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HomeMy WebLinkAboutMINUTES - 11051996 - D8 D. TO: BOARD GF SUPERVISORS F&HS-05 ----- ,L...o� Contra FROM: FAMILY AND HUMAN SERVICES COMMITTEE Costa County DATE: September 23, 1996 `°rrq C0sN `P SUBJECT: FINAL REPORT FROM THE BLUE RIBBON TASK FORCE ON CHILD ABUSE ISSUES SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. EXPRESS the Board's deep appreciation for the dedication of the members of the Task Force, all of whom gave of their own time to serve on the Task Force. 2. EXPRESS the Board's thanks to all of the County staff who cooperated with the Task Force in providing information regarding how the child abuse system works in Contra Costa County. 3. DIRECT the County Administrator to forward the final report of the Blue Ribbon Task Force on Child Abuse Issues to those department heads over whom the Board of Supervisors has jurisdiction and who are affected by the recommendations contained in the report and ask that they review, prioritize and comment on the recommendations, particularly those which appear to be able to be implemented with little or no additional cost. These comments should, for each recommendation, include a statement to the effect that the recommendation either should or should not be implemented, along with the reason for that judgment and an assessment of the likely cost of implementing the recommendation or at least the factors which would have to go into costing out the implementation of the recommendation. Where the recommendation requires State legislation or regulatory changes, the Department Head should comment on whether he or she would recommend that the Board of Supervisors sponsor or support the efforts of others to sponsor the necessary legislation or regulatory change. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMI APPROVE OTHER SIGNATURES ACTION OF BOARD ON APP OVED AS RECOMMENDED X_ OTHER X APPROVED the recommendations as set forth above; PRESENTED awards to the members of the Blue Ribbon Task Force on Child Abuse Issues upon completion of their work; and ACCEPTED the recommendations of the Family and Human Services Committeeereport on the final report of the Blue Ribbon Task Force on Child Abuse Issues. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X_UNANIMOUS(ABSENT "---""- ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED November 5- 1996 Contact: PHIL ATCHELOR,CLERK OF THE BOARD OF CC: OBU NTY A IN TRATO See Page 4 LI DI F&HS-05 4. DIRECT the County Administrator to forward the final report of the Blue Ribbon Task Force on Child Abuse Issues to those agencies over which the Board of Supervisors does not have direct jurisdiction, including the Courts, District Attorney, Sheriff and outside agencies which are affected by the recommendations contained in the report and ask that they review and comment on the recommendations which apply to their agency. The request should ask that these comments include a statement regarding why the agency does or does not believe the recommendation can or should be implemented, including an assessment of the likely cost of implementing the recommendation where that information is available. Where the recommendation requires State legislation or regulatory changes, the agency should be asked to comment on whether it would recommend that the Board of Supervisors sponsor or support the efforts of others to sponsor the necessary legislation or regulatory change. 5. AUTHORIZE Supervisor DeSaulnier and/or the Social Service Director to forward copies of the report to appropriate community-based organizations, police agencies and other appropriate groups asking for their review and comment on the report and its recommendations. 6. REQUEST the County Administrator to consolidate the comments and responses from all of the Department Heads and agencies, determine the cost of implementing the highest priority recommendations and provide recommendations to the 1997 Family and Human Services Committee on possible sources or mechanisms for financing the highest priority recommendations. This report should also provide a consolidated report on the responses from those departments and agencies which responded with their comments, priorities and recommendations. 7. REFER the final report from the Blue Ribbon Task Force on Child Abuse Issues to the 1997 Family and Human Services Committee with a request that the Committee meet on this subject and provide at least a status report back to the Board of Supervisors by March 31, 1997. BACKGROUND: In September 1995, the Board of Supervisors established a Blue Ribbon Task Force on Child Abuse Issues and charged its members with the responsibility of making recommendations designed to improve the system that deals with child abuse and family court issues in Contra Costa County. The Task Force was broadly representatives of the various County departments which have some element of responsibility for child abuse and family law issues. The Task Force also included outside experts from the law enforcement, medical, psychological and labor fields as well as parents and representatives of the general community. The Task Force also included representatives from the private nonprofit community which addresses the problems of child abuse and family law in Contra Costa County. The Task Force has met regularly throughout the past year, has held public forums at which the public could express its concerns about the system, has educated itself about the systems and processes which are in place to address these issues and has formulated some 78 recommendations for action by the Board of Supervisors. -2- F&HS-05 On September 23, 1996, our Committee met with Paul Crissey, Chair of the Task Force; Helen Hansel, a member of the Task Force; Karen Mitchoff, Staff to the Task Force and Supervisor DeSaulnier's Chief of Staff; John Cullen, Social Service Director; Danna Fabella, Assistant Social Service Director; Terry Starr, County Probation Officer; Victor J. Westman, County Counsel; Suzanne Strisower, staff to Supervisor Smith; Lynda Kilday, staff to Supervisor Bishop; Art Miner, Executive Director, Private Industry Council; and members of the 1996-97 Grand Jury, and reviewed the attached final report from the Task Force. Mr. Crissey reviewed with our Committee the report and the process the Task Force followed in doing its work. The report contains 78 recommendations in the areas of Reporting, Investigation, Adjudication, and Accountability. The recommendations can generally be divided into five categories: Recommendations over which the Board of Supervisors has jurisdiction and which can be implemented at little or no cost. Recommendations over which the Board of Supervisors has jurisdiction but which clearly have fiscal implications that must be addressed. Recommendations over which the Board of Supervisors has no jurisdiction, which appear to have little or no fiscal implications and which need to be addressed to the appropriate office or jurisdiction. Recommendations over which the Board of Supervisors has no jurisdiction, which clearly have fiscal implications where the Board of Supervisors may be asked to pay for implementation of the recommendation, and which need to be addressed to the appropriate office or jurisdiction. Recommendations which require State legislation, regulatory changes or other action by one or more State agencies. The attached chart was prepared by staff to our Committee to provide at least an initial sense of the nature of the recommendation and the extent to which the Board of Supervisors has jurisdiction over the actions required to implement the recommendation. Some of these categorizations can obviously be argued with, but they provide a beginning point from which to begin to implement the recommendations made in the report. One of the major problems with this particular subject matter is that no one agency or governmental jurisdiction has control over the entire process or system, meaning that the voluntary cooperation of many jurisdictions is necessary in order to achieve the level of change which is envisioned by the Task Force. Because none of the agencies which are responsible for various pieces of the child abuse system have had an opportunity to comment on the final form of the report, we believe that it is essential to initially get the comments and recommendations from each of the County Departments and other agencies which are responsible for individual pieces of the system. While we had initially hoped to have at least the initial evaluation of the recommendations completed by the end of 1996, the report was delayed while final changes were being made to the report by the Task Force. Thus, we are only now making a report which we heard in September. As a result, we clearly cannot expect to get any reasonable sense of the comments from various departments and agencies before the end of 1996. We are, therefore, asking that -3- F&HS-05 this matter be referred over to the 1997 Family and Human Services Committee, which is being asked to provide at least a status report to the Board of Supervisors by March 31, 1997. cc: County Administrator Presiding Judge of the Superior Court Superior Court Executive Officer District Attorney Sheriff-Coroner Public Defender Social Service Director County Probation Officer Health Services Director Blue,Ribbon Task Force on Child Abuse Issues (Via Supervisor DeSaulnier's Office) -4- M c� o� rn cn r� w n� n M cn � w K) o z O x x x x x x x x x x x iv o D m x x w 0 x x x x x x x x x x cn m O ic c m z m v v 0 z 4 O L" � W N W CO -I. 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Name: address: City: CAq C 1 am speaking for myself_or organization: I el—y �yn OUJU 4 mw of or�nis�tion) ONE: wish to speak on Agenda Item #_ Date: C(— —9 ' My col will be: general _for_,aBait 1 wish to speak on the subject _ 1 do not wish to speak but leave these comments for the Board to consider: Request to, Speak FormZ � ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: Phone: D , ��1�, - Address. � ��� � city. 1 am speaking for myself_ or organization: (name of organization) CHECK ONE: _,5/ 1 wish to speak on Agenda Item #—j2L Date: My comments will be: general for against . 1 wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider: Request to Speak Form ( THREE (3) MINUTE LIMIT) Complete this form and place It In the box near the speakers' rostrum before addressing the Board. r/jS'hones --f� 0tY' I am speaking for mwso- f, _� or aeganbaflom" DUCK ONE: �e d asantzttoN 1 wish to speak an Agendafie: I I ken My commalts will for t wish to speak on the subject I do not wish to speak but leave these comms for the Board to consider: Request to Speak Forp, ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. 7 S Mame: � ger--f rhone: 7�8 ' n 77'S� Address;_ 1 am speaking for myself or organiutioro carne Of CHIC ONE: 1 wish to speaak on Agenda Item � pat My con will be: general I wish to speak on the abject 1 do not wish to speak but leave these conunertts for the Board to consider: Request to Speak Form -04� ( THREE (3) MINUTE LIMIT) Complete this form and place It in the box near the speakers' rostrum before addressing the Name: phone• A,aarew I am speabng for myseior organizabon. R �1 �\ imine of o�sn�tioN CHECK ONE: I wish to speak on Agenda Ron #_LL Date: (I-S --R 1 My comments will be: general for.�ai . I wish to speak on the subject of_�7\,p�1���,5� • oc . do not wish to speak but leave these comments for the Board to t CONTRA COSTA COUNTY BOARD OF SUPERVISORS 01 VIA I i�.0 41U t t` Report of the BLUE PJBBON 'T`A.S K Fa�% E ON CHILD ABUSE IS-SUES t NOVEMBER, 1996 1 t t CONTRA COSTA COUNTY BOARD OF SUPERVISORS 5 E�L-•0�, , co � '� " .• :moi Report of the BLUE RIBBON TASK FORCE ON CHILD ABUSE ISSUES NOVEMBER, 1996 1 � 1 .���. CONTRA COSTA COUNTY BOARD OF SUPERVISORS Jim Rogers, District I Jeff Smith, District II ' Gayle Bishop, District III Mark DeSaulnier, District IV Tom Torlakson, District V ' Family and Human Services Committee Mark DeSaulnier, Chair Jeff Smith, Member r r ' SPECIAL ACI24OWLEDGMENT The Blue Ribbon Task Force on Child Abuse Issues extends its appreciation to Task Force member Chief Michael Phalen, his personnel, and the Pleasant Full Police Department, for the use of the community conference room in hosting Task Force meetings. Task Force members also thank Supervisor Mark DeSaulnier and his Chief Assistant, Karen Mitchoff, for providing staff support to the Task Force. TABLE OF CONTENTS PREFACE . . . . . . . . . . . . . . . . . . . . . . . . v INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ' EXECUTIVE SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 FORWARD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ' REPORTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ' MANDATED REPORTING4 REPORTS FROM INDIVIDUALS . . . . . . . . . . 5 CROSS-REPORTING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 5 tINVESTIGATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 TRAINING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ' MEDICAL/PSYCHOLOGICAL PRACTITIONERS : . . . . . . . . . . . . . . . . . . . . . 8 SCHOOLS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 LAW ENFORCEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 MULTIPLE INTERVIEWS OF CHILD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 SPECIFIC AGENCIES INVOLVED IN;THE INVESTIGATORY PROCESS . . . . . . 10 CHILD PROTECTIVE SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 FAMILY COURT SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ' COORDINATION BETWEEN RESPONDING/INVESTIGATING AGENCIES . . . . 11 CENTRAL RESOURCE PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 LAW ENFORCEMENT AGENCIES INDIFFERENT JURISDICTIONS . . . 12 ' ADJUDICATION . . . 14 ' ACCOUNTABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 GENERAL 17 AGENCIES AND DEPARTMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 SUMMARY OF RECOMMENDATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ' GLOSSARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 APPENDIX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 - ii CONTRA COSTA COUNTY BOARD OF SUPERVISORS ' BLUE RIBBON TASK FOR ON CHILD ABUSE ISSUES 1995-96 ' Paul M. Crissey, Chair Brian Baker, Deputy District Attorney ' Matt Barnes, Member at Large Irene Bergamini, Supervising Probation Officer Cheryle Bernard-Shaw, Attorney at Law, Parent/Consumer Representative James Carpenter, M.D., Pediatrician Donice Davis, LVN, Parent/Consumer Representative Danna Fabella; Assistant Director, Social Service Department ' Olivia Gallardo, Teacher Judge Lois Haight, Contra Costa County Juvenile Court Helen Hansel, Child Abuse Systems Review Committee Beatrice Hill, Casework Specialist, SEIU Local 535 Representative Carol Lee, Ph.D." Clinical Psychologist Denise Nolan, Assistant Public Defender (Alternate Defender Office) Chief Mike Phalen, Pleasant Hill Police Department ' Judge Peter Spinetta, Contra Costa County Superior Court Jennifer Summerton& Eileen DeMaria, Child Abuse Prevention Council For additional information or questions, please contact Karen Mitchoff in Supervisor Mark DeSaulnier's Office at 510-646-5763 iii ' In creating this Task Force, the Board of Supervisors determined that specific components needed representation. Some of those components would appoint a representative directly; applicants for other positions would be interviewed by the Board's Family and Human ' Services (FHS) Committee_for appointment by the Board of Supervisors. The process utilized for selecting individuals to fill positions in the second category was advertising in the media, sending letters of invitation to apply to various cultural and ethnic organizations, and then interviewing candidates who met the criteria. The FHS Committee interviewed individuals for the following positions: ' • an individual from the general public, independent of county government, who is concerned about family and children's issues; this individual would also serve as chair; • two parent/consumer representatives who had contact with the Juvenile Court and/or Superior Court-Family Law Department in Contra Costa County, particularly in regard ' to child custody and/or child abuse allegations; • a member at large, • a representative from a non-profit agency which provides services to families and children; • a representative from the educational system with a particular interest in family and children's issues; ' • a representative from the medical profession with a particular background in child abuse detection and treatment; and • a representative of the private psychological or psychiatric community with background and a particular interest in cases of child abuse; ' The following positions were selected as noted: • representative of the Superior Court - Family Law Department to be named by the Superior Court; • representative of the Juvenile Court Department to be named by the Superior Court; • the District Attorney or his designee; • a law enforcement representative to be nominated by the Contra Costa Police Chiefs' Association; • Social Service Department representative to be named by the Social Service Director; ' • County Probation Officer or his designee; ' • the Public Defender or his designee; • a representative from SEIU Local 535 to be named by Local.535; and • a representative from the Child Abuse Systems Review Committee to be named by that j committee. ' iv PREFACE This report sets forth our observations regarding this county's child abuse system and our recommendations for improving that system. Not all of our members agree with each observation or recommendation made in this report. Some believe the report is not sufficiently critical of various components of our system; others, that it is too critical. Still others believe that the focus of this report should have been on the causes and remedies of child abuse, rather than on ways for the system to better deal with it. Given the number and diversity of our members, it is not surprising that there should be differing views. ' It needs to be stressed, however, that each of the observations and recommendations contained in this report enjoys the support of the majority of our members (albeit the composition of that majority may be an ever-changing one). Moreover, we believe that our ' emphasis on improving the existing child abuse system is in accord with our specific mandate, although we do not oppose--and indeed, urge--that other aspects of child abuse in this county be the subject of further study. Lastly, we wish to acknowledge and express our special gratitude to Paul Crissey, our chairperson, and Karen Mitchoff, our staff person, for their extraordinary efforts in guiding us through this project. Without their patience and dedication, this report would not have been possible. 1 ' v INTRODUCTION ' In September of 1995, the Contra`Costa Board of Supervisors established a Blue Ribbon Task Force on Child Abuse Issues and charged its members with the responsibility of making recommendations designed to improve the system that deals with child abuse issues in Contra Costa County. This Report is the result of the Task Force's year-long effort to meet that mandate. During the past year, the members of the Task Force met on a regular basis and spent many hours together. Our combined personal and professional histories and experiences represented a broad cross-section of constituencies and perspectives. We worked and deliberated very hard in an effort to ensure this document helps to promote the well-being of children and families in Contra Costa County. We heard extensively from people working in county departments, courts and community-based agencies dealing with child abuse and family court issues in this county and developed a deeper understanding of how the resulting system operates, including the successes and frustrations of people working to identify, investigate, prosecute, and treat cases of child abuse. We also heard extensively from people who became involved in the child abuse and family court systems and raised serious concerns and criticisms of its impact on children and families. A great deal of dialogue, debate and passion went into writing this report. We have concluded that the recommendations contained in it constitute a plan that will substantially ' improve the response to child abuse in Contra Costa County. We ask that these recommendations be accepted and implemented as soon as possible. The Task Force members acknowledge the initial efforts of many parents which resulted in the formation of the Task Force. We also acknowledge the exceptional work of many people within the child abuse and family court systems in this county to protect children from abuse. We appreciate the Board of Supervisors establishing and supporting the Task Force. We particularly wish to thank everyone who took the time and effort to bring their ideas and concerns to the attention of the Task Force. BL R BBON TASK F CE N CHILD Al� SE SSUE i P i M. rissey air EXECUTIVE SUMMARY The Blue Ribbon Task Force on Child Abuse Issues was formed by the Contra Costa County Board of Supervisors with the following charge: ' ...to identify all parties involved in receiving, investigating and processing child abuse complaints. ' ...to outline the process which is followed in receiving, investigating and processing child abuse complaints. ...to receive testimony from individuals and organizations who wish to provide evidence to the Task Force. ...to identify areas in which the child abuse investigation and processing system may need improvement, who should be responsible for implementing the improvements, to define insofar as possible the cost of the recommended changes, and possible sources of funding those improvements in the system. ...to make recommendations to responsible policy makers for improvements in the child abuse reporting and processing system. ...where additional action by the State Legislature is required in order to implement the Task Force's recommendations, to identify the need for additional legislation. The Task Force met 39 times over a 12-month time frame. It heard presentations from major departments, agencies and disciplines involved in responding to child abuse. Public hearings were held in the east, central, west and south-central geographic areas in the county. Members then met weekly over the summer(8 times) to produce the recommendations in this final report. It is conservatively estimated that an average of 150 hours of time was contributed to the work of this Task Force by each member. This Report is ,organized into four primary sections: Reporting, Investigation, r Adjudication and Accountability. Each section contains specific recommendations. Recommendations are designed to increase the professional expertise of those working within the system; to promote cooperation, collaboration and communication among people working in different agencies, departments and disciplines; to improve the ability of the public to understand and access services; to clarify the process for reporting, investigating, and adjudicating child abuse cases;.and to increase the accountability for the actions of people working within the system. ' The Task Force members believe that the adoption and implemention of these recommendations will improve the lives of children and families in Contra Costa County. 2 ' FORWARD ' This Task Force-was directed to review the responses to the child abuse system within this county and offer suggestions on how to improve it. However, this Report would be incomplete without a commentary on the most successful response to child abuse, which is the prevention of abuse and neglect in the first place. Child abuse prevention is accomplished in various ways and by many organizations and ' agencies in Contra Costa County too numerous to mention here. The Task Force wishes to acknowledge a publication by the Child Abuse Prevention Council entitled "Surviving Parenthood" as a resource tool to access many of these agencies. These organizations and agencies dedicated to preventing child abuse deserve the full support of everyone in Contra Costa County and should be nurtured, supported and expanded to better serve the needs of our community. Education of the public regarding child abuse, neglect, child development, and parenting is far more effective before a child has been abused than after abuse occurs. 1. Recommendation: Schools, religious institutions and other community organizations are encouraged to take leadership roles in developing and teaching curricula regarding thealthy parenting, illegal drug use, alcohol abuse, and violence prevention. Many of the recommendations made will require additional funding, and the Task force recognizes there currently is no funding base for these activities. However, we strongly believe that funding should not be a barrier for implementation of any recommendation contained in this Report. 2. Recommendation: In order to fund the recommended additional resources, there be a dedication of a percentage of tax dollars in this county to services for children. This would be similar to the model implemented in San Francisco to ensure that children's services are adequately funded. 3. Recommendation: Contra Costa County should study and consider the establishment of an ombudsman position based on the model being implemented in Santa Clara County and other counties across the country. The County Administrator or another appropriate resource'within county government should be designated to complete this study and make a report to the Board of Supervisors within six months of the acceptance of this Report. The Task Force recognizes that the legal and ethical issues regarding confidentiality have an impact on the system's responses to child abuse concerns. The application of confidentiality varies from agency to agency within a county, and from county to county within ' the state, as it relates to reporters, victims, perpetrators and service providers. Confidentiality within the child abuse system is particularly complex. Individual rights to privacy must be weighed against concerns about the safety of children. Those involved in following through on all of the recommendations of the Task Force will need to carefully consider confidentiality in their planning. 3 REPORTING The Task Force looked at ways in which child abuse allegations come to the attention of investigating agencies. Several different sources of reports were discussed. Many child abuse reports are made by mandated reporters, professionals who are required by law to report ' suspected child abuse. Investigations are also prompted by reports from individuals in the community. A third area which the Task Force considered was cross-reporting, which is the sharing of initial reports between investigative agencies, particularly law enforcement and social services. I. .MANDATED REPORTING State law requires certain professionals who have contact with children through their work to report suspected child abuse to either Child Protective Services or a law enforcement agency. Reports must be made by phone immediately and in writing within 36 hours of learning r about the suspected abuse. Reports are made based on reasonable suspicion, and professionals can face legal sanctions if they fail to report. All of the professionals mandated by law to report need to have knowledge in the identification of child abuse and of reporting requirements and procedures. In addition, medical personnel and other mandated reporters may be reluctant to report suspicion of abuse due to fears about testifying, violating confidentiality or damaging their alliance with patient. 4. Recommendation: Increase training of mandated professionals. Training should include more information to mandated reporters regarding referral telephone numbers and resources; i.e., SCAN teams, CPS, etc. Yet another concern of the Task Force is that training for mandated reporters may be limited in scope and can be costly. 6. Recommendation: Request the Child Abuse Prevention Council to review training resources, including materials and programs provided through the state, which are ' available for professionals, and make recommendations for training. Training requirements for mandated reporters currently vary according to discipline, and reporters may receive only minimum training. Training should be consistent and extensive across disciplines. 6. Recommendation: Establish local certification process(es) for mandated reporters who receive significant training in child abuse identification and reporting. The law requires a broad group of professionals (e.g., day care providers, teachers, therapists, firemen, clergy, animal control officers, etc.) to report suspected child abuse. This, combined with limited training of mandated reporters, has led to a significant increase in reports to investigative agencies which are then determined as not requiring investigation. 4 7. Recommendation: Encourage the Legislature to establish a statewide task force to review mandated reporting legislation and make recommendations for changes. Develop legislation to provide additional funding for impacted services each time new mandates increase the number of professionals required to report. II. REPORTS FROM INDIVIDUALS A significant number of reports of child abuse are made by family members, friends, neighbors and community members. The majority of these reflect genuine concern over the treatment of a child. However, there are some false allegations made, and the ramifications of false reports can be devastating to children and families. There are also cases in family court settings where allegations are made during the course of a custody dispute and never proven. These allegations may increase as the conflict between parents escalates. Individuals who knowingly file false reports need to be held accountable to the extent the law allows. 8. Recommendation: Encourage the District Attorney's Office and others as may be g Y Y identified to vigorously report, investigate and prosecute anyone, whether.acting individually or on behalf of an agency, who files a false child abuse report when such charges of a false report can be substantiated. One of the critical areas the Task Force considered was the reporting of child abuse allegations within the context of custody disputes. In some custody disputes, child abuse allegations are made and embellished upon as the conflict between parents escalates. Policies must be in place to address these allegations. 9. Recommendation: Encourage the courts to establish policies and procedures to ensure that cases in which child abuse allegations arise in child custody proceedings are referred to law enforcement and the Department of Social Services for investigation. 10. Recommendation: Develop mandatory education for parents involved in custody/ visitation disputes on the impact of false abuse allegations on children as part of current parent education program in family court. I L Recommendation: In cases where child abuse allegations have been made, require parents to attend an extensive education program on both child abuse and the effects of false abuse allegations on children. 1I1. CROSS-REPORTING Agencies responsible for investigating child abuse (CPS, law enforcement, District Attorney's Office) are required by law to share child abuse reports with each other. This process helps ensure that the correct investigating agency is informed of abuse allegations. ' The cross-reporting process can be cumbersome, and some cases which require investigation may get lost in the referral process. The time lines for submitting paperwork should be realistic and the process streamlined. 12. Recommendation: Law enforcement and the Social Service Department form a joint work group to review and streamline the cross-reporting process. 5 ' INVESTIGATION The investigation stage of the child abuse reporting process begins at the point that the responding agency receives an allegation of abuse. This stage ends at the point that the responding agency makes a decision regarding what should occur next; i.e., filing a dependency petition, forwarding the results to the District.Attorney's Office for filing of a complaint or no further action. There may be additional investigation after the initiation of the court process up until the time the judge makes a decision regarding the initial allegations. ' The four courts that handle child abuse cases are defined below: * Family Law Court The investigation process begins at the point that one of the participants files an Order to Show Cause or Notice of Motion setting forth allegations regarding what abuse or neglect has occurred and requests that the court make orders based on those allegations. The investigation process may involve mediation or evaluation by Family Court Services or other professionals. The investigation stage continues up until the time that the court makes a decision about custody and visitation, either based on the recommendations of the mediator or the evaluator or at an evidentiary hearing based on testimony. * Juvenile Court The investigation stage starts when a report, either by phone call or reporting form, is received by CPS. The investigation stage continues until the department makes a decision whether or not a petition should be filed in the dependency court. Some other resolution may be reached, either a determination that the allegations are unfounded, unsubstantiated or a voluntary agreement to accept services. CPS may continue their investigation process up until the time that the matter proceeds to court hearing and the participants either reach an agreement regarding the court's involvement or the court makes a determination, based on the evidence presented to it, whether the petition is true and whether the court should assume jurisdiction over the children. * Probate Court The investigation process begins upon the filing of a Petition for Temporary and/or Permanent Guardianship by a person on behalf of a minor(s) with notification to the court investigator (Probation Officer). The court investigator addresses the need for guardianship based on the allegations and the appropriateness of the proposed guardian(s). Information is garnered through interviews with the minor(s), proposed guardian(s), any person filing objections to the Petition, and other collateral resources pertinent to the case. Background/criminal history checks are obtained as needed for the protection of the minor. ' A Report and Recommendation is prepared and submitted to the Probate Commissioner with copies to the involved parties. If the Petition is contested and cannot be resolved by mutual agreement of the involved parties, the case is sent to the master calendar for trial, and an attorney is appointed for the minor. Some probate guardianship petitioners are filed after the case has been"assessed out" by CPS. ' 6 ' Criminal Court This investigation stage begins when the law enforcement agency receives a report of abuse or neglect and continues until the time that the law enforcement agency makes a determination that it is appropriate to forward the matter to the District Attorney's Office for filing, or that there is not enough evidence to support a criminal complaint at that time. Once a complaint is filed in criminal court, there may be additional investigation conducted by the Police Department or the District Attorney's Office up until the time that the defendant pleads guilty or a trial is conducted and the court renders a verdict or decision. The investigation process includes many different tasks. One of the main tasks is that of interviewing people. Interviewing may include the victim, as well as the complaining witness, parents, children, siblings, and alleged perpetrators. A forensic examination in the investigation stage may be conducted. This may be an examination done by medical professionals, or by mental health professionals. In addition, in certain investigations there may be other experts who are involved in examining either the participants or physical evidence in order to give an ' opinion regarding the expertise. Investigation may also involve reviewing records relating to the allegations. Those records may include medical and psychological records, school records, and work records of different participants. A concern in the investigation stage is what happens to the contents of an investigation. If the investigation leads to a court process being initiated, then the contents of that investigation are generally subject to discovery procedures (subject to confidentiality exclusions by law). The contents will be available to the parents, county, and child's attorney in the juvenile court system; to the prosecution and defendants attorney in the criminal procedure, and in the family law procedure available to the parties upon appropriate request. The Task Force is very concerned about what happens to the contents of that investigation which does not lead to court action. If CPS does an investigation and decides that there is not an adequate reason to file a juvenile court action, what happens to all of the interviews and information that has been gathered by CPS? No system structure is in place that allows information gathered by one responding agency to be easily accessed by another agency and with the appropriate confidentiality protections. There is also. concern that there may be a lack of follow up to participants if there is no filing in court at the conclusion of the investigation. In evaluating all of the presentations and the public testimony, the Task Force identified several critical areas in the system where significant and consistent difficulties occurred and made initial recommendations for improvementin these areas. The critical areas were 1) training, 2) multiple interviews of the child, 3) recommendation for some of the specific responding agencies, 4) coordination among the responding agencies. 1. TRAINING Main areas identified by the Task Force requiring attention were the education, training and experience of all participants in all responding agencies and professionals involved in the investigation stage of the child abuse reporting process. Several of the concerns noted by the Task Force which needed attention would apply to all component agencies in this process. The specific concerns are set forth below. Investigators should have the ability to work with multi-cultural families and an. awareness of diverse cultures and specific problems of dealing with an investigation when the ' participants and/or witnesses are from another culture or speak a different language than the investigator. 13. Recommendation: Urge the Legislature to mandate training in the area of cultural diversity for all investigators, including law enforcement, CPS, family court services, medical and psychological professionals. 14. Recommendation: Recruit participants of different cultural backgrounds in all agencies. 15. Recommendation: Explore ways to expedite, and possibly coordinate, the use of interpreters or translators in the various agencies' investigative process. The legal and court process is very complex, and it is very important that information be shared throughout the course of the investigation. The Task Force envisions a person with knowledge of the juvenile, family law, criminal and probate court functions, able to answer questions about the process and how it works as well as identifying areas where there may be a limitation as to what can occur. Information regarding resources and referral sources in the community would be available for participants. Additionally, there would be educational video . tapes describing what occurs in each of the different courts available through some central county source to assist participants in understanding the system. 16. Recommendation: Create a resource staff position to assist individuals entering the system. 17. Recommendation: Establish an educational video tape library in order to assist parents in increase understanding and information about the child abuse and family court systems in dealing with child abuse issues. Communications between investigator(s) and family(ies) should be clear, and family(ies) should be treated.with respect and courtesy throughout the course of the investigation. ' 18. Recommendation: Professionals who participate in the investigative aspects of this process should receive training in and develop their own protocol in how to ensure that, the parties, whatever their role in the system may be, are treated with respect and with rconsideration. Priority should be given to ensure that the participants understand the system and how it is intended to work. The Task Force also recognizes that employees who provide investigative services at CPS and Family Court Services are in very difficult, sometimes confrontational situations. 19. Recommendation: Stress management training be made available to all employees, as well as other resources of relief which may be identified in this area. The Task Force also recommends training in three child-abuse-system components. A. MEDICAL/PSYCHOLOGICAL PRACTITIONERS Medical/psychological professionals are not receiving adequate training and exposure to the medical/psychological aspects of child abuse, including identification, management, prevention and reporting. Resources for in-service training in the medical/psychological aspects of child abuse are available within Contra Costa County. 8 20. Recommendation:'Promote training in the recognition, management, prevention and reporting of child abuse in medical schools, nursing schools, residencies (especially pediatrics, family practice, dentistry, emergency medicine, and mental health).and for all health care providers. 21.. Recommendation: SCAN teams should be utilized and created so that each medical facility within Contra Costa County that serves and/or treats children has access to the case review and consultation services of a SCAN team. 22. Recommendation: The SART team in west county should be supported, along with the formation of other SART teams in the future to serve other parts of the county. 23. Recommendation: The MDIC concept should be fostered to allow for the best initial forensic interview of child victims. B. SCHOOLS The Task Force heard testimony regarding concerns of inadequate training of teachers and other mandated reporters at school locations on recognizing and reporting child abuse. Concurrently, there was a public concern that the school district was not taking appropriate action to respond to the complaints of parents and students at their facilities. 24, Recommendation: School districts should be encouraged to provide training to all staff at the school district level to address child abuse issues. 25. Recommendation: Provide cross training among personnel of various responding agencies, including school districts. 26. Recommendation: School district personnel should cross train.with CPS to provide education and training for school district personnel to promote greater understanding of child abuse issues. 27. Recommendation: School files should contain information on whom to contact should an agency need to locate alternative family members for child placement as the result ' of a child abuse investigation. C. LAW ENFORCEMENT Often it is the beat officer who responds initially to the scene and who may:have Iimited training and experience. This can have significant impact on information in the initial interview of the child. Law enforcement investigators are sometimes not trained in all aspects of child abuse matters. In addition, many law enforcement agencies do not appear to have a specific person designated to deal with investigations in the area of child abuse. ' 28. Recommendation: Provide local training by county agencies for police investigators and officers. This training should occur with CPS personnel so that there is a clarity of what information is needed and education as to the appropriate roles and functions of CPS and law enforcement. 29. Recommendation: Modify state regulations and laws affecting training for law enforcement investigators to require that they receive training in the recognition and investigation of all child abuse matters, not just child sexual abuse. 9 tII. MULTIPLE INTERVIEWS OF CHILD There is a strong concern about the lack of interagency coordination on minimizing the number of interviews for children. There is concern that the caliber and expertise of the interviews varies greatly throughout different agencies in the county. 30. Recommendation: Encourage the local committee which is,pursuing an MDIC to continue its work. This Task Force supports the development of the MDIC with the expectation that it would minimize the number of interviews of a child and allow that child to form a relationship with one interviewer who would be available for any future interviews should they be required. 31. Recommendation: The Board of Supervisors needs to provide the necessary funds to establish an MDIC and ensure funding for same on an annual basis. 32. Recommendation: Protocols should be established for the appropriate use of audio and/or video taping of interviews. (A minority of the Task Force recommends that all interviews be.audio and video taped.) III. SPECIFIC AGENCIES INVOLVED IN THE INVESTIGATORY PROCESS A. CHILD PROTECTIVE SERVICES (CPS) ' The Task Force is concerned that the removal of a child from a family setting may be traumatic for the child. This may occur because of the abrupt nature of the removal, the fact that the investigation lasts too long, or the lack of or limited contact with family members. The Task Force is specifically concerned about the impact on a child of even temporary placement. CPS makes every effort to place children with family members, if appropriate, in order to minimize the trauma to the child. 33. Recommendation: All appropriate statutes and regulations must be followed in respect to removal of children. 34. Recommendation: Establish a policy to allow a parent(s) a supervisory and/or administrative review of their concerns regarding the removal of their child. 35. Recommendation: Encourage coordination or cross-referencing with schools regarding sharing of information for resources for children, since most school districts have emergency numbers available to them which may allow CPS to make contact with relatives that they do not know about or the parents refuse to disclose. When the department's investigation determines that CPS intervention is not required, the family has already been significantly disrupted and may be in need of services to deal with the experience. This may be particularly painful and distressing if the removal of a child or disruption of the family is based on inaccurate information. Families may feel they have been victimized by the investigation and/or removal of the child(ren) and may be traumatized when there is no clear explanation of procedures provided to the family. 36. Recommendation: When appropriate, CPS shall meet with the family to review what happened in the course of the investigation,. explain why the Department is not . 10 ' proceeding and provide the family with an opportunity to respond to the Department in order to reach closure. 37. Recommendation: Parents and caretakers shall be informed of the grievance procedure, at both the local and state levels, at their initial contact with the Department of Social Service. 38. Recommendation: CPS should provide information on community and counseling referrals as appropriate to the family to deal with the effects of the intervention. Additionally, there is concern regarding sharing the contents of the investigation. If CPS has decided that it is not appropriate to intervene in a case, the Task Force is concerned that all of the information which was obtained in the course of its investigation be provided to Family Court Services or other agencies that may become responsible for resolving the disputes that have arisen in the family. ' However, there could be issues of confidentiality that CPS would have to address before providing the contents of its investigation to Family Court Services or other agencies. 39. Recommendation: Develop a structure for sharing information among all agencies involved in the child abuse and family court systems in the county. ' Another concern is preventing duplication of investigative efforts so that the limited resources now available in the county do not become overloaded. Cross-training is needed between CPS and Family Court Services, as well as for any other agency(ies) which interacts ' with CPS or Family Court Services. 40. Recommendation: Develop a protocol to ensure that any one investigating a report of ' child abuse ask, as part of the initial, interview, whether;the family has had any involvement within the last two years with Family Court Services or CPS. ' B. FAMILY COURT SERVICES The Task Force is concerned that there be sufficient factual information available to Family Court Services in the course of its investigation and that litigants be given adequate opportunity to present their facts and information. In addition, the Task Force is concerned with the length of time it takes to prepare Family Court Service evaluations. Further, the concerns previously raised about training applies as well in the area of Family Court Services ' evaluations and investigations. 41. Recommendation: Family Court Services should be provided sufficient personnel to better enable it to conduct thorough and more expeditious investigations and evaluations. IV. COORDINATION BETWEEN RESPONDING/INVESTIGATING AGENCIES The Task Force is concerned that agencies involved in the child abuse and family court systems in the county may not know what other agencies are doing. As a result, there may be duplication of services or no provision of a service based on an erroneous assumption that some other agency is providing it. Additionally, there was a concern that some of the agencies in the county do not have a complete understanding of what occurs with other agency(ies) or have a reluctance to learn additional information about the work of another agency(ies) due to a ' 11 ' concern that additional demands may be made on their time or further paperwork may be required. A. CENTRAL RESOURCE PROGRAM The Task Force noted that many members of the public had concerns about how the system works and felt that they didn't know how or where to access information regarding the system, how it worked, where to make complaints, and how to address issues of modifying, changing or enforcing orders that are currently in effect. There was also a feeling that there was a lack of clarity in communication between participants in the investigation system and members of the public or persons who come in contact with the system, either voluntarily or involuntarily, about how the system works. ' complex, im ortant that information The legal and court processes are very and rt is very p be shared throughout the course of the investigation. ' 42. Recommendation: An information and resourcep osition be created as it relates to family law, juvenile, criminal and probate courts'processes and procedures. The Task Force envisioned this would be a person who had knowledge of juvenile, family law, criminal and probate court functions and would be able to answer questions about process and how it works as well as identifying areas where there may be a limitation ' as to what can occur, and having resources and referral sources in the community available to provide to participants. Additionally, there would be educational video tapes describing what occurs in each of the different courts available through some central county source to assist participants in understanding the system. 43. Recommendation: That there be a resource staff position created in the county to ' assist the public in educating themselves on the process. Part of the resources available could be videotapes of the various different court systems. (This recommendation is also made in the Training section.) ' B. LAW ENFORCEMENT AGENCIES IN DIFFERENT JURISDICTIONS A problem peculiar to a child abuse investigation by a law enforcement agency arises when the report or allegation of abuse occurred in one geographic jurisdiction and the participants, including the alleged perpetrator or victim, reside in'a different jurisdiction. ' The Task Force is aware that in these times of limited resources, if it is not an immediate problem and is not clear whose jurisdiction the case is, the law enforcement agency receiving the initial report may need to rely on another law enforcement agency to assist them in a follow up on the investigation. There is no protocol currently on how the agencies will interact in the investigation. 44. Recommendation: There should be a cooperative protocol developed for law enforcement agencies in the county to assist them in making determinations as to which agency is responsible for which portion of the investigation. The protocol should include the sharing of information obtained in the course of the investigation and which responsibilities should be divided up in a cooperative manner. The Task Force also recognized that there may be a need for a state-wide protocol to be developed since some of the geographical areas may be separated by several hundred miles. 12 ' 45. Recommendation: Urge the Legislature to mandate the development of a state-wide protocol to assist law enforcement agencies in cooperating on performing reciprocal investigations and interviews for other agencies when some of the witnesses or participants may reside in another agency's jurisdiction. 1 13 ' ADJUDICATION The majority of participants at the public hearings held throughout the county testified about their frustrations involving family law matters. Specific concerns identified by the participants were: 1) lack of understanding how the family court system works; 2) insufficient time allotted to their case; 3) inappropriate decisions by the court; 4) inadequate training and/or lack of information to make decisions; and 5) the overall issue of insuring that the child(ren)'s best interests were the basis for all court orders. It is recognized that the aforementioned participants constitute a small number of all those appearing before, not to mention affected by, our family law courts. This Task Force was not mandated nor is it in a position to determine whether their views are more widely shared. Nor rdid this Task Force undertake to determine whether any of these views are well founded. Given the expressed concerns and to hopefully provide participants in the family law court with avenues to address these concerns, the Task Force makes the following recommendations. . Child abuse cases should be accorded high priority and resolved expeditiously. 46. Recommendation: The courts of this county are urged to strictly adhere both to the letter and the spirit of statutes mandating the early trial and disposition of criminal, juvenile and custody cases involved child abuse issues. 47. Recommendation: Family Court Services is requested to substantially expedite its custody evaluations and especially those involving child abuse issues. ' 48. 1 Recommendation: The courts of this county are encouraged to continue to promote the use of joint experts in cases involving children's issues and to employ other litigation practices calculated to shorten litigation without sacrificing the parties' due process rights. More judicial resources need to be dedicated to dealing with cases involving child abuse and other children's issues. 49. Recommendation: The Superior Court of this county is requested to allocate a sufficient number of qualified judicial officers to its juvenile and family law departments and to provide them with staff, facilities and equipment necessary for the proper discharge of their assignment. 50. Recommendation: Family law judicial officers are urged to allocate a sufficient portion of their work time to cases involving custody and, in particular, child abuse issues. 51. Recommendation: The courts of our county are urged to provide child-friendly waiting rooms for children participating or attending court proceedings. Care should be taken to ensure that children involved in court proceedings not be unduly traumatized by the experience. 14 . r 52. Recommendation: The courts of our county should spearhead the creation of a multi- disciplinary task force, composed of members from both interested county agencies and the public, to research policies and programs in effect elsewhere in the state and throughout the nation designed to protect, children from trauma during court proceedings. The best of these policies and proceedings should be adopted and implemented along with such excellent programs as CASR already in place in this ' county. Judicial officers dealing with children and children's issues, especially child abuse, should ' be adequately trained in those issues, as well as in strategies for better understanding and effectively communicating with children. 53. Recommendation: Request the California Legislature to enact legislation requiring all judicial officers dealing with children's issues, and especially those assigned to juvenile and family law departments, to attend training relating tot hose issues, as well as child communication. 54. Recommendation: In the interim, the courts of this county are urged to identify appropriate sources of training and, with such assistance, provide educational programs 1 designed to ensure their judicial officers are adequately trained in children's issues and child communication. ' 55. Recommendation: The presiding judges of our courts are urged not to assign cases involving children's issues to untrained judges. ' Cases involving children's issues require close monitoring. 56. Recommendation: The courts of this county are urged to provide automatic, periodic review, as appropriate in each case, of its orders affecting children. Court-appointed attorneys for minors, especially those representing children in juvenile, family law, and probate matters, should be well-versed in the processes and issues affecting ' their clients. 57. Recommendation: The courts of this county are urged to formulate and adopt criteria ' designed to ensure that attorneys appearing before them on children's issues pursuant to appointment are sufficiently trained and experienced with regard to the applicable law and court processes affecting their clients. 58. Recommendation: The State Bar of California should consider developing a specialization for attorneys in the area of children's issues, just as it has for other areas of law practice. The courts need to ensure that evaluators and other experts regarding children's issues be qualified. 59. Recommendation: The courts of this county are urged to formulate and adopt criteria designed to ensure that evaluators and other experts appointed regarding children's issues be adequately educated, trained, and otherwise qualified. Court-appointed attorneys for minors need to spend sufficient time with their clients to effectively represent them. 15 60. Recommendation: Willingness to devote such time with their clients as is necessary to effectively represent them should be made a criterion for appointment as minor's counsel, and the courts of this county are urged to make clear that failure to do so will result in counsel receiving no further appointments. ' Given the great impact of cases relating to children's issues, as well as the number of litigants representing themselves in such cases, there is a special need for persons involved in such cases to be duly informed as to the nature of the court proceedings and the role and rights of all participants. 61. Recommendation: The judicial officers of this county are urged to fully explain their decisions in cases involving children's issues, clearly stating the factual and legal basis of such decisions in language understandable to lay persons. r62. Recommendation: Judicial officers should inform pro per litigants (individuals who represent themselves without benefit of legal counsel) that they may have a right to appeal their decisions or have other rights of review. ' 63. Recommendation: The courts of this county should make available to litigants information on where to file complaints concerning inappropriate judicial performance. 64. Recommendation: Family Court Services is urged to institute a mandatory orientation program for child custody.litigants and to provide, as a component of such program, pertinent information relating to court proceedings and the role and rights of the participants in such proceedings. Such program should also address the potential impact on children of custody litigation. r 16 ACCOUNTABILITY ' The Task Force recognizes the excellent work being done by many dedicated people working in all areas of the child abuse systems in Contra Costa County. The Task Force also recognizes that the reporting, investigation and intervention, adjudication and treatment of child abuse, by their very nature, require actions and decisions that deeply affect children and families. All those who have the authority and responsibility to take such actions and make such decisions must be held accountable for the integrity and quality of their work. It is clear from the testimony the Task Force received that there are people whose lives ' have been affected by the actions and decisions of people in the child abuse system who feel that they have been victimized by the system. They feel they have had little or no opportunity to be heard or to have decisions reviewed. The Task Force makes no judgment on any individual case or the actions of any specific individuals working within the system. The Task Force does believe that there must be improved access to airing grievances, recourse to reconsideration of decisions, and ways to ensure that the system and those working in it are accountable for their actions and decisions. I. GENERAL Every written complaint against an agency or an individual working for an agency in the child abuse system should receive a response. ' 65. Recommendation: Require all county departments under the jurisdiction of the Board of Supervisors to establish a written policy that all complaints be responded to within ' an appropriate time frame. 66. Recommendation: All such written policies shall include a review process to ensure that such policy for responding to complaints is adhered to. 67. Recommendation: Encourage all others in the system to establish a written policy for ' responding to complaints. 68. Recommendation: All such policies shall be posted in a public location in each department and in the appropriate courts. Employees in the system should feel confident to report concerns with the conduct or decisions of co-workers and superiors without retribution. 69. Recommendation: Require all county departments under the jurisdiction of the Board of Supervisors to establish internal systems for assuring the safety of reporting such ' concerns. 70. Recommendation: Encourage those components of the child abuse system outside the control of the Board of Supervisors to establish such systems. 17 T. � ' n appropriate Accountability would be better promoted if reliable and app riate statistics were p developed. 71. Recommendation: Require all county departments under the jurisdiction of the Board of Supervisors to prepare annual reports reflecting the number and outcome of complaints. 72. Recommendation: Encourage those components of the child abuse system outside the control of the Board of Supervisors to prepare such reports. 73. Recommendation: Such reports should be scrutinized by the Child Abuse Systems Review Committee. Complaints about specific case decisions should be considered by those involved in the 1 decision-making process. 74. Recommendation:All appropriate departments should be required to develop a process for formal case review. II. AGENCIES AND DEPARTMENTS CPS workers must be competent to perform their duties. 75. Recommendation: Request the California Department of Social Services to develop a system of certification for CPS workers. The public must feel confident that grievances against specific workers within the system will be taken seriously. 76. Recommendation: Require all appropriate county departments under the jurisdiction of the Board of Supervisors to develop written policies for handling grievances pertaining t to an individual(s). These grievance policies shall be communicated to all clients at the beginning of each case. ' 77. Recommendation: Encourage all others in the system to establish a grievance policy for responding to complaints pertaining to an individual(s). ' 78. Recommendation: All clients instituting grievances shall be informed of the authority of any appropriate state agency/department to review cases. r � 18 SUMMARY OF RECOMMENDATIONS 1. Recommendation: Schools, religious institutions and other community organizations are encouraged to take leadership roles in developing and teaching curricula regarding healthy parenting, illegal drug use, alcohol abuse, and violence prevention. 2. Recommendation: In order to fund the recommended additional resources, there be a dedication of a percentage of tax dollars in this county to services for children. This would be similar to the model implemented in San Francisco to ensure that children's services are adequately funded. ' 3. Recommendation: Contra Costa County should study and consider the establishment of an ombudsman position based on the model being implemented in Santa Clara.County and other counties across the country. The County Administrator or another appropriate resource within county government should be designated to complete this study and make a report to the Board of Supervisors within.six months of the acceptance of this Report. 4. Recommendation: Increase training of mandated professionals. Training should include more]information to mandated reporters regarding referral telephone numbers and resources; i.e., SCAN teams, CPS, etc. b. Recommendation: Request the Child Abuse Prevention Council to review training resources, including materials and programs provided through the state, which are available for professionals, and make recommendations for training. 6. Recommendation: Establish local certification process(es) for mandated reporters who receive significant training in child abuse identification and reporting. 7. Recommendation: Encourage the Legislature to establish a statewide task force to review mandated reporting legislation and make recommendations for changes. Develop legislation to provide additional funding for impacted services each time new mandates increase the number of professionals required to report. ' 8. Recommendation: Encourage the District Attorney's Office and others as may be identified to vigorously report, investigate and prosecute anyone, whether acting ' individually or on behalf of an agency, who files a false child abuse report when such charges of a false report can be substantiated. 9. Recommendation: Encourage the courts to establish policies and procedures to ensure that cases in which child abuse allegations arise in child custody proceedings are referred to law enforcement and the Department of Social Services for investigation. 10. Recommendation: Develop mandatory education for parents involved in custody/ visitation disputes on the impact of false abuse allegations on children as part of current parent education program in family court. 19 11. Recommendation: In cases where child abuse allegations have been made, require parents to attend an extensive education program on both child abuse and the effects of ' false abuse allegations on children. 12. Recommendation: Law enforcement and the Social Service Department form a joint work group to review and streamline the cross-reporting process. 13. Recommendation: Urge the Legislature to mandate training in the area of cultural diversity for all investigators, including law enforcement, CPS, family court services, medical and psychological professionals. 14. Recommendation: Recruit participants of different cultural backgrounds in all agencies. 15. Recommendation: Explore ways to expedite, and possibly coordinate, the use of interpreters or translators in the various agencies' investigative process. 16. Recommendation: Create a resource staff position to assist individuals entering the system. 17. Recommendation: Establish an educational video tape library in order to assist parents in increase understanding and information about the child abuse and family court systems in dealing with child abuse issues. 18. Recommendation: Professionals who participate in the investigative aspects of this process should receive training in and develop their own protocol in how to ensure that the parties, whatever their role in the system may be, are treated with respect and with consideration. Priority should be given to ensure that the participants understand the system and how it is intended to work. 19. Recommendation: Stress management training be made available to all employees, as well as other resources of relief which may be identified in this area. 20. Recommendation: Promote training in the recognition, management, prevention and ' reporting of child abuse in medical schools, nursing schools, residencies (especially pediatrics, family practice, dentistry, emergency medicine, and mental health) and for all health care providers. 21. Recommendation. SCAN teams should be utilized and created so that each medical facility within Contra Costa County that serves and/or treats children has access to the case review and consultation services of a SCAN team. 22. Recommendation: The SART team in west county should be supported, along with the formation of other SART teams in the future to serve other parts of the county. 23. Recommendation: The MDIC concept should be fostered to allow for the best initial forensic interview of child victims. 20 24. Recommendation: School districts should be encouraged to provide training to all staff at the school district level to address child abuse issues. 25. Recommendation: Provide cross training among personnel of various responding agencies, including school districts. 26. Recommendation: School district personnel should cross train with CPS to provide education and training for school district personnel to promote greater understanding of child abuse issues. 27. Recommendation: School files should contain information on whom to contact should an agency need to locate alternative family members for child placement as the result of a child abuse investigation. 28. Recommendation: Provide local training by county agencies for police investigators rand officers. This training should occur with CPS personnel'so that there is a clarity of what, information is needed and education as to the appropriate roles and functions of CPS and law enforcement. 29. Recommendation: Modify state regulations and laws affecting training for law enforcement investigators to require that they receive training in the recognition and investigation of all child abuse matters, not just child sexual abuse. 30. Recommendation: Encourage the local committee which is pursuing an MDIC to continue its work. This Task Force supports the development of the MDIC with the expectation that it would minimize the number of interviews of a child and allow that child to form a relationship with one interviewer who would be available for any future interviews should they be required. 31. Recommendation: The Board of Supervisors needs to provide the necessary funds to establish an MDIC and ensure funding for same on an annual basis. 32. Recommendation: Protocols should be established for the appropriate use of audio and/or video taping of interviews. (A minority of the Task Force recommends that all interviews be audio and video taped.) 33. Recommendation: All appropriate statutes and regulations must be followed in ' respect to removal of children. 34. Recommendation: Establish a policy to allow a parent(s) a supervisory and/or administrative review of their concerns regarding the removal of their child. 35. Recommendation: Encourage coordination or cross-referencing with schools regarding sharing of information for resources for children, since most school districts have emergency number_-, available to them which may allow CPS to make contact with relatives that they do not know about or the parents refuse to disclose. 21 T)• 36. Recommendation: When appropriate, CPS shall meet with the family to review what happened in the course of the investigation, explain why the Department is not proceeding and provide the family with an opportunity to respond to the Department in order to reach closure. 37. Recommendation: Parents and caretakers shall be informed of the grievance procedure, at both the local and state levels, at their initial contact with the Department of Social Service. 38. Recommendation: CPS should provide information on community and counseling referrals as appropriate to the family to deal with the effects of the intervention. 39. Recommendation: Develop a structure for sharing information among all agencies involved in the child abuse and family court systems in the county. 40. Recommendation: Develop a protocol to ensure that any one investigating a report of child abuse ask, as part of the initial interview, whether the family has had any involvement within the last two years with Family Court Services or CPS. 41. Recommendation: Family Court Services should be provided sufficient personnel to better enable it to conduct thorough and more expeditious investigations and evaluations. 42. Recommendation: An information and resource position be created as it relates to family law, juvenile, criminal and probate courts' processes and procedures. The Task Force envisioned this would be a person who had knowledge of juvenile, family law, criminal and probate court functions and would be able to answer questions about process and how it works as well as identifying areas where there may be a limitation as to what can occur, and having resources and referral sources in the community available to provide to participants. Additionally, there would be educational video tapes describing what occurs in each of the different courts available through some central county source to assist participants in understanding the system. 43. Recommendation: That there be a resource staff position created in the county to ' assist the public in educating themselves on the process. Part of the resources available could be videotapes of the various different court systems. (This recommendation is also made in the Training section.) 44. Recommendation: There should be a cooperative protocol developed for law enforcement agencies in the county to assist them in making determinations as to which agency is responsible for which portion of the investigation. The protocol should include the sharing of information obtained in the course of the investigation and which responsibilities should be divided up in a cooperative manner. ' 45. Recommendation: Urge the Legislature to mandate the development of a state-wide protocol to assist law enforcement agencies in cooperating on performing reciprocal investigations and interviews for other agencies when some of the witnesses or participants may reside in another agency's jurisdiction. 22 46. Recommendation: The courts of this county are urged to strictly adhere both to the letter and the spirit of statutes mandating the early trial and disposition of criminal, juvenile and custody cases involved child abuse issues. 47. Recommendation: Family Court Services is requested to substantially expedite its custody evaluations and especially those involving child abuse issues. 48. Recommendation: The courts of this county are encouraged to continue to promote the use of joint experts in cases involving children's issues and to employ other litigation practices calculated to shorten litigation without sacrificing the parties' due process rights. ' 49. Recommendation: The Superior Court of this county is requested to allocate a greater number of qualified judicial officers to its juvenile and family law departments and to provide them with staff, facilities and equipment necessary for the proper,discharge of ' their assignment. 50. Recommendation: Family law judicial officers are urged to allocate a greater portion of their work time to cases involving custody and, in particular, child abuse issues. 51. Recommendation: The courts of our county are urged to provide child-friendly waiting rooms for children participating or attending court proceedings. 52. Recommendation: The courts of our county should spearhead the creation of a multi- disciplinary task force, composed of members from both interested county agencies and the public, to research policies and programs in effect elsewhere in the state and throughout the nation designed to protect children from trauma during court proceedings. The best of these policies and proceedings should be adopted and implemented along with such excellent programs as CASR already in place in this county. 53. Recommendation: Request the California Legislature to enact legislation requiring all judicial officers dealing with children's issues, and especially those assigned to juvenile and family law departments, to attend training relating tot hose issues, as well as child communication. 54. Recommendation: In the interim, the courts of this county are urged to identify appropriate sources of training and, with such assistance, provide educational programs designed to ensure their judicial officers are adequately trained in children's issues and child communication. 55. Recommendation: The presiding judges of our courts are urged not to assign cases involving children's issues to untrained judges. 56. Recommendation: The courts of this county are urged to provide automatic, periodic review, as appropriate in each case, of its orders affecting children. 23 57. Recommendation: The courts of this county are urged to formulate and adopt criteria designed to ensure that attorneys appearing before them on children's issues pursuant to appointment are sufficiently trained and experienced with regard to the applicable law and court processes affecting their clients. 58. Recommendation: The State Bar of California should consider developing a specialization for attorneys in the area of children's issues, just as it has for other areas of law practice. t59. Recommendation: The courts of this county are urged to formulate and adopt criteria designed to ensure that evaluators and other experts appointed regarding children's issues be adequately educated, trained, and otherwise qualified. 60. Recommendation: Willingness to devote such time with their clients as.is necessary ' to effectively represent them should be made a criterion for appointment as minor's counsel, and the courts of this county are urged to make clear that failure to do.so will result in,counsel receiving no further appointments. 61. Recommendation: The judicial officers of this county are urged to fully explain their decisions in cases involving children's issues, clearly stating the factual and legal basis of such decisions in language understandable to lay persons. 62. Recommendation: Judicial officers should inform pro per litigants (individuals who represent themselves without benefit of legal counsel) that they may have aright to appeal their decisions or have other rights of review. 63. Recommendation: The courts of this county should make available to litigants information on where to file complaints concerning inappropriate judicial performance. 64. Recommendation: Family Court Services is urged to institute a mandatory orientation program for child custody litigants and to provide, as a component of such program, pertinent information relating to court proceedings and the role and rights of the participants in such proceedings. Such program should also address the potential impact on children of custody litigation. 65. Recommendation: Require all county departments under the Jurisdiction of the Board of Supervisors to establish a written policy that all complaints be responded to within an appropriate time frame. 66. Recommendation: All such written policies shall include a review process to ensure that such policy for responding to complaints is adhered to. 67. Recommendation: Encourage all others in the system to establish a written policy for responding to complaints. 68. Recommendation: All such policies shall be posted in a public location in each department and in the appropriate courts. 24 69. Recommendation: Require all county departments under the J`urisdiction of the Board of Supervisors to establish internal systems for assuring the safety of reporting such concerns. 70. Recommendation: Encourage those components of the child abuse system outside the control of the Board of Supervisors to establish such systems. 71.. Recommendation: Require all county departments under the jurisdiction of the Board of Supervisors to prepare annual reports reflecting the number and outcome of complaints. 72. Recommendation: Encourage those components of the child abuse system outside the control of the Board of Supervisors to prepare such reports. 73. Recommendation: Such reports should be scrutinized by the Child Abuse Systems Review Committee. 74. Recommendation:All appropriate departments should be required to develop a process for formal case review. 75. Recommendation: Request the California Department of Social Services to develop a system of certification for CPS workers. . 76. Recommendation: Require all appropriate county departments under the jurisdiction of the Board of Supervisors to develop written policies for handling grievances pertaining to an individual(s). These grievance policies shall be communicated to all clients at the beginning of each case. 77. Recommendation: Encourage all others in the system to establish a grievance policy for responding to complaints pertaining to an individual(s). 78. Recommendation: All clients instituting grievances shall be informed of the authority of any appropriate state agency/department to review cases. 25 1 dJ 1 GLOSSARY California Department of Social Service (State) A governmental agency of the State of California dealing with issues concerning adults, children and/or families as it relates to protection of children and adults, and financial assistance to families in need. Child Abuse Systems Review Committee (CASRC) The Contra Costa County Board of Supervisors established a CASRC in 1982 to identify gaps and deficiencies in the various systems that interplay in the child abuse cascade. Membership is multidisciplinary. Its process includes case review, fact finding and advocacy. Child Protective Services (CPS) A division of the county's Social Service Department which is responsible for receiving and investigating reports of alleged child abuse. This division is also responsible for making reports, which include suggested recommendations, to the court for its use in deciding cases involving placement of children, providing services to families to prevent removal of children, and to assist with reunifying families. 1, Confidentiality The legal mandate directed to each component of the child abuse and family court systems which defines who has the right and need to know information with regard to child abuse investigations. Court-Appointed Special Representative (CASR) A non-profit organization composed of individuals who volunteer their time and are trained in issues dealing with children and families. CASR's are appointed by the court, and agree to work with a child(ren) or family as their case moves through the court 1 process. Death Review Team (DRT) ' This team reviews deaths of children in the community. Identification of trends and preventable causes of death can help prioritize prevention and intervention programs. This is a subcommittee of the CASRC, and membership is multidisciplinary. There has been a DRT in Contra Costa County since 1987. It meets every other month. District Attorney The county office.that reviews investigations referred to it by law enforcement to decide whether to file criminal charges; prosecutes all cases that are filed. There is a special Sexual Assault Unit within the District Attorney's Office that reviews and prosecutes child abuse cases. Evaluation A process of interviewing both parents, which may include observation of parent/child interactions, in determining child custody and visitation. 26 1 d Family at Court Mediation A process whereby psychological professionals, either private or employed by Family Court. Services, meet with all parties in a family law matter in order to determine the best course of action for the child(ren) regarding custody and. visitation through agreement of the parents. The process for mediation in the Juvenile Court is a different process. Family Court Services A division of the Superior Court, Family Law Department, which employs psychological professionals who meet with adults and children in order to make recommendations to judges regarding custody and visitation issues. Law Enforcement A police or sheriffs department agency, or any individual employed by such agency. MDI C An-acronym for Multidisciplinary Interview Center, which provides a forensically and developmentally-trained professional to interview a child victim of physical and/or sexual abuse. The interview is videotaped and observed by representatives from law enforcement, the district attorney and CPS who can communicate with the interviewer as the interview occurs. Such a center has the advantage of gaining better information, sparing a child from multiple interviews, and determining credibility immediately. Public Defender and Alternate Public Defender The Public Defender and his staff represent individuals who cannot afford an attorney in specific cases. The Alternate Public Defender's Office is a division of the Public Defender's Office. As mentioned in this Report, attorneys employed in this department represent individuals involved in cases regarding removal of a child(ren) from the home or who are charged with criminal behavior against children. SART An acronym for Sexual Abuse Response Team, an entity staffed by nurse examiners who perform adult and child sexual assault examinations. SCAN Team An acronym for Suspected Child Abuse and Neglect Team, a hospital-based team who reviews reported and suspected cases of child abuse or neglect. A team may be composed of a medical doctor, a nurse, a Social Worker, a CPS worker, a law enforcement officer, and a mental health professional. The team can be called upon to provide consultation and case review as well as in-service education to other professionals. Social Service Department(County) The county department which deals with issues concerning adults, children and/or families as it relates to protection of children and adults, and financial assistance to individuals and families in need. 27 i APPEND At the beginning of our work, Task Force members agreed that any member who wished to add comments on the Report could do so in writing and that those written comments would be included in an Appendix at the conclusion of the Report. 28 October 14, .1996 Blue Ribbon Task Force Study Child Abuse Reply to the "Report of the Blue Ribbon Task Force on Child Abuse-Issues" Members of the Board, the Blue Ribbon Task Force and the County of Contra Costa The many hours spent by the Task Force to study the many problems have to be recognized as the tremendous and caring effort that was put forth. The county is fortunate to have persons who care enough to make the report possible. However some members of the Panel failed to recognize that every problem regarding a complaint of Abuse of Children, WILL AFFECT those families involved with that complaint. I have been involved with the Task Force for the past year as a Parent Representative. The Task Force has now submitted their.report to the Board with recommendations, guidance and suggestions to resolve various problems of Child Abuse we have been asked to address. The Blue Ribbon Panel was appointed by the Contra Costa Board of Supervisors to study"Child Abuse"problems, due to concerns and complaints by parents AND the Grand Jury Reports that for the past five (5)years, cited "Bureaucratic Child Abuse Problems". "Bureaucratic complaints of Abuse" and incompetence has adversely affected children and their families by many of the decisions made by Judges and other County Administrators who have ignored, manipulated or misinterpreted the laws. The biggest outcry has been the problems in Family and Juvenile Courts and the Department of Social Services, primarily Child Protective Service (CPS). 1993-94 Grand Jury Report:4 (Partial Excerpt) No. 9405 The Social Service Department Adoption Unit negatively exaggerates some children's limitations by branding them as"ugly"and having few social skills, thus keeping these adoptable children in the more expensive and less nurturing environment of foster care limbo." 'Every level of management, up to and including the Board of Supervisors have been informed of numerous problems with the Social Service Department and have failed to act." As the Parent Representative I took the time to meet with parents and Parent Groups who were concerned of the many problems they were involved in. It is for this reason.I have taken the time to make my comments and those of other parents heard. I had been a member on the Panel for five months and I had expressed myself very candidly and frankly of the complaints (problems) of the parents. It was obvious to me that my complaints were NOT welcome by certain members of the Panel. In April 1996 my husband and I were charged with the same type of Bureaucratic Abuse by CPS, that many parents and the Grand Jury had reported. My husband and I as well as our five children experienced FRUSTRATION, t29 r ' TERROR and FUTILITY when ever request we made for su ort and investigation of th Y �1 pp g e UNFOUNDED charges were ignored. The study and recommendations made by this panel will ONLY BEGIN to address these problems. I believe it is imperative of this panel to UNDERSCORE the importance of continuing to police and monitor the system. Every clerical position, up to and including judges, commissioners and referees appointed and elected to these very important and sensitive positions, cannot underestimate this responsibility. The importance of their responsibility as Public Servants is to serve and protect the children AND parents in the county, The report to the Board will be incomplete without addressing the original purposes that the parents in this county ORIGINALLY asked, when the Task Force was formed. The Task Force should correctly be named, "The Task Force to study FAMILY ABUSE. Respectfully, r. - Donice Davis Parent Task Force Representative, For the Parents of Contra Costa County r r - r r r 30 r