2559C. CPS Investigative Founded Findings Review

Approval: Jennifer Strus, Assistant Secretary

Original Date:  September 1976

Revised Date: January 31, 2016

Policy Review: January 1, 2020

Purpose

Inform staff of the process to review CPS investigative findings when a review is requested by a subject with a founded finding of Child Abuse/Neglect (CA/N).

Scope

This policy applies to all Children’s Administration staff.

Laws

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 Chapter 388-15 Child Protective Services

Policy

  1. A request for review of a CPS founded finding must be received within 30 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.
  2. All CA founded findings reviews must be conducted within 30 days by the regional administrator or Division of Licensed Resources administrator or his or her 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:
    1. A review of the case file, to include the intake, case notes, Investigative Assessment, and the findings information; and
    2. A review of any written information provided by the subject of the intake. 
    3. When necessary, the review will include an interview with the assigned worker and/or the worker's supervisor.
  3. CA staff must notify the subject of the CA founded findings review results within 30 calendar days from the date the department received the request.
    1. Notification must be in writing by certified mail, return receipt requested to the subjects last known address.
    2. If the results remain founded, the hearing notification letter must include the process to request an Administrative Hearing.
  4. CA staff must change the findings in the “Findings” page in FamLink within 10 working days of the decision when a review or hearing overturns the founded finding.
  5. All findings will remain in effect as originally determined pending any internal review or administrative hearing.

Forms

CPS Review Denied Notification form DSHS 27-136 (on Intranet)