Assignment 2: Practicing Legal Skills in the Context of Strength-based Practice Length: 7 – 10 pages
Analytical Paper – (20%) 4-5 pages, APA style
Upon completion of the report, write an analysis of your experience from a critical and self reflective perspective. Consider the following questions and be specific in your critique:
Discuss the various power relations, from the micro to the macro level, that exist in a child protection investigation and within ongoing protective services.
How did you challenge and/or support inequitable power relations? How did you play out inequitable power relations? What would you do differently? What would you do the same?
What are the cultural and racial implications and considerations throughout the child protection continuum of this case?
Explore the ethical, moral, political, and personal dilemmas and any contradictions that you encountered while writing this report. Critically reflect upon how your location impacts your perceptions of practice. Explore the parts of this assignment that “fit” for you personally and within CYC practice and explain thoroughly.
Identify response based, strength based and evidence-based practice principles, concepts, rationale and models that you would apply in child protection interventions.
Integrate class learnings, discussions and learning outcomes from the course where appropriate.
Appendix 2: Child Welfare Report Template for Assignment 2
REPORTED CONCERNS:
Provide a summary of the reported concerns, why are you involved and conducting this assessment. What are the reported concerns?
SECTION 13 CONCERNS:
Identify current, significant, and observable concerns about the safety of the child(ren) or youth. Your purpose here is to determine the degree/extent to which the child(ren) or youth has recently experienced maltreatment or is likely to experience maltreatment in the immediate future.
Specify the form(s) of maltreatment about which you are concerned as these are defined in the legislation currently in force in your jurisdiction (or in the jurisdiction in which you expect to complete your practicum).
If no definitions are provided in the legislation, specify which definitions from course materials you have applied.
Ensure that you list facts that illustrate your concern(s).
If you are concerned about more than one form of maltreatment, rank order your concerns from most concerning to least concerning.
PREVIOUS CHILD WELFARE INVOLVMENT:
Highlight the previous child protection concern for the case study and identify the likely steps taken to assess the report (see the CFCSA and the policy).
SAFETY CONCERNS: (SA)
Use the SDM Safety Assessment tool found in your course readings, MCFD (2020) Practice Guidelines for using Structured Decision-Making tools to guide your response here. You do not need to fill out the form and submit it, do use it to guide which Safety Factors are present.
Identify and illustrate the responses, strengths, protective capacities and resources of parents/ caregivers /community and explain how these influence the child(ren)’s/youth’s safety and wellbeing.
Identify and illustrate the responses, strengths, protective capacities and resources of the child(ren) or youth and explain how these affect your assessment of their safety and well-being.
SAFETY PLAN:
Are the children safe while you conduct your assessment? Are there any s.13 concerns immediately present?
Use this area to identify if they are safe while you conduct your assessment or if you need to intervene in some way to help the kids be safe. Remember least intrusive to most disruptive if necessary.
How would you create safety for the child during the first point of contact with the family? If you believe the child is unsafe, create a safety plan as part of this report.
STEPS IN THE ASSESSMENT:
What steps did you take in your assessment? Who did you interview? What did they say?
Outline each interview and collateral that you did and what they said. Review the MCFD (2019) Child Protection Response policy here, specifically the Family Development and Investigative Responses.
OUTCOME:
Make a decision: Based on your assessment, is this child in need of protection as defined in the legislation in your jurisdiction? Provide a rationale: explain how you weighed out the various factors in your answers.
Of the various choices available to you under the legislation (e.g. one or both children remain in the home; one or both children remain in the home under a supervision order; remove one or both children from the home (voluntary out-of-home placement, a formalized placement with other (family or friends) or removal by order)), clearly indicate which choice you would make and provide a brief rationale for your choice. How does this choice and decision address the child’s safety and best interests?
ASSESSMENT OF STRENGTHS, NEEDS AND GOALS/ POTENTIAL CHALLENGES TO CHANGE:
For each person that you are working with, identify their responses, strengths, needs, and goals for service. You may use a table like below for each person. You may wish to review in the MCFD Structured Decision-Making tool policy: The Vulnerability Assessment and the Child and Family Strengths and Needs Assessment.
Identify potential challenges to change and how those challenges may affect overall safety and well-being of the children (small paragraph below each person’s table).
Challenges to change:
Articulate and explain identified or perceived barriers to change for each family member.
Clinical Analysis:
This is your opportunity to link theory to practice by identifying your own clinical judgment about your chosen family – this is your opportunity to answer the “so what does it all mean” question.
In this section you need to link the overall child safety concerns to the intervention strategies from a CYC perspective and how you believe all of the factors contribute to the overall case and your predicted outcome.
Appendix 5 – Case Study
Part One:
The hospital called to report that there is a 4-year-old child admitted with a broken femur, internal injuries and possible brain damage due to head trauma. The child’s injuries are a result from a motor vehicle accident. The child’s parents were both intoxicated and were driving home from a party at 3am when they had a head on collision with another vehicle. The child was not restrained in his car seat. Both parents have been discharged with no serious injuries.
You conducted an Initial Record Review (IRR) and a Detailed Record Review (DRR) as per the Child Protection Response policy and standards on the family and have found that the ministry has two prior reports:
The hospital called child protective services to report concerns for mom as they suspected domestic violence was occurring. The presenting information did not constitute a s.13 concern as the information was too vague. Information documented but the report was closed without assessment or follow up with the family.
as the child showed up at daycare with bruising on his upper back. The child at the time was non-verbal and the parent’s explanation was that the child fell off some shelves he was climbing on and landed on a toy. A medical exam could not substantiate abuse nor verify that the injuries were caused by falling on a toy. MCFD file was closed as inconclusive.
How does the IRR (initial record review)/DRR (detailed record review) history assist you with your initial assessment?
Are there any cultural, diversity or language barriers to consider? If you are unsure, how would you clarify this?
Under the FDR what response priority or time frame (24 hours or 5 days) would you assign to further assessing this information? Explain.
How will you approach the parents? What will you say? Do? How do you anticipate the parent’s response to you as a child protection worker?
Part Two:
You attend the hospital and with the assistance of the hospital social worker, you learn that mom remained with the child and dad left after his discharge from emergency. Mom is concerned about her child and is asking the nurses and doctors appropriate questions. You interview mom and she indicates that it was poor judgement about drinking too much at a party. She states she never drinks and has no real memory of the night and has a vague recollection of being outside and getting into the car. Mom cried throughout the interview and stated that she has no family supports stating, “they are all dysfunctional” and her spouse (dad) left home at 18 and has no connection with his family who mostly reside on a reserve outside of the province. Mom did not recall the name of dad’s reserve or the band he may belong to. Mom is unsure if dad is a registered member of the reserve.
Mom is worried that dad will blame her for what happened as they were visiting one of her friends. Mom also describes their relationship as “rocky” and would not provide any specifics and when asked for details, she changed the subject. Mom stated that dad left the hospital in order to sleep off his hangover and she thinks he will be back soon to bring her some lunch. You are about to leave when dad arrives. You introduce yourself as a child protection worker and dad becomes agitated and aggressive and states, “you have no business being here” and, “you people are just as bad as the cops, always putting your noses into other people’s business.” He continues to tell you to leave or he will call his lawyer. You acknowledge his comments and respond to his actions (explain how you do this). You continue to try to engage with dad acknowledging the amount of fear and worry he must have for his child’s health. You encourage him to call his lawyer even though at this time, you are assessing the report and have not made a determination about applying for a court order to ensure the child’s safety.
You ask to speak to dad in a meeting room with the hospital social worker present to try and get his account of what happened the night before. He stated that he did not want to take his spouse to her friends last night but did so anyway. He stated that they were both drinking and he recalls that his spouse went to sleep on a guest bed with their child and he continued to drink. Once most guests left the party, he decided to wake up his spouse and child and got them into the car. Both were very sleepy and he stated that he knew he wanted to get home even though it was late and he had been drinking too much. He stated that he decided to “let loose” with his drinking as he was just laid off from his job as an engineer for missing too many days of work due to his alcohol consumption. He has been drinking steadily over the past 11 months. He stated that he worked very hard to get a degree and a career, as he is a “lone wolf” in the family as no one ever supported him. He stated he has a long history of problematic substance use, and was incarcerated as a youth due to criminal activities where alcohol was a factor. He attended treatment as a youth and he described that he turned himself around with the help of people who believed in him when he did not believe in himself. Dad states that he is remorseful about what has happened and you acknowledge that you will need to do further follow up. Dad advises you that you don’t need to do any follow up and that he wants the name of your supervisor. You advise that for the time being the focus will be on the child’s health. He states that he is no longer speaking to you and that you can call his lawyer and he walks away.
Does dad’s response influence the s.16 coding of the report? Explain.
Do you need to gather any other information from other sources to assist with the assessment?
At this time, can you complete the SDM tools – Safety Assessment, consider a Safety Plan and start the Vulnerability Assessment?
Part Three:
You decide to remain at the hospital and attempt to speak with mom to gather more information about the family but before you approach mom, you speak further with the hospital social worker. You use your delegated authority to review the parents’ medical records.
Dad had one admission in 2016 to Emergency when he fell off a ladder when he was pruning a tree. He was treated for a mild concussion, three broken ribs and received 22 stitches on his upper thigh from where the pruner cut him when he fell. Dad was treated and released on the same day.
Mom’s medical records include four Emergency room visits:
2013 mom attended the hospital for an acute appendicitis, she was treated and discharged.
mom presented in emergency with a fractured upper arm and broken ribs. Mom described to medical staff that she fell down the stairs at the home. Medical staff queried mom’s explanation of the injuries, as the injuries were not consistent with her explanation.
Mom was treated and discharged and was offered support services with a Women’s serving agency.
mom presented in emergency with back spasms. Mom was requesting medication for back spasms that had been happening for the past two days. Medical professionals noted a number of bruises on her body to which she did not offer any further explanation. The hospital social worker made two attempts at interviewing mom to assess her safety as medical staff suspected her injuries were caused by an assault. Mom did not disclose that she had been violated or assaulted by anyone and left the hospital against medical advice. When medical staff asked about mom’s social history, she denied being in a relationship and that she had a child during this hospital visit.
2018 Mom presented in emergency with extreme flu-like symptoms. Medical tests included assessing for bacterial meningitis which was ruled out. Mom was kept overnight and received intravenous fluids and then discharged. Medical records indicated that staff noticed a healing burn mark on the palm of mom’s hand that resembled the shape of a stovetop element (coil shape), a healing bruise on her right cheek and many bruises in various sizes and degrees of healing on her arms and legs. Hospital staff attempted to assess her safety but she declined disclosing any information about how she acquired the injuries.
After you read the records, and as you are speaking with the hospital staff, your team leader calls to check in as several hours have passed by. You update your team leader about what has transpired with your initial contact with parents, medical staff and the information in the medical records. Your team leader informs you that two separate individuals have contacted the office to report what had occurred the night before at the party. Each person called on their own volition and reported similar accounts of the night; however, both individuals reported concerns for mom’s safety from dad due to his use of violence at times. One of the callers verified that dad has assaulted mom frequently and uses control tactics such as isolation from family and friends and financial control. One caller reported that at the party that dad became threatening to other men and got into a “heated verbal fight” outside at some point during the night. The callers also verified that when dad consumes alcohol, he frequently becomes violent with mom and that they are experiencing financial troubles due to dad’s lack of employment. They are aware that mom is fearful of anyone knowing about the violence, as she does not want dad to escalate or have her child taken away from her. Both mom and dad’s family members have tried to be supportive of the couple, but have been estranged for the past year due to the isolation. The callers both indicated that they will try and connect with family and have them call child welfare with their concerns and willingness to become involved with planning.
You and the team leader discuss possible approaches to take now with the family, explain what some of those approaches might be.
Part Four:
You decide to page the hospital social worker for further support to meet again with mom. The hospital social worker advises that the maternal grandparents just arrived and are speaking to the pediatrician and mom in the hallway. When appropriate, the hospital social worker invites mom and grandparents into a private space to meet. The maternal grandparents are demonstrating support to mom and are asking you good questions about the child welfare assessment process. They also indicate that they will do whatever is needed to support their daughter and grandson. They state that they have been worried for a long time about their daughter and grandson and care deeply for their son in law. They respectfully ask for privacy for the rest of the day and suggest they meet you tomorrow in the office. You agree to this appointment. Mom explains to you that she asked a nurse to call her parents who live about 2 hours away and asked them to come to the hospital. She also states that she has not spoken to her parents in about a year, as she is “prideful” and “did not want anyone in the family to know about what has been happening over the past year.” Before you end the meeting, you ask about where dad is, and the family note that they have not seen him and he is not at his son’s bedside.
Before you leave the hospital, you speak to the physician and nurse treating the child. Both indicate that the child will be in hospital for some time and will likely require brain surgery later in the day due to a small brain bleed. You ask the hospital social worker to keep you updated on the child’s progress and any concerns with the parents, and to contact child welfare in the event the parents attempt to take the child from the hospital against medical advice.
As you drive back to the office, you are critically assessing all of the information you have and you are considering your next steps, what might the next steps entail in the near future?
Have you determined if the child is in need of protection (the section 13 concerns have been verified)?
What else do you need to consider with your overall planning and interventions? Which policies will assist you in your decision-making?
Which SDM tools will help you to prepare for ongoing child protection services with the family?