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Lesson Seven: (Continued)
Administrative Hearing. If a child is abused or
neglected in a child day care facility, or a foster home or other
residential placement, a proceeding may be brought to revoke the
facility’s license, and/or to exclude a perpetrator from employment
in such a facility. If the case goes to hearing, an administrative law
judge presides. The legal standards and rules of evidence are similar
to the dependent case rather than the criminal case, since the emphasis
is on the health, welfare and safety of children.
A similar proceeding can result from maltreatment by a schoolteacher or
other licensed or certified professional. The same maltreatment may result
in both an administrative proceeding and a dependency case. Rarely, all
three types of cases may arise from the same incident.
Summary
The primary purpose of the report is to make child protective agencies
aware of possible abuse. When receiving a report about suspected child
abuse or neglect, the social worker or law enforcement officer on duty
will speak to the person making the report in order to obtain information
about the child. No two reports are handled in exactly the same way.
Decisions by all the people involved are based on each child’s
situation.
What the response will be and how quickly it will be made depends on the
seriousness of the events reported and the situation the child faces.
Where it appears that the child is in danger, the response will be immediate.
Where there is less risk involved, it may be three to ten days before action
is taken. An in-person response may not be made when the county social
services department, based upon an assessment, determines that one is not
appropriate.
Most reports of child abuse do not result in children being removed from
their families. The first goal is to enable the child to remain safely in
his or her own home. If this is not possible, the social worker must protect
the child’s safety by placing him or her in foster care. Suspected
abuse or neglect in a child day care facility, or foster home or other
residential facility, is referred to the appropriate community care
licensing office or to county licensing, which investigates separately
or in conjunction with the other investigating agencies. In California,
more than one type of prosecution may result from a report of child
abuse or neglect.
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