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RISK ASSESSMENT IMPLEMENTATION AND LEGAL LIABILITY IN CPS (CHILD PROTECTIVE SERVICES) PRACTICE

NCJ Number
142867
Journal
Law and Policy Volume: 14 Issue: 2 and 3 Dated: special issue (April/July 1992) Pages: 185-208
Author(s)
C A Nohejl; H J Doueck; M Levine
Date Published
1992
Length
24 pages
Annotation
The development of structured risk-assessment models for use by child protective services workers is a relatively recent phenomenon; this article explores some of the legal issues inherent in the implementation of such models.
Abstract
Structured risk assessment can be defined as "formalized methods that provide a uniform structure and criteria for determining risk" (Keller, Cicchinelli, and Gardner, 1988). Because of the several immunities granted to child protection workers, in recognition of the difficulties of their jobs, the use of a structured risk assessment model should have little bearing on liability for damages to individuals; however, wholesale misuses and widespread negligent use of the risk assessment system could constitute evidence in an institutional reform suit against a department. In the interest of efficiency and effectiveness, if not liability avoidance, child protection agencies should adopt measures to minimize the risk of systematic misuse or widespread negligent use of a risk assessment system. One measure is to make appropriate changes in organizational policies and operating procedures, such that the focus is on child maltreatment prevention. Also, ongoing supervision of risk assessment implementation and subsequent use is required to ensure that the model is being used consistently across cases and workers. Other measures that should be used are worker training in the use of the risk assessment system and the adoption of a risk assessment instrument that has been empirically proven to be effective. 8 notes and 29 references