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Child-Maltreatment-Research-L (CMRL) List Serve

Database of Past CMRL Messages

Welcome to the database of past Child-Maltreatment-Research-L (CMRL) list serve messages. The table below contains all past CMRL messages (text only, no attachments) from Nov. 20, 1996 - March 6, 2018 and is updated quarterly.

Instructions: Postings are listed for browsing with the newest messages first. Click on the linked ID number to see a message. You can search the author, subject, message ID, and message content fields by entering your criteria into this search box:

Message ID: 8269
Date: 2009-09-18

Author:dfmcmahon1msn.com

Subject:Re: indicated reports vs unfounded reports

ND legislature is studying a possible ombudsman program for consumers of

child welfare services, and testimony during committee hearing today

included an account of a case in which the substantiation was appealed and

overturned in administrative law proceeding within a few months of removal

and substantiation, but since appeals do not interfere in any way with

petition and related juvenile court proceedings child remained in custody

for a total of 4 years, eventually aging out (meanwhile, civil litigation

against the petitioning/custodial agency has proceeded). However, I do not

believe ND system would allow bypassing the investigation and substantiation

aspect altogether, and furthermore I would expect that this would create

problems in terms of federal requirements (e.g. CFS Review).



Sheri McMahon



--------------------------------------------------

From: "John Poertner"

Sent: Wednesday, September 16, 2009 3:44 PM

To: "Child Maltreatment Researchers"



Subject: Re: indicated reports vs unfounded reports



> The state context can not be underestimated. In Kansas only 4% of reports

> are substantiated. This is fairly meaningless. You don't need a

> substantiated case of abuse or neglect to file a petition to have a judge

> find that a child is a "Child in Need of Care." The definition of Child

> in Need of Care is broad enough to include almost anyone. So rather than

> complete an investigation and substantiate a report it is easier to not

> substantiate and file a petition.

>

> John Poertner

>

>







ND legislature is studying a possible ombudsman program for consumers of

child welfare services, and testimony during committee hearing today

included an account of a case in which the substantiation was appealed and

overturned in administrative law proceeding within a few months of removal

and substantiation, but since appeals do not interfere in any way with

petition and related juvenile court proceedings child remained in custody

for a total of 4 years, eventually aging out (meanwhile, civil litigation

against the petitioning/custodial agency has proceeded). However, I do not

believe ND system would allow bypassing the investigation and substantiation

aspect altogether, and furthermore I would expect that this would create

problems in terms of federal requirements (e.g. CFS Review).



Sheri McMahon



--------------------------------------------------

From: "John Poertner"

Sent: Wednesday, September 16, 2009 3:44 PM

To: "Child Maltreatment Researchers"



Subject: Re: indicated reports vs unfounded reports



> The state context can not be underestimated. In Kansas only 4% of reports

> are substantiated. This is fairly meaningless. You don't need a

> substantiated case of abuse or neglect to file a petition to have a judge

> find that a child is a "Child in Need of Care." The definition of Child

> in Need of Care is broad enough to include almost anyone. So rather than

> complete an investigation and substantiate a report it is easier to not

> substantiate and file a petition.

>

> John Poertner

>

>