New Jersey Department of Children and Families Policy Manual Manual: Volume: Chapter: Subchapter: CP&P II E 1 Child Protection and Permanency Intake, Investigation and Response Allegation Based System Allegations Issuance: 900 Cuts, Bruises, Welts, Abrasions And Oral Injuries Effective Date: 12-30-2004 ALLEGATION OF HARM 12-30-2004 A cut, bruise, welt, abrasions or oral injury can be due to abuse -- allegation of harm #11. A cut, bruise, welt, abrasions or oral injury can be due to neglect -- allegation of harm #61. DEFINITIONS 12-30-2004 "Cut" (Laceration) means – An opening, incision or break in the skin made by some external agent. "Bruise" means – An injury which results in bleeding under the skin, where the skin is discolored but not broken. Also referred to as a contusion. "Welt" means – An elevation on the skin produced by a lash, blow or allergic stimulus. The skin is not broken and the mark is reversible. "Abrasion" means – A scraping away of the skin. "Oral Injuries" means – 1 Injuries to the child's mouth including broken teeth. TAKING A REPORT 12-30-2004 Usage – The Reporter has reason to believe that the cuts, bruises, welts, and abrasions resulted from one of the following: ABUSE – A direct action of the parent, caregiver, immediate family member, the parent's paramour, or other person responsible for the child's welfare. OR The failure of the parent, caregiver, immediate family member, the parent's paramour, or other person responsible for the child's welfare to make reasonable efforts to stop an action by another person which resulted in cuts, bruises, welts, and abrasions. NEGLECT – Blatant disregard of parental (or other person responsible for the child's welfare) responsibilities which resulted in the child sustaining cuts, bruises, welts, and abrasions. (NEGLECT) Factors to Be Considered – Not every cut, bruise, welt, abrasion or oral injury constitutes an allegation of harm. The following factors should be considered when determining whether an injury that resulted in cuts, bruises, welts, abrasions or oral injuries constitutes an allegation of harm: • the child's age; • the child's medical condition, behavioral, mental, or emotional problems, developmental disability, or physical handicap, particularly as they relate to the child's ability to seek help; • a pattern or chronicity of similar incidents; • the severity of the cuts, bruises, welts, abrasions or oral injuries (size, number, depth, extent of discoloration); • the location of the cuts, bruises, welts, abrasions or oral injuries; • whether an instrument was used on the child; and • the previous history of substantiated abuse or neglect. 2 INVESTIGATING A REPORT 12-30-2004 Required Documentation/Evidence Needed to Support a Finding – • Verify that the victim currently has cuts, bruises, welts, abrasions, or oral injuries or has sustained them in the past. Documented supervisory approval is necessary to substantiate a case based on bruises not observed by the investigator (past bruises). • Verify the typology of the injury including the exact location of the cuts, bruises, welts, or abrasions, age, pattern, color, percent of body affected and source. • Identify possible/plausible etiology (e.g., hand, belt, electrical cord, board, and switch) based on available information. Document the parent’s or caregiver’s explanation, including scene observation and mock demonstration. Carefully document the child's statement. • Document match of injury and explanations. • If police have conducted an investigation, the final finding must be obtained and documented. If the police report is not available, a case note must be included indicating the report has been requested along with documentation of the verbal statements. The supervisor must review the police report when it is received to ensure findings do not conflict with previously documented information received verbally. • If multiple possible perpetrators are identified, identify circumstantial evidence which identifies the most likely perpetrator. Document evidence that the cuts, bruises, welts, or abrasions are a direct result of some action by a parent/caregiver (ABUSE) or the failure of a parent/caregiver to stop the action of another person which results in cuts, bruises, welts, or abrasions (ABUSE), or blatant disregard by a caregiver which results in cuts, bruises, welts, or abrasions (NEGLECT). • Any other conflicting evidence has been resolved; when conflicting evidence exists, include a detailed analysis of evidence. • Apply and document the application of the "Factors to Be Considered.” Assess each factor as to relevance to the specific case and document on a NJ SPIRIT Contact Activity Note, printable as a Contact Sheet, CP&P Form 26-52. 3 Written approval -- The above elements are required for every investigation into a cut, bruise, welt, abrasion or oral injury. Your approval is required, in writing, if it is acceptable for any of the above steps to be eliminated from the investigation process. Formal documentation – The Supervisor documents his or her approval on a NJ SPIRIT Contact Activity Note, printable as a Contact Sheet, CP&P Form 26-52. REQUIREMENTS FOR INVESTIGATION 10-3-2011 The Child Protective Investigator shall: • Complete a safety assessment in accordance with policy. See CP&P-III-B6-600. Use CP&P Form 22-22, Safety Assessment (In-Home Cases). • Hold in-person, individual interviews with the parents/caregivers. Parents should be contacted on the same day as contact with the child victim(s) if at all possible. • Hold an in-person, individual interview of parent(s), other adults in the home, the child's siblings, and other children residing in the victim’s home. Non-verbal children must be observed. • Complete a CARI check of household members and other subjects regularly frequenting or living in the home; criminal background check if the alleged perpetrator is a paramour of the parent. • If a paramour-involved report, conduct Promis/Gavel check to determine record of criminal history. For policy regarding the procedure to request adult probation records from the Probation Services Division, see II A 1214, Procedures to Request Adult Probation Records. • Thoroughly read and review prior investigations. • Interview the reporter and others identified in the current report or related information as having knowledge of the incident. • Hold an in-person, individual interview with alleged child victim(s); assess the child's physical injury, including photographs and/or body chart. • If marks are found on victim, individually interview other children in home. • Interview physician or other medical personnel who treated current injury if other than reporter. • Hold an in-person or phone interview with law enforcement, if police have had contact on report. 4 • Interview the assigned primary Worker, if a service case is currently open. • Interview the alleged perpetrator in person. • Complete a risk assessment in accordance with policy. See CP&P-III-B-6600. Use CP&P Form 22-23, New Jersey CP&P Family Risk Assessment. • Refer the child to the Regional Diagnostic and Treatment Center. See CP&P-II-C-2-600. • Complete a Caregiver Strengths and Needs Assessment in accordance with policy. See CP&P-III-B-6-600. Use CP&P Form 22-24, New Jersey CP&P SDM™ Caregiver Strengths and Needs Assessment. • Complete a Child Strength and Needs Assessment in accordance with policy. See CP&P-III-B-6-600. Use CP&P Form 22-25, New Jersey CP&P SDM™ Child Strength and Needs Assessment. • Hold an in person, individual interview with parents/caregivers. If the safety assessment is marked unsafe, parents must be interviewed immediately to ensure the child's safety. • Hold an in person, individual interview with alleged perpetrators. • Hold an in person, individual interview with all other adults and verbal children of the perpetrator's household. Non-verbal children must be observed. • Observe the environment where maltreatment occurred. • Interview physicians or other medical personnel directly involved with the treatment of the reported injury. • Interview all identified witnesses who are reported to have knowledge of the incident that resulted in the injuries. • If the family or the subjects identify two or more possible collateral contacts, interview at least two, either by phone or in person. This includes character witnesses. • Interview the prior Worker, if a service case is currently closed but has been open within the past two years. • Interview other community professionals who have knowledge of the incident. 5 • When there are other children in the home, interview school personnel and/or child care provider who has knowledge of the child and/or the level of parental care provided to the child. • Interview primary care physician or physician who has seen the victim within the past six months. • Interview child protective services in other states in which the family members have resided in the previous five years. Written approval -- The above elements are required for every investigation into a cut, bruise, welt, abrasion or oral injury. The Supervisor’s approval is required, in writing, if it is acceptable for any of the above steps to be eliminated from the formal investigation process. Formal documentation – The Supervisor document his or her approval on a NJ SPIRIT Contact Activity note, printable as a Contact Sheet, CP&P Form 26-52. REQUIRED MEDICAL INFORMATION AND/OR CONSULTATIONS 10-3-2011 • The Worker must ensure the child victim receives an immediate medical exam if evidence exists the child is in need of urgent medical care. • Medical records of current treatment/diagnosis and relevant past treatment. • A medical contact may be necessary to rule out naturally occurring cutaneous marks confused with abuse such as Mongolian spots, Maculae cerulean, Salmon patches, and Strawberry marks, or if a medical exam is needed to match the injury with a potential cause (etiology). Note: The opinion of the physician with the most relevant specialization and experience should be given the greatest regard. LAW ENFORCEMENT NOTIFICATION AND INVOLVEMENT 10-3-2011 Child Protective Investigator is responsible for making the following notifications when applicable. • Law enforcement and the Prosecutor's shall be notified if the child is taken into protective custody, or if the alleged perpetrator is a paramour. • Notify the Prosecutor if the report constitutes a second, or more, substantiated report of abuse. 6 • Investigations must be coordinated with the Child Advocacy Centers in areas served by them, unless the center is unwilling to work with this allegation. 7
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