IMPACT
Out of a total 22,589 investigations of allegations of abuse in 1998, 530 or 2.3% involved foster families. Of these, 73 (less than 14%) were substantiated.
Despite these small numbers affected by allegations of abuse, the impact on the individuals is enormous. Even an investigation of an unfounded allegation leaves the family shocked, angry and depressed. Their reputation with their Agency and community can be irreparably damaged.
During an investigation, children may be removed from the home and sometimes these children don't return. Foster parents planning to adopt are now unable to do so.
Many families decide they can no longer take the risks necessary to care for foster children. Some families are, so devastated the family itself brakes down The stages of the grief process typically prevail denial, anxiety, anger, guilt, depression, and fear.
Families typically feel abandoned by their agency during an investigation. The agency must step back, try to be impartial, and cooperate with, the investigator. They cannot come to the defense of the family.
INVESTIGATION PROCESS
Foster parents are typically investigated by the Regional Office of Children, Youth and Families. An investigation will begin within 24 hours of the report. In most cases the subject of the report will receive a letter within 3 days stating that, they are being investigated.
The child involved in the allegation may be removed from the foster home if the investigator feels s/he may be at risk. Other children in the home, including birth children, may also be removed if they are perceived to be at risk.
If possible the investigator will speak with the child and the reporter, as well as the subject of the report. They will also question any others they feel may have information on the incident reported.
Reports are confidential, and the investigator will not discuss details of the investigation with others.
An investigation must be completed within 30 days from the report, unless there are extenuating circumstances to be resolved. Then the investigation must be completed within 60 days.
There may be a police investigation of the allegation at the same time as the DPW investigation. The two investigations are separate and require different levels of evidence.
RESULTS OF AN INVESTIGATION
|
The subject of the report will receive a letter stating the results of the investigation. There are
three possible findings - unfounded, indicated and founded. These last two are sometimes grouped together as substantiated.
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
The subject of the report can get a copy of the report of the investigation by writing to
the agency involved or to Childline.
If the report is indicated or founded, the Regional office staff and the agency staff will
decide on the need for services for the child and the perpetrator. The agency must also submit a plan to assure the safety of
that child and the other children in the home.
|
APPEALS
If a report is Indicated or Founded, Childline will notify the alleged perpetrator of the appeal procedure.
The subject of an indicated or founded report can appeal the decision by writing to the Secretary of Public Welfare within 45 days. The Office of Children, Youth & Families will review the investigation, make a decision, and notify the subjects of the report in writing.
This decision may be appealed by writing to the Secretary within 45 days of notification for a hearing before the Department's Bureau of Hearings and Appeals. This step is optional. the subject may bypass this review and request a hearing.
The Bureau of Hearings and Appeals will send a letter and the necessary paperwork to the subject and schedule an appointment for a pre-hearing conference. This is a telephone conference to explain the procedures, rules of evidence, and burden of proof. A hearing will be scheduled at least 30 days after the conference call.
During this hearing the alleged perpetrator has the opportunity to call witnesses, present evidence and cross examine witnesses.
The decision of the Bureau of Hearings and Appeals may be appealed by the losing party for reconsideration by the Secretary of Public Welfare within 15 days of the decision. It may also be appealed in Commonwealth court within 30 days.
The foster parent may choose to have a lawyer represent them at any stage in this process, however, a lawyer is not required.