4.25.1 Introduction | 4.25.2 Determining the Perpetrator | 4.25.3 Licensed Facilities | 4.25.4 Schools
The Abused and Neglected Child Reporting Act (ANCRA) was amended in 1987 to include as an eligible perpetrator "any other person responsible for the child's welfare at the time of the alleged abuse or neglect, including but not limited to health care professionals, educational personnel, recreational supervisors and volunteers or support personnel in any setting where children may be subject to abuse or neglect. Caretakers included in this expanded definition are most likely to be providing care in out-of-home settings. Out-of-home settings may be thought of as any situation where the child is being cared for by a substitute caretaker outside of his or her usual place of residence.
Some examples of out-of-home abuse or neglect report situations include incidents that occurred while children were being cared for in facilities such as:
The focus of an out-of home investigation is similar to any other investigation in that the CPSW must determine:
Out-of-home investigations differ from other types of investigations; therefore, the Department has developed procedures that outline the investigative process that applies to out-of-home situations (see Procedures 300.160(b) and (c)). This chapter explains some of the differences related to the investigative process, the physical environments and the social dynamics among the caretaker(s) and children in various types of facilities.
SCR workers will name an alleged perpetrator on reports in licensed facilities and schools but they sometimes must do so with limited information. In essence, the CPSW must decide:
Each situation must be examined carefully to determine who is responsible for the alleged harm to the child. If the caretaker is indirectly involved in the abuse or neglect, an "indicated" finding must demonstrate that this caretaker either knew harm was occurring or that his/her knowledge of the potential for harm was evident and the caretaker failed to take preventive/protective measures. This must be clearly documented in the investigative record. If a responsible caretaker is determined to have had direct participation in the abuse or neglect or had knowledge of harmful incidents or knowingly placed one or more children in a potentially harmful situation, the caretaker may be indicated for abuse or neglect.
Licensed facilities include all those listed in the introduction except schools, which are not licensed by this Department. Each facility is defined, and its licensing requirements and functions are explained, in Department Rules. Parts 401 through 407. Department Procedures 300.160(b) explains the investigative procedural requirements which must be followed when a CPSW receives a report which is coded "H" (Child Care Facility/Shelter Investigation). Because licensed childcare facilities are businesses, there are many interests at stake. For this reason, the Department requires CPSWs to proceed with special sensitivity and urgency when conducting investigations in licensed facilities. If the facility administrator, owner, head of operations, etc. is listed as the alleged perpetrator, the CPSW should immediately consult with his/her supervisor for guidance.
There are additional activities involved in investigations of licensed facilities. These activities include:
Upon notification, Licensing will initiate its own investigation. Preferably Licensing and Child Protection will co-investigate; however, if that is not possible, Licensing will proceed with its own investigation. Licensing's response will not delay the investigation by Child Protection.
The type of facility or caretaker arrangement will determine how the investigation should be conducted. For example, a report of abuse or neglect in a foster home or in a babysitter's home may generally be investigated in the same way as an intra-familial report. On the other hand, a report involving a child in a residential facility may require the interviewing of many residents and staff to determine the extent of the abuse or neglect and to discover if other child residents have been harmed. The subsections that follow provide information about the unique characteristics of each type of licensed facility and their respective populations.
An amendment to ANCRA effective January 1, 1988 requires the Department to investigate reports alleging child abuse or neglect that name school teachers and other school employees as alleged perpetrators. In response to this change, the Department developed Procedures 300.160 (c) to explain the procedural differences involved when the alleged perpetrator is employed by or volunteers at a school.
The basic investigation procedures for licensed facilities must be followed when conducting investigations in schools (coded "SCH" in Section B6 on the CANTS 1). The most important differences for investigating a school vs. other licensed facility include:
The Department entered into a written memorandum of understanding/agreement with the State Board of Education in 1987 pursuant to implementation of the amendment requiring the Department to investigate allegations of CA/N involving teachers and all other school employees. The memo contained decisions made jointly by DCFS and the State Board concerning how the law should apply to schools and how the Department would carry out the provisions of the law. Such topics as what constitutes corporal punishment and abuse, how the investigative process will proceed, how the Department shall be given access to children while in school, and the ramifications of a teacher being indicated for abuse or neglect were addressed.
That memorandum still exists even though it was designed primarily for reference by school personnel. You should request a copy from your supervisor and use it for guidance when conducting investigations in schools.
Be aware, however that the Department is working with the State Board of Education to update the document.
The basic decision-making process for making final findings decisions in out-of-home investigations is very similar to that used in most other abuse or neglect investigations with two exceptions, as follows:
4.25.1 Introduction | 4.25.2 Determining the Perpetrator | 4.25.3 Licensed Facilities | 4.25.4 Schools