State of Michigan DEPARTMENT OF HUMAN SERVICES BUREAU OF CHILDREN AND ADULT LICENSING RICK SNYDER MAURA D. CORRIGAN GOVERNOR DIRECTOR February 5, 2014 Savator Selden-Johnson Kent County DHS 121 Franklin SE Grand Rapids, MI 49507-1233 RE: License #: CP410201222 Investigation #: 2014C0211019 Kent County DHS Dear Ms. Selden-Johnson: Attached is the Special Investigation Report for the above referenced facility. Please note that violations of any licensing rules are also violations of the MSA. Due to the violations identified in the report, a written corrective action plan is required. The corrective action plan is due 15 days from the date of this letter and must include the following: • • • • • How compliance with each rule will be achieved. Who is directly responsible for implementing the corrective action for each violation. Specific time frames for each violation as to when the correction will be completed or implemented. How continuing compliance will be maintained once compliance is achieved. The signature of the responsible party and a date. If you desire technical assistance in addressing these issues, please feel free to contact me. In any event, the corrective action plan is due within 15 days. Failure to submit an acceptable corrective action plan will result in disciplinary action. Sincerely, Claudia Triestram, Licensing Consultant Bureau of Children and Adult Licensing Unit 13, 7th Floor 350 Ottawa, N.W. Grand Rapids, MI 49503 P.O. BOX 30650 • LANSING, MICHIGAN 48909 www.michigan.gov • (517) 284-9700 MICHIGAN DEPARTMENT OF HUMAN SERVICES BUREAU OF CHILDREN AND ADULT LICENSING SPECIAL INVESTIGATION REPORT I. IDENTIFYING INFORMATION License #: CP410201222 Investigation #: 2014C0211019 Complaint Receipt Date: 01/14/2014 Investigation Initiation Date: 01/14/2014 Report Due Date: 03/15/2014 Licensee Name: Michigan Department of Human Services Licensee Address: 235 South Grand Avenue Lansing, MI 48902 Licensee Telephone #: (517) 373-3768 Administrator: Savator Selden-Johnson, Administrator Maura Corrigan, Designee Licensee Designee: Maura Corrigan, Designee Name of Facility: Kent County DHS Facility Address: 121 Franklin SE Grand Rapids, MI 49507-1233 Facility Telephone #: (616) 247-6005 Original Issuance Date: 11/01/1992 License Status: REGULAR Effective Date: 07/29/2013 Expiration Date: 07/28/2015 Capacity: Unknown Program Type: CHILD PLACING AGENCY, FIA 1 II. ALLEGATION(S) • • III. The agency has not followed AWOL policy; The agency has refused to file a pick-up order with the court for a child that has been AWOL for 3 weeks. METHODOLOGY 01/14/2014 Special Investigation Intake 2014C0211019 01/14/2014 Special Investigation Initiated - Email emails received from complainant 01/20/2014 Inspection Completed On-site Interviewed Kelli & Wendy. Worker out of office this week. 01/30/2014 Contact - Email Sent to Wendy Wheeler Requested SW contacts 01/31/2014 Contact - Document Received SW contacts received 02/04/2014 Inspection Completed-BCAL Sub. Compliance ALLEGATION: The agency has not followed AWOL policy. INVESTIGATION: The foster care worker, Brian, became aware on 12/30/13 that Child A had been AWOLP from the home of his father since 12/20/13. Brian told father on 12/30/13 that he needed to notify the police that his child was AWOLP. The father informed Brian he did not want to do so due to outstanding warrants. The father later agreed to do so and Brian asked him to inform the agency once he did so and what the LEIN number was. The father informed Brian on 1/05/14 of the LEIN number, but there is no indication as to what date the father contacted law enforcement. The agency reports they were unable to classify Child A as AWOLP in SWSS due to his placement being with his father. Two pages of the most recent Updated Service Plan were provided by the agency and the Child Status section states the following AWOLP efforts by the agency: • 1/02/14 – a review of case records of family and friends 1/02/14 – contacted one family member/friend who had no information of Child A’s whereabouts 2 • • • • • • • • • • • 1/09/14 – contacted another family member/friend who had no information of Child A’s whereabouts 1/06/14 – Brian had the father contact the child’s school to see if he was in attendance. School was cancelled due to weather that day. 1/08/14 – Child A’s father contacted the school and informed them Child A was a run away. 12/30/13 and 1/08/14 – Agency conducted Facebook searches of Child A 1/08/14 – Agency contacted Child A’s Lawyer-Guardian ad Litem (L-GAL) to inform of AWOLP status. 1/09/14 – DHS called Nancy Rostoni to find out what to do regarding completing DHS 3198-A as SWSS would not automatically generate it given they could not change Child A’s status in SWSS to AWOLP. 1/09/14 - Notified the court that Child A was AWOLP 1/09/14 – A pick-up order was completed and sent to the court 1/10/14 – DHS 3198-A was completed and sent to Child Locator Unit. 1/21/14 – A DHS case manager completed the DHS-710 1/24/14 – attempted contact at a possible address where Child A could be 1/24/14 – attempted contact with Child A’s mother to inquire of his whereabouts. She does not live at the address contacted and the people there did not know of Child A’s whereabouts. There were several additional contacts with Child A’s father throughout the month of January to inquire about any contact. There has been no contact with the father by Child A. There was also additional contact with the school who had not heard from Child A. APPLICABLE RULE ABSENT WITHOUT LEGAL PERMISSION (AWOLP) 722-3A NOTIFICATION Foster parents, relative/unrelated caregivers, parents, and/or residential facility staff must immediately notify law enforcement agencies (state police, local police, or the sheriff’s department) and the supervising agency when a ward under their care fails to return at the expected time or leaves a home without permission. Note: The supervising agency must establish procedures to implement this policy during non-working hours. The assigned caseworker must be notified the next business day. Immediately, the supervising agency must file a missing person report with the local law enforcement agency. PAFC providers must immediately notify the DHS monitoring worker and document the notification in social work contacts. 3 Within 24 hours of the child’s absence, the supervising agency must notify: •The court of jurisdiction. •The parents, if appropriate. •Lawyer-guardian ad litem (LGAL). Assigned Caseworker Responsibilities The assigned caseworker must take the following action within one business day of the child’s absence: •Update MiSACWIS. •Document action taken to locate the child in MiSACWIS. •Complete the DHS-3198A, Unauthorized Leave Report, to the Court/Law Enforcement. ••Send a copy of the DHS-3198A, Unauthorized Leave Report, to the court. ••Send/take a copy of the DHS-3198A, Unauthorized Leave Report, to the local law enforcement agency to ensure that the child is entered on the Law Enforcement Information Network (LEIN) as MISSING and ENDANGERED. ••Retain a copy in the case file. •Complete the DHS-710, Clearance to Publish Children AWOLP on DHS Web, obtain required signatures, and forward to the Child Locator Centralized Unit; see Child Locator Centralized Unit in this item. DHS Caseworkers Only •Confirm that the child has been entered on LEIN and document in MiSACWIS. Note: If local law enforcement refuses to place child on LEIN, the caseworker must document in MiSACWIS and forward information to the Child Locator Centralized Unit. PAFC Caseworkers Only •Notify the DHS monitoring worker of any additional information. •Forward a copy of the DHS-3198A, Unauthorized Leave Report, and the child’s current photo to the DHS monitoring worker. DHS Monitoring Worker Responsibilities Within one business day of receipt of the DHS-3198A, the DHS monitoring worker must: •Update information in MiSACWIS. •Confirm that child has been entered in LEIN and document in MiSACWIS. 4 Note: If local law enforcement refuses to place child on LEIN, the DHS monitoring worker must document in MiSACWIS and forward information to the Child Locator Centralized Unit. DILIGENT SEARCH Assigned Caseworker Responsibilities As soon as possible, but within two business days of the child’s absence, the assigned caseworker must commence a diligent search for the child. Actions required are: •Review all available information in the case file/MiSACWIS records to identify information on the potential location of child; for example, family members, unrelated caregivers, friends, known associates, churches, and/or a neighborhood center. •Contact the school that the child last attended. Verify that the child is not in attendance and determine if there are friends/teachers of the child who may have information. •Contact the local school district office(s) to determine if child has enrolled in a new school. ••Outstanding medical needs and contact physician. ••Medication needs and contact pharmacy. •Document results of all contacts in MiSACWIS. •Forward any new results of contacts to the court and law enforcement. DHS Caseworkers Only •Complete automated systems checks to search for child or known family members (Bridges, Secretary of State, LEIN). DHS Monitoring Worker Responsibilities As soon as possible, but within two business days of notification, the DHS monitoring worker or designee must commence a diligent search for the child by the following actions: •Complete automated systems checks to search for child or known family members (BRIDGES, Secretary of State and LEIN). •Review any additional DHS case files/MiSACWIS records to identify information on the potential location of child/youth; for example, family members, unrelated caregivers, friends, known associates, churches, and/or a neighborhood center. Forward any new information to the court, law enforcement and the supervising agency. Ongoing AWOLP Diligent Search At a minimum, the assigned caseworker and (if applicable) the DHS monitoring worker must repeat a diligent search every calendar month until the child is located. The assigned caseworker 5 must document all efforts to locate a child and any child-initiated contacts in the case file using the DHS-991, Diligent Search Checklist. This information must also be documented in the case service plan and court reports. The caseworker must continue to notify law enforcement of any new information to aid in their efforts to locate the youth. ANALYSIS: The agency was to immediately contact law enforcement, which was not done. Rather, the caseworker asked the father to do so and inform the agency when he had. The father did not inform the agency he had done so for six days after initially determining Child A’s AWOLP status. The agency did not make the contacts that are required within twenty-four hours. They did not notify the court for ten days after they learned of Child A’s AWOLP status, they notified the L-GAL nine days later, and although an attempt was made to notify the mother of Child A on 1/24/14, twenty-five days later, she has not yet been notified. The actions required within one business day were not completed timely with the exception that the agency did attempt to update SWSS, but states that due to the child’s current placement with a parent the system would not allow them to code him as AWOLP in SWSS. The agency documented that they did a search of the SWSS for family and friends and a possible location nine days after Child A was established as AWOLP. A Facebook search was done on 12/30/13, the day they became aware Child A was AWOLP, with no indication of where Child A was. On 1/06/14 the father provided the agency with the name of a person and the city in which he believed the child to be residing. There are no documented efforts to contact this individual or visit the home upon receipt of the information. 6 The agency did not complete the DHS-3198A within one business, day; they did not complete it until eleven days after learning of Child A’s AWOLP status. While the agency cites not being able to complete the document in SWSS as their reason for not completing it timely, the agency could have completed the document manually, as they ultimately ended up doing. It was not for ten days following their knowledge of the AWOLP that they reached out to someone to determine what they should do about completing the DHS-3198A that would not automatically generate in SWSS. The agency also did not ensure that the child was entered in LEIN within one business day. While they did inform the father that he needed to do so on the day they learned of his AWOLP, the agency did not notify law enforcement themselves and they did not receive confirmation for five days that the father had followed through in doing so. Additionally, the DHS-710 was not completed until twenty-two days after learning of Child A’s AWOLP status. The agency has made several contacts with Child A’s father since learning of his AWOLP status and has contacted the school a couple of times. However, the agency has not made sufficient efforts to contact known family and friends to determine Child A’s whereabouts. As stated, they did not immediately notify the mother, and only in trying to contact her three weeks after becoming aware of Child A’s AWOLP did they inadvertently ask a relative who was living at the residence they believed to be the mother’s. There were two other individuals contacted, one appears to be a fictive kin and one a friend of the family, three and ten days after the Child was confirmed AWOLP. Since this investigation was initiated the agency has made additional efforts to locate Child A such as an additional Facebook search, contacting the school again, ongoing contact with the father, and two attempted home visits to locate Child A (one being where they believed the mother resided and the other home’s connection to the child is not known). So while it appears a new caseworker has been assigned to the case, per social work contacts provided, and the new worker has made efforts since the initiation of this investigation, timely efforts were not made as required in policy upon learning Child A was AWOLP. CONCLUSION: VIOLATION ESTABLISHED 7 ALLEGATION: The agency has refused to file a pick-up order with the court for a child that has been AWOL for 3 weeks. INVESTIGATION: The court asked the agency to file a pick-up order on 1/09/14, which the agency did not believe they could do due to the child’s placement plan being to return to his father once he is located. Later the same day the agency did agree to file the pickup order, which the Judge signed. The agency developed and distributed a procedural administrative letter related to children who go AWLOP. Kelli Arrendondo, Program Manager, did not believe that the letter should be used in investigating this complaint as she stated it was an internal document, intended only for Kent County DHS staff. However, it was pointed out that the distribution list at the end of the letter includes not only Kent County DHS staff, but all private agencies within the county and the Family Court. The letter reads as follows: KENT COUNTY DEPARTMENT OF HUMAN SERVICES June 6, 2012 Administrative Letter #775.10 Effective Date: Immediately SUBJECT: PROCEDURES FOR PLACING A CHILD ON LEIN AND PICK-UP ORDER The purpose of this administrative letter is to define role responsibility and procedures when a neglect ward leaves (AWOLP) their placement without agency permission. When a neglect ward runs from a residential program the residential facility shall immediately notify the appropriate law enforcement agency and the DHS foster care worker. The DHS foster care worker is to complete a complaint form (see attached) and send it to the Family Court by the next working day. The complaint form (pick up order) is a request for apprehension and must indicate, when apprehended, the type of placement, detention or KIDS First. The Family Court upon issuing an “Order to Place into Temporary Custody” will enter the information into LEIN. The Juvenile Custody order issued is for Michigan only and is good for 90 days. When apprehension occurs, the DHS foster care worker must notify the Court so the LEIN can be updated. 8 When a neglect ward, assigned to a foster care agency for the provision of services, (assigned in the DHS system to a foster care monitor), leaves his/her placement without permission the agency worker is responsible for notifying the police and filing the complaint with the court as described in the previous paragraph. The LEIN administrator’s office in Lansing has ordered that LEIN entries are to be made only by the Law Enforcement Agencies. In Kent County, Grand Rapids, Wyoming, Grandville, Walker, Rockford and KCSD do their own LEIN entry. East Grand Rapids, Cedar Springs and Kentwood do their own during normal business hours, but use Kent County Sheriff Department evenings and weekends. Walker does it for Lowell and Rockford does it for Sparta. The following are the steps when a child is AWOLP: 1) The case manager (CPS, FC or private agency FC) fills out the attached Kent County Law Enforcement Entry for Missing Endangered Juveniles (Attachment A) and the KC-3, Petition-Request to Place on Temporary Custody (Attachment B). 2) Present these forms to the case management unit at Family Court 3) Case management will type up a Court Order and obtain a judge’s signature on the order. 4) Case management will then fax the Court Order and the Kent County Law Enforcement Entry for Missing Endangered Juveniles to the appropriate police agency. (note: the residence of the child’s parent, who last had physical custody, determines which police agency). Workers should call the police agency to let them know a fax is coming. When an AWOLP child is found: Immediately, fax the Law Enforcement Entry for Missing Endangered Juveniles with the cancellation notice to the same law enforcement agency and court. Note: The court pick-up order will have an expiration date. If the child is still AWOLP, the order must be renewed. ADMINISTRATIVE LETTER MAINTENANCE: This letter replaces Administrative Letter # 775.0, dated August 23, 2007 CROSS-REFERENCE: None 9 REVIEW DATE: June 2014 – Child Welfare Manager Attachment A: Kent County Law Enforcement Entry for Missing Endangered Juveniles Attachment B: KC-3, Petition-Request to Place on Temporary Custody KC FORMS: DISTRIBUTION: None Administrative Staff Child Welfare Staff Bethany Christian Services D. A. Blodgett Catholic Social Charities of West Michigan Wedgwood Christian Services St. John’s Home Family Court Lutheran Child & Family Services Lutheran Social Services of Michigan Family Outreach Center Both Ms. Arrendondo and Wendy Wheeler, Foster Care Supervisor, stated that a pick-up order was not completed when they were informed of the child’s AWOLP status, as they did not believe it was necessary, citing they did not intend to remove the child from his father’s care. Both believed a pick-up order only served to place a child in a shelter care setting. When Ms. Wheeler informed the Judge that the child was AWOLP on 1/09/14 she also stated the agency was unable to “ask for a pick-up order if we can’t place him anywhere other than his father’s home”. Ms. Wheeler was instructed by the Judge to file a pick-up order immediately, which the agency did complete later that day. APPLICABLE RULE R 400.12403 Policy and procedures. (1) An agency shall have and follow written policies and procedures for the foster care services provided. ANALYSIS: The agency wrote procedure for how file LEIN and a pick-up order when a child becomes AWOLP from their placement. The procedure states the LEIN is to be done immediately and the pick-up order within one working day. The pick-up order for Child A was not completed until the Judge told the agency to do so ten days after Child A’s AWOLP status became known to the agency. The LEIN is addressed in the policy violation above. CONCLUSION: VIOLATION ESTABLISHED 10 IV. RECOMMENDATION Upon receipt of an acceptable corrective action, it is recommended that no change be made to the license of this child placing agency. February 5, 2014 ________________________________________ Claudia Triestram Date Licensing Consultant Approved By: February 5, 2014 ________________________________________ Gregory V. Corrigan Date Area Manager 11