Child Protection Hotline (CPH): Referrals Regarding Children and Nonminor Dependents in Out-of-Home Care
0050-501.25 | Revision Date: 4/22/21
Overview
This policy guide reviews the process for creating and assigning referrals when suspected abuse, neglect and/or exploitation allegations are received for children or nonminor dependents in out-of-home care, in Licensed Facilities, or on Probation. This policy applies to children that are/are not under DCFS supervision and nonminor dependents under the supervision of DCFS or Probation.
TABLE OF CONTENTS
Suspected Child Abuse or Neglect
Suspected Abuse/Neglect of Nonminor Dependents (NMDs)
Suspected Abuse/Neglect in a Licensed Facility
Suspected Abuse of Youth on Probation and in Out-of-Home Care
Definition of a Commercially Sexually Exploited Child (CSEC) Victim
Definition of a Youth At-Risk of CSEC
Abuse/Neglect Referral Regarding a Non-DCFS Supervised Child in a Licensed Facility
Abuse/Neglect Referral Regarding Youth on Probation in Out-of-Home Care
Referral Including Information Involving a Probation Youth
Version Summary
This policy guide was updated from the 04/07/17 version in order to clarify references to Structured Decision Making (SDM) in accordance with Evident Change's (formerly the National Council on Crime & Delinquency and Children’s Research Center) SDM Fidelity Review, to incorporate updated guidance for referrals regarding Commercially Sexually Exploited youth, and to reflect current procedures.
DCFS has a mandate to accept reports of suspected child abuse and/or neglect in out-of-home care, whether offered by a mandated reporter, concerned citizen, or referral by another agency. This includes youth who:
The Child Protection Hotline CSW must assess every report of suspected abuse and/or neglect in a licensed facility to determine which children are victims and/or which children are at risk. If there are children under DCFS supervision known to be in a child daycare facility, community care facility, foster home, licensed foster home, or resource family home, and there are no direct allegations of abuse and/or neglect against them, but they are considered at-risk, the Child Protection Hotline CSW must create an Information/Consultation Call Form for each CSW who has a child in the facility.
Referrals received on children who are not supervised by DCFS and have been abused and/or neglected in out-of-home care must be evaluated-out to the appropriate law enforcement agencies and cross-reported to the appropriate licensing agency.
All reports of suspected abuse and/or neglect (including incidents involving NMDs) that have occurred in licensed facilities or have allegedly been perpetrated by the staff members of licensed facilities, must be cross-reported to Community Care Licensing (CCL) by the Child Protection Hotline (CPH). CPH will also cross-report within twenty-four (24) hours to Out-of-Home Care Management Division for group homes, Short Term Residential Therapeutic Programs (STRTP), Community Treatment Facilities (CTF) or Foster Family Agencies. CPH will also cross-report to Resource Family Recruitment and Approval Division (RFRAD) and Resource Family Support and Permanency Division (RFSPD) for Resource Family Homes (RFH). CCL investigates all referrals involving Resource Family Homes (RFHs) on behalf of DCFS.
DCFS must cross-report every known or suspected incident of child abuse, exploitation, and/or severe neglect to law enforcement and the district attorney’s office immediately or as soon as practically possible after receiving the information by way of the Suspected Child Abuse Report (SCAR), and also shall send, fax, or electronically transmit a written report within thirty-six (36) hours of receiving the information concerning the incident to any agency to which it makes a telephone report. This includes all allegations of sexual abuse, physical abuse, severe neglect, emotional abuse, and exploitation. Allegations of general neglect and/or caretaker absence do not require a cross-report to law enforcement.
Incidents only involving NMDs will not be cross-reported to law enforcement unless the NMD was the victim of a crime.
Certain circumstances also require DCFS to notify a child’s attorney within specific time frames. Refer to Communication with Attorneys, County Counsel, and Non-DCFS Staff for more information.
Hospitals and detention facilities are not licensed by CCL. CCL does not have authority to investigate allegations of abuse that occur in hospital or detention facilities; therefore, DCFS does not cross-report to CCL when it receives reports of abuse, neglect, and/or exploitation that have allegedly occurred in these facilities.
If an NMD is an alleged victim of abuse, neglect, or exploitation by a licensed or approved caregiver, DCFS is authorized to evaluate for an appropriate response to the allegation to determine if the placement is safe and appropriate.
When an allegation regarding a NMD is reported to the Child Protection Hotline (CPH), a CSW Information/Consultation Call Form will be created and sent to the case-carrying CSW to complete a safety assessment of the NMDs placement. If the allegation is received outside of business hours and an immediate response is necessary, a CSW Information/Consultation Call Form will be assigned to the Emergency Response Command Post (ERCP).
Under no circumstances is a referral to be created when the NMD is the only alleged victim of suspected abuse and/or neglect. CWS/CMS does not allow the creation of a referral on a youth older than seventeen (17) years old. However, a referral must be created when other minor children in the home are alleged to be at risk or are suspected victims of abuse and/or neglect.
When it is suspected that a NMD who is living in a Supervised Independent Living Plan (SILP) is being abused, the alleged abuse should be reported to local law enforcement. Case-carrying CSWs must encourage and assist the NMD in reporting the abuse to law enforcement. This type of abuse is not reportable to Adult Protective Services as they do not serve this population of adults (unless they are also clients of Regional Center). In addition, CSWs are not required to contact the CPH to report these incidents but should consult with their assigned SCSW about documenting the allegation(s) and reporting to local law enforcement.
DCFS is required to cross-report (by telephone, fax, or electronic transmission) allegations regarding children abused and/or neglected to the appropriate licensing agency immediately or as soon as practically possible.
DCFS is also required to fax or electronically transmit a written report within thirty-six (36) hours of receiving the information concerning an incident of abuse/neglect. This includes incidents when:.
If a Case-Carrying CSW becomes aware of abuse, neglect, and/or exploitation that has allegedly occurred in a licensed facility, they must report it immediately to the Child Protection Hotline (CPH).
The CPH is responsible for assessing each report of abuse in a licensed facility to determine which children are victims and/or which children are at risk. The CPH is also responsible for cross-reporting to DCFS Out-of-Home Care Management Division (OHCMD), and law enforcement (as appropriate).
A child/youth who is described as habitually disobedient or truant and/or who has committed crimes may be placed in out-of-home care by the Juvenile Delinquency court, under the supervision of the Probation Department.
When an allegation of abuse and/or neglect is made regarding a child placed by Probation in a licensed out-of-home care setting, and that child/youth is a ward of the Delinquency Court, a referral must be made to the Child Protection Hotline. Out-of-home care settings include:
These referrals will be investigated by the Probation Department.
Once the CPH CSW screens and enters the referral information into CWS/CMS, the referral will be assigned to a designated probation inbox. It will remain open in CWS/CMS until the Probation Department has completed the investigation.
DCFS does not have the authority to investigate suspected allegations of child abuse, neglect, and/or exploitation made on a child/youth that is alleged to have been abused in Juvenile Hall, detention centers or probation camps. Such allegations are investigated by law enforcement, when appropriate. In these cases, the referral will be evaluated out and cross-reported to the appropriate law enforcement agency. Additionally, CPH will submit an electronic notification via the “ERNTFY” macro to the Probation Department as information only. The approving CPH SCSW will email the referral number to Probation’s Special Investigation Unit (SIU) at EDL-PROB SIU. If the alleged victim is over seventeen (17) years of age, CPH will generate a consultation and the approving CPH SCSW will email the consultation to the SIU.
Additionally, in cases where the alleged abuse has occurred in a probation facility, involving a ward of Delinquency Court. CPH will submit an electronic notification to the Probation Department as information only.
DCFS is the investigating agency for all Commercially Sexually Exploited Child (CSEC) referrals. First Responder Protocol (FRP) is initiated when FRP law enforcement agencies contact the Child Protection Hotline (CPH) to report CSEC with a “child in custody.” A call to the CPH that is not initiated from an identified FRP law enforcement agency is identified as a Non- First Responder (Non-FRP).
DCFS will not respond to out-of-state or out-of-county CSEC youth when the youth is transported to a juvenile detention facility. In such cases, CPH will generate an Evaluated Out referral regarding the youth and verbally cross-report the information to the county/state that has jurisdiction to offer them an opportunity to respond and investigate the circumstances. CPH will document the response of the county/state with jurisdiction and cross-report to the appropriate law enforcement agency.
It is best practice for the county with jurisdiction to respond to their CSEC youth when the youth is located in a surrounding county (Imperial, Inyo, Orange, Riverside, San Diego, Santa Barbara, San Bernardino, and Ventura). Surrounding counties shall work together in an effort to return the youth to their jurisdictional county.
Welfare and Institutions Code (WIC) 300(b)(2) describes a Commercially Sexually Exploited Child (CSEC) as a child who is sexually trafficked or who receives food or shelter in exchange for, or who is paid to perform, sexual acts and whose parent or guardian failed to, or was unable to, protect the child.
The commercial aspect of the sexual exploitation is critical to separating the crime of trafficking from sexual assault, molestation, or rape. The term “commercial sex act” is defined by the federal Trafficking Victims Protection Act (TVPA) as the giving or receiving of anything of value (money, drugs, shelter, food, clothes, etc.) to any person in exchange for a sex act. Exchanging sexual acts to meet a basic need is sometimes referred to as "survivor sex."
According to All County Letter (ACL) 15-49, a youth is considered at-risk for CSEC if the youth meets a minimum of two (2) of the following indicators:
If the out-of-home caregiver is also identified as an alleged perpetrator, select the appropriate “Perpetrator Type” for substitute care providers (SCP) when completing the allegation page.
Name |
Type of Caregiver |
Response Time |
Naming Convention |
Bob Smith |
Relative |
IR |
Smith, Bob REL – IR |
Bob Smith |
Resource Family Home |
IR |
Smith, Bob RFH – IR |
Sally Hollywood |
Foster Home |
IR |
Hollywood, Sally FP – IR |
Anna Montoya |
Foster Family Agency |
IR |
Montoya, Anna FFA – IR |
Windmill |
Group Home |
IR |
Windmill GH – IR |
Parkway | STRTP | IR | Parkway STRTP - IR |
Conduct a screening assessment to determine response and response priority decisions (if appropriate) using the structure and definitions of the SDM Hotline Tools.
Location of Child’s Placement |
Office Assignment |
San Bernardino County |
Glendora |
Riverside County |
Pomona |
Orange County |
Santa Fe Springs |
Ventura County |
West San Fernando Valley or Santa Clarita (based on the shortest distance from the office location to the placement address) |
Kern County |
Lancaster |
San Diego County |
South County |
NMD Situation Encountered |
Procedure |
Allegation regarding a NMD in a licensed facility is reported to CPH during business hours or after-hours and an immediate response is not required |
|
Allegation regarding a NMD is reported to CPH after 5:00pm, the weekend or holiday and it is an immediate response |
|
It is suspected that a NMD who is living in a Supervised Independent Living Plan (SILP) is being abused |
|
Exceptions:
Referral Situation | Referral Name |
---|---|
Child resides with parent(s), relative, nonrelative extended family member, foster home, group home, or FFA, and the alleged perpetrator is an employee for a day care Facility or Regional Center. | Use the name of the day care facility (DCF) or Regional Center (RC) and response time. |
Conduct an initial assessment of the circumstances.
Gather CSEC information, including audit review questions and determine if First Responder Protocol (FRP) or Non-First Responder Protocol (Non-FRP) should be followed.
Contact Los Angeles County Probation Intake Detention Control (IDC) at 323-226-8506 to determine the youth’s Probation status.
For allegations involving more than one (1) DCFS dependent placed in a group home or STRTP, a separate referral must be created for each alleged victim with an open case.
Generate referral as an Immediate Response unless:
Complete an Expedited Response form when the child is in law enforcement custody.
Utilize the following naming convention for youth living in various living situations: Last name, first name, type of caregiver, and response time.
Complete an Expedited Response form when the child is in law enforcement custody.
If the youth has an open case assigned to the CSEC Unit, assign the Expedited Response to MART Unit.
If the referral is FRP, assign the Expedited Response and referral to the MART Unit.
After hours, weekends, and holidays, assign to ERCP.
Flag the referral as “Commercially Sexually Exploited Child-FRP” or “Commercially Sexually Exploited Child-Non-FRP” on the Screener Alert and Screener Narrative.
The primary allegation is “exploitation.” Include any other allegations, as applicable.
Select “general neglect” only if there are allegations against the parent/legal guardian or if there are allegations against the placement. Cross-report to OHCMD, RFSPD, or CCL, when applicable.
Select “S-CSEC” on the Special Project tab.
Send all case-carrying CSWs, secondary CSWs, and their respective SCSWs a CSW Information/Consultation Call form that notifies the CSW of the referral that was created.
Emergency Response Document
Screener Narrative
SS 8572, Suspected Child Abuse Report
CSW Information/Consultation Call
0050-503.15, Response Times to Referrals
0050-504.05, Referral Assignment Criteria
0070-548.08, NonminorDependent Safety Assessment
0070-548.24, Structured Decision Making (SDM)
0100-560.40, Supervised Independent Living Placement
All County Letter (ACL) 06-15 – States the requirements for the Investigation of Child Abuse Allegations Regarding Probation Wards in Out-of-Home Placement.
ACL 15-49 – Provides instruction on how to properly document within CWS/CMS children and youth who are, or are at risk of being, commercially sexually exploited and explains when and how to use the existing “Exploitation” abuse category and the statewide Special Project Codes (SPCs) to capture this information.
CDSS MPP Division 31-405 – In part, sets forth the protocols for receiving and responding to child abuse referrals.
MOU: Requirements for the Investigation of Child Abuse Allegations Regarding Probation Wards in Out-of-Home Placement.
Penal Code (PEN) Section 11165.5 – Provides the definition of abuse or neglect in out-of-home care.
PEN Section 11165.6 – Provides the definition of child abuse or neglect.
PEN Section 11165.9 – Provides regulations pertaining to reports of suspected child abuse or neglect to agencies designated by the county to receive such reports.
PEN Section 11165.11 – Provides the definition of licensing agency.
PEN Section 11166 – Provides regulations pertaining to reporting child abuse or neglect and mandatory reporters.
PEN Section 11166(j) – Sets forth reporting responsibilities for CPS to cross-report to law enforcement.
PEN Section 11166.2 – Reporting requirements of child abuse or neglect while the child is being cared for in a child day care facility.
Welfare and Institutions Code (WIC) 300(b)(2) – Describes sexual trafficking and commercially sexually exploited children.
WIC 601 – States, in part, that a child who is habitually disobedient or truant is within the jurisdiction of the Juvenile court which may adjudge the minor to be a ward of the court.
WIC 602 – States, in part, that a child who commits a specifically criminal offense may be within the jurisdiction of the juvenile court, which may adjudge such person to be a ward of the court.
WIC 16504 – In part, states that any child reported to the county welfare department to be endangered by abuse, neglect, or exploitation shall be eligible for initial intake and evaluation of risk services. Each county welfare department shall maintain and operate 24-hour response system.
WIC 16504(c) – In part, states that any nonminor dependent child reported to the county welfare department to be endangered by abuse, neglect, or exploitation by a licensed or approved caregiver while in a foster care placement shall be eligible for evaluation of risk services.