4698503 Child and Family Services Agency - Notice of Final Rulemaking -Family Assessment Final Rules
-
CHILD AND FAMILY SERVICES AGENCY
NOTICE OF FINAL RULEMAKING
The Director of the Child and Family Services Agency, acting pursuant to the authority set forth in Section 601(d) of the Prevention of Child Abuse and Neglect Act of 1977, effective September 23, 1977 (D.C. Law 2-22; D.C. Official Code § 4-1303.03(a-1)(12) (2012 Repl. & 2013 Supp.), Section 601(d) of the Families Together Amendment Act of 2010, effective September 24, 2010 (D.C. Law 18-228; D.C. Official Code § 4-1306.01(d) (2012 Repl. & 2013 Supp.)) (Act), and Mayor’s Order 2010-185, dated December 27, 2010, hereby gives notice of the adoption of a new Chapter 85, entitled “Family Assessments in Child Welfare” to Title 29 (Public Welfare) of the District of Columbia Municipal Regulations (DCMR).
The rules provide the procedure for referring a family for a family assessment in lieu of an investigation in response to certain reports of abuse or neglect.
A Notice of Proposed Rulemaking was published in the D.C. Register on November 25, 2011 at 58 DCR 10001. Written comments were received from the public in connection with this publication and one technical change was made in Section 8501.4, which incorrectly referred to § 8501.1 rather than § 8501.2. The proposed rulemaking was submitted to the Council on June 24, 2013, for a 30 day period of review, as required by D.C. Official Code § 4-1306.01(d). As the 30 day review period expired without action by the Council to approve or disapprove the proposed rules, the proposed rules have been deemed approved. Final action to adopt these rules was taken on December 18, 2013.
These rules will take effect immediately upon publication of this notice in the D.C. Register.
Title 29, PUBLIC WELFARE, of the DCMR is amended by adding a new Chapter 85, FAMILY ASSESSMENTS IN CHILD WELFARE, to read as follows:
CHAPTER 85 FAMILY ASSESSMENTS IN CHILD WELFARE
8500 PURPOSE
8501 FAMILY ASSESSMENT
8599 DEFINITIONS
8500 PURPOSE
8500.1 The purpose of this chapter is to allow the Agency to respond to specific allegations of child abuse or neglect with a family assessment response.
8501 FAMILY ASSESSMENT
8501.1 A family assessment is an evaluation, for the purpose of developing a service plan, to determine:
(a) A family’s strengths and needs;
(b) The safety of any children in the home, including assessing whether there exists a risk of abuse or neglect of any child, but excluding a determination as to whether a report of abuse or neglect is substantiated, inconclusive, or unfounded;
(c) A family’s ability to function as a cohesive unit; and
(d) A family’s access to resources.
8501.2 The Agency may conduct a family assessment in response to a report of suspected child abuse or neglect, if the report does not involve:
(a) Child fatality;
(b) Suspected sex abuse; or
(c) Circumstances causing the Agency to suspect that a child is at imminent risk of or has experienced abuse or neglect that the Agency determines to be severe.
8501.3 If the Agency determines that a family assessment should be conducted:
(a) The assessment shall begin as soon as possible but no later than five (5) days after the Agency receives the report of suspected abuse or neglect; and
(b) The Agency shall see the child and all other children in the household within five (5) days of receiving the report of suspected abuse or neglect.
8501.4 If at any time the Agency determines that the circumstances outlined in § 8501.2 exist, a report referred for a family assessment shall be re-referred to the Agency for an investigation.
8501.5 The family’s cooperation with the family assessment shall be voluntary.
8501.6 If the Agency determines that the family needs services, the Agency shall assist the family in obtaining these services.
8501.7 A family’s acceptance of services offered as a result of the family assessment shall be voluntary.
8599 DEFINITIONS
8599.1 The following term shall have the meaning ascribed below:
Agency – the D.C. Child and Family Services Agency.
