Determining if a Child is Safe

The basic and most important determination judges make in child in need of care cases is whether a child(ren) is safe. Critical safety decisions are made when removing a child and determining whether a child should return home. However, without a comprehensive decision-making structure and thorough inquiry, decisions can lead to over and under removal, leaving children unsafe or returning them home too quickly. 

The Louisiana Department of Children and Family Services (DCFS) has implemented a research-based, structured safety assessment process designed to avoid these problems. It is the responsibility of all individuals involved in a case to understand the goal of child safety, the terminology used when discussing safety, and the type of information needed to make good decisions about child safety.

This bulletin was developed in 2016 by the Pelican Center for Children and Families with assistance from ABA Center for Children and the Law and the Pelican Center/Louisiana Child Welfare Training Academy Training and Education Committee members. Please download and share!

 

Published in Law and Best Practices
CHILD AND FAMILY SERVICES REVIEWS: How Judges, Court Administrators and Attorneys Should Be Involved 
 
The Children’s Bureau within the U.S. Department of Health and Human Services, Administration for Children and Families conducts Child and Family Services Reviews (CFSRs) in all States periodically to ensure conformity with Federal child welfare requirements, to gauge the experiences of children, youth, and families receiving State child welfare services, and to assist States in helping children families achieve positive outcomes.
 
The first two rounds of the CFSR were completed in all 50 states, Puerto Rico, and the District of Columbia between 2001 and 2010, and the third round will take place between 2015 and 2018. www.acf.hhs.gov/programs/cb/monitoring/child-family-services-reviews/round3
 
This paper provides:
•An introduction to CFSRs,
•An explanation of why CFSRs are important to maintaining the momentum of court improvement efforts, and
•Specific suggestions for how courts can become involved in CFSRs.

Click to read the full document.

An Inclusive Approach to Improving Transition Outcomes for Youth with Disabilities
To move toward national policies that will, by extension, lead to better outcomes for youth with disabilities and others, the Federal Partners in Transition (FPT) Workgroup aims to embed equality, diversity, inclusion, and opportunity into its policy work. Doing so ensures our federal interagency strategy “removes disability from the special shelf ” and reflects the underlying spirit of civil rights laws like the Individuals with Disabilities Education Act (IDEA), the Rehabilitation Act of 1973 (Rehabilitation Act), as amended by the Workforce Innovation and Opportunity Act 2014 (WIOA), and the Americans with Disabilities Act (ADA), which promote the full inclusion, integration, and participation of youth and adults with disabilities. Transition provisions recently enacted by WIOA are consistent with the principles, goals and policy priorities identified in The 2020 Federal Youth Transition Plan: A Federal Interagency Strategy (2020 Plan).
 
To read the full report, click here.
Published in Children's Justice Act

A Guide for Child Protective Services Staff - Protecting Children with Disabilities from Abuse and Neglect

Authors

  • Scott J. Modell, Ph.D., Deputy Commissioner, Department of Children’s Services, State of Tennessee
  • Marcie Davis, M.S., Director, Underserved Populations, New Mexico Coalition of Sexual Assault Programs, Inc.
  • Carla Aaron, M.S.S.W., Executive Director, Office of Child Safety, Department of Children’s Services, State of Tennessee
  • Irma Buchanan, M.S.S.W., Director of Investigations, Office of Child Safety, Department of Children’s Services, State of Tennessee

In 2011, the average annual rate of violent victimization for children with disabilities was more than twice the rate among children without disabilities. Serious violent victimization for children with disabilities was more than three times than that for children without disabilities (Truman & Planty, 2012). In the U.S., victimization is increasing for individuals with disabilities. Average annual rates from 2009-2011 tell a story. Children with intellectual disabilities had the highest rate of violent victimization from 2009 to 2011.

Among children with intellectual disabilities, the average annual rate of serious violent victimization doubled from 2009 to 2011. The average annual rate of serious violent victimization against individuals with self-care disabilities more than tripled from 2009 to 2011. The average annual rate of serious violent victimization against individuals with multiple disability types was double compared to individuals with one disability type (a net result of four times the victimization than persons without disabilities) (Harrell, 2011; Harrell, 2012). Data meta-analysis (Spencer et al., 2005; Sullivan
& Knutson, 2000) indicates that children with intellectual disabilities are:

  • 2.9 - 3.7 times as likely to have been neglected
  • 3.4 - 3.8 times as likely to be emotionally abused
  • 3.8 - 5.3 times as likely to be physically abused
  • 4.0 - 6.4 times as likely to be sexually abused

Almost fifty percent of people with developmental disabilities who are victims of sexual abuse will experience 10 or more abusive incidents (Valenti-Hein & Schwartz, 1995). According to a study involving the sexual abuse of persons with disabilities, almost eighty percent were sexually assaulted on more than one occasion and fifty percent of those experienced more than 10 victimizations (Sobsey, & Doe, 1991). People with disabilities are more likely to experience severe abuse over longer durations with multiple incidences and multiple abusers (Schaller & Fieberg, 1998; Young et al.,
1997). 

Child abuse normally occurs in the framework of a relationship between a child and an adult, or when the adult is a caregiver. Abuse or neglect is more likely to occur if the child and the caregiver exhibit certain risk factors. If there is a lack of protective factors to intervene with the risk factors present in their lives, then that family is at a greater risk of child abuse.

Read the full document. Click on the attached file.

Tuesday, 22 November 2016 09:40

Kids Can Thrive with Gay Parents

Kids Can Thrive with Gay Parents

Psychology Today - November 21, 2016

None of the outcome measures showed any difference between families headed by gay versus straight parents. Children's behavior problems were no different between these groups, whether behavior was rated by parents or teachers. Parental stress and family functioning were no different between these groups. In sum, there was no evidence whatsoever to suggest that children generally fared better or worse depending on the sexual orientation of their parents.

https://www.psychologytoday.com/blog/adopting-reason/201611/kids-can-thrive-gay-parents

Wednesday, 16 November 2016 12:30

Understanding Child Welfare and the Courts

Understanding Child Welfare and the Courts
Families involved with the child welfare system must often engage with the judicial system. This factsheet is designed to demystify the legal process and inform families of their rights and responsibilities. It includes frequently asked questions about the different stages of court proceedings, how parents and family members can prepare for court hearings, and who and what to expect in the courtroom and throughout the process.
https://www.childwelfare.gov/pubs/factsheets/cwandcourts/

Compiled by the Child Welfare Information Gateway.

Published in Children's Justice Act
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