Iowa Admin. Code r. 441-175.25 - Assessment process
A
(1)
Observing and evaluating the
child's safety. A safety assessment and risk assessment will be
completed during the course of a child abuse assessment or family assessment .
a. During a child abuse assessment , when
there is an immediate threat to the child's safety, reasonable efforts shall be
made to observe the alleged child victim and evaluate the safety of the child
named in the report within one hour of receipt of the report of suspected child
abuse . Otherwise, reasonable efforts shall be made to observe the alleged child
victim and evaluate the child's safety within 24 hours of receipt of the report
of suspected child abuse .
(1) When the alleged
perpetrator clearly does not have access to the alleged child victim,
reasonable efforts shall be made to observe the alleged child victim and
evaluate the child's safety within 96 hours of receipt of the report of
suspected child abuse .
(2) When
reasonable efforts have been made to observe the alleged child victim within
the specified time frames and the worker has established that there is no risk
to the alleged child victim, the observation of the alleged child victim may be
delayed or waived with supervisory approval.
b. During a family assessment , reasonable
efforts shall be made to observe the alleged child victim and evaluate the
child's safety within 72 hours of receipt of the report of suspected child
abuse .
(1) When reasonable efforts have been
made to observe the alleged child victim within the specified time frame and
the worker has established that there is no risk to the alleged child victim,
the observation of the alleged child victim may be delayed or waived with
supervisory approval.
(2) If at any
time during a family assessment a child is determined unsafe or in imminent
danger , it appears that the immediate safety or well-being of a child is
endangered, it appears that the family may flee or the child may disappear, or
that the facts otherwise warrant, the department shall immediately commence a
child abuse assessment as defined in Iowa Code section
232.71B
as amended by 2013 Iowa Acts, House File 590.
(3) If the department determines that safety
issues continue to require a child to reside outside of the child's home at the
conclusion of a family assessment , the department shall transfer the assessment
to the child abuse assessment pathway for a disposition.
c. If the department has reasonable cause to
believe that a child or youth for whom the department has responsibility for
placement, care, or supervision is or is at risk of being a victim of sex
trafficking or a severe form of trafficking in persons, the department must
identify that child or youth as such, document it in agency records, and
determine appropriate services, in accordance with 42 U.S.C. Section 671(a)(9)(C). Additionally, the department shall report the child or youth
immediately, and in no case later than 24 hours, to law enforcement
authorities, in accordance with 42 U.S.C. Section 671(a)(34).
(2)
Interviewing the
alleged child victim. The primary purpose of an interview with the
child, during the course of a child abuse assessment or family assessment , is
to gather information regarding the abuse allegation , the child's immediate
safety, and risk of abuse. During a child abuse assessment , the child
protection worker shall also identify the person or persons responsible for the
alleged abuse as well as the nature, extent, and cause of injuries, if any, to
the child named in the report of suspected child abuse .
(3)
Interviewing subjects of the
report and other sources.
a. During
a child abuse assessment , attempts shall be made to conduct interviews with
subjects of the report and persons who have relevant information to share
regarding the allegations. This may include contact with physicians to assess
the child's condition. The child's custodial parents or guardians and the
alleged perpetrator (if different) shall be interviewed or offered the
opportunity to be interviewed. The court may waive the requirement of the
interview for good cause.
b. During
a family assessment , the child's custodial parents or guardians shall be
interviewed or offered the opportunity to be interviewed. The child protection
worker may request information from any person believed to have knowledge
regarding a child named in an assessment . A family assessment requires the
cooperation of the family; should a family choose not to participate, the
department is required to transfer the assessment to the child abuse assessment
pathway for a disposition.
(4)
Gathering of physical and
documentary evidence. During a child abuse assessment , evidence shall
be gathered from, but not be limited to, interviews, observations, photographs,
medical and psychological reports and records, reports from child protection
centers, written reports, audiotapes and their transcripts or summaries,
videotapes and their transcripts or summaries, or other electronic
forms.
(5)
Evaluating the
home environment and relationships of household members. An evaluation
of the home environment shall be conducted during the course of an assessment
with the consent of the parent or guardian. If permission is refused, the
juvenile court may authorize the worker to enter the home to observe or
interview the child.
a. If protective
concerns are identified, the child protection worker shall evaluate the child
named in the report and any other children in the same home as the parents or
other persons responsible for their care.
(1)
Each assessment shall include a full description of observations and
information gathered during the assessment process. This description shall
provide information which evaluates the safety of the child named in the
report.
(2) If the child protection
worker has concerns about a child's safety or a family's functioning, the
worker shall conduct a more intensive assessment until those concerns are
addressed.
b. When an
assessment is conducted at an out-of-home setting, an evaluation of the
environment and relationships where the abuse allegedly occurred shall be
conducted.
c. The child abuse
assessment shall include a description of the name, age, and condition of other
children in the same home as the child named in the report.
(6)
Evaluating the
information. During a child abuse assessment , evaluation of
information shall include an analysis, which considers the credibility of the
physical evidence, observations, and interviews, and shall result in a
conclusion of whether or not to confirm the report of suspected child
abuse .
(7)
Determining
placement on central abuse registry. During a child abuse assessment ,
a determination of whether the report data and disposition data of a confirmed
case of child abuse is subject to placement on the central abuse registry
pursuant to Iowa Code section
232.71D
shall be made on each assessment . Determining placement on the central abuse
registry is not applicable in a family assessment .
(8)
Service recommendations and
referrals. During or at the conclusion of a child abuse assessment or
a family assessment , the department shall consult with the child's family to
offer services to the child and the child's family which address strengths and
needs identified in the assessment . The department may recommend information,
information and referral, commimity care referral, or services provided by the
department . If it is believed that services are necessary for the protection of
the abused child or other children in the home , juvenile court intervention
shall be sought.
a.
Information or
information and referral
(1) Either
information or information and referral shall be offered when:
1. A family assessment has identified the
child to be at low risk of future abuse or neglect; or
2. A child abuse assessment has identified
the abuse is not confirmed and the child is believed to be at low risk of
future abuse or neglect; or
3. A
child abuse assessment has identified the abuse is confirmed and not placed on
the registry and the child is believed to be at low risk of future abuse or
neglect.
(2)
Recommendation options for information and information and referral.
1. When no service needs are identified, the
worker may recommend no service; or
2. When service needs are identified, the
worker may recommend new or continuing services to the family to be provided
through informal supports; or
3.
When service needs are identified, the worker may recommend new or continuing
services to the family to be provided through community
organizations.
b.
Referral to community
care.
(1) A referral to community
care shall be offered when:
1. A family
assessment has identified the child to be at moderate or high risk of future
abuse or neglect; or
2. A child
abuse assessment has identified the abuse is not confirmed and the child is
believed to be at moderate or high risk of future abuse or neglect;
or
3. A child abuse assessment has
identified the abuse is confirmed and not placed on the registry and the child
is believed to be at moderate risk of future abuse or neglect.
(2) Referral to community care not
offered. A referral to community care shall not be offered when any child in
the family has an open child welfare service case with the department , a child
in need of assistance petition was filed or is pending, or if the abuse
occurred in an out-of-home setting.
(3) Responsibilities for community care
referral.
1. At the conclusion of a family
assessment , the department shall transfer the case , if appropriate, to a
contracted provider to review the service plan for the child and
family.
2. The contracted provider
shall make a referral to the department abuse hotline if a family's
noncompliance with a service plan places a child at risk.
* If any of the criteria for child abuse as defined in Iowa
Code section
232.68 are met, the
* If criteria for a child in need of assistance as defined in
Iowa Code section
232.2(6) are met, the
c.
Referral
for department services.
(1) The
department shall provide or arrange for and monitor services for abused
children and their families on a voluntary basis or under a final or
intermediate order of the juvenile court when:
1. A child abuse assessment has identified
the abuse is confirmed and not placed on the registry and the child is believed
to be at high risk of future abuse or neglect; or
2. A child abuse assessment has identified
the abuse is founded.
(2) The worker shall recommend new or
continuing services to the family to be provided by the department , either
directly or through contracted agencies.
(3) Families that refuse voluntary services
shall be referred for a child in need of assistance petition through juvenile
court.
(9)
Court action following assessment . If, upon completion of an
assessment performed under Iowa Code section
232.71B
as amended by 2013 Iowa Acts, House File 590, the department determines that
the best interests of the child require juvenile court action, the department
shall act appropriately to initiate the action.
a. If at any time during the assessment
process the department believes court action is necessary to safeguard a child,
the department shall act appropriately to initiate the action.
b. The department shall assist the juvenile
court or district court during all stages of court proceedings involving an
alleged child abuse case in accordance with Iowa Code section
232.71C
as amended by 2013 Iowa Acts, House File 590.
Notes
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