4.16.1 When to Take Protective Custody | 4.16.2 PROTECTIVE CUSTODY MUST BE TAKEN UNLESS RULED OUT | 4.16.3 Risk Indicators | 4.16.4 Additional Required Actions
4.16 Protocol for Protective Custody Response
4.16.1 When to Take Protective Custody
The investigative worker who takes a child into protective custody must have assessed that a child is unsafe, evaluated the services available to the family and must have reason to believe that:
- Leaving the child in the home or in the care and custody of the child's caretaker presents an imminent danger to the child's life or health even if services are provided to the family; and
- There is insufficient time to obtain a Juvenile Court order authorizing temporary protective custody.
- The alleged perpetrator cannot be removed and/or the non-offending caretaker is not cooperative, unable/unwilling to protect the child, and/or has limited parenting knowledge.
Protective Custody is considered a critical decision and thus requires the approval of a Child Protection Supervisor with an MSW or related degree. This approval must take place prior to the removal of the child unless circumstances suggest that immediate harm may take place.
4.16.2 PROTECTIVE CUSTODY MUST BE TAKEN UNLESS RULED OUT
When the CPSW finds any one or a combination of the following circumstances: RULE OUTS MUST HAVE SUPERVISORY APPROVAL.
4.16.2.1 Immediately Dangerous Situations:
- This would include, but is not limited to situations such as the following: bizarre behaviors, out of control caretaker, there is suspicion that the alleged child victim may have internal (or any serious observable) injuries and the caretaker is uncooperative with efforts to obtain medical attention, premeditated harm to the child, caretaker hides child, caretaker has a destructive view of the child.
- Another caretaker who is willing and able to protect the child by not allowing the offending caretaker access to the child;
- The safety plan can be made with the offending caretaker that the child will be placed outside the home with a responsible adult.
The CPSW must conduct LEADS and CANTS checks AND confirm the safe environment through an interview and observation of the living arrangement. The responsible adult will be required to sign the CFS 1441-A indicating that they understand and will comply with the conditions of the safety plan.
NOTE: If the responsible adult refuses to sign the CFS 1441-A, then the CPSW will not agree with the alternate living arrangement.
- The offending caretaker is hospitalized and/or moves out of the home. If the decision to leave the child in the home is based upon the alleged perpetrator leaving the home, the CPSW must ensure the offending caretaker will not have access to the home as a visitor or otherwise. This is to be documented on the CERAP(CFS1441).
Both caretakers must sign an agreement that the offending caretaker will not have access during the pendency of the investigation.
NOTE: If there are any changes in the living arrangement, the CPSW must conduct another Safety Assessment. At the conclusion of the investigation, the CPSW must conduct a Safety Assessment prior to making the final finding.
- If the caretaker hides the child then later produces the child and the child is assessed as safe due to having no injuries, no statements by child of the harm, and/or if non-verbal, the child has been examined by a physician and found to have no injuries.
4.16.2.2 Violent Outcomes to the Child:
- This would include but is not limited to conditions such as spiral fractures to infants, fractures in general, brain damage, internal injuries, burns, face/head injuries, and fearful child; and/or
- Injury has been confirmed by attending physician and/or other physician who has expertise in the child's type of injury and confirms that injury is not likely due to abuse and or neglect.
- The identified alleged perpetrator lives outside the home and does not have access to child.
- The identified alleged perpetrator agrees to move out of the home
4.16.2.3 Sexual Abuse of a Child:
- Formal Investigation and:
- The alleged perpetrator lives outside the home and does not have access to the child.
- A clinical staffing that takes into consideration chronicity, patterns of abuse, intervals of abuse, ability and willingness of non-offending caretaker to protect, the child's ability to protect, and any current or past treatment.
4.16.3 Risk Indicators
Particular attention and assessment must be given to the following risk indicators in determining to take protective custody:
- Prior history of indicated reports with escalating harms and/or current PENDING reports;
- Caretakers who refuse or subvert protective services involvement (or essential services are not available) and the caretaker does not care about the child, the caretaker is not knowledgeable about parenting, etc.; and/or there are environmental threats or stressors which include dangerous physical environment, crowding, social isolation, unsupportive extended family, recent significant deaths, and divorce or separation;
- The child is abandoned, deserted, or the caretaker is not present and the child is unable to care for him or herself;
- The caretaker may flee with the child and the possible harms or threats of harms are severe in nature;
- The caretaker withholds medical care essential to he child's life and well-being;
- The caretaker's own physical ability, emotional stability, developmental abilities, use of a controlled substance, and/or mental health pose a serious threat to the child's health and well being.
4.16.4 Additional Required Actions
Prior MSW supervisory or management authorization is required and must be documented to take protective custody except in the most emergent situations. In those cases, approval must be sought immediately after custody is taken and the child is no longer in threat of harm.
4.16.1 When to Take Protective Custody | 4.16.2 PROTECTIVE CUSTODY MUST BE TAKEN UNLESS RULED OUT | 4.16.3 Risk Indicators | 4.16.4 Additional Required Actions