Fayette Co. lawyer discusses steps in removing a child from an abusive home

As LEX 18 continues to follow the death of Joshua Bowen, many questions are being raised about how the department for community-based services handles child abuse reports, and now goes in-depth into the process.

According to a 2021 U.S. Department of Health and Human Services report, there were 14,963 child maltreatment cases in Kentucky out of 55,547 reported. This means only 27% of reports became cases in 2021.

Those statistics alongside the recent death of 20-month-old Joshua Bowen, plus at least six different people reporting suspected abuse, has many questioning: Why didn't DCBS step in sooner?

"Why was, if there are in fact documented, four, five, six referral sources. Why would that kind of volume, was nobody then looking at it?," questions Thompson Law Office attorney, Eddie Thompson. "The first question is, 'okay does this meet criteria? Do we feel personal to our internal criteria?' This qualifies as a sufficient allegation to warrant an investigation."

Thompson walked through the steps to determine if an investigation is required when abuse against a child is suspected.

"That worker then has to decide, one, do I substantiate it, or have reason to believe that an act of abuse, risk of neglect, neglect has occurred. And that's obviously the internal opinion of that specific social worker," explains Thompson.

He says an internal opinion of the DCBS worker can range from, does the child need to be removed or do resources need to be provided instead?: "They then have to file as part of their petition a request for an ECO - Emergency Custody Order. And the family court clerks will get that to a family court judge to review or make a determination."

If the ECO gets issues, a hearing in front of the family court must be set within 72 hours with the guardian or parent present.

DCBS said in a statement:

"DCBS follows KRS Chapters 600 to 645 guidelines as well as the Kentucky regulation standards of practice guidelines. The central intake system consists of nine regional service units who are dedicated to processing statewide reports of abuse or neglect both via phone and online. Calls are first routed to the closest region based on the caller’s area code. If those lines are full, the call routes to the next available central intake worker, which could be from a different part of the state. When online referrals are submitted and the worker completes the intake, an email will automatically be sent to the reporting source notifying them if the report meets or does not meet acceptance criteria. Central intake workers have two hours to process the report and submit for supervisory review and approval. The supervisor then has four hours to further review and make a final determination on if the report meets investigatory criteria that’s established in state law and policy. If a report does not meet criteria for an investigation, it still goes into an electronic documentation system in the instance of future reports being made on the same child/family. All investigations require in person contact.

The Cabinet for Health and Family Services is now utilizing an online platform for individuals to submit open records requests. If you would like to request records from the Cabinet, please click on the link below to submit your request. The Cabinet will then be able to process your request."

"There are times where the cabinet says, 'we got this referral but based on the way it was phrased or the age of the allegation we didn't feel it was efficient to warrant an investigation," said Thompson.

If the family court decides to move forward with the child's case, they can appoint a social worker or a court-appointed special advocate - CASA .

"That CASA volunteer stays with that child from when their appointed until that case is closed. Unlike how social workers can rotate in and out and the child can move placements," explains Ben Kleppinger, who is the director of communications with CASA.

Kleppinger says that throughout this process, the judge is creating a plan for the child to place them in a safe home. If a child is too young to speak, they will visit the child to observe their living situation and get to know the guardians.

One way you can help make a difference in a child's life is by volunteering at CASA to be appointed to their case and with them every step of the way.

Kleppinger says both Child Protective Services and CASA are very understaffed and are always looking for people to help them help kids. Thompson says a lot of the times, how a report is decided worthy of an investigation is not only determined by the criteria but also by each county's social worker staffing numbers.