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Administrative procedure #6 : Law Enforcement Agencies Data System (LEADS)

• Section 6.1 Introduction
• Section 6.2 Definitions
• Section 6.3 What LEADS Can Do
• Section 6.4 How LEADS Should Not Be Used
• Section 6.5 When to Use LEADS
• Section 6.6 Terms Used in LEADS Reports
• Section 6.7 Classes of Crimes
• Section 6.8 How to Access LEADS
• Section 6.9 Confidentiality of LEADS Information
• Section 6.10 Applying LEADS Information When Placing with Unlicensed Relatives
• Section 6.11 Applying LEADS Information When Assessing Risk
• Section 6.12 Questions on LEADS
• Appendix A: GLOSSARY OF WORDS USED IN CRIMINAL LAW

Administrative Procedure #6

Use of the

LAW ENFORCEMENT AGENCIES DATA SYSTEM (LEADS)

July 15, 2001 - P.T. 2001.18

Section 6.1 Introduction

The purpose of this Administrative Procedure is to provide staff with a protocol for the use of information from the Law Enforcement Agencies Data System, commonly known as LEADS. LEADS is an indispensable tool in the risk assessment decision-making process. It may also be helpful to the child protection investigator in assessing risk to the investigator in conducting an investigation, to placing workers when assessing a child's safety in a potential relative home placement, and to child welfare workers when arranging for visits and contact between parents and children and making important case decisions.

Criminal background information may be useful as a starting point for an investigation to pinpoint areas of concern that require further investigation. In assessing the importance of LEADS information, the following guidelines should be used:

· Criminal history record information should be considered in relation to child safety and the caregiver's ability to care for children.

· Arrests are not convictions. Arrests require further investigation to determine their relevancy to the safety of children. Arrest information may be used to assess conflict resolution abilities and stability of the home environment. While the fact of an arrest cannot support a determination that the alleged act occurred, by assessing the underlying documents and conducting interviews, an investigator can determine whether issues are present that affect the child's safety and well-being.

· There is no clearer predictor of future violence than past violence. Thus, workers should pay particular attention to criminal history record information involving interpersonal violence. Criminal history record information may disclose conflict resolution issues beyond the criminal acts that form the basis of the arrest or conviction.

· Gang-related activity may present a danger to children but workers should be sensitive to the fact that minority young adults are disproportionately arrested and charged with "mob action."

· How long ago the individual was convicted and the age of the individual when convicted should be considered. If the individual was incarcerated, the time which has elapsed since the individual was released from prison and any subsequent criminal activity since his or her release should be considered in evaluating whether the individual has been rehabilitated.

Some convictions operate as a complete bar to placement with a relative and cannot be waived. See Rules 301, Appendix A for a complete list of crimes which bar placement with relatives and for information about the waiver process.

If LEADS data appears relevant to child safety, the worker shall access the underlying documents supporting the LEADS information. In an emergency situation when a child is in immediate danger of physical harm or it is likely that the family may flee with the child, the worker shall act immediately to protect the child before accessing the underlying documents supporting LEADS information.