Investigation

4.2 Taking a Report or Referral

4.2.1 Purpose

In Illinois, reports of child abuse or neglect are received primarily at the SCR through its toll-free hotline number. The call floor worker (CFW) takes the report and determines if a child protection investigation is necessary. Also, the CFW determines whether there is an imminent threat to the child's safety, and documents the safety concerns as identified by the reporter. During this process, the CFW must determine the appropriate allegation(s) given the information and details of the report.

Finally, the CFW evaluates the information given by the reporter to determine if an investigation will commence or whether it meets the criteria for the Department's mandate to provide services. If neither category applies, the CFW provides most currently available information for community services.

Intake, then, is the point in which a report or referral is received from the community expressing a concern that a child is or may be maltreated. The goals of intake are to:

Identify families that may be in need of child protective services.
Validate information provided by a reporter as consistent with law and policy in respect to child maltreatment and risk of maltreatment.
Inform the public about child maltreatment in respect to who CPS can serve.
Determine the timing and kind of response indicated by the reporter information.

4.2.2 Child Abuse and Neglect Criteria

The call floor worker (CFW) must obtain the necessary information from the reporter to accurately determine if the call necessitates a report of child maltreatment. According to Procedures 300.40, every call accepted as a child abuse/neglect (CA/N) report must meet the following criteria:

The reporter must have reasonable cause to believe that a child has been abused or neglected; and
The alleged victim(s) must be less than 18 years of age; and
The alleged victim must either have been harmed or must be at substantial risk of physical injury; and
There must be a specific abusive or neglectful incident which falls within the description of an allegation which caused the harm to the child or a set of circumstances that lead a reasonable person to believe that a child is at risk of harm;
If the allegations presented were true, the situation would constitute abuse or neglect as defined in the Abused and Neglected Child Reporting Act (ANCRA) and as interpreted in the allegations definitions contained in rules 89 Ill. Adm. Code 300, Appendix B.
For abuse, the alleged perpetrator must be the child's parent, immediate family member, any individual who resides in the same home as the child, any person who is responsible for the child's welfare at the time of the incident (e.g., school teachers, day care staff,), or the paramour of the child's parent.
For neglect, the alleged perpetrator must be the child's parent or any other person who was responsible for the child at the time of the alleged neglect.

4.2.3 Assigning Allegations

By evaluating the information and details given by the reporter, the CFW must determine and assign the appropriate allegation(s) to the report of child abuse or neglect. The CFW must gather sufficient information and documentation to support their decision. Some allegations always constitute child abuse or neglect as defined by ANCRA and others do not. In cases where the allegation(s) is not automatically a report of abuse or neglect, the CFW must apply the "Factors to be Considered" (Allegation System, Procedures 300, Appendix B) to determine if the alleged harm is serious enough to constitute a report of alleged abuse or neglect.

4.2.4 Information Gathering

Child safety is paramount and is the focus throughout the entire intake process. The information gathered by the CFW from the reporter focuses on determining whether there is reasonable cause to believe that a child has been abused and/or neglected or is at imminent risk for abuse or neglect. Most importantly, the CFW determines whether the information reported indicates that a child is likely to be in immediate danger and requires an emergency response, and whether there may be other children in the home at risk for abuse or neglect. The CFW shall attempt to secure the following information from the reporter:

The reasons the reporter has reasonable cause to believe that the child has been abused or neglected and how or from whom the reporter acquired the information being reported;
The description of the incident of maltreatment, or risk of maltreatment, including the alleged perpetrator, the involved minors, the date, time, placeof the incidents and names of others who may have been present;
The physical harm to the involved children and an assessment of the children's present physical, medical, and environmental condition. This assessment should include information concerning any previous incidents of suspected abuse or neglect.
Family composition, including the name, age, sex, race, ethnicity, and address of the children named in the report and any other children in the environment;
Any knowledge the reporter has about the emotional, medical, and physical condition of the alleged perpetrator;
Any knowledge the reporter has about any potential danger to investigative staff;
Any knowledge the reporter has about the ability of the child, family or alleged perpetrator to communicate with the CPSW, e.g., non-English speaking, hearing impaired, etc. and what the preferred mode of communication with the subject is;
Unless the individual chose anonimity (the Department takes anonymous reports), the reporter's name, occupation and relationship to the children, actions taken by the reporter, where the reporter can be reached and other information the reporter believes will be of assistance;
The identity and location of possible witnesses to, or persons with knowledge of, the alleged abuse or neglect; and
Directions to any rural route, apartment or other addresses.
Any knowledge the reporter has about paramour involvement.

4.2.5 Assessment and Documentation of Safety Factors

Assessment of child safety begins with the CFW talking with and gathering information from the reporter. In addition to gathering the information mentioned above, the CFW should be listening for specific safety indicators as well. It is critical that the CFW be aware of the fifteen child safety factors that are listed on CERAP. They are:

Caretaker's behavior is violent and out of control.
Caretaker describes or acts toward children in predominantly negative terms or has extremely unrealistic expectations.
Caretaker caused moderate to severe harm or has made a plausible threat of moderate to severe harm to the child.
Child's whereabouts cannot be ascertained and/or there is reason to believe that the family is about to flee or refuse access to the child.
Caretaker has not, will not, or is unable to provide sufficient supervision to protect child from potentially moderate to severe harm.
Caretaker has not, or is unable to meet the child's medical care needs that may result in moderate to severe health care problems if left untreated.
Caretaker has previously or may have previously abused or neglected a child, and the severity of the maltreatment, or the caretaker's response to the prior incident, suggests that child safety may be an urgent and immediate concern.
Child is fearful of people living in or frequenting the home.
Caretaker has not, or is unable to meet the child's immediate needs for food, clothing, and/or shelter; the child's physical living conditions are hazardous and may cause moderate to severe harm.
Child sexual abuse is suspected and circumstances suggest that child safety may be an immediate concern.
Caretaker's alleged or observed drug or alcohol use may seriously affect his/her ability to supervise, protect, or care for the child.
Caretaker's alleged or observed mental illness or developmental disability may seriously affect his/her ability to supervise, protect, or care for the child.
Caretaker may be a victim of domestic violence that affects caretaker's ability to care for and/or protect child from imminent, moderate to severe harm.
A paramour is the alleged perpetrator or is involved with the family.
Other.

If the reporter provides information consistent with one or more of these fifteen factors, the CFW must document the details of that discussion. It is not necessary for the CFW to ask the reporter about all of these characteristics. However, the CFW should be aware of and listen for mention of these factors. It is important for the CPSW to know of this information when he or she receives the report. Gathering this information will expedite the assessment process by allowing the CPSW to immediately inquire from the reporter about more information concerning the safety factor(s).

4.2.6 Background Checks

The quantity and quality of the information gathered by the CFW, and subsequently transmitted to the CPSW, significantly impacts the safety and risk assessment made by the CPSW. Research indicates that caseworkers have defined several factors as most important to making safety and placement decisions. Among these factors is the severity and frequency of past maltreatment (DePanfilis and Scannapieco, 1994). Therefore, background checks are necessary for the CFW to conduct prior to transmitting a report to the local field office for investigation.

The SCR is responsible for conducting a soundex (data check) of the Child Abuse and Neglect Tracking System (CANTS), and a criminal background check through the Law Enforcement Agency Data System (LEADS) if appropriate information is provided at the time the report is taken.

The CFW taking the report must check the CANTS database to determine if there is a history of abuse or neglect for the children or alleged perpetrators reported. Prior reports which have been indicated (i.e., the allegation has been substantiated), which are pending (i.e., an investigation and assessment are currently being conducted), or which are unfounded reports that have been retained are noted on the CANTS 1. Since knowledge of prior abuse and/or neglect helps the Child Protective Services Worker (CPSW) assess risk and safety, this is an important area to consider.

· LEADS checks are required for the allegations as listed below: 1/51 Death

· 2/52 Head Injuries

· 4/54 Internal Injuries

· 5/55 Burns

· 6/56 Poisoning Noxious Substances

· 7/57 Wounds

9/59 Bone Fractures
10 Substantial Risk of Physical Injury if the alleged victim is 6 years of age and below
11/61 Cuts, Bruises and Welts

· 16 Torture

· 18 Sexually Transmitted Diseases

· 19 Sexual Penetration

· 20 Sexual Exploitation

· 21 Sexual Molestation

22 (Substantial Risk of Sexual Abuse) if the alleged victim is 6 years of age or below
65 (Substance misuse)

In addition to above allegations, other allegations that have the following characteristic:

Marks on multiple body areas
Marks on children age 6 and under
Severe tissue injury and/or possible permanent scarring
Families Fitting the Criteria of the Substance Affected Families Protocol
Paramour Involved Families (Paramour is Identified as the Alleged Perpetrator of Abuse)

With these allegations, the SCR would conduct the LEADS check on the alleged perpetrator(s), adult members of the household and adults who frequent the home. If the SCR does not have sufficient information to conduct the LEADS check, the CPSW must complete the criminal background check once the necessary information is received. In addition, a LEADS check must be conducted on other allegations if information obtained during the course of investigation would lead the CPSW to a reasonable suspicion of a criminal background or the minor is going to be left in the care and custody of someone other than the parent that has been the main caretaker. The CPSW shall consider criminal history before making an in-person contact with the alleged perpetrator to insure personal safety and the safety of the children that come into contact with the alleged perpetrator.

4.2.7 Types of Reports

4.2.7.1 Child Welfare Referrals

In some situations, the report may not meet the acceptance criteria for abuse or neglect but there is an identified problem that may be alleviated with DCFS or community services. When the CFW determines that an investigation by DCFS is not warranted by the report, the CFW informs the reporter of two additional options and provides available information. One, the CFW explains that there may be other community resources available to address the concerns of the family. Or secondly, if the situation indicates a need for DCFS services (e.g., dependency, need for homemaker assistance, counseling, day care, etc.), the CFW may write and electronically transmit the report to the local DCFS field office as a Child Welfare Services (CWS) referral. In the event that a CWS referral is taken, the CFW must inform the reporter of the following requirements:

CWS referrals can only be taken from family members residing in the subject's home, or a mandated reporter.
Individuals not residing in the subjects' home (neighbors, friends, relatives, etc.,) cannot make a CWS referral.
Mandated reporters should let the family know that they will make the call, and have reason to believe that the family would accept voluntary services.

4.2.7.2 Investigative Assignments

If the information meets the established criteria for a report, the CFW is responsible for transmitting the report to the responsible field office in the specified time frame. During a regularly assigned shift of the local investigative unit, the SCR shall electronically transmit the report within one hour of receipt. The following information shall be transmitted:

The contents of the CA/N Report including the presence of safety factors;
Pertinent information on all previous pending, indicated, and unfounded reports which have been retained involving the subjects of the current report;
Documentation of protective custody, if applicable; and
Other pertinent information (e.g., actions taken, directions to the residence, communication needs, etc).