Toolkit: Strategies for Addressing Concerns

Build strong relationships between ICJ staff, CPS staff and other “gatekeepers”

Image

ICJ STAFF

• Request training from your state’s CWA agency
• Recruit agency leaders to engage CWA leaders to support training and develop protocols
• Learn about your state’s:
  • System for Making and Screening Reports of Child Abuse and Neglect;
  • Criteria for CWA involvement (also called “registering” or accepting a report);
  • Definitions of abuse and neglect
  • Differential response system; and
  • Reporting requirements and cross-reporting protocols
• Explore other resources available through the Child Welfare Information Gateway.

CWA STAFF

• Identify a CWA leader to be the point-person for ICJ-related matters
• Provide routine information sessions, trainings, and/or resources for CWA personnel, starting with supervisors
• Invite CWAs to participate in your State Council meetings to learn about ICJ, share about CWAs, and help find solutions
• Educate CWA personnel about any state statute or executive order requiring all state agencies to collaborate to implement the Compact.  Many states have such statutes, such as Missouri, Minnesota, and Colorado
• Develop strong relationships with personnel responsible for implementing the Interstate Compact on Placement of Children (ICPC) and recruit them to support collaboration with other CWA personnel

OTHER GATEKEEPERS

• Provide resources and training for juvenile probation/parole supervisors/officers, district attorneys, deputy attorneys general, and court designated workers who handle ICJ cases with CWA involvement
• Educate allies about the JJDPA exemption for holding status offenders pursuant to ICJ by sharing "Secure Detention of Non-Adjudicated Juvenile Runaways" (White Paper)
• Train local probation supervisors/officers to educate CWA personnel about ICJ
• Provide quarterly, cross-training sessions for ICJ, ICPC, other CWA, and Department for Juvenile Justice (DJJ) personnel 
• Collaborate through human trafficking task forces or other work teams
• Engage members of the State Council on Interstate Juvenile Supervision to address gaps in the system

Adopt and promote effective reporting practices

• Reports should be made directly to the CWA in the home/demanding state
• Reports should be made by the juvenile, the person to whom the abuse/neglect was disclosed, or the person who has other knowledge leading to the suspicion of abuse/neglect.  Staff may support juveniles in reporting directly
• Generally, ICJ Office personnel should not make reports because they rarely have direct contact with juveniles.  However, ICJ office personnel may report if abuse/neglect was disclosed directly to them or if the guardian abandons the juvenile by refusing to take action to initiate a return
• Reports should include as much information as possible about:
  • Identity, age, and location of juvenile (provide as much information as possible)
  • Identity and location of the perpetrator (to determine whether the perpetrator someone who is legally responsible for the juvenile.  If not, the matter may be referred to a law enforcement agency)
  • Allegations of abuse or neglect (to determine whether, if true, the allegations would constitute abuse or neglect under the home state’s law)
  • Jurisdiction (to established whether 1) the reported abuse/neglect took place in the home state; or 2) the juvenile who was reportedly abused in another state, but is now in the home state and needs protection)
• Reporters may find it helpful to:
  • Educate CWA personnel about ICJ, beginning with ICJ timelines when reporting
  • Emphasize that the juvenile is currently being held in detention (if applicable) 
  • Suggest the report be handled as if the juvenile were at school, and ask that CWA assess whether they will be in “imminent danger” if they return home
• Reporters should document as much information as possible regarding their experience when reporting, including:
  • Time, date, and method of reporting (i.e., call to a child abuse hotline, submission by email, etc.)
  • Response of CWA staff regarding whether criteria were met for CWA involvement (i.e., whether was report accepted/registered, “screened out,” referred to a law enforcement agency, etc.)
• Reporters should notify the holding state ICJ office of the report as soon as possible
• Holding state ICJ office should notify home/demanding state ICJ office of the report
• Document the case number in the “Details of Allegations” section in UNITY (the Commission’s National Data System), as well as information about cases that are “screened out”
• Home/demanding state ICJ offices should follow-up with the home/demanding state CWA to learn about their determination.

Communicate effectively with CWA personnel and other gatekeepers

• Communicate regularly with ICPC staff, who may provide updates regarding CWA cases by reviewing the state’s Comprehensive Child Welfare Information System (CCWIS) or Statewide Automated Child Welfare Information System (SACWIS)
• Explore options for requesting appointment of a guardian ad litem (GAL) or public defender who can work directly with CWAs on behalf of the juvenile
• If the CWA cannot act until the juvenile is returned, ensure the Travel Plan includes a plan of action that will be launched upon return to the home state
• Educate legal guardian(s) about the option to initiate a voluntary case service plan with the home/demanding state CWA
• Consider returning the juvenile to a non-custodial parent, trusted family member, juvenile shelter in the home/demanding state, where the CWA can begin interviewing the juvenile and investigating reported abuse/neglect
• Ask if a courtesy interview of the juvenile by the holding state CWA would be helpful to the home/demanding state CWA
• Learn about your states Office of the Ombudsman and whether they may be able to assist with resolution of challenging cases

Increase engagement when legal guardians refuse to act/allow juvenile to return home

• Identify a legal guardian’s designee, such as a family member, who is willing to allow juvenile to return to their home.  Document permission of the legal guardian and assent of juvenile
• Explain to the legal guardian that the state’s CWA can file charges for abandonment
• Collaborate with your agency’s counsel, deputy attorney general (DAG) or other legal resource in the home/demanding state to file a Form A: Petition for Requisition to Return a Runaway Juvenile (or similar petition) to obtain a Form I: Requisition for Runaway Juvenile, according to ICJ Rule 6-103(10)
• If the child has been abandoned and CWA custody must be established, work with the CWA and appropriate legal resources to have a “Child Dependency Petition” filed to establish that the CWA has custody
• Alternatively, judges in home/demanding and holding states may hold hearings under the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA) to establish “emergency” custody
• Filing a “status petition” may be used to trigger the return of the juvenile as a status offender. Official court records, such as court minutes and court orders, can be used to initiate a CWA investigation

Recommend systemic changes to improve future responses

• In addition to relationships between staff members, agencies should build formal relationships to ensure safety for juveniles now and in the future.  Consider creating a memorandum of understanding, cooperative agreement, business associate’s agreement, or other partnership agreement. 
• Develop a policy/protocol for initiating return proceedings in the courts, with support from agency leaders and state council members
• Develop a policy/ protocol for establishing the CWA’s role, with support from agency leaders and state council members
• Recommend adoption of a state statute or executive order that specifically requires all state agencies to collaborate to implement the Compact, such as MRS § 210.590, Minn. Stat. §  260.57, or CRS § 24-60-708, or explore other strategies for highlighting that all state agencies are required to do so by the Compact, as it has already been adopted by your state.