Allegation of Harm #14
a) DEFINITION
Unreasonable restriction of a child’s mobility, actions or physical functioning by tying the child to a fixed (or heavy) object, tying limbs together or forcing the child to remain in a closely confined area, which restricts physical movement. Examples include, but are not limited to:
• Locking a child in a closet or small room.
• Tying one or more limbs to a bed, chair, or other object except as authorized by a licensed physician.
• Tying a child’s hands behind his or her back. • Putting child in a cage.
b) TAKING A REPORT
1) Acceptable Reporter/Source
Any person who has reason to believe that a child was tied or closely confined 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 the child was tied or closely confined as the result of one of the following:
A) A direct action of the parent, caregiver, 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, caregiver, 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 tying or close confinement. (ABUSE)
c) INVESTIGATING A REPORT
1) Documentation/Evidence Needed to Support Finding
A) Verify that the child has been tied to a fixed or heavy object, had their limbs tied together, or had been placed in a closely confined area.
Appendix B – Procedures 300
B) Secure evidence that alleged perpetrator meets criteria of being a caretaker as defined in Appendix B of Procedures 300.
C) 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.
D) If multiple possible perpetrators are identified, circumstantial evidence which identifies the most likely perpetrator.
E) Secure evidence that the tying/close confinement is a direct result of some action by an eligible perpetrator (ABUSE), the failure of a caretaker to stop the action of another person that results in tying/ close confinement (ABUSE).
F) Specifically identify the type of maltreatment and the nature of the harm experienced including statements explaining why the restriction of movement was unreasonable.
G) For confinement cases, a detailed description of the confining space and the circumstances surrounding the confinement must be included in the investigation file including (the worker will document this information after viewing the space, documentation may not come from second hand information):
• size of the space
• access to help/assistance • heat/ventilation present
• duration and frequency of confinement • presence or absence of lighting
• reason for confinement
H) For tying cases the following information must be documented in the investigation file:
• type of material used for tying
• description of object child was tied to • access to help/assistance
• duration and frequency of tying Allegation: Tying/Close Confinement
• reason for tying
I) Verify the typology of any physical harm including the exact location of the injury, type and extent of injury, age, and pattern if multiple injuries are present (i.e. rope burns, cuts, or bruises).
J) Identify any mental injury present especially in cases of confinement over long periods of time. If harms are identified, additional allegations should be added to the report.
K) Identify possible/plausible etiology (cause) based on available information.
L) Document parent/caretaker and child’s explanation including scene observation and mock demonstration.
M) Carefully document child’s statement.
N) Use other professionals to help “match” injury with explanation. 2) Requirements for Initial Investigation
A) Data check, LEADS check, and Soundex of members of the family, 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 alleged child victim(s), assessment of physical injuries including photographs and/or body chart, and completion of CERAP.
E) Observation of environment where child was confined, tied or placed. F) If the child was injured, interview the physician who treated the injury if
other than reporter/source.
G) In person or phone interview with law enforcement, if police have had contact on current report. This contact is to help establish the need to move to formal investigation phase.
H) Interview DCFS or private agency caseworker if a service case is currently open.
I) 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.
Appendix B – Procedures 300
J) Interview alleged perpetrator either in person or by phone.
K) Notify Guardian ad Litem if alleged child victim is DCFS ward or a ward of the court (e.g., a child home with a parent under an order of protection). L) Waiver 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 determination is “unsafe”; or
ii) there is a determination that the child victim has been tied to a fixed or heavy object, had limbs tied together, or has been closely confined and there is reasonable cause to suspect that the actions were taken by an eligible caretaker; 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 perpetrator.
C) In person, individual interview with all other adults and verbal child members of victim’s household. Non-verbal children must be observed. D) Interview physician who observed current injuries (if any).
E) Interview all identified witnesses who are reported to have knowledge of the incident.
F) 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). G) Interview DCFS or private agency caseworker if service case is currently
closed but has been open within the past two years.
H) For children under the age of 12, interview school teacher or child care provider who has knowledge of the child and/or the level of care provided to the child.
I) Interview primary care physician or physician who has seen child in past six months.
J) 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.
K) 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 child victim receives an immediate medical exam if evidence exists the child is in need of urgent medical care.
B) Medical records of current treatment/diagnosis and relevant past treatment.
C) Expert opinion to match injuries/psychological damage with a potential cause (etiology) if nature of the harm is unknown or contested.
D) Consultation with physicians to assess appropriateness of additional medical tests that may be necessary to determine extent and possible consequences of maltreatment.
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
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 Notification and Involvement
A) Law enforcement and the State’s Attorney shall be notified if protective custody is taken, or the alleged perpetrator is a paramour.
B) The State’s Attorney shall be notified if the report constitutes second, or more, indicated report of abuse.
Appendix B – Procedures 300
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 ward of the court (e.g., a child home with a parent under an order of protection).