(Revision. 10/1/16)
25 U.S.C. §§ 1901–1923 Indian Child Welfare Act of 1978 (ICWA)
42 U.S.C. § 5106a(b)(2)(A) Grants to States for Child Abuse and Neglect Prevention and Treatment Programs
AS 47.10.093 Disclosure of Agency Records
AS 47.17.027 Duties of School Officials
AS 47.17.030 Action on Reports; Termination of Parental Rights
AS 47.17.033 Investigations
7 AAC 54.040 Release of Child Protection Information to Persons with Legitimate Interests
7 AAC 54.150 Disclosure of Child Protection Information to Other States
P.L 113-183 Preventing Sex Trafficking and Strengthening Families Act of 2014
To collect sufficient information regarding the allegations contained in the report to complete initial assessment to form an assessment of the family, which will then inform decisions and guide if safety interventions are needed.
In order to receive funding under the Child Abuse Prevention and Treatment Act, each state is required to operate a statewide program, relating to child abuse and neglect that includes:
procedures for reporting known or suspected instances of child abuse and neglect and procedures for the immediate screening, risk and Safety Assessment, and prompt initial assessment of such reports;
policy and procedures to address the needs of infants born and identified as being affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure; and
provisions and procedures for referral of a child under the age of 3 who is involved in a substantiated case of child abuse or neglect to early intervention services.
For any child or youth over whom the State agency has responsibility for placement, care, or supervision and who the State has reasonable cause to believe is, or is at risk of being, a sex trafficking victim (including children for whom a State child welfare agency has an open case file but who have not been removed from the home, children who have run away from foster care and who have not attained 18 years of age and youth who are not in foster care but are receiving services. The State agency shall report immediately, and in no case later than 24 hours after receiving, information on missing or abducted children or youth to the law enforcement authorities for entry into the National Crime Information Center (NCIC) database of the Federal Bureau of Investigation, established pursuant to section 534 of title 28, and to the National Center for Missing and Exploited Children.
The department is required to investigate reports of child abuse or neglect and take action, in accordance with law, that may be necessary to prevent further harm to the child or to ensure the proper care and protection of the child.
When the department has determined that an interview at school is a necessary part of an initial assessment to determine whether the child has been abused or neglected and the interview at school is in the best interest of the child, school officials shall permit the child to be interviewed at school by the department before notification of, or receiving permission from, the child’s parent, guardian, or custodian. A school official shall be present during the interview at school unless the child objects or the department determines that the presence of the school official will interfere with the initial assessment.
Immediately after conducting an interview authorized under this section, and after informing the child of the intention to notify the child's parent, guardian, or custodian, the department shall make every reasonable effort to notify the child's parent, guardian, or custodian that the interview occurred unless it appears to the department that notifying the child's parent, guardian, or custodian would endanger the child.
All investigation and assessments shall be conducted by an Office of Children’s Services (OCS) Protective Services Specialist (PSS) who has been trained to conduct child abuse and neglect initial assessments and trained in assessing safety.
Documentation will be entered into ORCA within five business days of contact with the following individuals:
Alleged victim(s);
Siblings and other children in the home;
Caregiver(s);
Alleged perpetrator; or
Collateral contacts (includes, but not limited to other household members, Tribal partners, service providers, school personnel and neighbors).
An IA involves making contact within the assigned response timelines in order to:
Gather safety-related information;
Determine present and Impending Danger (10 threats);
Determine child vulnerability;
Determine if the parent or caregiver can or cannot and/or will or will not protect;
Determine whether to substantiate or not substantiate child abuse or neglect;
Determine risk level.
Determine whether the child may be eligible for membership in an Indian Tribe.
The information gathering process requires contact with collaterals, and in most circumstances will require collaboration with other agencies and/or Tribes to gather necessary information, develop sufficient safety plan, analyze safety threats, and complete the IA and safety assessment.
PSS must quickly identify, contact, and share information with its Tribal partners, in the spirit of cooperation, to the extent permitted by law.
If the report of abuse or neglect involves an Indian child, OCS will make diligent efforts to identify the child’s Tribe, and notify the child’s Tribe or the local community Tribe of the existence of the report as soon as practicable.
Formal proof of membership is not necessary; informal verbal confirmation by an authorized Tribal representative is sufficient. OCS will invite the Tribe to participate in the initial assessment.
The PSS will collaborate with law enforcement, and military personal when necessary to complete the IA.
The PSS will meet face-to-face, and interview, the:
Alleged victim, their siblings, and other children living in the home. If the interview takes place at the child's school, then the Request to Interview letter (06-9785) will be provided to the school, and a school official will be encouraged to be present unless there is justification that presence of a the individual may be detrimental to the interview or the child objects. reasonable efforts will be made to notify the parent or guardian to inform them that the interview with the child(ren) was conducted.
Non-offending parent or caregiver and provide them with the Parent's Rights Brochure and explain that the parents have the right to not participate in the initial assessment and to have a Tribal representative present.
Other adults living in the home, the alleged perpetrator and when possible the non-custodial legal parent.
At least one home visit will occur during the IA, and the PSS will coordinate the homevisit with the child's Tribe (if applicable). The IA must be completed within 30 days of assignment.
All documentation must be entered into ORCA within 15 days of the completion of the IA.
Protective Services (PS) IVs must approve the IA or recall/return to the PS Specialist within 7 days of receiving the IA in ORCA.
Information received that indicates that a child is missing, abducted or has been a victim of sex trafficking or at risk for, will be reported immediately, within 24 hours to law enforcement for entry into the National Crime Information Center (NCIC) and the Intake Unit.