Module 2: Laws & Policies Review (i.e. Ch. 39; AFSA; CAPTA; AAWCA; ICPC; MEPA)

Time: 1 hour

Module Purpose: The purpose of this module is to familiarize participants with the history and legislation that will inform their practice as child protective investigators. There are no skills-based terminal objectives for this module. This is a content-only module.

Demonstrated Skills:1. N/A

There is 1 unit in this module.

Materials Needed: Trainer’s Guide Participant’s Guide (participants should bring their own) Markers Flip chart

Agenda:Unit 2.1: Laws & Policies Review

A. State and Federal Child Welfare Legislation

Trainer Instructions and Script: This Module is intended as a quick review of Core. Be sure to refer

participants back to the Core PG and notes.

Display slide 2.0.1: Laws & Policies Review (PG:1)

Display slide 2.0.2: Learning Objectives (PG:1)

Display slide 2.0.3: Agenda (PG:1)

Unit 2.1: Laws & Policies ReviewTime: 1 hour

Unit Overview: The purpose of Unit 1 is to familiarize participants with the pertinent laws and policies that inform and guide child protective investigations.

Learning Objectives:1. Describe how the correct application of law, rules and policies ensure

that child protective investigations are conducted in the best interests of the family, child and state.

Trainer Instructions and Script:

Display slide 2.1.4: Law and Policies Review (PG:2)

Display slide 2.1.5: Learning Objectives (PG:2)

Say: The purpose of this module is to review the history and legislation that will inform your practice as child protective investigators.

Display slide 2.1.6: State and Federal Child Welfare Legislation (PG:3)

Say: In Core you were introduced to the key legislation that guides child welfare practice. I am hoping that you remember that there is a hierarchy in that our legal system that starts at the Constitution and trickles all the way down to your Operating Procedures.

Just as a refresher, the multiple legal levels authorize and in some cases mandate the protective actions you will take as protective investigator.

At the top of the hierarchy are the Constitutional laws that as you recall are those laws that serve to affirm our inalienable rights. When I say our rights, I mean everyone’s rights, including children. These laws take precedence over all other laws/policies. State statutes such as Chapter 39, must be must be in compliance with or aligned with Federal laws. Federal statutes or laws always prevail over State statutes.

Similarly, Florida’s Administrative Codes or F.A.C. such as F.A.C 65 C, must be consistent with Florida’s State laws. You may hear these codes referred to as “Rules.” Typically, the FAC’s are designed to provide more detail than do the State laws.

Last is the Department’s Operating Procedures Manual or OPM. The procedures in the OPM must be consistent with F.A.C., state, federal and constitutional laws.

There are many federal statutes pertaining to child welfare that are important for you to know from a legal as well as a historical perspective.

Ask: Who can name a Federal law that guides child welfare practice?

Trainer Notes: Page 4 in PG can be used as a reference. After participant names the legislation, have them tell you what it does or impacts practice. Make sure that you cover the following:

By way of review, we will discuss five particularly important federal laws: Child Abuse Prevention and Treatment Act of 1974 (often referred

to as “CAPTA”). Adoption and Safe Families Act of 1997 (referred as “ASFA”). Interstate Compact on the Placement of Children (known as

“I.C.P.C.”). Indian Child Welfare Act (“ICWA”). Multi Ethnic Placement Act (or “MEPA”).

These five federal statutes will guide your role as a CPI.

The Child Abuse Prevention and Treatment Act (CAPTA) Passed in 1974. Expanded federal involvement in child welfare. The passage of CAPTA transitioned the federal government from a

more passive role into a leadership role in the protection of children.

CAPTA accomplishes two main goals:1. Establishes federal programs to research the causes of child

abuse and neglect as well as implement programs within states utilizing best practices.

2. Provides opportunities for states to draw down federal funds to support programs aimed toward preventing and addressing child abuse, neglect and other maltreatments.

The Adoption and Safe Families Act or ASFA fundamentally changed the way we work in child protection. Passed in 1997 Declares that the child’s health and safety is of primary concern. ASFA requires that states:

1. Preserve and reunify families (when accomplishable without jeopardizing child safety).

2. Place the child in a timely manner.3. Finalize a permanent placement within 12 months either

with the parents, a relative, legal guardianship or another planned living arrangement or APPLA because it is in the child’s best interest to terminate parental rights or TPR.

The Interstate Compact on the Placement of Children or ICPC

establishes procedures for all states when placing children across state lines.

Because a state’s jurisdiction ends at its borders, ICPC provides a mechanism to ensure that children being placed across state lines are protected and provided proper services.

Under the ICPC, the sending state retains court jurisdiction during the placement to ensure that the child can return, if necessary. The sending state is then financially responsible for the child if parents, relatives or other financial supports are not available in the receiving state.

The Indian Child Welfare Act (ICWA) serves to protect Native American heritage under federal law.

If a Native American child is the subject of a dependency case, the tribal court may have control over the case or be permitted to intervene in the circuit court case.

Requires you to first always determine if a child is of American Indian descent and is recognized by the federal government as such before moving forward with dependency proceedings.

The percentage of Indian blood necessary to qualify varies by tribe; the chief of the tribe determines eligibility.

DCF and its providers have no authority on an Indian reservation unless there is a signed agreement to the contrary.

DCF does have the authority to respond in situations if the Indian child does not live on a reservation; however, immediate contact must be made with the tribal liaison.

This is very important for you as an investigator to know.

Upon receipt of an intake, no matter where the child lives, you must locate and follow any agreement existing between the Indian tribe and Agency.

While emergency removal from the reservation is allowed, the child’s Indian parents, custodians, and the tribe must be notified.

The Multi Ethnic Placement Act (or MEPA)

Prohibits the delay or denial of any adoption or placement in foster care due to the race, color, or national origin of the child or of the foster or adoptive parents.

Requires states to provide for diligent recruitment of potential foster and adoptive families who reflect the ethnic and racial diversity of children for

whom homes are needed.

Activity #1: Legislative Recall

PG:3

Materials: Prize for winning group (i.e. candy, sticker, first one out for break)

Trainer Instructions: This activity is designed to test participant recall of the intent of the

legislation just reviewed. Set up small groups. Give the participant’s a description of Federal legislation and have

them tell you what the name of it.1. Strives to enhance permanency for all children in the dependency

system ASFA (Adoption and Safe Families Act of 1997).2. Protects the autonomy of Native Tribes ICWA (Indian Child

Welfare Act).3. Addresses issues of race and ethnicity within the dependency

system MEPA (Multi Ethnic Placement Act).4. Creates federal funding to prevent child abuse and neglect CAPTA

(Child Abuse Prevention and Treatment Act).5. Ensures children’s best interests across state borders ICPC

(Interstate Compact on the Placement of Children)

Say: Please turn to Page 6 in your participant guide and you will see Chapter 39 Purpose and Intent.

Trainer Notes: Walk through the sections of the Chapter 39: Purpose and Intent in the Participant guide. Review the following:

Chapter 39 Reflects the philosophy of federal laws (e.g., The Adoption

Assistance and Child Welfare Act of 1980 and The Adoption and Safe Families Act of 1997).

Many state laws are developed to meet the requirements the federal government has tied to the department’s funding sources. As previously noted, lack of compliance with these federal requirements often results in a loss of federal funding.

Is the foundational law and primary legal reference for dependency cases in Florida.

Follows the chronological development of a case from reporting, to investigations, to removal, and on through to permanency.

Provides most of the legal guidance needed for drafting court documents and preparing for court hearings.

Let’s take a closer look at Chapter 39 and see how it addresses specific issues with regard to child welfare.

Say: Changes occur to Chapter 39 on a yearly basis and it is up to you

to keep informed on the most recent changes (i.e., obtain and utilize an updated Chapter 39 manual).

It is critical that you remember that the goal of investigations is to improve outcomes related to safety, well-being and permanency and to understand that this done within the auspices of state and federal laws.

The Florida Child Welfare model is one that accounts for the legal parameters that are set forth in the legislation which further underscores the need for adherence to the model.

The Child Welfare strategic vision can only be implemented within the context of State and Federal Child Welfare Legislation;

Say: Now turn to Page 8 in your guide and let’s look at the Dependency Case Management Flowchart as a visual to how Chapter 39 is applied in the case management process.

Trainer Notes: Walk participants through the caseflow with attention to the statutory requirements. If you have time, have them cross over to specific sections of the Chapter.

Ask: Are there any questions about Chapter 39?

Trainer Notes: Reiterate that this review was a high level overview and it is incumbent on the participants to review and understand the basis and intent of Chapter 39.

Say: Let’s talk briefly about Administrative Codes that are also known as “Rules,” which is short for “Rules of Practice and Procedure.” The Rules: Provide clarification where there are questions in applying state

or federal law Fill in the details necessary to turn a principle into daily reality Chapter 65C-30 General Child Welfare Provisions

The Florida Rules of Juvenile Procedure

Govern court procedures for dependency cases Provide content requirements for petitions Explain the purposes and requirements for court hearings Supply practical information missing from the laws by explaining

how the laws are to be put into daily court practice Guide attorneys to follow court procedures These rules are not laws in the strictest sense, however the court

will not accept any document or practice not in accordance with the rules

Everything prepared for court must be done in conjunction with the rules for juvenile procedure

Operating Procedures Further clarify the Administrative Codes (Rules) Provide details for day-to-day job activities Are agency specific

Ask: Are there any questions about the laws and rules we just discussed.

Trainer Notes: The following activity can only be used if there is access to Chapter 39 and FAC 65-C

Say: Now we are going to see how you do with actually finding your way through Chapter 39 and the F.A.C. Please turn to Page 5 in your guide. You will find a worksheet with specific issues that you will need to locate in either Chapter 39 or the FAC. You will work as a group on this exercise.

Activity #2: Scavenger Hunt

PG:3

Materials: Copy/Access of Chapter 39 Access to F.A.C.

Trainer Instructions: Instruct participants to turn to Page 10 in their participant guide.

Allow participants to work in group You can assist if needed. Prompt to use word searches if cannot

locate the citation.

Activity STOP