Foster Parents Guide to Allegations and Investigations

SECTION IV

ALLEGATIONS
&
INVESTIGATIONS

Online Training "Safeguarding"
Foster Parents Society of Ontario

WHEN FOSTER FAMILIES ARE
BEING INVESTIGATED,
THEY ARE LIVING
UNDER A
MICROSCOPE”


Who is likely to make an
ALLEGATION?

 Allegation by child.
 Allegation by community
member.
 Allegation made by a
relative of the foster
family.
 Allegation made by the
bio-family of your foster
child.

Allegations are generally
investigated by the Intake
Social Worker using the
Standards for child
protection cases integrated
with the Risk Assessment
Model for Child Protection
in Ontario.


SOCIETY‟S INVESTIGATIVE PROCEDURE

 Worker informs Supervisor
 Worker completes Serious Occurrence
Report and the People Profile
 Supervisor reviews Serious Occurrence
Report
 Supervisor informs Director of Services


SOCIETY‟S INVESTIGATIVE PROCEDURE (CONT‟D)

 Serious Occurrence meeting is held
 Social Worker opens a Protection file
 If police are involved, criminal charges
may be laid
 Interview (Foster Parent Advocate)
 Outcome of investigation:
founded, unsubstantiated


THE INVESTIGATION
 Know your Society‟s policies and procedures for
investigating allegations of abuse;
 Follow the Society‟s guidelines;
 Should the Society not follow the guidelines, ask for a
written reason as to why the delay or change;
 Should there be any part of the policy or procedure
which you do not understand, ask for clarification;
 Do you have an Advocate/Communicator Program
available?


THE INVESTIGATION

 All children in the
home are interviewed
under the age of 18.
 Child is seen within
12 hours (severe
abuse) or seven days
(all others).
 Consultation with
Supervisor.


UNDER INVESTIGATION
WHAT DO I DO NOW ?

 Don‟t panic if you are innocent most
allegations are resolved quickly.
 Deny immediately if innocent; then don‟t
discuss without your legal counsel present.
 Obtain legal advice immediately. Don't
talk to "anyone!' about the particulars of your
situation prior to consulting with, or obtaining
the services of a lawyer. You can check with
your local foster family association to see if
they maintain a list of lawyers familiar with
child welfare law, or if they can recommend a
lawyer.


UNDER INVESTIGATION
WHAT DO I DO NOW ? (cont‟d)
 Obtain legal advice immediately (cont‟d).
 Police have the right to question you. Their interest is to try and
discover the truth.
 You have the right not to make any statements without a lawyer
present.
 Asking to have a lawyer present does not imply guilt. You have a
right to have a lawyer present regardless of your innocence or guilt
 If you are taken to the police station, ask to have a lawyer present
before you make any comments or statements.
 Police are not permitted to promise you special treatment or favours
in return for your statement; write down any promise of this kind if
one is made and advise your lawyer.
 Do not sign anything without a lawyer present.


UNDER INVESTIGATION

 Contact a foster parent association support worker
(Communicator)
 Do not make any statements to the Society. Explain to your
Society why you will not be making a statement.
 Do not contact the child
 Be prepared to be put under the microscope –both Defence
lawyer and Crown lawyer will do this.
 Review the records you received when the child was placed to see
if there have been similar allegations. Review your own records to
see if there is anything in them that can give you an idea of why
this might be happening. Has there been behaviour changes
recorded that might indicate abuse had been happening within
the foster family?


UNDER INVESTIGATION

 Begin a diary - leave out subjective
things, Keep a written record of all
telephone calls, visits, or meetings
that take place.
 Prepare for immediate rejection – by
the people around you and possibly
family.
 Prepare for frequent absences from
the home. (interviews, lawyers etc.)
 Accept that this allegation could take
years to be resolved.


OUTCOMES

 In an average year, there may
be 20 allegations of which less
than one may be substantiated
and/or founded.
 Unsubstantiated means
couldn‟t be proven.
 Founded means
established, found to be true.


OUTCOMES

 You could be found guilty and sentenced.
 Depending on the province/territory in which you
reside, your name may or may not be placed on a child
abuse registry or child welfare information
system, regardless of outcome. This is not a criminal
record, but the information could be used to deny you
foster care opportunities in the future. You should
request information from your lawyer about having your
name removed from a registry


OUTCOMES

 You may be committed to stand trial on a criminal charge.
You are innocent until proven guilty.
 Charges can be dropped. There can be an acquittal (not
guilty). The charges may be plea-bargained to a lesser
charge, or the charges can be unsubstantiated. This does
not necessarily mean you can foster again. You will need
to get a letter from your Society about your being able to
be a foster family again.


OUTCOMES
 The investigation may find no proof for the allegation and
the child, if removed, may be returned to your care.

 The child may not be returned. Although there has been
insufficient proof to proceed ahead with a criminal
charge, the foster family/Society may decide that it is in
everyone's best interests that the child be placed
elsewhere, e.g., his/her natural family, etc. It is also
possible that the Society will struggle with whether to use
you again. You will want to make sure you get a letter
outlining the disposition of the case, and a copy of
whatever will be placed in your file. Most Society s will
have appeal procedures that can be utilized. Make sure
you know these.


REACTIONS & FEELINGS
AFTER AN ALLEGATION

Substantiated abuse by spouse/partner
is especially hurtful.


AFTER AN ALLEGATION

Physically:
 Can‟t sleep
 Can‟t eat
 Can‟t concentrate
 Disinterest in sexual relationships


AFTER AN ALLEGATION
 Trauma - is rooted in the experience of being overwhelmed by a
sudden, unexpected and overwhelming life event. Many foster parents
express shock and disbelief at finding themselves under official
investigation without any warning.
 Betrayed by child & system - feeling betrayed when their prime
source of support, social worker, etc. is told not to talk to them. The
foster parent might feel embittered, isolated and betrayed
 Ashamed & embarrassed – being accused of child abuse is a
form of degradation. The accused face having their identity and
reputation recast in the eyes of the community. Foster parents often
report feelings of inadequacy, shame, and a general decline in
self-esteem and self-respect.


AFTER AN ALLEGATION

 Anger - from the feeling of implied guilt. Hostility can occur. Most foster
parents feel angry and defensive.
 Confusion
 Worried
 Paranoid
 Helpless - feeling of being out of control of one‟s life. Foster parent not
always given the opportunity to explain their side of the story. Often not
given information regarding the progress of the investigation.


Coping After an Allegation
After an allegation families can be left with a
number of issues that might need to be
addressed:
 Loss of natural children
 Reappraisal of fostering
 Impact on marital state
 Impact on the children in the home
 Shift in personal goals and responses
 High anxiety 4-6 weeks or longer


Coping After an Allegation
 Feeling of severe depression
 Loss of sense of self & self esteem
 Loss of employment, wages, pension plans etc.
 Financial burden (e.g. Having to re-mortgage, borrow $)
 Communication with Society
 Loss of credibility – community, employer, friends, peers and all
members of the foster family should recognize the need to attend to
the feelings generated when an allegation occurs. A support group for
foster parents who have gone through this process could be helpful.
After seeking legal advice on confidentiality, you should seek out
appropriate professional help as a family, so that the healing and
forgiveness can begin to take place. It may also help your financial
planning for the future if you consult an accountant.


Commit to children and you
commit to our future.

Please protect yourself and
your family

THIS BRINGS US TO THE END OF THE TRAINING SESSION

SAFEGUARDING – YOU & YOUR FAMILY.

The next few slides outline case studies. Questions on the case studies are
provided for you to reflect on. They are not part of the test.

Following the case studies you will find a link to register and complete
the test questions. Successful completion of the test is required in order to
obtain a certificate of completion. Registration provides us with your e-
mail address & name for the certificate.

Privacy:
Please note that any and all the information received will be treated as confidential
and used only for statistical purposes only. We will not divulge any names of
participants.


CASE STUDY

The O‟Neills


THE O’NEILLS
The O'Neill's have fostered for several years and have many foster
children. They are more interested in just “taking care of children” than
filling out forms, bothering their worker with phone calls, attending
training or keeping logs. They are an active couple. Mr. and Mrs. O‟Neill
are involved in their church one or two evenings a week and Mrs. O‟Neill
volunteers every Tuesday evening at the local Women‟s Shelter.
They have two girls, ages five and twelve, and a fourteen year old son
who often baby-sits when his parents are at church meetings. They are
currently fostering 12 year old Cindy who has been with them for four
months. She is young for her age and at the same time, somewhat
„street smart‟. She is very loyal to her mother and has told her such
things as when they went bowling, the clothes the O'Neills have
purchased for her, and the time the O'Neills‟ 12 year old was so upset she
was sent to her room. She has told her mother how the O'Neills have
disciplined her. Mr. O‟Neill takes Cindy to her supervised visits with her
mother as it is the same night that Mrs. O‟Neill volunteers at the Shelter.


THE O’NEILLS (Cont’d)

The O'Neills feel it is important to treat all children as “their
own” and are affectionate and physical with Cindy. They
believe that this approach helps her to feel she is part of
the family. Cindy likes the hugs offered and appears to
trust Mr. O‟Neill and is more animated with him. Several
times, Cindy has watched their five year old snuggle on her
dad‟s lap and she has plunked herself down on his lap
looking for the same affectionate hugs. She has started to
request that Mr. O‟Neill kiss her goodnight once she is
tucked into bed.

THINK ABOUT:
Question: What are the risk factors for an abuse allegation?

Question: What Safety Plan should be put in place?


THE HUSSONS
Mrs. Husson is very experienced. She was a Health Care Aid and she
operated a private day care prior to starting her own family. Mr. Husson
is a truck driver and is away from home Tuesday, Wednesday and
Thursday nights. They have four children; the eldest being eight years
old. Their eight year old has been diagnosed with ADHD and requires a
great deal of attention and directing.

The Hussons were opened as a foster home for seven months prior to
getting their first placement. They had little contact with the Society
while they awaited their first placement. The contact since they have
had placements has been sporadic. They feel it is important not to
bother the extremely busy workers with little things Because they have
fostered very young children, they have never used relief and they don‟t
reel it is fair to send the foster children to relief when their own children
remain at home.


THE HUSSONS (Cont’d)

Mrs. Husson “has her days” when she feels she is a single mother when her
husband is away so much. She doesn‟t think about that as she is too busy.
They try to attend cluster but because of Mr. Husson‟s work schedule, they
rarely make the meetings. They have a young busy family and because of
this, they have taken little training offered by the Society.

Although they were opened for infants and toddlers, they have accepted a
sibling group – a five year old named Scott, and a seven year old, named
Sue. Although they received a great deal of information from the Society
they did not call the previous foster parent nor did they come to the office
to read the file on these children prior to accepting the placement. Because
of the gender and age mix, they have Sue and their eight year
old, Jen, share a bedroom. This can be very disruptive at bedtime as both
children seem to need so much attention when “I am often feeling out of
sorts at that time of the day”.



Mrs. Husson is finding her house very busy and never finds time at the end
of the day to write her logs for the children.

Scott and Sue came from an extremely neglectful and aggressive home
where boundaries were undefined and hitting and shouting controlled
behaviours. Both children are verbally and physically aggressive with each
other, with peers and with adults. Neither child will take no for an answer
and pushes the limits and buttons of adults and peers. Sue has been
suspended from school several times for aggressive behaviour. She always
blames someone else as the cause for her aggression. Mrs. Husson found
out from the school that Sue is a “story teller” and has accused teachers of
being mean to her.



The court ordered access (twice per week) leaves the children
upset for one or two days after the visit. Although contact has
been minimal, Mrs. Husson feels the mother is angry and is
looking for someone to blame. Sue makes the odd
comment/accusation that somehow it is Mrs. Husson‟s fault
that she is not at home with her mother.

THINK ABOUT:
Question: What are the risk factors for an abuse allegation?
Question: What Safety Plan should be put in place?


Suggested Reading List:
"Abuse in Foster Homes, Characteristics of the Vulnerable Child", Emily Jean
McFadden National Foster Care Projects, Institute for the Study of Children
and Families - presented at the Fifth International Foster Care Organization
Conference, Leeds, England, July 1987.
"The Abuse of Children in Foster Care": A Study of
Incidence, Characteristics, and the Precipitating Factors, Ross
Dawson, Toronto: Ontario Association of Children's Aid Societies n.d.
"Abusive Indicators in Children`` Canadian Mental Health
Association, Manitoba Division in People Helping People Vol. 5, October
1990.
"Allegations of Abuse in Family Foster Care": "An Examination of the Impact
on Foster Families`", Jacob Sprouse Jr., a, King George, Virginia: American
Foster Care Resources, Inc, 1989.
"Caring for Children and Youth Who Have Been Sexually Abused', Linda
Croll, Naturas and the National Youth In Care Network, 1991.


"The Caring Response", David Austin and William Halpmin, Journal
of Child and Youth Care, Vol.4, No. 3, 1989.
"Consequences of Child Abuse Allegations for- Foster
Families", Rosemary Carbino, Editor, and Wisconsin: University of
Wisconsin - Madison Health and Human Issues, 1991.
"Enhancing Biological and Foster Sibling Interactions", James
Piers, in Lasting Connections: Proceedings of the 6th Foster Care
Organization Education Conference, ed. Emily Jean McFadden
Eastern Michigan University, 1991.
"Foster Care Handbook", Children's Aid Society of London and
Middlesex
"The Foster Care Research Project Summary and Analysis" Dr. Paul
Steinhauer, Canadian Journal of Psychiatry, Vol. 33, August 1988.


"Foster Care Respite Program"!, Sandra Boelter, in Lasting
Connections: Proceedings of the 6th International Foster Care
Organization Education Conference, ed. Emily Jean McFadden, Eastern
Michigan University, 1991.

"The Parents Handbook": Systematic Training for Effective
Parenting, Dinkmeyer and McKay, American Guidance Service, Random
House, 1982
"Preventing Child Abuse and Child Abuse Allegations in Foster
Care", Ross Dawson, from Lasting Connections: Proceedings of the 6th
International Foster Care Organization Education Conference, ed.
Emily Jean - McFadden, 1991.
"Prevention of Abuse Allegations": Safeguards for Foster Parents
(draft), B. C. Federation of Foster Parent Associations, 1992.



"The Sexually Abused Child in Foster Care", Emily Jean McFadden, in
Specialist Foster Care A Normalizing Experience. The Haworth
Press, Inc, 1989.

"Sharing My Parents Making Fostering a Positive Experience for Birth
and Adopted Children of Foster Parents", Becky Richardson, in
Lasting connections: Proceeding of the 6th International Foster Care
Organization Education Conference, Jean McFadden, ed., Eastern
Michigan University, 1991.

"Support for Foster Parents Accused of Child Abuse", Stephen
Nixon, Carolyn Hicks and Sue Ells, London, England National Foster
Care, Association.



"To Be On Our Own with No Direction From Home": A Report
on, the, Special Needs of Youth Leaving the Care of the Child Welfare
System Brian Raychaba, - Ottawa- National Youth in Care
Network, 1988.

"We Get A Life Sentence: Young People in Care Speak Out on Child
Sexual Abuse", Brian Raychaba, National Youth in Care Network
1989.

"When Children Act Out Sexually, A Guide for Parents and
Teachers", Jean Napier Hemy, Family Services of Greater
Vancouver, 1991.

All policies, guidelines and procedure manuals within your agency.


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Foster Parents Guide to Allegations and Investigations

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