Special Investigations
What are the chances you are going to have a special evaluation?
Almost every foster parent will go through a special evaluation at one point or another. If you know you have done nothing wrong, there is no need to panic. Even in a case where you made a mistake, please do not panic. You are not alone. If you need support call another foster parent or call our helpline at 517-225-7145.
Workers have to complete special evaluations to protect everyone involved including your family. They must complete the process and having complete and accurate records of any incidents can protect you as well as the agency during future court proceedings and in a case where the birth parent calls child protective services to file a complaint.
How to avoid having many special evaluations:
Be informed. Study the rules carefully to make sure you fully understand what is involved with foster care.
The most common rules broken involve privacy and confidentiality.
The 2015 BCAL confidentiality rules are as follows:
(1) A foster parent shall keep information obtained, and records maintained, by the foster parent regarding a foster child and a foster child’s parents and relatives confidential and shall release information only to a person authorized by the agency placing the child in the foster home.
(2) The requirements in subrule
(1) of this rule shall not prohibit a foster parent from communicating with any person or organization that has a statutory privilege or any person representing the foster parent in a licensing or legal matter.
Always remember:
What happens when you are in a special investigation?
The guidelines for determining the nature and urgency of the complaint fall into four primary areas:
A Concern is Voiced –
Upon receiving information that relates to possible noncompliance with any foster home rules, the agency shall do both of the following:
1. Notify the department's licensing authority within 5 working days.
2. Initiate a special evaluation of the foster home as soon as is indicated, based on the information received, but not later than 7 calendar days after receipt of the information.
The agency will then take the following steps:
Special note: CPS & Special Investigations happen together:
An independent special evaluation must be conducted even when a CPS investigation occurs. These may occur at or near the same time. In some circumstances, CPS and licensing staff may interview the same person at the same time. It is essential that the family under investigation and the respective licensing and protective services investigating staff are clear that these are separate and distinct investigations. The confidentiality provisions of the Child Protection Law must be respected (see SRM 131, Confidentiality - Child Protective Services Records). Completed special evaluation reports are available to the public upon request, but CPS reports are not. When licensing evaluations and CPS investigations are being conducted simultaneously, the licensing evaluation is to be based on facts acquired by licensing staff. The evaluation is not to be based on any of the facts separately acquired through the CPS investigation unless authorization to release information can be obtained according to law (see SRM 131, Confidentiality - Child Protective Services Records.)
What are your rights during the evaluation?
The agency shall inform foster parents of the following rights before they are questioned or interviewed regarding a special evaluation:
1. That the special evaluation has been initiated.
2. They have to give a clear description of the allegations.
3. The foster parent has the right and option to involve a person of their choice in any interviews with them involving the special evaluation if the involvement does not impede the timely completion of the evaluation (this can be a spouse, friend, representative, advocate, witness, lawyer, etc.)
4. The agency shall complete a special evaluation within 45 calendar days after the receipt of the information. If additional time is required, the agency shall inform the foster parent in writing of the basis for the extension.
5. Before completion of the written report, an agency shall provide the foster parent with a verbal summary of the preliminary findings at the conclusion of the evaluation.
Upon completion of the evaluation, an agency shall prepare a written report that includes all of the following information:
1. The date the information was received.
2. Identification of the information source, unless anonymous or confidential, as specified in Act No. 238 of the Public Acts of 1975, as amended, being §722.621 et seq. of the Michigan Compiled Laws, and known as the child protection law.
3. The allegations.
4. Dates and places of contacts, names of persons interviewed, and names of the interviewers. (If children are interviewed, their last names shall not be included in the report)
5. Findings of fact, based upon the evaluation.
6. Conclusions regarding licensing rules compliance or noncompliance based on the findings of fact.
7. Any change in the agency's decision regarding the number, sex, age, race, ethnic background, and specific characteristics of children who may be placed that is based upon the documentation contained in the summary and conclusions of the report.
8. Recommendations regarding licensing action and any required corrective action.
An agency shall do both of the following:
1. Provide the foster parent with a copy of the report within 10 calendar days of its completion.
2. Inform the foster parents, in writing, that he or she has a right to have his or her written response included as an attachment to the report.
Foster Parent Tip! Remember you can have an advocate with you: You are allowed to have ONE other person come with you to your special investigation. This can be anyone you choose (your spouse, a friend, a witness, a representative, an advocate, or even a lawyer).
Closing the Investigation
Almost every foster parent will go through a special evaluation at one point or another. If you know you have done nothing wrong, there is no need to panic. Even in a case where you made a mistake, please do not panic. You are not alone. If you need support call another foster parent or call our helpline at 517-225-7145.
Workers have to complete special evaluations to protect everyone involved including your family. They must complete the process and having complete and accurate records of any incidents can protect you as well as the agency during future court proceedings and in a case where the birth parent calls child protective services to file a complaint.
How to avoid having many special evaluations:
Be informed. Study the rules carefully to make sure you fully understand what is involved with foster care.
The most common rules broken involve privacy and confidentiality.
The 2015 BCAL confidentiality rules are as follows:
(1) A foster parent shall keep information obtained, and records maintained, by the foster parent regarding a foster child and a foster child’s parents and relatives confidential and shall release information only to a person authorized by the agency placing the child in the foster home.
(2) The requirements in subrule
(1) of this rule shall not prohibit a foster parent from communicating with any person or organization that has a statutory privilege or any person representing the foster parent in a licensing or legal matter.
Always remember:
- Never give out foster child's last name
- Never give out the details about the child's case to unauthorized individuals Never post anything specific about your foster child online
- Never post any pictures online of your foster child
- Keep records and basic daily journals for your foster child.
- Document, document, document!
- You can never document too much. Keep records of all doctors’ visits.
- When your foster child gets injured or hurt, report it to your case worker immediately, document it in your journal. Include time and date, how it happened, what it looks like. Many foster parents take a picture of the injury.
- Always check your child over before and after visits, and report anything unusual, or injuries of any kind to the case worker.
What happens when you are in a special investigation?
The guidelines for determining the nature and urgency of the complaint fall into four primary areas:
- High Risk - Immediate threat to the life, safety or welfare of foster children in care (CPS complaint required).
- Moderate Risk - Potential threat to the life, safety or welfare of foster children in care. In this situation, the threat does not appear to be immediate (CPS complaint required).
- Low Risk - Allegations involving possible rule violations that may or may not have a direct impact on the safety of a foster child in care. Those foster children receiving care are not considered to be in immediate danger.
A Concern is Voiced –
Upon receiving information that relates to possible noncompliance with any foster home rules, the agency shall do both of the following:
1. Notify the department's licensing authority within 5 working days.
2. Initiate a special evaluation of the foster home as soon as is indicated, based on the information received, but not later than 7 calendar days after receipt of the information.
The agency will then take the following steps:
- Inform the foster parent named in the complaint that a complaint has been received.
- Conduct a scheduled or unscheduled visit depending on the nature of the complaint. Unscheduled visits must be approved by the supervisor.
- Communicate the nature of the complaint received at the time of the home visit.
- Inform the foster parents that they have an option to involve a person of their choice in any interviews with them if the involvement does not impede the timely completion of the evaluation. (See CFP 713-3, Presence of Support Persons During Interviews of Adults for more information.)
- Inform the foster parent that written confirmation of the findings will be forwarded upon completion of the investigation. Be alert to other possible licensing rule violations when conducting the home visit.
- Provide an opportunity for the foster parent to thoroughly respond to the complaint and to the alleged rule or Act 116 violations. This approach may serve to reduce anxiety experienced by the foster parent.
Special note: CPS & Special Investigations happen together:
An independent special evaluation must be conducted even when a CPS investigation occurs. These may occur at or near the same time. In some circumstances, CPS and licensing staff may interview the same person at the same time. It is essential that the family under investigation and the respective licensing and protective services investigating staff are clear that these are separate and distinct investigations. The confidentiality provisions of the Child Protection Law must be respected (see SRM 131, Confidentiality - Child Protective Services Records). Completed special evaluation reports are available to the public upon request, but CPS reports are not. When licensing evaluations and CPS investigations are being conducted simultaneously, the licensing evaluation is to be based on facts acquired by licensing staff. The evaluation is not to be based on any of the facts separately acquired through the CPS investigation unless authorization to release information can be obtained according to law (see SRM 131, Confidentiality - Child Protective Services Records.)
What are your rights during the evaluation?
The agency shall inform foster parents of the following rights before they are questioned or interviewed regarding a special evaluation:
1. That the special evaluation has been initiated.
2. They have to give a clear description of the allegations.
3. The foster parent has the right and option to involve a person of their choice in any interviews with them involving the special evaluation if the involvement does not impede the timely completion of the evaluation (this can be a spouse, friend, representative, advocate, witness, lawyer, etc.)
4. The agency shall complete a special evaluation within 45 calendar days after the receipt of the information. If additional time is required, the agency shall inform the foster parent in writing of the basis for the extension.
5. Before completion of the written report, an agency shall provide the foster parent with a verbal summary of the preliminary findings at the conclusion of the evaluation.
Upon completion of the evaluation, an agency shall prepare a written report that includes all of the following information:
1. The date the information was received.
2. Identification of the information source, unless anonymous or confidential, as specified in Act No. 238 of the Public Acts of 1975, as amended, being §722.621 et seq. of the Michigan Compiled Laws, and known as the child protection law.
3. The allegations.
4. Dates and places of contacts, names of persons interviewed, and names of the interviewers. (If children are interviewed, their last names shall not be included in the report)
5. Findings of fact, based upon the evaluation.
6. Conclusions regarding licensing rules compliance or noncompliance based on the findings of fact.
7. Any change in the agency's decision regarding the number, sex, age, race, ethnic background, and specific characteristics of children who may be placed that is based upon the documentation contained in the summary and conclusions of the report.
8. Recommendations regarding licensing action and any required corrective action.
An agency shall do both of the following:
1. Provide the foster parent with a copy of the report within 10 calendar days of its completion.
2. Inform the foster parents, in writing, that he or she has a right to have his or her written response included as an attachment to the report.
Foster Parent Tip! Remember you can have an advocate with you: You are allowed to have ONE other person come with you to your special investigation. This can be anyone you choose (your spouse, a friend, a witness, a representative, an advocate, or even a lawyer).
Closing the Investigation
- The Foster Family Home Rule Compliance Record, BCAL-3080, is to be completed.
- If you are found guilty of a rule violation, the appropriate disciplinary action will be taken. Oftentimes the agency will issue a CAP or Corrective Action Plan that requires you to perform additional training to prevent the same problem from occurring in the future. Don’t panic if this happens. A large percentage of foster homes have been through one or more CAPs.
- Although taken very seriously, foster workers know it is not uncommon for biological parents to make allegations against foster parents. If there has been a report of child abuse or neglect and you are found innocent, nothing will go on your record, and everything is wiped clean.
Source 1:
FOM 922-2 http://www.mfia.state.mi.us/OLMWEB/EX/FO/Public/FOM/922-2.pdf
Source 2:
BCAL
http://www.michigan.gov/documents/dhs/BCAL-PUB-11_216515_7.pdf
FOM 922-2 http://www.mfia.state.mi.us/OLMWEB/EX/FO/Public/FOM/922-2.pdf
Source 2:
BCAL
http://www.michigan.gov/documents/dhs/BCAL-PUB-11_216515_7.pdf
Relevant Links:
NEW COMPLAINT WHEN CHILD IS IN FOSTER CARE
https://dhhs.michigan.gov/OLMWEB/EX/PS/Public/PSM/716-9.pdf
CHILD ABUSE AND NEGLECT CENTRAL REGISTRY (CA/NCR)
https://dhhs.michigan.gov/OLMWEB/EX/PS/Public/PSM/713-13.pdf#pagemode=bookmarks
CPS Policy Manuals Shttps://dhhs.michigan.gov/OLMWeb/ex/PS/Mobile/PSM/PSM%20Mobile.pdf
NEW COMPLAINT WHEN CHILD IS IN FOSTER CARE
https://dhhs.michigan.gov/OLMWEB/EX/PS/Public/PSM/716-9.pdf
CHILD ABUSE AND NEGLECT CENTRAL REGISTRY (CA/NCR)
https://dhhs.michigan.gov/OLMWEB/EX/PS/Public/PSM/713-13.pdf#pagemode=bookmarks
CPS Policy Manuals Shttps://dhhs.michigan.gov/OLMWeb/ex/PS/Mobile/PSM/PSM%20Mobile.pdf