into the a supports for these children and fami- different categories must clearly differenti- lies? Considerations: ate among the types of cases that should Is your state better positioned to make a be referred to each tier. What agency or organization will this kind of change in a few jurisdictions serve as a hub of information on b Training of caseworkers to differentiate first, either because reform has limited where and how a given service can among cases that tall into each of the cate- political support or because of resource be accessed, and on those areas of gories must be thorough, should be considerations? need for which no services (or inade- repeated periodically throughout a case- b Is there political momentum in your state quate services) exist? worker's employment, and should include for state-wide change that might not exist an on-the-job component in which experi- in the future (e.g., leadership at your state What is the best mechanism for enced and new case workers are paired for periodic or ongoing data collection agency or in your state legislature commit- a period of time. to determine whether there are ted to CPS reform, a foundation interested adequate services (either through a in financing reform efforts)? state agency or a community-based What, if any, changes should be made in your state's central child organization) available to serve this Should CPS reform efforts in your abuse registry? population? state move through legislation, regulation, or agency practice? Options: What mechanism should be used to Should investigations of serious child a Considerations: evaluate outcomes for children and abuse/neglect and sexual abuse still be families who have undergone a fami- Where are you more likely to find the sup- a classified and entered on the registry? ly assessment and prevision of serv- port necessary CO make reform a success? ices through this new referral Should they be available for background b b Do you need legislation to finance method? Who should be involved In checks? implementation? that evaluation? Who should be Should assessment records be available c briefed on this information (e.g., for internal CPS purposes? advocates, the press, state legisla- What kind of flexible response If so, should they be kept indefinitely, or ture, HHS, etc.)? system should your state adopt? for a specified period of time? Options: d if multiple assessments indicate signifi- Single-tiered response with aspects of a cant risk of abuse/neglect by an adult, both investigation and assessment? should a new category be developed to b make that information available in a back- Two-tiered system with investigation of ground check? serious cases and assessment of all others? c e If such records are available for extra-CPS Three-tiered system with investigation of use, what provision should be made for serious cases, assessment and provision appeal and expungement? of services through state agency of middle e. level cases, and assessment and referral to community services for lowest-risk cases? AVAHABLE BEST COPY The Child Advocate's Role In CPS Reform Endnotes U.S. Department of Health and Human Services, Children's Bureau, As these early CPS reform initiatives are evaluated, and models and Child Maltreatment 1996: Reports from the States to the National Child Abuse and tools are developed,-child advocates have an opportunity to shape Neglea Data System (Washington, DC: U.S. Government Printing Office, 1998), p. xi. Ibid. CPS reform efforts in their states in a coherent way. The Advocate's 2 3 Children's Defense Fund, The State of Anterica's Children 1997, P. 65: Checklist for Implementation of Child Protective Services Reform provides 4 U.S. Department of Health and Human Services, Children's Bureau, Executive a framework for designing a CPS reform initiative that will best fit the Summary of the Third National Incidence Study of Child Abuse and Neglect, September 1996, p.16. resources, needs, and political situations faced by each community. The number of children whq received services at heimedeclittedirom 1,244,400 in 5 1977. to 497,100 in 1994, although comparable numbers of children were in foiter The challenges experienced by the first CPS reform efforts suggest care placement in both years. Current Vends in Child Abuse Reporting and Fatalities: The Results of the 1997 Annual Fifty State Survey, The Center on Child Abuse Prevention that, to be effective, child advocates must first become well-informed Research. a program of The National Committee to Prevent Child Abuse (April 19971. as to both the needs and the existing resources of their communities. 6 Ibid.. The Edna McConnell Clark Foundation expects to receive a full evaluation of its four 7 Where community-based organizations are inadequately funded or Community Partnerships for the Protection of Children sites in early 2000. lack leadership that is capable or willing to provide services and sup- 8 The precise standard varies from state to state. ports to families at risk of abuse or neglect, creating a system of refer- Some states use the terms "indicated" or -founded". 9 Whereas 1.244,400 children received in-home services in the United States in 1977. 10 rals to community-based services will be ineffective and potentially only 497,100 children were provided such services in 1994. Current Trends. Pursuant to harmful to children and families. A CPS reform agenda can be struc- the Adoption and Safe Families Act, Public Law 105-89, Section 475(1) of the Social Security Act (42 U.S.C675 (1)) (ASFA), state agencies are now required to prepare a tured in stages that provide first for development of necessary sup- detailed permanency plan for all foster children who the agency does not anticipate ports and services and, after an evaluation confirms their adequacy, reunifying with their families of origin. subsequent creation of a process for referral of children and families. Double Jeopardy, Caseworkers at Risk Helping Kids at Rish: A Report on the Working 11 Conditions Facing Child Welfare Workers, American Federation of State, County and Municipal Employees, AFL-C10, 1998, p.5. Child advocates can also play a key role with regard to two of the While Florida is technically a "dual-track" state, regional CPS districts may contract 12 with local sheriffs and police to take over all investigations of criminal child abuse other areas in 'which early reform efforts encountered challenges, cases. namely inclusion of all stakeholders in the development of a reform For a more detailed description of state implementation of CPS reform initiatives. see 13 agenda, and collaboration by all entities providing services to the Christian. Stephen M., New Directions for Child Protective Services: Supporting Children. Families and Communities Through Legislative Reform (Denver. National Conference of same family or child. Child advocates are uniquely well positioned State Legislatures, 1997). to facilitate a partnership of all stakeholders in the development of a For more information on the Edna McConnell Clark Foundation's Community 14 Partnerships for Protecting Children initiative, contact Myra Rosenbaum, Program CPS reform agenda. They have traditionally worked with children Associate, Program for Children, Edna McConnell Clark Foundation, 250 Park and families, with legislatures and with state agencies. They are Avenue, New York, NY 10177; 212-551-9100; e-mail: MRosenbaum @emcf.org. aware of all of the players, and have the relationships to bring all of Mario Hernandez and Beth Barrett, Evaluation of Florida's Family Services Response 15 System (Tampa: Florida Mental Health Institute, 1996). these parties to the table. They also have the skills to promote col- Gary L Siegel, Ph.D. and L Anthony Loman, Ph.D., Child Protection Services Family 16 laboration between the various public and private providers serving Assessment and Response Demonstration Impact Evaluation Final Report (St. Louis. Missouri Institute of Applied Research, 1997). at-risk children and families. The Center for the Study of Social Policy, A Review of the Impact of Iowa's Assessment 17 Legislation (SF 208 and SF 2399)( Washington, DC, CSSP, 1996). Conclusion The philosophy behind CPS reform efforts offers a promising response to the deficits in traditional CPS practice. These © 1999 by The National Association of Child Advocates reform efforts are shaped by the premise that CPS must serve Suggested citation style: Heitzi Epstein families both when they are at risk for neglect and abuse and A Child Advocate's Guide to State Child Protective Services Reform. after neglect and abuse have occurred, and that CPS must be Washington, DC: National Association of Child Advocates, 1999. equipped to respond to different family situations through dif- ferent remedies. This document was prepared with the generous support of the Edna McConnell Clark Foundation. However, the multi-tiered response to reports of child maltreat- The author would like to thank Sarah Knutson, Intern, ment can only be effective if each of the tiers is supported with for her research assistance. adequate resources. States must make a commitment not only to developing better child protection systems, but also to arm- Heitzi Epstein, NACA Child Welfare Project Director ing those systems with the resources necessary to strengthen families and keep children safe. Finally, to create a truly effec- NATIONAL ASSOCIATION OF CHILD ADVOCATES tive reform effort, states must ensure that all stakeholders are 1522 K St., NW Suite 600 a Washington, DC 20005 at the table from the outset, and that services and supports are 202-289-0777, Ext. 207 0 202-289-0776 (fax) coordinated across public and private service providers. 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