How Fast Must Ohio Child Protective Services Respond
Assay of Land Legislative Provisions
A number of States have authorized a "differential response" approach for child protective services (CPS). The approach allows CPS to answer differently to accepted reports of kid abuse and neglect allegations, based on factors such as the type and severity of the maltreatment, number and sources of previous reports, and willingness of the family to participate in services. The National Quality Improvement Center on Differential Response in Child Protective Services (QIC-DR) describes cadre elements of differential response systems:
- Utilise of ii or more than discrete response pathways for cases that are screened in and accepted;
- Institution of discrete response pathways is codified in statute, policy or protocol;
- Pathway assignment depends on an assortment of factors, such equally the presence of imminent danger, level of take a chance, number of previous reports, source of the report, and/or presenting instance characteristics, such as the type of alleged maltreatment and the age of the declared victim;
- Original pathway assignment tin modify, based on new information that alters risk level or safety concerns;
- Services are voluntary in a not-investigative pathway;
- Families tin can choose to receive the investigation response or
- Families can take or refuse the offered services if there are no safety concerns;
- Families are served in a non-investigative pathway without a formal decision of child maltreatment; and,
- The proper noun of the alleged perpetrator is not entered into the central child abuse registry for those individuals who are served through a not-investigative pathway.
View country enacted legislation around the Differential Response Approach beneath.
Differential response, also referred to as "dual track," "multiple track," "alternative response," or "family assessment approach" is an approach that allows kid protective services to respond differently to accustomed reports of child abuse and neglect, based on such factors every bit the type and severity of the alleged maltreatment, number and sources of previous reports, and willingness of the family to participate in services. A number of state legislatures accept enacted legislation in contempo years to implement or pilot test this arroyo.
Land Differential Response Legislation
STATE | Citation | Clarification/CURRENT LEGISLATION/ENABLING LEGISLATION |
Arizona | Ariz. Rev. Stat. § eight-816 | Enabling: Dual Rail-1997 - Chap. 223 - Directs the country to implement a family unit builders pilot program involving partnerships between child protective services and customs-based program, to allow for a triage system to screen corruption reports, provide a variety of customs-linked family support services and assess families for service needs. Requires an evaluation. (A) Establishes the Family Builders program in the department of economical security. Directs the section to develop collaborative, community-based partnerships with family unit back up programs, social service agencies and others. (B) Requires the section to contract with neighborhood-based agencies to conduct family unit assessments, provide instance management and other services. Outlines written agreements and contract requirements. Specifies that services are voluntary and that the provider may certificate the refusal in the case record. Sets timelines for assessments. (H) Requires the provider to immediately written report a case to the section or police enforcement if they determine that a child is in imminent danger of abuse or fail. (Thou) Requires the section to crave the provider to establish a local informational board of community representatives. (Fifty), (Thou), (Due north) Requires the section to set goals and outcomes for the program, develop performance standards, and provide training for providers. |
California | 2006 Budget Act | 2006 Budget Act allows section to appropriate funds for child welfare services outcome improvement spent on local priorities identified by counties including differential response. |
Colorado | Colo. Rev. Stat. § nineteen-3-308.3 | Creates the Differential Response pilot program that will authorize the selected participating counties to employ an alternative approach to addressing reports of declared child abuse or neglect in cases in which an assessment determines that the safe of the kid is at low or moderate hazard. Requires the state kid welfare department to submit to the Health and Human Services Committees of the Firm and Senate a written report apropos the assistants of the airplane pilot program. Requires an evaluation of: child safety and permanency; family unit and caseworker satisfaction and cost effectiveness. If an assessment of the alleged corruption or neglect is constitute to exist of low or moderate gamble, neither the state child welfare section or canton child welfare section shall exist required to brand a finding concerning the alleged abuse or fail in the family. |
Connecticut | Conn. Gen. Stat. § 17a-101g Amended by: 2011 SB 1199 2013 SB 832 | Sec. one: Determines that as part of the Section of Children and Families' Differential Response Plan, a study of child corruption or neglect classified as lower take a chance may be referred for family assessment and services. The police force further states that any such report may thereafter be referred for standard child protective services if safety concerns for the kid become evident. A report referred for standard kid protective services may be referred for family cess and services at any fourth dimension if the section determines there is a lower adventure to the child. The commissioner may establish a program of differential response to reports of child abuse and neglect whereby the study may be referred to appropriate community providers for family unit assessment and services without an investigation or at any fourth dimension during an investigation, provided there has been an initial safety cess of the circumstances of a family and child and criminal background checks have been performed on all adults involved in the report. "Differential response" was renamed "family cess response" in 2013 |
Delaware | Del. Code tit. 16, §§ 901, 902, 906 | Enabling Statute: 1997 - SB 170 - Establishes a multiple response arroyo to reports of kid abuse and neglect. Allows the child welfare agency to respond with either an assessment and services approach or an investigation. Requires an investigation in certain cases. Calls for the child protection system to coordinate community resources to preclude and remedy kid abuse. § 901-Requires the department to carry investigations or family assessments and provide necessary services. § 901 - Requires an investigation nether certain circumstances related to criminal offenses and requires an internal information arrangement to maintain investigation and family cess data. § 902-Describes family cess and services to be used in conjunction with the investigative approach and to focus on the integrity and preservation of the family. Family assessment response is to appraise the status of the child and the family in terms of the risk of abuse and fail and, if necessary, plan and provide for the provision of community-based services to reduce the risk and otherwise support the family unit. § 906 (b) (seven)-The division is required to identify and provide services for families when child is at take chances of abuse and neglect. The Division shall document its attempt to provide voluntary services. If the family refuses services the Partition may refer the case for investigation. § 906 (b) (vii) - Allows cases assigned to i approach to be transferred to the other approach. |
Commune of Columbia | D.C. Code § 4-1301.04 | Allows a family assessment of strengths and needs to exist conducted in lieu of investigation in response to certain reports of corruption and neglect with the stipulation that a re-investigation can be conducted when warranted. |
Florida | 1993 Ch. 25 | Discontinued Enabling Statute: 1993 - Chap. 25 - Each county develops a "2-tier" system of CPS. Others receive treatment and services through the family unit services response organisation (FSRS). (Annotation: Certain provisions related to FSRS repealed.) CPS screens incoming reports; more serious cases are referred to police force enforcement for investigation. FSRS reports are not classified for the purpose of employment screening. Families on both "tiers" first see a service provider; investigated families receive the aforementioned services as FSRS cases, simply nether judicial oversight. |
Iowa | Iowa Code § 232.71B | Enabling Statute: 1993 - Chap. 147 -Establishes five child corruption assessment pilot projects to supplant current investigatory practices. All allegations of child abuse, which were previously accepted for investigation, would now be accepted for assessment. Far greater accent will be placed upon a force-based assessment of the family where a total assessment is necessary; less emphasis will be placed on the isolated incident reported. Ensures safety of children and provides services to families. Limits the cases forwarded to the central registry to those that involve great hazard or meaning injury. Iowa Code § 232.71B: Upon receipt of child abuse report determined to establish a child abuse allegation, requires the department to acquit an assessment within 24 hours. Requires the department to piece of work jointly with police enforcement in performing assessment and investigation. Requires a protocol with law enforcement to work jointly on performing assessments and investigations in which a criminal act of harming child is declared. Describes the assessment process. Requires the department to adapt for and monitor services on a voluntary basis or intermediate order of the juvenile court. Iowa Lawmaking § 232.71C– Requires the section to initiate courtroom activeness if it determines that it is in the best involvement of the child to do and then after the completion of the assessment. Iowa Code § 232.71D-If the department determines the injury or risk of harm to the kid was small and isolated and is unlikely to reoccur, the names of the child and the alleged perpetrator of the kid corruption and any other child abuse information shall not be placed in the key registry as a case of founded kid abuse. Outlines circumstances which identify the names of the kid and the declared perpetrator and the study and disposition data on the registry. |
Illinois | Ill. Rev. Stat. ch. 325 § 5/7.iv | (a-5) The Department of Children and Family Services may implement a "differential response program." The program upon receiving a written report, that the Section shall determine whether to conduct a family cess or an investigation equally appropriate to prevent or provide a remedy for child abuse or neglect. "Family unit Assessment" means a comprehensive assessment of child safety, risk of subsequent kid maltreatment, and family strengths and needs that is practical to a child maltreatment report that does not allege substantial child endangerment. "Investigation" means fact-gathering related to the electric current safety of a kid and the hazard of subsequent corruption or fail that determines whether a study of suspected child abuse or neglect should be indicated. (a-5) (5) - In one case it is determined that a "family assessment" will be implemented, the case shall non be reported to the central annals of corruption and fail reports. During a family assessment, the Department shall collect any available and relevant data to determine child prophylactic, risk of subsequent abuse or neglect, and family strengths. Information nerveless includes: information with regard to the person reporting the alleged corruption or fail, including the nature of the reporter'southward relationship to the kid and to the alleged offender, and the basis of the reporter's knowledge for the written report; the child allegedly being abused or neglected; the alleged offender; the child's caretaker; and other collateral sources having relevant information related to the alleged abuse or neglect. Information relevant to the assessment must be asked for, and may include: (A) The child'due south sexual practice and age, prior reports of corruption. (D) Information on the existence of domestic abuse and violence in the domicile of the kid, and substance abuse. The department shall arrange for an independent evaluation of the "differential response plan." In determining that a complete investigation is not required, the Department must document the reason for terminating the investigation and notify the local constabulary enforcement agency or the Department of State Police if the local law enforcement agency or Section of State Police is conducting a joint investigation. |
Kentucky | Ky. Rev. Stat. § 620.040 | Enabling: 2000 SB 236, Chap. 204 - Requires the department, upon receipt of a report of kid abuse or neglect, to immediately brand a determination of risk of harm to the child and the, based on level or risk, investigate the study, conduct an cess of family needs, or refer the report to an community-based service. Requires that reports of sexual corruption be considered high take chances and not referred to whatsoever customs bureau. Lists agencies that may receive information virtually the identity of a report of kid abuse. KRS § 620.040 Based upon the allegation in the report, the chiffonier shall immediately make an initial determination equally to the risk of harm and immediate rubber of the child. Based upon the level of risk, the cabinet shall investigate the accusation or accept the report for an assessment of family needs and, if appropriate, may provide or make referral to any community-based services necessary to reduce risk to the child and to provide family support. A written report of sexual corruption shall be considered loftier risk and shall not exist referred to any other community agency. Requires the cabinet to make a written written report to the canton attorney, local law enforcement or Kentucky State Police on action taken in the investigation. Sexual corruption shall be considered high risk and not referred to any other community agency. |
Louisiana | La. Ch. Code, Fine art. 612 | Enabling: 1999 - Act 1355- Authorizes assessment of families, rather than investigation, in response to certain low-adventure reports of child abuse. Art. 612 - Upon receipt of a report, shall assign a level of risk to child in the written report. Requires prompt investigation of high and intermediate levels of take a chance. Art. 612 Allows low-take chances reports to be assessed through interviews with the family to identify needs and lucifer with customs resources. Art. 612 If during the family cess the department determines that a child is at immediate substantial risk of harm, the department must conduct an intensive investigation. Art. 615 If it is adamant child is in demand of care and needs removal, department must utilize for a removal order |
Maryland | Md. Fam. Police force § 5-706 | Authorizes the Secretarial assistant of Human being Resources to found an alternative response program for sure reports of child abuse or fail; requires the Department to establish an informational council to participate in the evolution of the culling response implementation plan; prohibits sure reports of child abuse or neglect from existence assigned for an alternative response; authorizes certain reports assigned for an alternative response to be reassigned for an immediate investigation based on sure factors; allows certain reports assigned for an investigation to be reassigned for an alternative response based on sure factors; requires a local department to take certain actions post-obit a study assigned for an culling response; provides for the confidentiality and maintenance of sure records; requires the Social Services Assistants of the Department to develop a certain data collection procedure; requires the Department to submit a certain assessment and recommendations to the General Assembly; relates to alternative response plans with respect to reports of kid abuse and neglect. |
Maryland | 2006 Chap. 632 2006 HB 1648 | Enabling: 2006 Chap. 632 Requires the section to conduct a Differential Response System Study on the implementation of a research-based differential response organization for child corruption and neglect allegations. Requires a report on the findings and statutory recommendations. Requires the written report to define levels of safety concerns; determine specific responses and time frames; develop a database of child welfare programs and customs resources; determine existing chapters of community services; develop a programme to implement; and, evaluate differential response including consideration of workload standards, multidisciplinary responses from mental health, substance abuse, domestic violence, the role of law enforcement, staff grooming requirements/costs and recommended statutory changes. Deed expires May 31, 2007. |
Michigan | Mich. Comp. Laws § 722.628d | Enabling: 1999 PA 484 – Established five categories and responses to child corruption reports, using a structured decision-making tool, to provide diverse levels of intervention and protection. Categories include services non needed, customs services are recommended, customs services are needed, community services are required and a courtroom petition is required. Defines categories. Requires annual written reports through 2008. Category II and I cases crave the department to open a example and place perpetrators on the central registry. Category I crave the section to petition the court and may involve a criminal violation. Category IV determinations crave the department to assistance the family in voluntarily participating in customs-based services. Category III determinations require services; if the family refuses or does not progress, the section may consider reclassifying the case as Category 2. Category II requires services. |
Minnesota | Minn. Stat. § 626.556 | Enabling: 1999 - HF 1352 - Authorized counties to develop alternative response programs, including assessments of families' need for services and for child maltreatment reports. Allows multi-disciplinary teams to initiate their ain review of cases with a finding of maltreatment merely no services needed. Specifies information to be collected during the assessment or investigation. Requires an immediate contiguous interview if substantial child endangerment is alleged. Requires an firsthand investigation or assessment if alleged abuse victim is in a facility. Sub. two. Defines family unit assessment to mean a comprehensive assessment of child safe, risk of future maltreatment and family strengths and needs in a case that does not allege substantial child endangerment and does not include a determination of whether corruption occurred, but does decide need for services. Defines investigation to hateful a fact-finding process to get together information on child safety, take a chance of subsequent maltreatment, a determination of whether corruption occurred and whether child protective services are needed. Sub. 3c. Requires the local welfare agency to do assessment or investigation in kid sexual abuse cases in the family, and in allegations of maltreatment in child foster intendance, family child intendance, licensed kid care and juvenile correctional facilities. Requires the departments of human being services and wellness to appraise or investigate other licensed facilities. Sub. 3e, 3f: Gives local law enforcement investigatory dominance in criminal reports of kid maltreatment. Requires coordination. Sub. 10. Requires the local welfare agency to determine whether to conduct an assessment or an investigation in cases of alleged fail, physical corruption or sexual abuse. Requires a chemical use assessment if there if booze or drugs are involved. Sub. 10e. Requires the child welfare agency to conclude an assessment or investigation within 45 days of a report. Requires the bureau to make two determinations after an investigation: whether maltreatment has occurred and whether kid protective services are needed. Defines maltreatment to include physical abuse, neglect, sexual abuse, mental injury or maltreatment in a facility. Specifies that kid protective services are needed because a kid is at significant run a risk of maltreatment. Sub. 10f. Requires parents or guardians exist notified of determinations. Sub. x. Requires the local kid welfare bureau to investigate cases on the family unit cess response if it determines that substantial child endangerment or a serious threat to the child'due south safety exists. Allows the local child welfare agency to conduct a family unit assessment on a study originally screened in as an investigation. |
Missouri | Mo. Rev. Stat. § 210.145 | Enabling: Dual Rails 1993 - SB 595 - Established a three-twelvemonth pilot project in five demonstration sites in which some reports of corruption and neglect are investigated, simply allows a family cess in cases that practise not require law enforcement involvement or removal of a kid. Demonstration sites volition be responsible for screening reports received from the Child Abuse and Neglect Hotline and classifying those reports as either Investigation or Family Assessment Reports. Mo. Rev. Stat. § 210.110 – Defines family assessment and services for children reported every bit victims of abuse. Mo. Rev. Stat. § 210.145 - Requires the apply of a structured conclusion-making protocol to classify child abuse and neglect reports. Requires the division to decide if the report merits investigation which includes criminal violations, or family cess and services. Specifies what shall be included in an investigation. Requires a chief investigator in each local segmentation office to straight the response on any instance involving a second or subsequent incident regarding the same child. Specifies what shall be included in a family assessment and services approach. Provides voluntary and fourth dimension-limited services unless division determines in that location will exist a high risk of corruption or neglect if the family refuses services. Allows the division to comport a family unit services approach if information technology determines that, upon completing an investigation, an investigation is not appropriate. Requires written notice to law enforcement before terminating any investigation. Allows the division to begin an investigation of an assessment family unit if the family continues to pass up services or if the child is in danger. Mo. Rev. Stat. § 210.152 - Requires documentation of investigations and assessments. Requires the information system to contain the decision made by the sectionalization and other data. Requires investigation study information to exist contained in the central registry. |
Nevada | Nev. Rev. Stat. § 432B.260 | Enabling: 1997 Chap. 517 - Authorizes a multiple response arroyo to reports of child abuse and neglect. Requires the land to immediately investigate certain reports and to evaluate families reported for other, less serious types of corruption and fail and determine whether an investigation is warranted. Sets forth criteria for cases in which an investigation is not warranted. Authorizes the land in such cases to conduct an assessment of the family's need for services and to provide counseling or other services to the family. Allows for the reversal of a determination that an investigation is not warranted. Requires the child welfare agency to conduct an investigation immediately in specified circumstances. Allows the agency to provide counseling or other services or to conduct a family unit assessment if it determines an investigation is not warranted. Requires the agency providing services to a family unit to notify the child welfare agency if the child or family refuses services or if the agency determines there is a serious hazard to the child. |
New Bailiwick of jersey | 2007 SB 3000 | Found in appropriations language in 2007. County-based Differential Response programs funded by the Department of Children and Families to forestall kid corruption and fail shall provide services to families and follow intervention strategies that are defined with the participation of local community-based organizations. |
New York | N.Y. Soc. Serv. Law § 427-a Amended by: 2011 AB 6823 2011 AB 8108 | Enabling: 2007 SB 4009, Chap. 452 - Amends social services police force to permit for the establishment of differential-response programs for child protection assessments or investigations. Provides the process by which counties can utilise for implementation blessing from the Part of Child and Family Services, and outlines the procedures that must be followed when implementing such a system. Dual Rail Child Protective Program. Enacts the "Westchester county dual track demonstration project ;" provides for establishing a demonstration program implementing a dual rail child protective programme in Westchester county; provides that such program shall exist supervised by the part of children and family services; also provides for the appointment of an informational council and for various evaluations of the program; requires reports thereon. Allows social services districts located exterior of a city with more 2 one thousand thousand in population to establish differential response programs, with the potency of the office of children and family services. Provides factors which the office of children and family services is to apply to determine if districts may constitute a family unit cess and services rail to include: types of services and interventions to be provided families, how child safety will exist maintained, how the differential response program will raise the ability of the district to protect children, how the commune volition reduce government involvement in families while maintaining child safety, staff resources, training, customs resources, additional funding and domestic violence protocols. Applies only to cases involving allegations of abuse in family settings. Such cases shall not be reported to the statewide fundamental registry. Lists criteria for placement on the assessment runway. Prohibits kid sexual abuse and other criminal child abuse including murder, manslaughter or abandonment from placement on the assessment runway. Requires an initial safe bank check of cases included on the family assessment and services track. Specifies what is to exist included in a family assessment and services instance Allows the district to comport an investigation if necessary subsequently an initial check of a family unit assessment and services report. Brand permanent legislation permitting social services districts, with authorization from the Office of Children and Families Services (OCFS), to utilize a differential response plan for appropriate reports of abuse and maltreatment, and would make New York City eligible to participate in such programme. Section i of the neb would meliorate Social Services Law (SSL) Section 427-a to allow New York City to participate in the differential-response program, past removing the current limitation allowing merely social services districts outside a city with a population of two meg or more to participate in the program. This section also would improve Section 427-a to revise the 1-time evaluation reporting requirement, by requiring that OCFS report on the differential response program on an ongoing basis in its almanac report. Authorizes the subject of the Family unit Assessment Response (FAR) written report access to those records; authorizes court access to FAR records during the elapsing of services provided; provides for the re-disclosure of FAR records; allows records admission to a child protective services unit if the records are relevant to a kid abuse investigation or Family Court action; requires CPS to include such information in the investigation records. Requires the annual report on the operations of the state fundamental registry to include information on the racial and ethnic characteristics of families in the differential response plan. |
Due north Carolina | N.C. Gen. Stat. § 7B-300 - 311 | Enabling: 1999 HB 168 – Mandates the department to implement a "dual-response" system of child protection in a limited number of demonstration projects statewide. Requires the department and law enforcement to work together to co-investigate cases of serious abuse. Other cases receive a family assessment and services approach. Requires an assessment of the pilot'due south bear on on kid safety, response and timeliness, coordination of services and cost-effectiveness. 7B-300 – Allows the department to screen reports and perform an assessment using either a family assessment or an investigative response in club to ascertain the facts of the case, the extent of the corruption or neglect, and the risk of harm to the child to determine whether protective services should be provided. 7B-311- Requires a fundamental registry of corruption, neglect and dependency cases and child fatalities that are the event of alleged maltreatment. Requires the department to maintain a list of responsible individuals identified as the upshot of investigative assessment responses. |
Ohio | 2006 SB 238 § 3 | Enabling: Authorizes the Ohio Department of Job and Family Services to develop, on a pilot basis, an alternative response approach to reports of child corruption, neglect and dependency. Limits the pilot program to xviii months and requires an independent evaluation. Authorizes the section to prefer rules, as if they were internal management rules, every bit necessary to carry out the program. |
Oklahoma | 2012 HB 2251 | Relates to child welfare assessments and investigations, provides that whenever the Department of Human being Services determines that there is a child that meets the definition of a drug-endangered child or a child has been diagnosed with fetal alcohol syndrome, the Section shall behave an investigation of the allegations and shall not limit the evaluation of the circumstances to an assessment. |
Oklahoma | Okla. Stat. tit. 10a, § i-2-105 | Enabling: 1998 Chap. 421 – Requires the state to respond to reports of corruption and neglect with either an investigation or family cess. Requires the department to identify prevention and intervention services in the community and arrange for the provision of voluntary services. Requires county offices receiving child abuse reports to respond with an investigation of the study or an cess of the family according to priority guidelines established past the department. Specifies what the investigation or assessment is to include. Defines an assessment as a systematic process to respond to declared kid abuse co-ordinate to priority guidelines and which do not constitute a serious and firsthand threat to a child. Lists elements to be included in the assessment. Defines investigation to mean an arroyo to reply to alleged kid abuse which constitutes a serious and immediate threat to a child. Defines services not needed determination every bit no identified risk of abuse or neglect and family could benefit from services. Defines services recommended and confirmed report-services recommended but initial court intervention not required. Defines Confirmed report court intervention required to mean the child's prophylactic is threatened and the court must arbitrate. The department shall conduct assessments on reports initially referred for investigation, if it determines a complete investigation is not required. If a family continues to refuse voluntary services and it is adamant that the child needs to be protected, the department may deport an investigation. |
S Carolina | Due south.C. Code § 63-seven-10 | Enabling: 1997 Human activity 577- Authorizes the state child welfare agency to establish a pilot program under which less serious cases of child maltreatment would be assessed for service needs rather than investigated. Directs the state to interact with the community to place formal and informal services for children and families reported for abuse. Requires the department of Social Services to collaborate with the community to identify, support, and treat families in a nonthreatening way, in both investigative and family unit assessment situations. Defines a family assessment approach as stressing the safe of the child, edifice on the strengths of the family, and identifying and treating the family unit's needs in cases non requiring law enforcement involvement or the removal of the kid. |
Tennessee | Tenn. Code §§ 37-v-601 et.seq. | Enabling: 2005 Tenn. Pub. Acts, HB 447, Chap. 391 Requires that the Department of Children'southward Services establish a demonstration program for a multi-level response system that makes effective use of available community-based services. Requires gradual expansion of the demonstration program until the programme is implemented statewide. Multi-Level Response System for Children and Families Requires regular reports to the governor and legislature on implementation of the program and regular evaluations of the program'southward effectiveness. Specifies outcomes and performance indicators to exist included in the evaluations. Requires the department to screen reports involving chance of maltreatment other than concrete damage or sexual corruption to make up one's mind the appropriate level of intervention: investigation, assessment and referral to community-based services, referral for services without investigation or assessment, or no further action. Prescribes procedures for assessment and referral for services without assessment. Requires local law enforcement personnel, in jurisdictions that have implemented the multi-level response system, to assist the department, upon written request, in investigating sure cases of serious abuse or neglect. Requires training for all personnel in the demonstration areas of the program. Specifies that the training is to include information on the culturally diverse community. Requires department to offer training to providers, attorneys, prosecutors, GALs, judges and law enforcement. Authorizes a demonstration program to test a multi-level response organization designed to protect children from maltreatment, through the effective use of available customs-based services. Requires the establishment of a country advisory committee consisting of representatives from corrections, teaching, health, man services, mental health, children and youth and other country or community-based agencies. Requires the institution of an independent local advisory lath to consist of representatives from families in the community, local schools, health departments, juvenile court, commune attorney genera and police force enforcement. Describes what the family unit assessment is to consist of and how families are to be offered services, which are voluntary. If the family does not cooperate with the customs-based agency that offers services, the department shall assess whether further steps demand to exist taken including informing the family that their deportment in failing services may be considered in future action by the section. Allows the department to conduct an immediate investigation if it determines that an investigation is required. |
Texas | Tex. Fam. Lawmaking § 261.3015 2005 SB 6 | Enabling: 2005 SB 6 Sec. one.19 Flexible Response Arrangement: Authorizes the state child welfare agency to prioritize reports of child abuse according to the degree of severity of the alleged harm. Requires the state to establish a flexible response organization under which families reported for less serious corruption would be provided assessment and family preservation services. Authorizes a pilot plan to test the flexible response system. Requires the initiation of two pilot programs in which law enforcement agencies conduct investigations of kid abuse reports through agreements |
Utah | Pilot Discontinued Enabling: 2000 HB 259 | Airplane pilot Discontinued Enabling: 2000 HB 259, Chap. 228 – Child and Family Assessment (CFA) alternative response pilot project. Allows five regions to use a family assessment of needs and strengths and a more than community-based approach to working with families to help them acquire the services they need for depression-risk reports and prevention models. Establishes a pilot program for differentiated responses to child abuse and neglect reports. Requires the department to select one to iii regions for participation. Establishes criteria for determining when a family unit assessment should occur. Sets components of a family assessment. Requires an contained evaluation and a report to the Legislature. |
Vermont | Vt. Stat. Ann. tit. 33, §§ 4911 - 4923 | Enabling: 2008 HB 635 Establishes a tiered range of responses to child abuse and neglect that accept into account dissimilar degrees of child abuse or neglect. Permits the state to enter into reciprocal agreements with other jurisdictions for the purpose of investigating child abuse and fail. Establishes a tiered child protection registry that balances the need to protect children and the potential employment consequences of a registry record for persons who are substantiated for child abuse and neglect. Requires the department, upon receipt of a report of corruption or neglect, make up one's mind whether it is a valid allegation and, if and then, determine whether to bear an cess or investigation. Includes factors to be considered when making the determination to conduct an assessment (nature/extent of child's injury, alleged perpetrator'south prior history, perpetrator's willingness to cooperate) or an investigation (substantial kid endangerment including sexual corruption, abandonment, child fatality, malicious punishment, serious physical injury). Describes procedures for conducting an assessment. Describes procedures for an investigation. No finding of abuse or fail or indication of intervention is to be placed on the registry when an cess case is closed. Requires the section to document the event of the cess. Requires the department to conduct an firsthand investigation at whatever fourth dimension that it appears necessary. |
Virginia | Va. Code Ann. § 63.2-1505 to 1506 | Enabling: 1996 - HB36/SB12 Requires the Department of Social Services to constitute a three-year airplane pilot multiple response arrangement in iii to v areas of the state. Less serious reports will be discipline to a family cess and offered services through the local department or community agencies. They will non be entered into the fundamental child abuse registry. More serious reports volition be investigated in coordination with law enforcement. Defines an investigation equally the drove of information to determine if abuse occurred and risk of harm to the kid. Defines family assessments as the drove of information to determine safety needs, time to come risk of harm, service needs and an culling programme if the family refuses services. Family assessment reports are not placed on the central registry. Family tin can refuse services and the department can close the instance unless information technology finds sufficient cause that the example needs to be investigated. Family tin can reject services and the department tin close the case unless information technology finds sufficient cause that the instance needs to be investigated. |
Washington | Launder. Rev. Code § 26.44.020 et.seq. 2012 SB 6555 | Enabling: 1997 Chapter 386 – Authorizes the creation of models for alternative responses to reports of abuse and neglect. Defines "alternative response systems" as voluntary, family unit-centered services aimed at strengthening families at low risk for child corruption. Specifies that services are to be delivered by public or private providers through contracts with the state. Establishes a family unit assessment response which is a mode of responding to certain reports of child abuse or neglect using a differential response approach to kid protective services. |
Wisconsin | Wis. Stat. § 48.981 (3m) | Establishes the Culling Response Pilot Program. Requires the department develop guidelines to make up one's mind the appropriate alternative response to a report of abuse or neglect or of threatened corruption or fail, including guidelines for determining what types of abuse or neglect or threatened abuse or neglect constitute substantial corruption or fail. The department need non select to participate in the pilot program. Immediately subsequently receiving a written report, a county department that is participating in the pilot program shall evaluate the written report to determine the most advisable alternative response to the report. |
Wyoming | Wyo. Stat. § 14-3-204 | Enabling: 2005 Wyo. Sess. Laws, SF 39, Chap. 236 Provides that sure reports of severe maltreatment are to be investigated and that others are to be assigned to an assessment response. If the report is of child sexual abuse, the county must refer the report to the sheriff or police department. Substantial abuse or neglect requires an investigation. The canton must conduct a comprehensive assessment of the safety of the child if the county finds reason to suspect that abuse or neglect, other than substantial abuse or neglect, has occurred or is likely to occur, but that at that place is no immediate threat to the prophylactic of the child and his or her family unit and intervention by the juvenile court is not necessary. If the county conducts an assessment, the county is not required to refer the report to the sheriff or police department or decide whether corruption or fail has occurred or is likely to occur or whether a specific person has abused or neglected the child. Based on the assessment, the county must offering services to the child's family on a voluntary basis or refer the child'south family to a service provider in the customs. |
About This NCSL Project
The Denver-based child welfare project staff focuses on state policy, tracking legislation and providing enquiry and policy analysis, consultation, and technical aid specifically geared to the legislative audience. Denver staff tin can exist reached at (303) 364-7700 or childwelfare@ncsl.org.
NCSL staff in Washington, D.C. track and analyze federal legislation and policy and represent state legislatures on child welfare issues before Congress and the Administration. Staff in D.C. can be reached at (202) 624-5400 or cyf-info@ncsl.org.
Additional Resource
- Child Welfare Homepage
- Children and Family Enquiry Center, University of Illinois
- Kempe Center, University of Colorado, Denver
- Child Welfare Information Gateway, Differential Response to Reports of Child Abuse and Neglect
How Fast Must Ohio Child Protective Services Respond,
Source: https://www.ncsl.org/research/human-services/state-legislation-differential-response.aspx
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