2511 Case Finding Decision Points for Family Reports
A case finding decision is made weighing the facts and circumstances learned during the investigation and assessment. The facts and circumstances shall provide a preponderance of the evidence of abuse and neglect as identified in the definitions in order to consider a substantiated case finding.
A. Same Finding for Child and Alleged Perpetrator:
The same case finding will be made for the child and the alleged perpetrator based on the facts and circumstances of the incident, unless the alleged perpetrator is unknown. If the information gathered during an investigation provides a preponderance of the evidence to substantiate abuse/neglect of a child occurred, and a preponderance of evidence the alleged perpetrator caused the abuse/neglect, a substantiated finding is made for the child and the alleged perpetrator. If there is no substantiated finding regarding a child, no substantiated finding can be made regarding an alleged perpetrator.
B. Contact with Alleged Victim Required For Finding:
A finding of unsubstantiated or substantiated is made only on the alleged victims who have been interviewed in-person. As long as one in-person contact was made with the alleged victim, a finding of unsubstantiated or substantiated is made based on information available. For the alleged victims which were not located, "unable to locate" should be selected as the status in the Finding field on the KIDS application.
C. Time frame:
A case finding shall be made within 30 working days from the date the report was accepted for assessment unless a delay is requested by law enforcement, a county or district attorney, the court, health care professionals, mental health professionals or for similar exceptional circumstances documented in the case file. Failure to receive information from law enforcement, county or district attorney, the court, health care professionals, mental health professionals, or any other information from relevant professionals or individuals may be considered an exceptional circumstance justifying a delay in finding. If requested information is not received, the PPS supervisor will review the information every 60 days to determine if additional time should be allowed and document such decision in the case file. A CPS specialist may be designated for the PPS supervisor's absence.
The date of the case finding is the date the CPS specialist and the supervisor staffed the case to determine the finding decision. The date of the staffing/consultation is entered on the PPS 2011 in the Date of Finding field. The PPS 2011 is signed and dated electronically in KIDS by the supervisor and CPS specialist. See PPM 2530 for additional information on documenting case finding decisions. The supervisor’s electronic signature in KIDS verifies the approval of the case finding.
D. Due Process for Alleged Perpetrator:
A substantiated finding on the alleged perpetrator cannot be made unless the alleged perpetrator has been afforded the opportunity to be interviewed by DCF, a law enforcement officer or a duly appointed member of a multi-disciplinary child protection team. If the whereabouts of an alleged perpetrator are unknown, the opportunity to be interviewed may be documented by sending a letter offering an interview to the alleged perpetrator's last known address.
E. Location of Incident and Victim:
A finding of abuse or neglect may be made on the alleged perpetrator and victim in the following situations:
1. The incident occurred in Kansas, regardless of where the victim is currently found or resides, or
2. The incident occurred in Kansas, regardless of where the alleged perpetrator is currently found or resides, or
3. The child resides in Kansas or is found in Kansas, regardless of where the incident occurred.
F. Minor Case Finding:
All investigations of a case with an alleged perpetrator who is a minor and case finding is recommended as substantiated shall be reviewed by the Regional Director prior to completion of the finding. A minor shall be substantiated only if the criterion for substantiation has been met and the alleged perpetrator is at least 10 years old.
G. Addition of a Different Allegation Type:
Upon investigation, if the facts and circumstances indicate a substantiated finding on a different allegation type from the allegation type identified on the PPS 1002 Initial Assessment, a substantiated finding shall be made on the allegation type that best describes the facts and circumstances. The allegation type resulting in the substantiated finding shall be added into KIDS by the CPS Supervisor.
See PPM 2842 for FACTS instructions.