a) Introduction
This Section describes the Department's procedures for responding to sexually problematic and aggressive wards. It delineates the roles and responsibilities of Department personnel in the report of sexually aggressive behavior and the follow-up required in these cases. For purposes of this Section, caseworker includes both DCFS and Purchase of Service (POS) caseworkers.
The overriding priority of these procedures is for every possible step to be taken to ensure that all children are protected from the sexually problematic or aggressive behavior of juvenile wards of the Department. Other goals of the procedures include:
o that a child who is engaging in sexual behavior that is developmentally usual and expected will not be identified as sexually problematic or aggressive; and
o that a child who is engaging in sexual behavior that is problematic or aggressive will receive intervention appropriate to his or her sexual and non-sexual needs.
The objectives of these procedures are to:
o identify behavior which may be sexually problematic or aggressive;
o collect and analyze information about the behavior to determine whether it is sexually problematic or aggressive;
o provide interventions appropriate to the child's needs; and
o minimize the risk of harm to other children.
In cases where a ward is alleged to have engaged in sexually problematic or aggressive behavior, Department staff will intervene as described in the following procedures.
b) Definitions of Terms Used in This Section
"SACY Specialist" is the person designated by the Department in each region to work with sexually aggressive or problematic youth.
"SACY ward" is a child under the age of 18 who is determined to be engaging in behavior which is sexually problematic or aggressive.
"Sexually problematic behavior" includes those behaviors of children which are not usual and expected, but do not involve physical contact with others. These behaviors include public masturbation, voyeurism, exhibitionism, etc. Such behaviors violate societal norms for what is generally acceptable behavior and reflects an interruption of normal sexual development. The behaviors may or may not result from a history of sexual abuse and may be an attempt by the child to replicate the acts of their own abuse or express their feelings about the abuse. When discovered, children typically deny the accusation and continue the behavior after being told to stop. This behavior is also called sexualized, sexually troubled, or sexually reactive.
"Sexually aggressive behavior" involves sexual activity between two or more children which is without consent and/or includes one or more of the children having "power over" the other child or children. This power imbalance may be due to age, size, position, physical and/or mental capacity, etc. Sexual aggression involves sexual activities such as fondling, frottage (bumping, touching, or rubbing against others for sexual satisfaction without their knowledge or consent) and penetration. These activities may or may not cause visible physical injury or emotional harm to others. The activities involve aggression, force, coercion, or exploitation of another for the purpose of sexual gratification, power, or control. When confronted, children engaging in sexually aggressive behavior typically blame the behavior on others or angrily deny their behavior.
c) Reporting Suspected Sexually Problematic or Aggressive Behavior to the State Central Register (SCR)
In instances where sexually problematic or aggressive behavior of a DCFS ward is suspected, the worker shall make a report to SCR. In the report, the worker will describe the following:
1) the specific behavior prompting the report;
2) the physical context in which the behavior occurred, such as the time of day, location, etc.;
3) the social context in which the behavior occurred, such as who was present, what relationships were involved, what other activities were happening when the abuse occurred, etc.;
4) the possible problematic or aggressive aspects of the behavior.
5) if the ward resides in a residential facility, the name of the facility, the name of the facility administrator, address, phone and fax number.
d) SCR Completes Unusual Incident Report (UIR) and Makes Appropriate Referrals
When a report of suspected sexually problematic or aggressive behavior by a ward is made to SCR, an SCR worker shall complete a Unusual Incident Report and CFS 119-1, Addendum to Unusual Incident Report. Distribution of the UIR with the addendum will be as follows:
1) UIRs will be routed electronically via E-Mail to:
A) the Supervisor of the unit servicing the sexually problematic or aggressive ward_s case;
B) the SACY Specialist in the child's region;
C) the Clinical Services Coordinator when different from the SACY Specialist;
D) the Regional Program Manager;
E) the Regional Administrator;
F) the Statewide SACY Coordinator; and
G) Agency Performance Team, if the ward is in a POS caseload.
2) The SACY Specialist will fax the UIR to the workers for the sexually aggressive ward and the ward's child victims.
3) The caseworker for the sexually aggressive ward will inform the workers of any other children in the foster or relative home who are not victims about the incident.
4) The Statewide SACY Coordinator will fax the UIR to the Administrator of the residential facility in which the ward resides (if applicable).
When SCR receives a report of sexual behavior of a ward that meets the requirements for a CANTS report, in addition to sending the UIR to the persons listed above, SCR shall complete a CANTS 1 report and send it to the appropriate child protection team for investigation with a copy for the Statewide SACY Coordinator.
// In addition, if the report also constitutes a criminal act, SCR shall refer the report to the local law enforcement agency for investigation and referral for adult or juvenile prosecution or for services through probation.
// When SCR determines that the incident does not meet the criteria for a child abuse or neglect report, but constitutes a criminal act, SCR shall make a report to the local law enforcement agency for investigation and referral for adult or juvenile prosecution or for services through probation. In any event, SCR shall complete an unusual incident report as required above.
e) The Caseworker Initiates Placement Review
Within 24-hours of receipt of a UIR indicating possible sexually problematic or aggressive behavior, the caseworker shall initiate a review of the current placement using the criteria in paragraphs (2) and (3) below. If the UIR Addendum does not indicate possible sexually problematic or aggressive behavior, the caseworker or SACY Specialist may still initiate a review of the ward's placement if there is additional reason for concern. The reason for concern will be documented in the case record.
1) Consultation with Other Workers
As part of the placement review, the worker will consult with other caseworkers of children in the home regarding any vulnerabilities of these children. The purpose of this consultation is to decide whether the sexually aggressive ward should be removed from the home or be allowed to remain in the current placement. The following criteria will be used in making this determination.
2) Removal Criteria
Whenever the victim of a sexually aggressive ward resides in the same placement as his/her perpetrator, the sexually aggressive ward will be removed from the placement.
In the case of certified SACY residential treatment centers, the sexually aggressive ward may not always be removed from the placement with his/her victim, but will at least be separated from the victim. Appropriate consequences and interventions will follow, with revisions made to the Protective Plan to accommodate the increased risk this ward currently presents to other children in the placement.
3) Other Criteria for Placement Review
The caseworker will evaluate the following high risk factors when developing Protective Plans for SACY wards:
A) the SACY ward resides in the same placement with younger children;
B) the SACY ward resides in the same placement with children who are vulnerable due to limited physical, developmental and/or intellectual capacity;
C) the SACY ward resides in the same placement with other children known to be sexual abuse victims and/or perpetrators; and
D) the caregiver is unable to provide the aggressive ward with adequate supervision as outlined in the Protective Plan.
The sexually aggressive ward may remain in the current placement only if all of the following conditions are met and the caseworker and SACY Specialist agree the placement is safe:
A) The SACY ward has his/her own bedroom, or the SACY ward does not share a bedroom with younger or more vulnerable children;
B) there is a Protective Plan approved by the SACY Specialist, which clearly describes how the SACY ward is to be supervised at all times;
C) the caregiver has adequate resources (time, physical ability, commitment, etc.) to carry out the Protective Plan; and
D) the SACY ward is in counseling that specifically addresses the sexually problematic or aggressive behavior.
4) New Placement
If a decision is made to move the aggressive ward to a new placement, the criteria described above in paragraphs (e)(2) and (3) are again considered for the new placement. Any placement change will be considered according to these criteria.
Prior to a new placement, the caseworker shall provide the new primary caregiver with information regarding the ward's sexually aggressive behavior. This information shall be documented on the CFS 685, SACY Protective Plan. No child will be placed in any setting unless this form is completed and signed by the primary caregiver and the caseworker.
f) The Caseworker Develops a Protective Plan
Within 24 hours of the receipt of a UIR indicating possible sexually problematic or aggressive behavior, the Caseworker shall complete a Protective Plan for the ward. If the UIR Addendum does not indicate possible sexually problematic or aggressive behavior, the Caseworker or SACY Specialist may still initiate a Protective Plan if there is reason for concern. The reason for concern will be documented in the case record.
1) Protective Plan Elements and Guidelines
Minimally, the Protective Plan shall describe the following:
A) how the ward's contact with his/her alleged victim(s) is restricted;
B) how the ward will be supervised during all contact with other children or potentially vulnerable persons; and
C) how all adults responsible for the child with a need to know about the child's sexually problematic or aggressive behavior, in order to protect other children and provide adequate supervision, will be fully apprised of the child's behavioral problems, when they need to know it, in accordance with the confidentiality requirements specified in paragraph (3) below.
Protective plans must address supervision in a variety of settings. While attending school and other activities, all sexually problematic or aggressive children will be monitored at all times by an adult who has been informed that the child may pose a risk of harm to others and who recognizes the need for close supervision. Every attempt will be made to provide for the safety of those around the ward. This may include suspending the ward's optional activities until the protective plan is implemented and appropriate persons are informed of the child's behavioral problems.
2) Development of a Protective Plan
The caseworker has responsibility for the development of the Protective Plan. Others who must be involved in the development of the Protective Plan are:
A) the ward, if age 12 or older;
B) the primary caregiver;
C) the caseworker's supervisor;
D) the appropriate regional SACY Specialist;
E) the treatment provider, if the ward is receiving therapeutic services for the sexually aggressive behavior;
F) others responsible for supervision of the ward.
Involvement of the primary caregiver is especially critical. The caseworker will work with the primary caregiver in developing a plan which can be reasonably implemented. If the ward is currently receiving treatment, the treatment provider will be included in the development of the Protective Plan. Others responsible for supervision of the ward may also be involved.
Time lines for completion of activities and persons responsible for the implementation of the Protective Plan will be clearly identified in the plan. Through the Protective Plan, others responsible for the care and supervision of the ward are apprised of the child's behavior and supervision requirements.
If the primary caregiver or treatment provider does not acknowledge and agree with the need for special supervision, the caseworker will re-evaluate placement.
3) Implementation of the Protective Plan
In implementing the Protective Plan, all adults responsible for the care and supervision of the child will be apprised of the risk posed by the child, and the need for the Protective Plan. The caseworker will share information about the ward's sexually problematic or aggressive behavior with those persons specified in the protective plan who need to know the information in order to protect other children and provide adequate supervision.
When the need to know includes school personnel when school is in session and child care providers, if applicable, or church staff, recreational leaders, etc, who are assuming responsibility for supervising a sexually aggressive ward, the caseworker has the responsibility of informing these parties of the risk, and the specific requirements of the plan to protect other children from harm, but only with the signed consent of the Guardianship Administrator or designee on form CFS 600-3B, Confidential Disclosure of Information Regarding Child/Youth Requiring Close Supervision.
The worker will use form CFS 600-3B, for the purpose of informing these persons. The worker shall also attached to this disclosure form page 4 of the CFS 685, SACY Protective Plan. In addition, all persons who are informed of the ward's behavior will be apprised of the Department's confidentiality safeguards and of the requirement that the information cannot be shared with others without the consent of the Department. They must also sign the acknowledgment on the back of the Form CFS 600-3B. The worker must also sign the CFS 600-3B acknowledging that he/she has discussed the information with the person receiving the form.
These parties will also be informed that failure to adhere to the Protective Plan will place other children in danger of harm. If any parties responsible for the care and supervision of the child do not agree to provide special supervision, other arrangements for the child will be made.
4) Signatures and Copies of the Protective Plan
The Protective Plan is signed by wards age 12 and older, the primary caregiver, the Caseworker, the Casework Supervisor, the SACY Specialist, and anyone else responsible for implementing the Protective Plan. A Protective Plan is not considered complete without all signatures. Copies of the Protective Plan are placed in the case record and provided to the following:
A) the primary caregiver for the SACY ward;
B) the regional SACY Specialist assigned to the SACY ward;
C) the caseworker, the casework supervisor and the Regional Administrator responsible for the SACY ward;
D) the Statewide SACY Coordinator; and
E) any other person involved in implementation of the Protective Plan.
5) Changes In the Protective Plan
A Protective Plan will be revised or a new plan will be written when one of the following occurs:
A) the child's living arrangement changes;
B) an act of sexually problematic or aggressive behavior occurs after completion of the plan, and revisions are needed to reflect the increased level of supervision needed;
C) the child enters a residential treatment program;
D) completion of criminal investigation or professional evaluation indicates that adjustments are necessary;
E) a ward completes treatment; or
F) there have been no observed, reported or documented incidents of sexually problematic or aggressive behavior within the past 12 months, and documented therapeutic gains indicate a need for less monitoring and supervision.
Revisions to Protective Plans must be approved by the regional SACY Specialist. The revised plan will be completed according to the above guidelines and sent to the same recipients.
6) Monitoring the Protective Plan
A SACY ward will have a Protective Plan as long as he/she is a ward of DCFS. If Department custody is terminated, but later reinstated, a protective plan shall be reestablished. When the Protective Plan is periodically revised, it may become less restrictive as the ward learns to successfully manage his/her behavior. Eventually, the Protective Plan may constitute only an acknowledgment that the child's history includes sexually problematic or aggressive behavior which is being managed successfully.
It is the responsibility of the caseworker, the casework supervisor, and the Regional Administrator to monitor implementation of the Protective Plan.
The caseworker will evaluate implementation of the Protective Plan on a quarterly basis. This evaluation will include a review of documented sexually problematic or aggressive incidents perpetrated by the ward since implementation of the plan, as well as interviews with others involved in implementation of the plan.
Documentation of the review will be included in the case record.
The Protective Plan and SACY issues will be evaluated according to the Standards at the scheduled Administrative Case Review.
g) SACY Specialist Screens the Case
Within five working days of receiving a UIR indicating possible sexually problematic or abusive behavior, the SACY Specialist will screen the incident to determine whether sexually problematic or aggressive behavior occurred. In doing this, the SACY Specialist will review the child's behavior and document his/her conclusions, including whether or not local law enforcement or criminal or Juvenile Court were notified.
In addition to reviewing the UIR and Addendum, the SACY Specialist will document the child's sexual behavior using the CFS 686, Worksheet Regarding Incident of Sexually Aggressive Behavior. This Worksheet guides the SACY Specialist in determining whether or not the child has been the aggressor in the sexual incident being screened.
1) Criteria for SACY Determination
The child is determined to be a SACY ward if both of the following conditions exist:
A) the child is determined to be the aggressor in the sexual incident being screened; and
B) the sexual incident being screened involves sexual behavior and at least one of the following:
I) public masturbation, exhibitionism or voyeurism;
ii) an unequal power relationship that is based on a difference in age, size, physical ability, mental capacity, family relationship or other position of authority;
iii) lack of consent;
iv) bribes, trickery, intimidation or other coercion;
v) threat of force, force, or use of a weapon;
vi) use of photography, videotape, or other sexually explicit media;
vii) group or gang activity, ritual abuse; or
viii) sex with animals.
2) Screening Summary and Staffing Conclusions
The SACY Specialist will document findings on the CFS 687, Screening Summary and Staffing Conclusions form. This form, along with the UIR/Addendum and Worksheet for Sexually Aggressive Behavior, will be brought to the staffing.
h) Case Staffing
When a ward is determined to be engaging in behavior which is sexually problematic or aggressive, the SACY Specialist and the Caseworker will staff the case. The primary caregiver, casework supervisor, clinical coordinators, Field Service Managers, Regional Administrator, and probation officer, if one is assigned, may also be included in the staffing as appropriate. Wards age 12 and over will be involved in this staffing. The staffing will occur within three weeks of the receipt of the original UIR indicating possible sexually problematic or abusive behavior and prior to the
The staffing will result in decisions about services needed and appropriate referrals. In making placement and service decisions, the staffing team will consider the ward's history of sexually aggressive behavior, the development of aggression in each sexually aggressive incident, the range of sexual behaviors exhibited and amenability to treatment. The staffing will address the following issues:
1) Appropriateness of current placement - Age and vulnerabilities of other children in the placement are considered as described above under paragraph (e)(2), Removal Criteria, and (e)(3) Other Criteria, for Placement Review.
2) The specific needs to be addressed in the Protective Plan - Any revisions to the Protective Plan are made as described under Changes in Protective Plan in subsection (f)(5) above.
3) Services most appropriate to meet the needs of the ward - The appropriate provider(s) is determined. The ward is referred to an agency that can provide the appropriate level of services, including aftercare, as needed by ward. This will be an agency certified as a DCFS approved SACY provider in Department contracts.
4) Documentation - Written documentation of the staffing conclusion will be recorded on the CFS 687, Screening Summary and Staffing Conclusions form. A copy of this form will be sent to the selected service provider when a referral is made. The original is placed in the child's case record and other copies sent to the following: the primary caregiver, the SACY Specialist, appropriate clinical staff, the caseworker, the casework supervisor and the Regional Administrator.
5) Client Service Plan - The services recommended in the staffing shall be incorporated into the CFS 497, Client Service Plan.
I) SACY Specialist Enters SACY Ward on Database
If the staffing affirms the determination that the juvenile ward is engaging in behavior which is sexually problematic or aggressive, the SACY Specialist will enter the name of the ward and all identifying information onto the Department's SACY database for monitoring and tracking.
A ward's name remains on the SACY database as long as he/she is a ward of DCFS and will be reactivated if the ward exits Department custody and becomes a DCFS ward again at a later date. A ward's name will be removed from the database only if the SACY Specialist learns that the original report and screening was inaccurate and that the ward was not engaging in sexually problematic or aggressive behavior. This decision will be documented.
j) Caseworker Makes Treatment Referral(s)
When a ward is determined to be engaging in behavior which is sexually problematic or aggressive, the Caseworker assigned to the child will make referrals as agreed upon in the staffing.
The following steps will be followed when making referrals:
1) Appointment within 15 days - An appointment for an orientation to evaluation and treatment will occur within 15 working days of the date of the referral. If an orientation appointment with a provider cannot be scheduled within 15 working days, the Caseworker and SACY Specialist will seek another provider that can meet the required time frame.
2) Send case information - The Caseworker will sends the provider copies of all relevant case materials including the original Unusual Incident Report with CFS 119-1, UIR Addendum, the CFS 686, Worksheet for Sexually Aggressive Behavior, the CFS 687, Screening Summary and Staffing Conclusions, the current Protective Plan, history of any previous allegations and treatment, placement history, medical information, etc.
3) Documentation - Treatment referrals will be documented on Service Plan (CFS 497).
k) Monitoring Treatment
Monitoring of SACY cases will be conducted, minimally, at the quarterly supervisory review and at the regularly scheduled Administrative Case Review. In addition, the caseworker has the following responsibility:
1) Protective Plan - The Caseworker will work with the treatment provider to revise or rewrite the Protective Plan before the ACR as previously outlined in subsection (f)(5).
2) Report progress - The Caseworker assigned to the ward will monitor contact with the provider and will inform the SACY Specialist about progress on at least a quarterly basis.
l) Developing and Implementing Aftercare Plan
One month prior to completion of treatment, the Caseworker assigned to the child will notify the SACY Specialist and the provider to arrange a staffing of the case. The primary caregiver, casework supervisor, Regional Administrator and probation office, if one is assigned, are included in the staffing as appropriate. The staffing will result in a plan for aftercare. The plan for aftercare addresses the following issues:
1) Placement - If the placement will change, placements appropriate to the ward's needs are considered following placement selection guidelines in Rule 301.90 and review guidelines in subsection (e) of these procedures. This includes a setting which has treatment, supervision and on-going support available to the ward. Known history of the ward's preferred targets is also used in making placement decisions.
Prior to the new placement, the caseworker will provide the new primary caregiver with information regarding the ward's sexually aggressive behavior. This information is documented on a Protective Plan.
2) Protective Plan - A revised Protective Plan is completed for the ward following Protective Plan guidelines in subsection (f). The revised Protective Plan will address supervision and issues specific to relapse prevention. A copy of the revised Protective Plan shall be placed in the case record and sent to all of the original recipients.
The Caseworker and his/her Supervisor are responsible for monitoring the Protective Plan.
3) On-Going Services - The Service Plan (CFS497) will be revised, to include a description of:
A) how behavior management strategies will be defined and strengthened;
B) any continued support services needed by the ward (i.e., group counseling, additional support, etc.); and
C) how those services will be provided.
The revised Service Plan shall be completed and placed in the case record.
m) Completion of Treatment
The successful completion of formal treatment occurs when both of the following conditions are met:
1) a minimum of two years has elapsed since the occurrence of any sexual problematic or aggressive behavior, and
2) in the opinion of the professional treatment provider, documented therapeutic gains indicate that the ward presents minimal risk of re-offense.