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What Happens After
a Report is Made
The assessment process that DHS utilizes for reports of child
abuse consists of (IDHS, 2005):
Intake
The purpose of intake is to obtain information to ensure
that reports of child abuse meeting the criteria for assessment
are accepted and reports that do not meet the legal requirements
are appropriately rejected. DHS policy is to accept a report
when there is insufficient information to reject it. The DHS
decision on whether to accept or reject a report of child
abuse is to be made within a 1-hour or 12-hour time
frame from receipt of the report, depending on the information
which is provided and the level of risk to the child. When
a report indicates that the child has suffered a "high-risk"
injury or there is an immediate threat to the child, the Department
acts immediately to address the child's safety. The decision
to accept the report of child abuse is made within one hour
from receipt of the report. When a report indicates that the
child has been abused, but it is not considered a "high risk"
injury or there is no immediate threat to the child,
DHS still acts promptly. The decision to accept the report
of child abuse and supervisory approval on that decision are
made within 12 hours from receipt of the report. When
the report does not meet the criteria to be accepted,
such as the person alleged responsible is not a caretaker,
and the report alleges the child is not considered to be at
"high risk," a supervisor reviews and approves the decision
to reject the report of child abuse within 12 hours
from receipt of the report.
Case Assignment
The primary purpose of the assessment is to take action to
protect and safeguard the child by evaluating the safety of
and risk to the child named in the report and any other children
in the same home as the parents or other person responsible
for their care. When a report indicates that the child has
suffered a "high risk" injury or there is an immediate threat
to the child, DHS must act immediately to address the child's
safety. The case must be assigned immediately. When
a report indicates that the child has been abused but it is
not considered a "high risk" injury or there is no immediate
threat to the child, DHS must still act promptly. The case
must be assigned within 12 hours from receipt of the report.
Evaluation of the Alleged Abuse
During the evaluation process, DHS gathers information about
the allegations of child abuse, as well as the strengths and
needs of the family, through:
- Observing the alleged child victim;
- Interviewing subjects of the report and other sources;
- Gathering documentation; and
- Evaluating the safety of and risk to the child.
Determining if Abuse Occurred
After gathering necessary information from observations,
interviews and documentation, and after assessing the credibility
of subjects of the report, collateral contacts and information,
DHS must determine whether or not abuse occurred. Each category
or subcategory of child abuse requires that specific criteria
be met in order to conclude that abuse occurred. This determination
is based on a "preponderance" of credible evidence, defined
as greater than 50% of the credible evidence gathered.
The child protective worker must make one of the following
conclusions regarding a report of child abuse:
- Not confirmed: Based on the credible evidence gathered,
DHS determines that there is not a preponderance of available
credible evidence that abuse did occur.
- Confirmed (but not placed on the Central Child
Abuse Registry): Based on a preponderance of all of the
credible evidence available to DHS, the allegation of abuse
is confirmed; however, the abuse will not be placed on the
Central Child Abuse Registry.
- Founded: Based on a preponderance of credible evidence
available to DHS, the allegation of abuse is confirmed and
it is the type of abuse that requires placement on the Central
Child Abuse Registry.
Only two types of abuse may be confirmed but not placed on
the Central Child Abuse Registry. This includes physical abuse
where the injury was nonaccidental and minor, isolated, and
unlikely to reoccur and denial of critical care (lack of proper
supervision or lack of adequate clothing) where the risk to
the child's health and welfare was minor, isolated and is
unlikely to reoccur. If the abuse was minor, isolated, and
unlikely to reoccur, the abuse may not be placed on the Registry.
Placing a Report on the Central
Child Abuse Registry
The Central Child Abuse Registry was established by Iowa
law and is maintained by the Department of Human Services.
The Central Child Abuse Registry serves several functions.
It gathers information about child abuse cases in Iowa, records
repeat occurrences of child abuse, records dissemination of
child abuse, collects information for appeals, and provides
background checks for certain professionals.
After a decision is made that a report of child abuse is
confirmed, DHS makes a determination about whether the report
must be placed on the Central Child Abuse Registry. When a
report of child abuse is placed on the Central Child Abuse
Registry, the child's name, the names of the child's parents,
and the name of the perpetrator of the abuse are all entered
into the Registry. Placing the name of a person responsible
for the abuse of a child on the Registry may affect employment,
registration, and licensure opportunities for that person.
"Founded" reports must be placed on the Central Child Abuse
Registry. A report that is not confirmed cannot be placed
on the Registry.
Assessment of Family Strengths and
Needs
The assessment process requires an evaluation of the family's
functioning, strengths, and needs. The family's participation
is essential. Information is gathered from family members
to identify strengths, possible rehabilitation needs of the
child and family, and develop the plan of action. The process
usually includes a visit to the home. As part of the evaluation
of the family functioning, the Department gathers information
on: Home environment; parent or caretaker characteristics;
child characteristics; domestic violence and substance abuse;
and social and environmental characteristics.
Preparing Forms and Reports
Multiple reports and forms that provide notification and
other relevant information include: Notice of Intake Decision,
Parental Notification, Child Protective Services Assessment
Summary, Notice of Child Abuse Assessment.
Mandatory reporters can expect to receive Notice of Intake
Decision within 24 hours of making the report, written
notification of intake decision sent within 5 working days,
outcome notification of assessment is to be sent within 20
working days, and a copy of the founded abuse report if requested.
Custodial and non-custodial parents receive Parental Notification
that a child abuse assessment is being conducted within 5
working days of the report. DHS is required by Iowa law to
notify parents.
The Child Protective Services Assessment Summary provides
documentation of efforts to assess the abuse allegations and
to assess the child and family functioning. The Child Protective
Services Assessment Summary is available to the mandatory
reporter who made the report, upon request. The custodial
and noncustodial parents are provided a copy of the summary
at the completion of the assessment. The safety and risk assessment
can be released only with the permission of the subjects.
The Summary includes report and disposition information
divided in several sections:
- Abuse reported;
- Assessment of child safety;
- Summary of contacts;
- Determination if the abuse occurred;
- Rationale for placement or non-placement on the Central
Child Abuse Registry;
- Recommendations for juvenile court action;
- Recommendations for criminal court action.
The Notice of Child Abuse Assessment indicates:
- Indicates that the assessment process is concluded and
whether the allegations of abuse were founded, confirmed
or not confirmed.
- Lists the recommendation for services and juvenile or
criminal court.
- Provides information regarding confidentiality provisions
related to child abuse assessment information and how to
request an appeal hearing.
- Provides information on how to obtain copies of the Child
Protective Assessment Services Summary. Mandatory reporters
may use the notice form to request a copy of the written
summary of the assessment of their allegations of abuse.
Law Enforcement Involvement
Law enforcement may become involved in a child abuse assessment
at any time. Cases of child prostitution, homicide, sexual
abuse and severe trauma require a joint assessment by law
enforcement personnel and the DHS.
Protective Custody of a Child
Iowa laws provide for a child to be placed in protective
custody in various situations. DHS does not have a statutory
authority to simply "remove" a child from a parent or other
caretaker. The procedures for a child to be placed in protective
custody are outlined in Iowa Code sections 272.78 through
232.79A.
Assessment workers do not have the legal authority to remove
children from their home without a court order or parental
consent. Only a peace officer or a physician treating a child
may remove a child without a court order if the child's immediate
removal is necessary to avoid imminent danger to the child's
life or health. There are four legal procedures for the emergency
temporary removal of a child:
- Emergency removal by an ex parte court order
- Emergency removal of the child by a peace officer
- Emergency removal of the child by a physician
- With parent's consent
Continue to After
the Assessment Process
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