2310 Immediate Safety Determination
When a report alleging abuse or neglect has been assigned for investigation/assessment, the Child Protection Specialist (CPS) or Child Protection Investigator (CPI) shall determine the immediate safety of the child who is the subject of the report by completing an initial safety assessment within the response time established on the PPS 1002 Initial Assessment, Section VI- Response Time and Due Dates.
A. The immediate safety determination is the result of the initial safety assessment in which the child may be determined safe, safe with an immediate plan, or unsafe.
1. When the child is determined safe, they can remain in their current environment throughout the investigation/assessment without any immediate intervention from DCF.
2. When the child is determined safe with an immediate plan, various interventions and/or protective actions may be taken by the family, safety network, or DCF to ensure safety of the child throughout the investigation/assessment. The plan shall be documented on the PPS 2021 Immediate Safety Plan. The Immediate Safety Plan is developed alongside the family and safety network. The CPS Specialist’s or PPS Supervisor’s input and approval is required if the safety plan is being initiated by a CPS Investigator. See PPM 2462 for additional guidance regarding safety planning.
3. When the child is determined unsafe due to the current danger and the danger cannot be mitigated with an immediate safety plan, DCF shall initiate protective action to remove the child from the danger, which may include law enforcement or court involvement.
B. Factors to Consider for the Immediate Safety Determination
The Appendix 2H Immediate Safety Tips Sheet provides factors to consider for the immediate safety determination. The following appendices may be used to gather information for the safety determination:
1. Appendix 2F Six Areas of Family Life for Assessment.
2. Appendix 2J Caregiver Protective Capacity Factors may be used as a guide to gather information and assess the protective capacity of the caregiver(s).
3. Appendix 2I Interview Guide for Runaway and Truant Children may be used as a guide to gather safety and risk information when interviewing children.
C. Required Contacts
1. In-Person Contact with Child
a. The initial safety assessment requires an in-person contact with the alleged victim, in a location where it is reasonable to expect the child to be found, within the assigned response time.
b. In-person contact for the safety determination may be made by a CPS, CPI or authorized collateral, except reports from law enforcement. Reports from law enforcement require in person contact by a CPS or CPI, not an authorized collateral.
i. Authorized collateral may be any one of the following:
A. Law Enforcement Officers
B. Child Advocacy Center Forensic Interviewers
C. Child Welfare Case Management Providers
ii. The CPS shall ensure sufficient information has been gathered by the authorized collateral to consider the required factors and determine the safety of the child within the response time.
c. Per Adrian’s Law, K.S.A. 38-2226, the secretary or the secretary’s designee shall visually observe the child who is an alleged victim of abuse or neglect prior to case closure. In the case of a joint investigation with DCF and law enforcement, both agencies shall visually observe the alleged victim.
d. The CPS or CPI shall notify the parent/caregiver of the investigation/assessment the same day as the in-person contact with the child per PPM 2100.
2. Additional Contact(s)
Additional contacts and observations with parent/caregivers, siblings, alleged perpetrators, and others may be required to gather sufficient information to determine the safety of the child. If the CPS Specialist determines additional information is needed to make a safety determination, the CPS Specialist shall follow-up to gather the additional information to assess the required factors and determine the safety of the child within the response time.
D. Reasonable Efforts, Allowable Reasons and Exceptions for the Safety Determination
The following provides requirements for reasonable efforts, allowable reasons and exceptions for the safety determination. If the child(ren)/family are unable to be located, efforts shall continue to determine the safety of the child beyond the assigned response time. A supervisor staffing shall occur within the assigned response time. See PPM 2315 for further guidance.
1. Reasonable Efforts Requirements
The CPS Specialist or authorized collateral shall make two attempts within the response time to complete the in-person contact with the alleged victim in a location where it is reasonable to expect the alleged victim to be found. To meet reasonable efforts requirements either:
a. two attempts within the response time set, OR
b. at least one attempt within the response time set, AND
i. a second attempt by the close of business the next working day for a “same day" response time OR
ii. within 72 hours, excluding weekends and state holidays, of the initial attempt on a 72-hour response time.
i. CPS Specialist shall, within the response time, make a request to the state's child protection report center/hotline, where the child is located.
2. Allowable Reasons to Delay the Safety Determination
Allowable reasons for delaying the safety determination of a child may include the following:
a. Child out of state (allowable only after a request to the other state has been made for a courtesy initial safety assessment, and the other state has not been able to locate the child).
b. DCF has been directed not to proceed by county/district attorney or law enforcement.
c. Child is unable to be located, see PPM 2315 for additional guidance.
i. Family does not allow access to the child.
ii. Scheduled appointments were not kept by the family.
e. Act of God (weather, road conditions).
f. Child is currently hospitalized and hospital personnel verified the child will not be dismissed prior to completion of the initial safety assessment. This allowable reason to delay shall consider the best interest of the child and is not solely for the convenience of the department or another entity.
g. Child is on runaway status.
h. A collaborative decision is made with the supervisor and Assessment and Prevention Administrator that making the in-person contact within the response time is contrary to the safety and best interest of the child and is not solely for the convenience of the department or another entity.
E. Reports from Law Enforcement
1. Per K.S.A. 38-2231(d), when a report alleging abuse or neglect is assigned and is from a law enforcement officer, the immediate safety determination shall be made by a CPS or CPI within 24 hours of the date and time the report was received at the Kansas Protection Report Center as listed on the PPS 1001.
2. Reasonable Efforts Requirements .
Reasonable efforts are the minimum required attempts to determine the safety of the child within twenty-four (24) hours for reports from law enforcement.
A CPS or CPI shall make a minimum of two (2) in person attempts to determine the safety of the alleged victim within twenty-four (24) hours of the date and time the report was received at KPRC. The attempts to make in person contact with the alleged victim shall occur in a location where it is reasonable to expect the alleged victim to be found. When the child can’t be located, refer to PPM 2315 for additional guidance.
3. The CPS or CPI shall provide an update of the status of the investigation to law enforcement within twenty-four (24) hours of contact with the child and family. When the CPS or CPI cannot contact the child or family, they shall inform law enforcement of the attempts made to contact the child and family per PPM 2100.
F. Documenting the Immediate Safety Determination
Documenting the Immediate safety determination shall be completed in KIDS and on one of the following: PPS 2019 Kansas DCF Conversation Note, Appendix 2N My three Houses, or Appendix 2P Fairy Wizard Template.
1. PPS 2019 Kansas DCF Conversation Note, and/or the Appendix 2N My three Houses, and/or the Appendix 2P Fairy Wizard Template shall include:
a. Attempts to contact the child, if applicable,
b. The safety determination (safe, safe with an immediate plan, unsafe)
c. The date/time/location the immediate safety was determined.
i. The date and time of the safety determination is when the CPS, CPI or or authorized collateral has determined the child safe, safe with an immediate plan or unsafe.
ii. If the in-person contact was completed by an authorized collateral contact the date and time of the safety determination is the date and time the CPS, CPI or has reviewed the information and determines the child is safe, safe with an immediate plan or unsafe.
d. If unable to determine the safety of the child within the assigned response time, the documentation shall include:
i. The reason the contact was not made
ii. The attempts to locate the child (date and results)
iii. Reasonable efforts, allowable reasons and exceptions, if applicable
2. KIDS Documentation shall include:
a. The date/time/location of the first attempt to contact the first alleged victim shall be documented on the Agency Response screen in KIDS for all abuse/neglect assignments.
b. The date/time/location of the safety determination for each alleged victim shall be documented on the Agency Response screen in KIDS for all abuse/neglect assignments. If an alleged victim was not able to be located, check the “unable to locate” box.
G. Safety Staffing with Supervisor
1. An immediate safety staffing shall take place when one or more of the following occur
a. When the safety determination is unsafe.
b. When the safety determination is safe with an immediate plan.
c. If after reasonable efforts have been met and the child is still unable to be located or the parent/caregiver(s) do not allow access within the response time. The safety staffing shall occur within the assigned response time. See PPM 2315 for additional guidance.
d. Anytime supervisor advice is needed to assist in determining whether additional in-person safety contacts are needed.
2. Team Decision Making (TDM)
If during the safety staffing it is determined a child has been or is likely to be separated from their parent or caregiver, the CPS and supervisor shall determine if the family meets criteria for a TDM per the Appendix 0D Initial TDM Protocol.
3. Documentation
a. Safety Staffing: The date and time of the safety staffing with the supervisor shall be documented on the Agency Response screen in KIDS as the “Safety Staffing” date and time. When the child(ren) is not located/has not been seen in-person and the safety determination has not occurred, leave the field blank.
b. Additional In-Person Safety Contacts: The determination, date, and time of the ongoing safety assessment, if applicable, shall be documented for each alleged victim on the Agency Response in KIDS.