Ron DeSantis Governor State of Florida Department of Children and Families Chad Poppell Secretary Office of Inspector General Enhancing Public Trust in Government Investigative Report 2018-0045 April 1, 2019 Keith R. Parks Inspector General Amie H. Young, J.D. Chief of Investigations “Provide leadership in the promotion of accountability and integrity of State Government.” Mission: Work in Partnership with Local Communities to Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and Advance Personal and Family Recovery and Resiliency I .. ii; DEPARTMENT OF CHILDREN AND FAMILIES OFFICE OF INSPECTOR GENERAL 0? I Mi I Ll chad Poppell Investigative Report Keith R. Parks Secretary case Number: 2018-0045 Inspector General INTRODUCTION On April 4, 2018, Department of Children and Families (Department) Circuit 15 Child Protective Investigator Supervisor (CPIS) Leigh Fitzpatrick reported to the Office of Inspector General (OIG) that former Circuit 15 Child Protective Investigator (CPI) Cristina Olivieri1 may have falsified Florida Safe Families Network (FSFN) Case Note ID #160829163 in FSFN Investigation #2018-426808.2 According to Ms. Fitzpatrick, Ms. Olivieri added Child 2 to ?Subjects Contacted? in the case note without interviewing Child 2, and then removed the name when questioned. Ms. Fitzpatrick also alleged that Ms. Olivieri may have falsified information in the Family Functioning Assessment (FFA) of FSFN Investigation #2018-460532 by copying several paragraphs from an FFA completed on the same family by another CPI in 2016. Ms. Fitzpatrick subsequently identified additional FFAs Ms. Olivieri may have copied from FFAs previously completed by other in 2016.3 ALLEGATIONS AND FINDINGS Allegation 1 and Finding Circuit 15 Child Protective Investigator Cristina Olivieri falsi?ed child protective investigation records in FSFN Investigation #2018-426808. Potential violation of Rule and and Section 1 (5) and (6) CFOP 60-55; Southeast Region Falsi?cation - Employee Agreement; and and (0), PS. Finding: SUPPORTED. TESTIMONY Ms. Fitzpatrick supervised Ms. Olivieri. To ensure child safety, all children in a household should be interviewed, including non-victims, with details documented in FSFN case notes. On March 27, 2018, due to Ms. Olivieri sustaining an injury, Ms. Fitzpatrick began reviewing Ms. Olivieri?s open cases for reassignment, including FSFN Investigation #2018-426808. Version 1 of Case Note ID #160829163 reflected an interview with Child 1. On February 20, 2018, Ms. Olivieri added Child 2 to ?Subjects Contacted? in Version 3, with no interview details.4 Ms. Fitzpatrick suspected that Ms. 1 Effective May 10, 2018. Ms. Olivieri was no longer employed by the Department. 2 FSFN Investigation #2018-426808 was initiated on February 5, 2018, when the Florida Abuse Hotline (Hotline) received a report that? (the Mother) caused physical injury to 1). 2) was identi?ed as the non-victim child living in the home. The investigation was assigned to Ms. Olivieri the same day and closed on April 5, 2018 with ?No Indicators.? 3 Ms. Fitzpatrick provided nine additional FFAs (from FSFN Investigations #2017-127656, #2017-129371, #2017- 191854, #2017-199399, #2017-296684, #2017-334648, #2017-335014, #2017-338319, and #2018-412392) with examples of sentences that were identical or reworded from previous FFAs. The OIG selected FSFN Investigations #2017-234280 and #2017-273595 for further review. 4 Ms. Fitzpatrick explained that adding a name to ?Subjects Contacted? is achieved by clicking on a list of names in a drop-down box of all individuals named in the initial report to the Hotline. 1 Office of Inspector General Investigative Report #2018-0045 Olivieri may not have interviewed Child 2 and advised Circuit 15 Program Administrator Tiffany Crawford of such. On March 27, 2018 at about 1:00 p.m., Ms. Fitzpatrick and Ms. Crawford telephoned Ms. Olivieri, who was on her way to the Department office, and asked if she interviewed Child 2. Ms. Olivieri responded that she had done so, then said that she saw Child 2 but could not recall if she interviewed Child 2. Upon arriving at the office, Ms. Olivieri reiterated her previous responses to Ms. Fitzpatrick and Ms. Crawford. TE D On March 28, 2018, Ms. Fitzpatrick interviewed Child 2, who said she never met Ms. Olivieri.5 Ms. Fitzpatrick subsequently noticed that Ms. Olivieri entered Version 5 of Case Note ID #160829163 on March 27, 2018 at 1:22 p.m., removing Child 2 from “Subjects Contacted.” On April 3, 2018, Ms. Fitzpatrick asked Ms. Olivieri why she removed Child 2 after being questioned. Ms. Olivieri responded that after being questioned, she spoke to Circuit 15 Senior Child Protective Investigator (SCPI) Samantha Mitchell6 and told her she was unsure if she saw Child 2, so she (Ms. Olivieri) removed Child 2 from “Subjects Contacted.” Ms. Fitzpatrick did not ask Ms. Mitchell about the matter. AC During Ms. Olivieri’s involvement with FSFN Investigation #2018-426808, Ms. Fitzpatrick gave Ms. Olivieri numerous reminders to interview Child 2 through supervisory consultations and informal discussions. In addition, Ms. Fitzpatrick emailed Ms. Olivieri sections of the CPI Critical Activity Daily Management Report (Daily Report) each morning that reflected, in part, non-victim child interviews, such as the interview of Child 2, that were not documented. By adding Child 2 to “Subjects Contacted,” it gave the impression that Child 2 was interviewed. This prevented further Daily Report notifications about Child 2 and reminders from Ms. Fitzpatrick. ED WITNESS TESTIMONY The following individuals were interviewed: • • • Child 2 Circuit 15 CPIS Samantha Mitchell Circuit 15 Program Administrator Tiffany Crawford R The OIG Investigator showed Child 2 copies of Department identification photographs of Ms. Fitzpatrick, Ms. LeCounte, and Ms. Olivieri. Child 2 said she recognized and met Ms. Fitzpatrick and Ms. LeCounte, but not Ms. Olivieri. Ms. Mitchell said she previously worked with Ms. Olivieri and always encouraged her to ask questions if needed; however, she could not recall Ms. Olivieri talking to her about a child she may or may not have interviewed. Had Ms. Olivieri done so, Ms. Mitchell would have suggested discussing it with Ms. Fitzpatrick and would have asked Ms. Olivieri why she added a child to “Subjects Contacted” without an interview. 5 6 Documented in Case Note ID #161594716. Effective May 4, 2018, Ms. Mitchell became a Circuit 15 CPIS. 2 Office of Inspector General lnvestiqative Report #2018-0045 Ms. Crawford supervises Ms. Fitzpatrick and other Circuit 15 CPISs. In her opinion, Ms. Olivieri?s actions were irresponsible by failing to interview Child 2, yet making it appear she had done so by adding Child 2 to ?Subjects Contacted? and only removing the name when questioned. RECORDS REVIEWED FSFN Case Note ID #160829163 Ms. Olivieri entered the following case note versions re?ecting the commencement of FSFN Investigation #2018?426808 on February 6, 2018 at 11:00 am. DATE AND TIME VERSION ENTERED (2018) CASE NOTE DETAILS Ms. Olivieri conducted interviews at an unnamed 1 school with Child 1, a school staff member, a police of?cer, and Child 1?s friend. No names were listed under ?Subjects Contacted.? 2 Child 1 was added to ?Subjects Contacted? with no changes to the case note narrative. Child 2 was added to ?Subjects Contacted? with no February 7 4:14 pm. 3 February 20 10:46 am. changes to the case note narrative. 4 No changes were made. 5 March 27 1'22 p.m. Child 2 was removed from ?Subjects Contacted.? Department E-mails Department e-mails re?ect that Ms. Fitzpatrick e-mailed Daily Reports to Ms. Olivieri that included notifications of alleged ?Child Non-Victims in Open Child Investigations Where an Initial Face-to-Face Contact Has Not Been Documented.? Prior to February 20, 2018, the Daily Reports re?ected a notification concerning FSFN Investigation #2018-426808 and elapsed time since the initiation of the investigation, without naming the specific child. However, the Daily Report e-mailed on February 20, 2018 at 9:08 am. specifically named Child 2 as having no face-to-face contact documented.7 FSFN Supervisor Consultation Notes Ms. Fitzpatrick documented the following FSFN supervisor consultations with Ms. Olivieri: 0 An initial telephone consultation on February 12, 2018 at 4:50 pm. was documented in part as: ?Interviews needed with all other [household members] including [Child 2] in the home as the only [household member] spoken to was [Child . . A follow-up ?web review?8 on March 27, 2018 at 11:44 am. was documented in part as: has done nothing since commencement. . . . The notes are confusing because the commencement note shows [Child 2] was seen but there is no documented interview with that [child]. Was that [child] even 7 Ms. Fitzpatrick said that prior to February 20, 2018, she unintentionally failed to include non-victim children?s names in the Daily Reports. 8 Ms. Fitzpatrick said a ?web-review" is a review of a CPl?s actions in FSFN, followed up by a telephone contact with the CPI when available. Office of Inspector General Investigative Report #2018-0045 Interviews needed with all other [household members] including [Child 2] in the home as notes do not indicate she was interviewed.” • An additional telephone follow-up consultation with Ms. Olivieri on March 27, 2018 at 12:50 p.m. was documented in part as: “[Ms. Fitzpatrick] discussed this case over the phone and then in person with [Ms. Olivieri]. CPI advised [Child 2 and Child 1] were seen and the notes needed to be updated on the case. . . .” TE D Travel Records Ms. Olivieri did not submit travel records pertinent to this investigation. People First Timesheets An OIG review of People First timesheets revealed the following: • Ms. Olivieri was on duty for 8.0 hours of Type 1000 (Work-Regular) on February 6, 2018 and February 7, 2018, and for 15 hours on February 20, 2018. • On March 27, 2018, she was on leave for 7.5 hours [Type 0051 (Leave-Annual)], and on duty for 0.5 hours of Type 1000 (Work-Regular). AC Southeast Region Falsification - Employee Agreement By her signatures dated August 29, 2016 and November 29, 2017, Ms. Olivieri acknowledged the contents of the documents. The 2017 document contained the following excerpts, quoted in pertinent part: I have been provided a copy . . . of FS 839.13 as it relates to falsifying records. I understand that any person who knowingly falsifies, alters . . . records of the [Department] . . . with the intent to conceal a fact material to a child abuse protective investigation . . . commits a felony of the third degree . . . • I agree that any failure to adhere to the procedures and restrictions contained in this policy could result in disciplinary actions . . . up to and including dismissal and/or criminal charges. I have been given an opportunity to review the policy and to ask any questions to clarify my understanding of the policy. ED • SUBJECT TESTIMONY R Former Circuit 15 CPI Cristina Olivieri Ms. Olivieri had been a CPI since September 18, 2013 and was supervised by several CPISs, the most recent being Ms. Fitzpatrick. Upon reviewing Case Note ID #160829163, she recalled the documented events and confirmed that she entered the five case note versions in FSFN. She understood that “Subjects Contacted” reflected individuals seen and interviewed. She provided the following explanation as to why she added Child 2 to “Subjects Contacted” on February 20, 2018 in case note Version 3: • During February 2018, she was overloaded with a caseload of about 29 cases, the sheltering of about 20 children, and conducting home studies and appearing in court, all while continuing to receive new cases to commence and investigate. This resulted in her being untimely in many aspects of her casework, with no time to read the e-mailed Daily Reports. She therefore relied on Ms. Fitzpatrick to verbally remind her of any uncompleted casework. 4 Office of Inspector General • Investigative Report #2018-0045 On or about February 20, 2018, Ms. Fitzpatrick reminded her to add Child 2 to Case Note ID #160829163, to which Ms. Olivieri complied. Although Ms. Olivieri was aware that by doing so, Child 2 would no longer appear in future Daily Report notifications, it was not her intention to deceive anyone to think she had interviewed Child 2. Her intention was to interview Child 2; however, her excessive workload and constant new cases resulted in her forgetting to do so. She provided the following as to why she removed Child 2 from “Subjects Contacted” on March 27, 2018 in case note Version 5: On the prior weekend, she fractured her foot and was unable to conduct field work. During the work week beginning March 26, 2018, when Ms. Olivieri was supposed to be on leave, Ms. Fitzpatrick constantly sought information about open cases and pushing her to complete casework. • On or about March 27, 2018, Ms. Fitzpatrick and Ms. Crawford telephoned Ms. Olivieri and asked if she saw Child 2. Her immediate response was that she had done so because it was her usual practice to see all children. When asked again, she said she could not specifically recall and needed to review her notes. • She drove to the office, reviewed her notes, and realized she had not seen Child 2. She panicked and sought guidance from Ms. Mitchell, who was a work acquaintance and previously supervised Ms. Olivieri for a short period. Ms. Mitchell reassured her that it was only a mistake, not a big deal, that everyone makes mistakes sometimes, and to simply remove Child 2’s name. Ms. Olivieri then removed Child 2 from “Subjects Contacted.” AC TE D • ED When the OIG Investigator advised Ms. Olivieri that Ms. Mitchell testified she did not recall talking to her, Ms. Olivieri responded that Ms. Mitchell was lying, she (Ms. Olivieri) had done nothing wrong, and Ms. Mitchell was part of a conspiracy involving Ms. Fitzpatrick and Ms. Crawford to remove her because they did not like her. REBUTTAL TESTIMONY In response to Ms. Olivieri’s testimony, the OIG obtained the following testimony from Ms. Fitzpatrick and Ms. Crawford: R Ms. Fitzpatrick did not believe Ms. Olivieri was overloaded with work to the degree she (Ms. Olivieri) asserted. The Daily Reports during February 2018 reflected that Ms. Olivieri had between 14 and 18 cases and not the highest in the unit. During February 2018, Ms. Olivieri sheltered several children; however, most were in late February 2018, with Ms. Fitzpatrick assisting. Ms. Fitzpatrick did tell Ms. Olivieri to add Child 2 to “Subjects Contacted,” but only to do so after interviewing Child 2. Ms. Fitzpatrick believed that Ms. Olivieri simply forgot to interview Child 2, but attempted to make it initially appear she had done so. She explained that each new case Ms. Olivieri received became her priority, often to the detriment of being able to work and complete existing casework. In Ms. Crawford’s opinion, no SCPI or CPIS would tell a CPI to add a child to a case note without or before interviewing the child. Falsification of records has been discussed with Circuit 15 CPIs on numerous occasions, with each CPI 5 Office of Inspector General Investigative Report #2018-0045 required to read, acknowledge, and sign the Southeast Region Falsification Employee Agreement. In her opinion, even if Ms. Fitzpatrick had told Ms. Olivieri to add Child 2 without first interviewing the child, Ms. Olivieri should have known not to do so until after she had interviewed the child. Ms. Fitzpatrick and Ms. Crawford denied Ms. Olivieri’s accusation of a conspiracy to remove her for any reason. TE D Allegation 2 and Finding Circuit 15 Child Protective Investigator Cristina Olivieri falsified Family Functioning Assessments (FFAs) in FSFN Investigations #2018-460532,9 #2017234280,10 and #2017-273595.11 Potential violation of § 112.313(6), F.S.; Rule 60L36.005(1) and (3)(e) and (f), F.A.C.; Section 1-8.c.(5) and (6)(b), CFOP 60-55; Southeast Region Falsification - Employee Agreement; § 838.022(1)(a), F.S.; and § 839.13(2)(a) and (c), F.S. Finding: SUPPORTED. BACKGROUND The FFA document is a component of the child protective investigation documented in FSFN. It consists of the following six sections, with various subsections: Section I. Maltreatment and Nature of Maltreatment Section II. Child Functioning Section III. Adult Functioning Section IV. Parenting Section V. Parent/Legal Guardian Protective Capacities Analysis Section VI. Child Safety Determination and Summary AC • • • • • • ED Section 2-3, CFOP 170-1, defines the FFA as the process by which information is gathered, analyzed, and assessed to determine child safety in the household where the alleged maltreatment occurred. Section 2-4.c., CFOP 170-1, describes the six FFA information domains, the completion or updating of which requires “sufficient, current information” [sic]. Section 2-5, CFOP 170-1, requires due diligence in gathering all information to make accurate child safety determinations. COMPLAINANT TESTIMONY R During the last week of March 2018 and first week of April 2018, Ms. Fitzpatrick required Ms. Olivieri to work toward completing her casework, including FFAs. Upon reviewing Ms. Olivieri’s work product on April 3, 2018, the FFA of FSFN Investigation #2018-460532 caught Ms. Fitzpatrick’s attention, as she was familiar with the case that 9 On March 5, 2018, the Hotline received a report that an uncle beat six-year-old (Child 3) with an electrical cord. The investigation was assigned to Ms. Olivieri the same day, reassigned to Circuit 15 CPI Jennifer Jackson on April 5, 2018, and closed on May 4, 2018 with “Verified” findings concerning the uncle and (the Aunt). 10 On August 10, 2017, the Hotline received a report that 12-year-old (Child 4) was the alleged victim of inadequate supervision, environmental hazards, and substance misuse. The investigation was assigned to Ms. Olivieri the same day and closed on October 9, 2017 with “No Indicators.” 11 On September 19, 2017, the Hotline received a report that 13-year-old (Child 5) was the alleged child victim of substance misuse. The investigation was assigned to Ms. Olivieri the same day and closed on November 19, 2017 with “No Indicators.” 6 Office of Inspector General Investigative Report #2018-0045 involved serious abuse of Child 3. She reviewed the FFA of the previous child protective investigation on the same family (FSFN Investigation #2016-13738812), completed by Ms. Almeus in 2016. She noted that Section III and Section IV of Ms. Olivieri’s FFA were exact copies of the FFA completed by Ms. Almeus. She then advised Ms. Crawford. TE D Later that same day (April 3, 2018), Ms. Fitzpatrick and Ms. Crawford questioned Ms. Olivieri, who said she copied information from the previous FFA so it looked like she was doing her job, she was not going to leave it like that because it was incomplete, and she typically used information from a previous FFA to “revamp” her FFA. AC Upon reviewing the FSFN FFA audits, a pattern emerged that just prior to a case being closed, Ms. Olivieri viewed the previous FFA and copied information into her current FFA. Ms. Fitzpatrick explained that copying from a previous FFA of the same family was not permitted because family dynamics and situations constantly change. The information that Ms. Olivieri copied was sometimes up to two years old and therefore not accurate or relevant to the current cases. As an example, the “Analysis” paragraphs of Section II, Section III, and Section IV, and the “Sources” paragraph of Section IV of the FFA in FSFN Investigation #2017-234280, completed by Ms. Olivieri in October 2017, were identical to paragraphs of the FFA in FSFN Investigation #2016-046126,13 completed by Mr. Davis in April 2016. In that example, Ms. Olivier copied information regarding a mother as source information, when the mother was deceased at the time. The “Analysis” and “Caregiver 1 Discipline” paragraphs of Section IV in the FFA of Investigation #2017-273595, completed by Ms. Olivieri in November 2017, were identical to paragraphs in the FFA of FSFN Investigation #2016-359958,14 completed by Ms. Mills in February 2017. WITNESS TESTIMONY ED The following individual was interviewed: • Circuit 15 Program Administrator Tiffany Crawford R In Ms. Crawford’s opinion, Ms. Olivieri’s actions were “reckless” and could have put vulnerable children at risk. Although completing the FFA was a process that occurred throughout a child protective investigation, rather than copy sections from a previous FFA, a printed copy of the previous FFA could be used as a reference for the new FFA, or the FFA sections should be left blank until current information was obtained. In addition, because the integrity of a previous CPI’s FFA is always unknown, it was important to gather one’s own and current information. Ms. Crawford has never heard of any CPI copying information from a previous FFA. 12 On May 17, 2016, the Hotline received a report of family violence and inadequate supervision threatening Child 3 and a three-year-old child, and physical injury to a 10-month-old child in the household. The investigation was assigned to Circuit 15 CPI Junefer Almeus and closed on July 16, 2016 with “No Indicators” as to the physical injury and inadequate supervision, and “Not Substantiated” as to family violence. 13 On February 17, 2016, the Hotline received a report that Child 4 and a 14-year-old child were the alleged child victims of substance misuse by the maternal grandmother. The investigation was assigned to Circuit 15 CPI Marcus Davis and closed on April 6, 2016 with “No Indicators.” 14 On December 26, 2016, the Hotline received a report that Child 5 was the alleged child victim of family violence. The investigation was assigned to Circuit 15 CPI Nikia Mills and closed on February 23, 2017 as “Not Substantiated.” 7 Office of Inspector General Investigative Report #2018-0045 Specifically concerning the FFA of FSFN Investigation #2018-460532, the case management agency was seeking the completed FFA; therefore, Ms. Fitzpatrick and Ms. Crawford were requesting that Ms. Olivieri complete it.15 Ms. Crawford opined that perhaps Ms. Olivieri felt compelled to copy the information to make it appear the FFA was completed. RECORDS REVIEWED FSFN Investigations #2018-460532 and #2016-137388 TE D FFA The FFA of FSFN Investigation #2018-460532 reflected Ms. Fitzpatrick as the “Worker”16 and completed on May 4, 2018. The FFA of FSFN Investigation #2016-137388 reflected Ms. Almeus as the “Worker” and was completed on July 16, 2016. Two paragraphs in Section III and three paragraphs in Section IV concerning the Aunt in the FFA of FSFN Investigation #2018-460532 (see below) were identical to the same paragraphs in the FFA completed by Ms. Almeus. The Aunt’s age (as of 2016) was copied without change. R ED AC • On March 27, 2018 at 1:09 p.m., Children’s Home Society Dependency Case Manager Supervisor Michelle Poindexter wrote in an e-mail to Ms. Fitzpatrick and Ms. Olivieri, concerning FSFN Investigation #2018-460532, “As of this morning the FFA has still not been completed. During the . . . meeting we had on 03/19/18 it was reported that the FFA would be completed by the following Monday. Please advise.” Ms. Crawford responded at 1:44 p.m. that same date, copied to Ms. Fitzpatrick and Ms. Olivieri, that the FFA “should be completed today.” 16 Ms. Fitzpatrick explained that the “Worker Name” reflected the individual who initiated, but did not necessarily complete, the FFA. She initially created the FFA shell to assist Ms. Olivieri with her casework. 15 8 FSFN Audits The audit of the FFA of FSFN Investigation #2018-460532 reflected that Ms. Fitzpatrick initiated the FFA on March 14, 2018. Ms. Olivieri accessed the FFA on March 21, 2018 and on April 3, 2018 between 9:31 a.m. and 10:39 a.m. On April 3, 2018 at 9:34 a.m., Ms. Olivieri viewed Section III and Section IV of the FFA of FSFN Investigation #2016-137388. At 9:35 a.m., she updated the FFA of FSFN Investigation #2018-460532 with that information. AC • Investigative Report #2018-0045 TE D Office of Inspector General FSFN Investigations #2017-234280 and #2016-046126 FFA The FFA of FSFN Investigation #2017-234280 reflected Ms. Olivieri as the “Worker” and was completed on October 7, 2017. The FFA of FSFN Investigation #2016-046126 reflected Mr. Davis as the “Worker” and was completed on April 4, 2016. The “Analysis” paragraphs in Section II and Section IV, and the “Sources” paragraph of Section IV in the FFA completed by Ms. Olivieri (see below) were identical to the FFA completed by Mr. Davis. In the “Sources” paragraph of Section IV, the two children’s ages were copied without change. The biological mother was also referenced as a source; however, according to Section I, subsection “Nature of Maltreatment” of the FFA, the mother had “passed away in December 2016 from a drug over dose [sic].” R ED • 9 Office of Inspector General • Investigative Report #2018-0045 FSFN Audits Ms. Olivieri edited the FFA of FSFN Investigation #2016-046126 on October 5, 2017 at 11:32 a.m. At 11:34 a.m., she updated Sections II and IV of the FFA of FSFN Investigation #2017-234280. FSFN Investigations #2017-273595 and #2016-359958 FFA The FFA of FSFN Investigation #2017-273595 reflected Ms. Olivieri as the “Worker” and was completed on November 19, 2017. The FFA of FSFN Investigation #2016-359958 reflected Ms. Mills as the “Worker” and was completed on February 23, 2017. The “Caregiver 1 Discipline” and “Analysis” paragraphs of Section IV of the FFA completed by Ms. Olivieri (see below) were identical to the FFA completed by Ms. Mills. • FSFN Audits Ms. Olivieri edited the FFA of FSFN Investigation #2016-359958 on November 19, 2017 at 11:39 a.m. Between 1:31 p.m. and 1:37 p.m. on that same date, she updated Section IV of the FFA of FSFN Investigation #2017-273595. AC TE D • ED Southeast Region Falsification - Employee Agreement By her signatures dated August 29, 2016 and November 29, 2017, Ms. Olivieri acknowledged the contents of the documents. The 2017 document contained the following excerpts, quoted in pertinent part: I have been provided a copy . . . of FS 839.13 as it relates to falsifying records. . . I understand that this statute also relates to claiming work product that is not my own and plagiarism. [Copying] and pasting information from other employee’s work product is plagiarism and is included in falsification as referenced above. This includes all information entered into [FSFN] . . . • I agree that any failure to adhere to the procedures and restrictions contained in this policy could result in disciplinary actions . . . up to and including dismissal and/or criminal charges. I have been given an opportunity to review the policy and to ask any questions to clarify my understanding of the policy. R • SUBJECT TESTIMONY Former Circuit 15 CPI Cristina Olivieri Ms. Olivieri described compiling an FFA as a work in progress prior to it being submitted and the case closed. She admitted to copying Section III and Section IV from the previous FFA concerning the Aunt to the FFA of FSFN Investigation #2018-460532. She explained that during her initial investigation, the Aunt refused to speak to her and 10 Office of Inspector General Investigative Report #2018-0045 she was therefore unable to complete the relevant FFA sections. However, to plan for a future interview of the Aunt, as was her usual practice, she copied the information from the previous FFA as a foundation to help her complete her current FFA once the interview was conducted. At that point, she would remove any remaining information from the copied sections. However, she was never able to interview the Aunt and never completed or submitted the FFA or the case for closure because, without warning, she was placed on administrative leave on April 4, 2018, the day after she copied the information from the previous FFA, and was eventually terminated. TE D When the OIG Investigator asked why she did not leave the FFA sections blank until she conducted an interview with the Aunt, she reiterated the method she used to help her create the final FFA. She added that some CPIs use Microsoft Word to compile FFAs, whereas she inputs the information directly into FSFN and updates it throughout the investigation. Using Microsoft Word subjected her work to being lost, whereas it was less likely to be lost by directly using FSFN. She claimed that her previous supervisor, Circuit 15 CPIS Keon Dawkins, and others (not identified) told her it was permissible to use the information from the previous FFA as a basis or reminder of how to complete an FFA. AC Although she acknowledged signing and understanding the contents of the Southeast Region Falsification - Employee Agreement, she said it referred to completed work products and not a work in progress. Had she the time to interview the Aunt and complete the FFA, it would not have been a copy of the previous FFA. She added that to understand her actions, it was necessary to consider her caseload, the constant assigning of new cases, the constant text messages and telephone calls from Ms. Fitzpatrick to complete casework, and the number of times she asked for assistance when stressed out. ED Concerning the FFAs of FSFN Investigations #2017-234280 and #2017-273595, she did not recall the 2017 cases and stated only that previous CPISs had told her she could reuse sections from a previous FFA in a current FFA of the same family. REBUTTAL TESTIMONY In response to Ms. Olivieri’s testimony, the OIG obtained the following testimony from Ms. Crawford, Ms. Fitzpatrick, and Mr. Dawkins: R Ms. Crawford and Ms. Fitzpatrick opined that Ms. Olivieri had the opportunity to initially interview the Aunt, with law enforcement present at the time, but chose not to do so. Ms. Crawford further opined that no CPIS would have told Ms. Olivieri to copy information from a previous FFA. She suggested that even if a CPIS had done so, Ms. Olivieri should have known better than using, for example, a deceased mother as a source. She reiterated that Ms. Olivieri’s actions were “reckless.” Mr. Dawkins said he supervised Ms. Olivieri prior to Ms. Fitzpatrick. He denied telling any of his CPIs that copying information from a previous FFA into a current FFA was permissible or recommended. He confirmed that most of his CPIs utilize Microsoft Word to create their FFAs. 11 Office of Inspector General Investigative Report #2018-0045 ADDITIONAL INFORMATION Florida Certification Board records reflect that Ms. Olivieri was certified as a Child Welfare Protective Investigator from September 14, 2016 through June 25, 2018, when the certification was revoked. RISK ASSESSMENT TE D On May 29, 2018, a risk assessment was conducted by Ms. Fitzpatrick. All 20 children in Ms. Olivieri’s 18 cases were seen and determined to be safe, and no additional concerns were noted. SUMMARY The allegation that Circuit 15 Child Protective Investigator Cristina Olivieri falsified child protective investigation records in FSFN Investigation #2018-426808 is supported. The finding is based on the following: FSFN Investigation #2018-426808 records reflect that Ms. Olivieri entered Version 1 of Case Note ID #160829163 on February 7, 2018 with no reference to Child 2, and on February 20, 2018 at 10:46 a.m. in Version 3, she added Child 2 to “Subjects Contacted.” • FSFN Supervisor Consultation Notes reflect that on February 12, 2018, Ms. Fitzpatrick reminded Ms. Olivieri to interview Child 2. Ms. Olivieri’s e-mail records reflected that on February 20, 2018 at 9:08 a.m., Ms. Fitzpatrick e-mailed the FSFN Daily Report to Ms. Olivieri, listing Child 2 as not being interviewed. • Ms. Fitzpatrick testified that on March 27, 2018 at about 1:00 p.m., when questioned if she interviewed Child 2, Ms. Olivieri stated that she saw, but could not recall if she interviewed, Child 2. • On March 27, 2018 at 1:22 p.m., Ms. Olivieri removed Child 2 from “Subjects Contacted” in Version 5 of the case note. • Ms. Olivieri admitted to the OIG Investigator that she added Child 2 to “Subjects Contacted” after Ms. Fitzpatrick reminded her, explaining that her intention was to interview Child 2, but her workload resulted in her forgetting to do so. She removed Child 2 from “Subjects Contacted” after realizing she had not done so and speaking to Ms. Mitchell, who suggested removing the name. • Ms. Mitchell testified that she could not recall speaking to Ms. Olivieri about the matter. R ED AC • The allegation that Circuit 15 Child Protective Investigator Cristina Olivieri falsified Family Functioning Assessments (FFAs) in FSFN Investigations #2018-460532, #2017234280, and #2017-273595 is supported. The finding is based on the following: • Records reflect that the FFA compiled by Ms. Olivieri in FSFN Investigation #2018-460532 included sections identical to the same sections of the FFA from FSFN Investigation #2016-137388, completed by another CPI. 12 Office of Inspector General lnvestiqative Report #2018-0045 0 Ms. Olivieri admitted that she copied the FFA information, explaining that she did so to help her complete the FFA at a later time when she was able to interview the Aunt; however, she was placed on administrative leave the next day and was unable to complete the FFA. 0 Records reflect that sections of Ms. Olivieri?s FFA in FSFN Investigation #2017- 234280 were identical to the same sections of the FFA in FSFN Investigation #2016-046126, and sections of her FFA in FSFN Investigation #2017-273595 were identical to the same sections of the FFA in FSFN Investigation #2016- 359958, including the retention of a mother who was deceased as the source. 0 Ms. Olivieri testified that she did not recall the investigations from 2017. 0 Ms. Crawford testified that Ms. Olivieri?s actions were reckless and could have put vulnerable children at risk. RECOMMENDATIONS AND ACTIONS The OIG recommends that the Southeast Regional Managing Director: 0 Review this report and ensure Ms. Olivieri?s personnel ?le is updated to reflect the findings of this investigation. POST-INVESTIGATIVE ACTIVITIES In accordance with Florida Statutes (F.S.), on November 6, 2018, this investigation was coordinated with the Florida Department of Law Enforcement (FDLE) for a possible violation of F.S. (Official Misconduct), and and F.S. (Falsifying Records). On November 14, 2018, FDLE advised that they would initiate a criminal investigation. On February 7, 2019, FDLE further advised that on that same date, they referred the matter to the State Attorney?s Office (15th Judicial Circuit), in and for Palm Beach County. On March 26, 2019, FDLE reported that on March 25, 2019, the State Attorney?s Office declined to initiate a criminal prosecution. This investigation has been conducted in accordance with the ASSOCIATION OF INSPECTORS GENERAL Principles Quality Standards for Investigations. 13 Office of Inspector General Investigative Report #2018-0045 REFERENCES EXPLANATION OF TERMS Circuit 15 consists of Palm Beach County. Daily Report The CPI Critical Activity Daily Management Report (Daily Report) is generated by the Office of Child Welfare Data Reporting Unit and provides operational staff with critical information regarding child protective investigations workflow and caseloads to effectively manage ongoing investigations. FFA The Family Functioning Assessment (FFA) is the process by which information is gathered, analyzed, and assessed to determine child safety in the household where the alleged maltreatment occurred. FSFN The Florida Safe Families Network (FSFN) is the legal electronic system of record used by the Department to track child and adult intakes/reports and investigations and case management for children. Hotline The Florida Abuse Hotline (Hotline) serves as the central reporting center for allegations of abuse, neglect, and/or exploitation for all children and vulnerable adults in Florida. AC TE D Circuit 15 The Southeast Region consists of Circuit 15; Circuit 17 (Broward County); and Circuit 19 (Indian River, Martin, Okeechobee, and St. Lucie Counties). R ED Southeast Region 14