Chapter 5
Documentation
How Important Is It?

See this cute little alligator?
 He represents “Allegations.” 
And he is anything, but Funny! 

Allegations are a very real and present danger to every foster parent in the nation. Let me share a story with you:

Johnnie is the name of our foster boy in this scenario.  Johnnie is 6 years old and just arrived at the door of his new foster home, Yours. 

NOTE:  Before Johnnie arrived in your home, you should have already purchased several notebooks to keep as journals.  Have extras available at all times.  These notebooks have to be the proper type of notebook or it defeats the purpose of keeping a journal.  They must be of the kind that a page CANNOT be ripped out without being obvious.  Composition books work well for this purpose.

Documentation is PROVING WHAT you say is true.

Three weeks after Johnnie arrived at your home you have taken him to the park to play at the playground.  Johnnie falls off the merry-go-round and skins his knee.  Mrs. Johnson is there with her daughter, Kylee.  It is April 10th, the time is 3:14 pm.  The name of the park is Lincoln Memorial Park on Highland Street. 

Stop reading, set this booklet down and take a few moments to document this incident. 

Ok, let’s go on:

1. Were you ready to document the incident that just happened at the park today?  Had you purchased the necessary supplies to do so properly?

2. Are you a brand new foster parent who has had no one to guide you in the proper steps to take before you take your first placement as a foster parent.

3.  Or are have you already gotten your first placement? 

You are already at risk
of an Allegation of child abuse!

Got your attention now?  Please always remember the following statement:

An allegation can come from anywhere.
Allegations of child abuse are all in the
Eye of the Beholder...

Remember our examples of Allegations?

1)  That little old lady that saw you lightly tap your foster child’s hand for putting things into your buggy without your permission.

2)  The Postman that thought he saw you slap your child when all you did was place your hand over his mouth.

3)  The teacher who observes a bruise on a wrist, or a principal who sees a scratch over the eye.

4)  Virtually anyone who works around or near children is a mandatory reporter.   This means mandatory reporting, by law, or they can lose their job.

5)  This includes police officers, school teachers, janitors, bus drivers, and you are also a mandatory report.


Do you have the idea?

Many people will call in an allegation just to be spiteful. Many couples who are going through a divorce simply accuse their mates of child abuse to cause trouble.   It can be your neighbor.  You know, the one who thinks that your foster home shouldn’t be in her neighborhood because it will cause the property values to go down.

People who call in an allegation are protected. Did you know that?  Their name will never be revealed to you, and you will never be allowed under Administrative Law to face your accusers in a court of law.

This reporting system was set up to protect children from abuse.  It has now gotten totally out-of-hand and we, the American People, have helped create a huge GREEN monster devouring whoever is in it’s path. This booklet was designed to arm and protect you from the Storm of false allegations of child abuse.


This book is your best and only defense
against the little, green Allegator!

Never forget him. Plant the green allegator into your brain.  Be prepared for him through documentation, it is your only defense.  No one can totally eliminate allegations from taking place.  This gun will eventually go off and it will be pointed directly at you. Remember This True & Important Statement!

 

Let’s discuss a case that we were involved in a few years ago. This foster mother attended one of our workshops on documentation.

A social worker accused a foster mother of neglecting her foster boy because she did not make an appointment for an exam with a psychologist in a timely manner. 

The foster parent produced her journal entries as evidence when this case was being investigated.

The social worker gave the dates that she began telling the foster parent that she needed to make an appointment with the doctor. The foster mother had made notes in her journal on a daily basis.  The foster mother could established and proved by these journal entries that the social worker was on leave throughout that entire week.

This cast doubts on the social workers record keeping abilities as well as her testimony being valid.  The journal went on to list many attempted phone calls by the foster parent to contact her social worker and it was noted repeatedly that her calls were not returned.

The foster parent had documented each phone call’s date, time and the person she spoke to.  The results of each call was documented, as well.  The foster mother showed due diligence in her attempt to obtain the name and number of the recommended doctor that she was supposed to take her foster son to.

There was a note and a specific date with a brief synopsis of a conversation the foster mother had with her social worker (time place and date).  The social worker stated that the foster mother could not take her foster son to any independent psychologist.  The psychologist had to be one approved and recommended by the social worker’s office.

This was stated in the foster mother’s journal.  The investigator found this foster mother unfounded of any wrong-doing or neglect.  I explained about this case to show you how important this documentation can become to you.  It can make the difference in having your foster care license revoked or continuing on offering these precious little children the love and care that they so desperately need from us, as foster parents. 

Nothing is going to totally prevent allegations from ever being filed on you.   But, with proper documentation to protect you, false allegations of child abuse can result in being found unsubstantiated, instead of substantiated. Documentation, unfortunately, is your only defense!

The How To’s of Documentation

Let’s get down to how to document. It is ok for someone to tell you how important it is to document.  But, if they do not show or teach you the correct way, it is just a word --  an unimportant word to you.

Your personal journal will begin the very day that you first talk about accepting this new placement.  So, when this child enters the door to your home, or the day that you pick up the child, or the day that your social worker brings him, you have already begun his journal. You will put the child’s name on the inside first page of the journal.  You will already have purchased several of these books.

Never erase a child’s name and reuse it for another child.  Never destroy a child’s journal or records.  Keep them in a file cabinet and safe, along with all other documents backing up your entries. Doctors appointments receipts, hospital visits, school records, all records pertaining to the child should be in this folder.

If the records pertain to more than one child, make copies for each journal.  Set up a loose-leaf notebook for each child’s records. Place all documentation into this notebook with corresponding dates matched to your journal.

Remember, your journals must be a book that the pages cannot be torn out of, without being obvious.  Composition books are great for this purpose.

THE child’s journal cannot be a loose-leaf notebook for obvious reasons that pages can be taken out of, or placed into – after-the-fact.  This notebook will only be used for receipts and other backup information. You will also have, already in use, a personal journal to make notations on a daily basis of your own observations as you experience a new child’s behaviors.

 It is imperative that you get used to
the idea that you must make a daily notation
 in each of these journals.

These journals are the books that you have started for the child that the incident involved, as well as your own personal journal. The following information is what is important and should be entered and journaled:

Note:  Journal entry the time of  the social worker and child’s arrival.  Also,  journal the time of the social worker’s departure.

a) Name of the Child

b) Today’s date

c) Time of  day

d) How did the child arrive at your foster care home.

e) Did your social worker drop him/her off a your front door.

f) Did the social worker come inside your home?

g) Did she make any comments about this child?

h) How long did the social worker stay ?

i) Inventory of all the child’s belongings.

j) Picture of the Child – update as needed.

k) Were you given any medical instructions for the child’s care ?

l) Has TPR (Termination of Parental Rights taken place?

You have already entered some of these things after talking to your social worker on the telephone about accepting this placement. As you are talking on the telephone you were making copius notes on a separate sheet of paper.  After you hung up, you have taken the time to neatly rewrite those notes into the CHILD’S book.  Keep the notes that you have taken during the conversation in a separate loose-leaf notebook which also has the child’s name on it.  This is where you will keep all copies of records dealing with this specific child.  Doctors’ visits, class papers, report cards, special education reports, etc. Be sure the name of the child being spoken about is on the top of the note, receipt, doctor’s slip, etc.

Examples of notations to make include Initial Comments or observations on the placement:

a) Did the social worker tell you anything about the child’s background?

b) What does the child like to be called?

c) Are there any emotional/behavioral problems that you need to be aware of?

d) Has the child been diagnosed with RAD, ADHD, FAS?

e) Did the child have any belongings with him?  List each item as an inventory in the child’s journal.

Get into the habit!
Right before bedtime
, make notation entries
 in the journals.

Even if absolutely nothing out-of-the-ordinary took place that day, make an entry to that effect.  Anything and everything from the first day of this placement in your home is significant.  Make a note of visitors that day: their names, the time they arrived and when they left.  Were all your children in school that day?  Was one child kept at home ill that day?  What were you doing while the visitor was present? Did you have a postal delivery that day?  Did you go to the bank or the post office that day?  Were your children with you, did you take them in with you?

Someday, one of these entries may save you from a false allegation of child abuse.  For instance:  Someone calls in an allegation of child abuse saying that you left your foster baby in the car while you ran into the post office to get your mail.  Your journal will state otherwise on that specific day (taken from an actual allegation case).

Someone calls in and says they know that your foster child was molested by a visitor in your home.  The caller says that a visitor spent the night at your home and molested your foster girl.  To have a visitor remain over night in your home is a violation of the rules and regulations you signed with your agency.  Also, if your child is to spend the night at a friend’s, this must be cleared through your social worker.  The social worker should do a background check on the family, first.  Otherwise, you may be putting your child into the hands of an already-known, child abuser.  You would be  held responsible for this as a child abuser, yourself.

Most agencies have rules about this. These rules sometimes contain the number of hours or days that the visitor is allowed to be in your home -- without a background check.  Babysitters, friends, relatives are subject to these rules.

To have a visitor that has not been cleared by a background check is a violation you can be held responsible for.  This is usually considered a minor infraction of the rules and will be investigated as all allegations have to be. But, it will usually be handled with a C.A.P agreement (Corrective Action Plan) through your agency.  

This is unless the allegation involves a more grievous  and serious allegation.   This would be suspected child molestation.  This is a sexual allegation and ALL of your children will be removed immediately.  Any allegation of a physical or sexual nature will result in the foster children being removed immediately. ALL your foster children will be removed until the investigation is completed. 

Understand this:  CPS has the right AND POWER to remove your own biological children in a situation like this.  They do not do this often.   But, the point being, they can remove your own children in addition to the foster children.  And, in some cases, do.  You live in a glass house as a foster parent. 

Remember the entry in your journal?  The visitor that they are talking about did not stay overnight.  In fact, he was only there for two hours during which you were present at all times. And, the children were all in school during the time he was in your home.  Also, you made another note in your personal journal for that day.  It said that you invited Jane over to your home to meet this visitor.  So, Jane was also there through most of the visit.

Jane is the witness that just
saved you in this  ALLEGATION

You have just avoided possible revocation of your foster care license.  Would you have remembered which day Jane came for coffee? How long she stayed?  Or that she was there on that particular day to meet your visitor?  Possibly, or possibly not.  But, the point is:

 Never Rely on Memory.
Not Your’s nor Anyone Else’s

With these entries do you think that the investigation will turn up anything that wasn’t ok?  Probably not! So, now do you understand how imperative it is to keep records?  Write down every incident that takes place in your home on a daily basis, no matter how insignificant it seems at the time.  It may become VITAL in the future.  And your memory is not reliable. Neither is anyone else’s.

Remember little Johnnie?  You had taken him to the park to play. Remember when he fell down and got hurt?

You are at the police station now.  Policemen, detectives and investigators are firing questions at both you and your husband in separate rooms.  Let’s see how well you do.  Why did you push Johnnie off the merry-go-round ?  Were you angry at him?

a) What was Johnnie wearing that day?

b) What was the weather like?

c) What was the date?

d) How long had Johnnie been with you at this time?

e) Where was your husband that day?

f) Were there other children in the playground that day?

g) Were you with Johnnie the whole time at the playground? 

h) Did you take Johnnie to the emergency room?  If not, why not?

i) What time did you arrive at the playground?

j) What time did you leave?

k) Did you eat lunch that day?

l) Where did you eat lunch?

m) Did your husband push Johnnie to fast?

n) Why were you pushing Johnnie so fast?

o) Were you angry at Johnnie?

p) Were you angry at your husband?

q) Don’t you realize that merry-go-rounds are dangerous for children Johnnie’s age?

r) Could one of the other children have pushed Johnnie off the merry go round ?

How did you do?  Did you remember the ladies name that was in the park at the same time?  Did you remember her daughter’s name? Did you even remember the name of the park?  Did you remember the date of the incident?

If you cannot remember in just the few minutes it takes to read this booklet, how are you going to remember three months from now?

Did you make notations in your journal?  If you did, then you are at the head of the class.  Most foster parents who read this booklet think that they will remember.   This is the point of this little exercise on just how unreliable our memories are.

I want you to also remember is this: At the same time you are being interviewed and questioned; your spouse, as well as your children, can be interviewed with, or without your knowledge.  And, if you come together for this interview they will place you in separate rooms. 

 This can also take place at school
without your knowledge or permission.

Johnnie will also be interviewed in depth.  Any  and all allegations have to be investigated, by law.  If the false allegation of child abuse is determined as founded or substantiated, this can result in criminal charges being filed against you, your spouse, or someone in your immediate family.

Always remember that children are very pliable and an inexperienced investigator, or an untrained police investigator can do more harm than good by planting unfounded ideas into their heads.  For instance, your  six-year-old foster child may be asked:  “Did your mommy ever hit you?”  In the child’s mind they are talking about his real mommy and he say’s “yes.”   Now they have a record that the child said you hit him.

My personally favorite investigatory question is:  “Has your mommy or daddy ever touched you inappropriately?”  Well, what six-year-old do you know that can answer this question?  Johnnie has been taught in school what inappropriate means.

And, yes, you have touched inappropriately
according to what the schools teach the children!

Whenever you gave him a bath, you touched him inappropriately.  Can anyone show me how to properly bath and dry a child without touching them?

Remember the child molesting allegation that we covered.  What if the visitor in your home as reported spending the night, happened to be your biological son, or your father?  Have you obtained clearance for those family members and/or individuals directly involved in the care of your foster children?

We hope that this booklet has served as a guideline and been an eye-opener for you as a foster parent.   Please feel free to make copies of it.  Please hand it out to your friends and fellow foster parents who you think that it might help.   We do not mind your doing this.

God has given us the knowledge that we are sharing with you and so we give it freely to you as He freely has given it to us.  The thing to remember is this:

Whatever you say -- Sometime in the future,
“YOU” may have to prove it to be truth.

You will not be believed if an allegation is filed on you.  They will believe the child before you.  You see, they still have this idea in their heads that CHILDREN DON’T LIE!   Even when there is documented proof that the child has lied in the past.  Even if a child has made allegations in every home they have been in, it will be the child who is believed, not you.

Consider all the problems that foster children have gone through. There is the horrendous trauma of being removed from their own biological parents. Then, the traumatic experiences throughout their foster care journey are carried with them.   You can bet they have compared notes with other children in foster care.  They know how to get out of a foster home that they think might reject them later on.  Or, how to get out of one that asks them to do dishes or be responsible for other chores.

Or,  where they feel threatened by their
 own emotions. That thing called Love, that
hurts so much.  Or learning to care for these
different kind of parents -- these foster parents.

Their emotions are getting involved, so they reject you before you reject them -- by lying.  They have heard from other foster children, and now realize, that when they tell whopping stories, that LYING about you is the way they can gain attention from everyone.  The center of attention to get whatever they want. This is called manipulation and is learned at a very early age.  This goes double for foster care children. I have heard for myself a foster teenager stand up and tell the foster mother that “I don’t have to do what you say, you’re not my boss.  I’ll fix you I will tell them that you slapped me.”  I heard that with my own ears.  She made good on that threat and the foster mother she was talking to is no longer a foster parent.  She was found substantiated in the false allegation of child abuse and her license was revoked.  Do you know what the foster mother was guilty of?  The girl was demanding to go out at 11:00 pm on a school night to meet her 24-year-old boyfriend.  This girl was a 14-year-old.  This is the only reason that this girl called in a false allegation of child abuse (slapping) on this foster mother.

This foster mother cannot work in any position involving children again.  She has been placed on the National Child Abuse Registry.  The same registry that convicted child molesters are placed on.  All persons in positions dealing with the public (children), must have a background check completed.  This former foster mother can no longer pass a background check.

Remember, she has never been convicted of any crime.  Think this is just an isolated case?  I have another former foster parent who was a teacher with 40 year’s experience. What was her child abuse crime?  She took a bicycle helmet away form her 14-year-old foster daughter who kept leaving it out in the weather.  It was up in a closet until this girl learned respect for the cost of things.  This is something a lot of us would do, including me.  This dedicated teacher can no longer teach in ANY SCHOOL in our nation. She is now on the registry for child abusers.  This was for taking a helmet away from her foster child.

This girl had to walk a half a mile to school with her friends on a rural country road to school.  After spotting this girl walking to school, another teacher with a grudge against our foster mom called in a false allegation.   Charges read Neglect and Failure to Protect. 

These are cases that I have seen filed.  Cases that we at Foster Parents Legal Solutions have been involved in from their onset.

There are hundreds of stories that I could share with you. Please learn from these experiences to be careful. Please learn to properly document on a daily basis:

 
It is Your Only Defense
Against Allegations

Please feel free to copy portions of this booklet. Give it to friends and other foster parents.  God has given us this ministry and armed us with any knowledge that He wants us to share.  He has no copyright laws with information He freely gives us.

The only thing we ask is that you maintain the quality of this original copy:

That the contents not be changed or altered in ANY WAY
 -- including the covers and illustrations.

Or, you can simply contact our office and we will send you copies immediately to share with others.  It is recommended to subscribe to Fostering Families Today Magazine.   Owner/Publisher Richard Fischer of this wonderful magazine has offered a astounding half-price subscription to new members signing up on our website as members of Foster Parents Legal Solutions:

http://foster-parent-legal-solutions.com

We are proud to be the only support organization that Richard Fischer has made this offer to.  We are also offering a FREE membership in a brand-new organization designed to unite Foster Parents across this nation:  Foster Parents Untied for Change (FPUC).

When signing up online for a membership, you will be notified how to get your FREE 1st year’s membership.

Rules of Documentation

a) Write every incident down in your journal.

b) Never rely on memory – not yours nor
anyone else’s.

c) Never allow yourself to think: “I’ll catch up on the journals tomorrow.”

1st Edition: All Rights Reserved
Standing in the Shadow of the Law
September 2007
Back to Table of Contents
Please visit our website
http://foster-parents-legal-solutions.com/

 

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