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When a report meets the statutory criteria of a valid CPS report, the local DSS must determine whether to approach the family using either the Family Assessment response or Investigative Assessment response. MRS allows county DSS to respond differently to reports of neglect and dependency. Counties are not allowed to respond differently to reports of abuse, abandonment and other special types of reports.
There is nothing in MRS that allows an agency to screen out a report that meets the statutory criteria of a valid CPS report and offer support services in place of CPS.
There is also nothing in MRS that allows an agency to initiate a CPS assessment using a Family Assessment response because the allegations would make it a good MRS case when, in fact, the report does not meet the statutory criteria of a valid CPS report. In all cases, the report must be screened based upon the allegations of the reporter, and if true, meet the statutory criteria of a valid CPS report. Regardless of the assignment to either CPS assessment response, the agency has a valid CPS report, and is mandated by law to take action to ensure the safety of the child through the provision of protective services.
The Family Assessment response will be appropriate for reports meeting the statutory definitions of neglect, with the exception of abandonment and some special types of neglect reports, and dependency if true according to N.C.G.S. §7B-101. These are reports that include allegations a juvenile:
• does not receive proper care from a parent, guardian, custodian or caretaker;
• does not receive proper supervision from a parent, guardian, custodian or caretaker;
• does not receive proper discipline from a parent, guardian, custodian or caretaker;
• is not provided necessary medical care;
• is not provided necessary remedial care;
• lives in an environment injurious to his/her welfare;
• has been placed for care or adoption in violation of law;
• lives in a home where another juvenile has been subjected to abuse or neglect by an adult who regularly lives in the home;
• is in need of assistance or placement because he/she has not parent; guardian, or custodian responsible for the juvenile’s care or supervision; or,
• whose parent, guardian, or custodian is unable to provide for the care and supervision and lacks an appropriate alternative child care arrangement.
Reciprocal (conflict of interest) CPS assessments may be assigned as Family Assessments if the neglect or dependency allegations do not involve a child in the custody of a local DSS, family foster home, residential facility or child care facility.
All reports, regardless of the allegations, involving allegations concerning a child in the custody of a local DSS, family foster home, residential facility or child care facility must be assigned to the Investigative Assessment response, and completed according to CPS policy. This may include, but not limited to, Children’s Services Manual Volume 1, Section 1408, Chapter V , and Section 1418.
Nothing in MRS will take the place of the professional judgement of the intake social worker and intake supervisor in that a report that is statutorily considered neglect may be assigned to the Investigative Assessment response. The directors of DSS will determine to which CPS assessment response valid reports of neglect and dependency will be assigned.
The Investigative Assessment response will be appropriate for reports that contain allegations meeting the statutory definition of abuse according to N.C.G.S. 7B-101, as well as special types of neglect reports. These are reports that include allegations a juvenile’s parent, guardian, custodian or caretaker:
• creates or allows to be created a substantial risk of serious physical injury to the juvenile by other than accidental means;
• inflicts or allows to be inflicted upon the juvenile a serious physical injury by other than accidental means;
• uses or allows to be used upon the juvenile cruel or grossly inappropriate procedures or cruel or grossly inappropriate devices to modify behavior;
• commits, permits, or encourages the commission of a violation of the following laws by, with, or upon the juvenile: first-degree rape, as provided in G.S. 14-27.2; second degree rape as provided in G.S. 14-27.3; first-degree sexual offense, as provided in G.S. 14-27.4; second degree sexual offense, as provided in G.S. 14-27.5; sexual act by a custodian, as provided in G.S. 14-27.7; crime against nature, as provided in G.S. 14-177; incest, as provided in G.S. 14-178; preparation of obscene photographs, slides, or motion pictures of the juvenile, as provided in G.S. 14-190.5; employing or permitting the juvenile to assist in a violation of the obscenity laws as provided in G.S. 14-190.6; dissemination of obscene material to the juvenile as provided in G.S. 14-190.7 and G.S. 14-190.8; displaying or disseminating material harmful to the juvenile as provided in G.S. 14-190.14 and G.S. 14-190.15; first and second degree sexual exploitation of the juvenile as provided in G.S. 14-190.16 and G.S. 14-190.17; promoting the prostitution of the juvenile as provided in G.S. 14-190.18; and taking indecent liberties with the juvenile, as provided in G.S. 14-202.1;
• creates or allows to be created serious emotional damage to the juvenile; or,
• encourages, directs, or approves of delinquent acts involving moral turpitude committed by the juvenile.
The special type of neglect reports appropriate for an Investigative Assessment response include cases in which the allegations include the existence of the following:
• a child fatality when there are surviving children in the family,
• a child in custody of local DSS, family foster homes, residential facilities, and child care situations,
• a child taken into protective custody by physician or law enforcement, pursuant to N.C. G.S. §7B-308 and §7B-500
• the medical neglect of disabled infants with life threatening condition, pursuant to Public Law 98-457 (Baby Doe)
• a child hospitalized (admitted to hospital) due to suspected abuse/neglect
• abandonment
• the suspected or confirmed presence of a methamphetamine lab where children are exposed
• a child less than a year who has been shaken or subjected to spanking, hitting or other form of corporal punishment
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For questions or clarification on any of the policy contained in these manuals, please contact your local county office.
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