2559B. CPS Investigative Findings Notification

Applies To:  This policy applies to Department of Children, Youth, and Families (DCYF) employees.

Policy Number & Title:  2559B. CPS Investigative Findings Notification

Effective Date:  July 23, 2017 

Purpose

The purpose of this policy is to inform subjects of the Child Protective Services (CPS) investigative findings including information regarding requests for review of founded findings.

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
WAC 110-30-0180  Does CPS have to notify the alleged perpetrator of the results of CPS                           investigation?
WAC 110-30-0190  How does CPS notify the alleged perpetrator of the finding?
WAC 110-30-0020  What information must be in the CPS finding notice?

Policy

DCYF employees must:

  1. Notify subjects of all approved CPS investigative findings in writing and orally, whenever possible, whether founded or unfounded and provide the required information regarding the steps necessary to request a DCYF founded finding review.
    1. Document efforts to notify and inform subjects of the finding and process for requesting review of a founded finding in a case note.
    2. Retain a hard copy of the founded or unfounded letter in the case file.
    3. Founded findings:
      1. Send a founded finding letter to the subject’s last known address or known location by certified mail, return receipt requested. This includes:
        1. Documenting the certified mail tracking number on the letter and Deliver Tracking page in FamLink.
        2. Retaining the Domestic Return Receipt (green card) when received with the parent’s or guardian’s signature or if it is returned undeliverable in the case file.
      2. Personally serve the founded finding letter if the certified mail is returned and DCYF is actively working with the subject on an open case in any DCYF program. If the subject refuses to accept the in-person delivery, DCYF employee must document that the caseworker attempted to hand deliver a copy of the finding letter to the subject and the subject refused to accept the letter. This information is documented in the Delivery Tracking page in FamLink.
    4. Unfounded findings:
      1. Document the date the letter was provided and how it was provided to the subject in the Delivery Tracking page in FamLink.
      2. Send the unfounded finding letter to the subject’s last known address or known location by United States (U.S.) mail or encrypted email.
      3. If provided via encrypted email, upload a copy of the email sent to the subject showing the letter is attached in the email into FamLink.
  2. If a court in a civil or criminal proceeding, considering the same facts or circumstances contained in the CPS investigation, makes a judicial finding by a preponderance of the evidence (or higher standard) that the subject of the pending investigation has abused or neglected the child or youth, DCYF will adopt the finding in its investigation.
  3. When a court in a civil or criminal proceeding make a finding that differs from an unfounded finding on a completed investigation or closed case, DCYF will, upon request, consider changing the CA/N finding to founded.
    1. Compare the court case with the DCYF case to ensure the same facts are considered.
    2. Discuss the judicial finding with the CPS supervisor and area administrator to determine if the CA finding should be changed.
    3. Send a new CPS founded finding letter to the subject and follow regular Child Abuse Prevention and Treatment Act (CAPTA) procedures, if it is determined the finding should be changed.
  4. Promptly notify the Office of the Family of Children’s Ombuds of the contents of the report and disposition of the investigation when a third founded finding is made involving the same child or youth or family within the previous twelve months.
  5. Notify the guardian ad litem or court appointed special advocate, if assigned to a child or youth involved in the investigation, of the disposition of the investigation.

Forms

CPS Founded Letter DCYF 09-913 (Located in the DCYF Forms repository)

CPS Unfounded Letter DCYF 09-912 (Located in the DCYF Forms repository)

LD/CPS Founded Letter DCYF 09-913A (Located in the DCYF Forms repository)

LD/CPS Unfounded Letter DCYF 09-912A (Located in the DCYF Forms repository) 

LD/CPS Unfounded Facility Letter DCYF 09-912B (Located in the DCYF Forms repository)

Resources

CPS Investigative Founded Findings Review policy

Investigative Assessment policy

Original Date:  September 1, 1976

Revised Date:  July 23, 2017

Review Date:  July 1, 2021

Approved by:  Jennifer Strus, Assistant Secretary