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The Stumbo case decision makes reference to patterns of neglect versus single incidents as a factor contributing to screening decision-making. It is important to note that reports alleging single incidents of abuse/neglect/dependency can, and many times do, meet the definitions of abuse/neglect/dependency and invoke the statutory authority to begin a CPS assessment. A valid CPS report does not hinge on the establishment of a pattern of abuse/neglect/dependency. In the Stumbo case decision, North Carolina’s Supreme Court concluded that a single report of a naked child, two years of age, unsupervised in a driveway, in and of itself, standing alone, does not constitute a report of abuse, neglect or dependency. The use of Structured Intake gives the agency the opportunity to complete a comprehensive, strengths-based interview that leads to clear screening decision-making the majority of the time. For those few times when the allegations are concerning and the screening decision is not clear, an examination of agency history provides valuable information. A combination of statutory authority, consistent policy, and professional social work judgement forms a strong base for the delivery of child protective services. It would be impossible and counterproductive to remove professional social work judgement from the day to day work in child protective services.
There are some reports that do not clearly meet legal definitions of abuse, neglect or dependency, however, the allegations are concerning. It may be that the reporter did not have enough information to provide specifics or was not willing to do so. In these situations, it is acceptable to use agency history in the screening decision. If a review of agency history reveals a pattern of substantiations or findings of services needed or a particularly egregious substantiation that correlates with the current allegations, it is acceptable to accept the report and initiate a CPS assessment. At any time a report is concerning, but does not clearly meet the legal definitions of abuse, neglect, or dependency, it is acceptable to review the agency’s history in order to make a more well-informed screening decision. It is not acceptable to check the Central Registry/Responsible Individual List or contact another community agency or another county DSS in order to make a screening decision.
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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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