"The number of reported cases of child abuse and/or neglect is down by five percent," Wayne Black, director of Surry County Social Services said. "We only have 37 children in DSS custody right now which is down from the same time last year."
Black also said that while the number of child abuse and neglect cases is down, the number of families seeking help is up considerably. And although the loss of jobs, health care, and poor economic surroundings usually contribute to more abuse, these families have also been utilizing programs that give them support through tough times.
"A child who is being, or has been harmed physically, sexually, or verbally or one who has been neglected in medical needs, nutrition, and cleanliness are all children at risk for both their health and their future," Black said.
The Department of Social Services Child Protection Services strives to help families when they find themselves in a potentially dangerous situation with the care and treatment of children, said Black
Some families need guidance and parenting classes, while others who are considered high-risk may need more intensive action. In the worst case scenarios, children who are being abused either physically or sexually are removed from the home and placed in foster care.
When a child has been removed
"Foster care can either be a state run facility or a pre-approved foster home with a family who has participated in training classes to enable them to care for a foster child," he said. "In some cases, children are placed with a family member of the child who is willing to take on the care and abide by the rules of involvement with the Department of Social Services.
"For a family to become a licensed foster care home, they have to attend once a week classes over a 10-week period where they participate in the MAPP (Model Approaches to Partnerships and Parenting), program and also have home visits and environmental inspections of their home. We are looking for a responsible, caring environment for a child to stay in while they are removed from the care of their parent and/or caretaker.
"Residents of the county who have asked for help with food, medical care, heating bills and other essentials have increased in number significantly," he said. "Food stamp recipients are up by 14.5 percent, Medicaid requests are up by nine percent and the people who participated in the USDA surplus food distribution was up in number by 14.3 percent this past month.
According to Black, the increase in request is because of lost jobs, lost medical insurance and other economic changes in their lives. The frustrations and pressures that result from the downturn in people's lives can lead to more child abuse.
"We try to support families through these times with programs to not only help supplement food, health care and energy costs, but with programs within the schools, community centers and through civic organizations such as Boy Scouts, 4-H and other programs that children can become involved in."
Surry County also has a Homeless Prevention, and Rapid Rehousing program funded by a three-year grant that was in the stimulus package, that helps people stay in their rental homes, and helps people that have become homeless.
"This program helps us to help more families," Black said. "It gives us an additional resource when a family is faced with adversity, Black said. "Anything that we can do to help alleviate the stress and pressure on families cuts the risk of child abuse and neglect."
In 2009, Surry County had 885 reports of child abuse and/or neglect. The Department of Social Services Child Protective Services (CPS), evaluated 450 of these cases.
"State law requires anybody who believes that a child has been abused or neglected to make a report to (CPS) program of the North Carolina Department of Family and Protective Services (DFPS) or to a law enforcement agency," Black said. "The law requires CPS to investigate reports of child abuse or neglect for the primary purpose of protecting children.
"The CPS program receives, investigates, or assesses reports of child abuse and neglect by parents, family, or household members. CPS offers services after investigations if: children are not immediately safe from abuse or neglect; or a reasonable likelihood exists that children will be abused or neglected in the foreseeable future, and families have demonstrated that they cannot control factors placing children at risk of abuse or neglect."
If needed, services are offered to parents to help them solve their problems and learn how to care for and discipline their children in ways that do not harm them or place them at risk of abuse or neglect. These services may include counseling, day care, homemaker, evaluation and treatment, and parenting training.
The investigation process
When investigating a report, a caseworker may talk to and visually examine the child reported to have been abused or neglected.
The talk with the child must be audiotaped or videotaped. The interview may be conducted at any reasonable time and place, including at school. The caseworker may transport the child for purposes relating to the interview or examination and must notify the child’s parent of the transportation.
"A caseworker will make a reasonable effort to notify the parent or caretaker of any interviews and the nature of the allegations within 24 hours after an interview has taken place; discuss the report with you to gain an explanation about the harm or risk of abuse or neglect to the child," he said. "You can ask to see the caseworker’s DFPS identification card. The caseworker will then tell you how he or she can be contacted during the investigation. It is illegal for the caseworker to tell you who made the report, or whose life or safety may be endangered by their being identified.
"As necessary, the caseworker may also: obtain criminal history information about people alleged to have abused or neglected the child; interview and visually examine all children in the home; interview any other person alleged to have abused or neglected the child; interview anyone with information about the situation, including those who can verify explanations of the harm to the child; ask for access to mental health records on the child, parent, or people alleged to have abused or neglected the child; ask for a medical, psychological, or psychiatric examination of the child if it is necessary to establish whether abuse or neglect has occurred or if risk of abuse or neglect exists; and visit the child’s home," according to Black.
The caseworker is authorized by law to complete the investigation. However, if necessary, CPS has the authority to ask a court for an order giving the caseworker permission to talk to or examine the children, visit the home, or receive health records.
The guidelines for caseworkers states that an investigation is to usually be completed within 30 days. As a result of the investigation, the caseworker will decide if: abuse or neglect occurred; and the child is at risk of abuse or neglect. If it has been determined that the child is at risk of abuse or neglect, the caseworker will decide if: immediate safety services are needed; and ongoing treatment services are needed to reduce the risk of abuse or neglect.
The caseworker will get approval regarding these decisions from his or her supervisor and then will inform you about them.
Children are at risk of abuse or neglect when there is a reasonable likelihood that they will be abused or neglected, as defined by the North Carolina Family Code, in the foreseeable future.
Removal of children during an investigation
CPS guidelines state that the agency believes that children should not be removed from their homes except to protect them from abuse or neglect and when there are no reasonable efforts CPS can make to provide for the children’s safety and prevent their removal. CPS is allowed by law to remove children for abuse and neglect or for being at risk of abuse or neglect only after a court order or when there is no time consistent with the health and safety of the child to obtain a court order and the person taking possession of the child has sufficient knowledge or reason to believe: there is an immediate danger to the physical health or safety of the child; the child has been the victim of sexual abuse; the person with possession of the child is currently using a controlled substance and the use constitutes an immediate danger to the physical health or safety of the child; or the person with possession of the child has permitted the child to remain on premises used for the manufacture of methamphetamines.
"We don't take children," Black said. "If the situation presents itself where the child's life in is danger if we do not remove them right now, we place the child in DSS custody. This could mean either a foster home or with a family member who has been assessed to be able to care for the child in a safe and protective manner."
If the child is removed from the parents or caretakers care without a court order, the court will schedule a hearing for the next working day. When children are removed, the parents will be asked to complete a Child Placement Resources Form in order to provide the names of three people who could care for their child while the parents participate in services. An initial hearing will take place within seven days and subsequent hearings will take place during DSS's custody of the child.
"Even if the child is placed in the care of a family member, the child is still in DSS custody until a judge orders that either the child can be returned to the parent(s) or removes them from the parent(s) custody," he said.
"We think we do a good job of providing support and help to families in Surry County and the same is helping to reduce the number of child abuse cases in the county," Black said. "The system we have in place with schools, teachers, doctors and lawyers has expanded through a Court Improvement Project coordinated by Judge Neaves. We share information and resources that can help all those who come in contact with a child who may be at risk of abuse and/or neglect be present in preventing the abuse and neglect. The program is with Surry and Stokes counties and we are confident it will enable us to help our residents further."
Black said that Surry's in-house custody numbers are way lower than those of Wilkes, which he believed to be approximately 160, and those of Stokes, which is 54.
Poverty and the community influence
"Although Surry County's unemployment rate is over 12 percent and the poverty rate is much higher, I don't believe the child abuse/neglect cases are determined only by poverty," he said. "If that was the case the numbers would be much higher. Poverty alone is not the only reason for child abuse and neglect. Drug and alcohol abuse are a large part of child abuse cases. Parents who abuse drugs and alcohol may not be taking care of their children while under the influence and allowing the children to be in dangerous and neglectful situations.
"It takes a community to raise a child and people in the child's life need to work to keep the kids involved in constructive activities," he said. "The family assessment response is designed to support families; workers engage with family members to assess their needs and identify services to help them meet those needs. Workers and family members also identify and incorporate families’ strengths and resiliency, social support, and motivation to change. The intention of the family assessment track is to better serve families by engaging them proactively in services to help meet their needs, rather than focusing on whether or not maltreatment occurred and then assessing needs."
A family's rights
If a family is faced with a DSS investigation and they disagree with the report of the abuse or the findings of the investigation they have the right to consult with a lawyer at any point in the investigation at their own expense. If CPS files a lawsuit requesting Temporary Managing Conservatorhip, and the family in the case disagrees, the Court will determine if you are financially able to hire your own attorney, or whether to appoint one to represent you. In some communities legal aid may be available, and you can contact the local bar association or call Lawyer Referral Service or the North Carolina State Bar. CPS staff are prohibited by law from giving legal advice.
The law requires CPS to keep the report and investigation confidential from the public, information is given only to the people who were investigated, the victim’s parents, law enforcement officials, courts, and county or district attorneys. CPS will share information with providers and others as necessary for services to be provided. For example, a therapist will need to know details of the abuse and neglect in order to provide counseling. Relatives or other individuals with whom a child is placed will be given any information the department considers necessary to ensure that the relative or other individual is prepared to meet the needs of the child. This may include information related to any abuse or neglect suffered by the child.
A report may be obtained at the requesters expense, with the investigation information concerning them unless: releasing the information would jeopardize an ongoing criminal investigation or the child’s safety; or court proceedings are pending and the attorney representing CPS has determined that CPS cannot give the information to you.
The law requires CPS to notify law enforcement agencies of all reports of alleged abuse or neglect. The law enforcement agency determines, separate from CPS, whether to conduct a criminal investigation and whether a criminal violation occurred. Contact the local law enforcement agency for questions about a criminal investigation or if there is a belief a false report has been made.
If a person disagrees with the conduct or findings of the CPS investigation, it is recommended that they speak to the caseworker. The agency suggests that an open discussion may settle the matter. If your concerns cannot be resolved with the caseworker, then the concerns should be discussed with the supervisor. The person whom CPS believes to be responsible for the abuse or neglect has the right to request an administrative review of the investigation findings, unless a court has upheld the findings. You can ask the caseworker or the supervisor for a form on which to request such a review. If court proceedings are pending, CPS postpones the review until the court proceedings have been completed. The person who is alleged but is not found to have committed abuse or neglect has the right to request that information concerning his or her alleged role in the case be removed from the investigation case information. You can ask the caseworker or supervisor for a form on which to request role removal.
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