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CHILD AND FAMILY SERVICES AGENCY
NOTICE OF PROPOSED RULEMAKING
The Interim 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) (2008 Repl. & 2011 Supp.) and D.C. Official Code § 4-1306.01(d) (2011 Supp.)) (Act) and Mayor’s Order 2010-185, dated December 27, 2010, hereby gives notice of his intent to adopt a new chapter 85, to be 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.
The Interim Director intends to take final rulemaking action to adopt these rules in not less than thirty (30) days after the date of publication of this notice in the D.C. Register, and following the review by the Council of the District of Columbia (Council) required by section 601(d) of the Act (D.C. Official Code § 4-1306.01(d)). Pursuant to that section, the proposed rules will be transmitted to the Council and will be deemed approved upon the Council’s approval of the rules by resolution or the expiration of the Council’s thirty (30) day review period, whichever occurs first.
Title 29, PUBLIC WELFARE, of the DCMR is amended by adding a new chapter 85 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 § 8501.1 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.
8501.7A 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.
All persons desiring to comment on the subject matter of this proposed rulemaking should file comments in writing within thirty (30) days after the date of publication of this notice in the D.C. Register. Comments should be filed with Lionel Sims, General Counsel, Child and Family Services Agency, 400 6th Street, S.W., Washington, D.C. 20024 or online at www.dcregs.dc.gov. Copies of these proposed rules may be obtained without charge at the address above or online at www.dcregs.dc.gov.
