4.24.1 Purpose | 4.24.2 Definition of Paramour | 4.24.3 Identification of Paramour Involved Families | 4.24.4 Screening and Assessment | 4.24.5 Investigation
PT 2000.18
The purpose of this Appendix is to provide staff procedural guidelines for intake and investigation of cases involving allegations of physical abuse and risk of non-sexual physical abuse to children in paramour involved families. However, the "Screening and Assessment" portion of these procedures should also be applied in cases of alleged accidental or unexplained injuries to young children, especially non-verbal children in paramour involved families.
For operational purposes, "paramour" means a significant other (e.g.,
· boyfriend,
· girlfriend,
· lover,
· partner,
· friend, or
· putative father)
who is involved in an intimate/romantic relationship with one of the custodial parents of the children who come to the official attention of the Department through a child abuse or neglect investigation and/or open case; does not have a legally recognized and/or significant, continuous and stable relationship with all of the children; and may or may not live in the same household of the custodial parent of the involved children.
Although stepparents (parental rights established via marriage) are not included in this definition, the following procedures should also be applied to any stepparent named as a perpetrator of physical abuse to a stepchild if the stepparent has not had a significant, continuous and stable relationship with the custodial parent and involved stepchildren.
State Central Register (SCR) staff shall use the screening and assessment factors listed below to screen calls of alleged paramour inflicted physical abuse. LEADS checks should be initiated by SCR staff for reports of physical abuse or risk of non-sexual physical abuse where a paramour is identified as the alleged perpetrator.
Child protective investigators and Department and purchase of service agency child welfare staff shall assess single parent households to determine if a paramour is involved with the parent and children regardless of whether there is acknowledgement by the family that a paramour lives in the household or is significantly involved with the parent and children. The assessment shall include information obtained from the parent, children, extended family, reporter, paramour, school personnel and other social service personnel in order to make an informed assessment of the paramour's involvement with the family essential to the development of viable safety and service plans.
The following minimum set of factors shall be considered by child protective investigators and Department and purchase of service agency child welfare staff when assessing level of risk for all cases of physical abuse and risk of non-sexual physical abuse involving children of single parent households where a paramour has been named as the alleged perpetrator, or a paramour has been identified as being involved with the family, or a paramour is suspected of being involved with the family. Information gathered shall address the characteristics of the paramour, the dynamics of the relationship between the custodial parent and paramour, the custodial parent's history with paramours and spouses, the custodial parent's capacity to protect his or her children from abuse, and child factors that may increase the risk of abuse by a paramour.
a) Is there a biological relationship between the paramour and the involved children?
Note: There may be an increased risk of abuse or neglect if the paramour is not the children's biological parent.
b) Is the paramour's involvement with the custodial parent significant, continuous and stable?
1) Do the custodial parent and his or her children refer to the paramour in positive, affectionate terms to others such as school personnel or extended family?
2) Does the paramour refer to each child in positive, affectionate terms?
3) Does the paramour express negative attitudes or behaviors towards specific children in the household (e.g., unrealistic expectations for behavior, demeaning verbalizations, excessive corporal punishment, differential treatment as compared to other children in the home, etc.)?
4) Is the paramour actively involved in child rearing (e.g., child care, transportation, extra curricular activities, school conferences, provider for medical insurance, medical appointments, etc.)?
5) Do persons outside the home refer to the paramour as having a positive relationship with the involved children?
6) Are persons outside the home able to provide examples of the paramour's positive contributions to the involved children's well being?
7) Does the paramour's family recognize his or her involvement as a "parent" to the involved children that are not his or her biological children?
8) Have the paramour and custodial parent established a joint residence?
9) Does the paramour provide emotional support to the custodial parent and/or involved children?
10) Does the paramour provide consistent financial support to the family?
11) Is the paramour financially dependent on the custodial parent?
c) Is the paramour misusing alcohol, prescription drugs, over the counter or illegal drugs?
d) Does the paramour have a criminal background established through a LEADS and local law enforcement records check?
e) Has the paramour been previously indicated as a perpetrator of child abuse or neglect?
f) Does the paramour have a history as an indicated perpetrator of child abuse or neglect in another state?
g) What are the custodial parent's and paramour's beliefs concerning child discipline? Have these beliefs been established through methods of discipline used by their parents?
h) Does the paramour have a history of mental illness?
1) Has the paramour ever been hospitalized because of the illness?
2) If yes, what medications is the paramour taking to treat the illness?
3) How are the medications stored in the home?
i) Is there a history of or a suspicion of domestic violence involving the paramour and custodial parent?
j) Does the custodial parent have a history of domestic violence with previous paramours or spouses?
k) Does the paramour have a history of multiple unstable adult relationships?
Note: Blended families involving multiple children with different biological parents often-present situations that prevent bonding between the custodial parent, paramour and children, creating a greater risk for abuse.
l) Has the custodial parent and/or children expressed fear of the paramour?
m) Does the family have a current or previous protective service case?
Note: A review of prior CANTS reports must occur. This review shall focus on the custodial parent and children's involvement with current and previous paramours or spouses, and whether those individuals abused the children in the family.
n) What were the custodial parent's awareness and/or involvement in incidents of child abuse or neglect?
1) What was the severity of the abuse?
2) Did the involved children require medical attention?
o) What is the capacity of the custodial parent to put the child's interest above his or her need for the relationship with the abusive paramour?
p) What steps were taken by the custodial parent to protect his or her children from abuse or neglect by the current paramour?
q) Does the custodial parent have the ability and willingness to continue protective behavior?
r) What are the ages of the children?
Note: Children who are ages 6 through 10 years of age are at high risk and children who are younger than 6 years of age are at the greatest risk of abuse.
s) Are any of the children hyperactive, behaviorally disordered, physically or mentally handicapped?
t) Are there any relational stresses between the paramour and custodial parent?
u) Is there another adult in the home who is willing and able to assist with ensuring the safety of the children?
Note: This person cannot have a criminal history or have been indicated for abuse or neglect as verified through CANTS, LEADS and law enforcement agency checks.
v) Is there a current or pending order of protection against the paramour.
The following procedures shall be followed for all of cases of physical abuse and risk of non-sexual physical abuse where a paramour has been named as an alleged perpetrator or identified as being involved with the family.
a) Child victims and non-involved subject children shall be interviewed without the paramour and/or parent present. Interviews should be conducted in a neutral setting such as a school, day care center, extended family home, DCFS office or any other environment perceived as "safe" by the child. Interviews conducted in the home must be done in an area where the paramour and parent are unable to have eye contact with or hear the children's statements.
b) A referral to law enforcement must be made and protective custody considered when the investigator is denied access to the children by the paramour and the natural parent is unable or unwilling to permit access. Child protective investigators may request a waiver of these requirements from Child Protection Unit supervisors. The CANTS 17A shall be used to document the supervisor's consultation and information supporting the supervisor's decision to either approve or deny the waiver request.
c) Separate interviews must be conducted with the paramour and custodial parent. A non-offending custodial parent who is fearful of his or her paramour should be interviewed in a neutral setting.
d) Corroboration of credible information must be sought concerning a custodial parent or paramour's history of alleged mental illness, domestic violence, drug and/or alcohol abuse, or abusive patterns of discipline when the paramour or natural parent denies such histories.
e) An appropriate safety plan must be developed and implemented, if required and documented on the CFS 1441. This plan may require that the paramour leave the custodial parent's residence during the investigation. Shelters or extended family should be considered for use as temporary living quarters for custodial parents and children in those situations where they reside in the paramour's home.
The custodial parent should be informed that permitting his or her paramour access to children in violation of an established safety plan may result in the Department taking protective custody of the children and referring the case to Juvenile Court.
f) The following are required for all cases that proceed to formal investigation:
1) Child protective investigators must make collateral contacts with individuals who can provide information concerning the safety and well being of the children, parental functioning, the quality of the home environment, and the quality and stability of the relationship between the paramour, custodial parent and the custodial parent's involved children (e.g., extended family members who have had extensive/significant personal contacts, child care providers, social service agencies, neighbors, school and medical personnel).
2) Cases must be referred to law enforcement unless the Department has a written agreement not to refer such cases or a waiver of the requirement has been obtained from the Child Protection Unit supervisor. The CANTS 17A shall be used to document the supervisor's consultation and information supporting the supervisor's decision to either approve or deny the waiver request.
3) Serious physical harm cases must be referred to Child Advocacy Centers where the Department is served by such centers unless a waiver of the requirement has been obtained from the Child Protection Unit supervisor. The CANTS 17A shall be used to document the supervisor's consultation and information supporting the supervisor's decision to either approve or deny the waiver request;
4) A domestic violence screen (CANTS 17A/DV) must be completed.
5) Monitoring visits with the involved children shall occur weekly during the course of all pending formal investigations when the following conditions exist:
A) a child victim is under ten years of age; or
B) a child victim is vulnerable to physical abuse and injury due to a handicapping condition; or
C) a child victim has been seriously injured.
The assigned Department or purchase of service agency permanency worker shall monitor families with open service cases unless other arrangements are made with the investigator. Monitoring visits shall be documented on the CANTS 17A or CFS 492.
Child Protection Unit supervisors may grant a waiver of this requirement. The CANTS 17A shall be used to document the supervisor's consultation and information supporting the supervisor's decision to either approve or deny the waiver request.
6) When possible, families shall be referred for services within 24 hours after identification of service needs and transitioned to follow-up services within 72 hours of the referral. The assigned permanency worker shall provide weekly monitoring with the involved children unless arrangements are made with the child protective investigator to conduct the visits. Monitoring visits shall be documented on the CANTS 17A or CFS 492.
7) A case must be referred for mandatory case opening when a paramour is indicated for physical abuse and any of the following conditions exist:
A) a child victim is under of ten years of age; or
B) a child victim is vulnerable to abuse and injury due to a handicapping condition; or
C) a child victim has been seriously injured.
Cook County Child Protection Managers may grant an exception to this requirement after consultation with the Child Protection Unit supervisor and investigator. For all other cases, Child Protection and Field Services Managers may grant the exception after consultation with the Child Protection Unit supervisor and investigator. Management consultations and decisions with supporting information shall be documented on the CANTS 17A.
8) A case must be referred for assessment and case opening when a paramour is indicated for physical abuse and any of the following conditions exist:
A) child victims are 11 years of age or older;
B) child victims have no handicapping conditions that make them vulnerable to abuse and injury; and
C) child victims have not been seriously injured.
Child Protection Unit supervisors may grant exceptions to the referral for assessment and case opening requirement with approval from the Child Protection Manager. Page seven of the Family Assessment Factor Worksheet shall be used to document management consultations, decisions, and supporting information.
9) When the decision to unfound the report has been made, but prior to completion of the Final Finding Report, the child protective investigator shall re-interview the reporter and respond to any additional issues raised by the reporter.
Mandated reporters shall also be provided the reasons for the recommended unfounded finding and be advised of his or her statutory right to request a review of the finding by a Multidisciplinary Review Committee [Procedures 300.110(l)].
10) The following are required for all unfounded cases that go beyond 14 days:
A) pre-school and non-verbal alleged child victims must be observed, and older alleged child victims re-interviewed within 72 hours prior to the date the child protective investigator submits the completed investigative file to the Child Protection Unit supervisor for final approval;
B) a closing body chart on alleged child victims must be completed unless a waiver is obtained from the Child Protection Unit supervisor. The CANTS 17A shall be used to document the supervisor's consultation and information supporting the supervisor's decision to approve the waiver request;
C) LEADS checks and background checks with other states where the paramour is known or alleged to have lived must be completed; and
D) a risk factor must be added to the CERAP to specify that a paramour is the alleged perpetrator.
4.24.1 Purpose | 4.24.2 Definition of Paramour | 4.24.3 Identification of Paramour Involved Families | 4.24.4 Screening and Assessment | 4.24.5 Investigation