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The investigation function addresses the process of determining whether a child has been maltreated or is likely to be maltreated, and if services are needed to ensure that the child will not be harmed in the future. The following features of the investigation function are described in this chapter:
There was great consistency in the core typology of abuse and neglect. However, additional classes of behavior or the results of such behaviors contributed to the uniqueness of each State's definitions.
Fifty States (98.0%) included definitions of the four major categories of maltreatment--neglect, physical abuse, sexual abuse, and emotional abuse. (See table 4-A.)(1) These basic categories of child maltreatment are specifically discussed in the Child Abuse Prevention and Treatment Act (CAPTA).(2) Forty-one States (80.4%) included definitions of additional forms of maltreatment such as abandonment, medical neglect, lack of supervision, and risk of harm.
All States included definitions of dispositions. These definitions were grouped into three broad categories--substantiated, unsubstantiated, and indicated--for analysis. Substantiated included such terms as "founded" and "valid" that are used by States to define a group of cases where maltreatment has occurred or where significant risk exists for the child. The term "indicated" is used by the National Child Abuse and Neglect Data System (NCANDS) to define cases in which there is some reason to believe maltreatment occurred or risk exists, but which do not meet the evidentiary requirements for substantiated. (See table 4-B.) Additional categories included "unable to determine or complete" or "other."
Definitions for substantiated and unsubstantiated were varied in the breadth or narrowness of focus implied in their wording. Such definitional differences may reflect underlying differences in how States balance concern for child safety with concern for the effects of intervention on the family. Definitional differences also appear to have implications for the proportions of cases that are unsubstantiated.(3)
Two themes concerning the definition of "substantiated" were also identified. Forty-one States (80.4%) mentioned only collecting information regarding the truth of the allegations or whether an incident of maltreatment had occurred. Seven States (13.7%) specified that substantiated could be based either on evidence of maltreatment or the risk of maltreatment occurring in the future.
Two themes concerning the definition of "unsubstantiated" were identified. Twenty-three States (45.1%) defined "unsubstantiated" broadly in terms of "insufficient evidence." These States defined unsubstantiated cases as failing to meet the standard of evidence for substantiated--"when credible evidence of abuse or neglect has not been obtained" or "fails evidence standard." Twenty-six States (51.0%) considered unsubstantiated more narrowly as cases where there is no evidence that maltreatment occurred--"clearly unfounded, erroneous, or incorrect," "worker is reasonably sure that child abuse or neglect did not occur," or "whenever facts obtained during the investigation provide credible evidence that child abuse or neglect has not occurred." (Some States had provisions for both types of definition.)
States had different typologies for classifying the results of investigations, although some of these also used terminology close to substantiated and unsubstantiated. While these can, at State discretion, be mapped to the more common typology, they are noteworthy because of the underlying philosophical differences. Some examples are:
The level of evidence needed for disposition decisionmaking was also reviewed.
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While the disposition categories supported determining whether abuse or neglect had occurred or the child was at risk, there were additional purposes for an investigation. (See table 4-C.)
The responsibility of the CPS agency may be shared with other agencies. The circumstances under which agencies are involved in joint investigations included emergency removals; joint investigations on sexual abuse reports; and joint investigations on sexual and severe physical abuse reports.(4)
Fifty States (98.0%) specified in policy that law enforcement could be involved in investigations related to specific types of cases. (See table 4-D.) Although the language varied, many States specified that law enforcement had the capacity for emergency removals of children from the home in cases of severe abuse, neglect, sexual abuse, and child death. One State described the policy as triaging all high-priority cases to the State police. Another State required a violation of criminal law or sexual abuse for law enforcement to be involved in a case. Another State included the police in cases with a criminal-level offense.
Responsibilities for investigations of maltreatment in childcare institutions were also frequently mentioned as either being shared or assigned to another agency. Seven States (13.7%) specified that another agency had the responsibility for abuse or neglect occurring in daycare centers or substitute care facilities.
Most States outlined a prioritization process. Forty-four States (86.3%) specified priority standards for beginning investigations. (See table 4-E.) The Council on Accreditation (COA) and the Child Welfare League of America (CWLA) suggest prioritizing responses based on urgency; those with higher safety and risk issues should be responded to first. Priority standards reported in State policy were based most often on the seriousness of the allegation and the situation, and the age of the alleged victim.
Not all States specified timeframes, although priorities were discussed. Generally, the policy on response time for more serious situations was either "immediate" or within 24 hours, while the response time for lower risk situations ranged from 72 hours to 15 days (with several between 3 and 5 days).
State policy specified the subject of the investigation. (See table 4-F.) Forty-seven States (92.2%) specified that all children in the family or home would be the subjects of the investigation. Ten States (19.6%) had additional policy considerations. Some examples included "all children present at the time of the initial investigation;" "all adults in the home who have responsibility for the care, custody, and control of the child;" "parents not residing in the home, but who may have routine contact with the child;" and "only other siblings who may be at risk."
The majority of States specified the use of risk and safety assessments as tools to guide decisionmaking on when and how to intervene to both keep children safe in the immediate future and to reduce long-term risk. Risk assessments have been used for a number of years to identify potential risks to a child that could result in harm at some point in the future. More recently, safety assessments have been developed to assess imminent risk of serious harm. State policies typically described using risk and safety assessments at more than one point during an investigation. (See tables 4-G and 4-H.)
Typically, risk and safety assessments were discussed in policy as being conducted as a part of the investigation. Some examples of other situations in which risk and safety assessments were specified included at case closure, during case planning, at any major decision point, or whenever circumstances suggest a child's safety is at risk. One difference between the use of an assessment for risk and safety was that the safety instrument seemed more likely to be used prior to reunification than the risk instrument. Some States had policies within the "other" category that defined timeframe requirements, such as safety must be assessed "within 7 days of a report," "within 24 hours after face-to-face contact," or "continuously through investigation."
In addition to the use of risk and safety assessments, 24 States (47.1%) identified the use of other standardized assessment requirements. (See table 4-I.) Most commonly used were family assessments focusing on family strengths and needs. Substance abuse evaluations were specifically mandated in three States.
Policy also specified who must be contacted during an investigation. (See table 4-J.) Six main categories of contact requirements were identified. (Responses were not mutually exclusive.)
The COA and the CWLA suggest that investigations should be completed within 30 days. (See table 4-K.)(5)
Investigations can have different outcomes. (See table 4-L.) (Responses were not mutually exclusive.)
Decisionmaking related to the investigation disposition was highly consistent among the States. (See table 4-M). Only four States (7.8%) indicated different decisionmakers depending upon the case. Thirty-two States (62.7%) stipulated that "the worker decides, supervisor approves" the results of an investigation. The majority of the remaining States indicated that the worker and supervisor make decisions together.
An examination of the relationship between decisionmaking responsibility and purpose of investigation found that the more expansive the scope, the more likely the worker would make the decision with supervisory approval. However, an examination of the relationship between decisionmaking responsibility and disposition scope did not reveal a similar pattern.
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The majority of States had requirements for notifying specific persons about the results of the investigation. (See table 4-N.) (Responses were not mutually exclusive.)
States have chosen to balance the competing needs of their mission to protect children with the rights of individuals in a variety of ways. One way in which States balanced their responsibilities to children and the individuals alleged to be perpetrators of abuse or neglect was to place restrictions on which reports were included on their Central Registries, when perpetrator information was included. In addition, States also differed in the purposes for which records may be used and the procedures for access to information, when records are sealed or expunged from the registry, and due process procedures for individuals whose names are placed on the registries. (See table 4-O.)(6)
All States had policies regarding the maintenance of a Central Registry or some type of record keeping system to track reports of abuse and neglect. Some of the States did not have policy regarding a traditional Central Registry, but rather discussed the use of an automated client database. In the latter cases, the expungement policy was related to the administrative client database rather than the Central Registry.
There were variations in the types of reports being maintained:
State policies also varied in terms of the "uses" permitted for Central Registry data. (Responses were not mutually exclusive.) Forty-three States (84.3%) specified in policy that the Central Registry could be used for internal administrative purposes, such as use of prior reports in risk assessment, use by multidisciplinary or fatality review teams in the course of their duties, production of statistical or audit reports, and program planning. Forty-four States (86.3%) specified the Central Registry was used for background employment and licensing checks.
In 37 States (72.5%), the Central Registry could be used for information sharing, including provision of information to other Federal, State, or local governmental or private entities, (e.g. tribes, law enforcement, schools, health care practitioners or facilities, and legislators) when their child protection responsibilities necessitated such information. Information also could be shared with researchers with appropriate safeguards to confidentiality. Fourteen States (27.5%) specified other uses including research on trends, identifying prior victims, and background checks on volunteers.
Expungement
Forty-five States (88.2%) had explicit expungement policies. Expungement policy regarding reports included considerations of the disposition of the report, whether services were provided, whether additional reports were made and substantiated, and the age of the child.
Forty-five States (88.2%) had explicit expungement policies. The time of expungement of unsubstantiated reports from a Central Registry ranged from "promptly" or "forthwith" to 5 years. Some States specified longer timeframes and maintained records with no perpetrator information attached or in a separate data system. In others cases, these States appeared to make a distinction between unsubstantiated reports and reports where clearly no child abuse or neglect occurred, such as those defined as frivolous or bad faith reports. Policy on founded or substantiated reports often included a timeframe for restricting access, sealing, and expunging the report. In many States, expungement of founded reports was stipulated to take place after the child's 18th birthday.
Due Process
Forty-five States (88.2%) included information on due process for persons identified as perpetrators. Most of the appeal processes were stipulated to occur within the CPS agency, either through a review by a high-level administrator or a fair hearing conducted by a hearing officer appointed by CPS.
Twenty-one States (41.2%) stipulated that the alleged perpetrator must be notified either before or after his or her name is placed on the registry. Examples of notification timeframes include:
Policy also covered sending the perpetrator information on the appeal process and the timeline for appeal.
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Thirty-nine States (76.5%) had policy that specified that workers were required to provide short-term services during the investigation, if needed. (See figure 4-1.)
Figure 4-1:
Required to Provide Short-Term Services During Investigation if Needed
Required = Alabama, California, Colorado, Connecticut, Delaware, District of Columbia, Georgia, Hawaii, Indiana, Iowa, Idaho, Illinois, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, New York, Nebraska, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Texas, Virginia, Washington, Wisconsin, West Virginia, and Wyoming.
Not Required = Alaska, Arizona, Arkansas, Florida, Kansas, Montana, Nevada, Oklahoma, South Dakota, Tennessee, Utah, and Vermont.
Thirty-eight States (74.5%) had policy requiring investigation workers to plan or assist in planning for ongoing services. These States are shown on the map in the figure 4-2 below.
Figure 4-2:
Investigation Worker Required to Plan for Ongoing Services
Required = Alabama, Arizona, Arkansas, California, Colorado, Connecticut, District of Columbia, Florida, Georgia, Hawaii, Illinois, Iowa, Idaho, Indiana, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Oklahoma, Ohio, Oregon, Pennsylvania, South Carolina, Virginia, Washington, West Virginia, and Wyoming.
Not Required = Alaska, Delaware, Maine, Missouri, North Carolina, Nevada, Rhode Island, South Dakota, Tennessee, Texas, Utah, Vermont, and Wisconsin.
States varied in the description of the purpose of the services. (See table 4-P.)
The investigation policies of State-administered systems were not found to differ from the policies of State-supervised, county-administered systems. This is partially due to consistency in policy for many features of the investigation function. More than two-thirds of the States had policy regarding:
The above can be considered core areas of policy in CPS.
Within each core area, there may exist considerable variation in the specific policy requirements. These have been discussed in this chapter. In addition, there were policy areas for which there was less consistent coverage by State policies. Fewer than one-third of the States included specific policy on the following areas:
| Policy in Less Than 33% of States Addressed: | Policy in 33-66% of States Addressed: | Policy in More Than 66% of States Addressed: |
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| State | Neglect | Physical Abuse | Sexual Abuse | Emotional Abuse | Other |
|---|---|---|---|---|---|
| AK | Failure to provide necessary care. | Physical abuse or physical injury. | Sexual abuse or exploitation. | Mental Injury. Injury to emotional well-being, intellectual, psychological capacity of a child, evidenced by an observable and substantial impairment in the ability to function. |
Medical neglect of handicapped infants in a medical care facility. |
| AL | Negligent treatment such as failure to provide; distinction between poverty and neglect. | Harm or threatened, nonaccidental injury | Harm or threatened; attempted; or exploitation or attempted. Explicit conduct for pornography, molestation, or prostitution. | Mental injury. Substantial impairment with due regard to culture. | |
| AR | Failure or refusal to provide. | Acts or omissions. Engaging in conduct creating a substantial possibility of death, permanent or temporary disfigurement, illness or impairment of bodily organ. | Solicitation or participation in sexual activity. Includes exploitation. | Acts or omissions. Observable and substantial impairment in the intellectual or psychological capacity to function within the normal range with due regard to culture. | Failure to support or maintain reasonable contact, abandonment, intentional. |
| AZ | Unable or unwilling to provide that results in substantial risk of harm. | Impairment of bodily function or disfigurement or the infliction of or allowing physical injury. | Engaging in sexual contact with anyone age 15+ without consent or under age 15 if contact involves only female breast. Lists examples of abuse. Sexual contact with a minor, sexual assault, and sexual exploitation. | Diagnosis by a qualified person of mental condition that was probable result of acts or omissions of the parent. | Abandonment |
| CA | Failure to provide. Physical or psychological endangerment. | Nonaccidental bodily injury including corporal punishment. | Victimization by sexual activities. | Nonphysical mistreatment that results in disturbed behavior of the child. | |
| CO | Failure to take actions to provide, Including educational and medical neglect. | Evidence of physical harm or injury or subjected to reasonable threat of. | Sexual abuse including molestation, prostitution, exploitation, touching genitals, buttocks or breasts, or pornography. | Identifiable and substantial impairment of functioning or substantial risk. | Abandonment |
| CT | Physical neglect whether or not intentional. Unable to provide minimum. Medical, educational, emotional, or moral neglect. | Injury inflicted, nonaccidental; injuries at variance with the history; or malnutrition or cruelty. | Inflicted or allowed to be inflicted. | Cruel or unconscionable acts or statements or threats or allowance of such which have direct affect on the child. | In danger of abuse, high-risk newborns |
| DC | Physical, medical, and material neglect. | Indicators given such as unexplained bruises, welts or marks, burns, water immersion, fractures. | Involvement of a child in sexual activity to provide sexual gratification or financial benefit to perpetrator. Lists signs of sexual abuse. | Emotional neglect. Significant impairment of child's emotional stability or mental health so that ability to function is reduced. | |
| DE | Failure to provide. | Unjustified force that results in injury, torture. | Exploitative misuse. | Injury resulting in mental or emotional condition due to abuse or neglect. | Exploitation, abandonment, dependency |
| FL | Omission that is serious disregard. Includes failure to stop other person from neglect. | Willful action that results in specific listed injuries. | Sexual battery, incest, molestation, and exploitation | Mental injury. Inappropriate or excessive use of restraints, bizarre punishment, isolation in a childcare facility, or confinement. | Threatened harm, substance abuse, lack of supervision, environmental neglect (i.e. drug house) |
| GA | Physical, emotional, educational, cognitive, exploitation, medical | Physical abuse that results in specific listed injuries, Battered Child Syndrome, Factitious Disorder by Proxy. | Allows, permits, or requires child under 18 to engage in sexual acts for the gratification of adults. | Verbal threats or humiliation or bizarre treatment. Results in impaired psychological growth or development. | Abandonment, family violence, failure to thrive |
| HI | Psychological neglect, failure to provide, or failure to protect. | Physical injuries, nonaccidental trauma | Any interfamilial sexual exploitation of a child under 18. | Psychological abuse resulting in disturbed child and substantial impairment of functioning. | Nutritional deprivation, medical care neglect, intentional drugging and poisoning, abandonment, lack of supervision |
| IA | Denial of critical care. Failure to provide. Religious exemption. |
Nonaccidental physical injury or at variance with history. | Commission of sex offense or omission. Child prostitution. Presence of illegal drugs. Commission of bestiality in the presence of a minor. |
Mental injury to intellectual or psychological capacity evidenced by observable and substantial impairment. | Manufacturing or possession of dangerous substance. |
| ID | Includes physical neglect, medical neglect, and environmental neglect. | Observable injuries or symptoms. | Sexual conduct or sexual exploitation harming/threatening the health, welfare, or mental injury of the child. | ||
| IL | Includes physical neglect, lack of supervision, environmental neglect, malnutrition, and medical neglect. Religious exemption. | Act or omission inflicted or creates a real and significant danger of physical injury. Includes acts of violence or intimidation directed toward the child that threaten injury or impairment. | Sexual contact or any intentional or knowing touching either directly or through clothing for the purpose of gratification. Includes molestation and exploitation. | Mental injury to intellectual, emotional, or psychological development. Observed and substantial impairment of child functioning in normal range. Regard to culture. Requires professional verification. | Abandonment, substance misuse |
| IN | Physical or mental condition with impairment or serious endangerment. Intentional and nonintentional. | Physical health seriously endangered due to injury by act or omission. Child is not receiving care or treatment. | Rape, criminal deviant conduct, molestation, exploitation, pornography, seduction, misconduct, indecent exposure, prostitution or incest and the child is not receiving or is unlikely to receive care. Allowing child to participate in obscene performances. | Mental health is seriously endangered due to injury by act or omission; and child is not or unlikely to receive care. | Use of alcohol, controlled substance, or legend drug by mother during pregnancy and child is not receiving or is unlikely to receive care. |
| KS | Acts or omissions resulting in harm or likelihood. Medical neglect. Physical neglect. | Act or failure to act that results in death, physical harm, or likelihood. | Any contact or interaction used for gratification, permitting pornography, or prostitution. | Acts or omissions that impair social, emotional, or intellectual functioning or likelihood. | Abandonment, lack of supervision, child in need of care (nonabuse and neglect). |
| KY | Inadequate supervision if caller thinks child may be harmed; child locked up; injury or high risk of injury. Abandonment, lack of supervision; child forced to take drugs or alcohol. | Health or welfare is harmed or threatened with harm. Inflicts or allows nonaccidental injury. | Rape, sodomy, incest, sexual penetration with a foreign object, exposing oneself, exposing a child, kissing, touching, fondling in a sexual manner, sexual harassment, and promoting sexual contact with animals. | Creates risk of injury to mental or emotional capacity. Action or inaction. Detailed listing of examples. | Abandonment, dependency, risk of physical abuse and risk of sexual abuse. |
| LA | Refusal or failure to provide which results in substantial threat or impairment. Financial exemption. | Intentional or not, infliction of physical injury, which seriously endangers health. Exploitative overwork of child. | Any sexual act or pornography or any other sex involvement constituting a crime. | Verbal threats or behavior that results in observable and substantial impairment of well-being and functioning. | Withholding medical treatment or nourishment. No religious exemption. |
| MA | Failure to take actions to provide. Financial exemption. May get court order for failure to provide medical treatment. | Nonaccidental commission causes or substantial risk of serious injury. | Emotional maltreatment: causing or creating substantial risk of serious emotional injury which is impairment of disorder of intellectual or psychological capacity evidenced by observable and substantial reduction in functioning within normal range. | ||
| MD | Failure to provide. Unattended child. | Injury under circumstances that indicate harm or substantial risk. | Molestation or exploitation, incest, rape, or sexual offense. | Mental injury; harm or risk; observable, identifiable, and substantial impairment of mental or psychological functioning. | |
| ME | Deprivation of essential needs or lack of protection. | Serious injury means serious physical injury or impairment. | Sexual abuse or exploitation | Serious mental or emotional injury likely to be evidenced by serious mental behavior or personality disorder. | Abandonment |
| MI | Harm or threat by negligent treatment, failure to provide, failure to protect, unreasonable risk, and medical neglect. Poverty exemption. | Nonaccidental injury | Sexual exploitation, pornography, engaging in sexual contact | Physical or verbal acts, omissions or environment which render child anxious, agitated, depressed, withdrawn and interferes with age-appropriate milestones. | Failure to protect, improper supervision, abandonment, exploitation |
| MN | Failure to provide. Failure to protect. Educational neglect. Prenatal exposure to controlled substance. |
Nonaccidental injury (There is a list examples.) | Subjection of a child to any act that constitutes a violation of criminal sexual conduct. | Mental injury; injury to psychological capacity or emotional stability as evidenced by observable or substantial impairment in the ability to function. | Infant medical neglect |
| MO | Failure to provide, by those responsible for the care, custody and control of the child, the proper or necessary support, education as required by law, nutrition or medical, surgical, or any other care necessary for the child's well- | Any physical injury, sexual abuse, or emotional abuse inflicted on a child other than by accidental means by those responsible for the child's care, custody, and control. Reasonable discipline, including | Use, persuasion, coercion, inducement, or enticement of child under 18 to engage in or assist in any sexually explicit conduct; exploitation. | Passive or active patterned, nonnurturing behavior by a parent or caretaker that negatively affects or handicaps a child emotionally, psychologically, physically, intellectually, socially, or developmentally. | Medical neglect, educational neglect |
| MS | Refuses to provide when able or unable to provide. | Physical abuse or nonaccidental injury or allowing such an injury or abuse. | Allowed or caused rape, molestation, incest, prostitution, exploitation, pornography that indicates that the child's health or welfare is harmed or threatened. | Mental injury | Exploitation |
| MT | Physical or failure to thrive. Also, failure to respond to infant's life-threatening illness or to provide adequate health care although able. | Intentional act or intentional omission or gross negligence resulting in substantial impairment of bodily function, injury, pain, disfigurement, or death. | Sexual assault, intercourse without consent, indecent exposure, deviant sexual conduct, ritual abuse, incest in home or institutional. | Acts or omissions; severe injury to emotional, intellectual or psychological functioning. Includes exposure to violence against another person in the home. | Exposure to unreasonable risk, abandonment, fatality |
| NC | Does not receive proper care, supervision, or discipline from parent, guardian, custodian, or caretaker; or is abandoned or not provided necessary remedial care; or lives in an environment injurious to welfare; or is placed for care in violation of law. | Allows or inflicts serious injury by nonaccidental means. | First- or second-degree rape, sexual act or offense; preparing pornography. | Creates serious emotional damage to juvenile evidenced by severe anxiety, depression, withdrawal, or aggressive behavior. | Dependent juvenile |
| ND | Physical including unattended child, nutrition, clothing, hygiene, educational, medical. | Physical force resulting in injury or the child is placed at significant risk. Or, physical punishment of an infant. | Intercourse, exhibitionism, exploitation, or any sexual contact. Includes failure to protect or prevent. | Parental behavioral patterns with psychological consequences; act or omission. | Abandonment, environmental conditions, failure to protect |
| NE | Physical neglect, medical neglect of handicapped infant. | Unexplainable or nonaccidental injury or inconsistent with explanation. Or substantial risk of bodily injury. | Sexually oriented act, practice, contact, or interaction used for gratification. | Emotional abuse: psychopathological or disturbed behavior in child which is documented by a psychiatrist, psychologist, or MH practitioner to be the result of continual scapegoating, rejection, or exposure to violence by child's parent, caretaker. | Failure to protect, abandonment, environmental conditions |
| NH | Alcohol and drug abuse; educational neglect; emotional and mental maltreatment; failure to protect; failure to thrive; inadequate needing of basic needs, lack of supervision and caregiver, medical and dental neglect. Mental health issues; Munchausen's syndrome by proxy; poisoning and noxious substances; threatening and menacing behavior. | Lists specific injuries. | Employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or having a child assist any other person to engage in, any sexually explicit conduct or any simulation of this conduct for the purpose of producing any visual depiction; the rapes, molestation, prostitution, or any other form of sexual exploitation of children, or incest with children. | Emotional abuse or neglect. Injury to intellectual or psychological capacity; observable impairment. | Abandonment |
| NJ | Failure to provide when able. | Physical injury or at risk due to action or inaction that was neither necessary, nor justified, not reasonable, nor appropriate. | Contacts or interactions for gratification. | Conduct causes, allows, or permits significant or persistent emotional pain, harm or impairment. | Lack of adequate supervision |
| NM | Failure to provide whether intended or not. | Nonaccidental injury inflicted or allowed, regardless of motive. | Any incident of sexual contact inflicted or caretaker should have known. | Acts which cause substantial impairment of child's mental or psychological ability to function. | |
| NV | Failure to provide | Physical injury nonaccidental, meaning permanent or temporary disfigurement or impairment of any bodily function or organ of the body. | Acts upon a child including incest, lewdness, molestation, sado-masochism or seduction. | Injury to intellectual or psychological capacity or emotional condition as evidenced by observable and substantial impairment of functioning in normal range. | Excessive corporal punishment |
| NY | Physical, mental or emotional. Impaired or imminent danger. | Inflicts or allows physical injury; nonaccidental, likely to cause death or serious or protracted disfigurement or impairment to health. | Commits or allows sex offense. | Diminished psychological or intellectual functioning attributable to unwillingness or inability to exercise minimum care. | Abandonment, institutional abuse |
| OH | Abandoned; lacks care; neglects or refuses to provide including medical, educational, and moral. | Evidence of injury or death; nonaccidental or an injury at variance with the history. Acts that cause harm or threaten harm. | Activity that would constitute an offense under law, but a conviction not required. | Mental injury; any behavioral, cognitive, or mental disorder in a child caused by act or omission described in code. | |
| OK | Deliberate or exceptional lack of attention; physical or emotional. Long standing and impacts several aspects of child's life or life threatening. Poor parenting and poverty excepted. | Injury or otherwise harming a child. Severe punishment even if no injury. Minor injuries of child over ten excepted unless child placed in grave physical danger. | Rape, sodomy, incest, lewd or indecent acts or proposals; exploitation for the purpose of sexually stimulating the child or others. | Injury to intellectual or psychological capacity as evidenced by observable and substantial impairment of function in normal range. Mental injury is pattern of cruelty or unconscionable acts. | Abandonment |
| OR | Failure to provide whether intent or not. | Acts or omissions. Injury regardless of motive, including discipline. | Any incident of sexual contact and exposure or pornography. | Mental injury whether or not intentional. | Abandonment, child selling |
| PA | Serious physical neglect, prolonged or repeated and endangers child's life or development or impairs child's functioning. | Any recent act or failure to act which causes nonaccidental serious physical injury to a child: causes some pain or significantly impairs physical functioning either temporarily or permanently. | A recent act, failure to act, or series that creates an imminent risk of sexual abuse or exploitation. Employment, use, persuasion, inducement, enticement, or coercion to engage or assist in any explicit conduct, pornography, prostitution. | Act or failure to act which causes nonaccidental serious mental injury rendering child anxious, depressed, socially withdrawn, psychotic, or reasonable fear that life or safety is threatened, or interferes with development. | Imminent risk |
| RI | Failure to provide when financially able or failure to provide a minimum degree of care. Includes emotional neglect, medical neglect, or failure to provide psychological treatment. | Inflicts or allows physical injury. | Allow to commit or commit against the child. | Impairment to intellectual or psychological capacity. | Abandonment, dependency, exploitation |
| SC | Harm, medical neglect, criminal neglect placing the child at unreasonable risk of harm affecting life, health, or safety. Cruelty to children; deprivation. | Death or permanent or temporary disfigurement or impairment. | Sexual battery. Intercourse, cunnilingus, fellatio, and anal intercourse or any intrusion of any part of a person's body or any object into the genital or anal opening except when such intrusion is accomplished for medically recognized treatment or diagnostic purposes. | Injury to the intellectual or psychological capacity of a child evidenced by discernable and substantial impairment. Supported by professional opinion. | Abandonment, cruelty to children. Distinguishes criminal abuse and criminal
neglect. Death by child abuse. |
| SD | Failure to provide, including medical neglect. | Evidence of injury. Consideration for corporal punishment; reasonable force in a moderate degree. | Sexual abuse or exploitation | Emotional maltreatment | |
| TN | Failure to care or leaving under 8 unattended. Includes environmental, nutritional, educational neglect, and neglect or death. | Abuse resulting in death; acts resulting in injury that requires medical attention; use of life threatening weapons and leading to death or severe physical damage. | Sexual touch or penetration | Behavior related to observable impairment of physical, sexual, cognitive. | Severe drug or alcohol problems that result in harmful conditions or
risk of maltreatment. Substantial risk of physical injury. Substantial risk of sexual abuse. Abandonment. Medical maltreatment. Drug exposed child. Drug exposed infant. |
| TX | Substantial risk of immediate harm; failure to provide medical care that results in substantial harm; failure to provide. Poverty excepted. Failure to protect child from sexual abuse. | Physical injury that results in substantial harm to the child or genuine threat of substantial harm from injury. An injury at variance with history. Reasonable discipline excepted. | Sexual conduct harmful to mental, emotional or physical welfare. Compelling or encouraging sexual conduct. Pornography. Failure to make reasonable effort to prevent sexual conduct harmful to child. | Injury resulting in observable and material impairment of growth, development, or psychological functioning. Causing or permitting child to be in situation to sustain such injury. | Abandonment, causing or permitting use of controlled substance. Substance abuse that results in injury to child. |
| UT | Physical neglect including failure to provide. Medical neglect. | Nonaccidental injury that seriously impairs health or involves torture and causes serious emotional harm or involves substantial risk of death. | Sex abuse, exploitation, or forcing or coercing observation of sexual activities. | Pattern of verbal remarks or parental alienation causing emotional distress; perception or actual threatened harm; teaching illegal behavior; custody disputes leading to multiple CPS referrals, domestic violence related to child abuse and giving child harmful material. | Ritual abuse, dependency |
| VA | Medical or physical neglect, failure to provide. If poverty, provide services, but no neglect disposition. | Lists specific types of injuries. Includes bizarre discipline. | Sexual abuse, exploitation, molestation, intercourse, and sodomy. | Mental abuse or neglect. | Abandonment |
| VT | Actions or inactions resulting in injury or illness. Educational neglect. | Physical health, psychological growth and development or welfare is harmed or substantial risk by acts or omissions. Nonaccidental injury resulting in death, permanent, or temporary disfigurement, or impairment of any bodily organ or function. | Sexual molestation or exploitation. | Emotional maltreatment resulting in impaired psychological growth and development. | Child in need of care or supervision. Abandonment. Risk of harm. Risk of sexual abuse. |
| WA | Fails to meet needs or places child at risk of harm. | Nonaccidental injury, dangerous acts, cruel or inhumane acts, physical discipline. | Contact, exposure, inappropriate touching, promoting sexual activity or conduct, pornography, prostitution. | Acts or omissions that injure or risk injury to psychological and emotional health or development. | |
| WIT | Failure, refusal, or inability for reasons other than poverty, to provide necessary care, food, clothing, medical or dental care, or shelter so as to seriously endanger the physical health. Threat of neglect. | Physical abuse or threat | Sexual abuse, exploitation of prostitution. Any contact with a sexual part of the body of a child 15 and under. | Emotional damage | Withholding medically indicated treatment. |
| WV | Failure to provide, medical neglect, educational neglect, lack of supervision. Physical or mental condition harmed or threatened. | "Abused child" means a child whose health or welfare is harmed or threatened by a parent, guardian, or custodian who knowingly or intentionally inflicts, attempts to inflict, or knowingly allows another person to inflict, physical injury or substantial mental or emotional injury, upon the child or another child in the home; sexual abuse or sexual exploitation. Physical injury may include excessive corporal punishment. | Sexual abuse or exploitation is noted under the definition of abuse. | Emotional injury is noted under the definition of abuse. | Abandonment |
| WY | Failure to provide. Religious exemption. Educational neglect. Lack of supervision. |
Death or harm to child including disfigurement, impairment of any bodily organ, skin bruising, bleeding, burns, bone fractures, subdural hematoma, or substantial malnutrition. | The commission or allowance of a sexual offense against a child as defined by law, which includes any sexual contact or exploitation. | Mental Injury. Injury to the psychological capacity or emotional stability of a child as evidenced by observable or substantial impairment in ability to function. | Nutritional deprivation. Abandonment. Withholding medical treatment from
handicapped infants. Medical neglect. Lack of supervision. Educational neglect. |
| T Wisconsin data compiled from statutes | |||||
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| State | Substantiated | Unsubstantiated | Indicated | Unable to Determine or Complete | Other | Alternative Structure | |||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| Allegation Only | Risk Included | No Definition | Level of Evidence | Insufficient Evidence | No Evidence | No Definition | |||||
| AK | X | Preponderance | X | X | |||||||
| AL | X | Preponderance | X | X | Categories based on perpetrator | ||||||
| AR | X | Preponderance | Xa | X | Religious exemption | ||||||
| AZ | X | Probable cause, reasonable | X | ||||||||
| CA | X | Credible | X | X | False report or accident | ||||||
| CO | X | Preponderance | X | ||||||||
| CT | X | Reasonable cause | X | ||||||||
| DC | Xb | Credible | Xb | ||||||||
| DE | X | Preponderance | X | X | |||||||
| FL | X | Preponderance | X | X | |||||||
| GA | X | Preponderance | X | ||||||||
| HI | X | X | X | ||||||||
| IA | Xc | Preponderance | X | ||||||||
| ID | X | Preponderance | X | ||||||||
| IL | X | Credible | X | Temporary undetermined | |||||||
| IN | X | Credible | X | ||||||||
| KS | X | Reasonable | X | Validated perpetrator | |||||||
| KY | Xd | Preponderance | X | Failure to locate, families in need of services | |||||||
| LA | Xe | Reasonable | Xf | X | X | ||||||
| MA | X | Reasonable | X | ||||||||
| MD | X | Preponderance | X | ||||||||
| ME | X | Preponderance | X | ||||||||
| MI | X | ||||||||||
| MN | X | X | X | ||||||||
| MO | X | Probable cause | X | X | X | X | |||||
| MS | X | Credible | X | ||||||||
| MT | X | Preponderance | X | X | Insufficient information to investigate, perpetrator not responsible for child and child death | ||||||
| NC | X | Preponderance | X | ||||||||
| ND | X | ||||||||||
| NE | Xg | Preponderance | X | X | |||||||
| NH | X | Preponderance | X | X | X | ||||||
| NJ | X | Xh | X | ||||||||
| NM | X | Credible | X | At risk | |||||||
| NV | Reasonable | X | X | X | |||||||
| NY | X | Credible | X | ||||||||
| OH | X | X | X | Failure to locate | |||||||
| OK | X | Credible | Reasonable parental discipline | X | |||||||
| OR | X | Reasonable | X | X | |||||||
| PA | X | Clear and convincing and beyond reasonable doubti | X | X | |||||||
| RI | X | Preponderance | |||||||||
| SC | X | Preponderance | X | X | X | ||||||
| SD | X | X | X | ||||||||
| TN | X | Material evidence | X | ||||||||
| TX | X | Preponderance | X | X | |||||||
| UT | X | Reasonable | X | X | |||||||
| VA | Xj | Preponderance | X | ||||||||
| VT | X | Reasonable | X | ||||||||
| WA | X | X | X | ||||||||
| WI | Xk | X | Preponderance | X | X | ||||||
| WV | X | X | |||||||||
| WY | X | Credible | X | X | |||||||
| a Language allows for “reasonable
injuries from moderate physical discipline.” b Two categories, Substantiated & Supported: Defined in statute as a report made by a mandated reporter. c Two substantiated categories based on whether or not placed in Central Registry. d Two substantiated categories based on when CAN not originally reported is founded substantiated. e Four categories based on validation: Valid, Valid and No substance abuse, Valid and Services completed, Valid with substance abuse. f Language allows for cases with minor injury as a result of corporal punishment. g Two categories based on court involvement. h Language allows for accident or action of parent being “necessary and reasonable.” i Legal standard distinguishes juvenile court and criminal court. j Three categories based on severity of harm. k Two categories: Substantiated and Substantiated, Mutual Sexual Activity. |
|||||||||||
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| State | Protect Child | Assess or Remediate Risk | Assess or Remediate Safety | Determine Disposition | Determine Services | Maintain Family | Other |
|---|---|---|---|---|---|---|---|
| AK | Yes | ||||||
| AL | Yes | Yes | Yes | Yes | |||
| AR | Yes | Yes | Yes | Yes | Yes | ||
| AZ | Yes | Yes | Yes | Yes | Strengths | ||
| CA | Yes | ||||||
| CO | Yes | Yes | Yes | ||||
| CT | Yes | Yes | |||||
| DC | Yes | Yes | |||||
| DE | Yes | Yes | Yes | ||||
| FL | Yes | Yes | Yes | Determine responsibility, determine court action | |||
| GA | Yes | Yes | Yes | Yes | |||
| HI | Yes | ||||||
| IA | Yes | ||||||
| ID | Yes | Yes | Yes | ||||
| IL | Yes | Yes | Yes | Yes | Yes | ||
| IN | Yes | ||||||
| KS | Yes | Yes | |||||
| KY | Yes | Yes | Yes | Yes | |||
| LA | Yes | Yes | Yes | Yes | Yes | ||
| MA | Yes | Yes | Yes | ||||
| MD | Yes | Yes | Yes | Yes | |||
| ME | Yes | Yes | Yes | ||||
| MI | Yes | Yes | Yes | ||||
| MN | Yes | ||||||
| MO | Yes | ||||||
| MS | Yes | Yes | Yes | ||||
| MT | Yes | ||||||
| NC | Yes | Yes | Yes | ||||
| ND | Yes | Yes | |||||
| NE | Yes | Yes | |||||
| NH | Yes | Yes | |||||
| NJ | Yes | Yes | Yes | Yes | |||
| NM | Yes | Yes | Yes | Yes | Yes | ||
| NV | Yes | Yes | Yes | ||||
| NY | Yes | Yes | |||||
| OH | Yes | ||||||
| OK | Yes | Yes | Yes | Yes | |||
| OR | Yes | ||||||
| PA | Yes | Yes | Yes | Yes | Yes | ||
| RI | Yes | ||||||
| SC | Yes | Yes | Yes | Yes | |||
| SD | Yes | Yes | Yes | ||||
| TN | Yes | Yes | Yes | Yes | |||
| TX | Yes | Yes | Yes | ||||
| UT | Yes | ||||||
| VA | Yes | Yes | Yes | Yes | |||
| VT | Yes | Yes | Yes | Yes | |||
| WA | Yes | Yes | Yes | ||||
| WI | Yes | Yes | Yes | Yes | Yes | Introduce agency as provider of help | |
| WV | Yes | Yes | Yes | Explain community concern and agency’s purpose | |||
| WY | Yes | Intervention to stop abuse |
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| State | Agency 1 |
Circumstances 1 |
Contract, Policy or Protocol | Circumstances 2 |
Contract, Policy or Protocol | Agency 2 |
Circumstances 1 |
Contract, Policy or Protocol | Circumstances 2 |
Contract, Policy or Protocol |
|---|---|---|---|---|---|---|---|---|---|---|
| AK | Law enforcement | Sexual or severe Abuse | Protocol, policy, cooperative agreement | Emergency removals | Policy | |||||
| AL | Law enforcement | Varies | Policy, cooperative agreement, statute | Emergency removals | Policy | |||||
| AR | State Police | Solely conducts all priority 1 investigations. | Contract policy, statute | Emergency removals | Policy | |||||
| AZ | Law enforcement | Criminal investigations of child abuse. Sexual or severe abuse. | Protocol policy, statute | Emergency removals | Policy | Tribal government | When tribe has no social service program or at request of tribal social services. | Policy, cooperative agreement, statute | Emergency removals | Policy, statute, cooperative agreement |
| CA | Law enforcement | Emergency removals | Protocol, policy | |||||||
| CO | Law enforcement | All reports of abuse or neglect | Protocol, cooperative agreement, statute | Policy | Delegated agencies | All reports of abuse or neglect | Statute | |||
| CT | Law enforcement | Severe neglect and death of a child. Sexual or severe abuse. | Policy, statute | Emergency situations | Policy | Department of Public Health | Abuse or neglect in licensed daycare settings | Cooperative agreement | ||
| DC | Law enforcement | Joint on sexual or severe abuse cases. | Policy, cooperative agreement | |||||||
| DE | Law enforcement & Department of Justice | Sexual or severe abuse or neglect, or when severe domestic violence | Policy, cooperative agreement, statute | Emergency removals | Policy, cooperative agreement, statute | Department of Education, Division of Public Health, Department of Corrections, public school districts, child advocacy centers | Does not conduct joint investigations by has an agreement on how to cooperate with department. | Cooperative agreement. | ||
| FL | Law enforcement | Only in counties where investigation has been delegated to local law enforcement | Policy. | |||||||
| GA | Law enforcement | Emergency removals | Policy | All reports are referred but law enforcement does not choose to go out on most. | Policy | Team including medical personnel | Medical concerns (e.g., Factitious Disorder (FDP), Munchausen Syndrome (MBP) investigations) | Statute | ||
| HI | Law enforcement | Emergency removals | Policy, cooperative agreement, statute | |||||||
| IA | Law enforcement | Sexual or severe abuse | Protocol, policy | Emergency removals | Protocol, policy | |||||
| ID | Law enforcement | Sexual or severe Abuse | Protocol, policy | Emergency removals | Policy | Prosecuting attorney | Sexual or severe abuse | Protocol | ||
| IL | Law enforcement | Serious physical or sexual abuse or other action | Statute, Protocol, Policy | |||||||
| IN | Law enforcement | Sexual and child fatalities, severe abuse | Protocol, policy, cooperative agreement, statute | Emergency removals | Policy | |||||
| KS | Law enforcement | Sexual or severe abuse | Policy, statute | Emergency removals | Policy | KS Dept. of Health and Environment licensed childcare facilities | When there is a concern for health or safety in a regulated facility | Protocol, policy, statute | ||
| KY | Law enforcement | Sexual or severe abuse | Policy, statute | Office of Inspector General, Division of Licensed Child Care | When a licensed childcare facility is involved | Standards of Practice | ||||
| LA | Law enforcementa | Sexual or severe abuse | Policy, cooperative agreement | Emergency removals | Policy | |||||
| MA | Law enforcement | Sexual or severe abuse | Policy, cooperative agreement, statue | Emergency removals | Policy | Office of Child Care Services, Dept. of Mental Health, District Attorney | No mandates; depends on case | Policy, cooperative agreement, statute | ||
| MD | Law enforcement | Sexual or severe abuse | Policy, cooperative agreement | Emergency removals | Policy | Childcare administration | Report concerning a childcare facility | Policy, cooperative agreement | ||
| ME | Law enforcement | Sexual or severe abuse. Any time a crime may have been committed. | Policy, cooperative agreement | Emergency removals | Policy | |||||
| MI | Law enforcement | Sexual or severe Abuse | Protocol, policy, statute | |||||||
| MN | Law enforcement | Sexual, severe, or malicious punishment or imminent danger | Policy, protocol, statute | Emergency removals | Policy | |||||
| MO | Law enforcement | Sexual or severe abuse, severe neglect | Policy, protocol, statute | Emergency removals | Policy | |||||
| MS | Required to notify law enforcement, but joint investigation not required. | Statute | Emergency removals. | Policy | ||||||
| MT | Law enforcement | Emergency removals | Policy | |||||||
| NC | Law enforcement | If a juvenile has been abused. | Protocolb , policy, statute | Emergency removals | Policy | NC Division of Child Development | CAN in childcare facilities, including residential facilities operated by DHHS | Policy, statute | ||
| ND | Law enforcement | Sexual or severe abuse | Policy, statute | Emergency removals | Policy | |||||
| NE | Law enforcement | Sexual or severe abuse or foster care. | Policy, statute | Emergency removals | Policy | Licensing authority | Child abuse or neglect in out-of-home care | Protocol, policy | ||
| NH | Law enforcement | Sexual or severe abuse, abandonment. | Policy, statute, protocol | Emergency removals | Policy | |||||
| NJ | Law enforcement | Worker safety, child death, violence occurring or threatened. | Policy, statute | Emergency removals | Policy | |||||
| NMc | Law enforcement | Emergency removals | Policy | |||||||
| NV | Law enforcement | Abandonment or if parents refuse medical care for child, torture or risk of parent fleeing with child. | Policy | Emergency removals | Policy | |||||
| NY | Law enforcement | Emergency removals | Policy | Sexual or severe abuse | Policy | Society for the Prevention of Cruelty to Children | When referred by local agency | Policy | ||
| OH | Law enforcement | Emergency removals | Policy | |||||||
| OKd | Law enforcement | Sexual or severe Abuse | Protocol, policy, statute, local agreement | Emergency removals | Policy | |||||
| OR | Law enforcement | Emergency removal | Policy, statute | |||||||
| PA | Law enforcement | Emergency removals | Policy | |||||||
| RI | Law enforcement | Emergency removals | Policy | |||||||
| SC | Law enforcement | Violation of criminal law or sexual abuse, severe abuse | Protocol, policy, cooperative agreement, statute | Emergency removals | Policy | |||||
| SD | Law enforcement | Sexual or severe abuse | Policy | |||||||
| TN | Child Protection Investigation Team | Sexual or severe abuse | Policy, protocol, statute | Emergency removals | Policy | Licensing agency | Any referral involving a licensed childcare facility | Protocol, policy, cooperative agreement | ||
| TX | Law enforcement | Sexual or severe abuse | Policy, statute | Emergency removals | Policy | |||||
| UT | Law enforcement | Safety concerns, serious abuse, and criminal activity | Policy, statute | Emergency removals | Policy, statute | Contract agency for conflict of interest | For conflicts of interest (e.g., staff, foster parent) | Policy, statute | ||
| VA | Law enforcement | Sexual or severe abuse, injury as a result of felony or Class 1 misdemeanor | Policy, statute | Emergency removals | Policy | Local attorney for the Common-wealth | Sexual or severe abuse | Statute | ||
| VT | Law enforcement | Sexual, severe abuse, criminal neglect, dangerous situations | Policy, protocol | Emergency removals | Policy | |||||
| WA | Law enforcement | Sexual abuse or any case at the discretion of law enforcement. | Protocole , statute | Emergency removals | Policy | |||||
| WI | Law enforcement | Sexual abuse | Protocol, policy, statute, cooperative agreement | Emergency removals | Policy | Tribal societies | Not specified | Protocol, policy, cooperative agreement, statute | ||
| WV | Law enforcement | Sexual or severe abuse | Policy, statute | Emergency removals; all investigations of CAN | Policy | Prosecuting attorney | All investigations of CAN | Statute | ||
| WY | Law enforcement | Sexual or severe abuse | Protocol, policy | Emergency removals | Policy | |||||
| 1 Portions of these data have been
supplemented with preliminary data from an ongoing American Humane Association
project, “Law Enforcement, Child Protection Agencies and Hybrids,”
funded by the Edna McConnell Clark Foundation. The final report for this
project is anticipated October 2002. a Each parish has its own agreement on the protocol with law enforcement. b For CAN in daycare centers. c Coordination is required for investigations on military bases and on reservations. d Oklahoma has a third circumstance: "when there is an allegation of methamphetamine lab or other substance abuse." e Washington statute mandates that local prosecutors must develop a protocol with CPS and local law enforcement on how they will handle sexual abuse cases. |
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| State | Are priority Standards for Starting an Investigation Described in Policy? | Priority Standards |
|---|---|---|
| AK | Yes | Priority 1 -24 hours; Priority 2 -72 hours; Priority 3-7 days |
| AL | Yes | High risk protocol used |
| AR | Yes | Priority 1 - 24 hours; Priority 2 - 72 hours |
| AZ | Yes | High, moderate, low, and potential risk |
| CA | No | |
| CO | Yes | High, medium, or low risk |
| CT | Yes | Failure to respond immediately could result in death or serious injury - 2 hours; School report - same day; Nonlife threatening situation, serious enough to warrant same day response - 24 hours; Nonlife threatening situation, indicates need for timely response - 72 hours |
| DC | Yes | Based on immediate protection needs, current risk, physical evidence, and intake information-- Priority 1, Priority 2, or Priority 3 category is assigned |
| DE | Yes | Children at high risk - 24 hours; children at risk - 10 days |
| FL | Yes | Immediate on site or within 24 hours |
| GA | Yes | Serious or high-risk reports must be responded to within 24 hours (specific types listed in policy). All others must be responded to within 5 working days. |
| HI | Yes | Immediate response for children in police protective custody or in hospital; all other responses - within 1 week, but preferably within 72 hours. |
| IA | No | |
| ID | Yes | Priority 1 - immediate danger; Priority 2 - not immediate danger but allegations of CAN are clearly defined in referral; Priority 3 - without parental care but not in immediate danger |
| IL | No | |
| IN | Yes | Immediate to 5 days, depending on seriousness of allegation |
| KS | Yes | Same day - when there is reason to believe a child has been seriously injured or is in immediate serious danger; 72 hours - all other allegations |
| KY | Yes | 1) Imminent danger; (2) sexual abuse; (3) nonimminent danger - physical; (4) nonimminent danger - physical; (5) neglect; (6) risk of physical or sexual abuse. |
| LA | Yes | Emergency - first face-to-face contact within 24 hours; High priority - face-to-face contact within 3 days; nonemergency - first face-to-face contact within 5 days |
| MA | Yes | Emergency; nonemergency |
| MD | Yes | Children in imminent danger - investigation must begin within 30 minutes. |
| ME | Yes | Same day - emergency reports; "must assign" cases - within 3 days; all reports - within 7 days |
| MI | Yes | Immediate response - physical injuries requiring medical care, chronic severe mental injury, caretaker demonstrates instability; 24-hr. response - child under 6 and is at risk of harm; 72 hrs. - no observable conditions |
| MN | Yes | Immediate - imminent danger, infant medical neglect; 1 working day to 72 hours - nonimminent danger |
| MO | Yes | Immediate - emergency situations; 24 hours - nonemergency situations; 72 hours - only allegation is educational neglect |
| MS | Yes | Felony under State or federal law - immediately; all others - within 24 hours |
| MT | Yes | 1st priority - immediate danger to child; 2nd - all others |
| NC | Yes | High risk - immediate response - physical abuse of child under 3, child under 6 left alone, sexual abuse, tormenting or torture, life-threatening situation, child under 12 is self-referred or refuses to go home |
| ND | Yes | Level A - sexual abuse, severe physical punishment; Level B - physical abuse, severe neglect; Level C - neglect, psychological maltreatment |
| NE | Yes | Families with children identified as harmed by maltreatment or who are at serious risk; families with children who are dependent. |
| NH | Yes | High risk - within 24 hours; moderate risk - 48 hours; low risk - 72 hours |
| NJ | ||
| NM | Yes | Emergency, Priority 1, Priority 2 |
| NV | Yes | High priority - emergency response; intermediate priority - same day; low priority - within 3 days |
| NY | No | |
| OH | Yes | Emergency - within 1 hour; all others - within 24 hours |
| OK | Yes | Priority 1 - no later than 24 hours; Priority 2 - within 48 hours to 15 days; Priority 3 - within 15 days to 30 days |
| OR | Yes | Cases of younger and vulnerable (i.e. disabled) children or children with serious injuries including sexual maltreatment are priority response, as well as neglect cases that result in serious injury. |
| PA | Yes | Within 24 hours unless immediate response is required for safety reasons. |
| RI | Yes | Emergency response - imminent danger; immediate response - risk factors present, not in imminent danger; routine response - minimal risk of harm |
| SC | Yes | Emergency or high risk - within 2 hours; nonemergency or medium risk - within 24 hours |
| SD | Yes | Describes situations requiring immediate response. |
| TN | Yes | Priority 1 - same day; Priority 2 - next day; Priority 3 - 5 working days |
| TX | Yes | Priority 1 - within 24 hours; Priority 2 - within 10 days |
| UT | Yes | Priority 1 - 1 hour; Priority 2 - within 24 hours; Priority 3 - 3 working days |
| VA | No | Regulation requires immediate response. |
| VT | No | |
| WA | Yes | Six risk levels (0 = no risk, 5 = high risk). Risk based on severity of allegations, risk factor information. |
| WI | Yes | Priority given to children who are not or might not be safe or at high risk. |
| WV | Yes | Depending on severity, 0 to 2 hours; within 72 hours; or within 14 days |
| WY | Yes | Immediate response depending on severity of allegation and age of child; all responses must begin within 24 hours. |
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| State | Is There a Requirement to Investigate? | ||
|---|---|---|---|
| All Children in Family, Home | Only Subject of Allegation | Other | |
| AK | Yes | ||
| AL | Yes | ||
| AR | Yes | ||
| AZ | Yes | ||
| CA | Yes | ||
| CO | Yes | ||
| CT | Yes | ||
| DC | Yes | ||
| DE | Yes | Yes | |
| FL | Yes | ||
| GA | Yes | ||
| HI | Yes | ||
| IA | Yes | ||
| ID | Yes | ||
| IL | Yes | Yes | |
| IN | Yes | ||
| KS | Yes | ||
| KY | Yes | Yes | |
| LA | Yes | Yes | |
| MA | Yes | &n | |