5.4 Change to Investigation Response
In a small percentage of reports it will be determined that it is more appropriate for a family assessment report to be handled through the investigation approach and vice versa. The statute requires reports to be transferred, as appropriate.
Careful initial screening will help keep transfers to an acceptable minimum. Some reports, however, will transfer due to information obtained during the family assessment or investigation.
When such transfers are made, they are to be done in the least disruptive way possible for the family and should minimize service delivery interruption.
If, during the family assessment, it is determined that the report meets the investigation parameters and would more appropriately be handled as an investigation, the report shall be switched. Depending on local protocol, the Children’s Service Worker conducting the investigation or family assessment may, with the approval of their supervisor, and dependent on local protocol, make the decision to change without going back through the initial screener(s).
If the worker believes a report should be switched to an investigation from a family assessment because of new information received, and if true, would constitute a suspected law violation, law enforcement must be contacted immediately. If law enforcement does not assist, pursuant to (210.109.3(4), RSMo), they are required to provide a written explanation within 24 hours, detailing the reasons they were unable to assist. The worker shall document on the CPS-1, their effort to involve law enforcement, but will not delay the conclusion of a CA/N report in the event that the explanation has not been received from law enforcement.
In determining if a report should be switched from a family assessment to investigation, staff must determine if there is an indication of a criminal violation or risk related to abuse or neglect (and the parents/caretaker refuses to cooperate) that warrants law enforcement involvement. Also, staff should consider if they believe the alleged perpetrator may be a threat to other children, especially outside the home.
In reports where the family refuses to allow the Division to interview the child or otherwise refuses to cooperate, and collateral contacts and other information obtained convinces the Children’s Service Worker that risk of abuse or neglect exists for the child, the report must be switched to the investigation track. This information is provided in the Description of the Family Assessment (CS-24a), which is given to the family at the beginning of the family assessment. If the family initially refuses to allow the Division to interview the child, but following law enforcement/juvenile court intervention assistance the child is assessed to be safe by Division staff, the family assessment can be concluded (Conclusion L - “Family Assessment- Not Cooperative/Child Safe”).
If a change is made from a family assessment to an investigation, a Description of the Investigation Process (CS-24) will be provided to the parties to the investigation at the first contact after the decision is made. The outcome of the investigation will be provided by an Investigation Disposition Form Letter (CS-21). Non-custodial parents shall be made aware of the pending investigation, and shall also receive a CS-21 concerning the disposition of an Investigation.
The decision to change investigative tracks is documented on the CPS Screening Classification Form (CS-27) and the CPS-1. The ATRU Screen must be updated to reflect the change, the date the change was made, and the reason for the change (on the Comment Screen). If it is decided to change tracks before the initial screening code is entered in the system, both the initial screening code and subsequent ones shall be entered in the system for evaluation purposes.
If, during a family assessment, information results in a new serious allegation, the report shall be switched to an investigation and staff shall decide if a new report should be made for documentation purposes. The investigator will update the CA/N-1 to reflect the correct information, i.e., allegation, alleged perpetrator, victim(s), etc.
The following questions may be helpful in determining if a track change should be made:
- Would allegations, if true, constitute a criminal act?
- How long would the family need our involvement?
- Would it better serve the family to switch to an investigation?