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COMPLAINT PROCESS
WV DHHR CPS West Virginia Department of Health and Human Resources Child Protective Services this page is http://www.geocities.com/family_rights_wv/cps/cps_complaint.html
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| CPS POLICY UPDATED: WV DHHR CPS policy
updated June 2004 http://www.wvdhhr.org/bcf/children_adult/cps/policy/NewCPSPolicy6-2004.pdf UPDATED CPS POLICY REVISED JUNE 2004 http://www.wvdhhr.org/bcf/children_adult/cps/policy/NewCPSPolicy6-2004.pdf or this is available on http://www.geocities.com/family_rights_wv/cps/newcpspolicy6-2004.pdf CHILD PROTECTIVE SERVICES SECTION VI ( General Information) 6.1 Appeals and Grievances [Complaint Process ] At any time that the DHHR is involved with a client, the client (adult or child), or the counsel for the client has a right to express a concern about the manner in which they are treated, including the services they are or are not permitted to receive. Whenever a parent, child, or counsel for the parent or child has a complaint about CPS or expresses dissatisfaction with CPS, the worker will: ! explain to the client the reason for the action taken or the position of the DHHR which may have resulted in the dissatisfaction of the client. ! if the situation cannot be resolved, explain to the client his/her right to a meeting with the supervisor. ! assist in arranging for a meeting with the supervisor. The supervisor will: ! review all reports, records and documentation relevant to the situation. ! determine whether all actions taken were within the boundaries of the law, policy and guidelines for practice. ! meet with the client. ! if the problem can not be resolved, provide the client with the form, “Client and Provider Grievance Hearing Request”, SS-28. ! assist the client with completing the SS-28, if requested. ! Submit the form immediately to the Chairman, State Board of Review, DHHR, Building 3, Capitol Complex, Charleston, WV 25305. (For more information on Grievance Procedures for Social Services, please see DHHR Common Chapter Manual, Chapter 700, Appendix C.) [Access to Records ] 6.2 Confidentiality The confidential nature of child abuse and neglect records is governed by Chapter 49-7-1 of the Code of West Virginia. In general, the child welfare records of DHHR must be maintained in a confidential manner. The information you have generated belongs to the client. Therefore, they have the right to read their case record at any time in accordance with law and policy. Information, judgments, and beliefs about clients should be shared with them in an open and honest manner. All information should be handled in a respectful and confidential manner. The information generated within DHHR pertaining Page 109 of 116 to a child belongs to the child, and therefore, the child, and specified others have the right to access to the record, except for: ! adoption records; ! juvenile court records; ! records disclosing the identity of a person making a complaint of child abuse or neglect. Records concerning a child or juvenile, except for those noted above, shall be made available under the following circumstances; ! to the child or the child’s parent or the attorney for the child or the child’s parent when ever they choose to review the record; ! with the written consent of the child or of someone authorized to act on behalf of the child; ! pursuant to an order of a court of record; ! to the child fatality review team; ! to the Citizen Review Panel; ! to multi disciplinary investigative and treatment teams; ! to a grand jury, circuit court or family law master upon a finding that information in the record is necessary for the determination of an issue before the grand jury, circuit court or family court judge; ! federal, state or local government entities, or any agent of such entities, including law enforcement agencies and prosecuting attorneys, having a need for such information in order to carry out its responsibilities under law to protect children from abuse and neglect; and ! in the event of a child fatality or near fatality due to child abuse and neglect, information relating to such fatality or near fatality shall be made public by the Department. Near fatality means any medical condition of the child which is certified by the attending physician to be life-threatening. Any request for a public release of information under this provision must be referred to the Commissioner of the Bureau for Children and Families to determine what information may be released. Note: non-custodial parents and maltreating parents have the right to information and records concerning their child which includes information and records related to CPS, as long as parental rights have not been terminated. Note: the identity of a referent, or information which could lead to the identity of a referent, is not to be released to anyone including law enforcement officials or the prosecuting attorney. Whenever a request for the release of child welfare records is received, the worker will: ! inform the supervisor of the request. The supervisor will: Page 110 of 116 ! determine whether the release of information should be made available under the provisions of 49-7-1. Consult with the regional attorney and/or prosecuting attorney, if necessary. ! determine exactly what information is being requested. Is it the entire record or a specific piece of information? ! make arrangements for the person requesting the information to come to the office at an appointed time, if possible. ! review all information within FACTS and all written/paper records. ! prepare the requested information that is contained in FACTS by printing the relevant DDE reports from FACTS, such as the Initial Assessment and Safety Evaluation, the Comprehensive Treatment Plan, etc. ! prepare the requested information that is contained in paper records, if any exists. ! assure that there is no information concerning the identity of the referent on any of the documents. ! allow the person to review the documents/information within the office at the appointed time. If the person wants copies of the information, provide the copies as requested. ! request assistance from the regional attorney and/or the prosecuting attorney at any time there is uncertainty about whether or not to proceed with a request for release of information. [Gibson Payments, WV Child Protective Services System 1992 ] 6.3 Payment Guidelines 6.3.1 “Gibson” Payments In the late 1970's a class action lawsuit was filed in federal court. One of the plaintiffs in that lawsuit was named Gibson. The lawsuit was settled by a consent decree, an agreement between the Department and the plaintiffs, in 1984. For simplicity’s sake the decree has always been referred to as the Gibson Decree. The essence of the lawsuit was the allegation that the Department did not explore alternatives to the removal of children when there were allegations of child abuse and/or neglect. The Department agreed in the consent decree to explore the provision of certain services as an alternative to removal. The Department decided at a later date to also consider certain services to facilitate the reunification of children with their family. Collectively, these services have become known as Gibson services and the payments associated with them as Gibson payments. With the adoption of the WV Child Protective Services System in 1992, the process for safety evaluation and planning and the provision of “in-home safety services” replaced the “Gibson Policy.” As a result of the Gibson decree, the Department may purchase services for families in which; C their child is unsafe, and will be removed from the home if a particular service is not obtained, and C their child has been removed, but will be returned home if a particular service is obtained. Page 111 of 116 The service that is to be purchased must be part of either a documented safety plan or a documented permanent plan for reunification. “Gibson” payments are restricted only to those Child Protective Services cases that will be opened for on-going services, or are already opened for on-going services. No other services shall be approved as a “Gibson” type payment. Prior to requesting that the Department pay for the purchase of a particular service, the Social Worker shall assist the family to explore other alternatives for payments. Examples of other resources that are expected to be contacted are, TANF, Medicaid, CHIP, food stamps, food pantries, clothing closets, homeless shelters and services, emergency assistance, LIEAP, the Salvation Army, community action agencies, local behavioral health centers, local health departments, WIC, churches, and other community organizations and agencies. In addition, the Department may have state level or regional contracts with certain agencies to provide the services that are needed. For example, homeless services are available in multiple counties funded by grants from the Department. If the service that is necessary is available in the family’s county of residence through a grant-funded agency, that agency service must be utilized in place of using a demand payment. Medical services, including mental health services and prescription medications, that meet the other “Gibson” requirement (prevention of placement or reunification) shall be paid for by using the Special Medical Card. (See below) All other resources shall be contacted by the social worker prior to requesting the use of a Special Medical Card. If the family has Medicaid or another third party insurance, that form of payment must be utilized first. If the family does not have a Medicaid card, but may be eligible for one, arrangements must be made for application for Medicaid and/or CHIP. Local behavioral health centers must be contacted for indigent mental health and substance abuse services. Only in the event that the local behavioral health center can not or will not provide services, shall Special Medical Cards be authorized for payment of mental health and substance abuse services. Similarly, the local health department, low-income clinics, and hospitals must be contacted for indigent health-related services, prior to using the Special Medical Card. Home-Based Family Preservation Services are now provided in Regions I, II and IV through a regional provider. Safety Services that fall under the umbrella of Home-Based Family Preservation Services include basic parenting, education and assistance; supervision and observation; home management instruction and assistance; social/emotional support; safety focused problem resolution; chore services and transportation. When an in-home safety plan is implemented, safety services provided by the Regional Home-Based Family Preservation must first be explored. Demand payments for safety services will not be made for those services that can be provided by the Home-Based Family Preservation Services regional programs. Region III may continue to use demand payments for Safety Services until such time that a regional contract is established for Home-Based Family Preservation Services. Home -Based Family Preservation Services may be provided up to 16 weeks. If a safety service must be continued past 16 weeks, based upon the family assessment and treatment plan or a case evaluation, the safety service may be provided and paid for by using the demand payment process. Page 112 of 116 For CPS cases involving a child who is unsafe and will be removed from the home if a particular service is not obtained or a child has been removed, but will be returned home if a particular service is obtained, the worker will: ! complete the safety plan or the child, youth and family case plan, including the permanency plan. ! refer family to regional provider for Home-Based Family Preservation Services to implement in-home safety plan, as indicated. ! seek and arrange for other needed safety services or reunification services, as indicated, within the community. ! determine whether there are other resources available to pay for safety services (those outside of Home-Based Family Preservation) or reunification services or resources to receive those services without charge or at limited costs and make arrangements to do so. ! complete the necessary information within FACTS to execute a demand payment. The supervisor will: ! assure that the case meets the eligibility criteria for “Gibson” services, e.g. must be part of an in-home safety plan or reunification plan. ! assure that all other resources for payment have been explored and utilized, as indicated. ! approve payment within FACTS. Note: The Home-Based Family Preservation Services regional providers pertain only to safety services to prevent removal. If the child is already in out-of-home care and reunification services are needed, those services may be arranged for with a provider of choice and may be paid by demand payment, only after all other resources have been explored (Medicaid, CHIPS, grant-funded agencies, etc.) (For more information, please see policy on Home-Based Family Preservation Services.) 6.3.2 Medical and Mental Examinations Medical and/or mental examinations may be ordered by the Court in two situations concerning child abuse and neglect proceedings; C Pursuant to Ch. 49-6-4(a), at any time during child abuse and neglect proceedings, the court may order the child or other parties to be examined by a physician, psychologist or psychiatrist, and may require testimony from such expert. C Pursuant to Ch. 49-6-4(b), any person who has authority to file a petition may also request an order for a medical examination from a judge or juvenile referee to secure evidence of child abuse or neglect. Page 113 of 116 The availability of Medicaid, CHIP, private insurance or other third party payment shall first be explored, and utilized for payment for the examination. The services of the local behavioral health center and local health department shall also be explored and utilized. If the child, parent or custodian is indigent, and there are no other resources for payment for the examination or evaluation, the cost of the examinations shall be paid by the Department. The cost of the service shall be paid by using the Special Medical Card. The Department will reimburse providers at Medicaid rates only. For cases involving an examination by a physician, psychologist or psychiatrist ordered by a court, the worker will: ! determine whether there are other resources available to pay for the examination, and make arrangements, as necessary. ! if no other resources are available, complete the necessary information within FACTS to issue a Special Medical Card. The supervisor will: ! assure that the case meets the eligibility criteria for use of a Special Medical Card e.g. a court has ordered an examination by a physician, psychologist or psychiatrist ! assure that all other resources for payment have been explored and utilized, as indicated. ! approve the creation of a Special Medical Card within FACTS. 6.3.3 Photographs and X rays Pursuant to Ch. 49-6A-4, any person required to report cases of children suspected of being abused and neglected may take or cause to be taken, at public expense, photographs of the areas of trauma visible on a child and, if medically indicated, cause to be performed radiological examinations of the child. If a child who is the subject of a child protective services investigation has been photographed by a mandated reported, reimbursement for the cost of the film and film development may be made by the Department, upon request. The reporter should provide the worker with the receipts for the film and film development. The worker can then enter a demand payment to reimburse for the cost. The payment type which shall be used is the court costs, advertisement and related fees. If a child who is the subject of a child protective services investigation has been x rayed or was caused to be x rayed by a mandated reporter, reimbursement for the cost of the x rays may be made if there are no other resources available for payment. The worker will approve a Special Medical Card for the child for that service. For cases involving photographs of a child who is the subject of a child protective services investigation, the worker will: Page 114 of 116 ! complete the necessary information in FACTS to execute a demand payment for the cost of the film and film development. The supervisor will: ! assure that the case meets the eligibility criteria for payment, e.g. a child who is the subject of a child protective services investigation was photographed by a mandated reported. ! approve the demand payment in FACTS. For cases involving x rays of a child who is the subject of a child protective services investigations, caused to be done by a mandated reporter, the worker will: ! determine whether there are other resources available to pay for the x ray, and make arrangements, as necessary. ! if no other resources are available, complete the necessary information within FACTS to create a Special Medical Card. The supervisor will: ! assure that the case meets the eligibility criteria for payment, e.g. a child who is the subject of a child protective services investigation. 6.3.4 Expert and Fact Testimony Some professionals may be subpoenaed to testify in a child abuse or neglect proceeding. If the professional is being asked to testify as an “expert witness”, concerning a particular illness, child abuse injury, mental health issue, etc., the witness may receive compensation for expenses associated with their testimony through the Supreme Court of Appeals Administrative Office. The person providing the testimony should inquire with the Circuit Court for the necessary information about submitting claims for compensation. Other professionals may be subpoenaed to testify concerning their own involvement in evaluating or providing treatment or services to a child and/or family in a child abuse or neglect proceeding. “Fact witnesses” may receive compensation for expenses associated with their testimony through DHHR. The person providing the testimony should submit a copy of their subpoena and their invoice to the Department of Health and Human Resources, Bureau for Children and Families, Accounts Payable, 350 Capitol Street, Charleston, WV 25305. The rates of payments made will be according to those rates established by the legislature. 6.3.5 Special Medical Card (formerly known as zero recipient medical card) Page 115 of 116 The Special Medical Card may be provided to eligible clients to obtain services from a medical provider within a specified date range. CPS clients who may be eligible to obtain medical services through authorization of the Special Medical Card include; C Children of families receiving child protective services Used to cover medical needs for children with whom the Department is involved through CPS and there is no other way to pay for this need, i.e., Medicaid, CHIP, or other third party coverage. This only applies to non-custody cases that are currently active and open for ongoing services. C Gibson (medical only) Used for medical services for either a child or parent, that, if not provided, will result in a child’s removal or prevent the return of a child in custody. All other resources must first be explored before authorizing a Special Medical Card. Please refer to the version notes in FACTS for information about issuing a Special Medical Card. 6.3.6 Early Intervention and Family Support Services Early intervention and family support services funds, which are distributed at the Regional level, may be utilized to pay the cost of providing services to certain CPS related families and children. C Families and children who are part of a CPS case which is opened for on-going services. C Families and children for which a CPS initial assessment has been completed and the decision is made to refer to a community agency. (For more information, please see policy on Early Intervention and Family Support Services.) Page 116 of 116 FAMILY RIGHTS WV http://www.geocities.com/family_rights_wv/ http://www.geocities.com/family_rights_wv/congressional_inquiry.html |