sECTION 6:
Immediate Danger & Protective Factor
Present danger & BEING A PROTECTIVE FACTOR
Safety Threats vs. Immediate danger
There is a distinction between child safety threats that can be managed within the home and immediate danger. In this section we talk about immediate danger. As explained in the CPS investigations section, child safety threats are issues that CPS can address with services in the home. Safety threats that can be managed within the home are issues that can be gradually addressed with a safety plan. See Section 7 and 10 for safety assessment and plan. In contrast, immediate danger is an urgent situation, and its handled differently. If these immediate safety threats are not addressed CPS/DCYF may consider removing your child.
The primary Legal Objective for CPS/DCYF Should be keeping families together
The primary goal is to keep families together, and there’s a procedure CPS/DCYF must follow if they believe a child is in immediate or present danger. However, if the plan resulting from that procedure isn’t effectively followed, DCYF/CPS may involve law enforcement to remove the child(ren) promptly. This is because seeking court-ordered removal takes more time, and the focus is on safeguarding the child urgently.
Present/Immediate Danger
It’s important to understand that CPS constantly evaluates present danger and actively looks for immediate dangers throughout the entirety of a case.
DCYF Policy 1110 plays a crucial role in resolving this issue, and it seems underutilized. With the new House Bill 1227, “Keeping Families Together Act,” there’s hope for increased utilization of this policy (for further discussion on this House Bill see Section 7) . DCYF Policy 1110 allows CPS workers to address immediate danger by creating a safety plan that parents can follow and sign. This plan might involve temporarily placing the child with a relative or offering concrete goods to mitigate the immediate danger (See Section 5 for Definition of concrete goods). The CPS worker may implement this plan for a brief period until the parent can address the immediate danger.
Keep in mind DCYF is ALWAYS assessing for present danger no matter where you are at in your case. Present danger refers to immediate peril. Under DCYF Policy 1110, social workers continuously evaluate whether there is any immediate danger to your child, regardless of whether they created a safety plan or you are participating in the FAR (Family Assessment Response) Program. (See section 8 for more information).
This ongoing assessment specifically focuses on immediate dangers. If immediate danger is recognized, the social worker is SUPPOSED to create a protective action plan that you must sign. Commonly, social workers will skip this and go straight to petition the court for removal of your child. This is why you must advocate for yourself. If you hear a social worker state that there are immediate dangers in your home (either to you or in a meeting) then you should ask them for a protective action plan first. The next course of action before petitioning the court for removal is a voluntary placement agreement. (See section 14 for more information).
If the social worker creates a protective action plan please review it carefully, as it outlines the harm to your child, as perceived by the social worker and the steps you can take to address it. Remember to request a copy of this plan. If the social worker believes you are not following the plan you signed, they may initiate the process to remove your child from your care.
What are the steps involved in making a protective action plan?
DCYF Policy 1110 requires a DCYF social worker to do a present danger assessment and a protective action plan. DCYF is to follow the present danger guide and the protective action guide. This tells them what they need to do in these situations and what they need to offer you and your family. This protective action plan is a plan that is written agreement between a family and DCYF that identifies how present danger to a child will be controlled and managed through immediate and short-term actions.
The present danger guide assists DCYF in determining what a present danger is. Familiarize yourself with this guide so you are aware of what they are looking for.
The protective action guide is different than the present danger guide. It outlines how DCYF can address present danger threats by providing various family resources and supports.
What is CPS/DCYF supposed to offer to prevent removal?
DCYF is supposed to offer:
- Family resources and supports capable of carrying out protective actions (i.e. child care or arranging temporary accommodations away from a domestic violence perpetrator, job placement and employment training, mental health services for family members in distress, substance abuse treatment programs, parenting classes and support groups, financial assistance for basic needs like food and clothing, educational resources to improve parenting skills, respite care for overwhelmed parents, home visitation programs for families, meditation services for resolving conflicts, emergency response plans for crises, crises hotlines for immediate assistance, access to healthcare services, child advocacy organizations, youth mentoring programs, legal aid services for family-related issues/parenting plan, etc.
- Leveraging any available resources within the family network (i.e., relatives, friends, your kids friend’s parents, neighbors who can assist with food, clothing, child care for your child even if this is out o state. Extended family members (i.e., grandparents, aunts, uncles) who can provide temporary care, close friends who can offer emotional support and assistance in times of need, neighbors willing to help supervise or provide shelter during emergencies, community organizations that offer after-school programs or mentoring, parenting networks and support groups int he local community, religious or faith-based organizations that can provide assistance and guidance, local childcare centers or services for child supervision, social workers who can provide guidance and resources, school counselors who can support children and families, youth programs and clubs that offer positive influences, youth mentors and coaches who provide guidance and support, parent teacher associations (PTA) and school resources, etc.
- Addressing immediate and tangible needs that contribute to the present danger, such as food, housing and supervision for children (this is also known as concrete funds-See section 11 for concrete goods).
- Implementing protective custody measures (i.e., including parenting plans, guardianships, guardianships with out of state relatives or friends, legal advocacy and support for obtaining protection orders, etc.
- Placing the child with an unlicensed caregiver, such as when the child resides with a relative or friend.
- Placing the child with a licensed caregiver.
Protective Factors
Protective factors are essential conditions or attributes within parents, caregivers, families, and communities that contribute to the health and well-being of children and families. These factors act as buffers, helping to shield families from the risks that can lead to child abuse and neglect. In situations where a social worker identifies immediate danger within the home (circumstances where the parent or family cannot currently keep the child safe) protective factors play a crucial role. If protective factors are present, they can alleviate the problem, demonstrating that the situation is not an immediate danger but rather a safety threat that can be managed by the family. By highlighting these protective factors, parents can show that they have the capacity to address the safety threat effectively.
Identifying Protective factors
So what are protective factors? In essence, they create a safety net that supports families in times of need and promotes overall resilience. The importance of protective factors lies in their ability to strengthen families, enabling them to cope with difficulties and maintain positive, healthy relationships. These factors are not just about preventing harm; they also focus on building and enhancing the inherent strengths within families. By emphasizing these strengths, protective factors help families to not only survive but thrive, fostering a cycle of well-being that can have lasting effects across generations.
There are various approaches to identifying and promoting protective factors, each highlighting different aspects of what makes a family strong and resilient. The Children’s Bureau has developed a comprehensive framework that includes six key protective factors. These factors are used by community-based service providers to recognize and cultivate the strengths within families. By doing so, these providers can offer targeted support and resources that further develop these strengths, ultimately preventing child abuse and neglect.
6 protective factors
- Parental Resilience: The ability of parents to cope with and bounce back from all types of challenges, fostering a sense of confidence and self-efficacy. Example: A single mother who loses her job uses her support network and problem-solving skills to find a new job and keep her family stable, rather than falling into despair.
- Social Connections: Positive relationships that provide emotional, informational, and spiritual support, helping parents feel less isolated and more supported. Example: A father regularly attends a local parent group where he can share experiences, get advice, and feel supported, reducing feelings of isolation.
- Knowledge of Parenting and Child Development: Understanding child development and effective parenting strategies, which enables parents to set realistic expectations and provide appropriate care. Example: Parents take a parenting class and learn that toddlers often throw tantrums as a way to express frustration. Instead of reacting harshly, they learn techniques to calmly guide their child through these episodes.
- Concrete support in times of need: Access to essential services and support during times of crisis, which helps to prevent stress from escalating into harmful situations. Example: When a family faces eviction, they connect with a local housing agency that helps them find temporary shelter and eventually secure a stable home.
- Children’s social and emotional competence: The development of children’s ability to interact positively with others, self-regulate, and effectively communicate their feelings. Example: By getting your child into a child care center can provide activities that teach children how to share, take turns, and talk about their feelings, which helps them form healthy relationships with peers.
- Nurturing and attachment: A strong, positive emotional bond between parents and children, which provides a foundation for lifelong health, development, and well-being. Example: A mother spends time each night reading to her child and discussing their day. This routine strengthens their bond and makes the child feel loved and secure.
These protective factors are crucial in creating a supportive environment where children can grow up safe, healthy, and ready to succeed. By focusing on these areas, community-based service providers can play a pivotal role in preventing child abuse and ensuring that families have the resources and support they need to thrive.
Examples of community based services/providers:
Parenting Classes and Workshops: Educating parents on child development, positive discipline, and effective parenting strategies.
Support Groups: Facilitating peer support groups for parents, caregivers, fathers and families facing similar challenges.
Counseling and Mental Health Services: Offering individual, family and group counseling to address emotional and mental health needs.
Crisis Intervention Services: Providing immediate assistance for families in crisis, such as those facing parenting overwhelm, domestic violence, homelessness, or substance abuse issues. (Vanessa Bhan, YWCA, UGM, Isabella House, Rising Strong, Adept, SPARC, etc.)
Home Visting Programs: Sending trained professionals to work directly with families in their homes, offering guidance on parenting and child development.
Childcare and Early Education Programs: Offering affordable or free childcare services, preschool, and early education programs that focus on child development and social skills.
Resources and Referral Services: Connecting families with community resources such as food banks, housing assistance, healthcare services, a legal aid.
Job Training and Employment Assistance: Providing job training programs, resume workshops, and emergency financial assistance for rent, utilities, or other basic needs.
Financial Assistance and Budgeting Support: Offering financial counseling, budgeting workshops, and emergency financial assistance for rent, utilities, or other basic needs.
Health and Nutrition Services: Providing access to healthcare services, nutrition education, and assistance with enrolling in health insurance programs.
Parent-Child Interaction Therapy (PCIT): Offering specialized therapy that improves the quality of the parent-child relationship and teaches effective parenting techniques.
Youth and Teen Programs: Running after-school programs, mentoring, and leadership development activities for children and teenagers.
Legal Assistance and Advocacy: Providing legal aid for issues such as custody disputes, housing rights, and navigating the child welfare system.
Cultural and Language Services: Providing translation services, cultural competency training, and resources tailored to the needs of diverse communities.
Take away
It’s crucial to be aware of DCYF/CPS’s obligations to you. There may be instances where they skip certain steps, leading to a petition for the removal of your child being filed with the court. However, if you keep track of their actions and point out anything they failed to offer you, or if you suggest a “protective action plan” as an alternative to removal, it shows that you are informed about the process.
One of the most important things you can do is to understand and review what the social worker is assessing when they consider immediate danger. Be sure to familiarize yourself with the “present danger guide.” Additionally, it’s essential to know what a “protective action plan” entails, as you may be asked to sign one. Always make sure to obtain a copy of any document you sign. If they do not provide you with a copy, take photos of all the pages. This is important because they will hold you to the terms of the plan. If you complete the plan or follow it diligently, having documentation is crucial in case they later claim you missed something or attempt to add new requirements without your agreement.
Understanding the six protective factors is also vital, as they can help you address any concerns DCYF/CPS may have regarding your child’s well-being. Being able to demonstrate that you are already implementing these protective factors, or that you know how to seek help when needed, can significantly alleviate their concerns and strengthen your position in keeping your child safely at home.
Links, Forms & Publications
Links
Here are the forms, policies and law used above:
DCYF Protective factors coloring sheet
Child Information Gateway Protective factors further explained:
- Parent Resilience Protective Factor Conversation Guide
- Social Connections
- Concrete support in times of need
- Children’s Social and emotional competence
- Knowledge of Parenting and child development
- Nurturing and attachment
As a side note, you may be wondering why the Child Welfare Information Gateway is a trusted website source for information. The purpose of this website is to provide information to ALL professionals and parents like yourselves. This means you are better able to understand the guidelines and parameters that social workers are supposed to follow. The Child Welfare Information Gateway states:
“It promotes safety, permanency, and well-being of children and families… by bringing information and resources to help them address the needs of children and families in their communities.”
The Child Welfare Information Gateway provides access to print and electronic publications, websites, and online databases covering a wide range of topics from prevention to permanency, including child welfare, child abuse and neglect, adoption, search and reunion, and much more. A national service of the Children’s Bureau, Administration for Children and Families, U.S. Department of Health and Human Services, Child Welfare Information Gateway consolidates and expands upon the services formerly provided by the National Adoption Information Clearinghouse (NAIC) and the National Clearinghouse on Child Abuse and Neglect Information (NCCANI). Again the more you understand what the responsibilities of DCYF are, the more you will understand your rights.
We discussed the differences between immediate danger and safety threats. Immediate danger means the child cannot be protected at all in that moment (refer to the present danger guide above). Safety threats are those things that are identified as a threat but are not immediate and the social worker can create a “Safety Plan,” that helps mitigate the safety threats. This will be discussed further in Section 12 on assessments. However, for a brief understanding of safety threats here is a DCYF publication called 17 Safety Threats.