Stakeholder Roles

• The Role of Public Defender
• A Judges Role
• The Role of Foster Care Licensor
• Investigating Child Abuse and Neglect in Facilities

The Role of the Public Defender

The role of the public defender is to represent the client.  As with an attorney/client relationship, the only requirement is that we do so within the bounds of the law.  It is not our job to determine the "best interest" of our client and argue for that independent of the "wishes" of our client.  Others within the system have the "best interest" responsibility.

 The attorney has essentially three roles; 1)  inform the client about their rights,  2)  discuss the case, including all the evidence and possible defenses and legal options, and, 3)  represent the client's desires in court.  While it is the attorney's job to suggest legal alternatives and strategies, it is not the job of the attorney to take over the case.  Whether the client pleads guilty or not guilty to the allegations, or testifies or remains silent at trial is entirely within the the discretion of the client and the attorney may not override that decision, even when the attorney believes it is in the client's "best interest" to do otherwise.  The attorney may decide the legal arguments used in the case.

A Judge's Role in Abuse and Neglect Proceedings
Hon. Susan R. Miles

             Most people think of the judge as the person who makes the final decision in a juvenile protection case.  Judges serve that function, but they have a number of other equally important jobs.  First, they are guardians of every party's rights.  Among other things, that means that the judge must make sure that all parties understand their rights, and if they don't, then the judge will explain their rights.  In addition, judges attempt to make sure that no party's rights are violated.  For example, judges verify that absent parties have received adequate notice of hearings.  Also, parties who are present are given the opportunity, if they wish, to be represented by a lawyer.

            Second, judges are case managers.  Once a petition is filed in juvenile court, it becomes the judge's responsibility to see that dates for future hearings and deadlines are set and met.  If for some reason a party requests a continuance, the judge decides whether or not to grant that request based upon the juvenile court rules and the age of the case.  If a case goes to trial, the judge must decide how and when to schedule the trial and when individual witnesses should come to court.  Before a case goes to trial, the judge may decide whether the parties should attempt to mediate or settle.

            Third, judges must maintain control over the proceedings.  A judge must decide who is a party and make sure that everyone complies with the rules of juvenile court.  Those rules govern everything from the admissibility of evidence to the amount of time the judge can take to issue his or her written order.  The judge also has to oversee the lawyers to ensure that they and their clients submit documents when they are on time.  Every party who has a right to be heard must be given a fair chance to present their case, and only the judge is responsible for making sure that this right is fulfilled.

The Role of the Foster Care Licensor

In our foster care manual we have a list of things that are defined as the “role of the licensing worker.” This includes such things as:

• Attends Placement Team and receives Placement Requests

• Reviews placement options and matches child’s needs with foster homes

• Discusses child with potential foster parent and notifies social worker if interested.

• Maintains contact with foster parents and attends placement plan meeting.

• Deals with issues/concerns as the placement continues.

• Evaluates the placement with the foster provider after child leaves.

Though all the above responsibilities are very important in making a placement work, perhaps the most important role we as licensors must take is not mentioned above. That is the role of advocate for the foster family.

For the past 18 years I have had this foster care caseload. Initially, there was not a clear definition of my role. As the caseload grew and our foster care staff became more defined, we worked hard to develop a clear sense of our role. We all agreed on, and have worked hard to maintain our role as advocates. This can be difficult at times, since we often find ourselves in a position between needs, concerns and issues of the provider and those of the placing social worker. We may need to explain the rules of the agency to the providers and the needs and expectations of the providers to the placing social workers. Over the years I have seen the agency become more accepting of our position, and be able to see that supporting the foster family as much as we can helps us retain them as resources for future placements.

Another role that can be difficult is the role of investigating complaints. Each licensor will usually investigate their own homes when complaints come in. This puts us in a dual role, and can be confusing for providers and us alike. It’s hard to be the support person one day, and the investigator the next. This duality points to the need for us to have very clear boundaries with our providers and not overstep our relationship. Becoming personal friends, for instance, and then having to bring a negative action against a foster home would be difficult.

Though we struggle with some of the requirements of this job, we also get the benefit of working with some of the greatest people we could ever hope to meet. It is constantly amazing and overwhelming to see the dedication and effort that foster parents put into their work. Bless you all.

Kris Harvieux, LICSW, Senior Social Worker, Washington County

Investigating Child Abuse or Neglect in Facilities

Social services has received a report alleging child abuse or neglect in a facility.  You are receiving this brochure because you are either the person who reported the maltreatment, the person accused of the maltreatment, the facility director, or someone who may have information about the report.  State law requires that social services conduct an investigation with local law enforcement to find out if a child has been abused or neglected and if child protective services are needed.  This brochure explains the process social services follows in making a determination.

1.   Coordinate the investigation

Social services works with local law enforcement officials to find out if children have been maltreated, if the harm was caused by something the facility staff did or failed to do, and if children are in need of protective services.

Social services notifies the parents and the agency that placed the alleged victims in the facility before social services interviews the children. Social services may notify parents of children who are in the facility but who are not the alleged victims.

Social services also coordinates the investigation with the ombudsman for mental health and mental retardation if the report is about a residential treatment facility for mental health, mental retardation, chemical dependency or emotional disturbance.

Four types of agencies investigate allegations of abuse or neglect:

• County social service agencies conduct child protective services investigations of family foster care, family day care and facilities licensed by the Minnesota Department of Corrections.

• The Minnesota Department of Human Services conducts investigations in facilities such as day care centers, group homes and residential treatment centers licensed by the department.

• The Minnesota Department of Education conducts investigations in schools.

• The Minnesota Department of Health conducts investigations in hospitals.

If a report involves issues other than child abuse or neglect, social services forwards the information to the appropriate agency for possible investigation of licensing violations.

2. Tell the people involved about receiving the report

Prior to conducting interviews, social services will notify the parents of the alleged victims that a report was received against a particular facility. Social services will explain the alleged abuse or neglect and the protective action being taken.

3. Collect information to determine if children have been abused or neglected and if child protective services are needed

Social services may interview:

• other children who are or have been in the facility

• children related to the alleged offender

• children who live with or have lived with the alleged offender

• health professionals

• parents, guardians, or legal custodians of children who are or have been in the facility who may know of the abuse or neglect.

Social services will interview:

• alleged child victims in the facility

• alleged offender

• staff members who may know of the abuse or neglect

• facility supervisors and directors.

People who are interviewed are told verbally and in writing:

• why social services is requesting the information

• how social services will use the information

• that they may refuse to answer the questions

• what will happen if they do or do not answer the questions

• what rights they have to information agencies have collected

• what rights they have to contest the accuracy and completeness of the records

• which agencies have access to the information.

Social services will collect information on:

• prior reports of abuse or neglect

• the children’s age, developmental abilities and gender

• the people who reported the abuse or neglect, their relationship to the children and the person accused of abuse or neglect, and how they know about the alleged abuse or neglect

• the alleged offender, including age, prior reports of abuse or neglect, and criminal charges and convictions

• other facts that will help determine if children have been maltreated.  

Social services may require:

• medical records of the children

• medical examinations of the children

• documentation provided by the person accused of abuse or neglect

• other facts that will help determine if the children have been maltreated.

Social services must tape record all interviews when possible. When the report involves sexual abuse, social services must videotape interviews with the alleged victims and child witnesses when possible.  Social services will complete the investigation within 90 days of the report.

4. Tell the people involved what social services found

Within 10 days of completing the assessment, social services will send letters telling the children’s parents or guardians, and if applicable, the facility director:

• whether or not the children have been abused or neglected

• if child protective services are needed

• specific reasons for the finding

• that social services followed the law in collecting the information

• rights to information about themselves in the report

• rights to reconsideration and appeal

• length of time the record will be kept.

Social services must also notify:

• the person accused of abuse or neglect, the parents of children in the facility, and the agency that placed the child, in cases where social services determined abuse or neglect occurred

• n          parents and the agency that placed the child who were contacted prior to conducting interviews, in cases where social services determined abuse or neglect did not occur, along with the responsible licensing agencies, and, when applicable, the ombudsman’s office.

Social services tells them:

• whether or not children have been maltreated

• specific reasons for the finding

• that social services followed the law in collecting the information

• their rights to information

• their rights to reconsideration and appeal.

5. Provide services

After the investigation, social services provides for the safety of the children within the facility if abuse or neglect occurred or if child protective services are needed. County agency staff and licensing staff intervene if negative licensing actions are required.

Social services tells the mandated reporter the results of the investigation, unless it would not be in the children’s best interests.

For more details on the child protective investigation process, see Minnesota Statutes, section 626.556 and Minnesota Rules, parts 9560.0210 - 9560.0234.

For more information, contact your local county social services office.
Minnesota Department of Human Services
Family and Children’s Services Division
444 Lafayette Road North, St. Paul, MN 55155-3830
www.dhs.state.mn.us/childint