So now that you know what a 310 is, and what an investigation looks like (or could look like; they are honestly all a little different), let’s dive into what the possible outcomes from an investigation might be:
- Screened out
- Unsubstantiated
- Substantiated, no court involvement
- Substantiated, court involvement
(Please note that much of this language may be taken directly from the DCS website, as I want to ensure that I am giving 100% accurate information to you.)
Screened Out
A DCS 310 is screened out in Indiana if the report does not meet the definition of Child Abuse or Neglect as defined by Indiana law, there isn’t enough information to identify or locate the child or family, or the alleged incident occurred entirely out-of-state with no current risk of harm to the child in Indiana. The decision to screen out a 310 is made by a hotline intake supervisor after a review of the report and supporting information. One exception to a screen out is when reports involve a homeless unaccompanied minor receiving shelter from a designated program; these may not be screened out, even if other elements suggest a screen-out.
Unsubstantiated Report
If the Indiana DCS investigation determines that the allegations of abuse or neglect are “unsubstantiated,” (meaning that there is nothing to the allegations and they are untrue or unproven), the case is closed, and no further action is taken. The family will have no long-term consequences, and the report may eventually be expunged from the child protection index.
Substantiated Report, No Court Involvement
If DCS determines that the allegations are “substantiated” (meaning there is something to them and a child needs protection) but determines the child is not in immediate danger, a formal court case may be avoided through voluntary agreements. There are two possibilities here: a Service Referral Agreement (SRA) or a Program of Informal Adjustment (IA).
The SRA means that the family voluntarily agrees to participate in the DCS-recommended services. These include, but are not limited to, counseling, parenting classes, or substance abuse treatment. And because these are voluntary on the part of the family, it is done without a court order.
The IA means that DCS can request court-monitored services, with the consent of the parent or guardian. This requires court approval but avoids formally declaring the child to be a Child in Need of Services (CHINS). An IA typically lasts six months but can be extended by three months if necessary.
Substantiated Report, Court Involvement
If DCS concludes that court intervention is necessary to protect the child, the agency will file a petition in juvenile court alleging the child is a “Child in Need of Services” (CHINS). This is the type of ruling that the family of the child in your care received. (Also here is where I will REALLY lean hard on the official wording, as I don’t want to get anything incorrect.)
Once a child has a petition from DCS to become a CHINS, there will be a fact-finding hearing. A juvenile court judge holds the hearing and DCS must prove the allegations by a “preponderance of the evidence”. At this point, if the court finds the child is not a CHINS, the case is discharged. However, if the court finds the child is a CHINS, the case moves to the dispositional phase. At the dispositional hearing, the judge creates a case plan that outlines the services and actions the family must take. These can include (but are not limited to):
- Parenting classes
- Mental health or substance abuse treatment
- Home visits
- Supervised visitation
- Family therapy
- Securing stable housing and employment
Additionally, due to the allegations and safety of the child, if the court determines that the child cannot safely remain in the home, the child may be temporarily removed and placed with relatives or placed in foster care (in the instance of it being a removal from a foster home, they would obviously be removed and placed with a different foster home). As a foster home, you are more than likely familiar with the next steps following removal and what those outcomes would be for biological family, so I’ll breeze through them quickly.
In most cases, the initial goal is for reunification (to reunify the family once the parents have completed the requirements of the case plan). DCS performs regular reunification assessments to determine if the family is making progress. If the family is unable to meet the reunification requirements within a court-mandated timeframe, DCS may petition the court to terminate parental rights. This can occur when a child has been removed from the home for an extended period, which is typically 12 to 15 months, depending on the case. However, it could be more or less time, depending on the individual case. If reunification is not possible, the court can approve other permanency goals for the child, such as adoption, legal guardianship, or placement with a fit and willing relative or foster parents who are willing and able to adopt.
But since this post is for you, the foster parents, you are probably wondering what the process would look like if a 310 was called in on you, so here it goes:
Is there a removal if the 310 is unsubstantiated? Not usually, but it is possible. This could be at the determination of the foster parent to give notice, a recommendation by the team, or the recognition that the placement is just a poor match. It could be to protect the integrity of the foster parent, reduce risk of continuous future false allegations, or because the 310 brought to light that there are circumstances that make this living arrangement too risky (there is inappropriate behavior between foster children, or a child is seductive to adults, a child is harmful to pets in the home, or there is a non-stop barrage of false allegations from the child’s family, the child now requires their own bedroom but the home doesn’t have sufficient space… the list goes on).
Another issue leading to the removal of the child with an unsubstantiated finding could be the events leading to the 310 doesn’t reach the level of “abuse/neglect”, but is extremely concerning. It could be just shy of abuse, or could be an egregious violation of Licensing rules (this could include, but is not limited to: no bruising or welts, but the foster parent slapped, spanked, or used a belt on the child, or is verbally demeaning of them).
Is there a removal if the 310 is substantiated? Usually, but there are rare exceptions in which the placements might not be removed, depending on the type of abuse. It is possible that an accidental bruise, momentary lapse in judgment, or a scenario of neglect could allow a child to remain in the home but with the agency employing a safety plan and corrective action plan with services such as counseling, increased supervision, training, etc.
Does a foster home have to close its license if the 310 is substantiated? Like the first question above, usually, but with rare exceptions. It would depend on the circumstances and would require a deep analysis and review of the allegations and findings. Then, the agency would have to compile evidence and submit a request for a background check waiver with DCS in order to authorize continued licensure of the home. Sometimes a license is revoked because of the actions of one of the foster parents, with the other being an innocent party. If they happened to divorce or separate in the future and the innocent parent wanted to return, that could be a possibility.
Is there an appeal process? Yes, there is; generally, once the report is completed and approved, within 15 days, DCS should send a “Notice of Availability” or a “Notice of Substantiation” form to the alleged perpetrator. If substantiated, the notice will include information on the individual’s right to request an Administrative Appeal (the Administrative Appeal request form may be included with the notification). The request form must be submitted within 30 days of the date of the report, or the alleged perpetrator waives their right to the appeal and the substantiation stands. Once the request is received by DCS General Counsel, the requestor will receive notice of the date, time and location of the administrative hearing. For such a hearing, an attorney may be helpful, but is not required.
Additionally, there is also a legal/court process whereas the subject of the investigation (the alleged perpetrator), can request the court to expunge the record from the system. This is a more complicated endeavor and the assistance of an attorney would be advisable.
I know this was a lot of information to throw at you so we will pull the rip cord on the discussion for now. But next time I will give you some tips to help you think through a safety plan to best protect you from having a 310 called in (please note there is no guarantee that it won’t happen, but there are things you can do to help prevent it).
Sincerely,
Kris