Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 15 - Children and Family Services › Rule 016.15.17-001 - Internal Review of Assessment Decisions

Current through Register Vol. 49, No. 6, June, 2024
Child welfare is a complex field due to the
				multitude of individual, family, and community dynamics that not only affect
				how families raise their children, but how child welfare staff who also come
				from varied backgrounds and experiences assess child and family functioning. As
				such, the Division of Children and Family Services (DCFS) has an internal
				review process for assessment decisions given that one individual may perceive
				an allegation of maltreatment or risks differently from another individual
				despite consistent training.
A DCFS Family Service Worker (FSW), supervisor, or
				an Office of Chief Counsel (OCC) attorney may request the Division Director or
				designee to allow an internal review of assessment decisions if he or she
				believes:
A.
A child in the custody of the Department can be returned safely to
			 his or her home; or,
B.
A child has not been taken
			 into the Department's custody even though the child cannot remain safely in his
			 or her home-No adverse action will be taken against an employee for requesting
			 an internal review of assessment decisions as outlined in this policy and
			 related procedures. However, employees who request an internal review of
			 assessment decisions are not absolved from discipline for other actions, as
			 appropriate, that fall outside of a request for an internal review of
			 assessment decisions
-
Requests for an internal review
			 of assessment decisions will be made in writing via email to the Division
			 Director or designee. The Division Director or designee will approve the
			 request for an internal review of assessment decisions, as appropriate, within
			 one business day. The Division Director or designee may ask the requestor for
			 additional information regarding the need for an internal review of assessment
			 decisions as needed.
When the Division Director or designee grants
				approval for an internal review of an assessment decision, the Division
				Director or designee will immediately select and notify in writing via email
				the following staff to review the assessment decision and determine the course
				of action to be taken:
A.
Two Area Directors who have no
			 previous involvement with the case; and,
B.
A County Supervisor who has no
			 previous involvement with case and who does not report to either of the
			 selected Area Directors.
The Division Director or designee will also provide
				the information submitted by the requestor of an internal review of an
				assessment decision to the selected internal review
				committee.
If any of the selected Area Directors and County
				Supervisor cannot serve on the assessment decision internal review committee
				due to a conflict of interest or any other extenuating circumstance, he or she
				will notify the Division Director of the conflict in writing via email within
				twenty-four hours of the receipt of notification to serve on the internal
				review committee. If the Division Director or designee agrees that the selected
				staff member cannot serve on the assessment decision internal review committee,
				then the Division Director or designee will immediately, but no later than 24
				hours, select and notify another staff member of an equal position in writing
				via email.
The selected Area Directors and County Supervisor
				are responsible for coordinating with each other to schedule the internal
				review committee meeting. Within two business days of receiving notification
				from the Division Director or designee to serve on the internal review
				committee, the selected Area Directors and County Supervisor will hold the
				assessment decision internal review. This committee will participate in the
				internal review in person at an agreed upon location or via conference
				call.
The committee will provide written notice via
				email of the date, time, location, and conference call information, if
				applicable, of the internal review to the:
A.
DCFS FSW, DCFS
			 Supervisor, or OCC attorney who submitted the request for an internal review of
			 assessment decisions;
B.
Primary FSW involved in
			 the investigation and/or case, if different from the
			 requestor;
C.
Direct supervisor of the primary FSW involved in the
			 investigation and/or case, if different from the
			 requestor;
D.
Local OCC attorney involved in the investigation or case, if
			 different from the requestor;
E.
Area Director of the
			 primary FSW and his/her direct supervisor (for information purposes
			 only);
F.
DCFS Assistant Director of Community Services or designee
			 (for information purposes only); and,
G.
Division Director or
			 designee (for information purposes only).
The individual who submitted the request for
				an internal review of assessment decisions as well as the other field staff
				involved (primary FSW and direct supervisor) will attend the internal review in
				person or by conference call to present their positions regarding the
				investigation and/or case and to answer any questions the internal review
				committee may pose. If any of these individuals are unable to participate in
				the internal review, they may submit any information requested by the committee
				in writing prior to the internal review-After listening to all presentations
				and responses to any questions, and/or reviewing any additional written
				information submitted regarding the assessment decision, the internal review
				committee will determine, as applicable, if:
A.
A child in the custody
			 of the Department maybe returned to his or her home (with court
			 approval);
B.
The Department will take a 72-hour hold on a child
			 determined by the internal review committee as not able to remain safely in his
			 or her home; or,
C.
No action will be
			 taken.
The internal review committee will select a
				member of that committee to notify all appropriate individuals of their
				decision in writing within two hours of adjournment of the internal review
				committee. The internal review committee will determine the timeframe in which
				any necessary action resulting from its decision will take place, not to exceed
				twenty-four hours. For situations in which the committee determines a child in
				the custody of the Department may be returned home, this will include notifying
				with the local OCC attorney to request a hearing to ask for court approval to
				return the child home.
PROCEDURE IX-A1: Request for an Internal
				Review of an Assessment Decision
07/2017
The DCFS FSW, DCFS Supervisor, or OCC attorney
				requesting an internal review of an assessment decision
				will:
A.
Email the Division Director and copy the Assistant Director of
			 Community Services requesting an internal review of an assessment decision as
			 soon as the individual has reasonable cause to believe:
1)
A child in the custody of the
			 Department can be returned safely to his or her home;
			 or,
2)
A
			 child has not been taken into the Department's custody even though the child
			 cannot remain safely in his or her home.