Determination of Findings of Investigation Or Finsa

SOP 7B.9 8/15/09 SOP 7D.17 R. 2/15/05 DETERMINATION OF FINDINGS OF INVESTIGATION OR FINSA

COA STANDARDS:  NA

LEGAL AUTHORITY:  42 U.S.C. 5106a  KRS 600.020  922 KAR 1:330  922 KAR 1:480

INTRODUCTION: The SSW makes a determination of a finding on each child on all reports with supervisory consultation based upon assessment of credible information and supportive documentation gained in the investigation or FINSA and the CQA process. Credible information consists of:  Personal observations of the home, child(ren), neighborhood and family interaction;  Interviews with caretakers, alleged victims, alleged perpetrators and collateral sources including witnesses, teachers, neighbors or other sources of information regarding family functioning;  Written statements from caretakers, alleged victims, alleged perpetrators and collateral sources;  Pictures of injuries and/or hazardous living conditions; and  Expert opinions or statements from medical or other professionals who are able to make statements diagnosing a specific condition; or  An adjudication of same by the court. (Link to Investigating and Making a Finding Tip Sheet)

SOP 7D.17 R. 8/1/03 FINDINGS

COA STANDARDS:  NA

LEGAL AUTHORITY:  KRS 620.140 Dispositional alternatives.

PROCEDURE: 1. Based on the evidence, the judge makes a finding of fact and conclusion of law regarding whether or not a child is dependent, neglected or abused. The AOC-DNA-4, Order Adjudication Hearing and AOC-DNA-5, Order Disposition Hearing form, indicates whether the child is committed to the Cabinet. The judge makes a finding: (a)Regarding reasonable efforts as outlined in 7C.14 Reasonable Efforts SOP; and (b)That the child’s commitment is due to the child needing protection or extraordinary services. 2. The SSW should determine whether the local judge wants the SSW to tender any AOC form partially or fully completed with the relevant information pertaining to that child for the judges signature. 3. If after an investigation the Cabinet finds that a child is dependent, abused or neglected, but the court does not concur based on the evidence presented, the FSOS changes the finding of the investigation to agree with the court’s finding. 4. The FSOS changes the finding of the investigation when the final order from a CAPTA Fair Hearing process as outlined in 1.5 Service Appeals SOP overturns the Cabinet’s substantiated finding that a child has been dependent, neglected or abused. 5. The FSOS only changes the finding of the investigation and documents in the case record: (a)The reason why the finding is being changed; (b)Files a hard copy of the court order or the final CAPTA order in the case record; and (c) Leaves the CQA as well as any other part of the case record as is, except the finding. 6. After an adjudicatory finding, if the SSW believes that there is enough evidence to support the original investigative finding and the FSOS agrees: (a)The SSW within forty-eight (48) hours contacts the OLS Regional Attorney for consultation; (b)After consultation with OLS the SSW and FSOS decide whether to proceed with contesting the court’s adjudicatory finding on appeal; and (c) If the decision is to proceed the OLS Regional Attorney has: (1)Ten (10) days to file a motion to alter, amend or vacate the order; or (2)Thirty (30) days to file an appeal.