CMS-07-021/023 - Los Angeles County Department of Children and ...

DCFS FOSTER FAMILY AGENCY CONTRACT
INVESTIGATION/MONITORING/AUDIT REMEDIES AND PROCEDURES
(As Amended on _____________)
EXHIBIT N
These internal policies and procedures are attached to the Foster Family Agency
Contract to inform CONTRACTOR’s of DCFS’ investigation/monitoring/audit remedies
and procedures. These policies and procedures are subject to revision by DCFS, upon
30 days prior written notice to CONTRACTOR (which will not require a contract
amendment), and DCFS may vary from these protocols and procedures when such
variance is required to protect the health and safety of the children, except that all Do
Not Refer and Do Not Use actions must be approved by DCFS’ Director or his/her
Deputy Director level designee. Such variance may not be arbitrary and capricious,
unreasonable or discriminatory.
DCFS is responsible for monitoring and investigating, as a whole, all residential facilities
licensed by Community Care Licensing (CCL) to provide out-of-home care when there
are allegations of child abuse, neglect or exploitation. These facilities include foster
family agencies, foster family homes, group homes and small family homes. During the
normal course of its monitoring or as the result of an investigation, DCFS may take
action, when necessary, to protect DCFS-placed children in these facilities, including
corrective action, Hold, and/or “Do Not Refer/Use” status. Staff may recommend a
corrective action plan, Hold, DNR, and/or DNU Status, regardless of whether law
enforcement and/or CCL take similar action.
The Office of the Auditor-Controller is also responsible for audits of the contracts and
administrative issues, including fiscal audit findings for all CONTRACTORs. Fiscal audit
findings are not addressed in Exhibit N, except to the extent discussed below or
specifically referenced in other parts of the Contract. Nothing in this paragraph shall
prevent the COUNTY from relying on the findings of the Auditor-Controller as a basis for
imposing any of the Administrative Remedies provided below.
A. Administrative Remedies
DCFS may utilize one or more of the following actions in response to findings
uncovered in the normal course of monitoring, as a result of investigations of
abuse/neglect in out of home care, or in audits of program or fiscal contract
requirements.
1. Corrective Action Plan (CAP) - When DCFS reasonably determines that a
CONTRACTOR’s deficiency is correctable; a CAP shall serve as the
CONTRACTOR’s commitment to remedy such deficiency.
2. Hold Status - COUNTY retains the right to temporarily suspend referrals of children
to CONTRACTOR by placing CONTRACTOR on Hold status, for up to a 45-day
period at any time during an investigation, monitoring, or audit, when based on prima