Applies To: This policy applies to all Department of Children, Youth, and Families (DCYF) employees.
Policy Number & Title: 2559C. CPS Investigative Founded Findings Review
Effective Date: January 31, 2016
Purpose
The purpose of this policy is to inform staff of the process to review Child Protective Service (CPS) investigative findings when a review is requested by a subject with a founded finding of Child Abuse/Neglect (CA/N).
Authority
P.L. 93-247 Child Abuse Prevention and Treatment Act
P.L. 111-320 Child Abuse Prevention and Treatment Act Amendment
RCW 26.44.100 Information about Rights and Notification of Investigation, Report and Findings
RCW 26.44.125 Alleged Perpetrators Right to Review and Amendment of Finding Hearing
Chapter 110-30 WAC Child Protective Services
Policy
- A request for review of a CPS founded finding must be received within thirty calendar days following the subject’s receipt of the notification. If the request is not received within the designated timeframe, the subject has no further right to an internal review, administrative hearing or judicial review of the finding.
- All DCYF founded findings reviews must be conducted within thirty days by the regional administrator or Licensing Department administrator or their designee who is above the first level of supervision and was not involved in the original decision-making about the finding. At a minimum, the internal review must include:
- A review of the case file, to include the intake, case notes, Investigative Assessment, and the findings information; and
- A review of any written information provided by the subject of the intake.
- When necessary, the review will include an interview with the assigned caseworker and/or the caseworker's supervisor.
- DCYF employees must notify the subject of the DCYF founded findings review results within thirty calendar days from the date DCYF received the request.
- Notification must be in writing by certified mail, return receipt requested to the subjects last known address.
- If the results remain founded, the hearing notification letter must include the process to request an Administrative Hearing.
- DCYF staff must change the findings in the “Findings” page in FamLink within ten working days of the decision when a review or hearing overturns the founded finding.
- All findings will remain in effect as originally determined pending any internal review or administrative hearing.
Forms
CPS Reviewed Denied Notification form DCYF 09-136 (Located in the DCYF Forms repository)
Original Date: September 1, 1976
Revised Date: January 31, 2016
Review Date:
Approved by: Jennifer Strus, Assistant Secretary