HD74 - Report of the Joint Subcommittee Studying the Child Protective Services System in the Commonwealth (HJR 502, 1995)


Executive Summary:

The subcommittee conducted an extensive study of the child protective services system in Virginia and determined that many of the problems identified are also faced by other states. A major recommendation of the subcommittee was the establishment of pilot multiple response sites in the Commonwealth. The subcommittee introduced legislation which requires the State Department of Social Services to establish a three-year pilot multiple response system for responding to reports of child abuse or neglect in three to five areas of the state. Rather than requiring a full-scale investigation of every report, the system allows reports to be evaluated by local departments of social services and less serious reports to prompt family assessments. In a family assessment, the emphasis will be on offering services rather than on making an abuse or neglect determination and entering the alleged perpetrator's name in the central registry. Cases that are not appropriate for a family assessment will be investigated using the current procedure. The legislation passed the 1996 General Assembly, and $89,000 was appropriated for the establishment and operation of the pilot sites. In addition, the subcommittee will be continued for three years to monitor the implementation of the multiple response system. A comprehensive discussion of multiple response systems appears in "Subcommittee Activities" (p. 4). The subcommittee made numerous other recommendations and introduced other legislation, which are discussed later in this report.

I. AUTHORITY

House Joint Resolution No. 502, agreed to by the 1995 General Assembly, established a joint subcommittee to study, evaluate and make recommendations concerning the child protective services system in the Commonwealth (Appendix A). The resolution requires the joint subcommittee to review the following issues:

1. The adequacy of investigatory training received by child protective services caseworkers.

2. The categories of complaint dispositions, particularly the "reason to suspect" category.

3. Access to and the use of the central registry.

4. The child protective services appeals process.

5. Proper procedures for editing investigative reports given to appellants.

6. The rights of appellants to present supporting witnesses and documents.

7. The implementation of recommendations of the State Department of Social Services' November 1994 study of the child protective services appeals process.

House Joint Resolution No. 481, patroned by Delegate Steve Newman, expanded the subcommittee's purview by asking the subcommittee to examine the use of allegations of child abuse to obtain custody of a child and whether sanctions should be imposed for the use of false allegations of abuse (Appendix B).