Allegation of Harm #6/56
a) DEFINITION
Poison
Any substance, other than mood altering chemicals or alcohol, taken into the body by ingestion, inhalation, injection, or absorption that interferes with normal physiological functions. Virtually any substance can be poisonous if consumed in sufficient quantity; therefore, the term poison more often implies an excessive amount rather than the existence of a specific substance.
Noxious
Any substance deemed to be harmful (injurious); not wholesome.
NOTE: Ingestion of mood altering chemicals or alcohol should be coded as Allegation of Harm #15/65, Substance Misuse.
b) TAKING A REPORT
1) Acceptable Reporter/Source
Any person who has reason to believe that a child consumed poison or a noxious substance as the result of abuse or neglect may be the Reporter or Source of the CA/N report.
2) Usage
The Reporter/Source has reason to believe that a child was poisoned or ingested a noxious substance as the result of one of the following:
A) A direct action of the parent, caretaker, immediate family member, other persons residing in the home, the parent’s paramour, or other person responsible for the child’s welfare. (ABUSE)
B) The failure of the parent, caretaker, immediate family member, other person residing in the home, the parent’s paramour, or other person responsible for the child’s welfare to make reasonable efforts to stop an action by another person which resulted in the child consuming poison or a noxious substance. (ABUSE)
C) Blatant disregard of parental (or other person responsible for the child’s welfare) responsibilities which resulted in the child consuming poison or a noxious substance. (NEGLECT)
Appendix B – Procedures 300 c) INVESTIGATING A REPORT
1) Documentation/Evidence Needed to Support a Case Finding
A) Medical documentation that the child consumed a poison or noxious substance.
B) If police have conducted an investigation, the final finding must be obtained and documented. If the police report is not available, a case note must be included indicating the report has been requested along with documentation of the verbal statements. The supervisor must review the police report when it is received to ensure findings do not conflict with previously documented information received verbally.
C) Detailed explanatory statements of the victim, perpetrator, witnesses, and any other person with knowledge of the incident have been obtained. D) All other required contacts made, or documentation as to why they were
not.
E) Consults have been obtained as required.
F) For abuse (allegation 6) a medical opinion has been obtained that verifies the consumption of a poison or noxious substance was a direct action of the perpetrator or the alleged perpetrator has admitted to poisoning the child.
G) For neglect (allegation 56) a medical opinion has been obtained and states the child ingested a poison or noxious substance as a result of blatant disregard by an eligible perpetrator.
H) Any conflicting evidence has been resolved or detailed analysis of the evidence.
I) Waiver of any of the above must be given by the supervisor and documented on a SACWIS Case Note.
2) Requirements for Initial Investigation
A) Data check and Soundex of household members and other subjects regularly frequenting or living in the home.
B) Thoroughly read and review prior investigations.
C) Interview reporter, source and OPWI identified in the current report or related information.
D) In person, individual interview with the alleged child victim(s), assessment of physical injuries including photographs and/or body chart, and completion of CERAP.
E) Interview physician who treated current incident if other than reporter/source.
F) In person or phone interview with law enforcement, if police have had contact on report. This contact is to help establish the need to move to the formal investigation phase.
G) Interview DCFS or private agency caseworker if a service case is currently open.
H) In person, individual interview with parents/caretakers. Parents should be contacted on the same day as contact with child victim(s) if at all possible. If CERAP is marked unsafe, parents must be interviewed immediately to ensure the child’s safety, and the formal investigation must be commenced.
I) Interview alleged perpetrator either in person or by phone.
J) Notify Guardian ad litem if alleged child victim is DCFS ward or a ward of the court (e.g., a child home with the parent under an order of protection).
K) Waiver of any of the above contacts must be given by the supervisor and documented on a SACWIS Case Note.
3) Requirements for Proceeding to Formal Investigation A) A formal investigation must be commenced if:
i) the CERAP is marked unsafe; or
ii) there is reasonable cause to suspect that the child has consumed poison or a noxious substance as a result of a direct action (ABUSE) or failure of an eligible perpetrator to make a reasonable effort to stop an action by another person which resulted in the child abuse or blatant disregard (NEGLECT) by an eligible perpetrator; and
iii) the alleged victim is under the age of 18.
B) The decision to proceed to a formal investigation must be made within 14 days from the receipt of the report and documented on a SACWIS Case Note.
4) Requirements for Formal Investigation
A) In person, individual interview with parents/caretakers. B) In person, individual interview with alleged perpetrators.
Appendix B – Procedures 300
C) In person, individual interview with all other adults and verbal children of the victim’s household. Non-verbal children must be observed.
D) In person, individual interview with all other adults and verbal children of the perpetrator’s household. Non-verbal children must be observed. E) Observation of environment where maltreatment occurred.
F) Interview physicians directly involved with the treatment of the reported incident.
G) Interview all identified witnesses who are reported to have knowledge of the incident.
H) If the family or the subjects identify two or more possible collateral contacts, at least two must be interviewed either by phone or in person. This includes character witnesses.
I) Interview DCFS or private agency caseworker if service case is currently closed but has been open within the past two years.
J) Interview other community professionals who have first hand knowledge of the incident.
K) For children 12 and under, interview school teacher or child care provider who has knowledge of the child and/or the level of care provided to the child.
L) Interview primary care physician or physician who has seen the child in the past six months if past history of maltreatment is alleged.
M) Interview child protective services in other states in which the family members have resided in the previous five years. If history of maltreatment is uncovered, attempts must be made to gather abuse/neglect history for an additional five years.
N) Waiver of any of the above contacts must be given by the supervisor and documented on a SACWIS Case Note.
5) Required Medical Information and/or Consultations
A) The worker must ensure that the victim receives an immediate medical examination if evidence exists that the child is in need of urgent medical care.
B) Medical records of current treatment/diagnosis and relevant past treatment.
C) A medical exam is required for all formal investigations.
D) Expert opinion to verify the consumption of the poison or noxious substance.
E) A second opinion is required when:
i) the treating physicians are unable or unwilling to verify the consumption of a poison or noxious substance; or
ii) there are conflicting opinions among treating physicians; or
iii) the case has been staffed with a supervisor and, based on the totality of the information gathered, the CPSW is unable to make a well-supported finding.
Note: The opinion of the physician with the most relevant specialization and experience should be given the greatest regard.
6) Law Enforcement/State’s Attorney Involvement or Notification
A) Notification to the State’s Attorney is mandatory if protective custody is taken, or the alleged perpetrator is a paramour.
B) Notification to the State’s Attorney is mandatory on second indicated case of abuse.
7) Assessment of “Factors to Be Considered” to Support Case Finding Not applicable to this allegation.
8) Notification of Findings
A) Verbally notify the family of the recommended finding.
B) Verbally notify the mandated reporter of the recommended finding.
C) With parental consent, notify collateral contacts that were interviewed if the case is unfounded.
D) Notify the Guardian ad Litem of investigative findings if the victim is a DCFS ward or a ward of the court (e.g., a child home with the parent under an order of protection).
Appendix B – Procedures 300 This page intentionally left blank.
WOUNDS
Allegation of Harm #7/57
a) DEFINITION
A gunshot or stabbing injury. b) TAKING A REPORT
1) Acceptable Reporter/Source
Any person who has reason to believe that a child sustained a wound as a result of abuse or neglect may be the Reporter or Source of the CA/N report.
2) Usage
The Reporter/Source has reason to believe that the wound resulted from one of the following:
A) A direct action of the parent, caretaker, immediate family member, other person residing in the home, the parent’s paramour, or other person responsible for the child’s welfare. (ABUSE)
B) The failure of the parent, caretaker, immediate family member, other person residing in the home, the parent’s paramour, or other person responsible for the child’s welfare to make reasonable efforts to stop an action by another person which resulted in a wound. (ABUSE)
C) Blatant disregard of parental (or other person responsible for the child’s welfare) responsibilities which resulted in the child sustaining a wound. (NEGLECT)
c) INVESTIGATING A REPORT
1) Documentation/Evidence Needed to Support a Finding
A) Verify that the victim currently has a wound, or has been wounded in the past. Documented supervisory approval is necessary to indicate a case based on wounds not observed by the investigator (past wounds).
B) Verify the typology of the injury including the exact location of the wound, age, pattern, color, and percent of body affected.
C) Identify possible/plausible etiology (cause) based on available information (knife or gunshot).
D) Document parent/caretaker explanation including scene observation and mock demonstration.
Appendix B – Procedures 300 E) Carefully document victim’s statement. F) Document match of injury and explanations.
G) If police have conducted an investigation, the final finding must be obtained and documented. If the police report is not available, a case note must be included indicating the report has been requested along with documentation of the verbal statements. The supervisor must review the police report when it is received to ensure findings do not conflict with previously documented information received verbally.
H) If multiple alleged perpetrators are identified, circumstantial evidence that identifies the most likely perpetrator.
I) Secure evidence that the wounds are a direct result of some action by an eligible perpetrator (ABUSE) or the failure of a caretaker to stop the action of another person which results in wounds (ABUSE), or blatant disregard by a caretaker which results in wounds (NEGLECT).
J) Any other conflicting evidence has been resolved, or detailed analysis of evidence.
K) Waiver of any of the above must be given by the Child Protection Manager and documented on a SACWIS Case Note.
2) Requirements for Initial Investigation
A) Data check, LEADS check, and Soundex of household members and other subjects regularly frequenting or living in the home.
B) Thoroughly read and review prior investigations.
C) Interview reporter, source and OPWI identified in the current report or related information.
D) Interview primary care physician or physician who has seen child in past six months.
E) In person, individual interview with the alleged child victim(s), assessment of the physical injury including photographs or body chart, and completion of CERAP.
F) Observation of environment where maltreatment occurred.
G) Interview physician who treated current injury if other than reporter/source.
H) In person or phone interview with law enforcement and State’s Attorney Office.
I) Interview DCFS or private agency caseworker if a service case is currently open.
J) In person, individual interview with parents/caretakers. Parents should be contacted on the same day as contact with child victim(s) if at all possible. If CERAP is marked unsafe, parents must be interviewed immediately to ensure the child’s safety and the formal investigation must be commenced. K) Interview alleged perpetrator either in person or by phone.
L) Notify Guardian ad litem if alleged child victim is DCFS ward or a ward of the court (e.g., a child home with the parent under an order of protection).
M) Waiver of any of the above contacts must be given by the Child Protection Manager and documented on a SACWIS Case Note.
3) Requirements for Proceeding to Formal Investigation A) A formal investigation must be commenced if:
i) the CERAP is marked unsafe; or
ii) there is a determination that the child victim has a wound and there is reasonable cause to suspect that the injuries may have been the result of an action (abuse), or blatant disregard (neglect) by an eligible perpetrator; and
iii) the alleged victim is under the age of 18.
B) The decision to proceed to a formal investigation must be made within 14 days from the receipt of the report and documented on a SACWIS Case Note.
C) The allegation cannot be unfounded at the Initial Investigation without medical consultation if the child has any injury related to the allegation. 4) Requirements for Formal Investigation
A) In person, individual interview with parents/caretakers. B) In person, individual interview with alleged perpetrators.
C) In person, individual interview with all other adults and verbal children of the victim’s household. Non-verbal children must be observed.
D) In person, individual interview with all other adults and verbal children of the perpetrator’s household. Non-verbal children must be observed. E) Interview physicians with knowledge of reported injury.
Appendix B – Procedures 300
F) Interview all identified witnesses who are reported to have knowledge of the incident that resulted in a wound.
G) If the family or the subjects identify two or more possible collateral contacts, at least two must be interviewed either by phone or in person. This includes character witnesses.
H) Interview DCFS or private agency caseworker if service case is currently closed but has been open within the past two years.
I) Interview other community professionals who have knowledge of the incident.
J) For children 12 and under, interview school teacher or child care provider who has knowledge of the child and/or the level of care provided to the child.
K) Interview primary care physician or physician who has seen the victim within the past six months if past history of maltreatment is alleged.
L) Interview child protective services in other states in which the family members have resided in the previous five years. If history of maltreatment is uncovered, attempts must be made to gather abuse/neglect history for an additional five years.
M) Any conflicting evidence has been resolved or detailed analysis of the evidence.
N) Waiver of the above contacts must be given by the Child Protection Manager and documented on a SACWIS Case Note.
5) Required Medical Information and/or Consultations
A) The worker must ensure that the victim receives an immediate medical examination if evidence exists that the child is in need of urgent medical care.
B) Medical examination required if there is a current injury.
C) Medical records of current treatment/diagnosis and relevant past treatment.
D) Interview a DCFS registered nurse if they have prior knowledge. E) A second opinion is required when:
i) the treating physicians are unable or unwilling to offer an opinion regarding the cause of the injury; or
ii) there are conflicting opinions among treating physicians; or Allegation: Wounds
iii) the case has been staffed with a supervisor and, based on the totality of the information gathered, the CPSW is unable to make a well-supported finding.
Note: The opinion of the physician with the most relevant specialization and experience should be given the greatest regard.
6) Law Enforcement/State’s Attorney Involvement or Notification
A) It is mandatory that the State’s Attorney and law enforcement be notified at the time of the report.
B) In areas served by a Child Advocacy Center, the investigation must be coordinated with the center if the center is willing to work with this allegation.
7) Notification of Findings
A) Verbally notify the family of the recommended finding.
B) Verbally notify the mandated reporter of the recommended finding.
C) With parental consent, notify collateral contacts that were interviewed if the case is unfounded.
D) Notify the Guardian ad Litem of investigative findings if the victim is a DCFS ward or a ward of the court (e.g., a child home with a parent under an order of protection).
Appendix B – Procedures 300 This page intentionally left blank.