2.2.6.1 Maltreatment Findings

This policy applies to Initial Assessments that are approved after 2/2/2015.

(Revision. 5/16/15)

Authority:Authority:

AS 47.17.025 Duties of Public Authorities

AS 47.17.030 Action on Reports; Termination of Parental Rights

AS 47.17.033 Investigations and Interviews

7 AAC 54.255 Children’s Services Grievance Procedures

42 U.S.C. 5106a(b)(2) Grants to States for Child Abuse Prevention and Treatment Programs

AS 47.10.093 (b)(9) Disclosure of Agency Records

 

Purpose:Purpose:

Establish clear, consistent, and reliable findings on all allegations of maltreatment.

 

Background Information:Background Information:

Federal Law:

  1. 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:

    1. procedures for the immediate screening, risk and Safety Assessment, and prompt investigation of reports of child abuse and neglect; and

    2. provisions, procedures, and mechanisms by which individuals who disagree with an official finding of child abuse or neglect can appeal such finding.

State Law:

  1. 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.

  2. After receiving a report of harm, whether or not the matter is referred to a local government agency, the department shall notify the person who made the report and who made a request to be notified about the status of the investigation, without disclosing any confidential information.

  3. When an investigation has been completed, and the person who made the report is a person who is mandated to report suspected child abuse or neglect, the department will inform the person that the investigation was completed and of action taken to protect the child who was the subject of the report.

  4. An individual who disagrees with a decision by the department that the person has a substantiated finding of child maltreatment may request a review by the Office of Administrative Hearings.

  1.  

Policy:

  1. At the conclusion of an Investigation and Assessment (IA), each allegation of maltreatment identified in the Protective Services Report (PSR) or during the IA needs a documented finding in ORCA of either substantiated, not substantiated, or closed without a finding.

  2. A substantiated finding is one where the available facts gathered from the IA indicate that more likely than not, a child has been subjected to maltreatment under circumstances that indicate the child’s health or welfare is harmed or threatened thereby. See AS 47.17.290(3) and (9). See also AS 47.10.011. A child’s welfare is always threatened by sexual abuse and by abandonment. Where physical abuse of a child is alleged, the Protective Services Specialist (PSS) will consider whether the acts constitute either of the following:

    1. Reasonable Parental Discipline; or

    2. Protection of self from imminent physical harm.

  3. A not substantiated finding is one where the available facts gathered from the IA indicate more likely than not, a child has not been subjected to maltreatment.

  4. A closed without finding is one where the family cannot be located, a child’s safety, well-being, and functioning cannot be assessed, or the Tribe has exclusive Jurisdiction of the case. Prior to closing a case without a finding, efforts must be made to locate the family and interview the alleged victim.

  5. The Maltreatment Assessment Protocol (MAP) (06-9710) will be completed to determine if the alleged maltreatment is substantiated, not substantiated, or closed without finding.