Conflict of Interest Policy Statement

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Cuyahoga County Division of Children and Family Services

(CCDCFS)

Policy Statement

Policy Chapter: Legal, Juvenile Court & Custody Issues

Policy Number: 7.04.02

Policy Name: Conflict of Interest

Original Effective Date: 12/16/2002

Revision Date(s): 03/01/2017, 12/01/2015, 12/01/2014, 12/15/2005

Current Revision Date: 08/01/2022

Approved By: Jacqueline M. Fletcher, Interim Director

PURPOSE: CCDCFS is committed to providing services in a manner which

involves integrity in decision making, freedom of choice for clients, and giving

preference to professional responsibilities over personal interests. The intent of this

policy is to promote effective and efficient service delivery, protect the Division of

Children and Family Services (hereafter referred to as “CCDCFS”) and its staff from

professional and personal liability, and to avoid conflicts of interest or an appearance

of such conflicts of interest when we make decisions regarding children and families.

SCOPE: All CCDCFS employees and agents are collectively referred to hereinafter

as “employee(s),”

or “staff.”

POLICY

DEFINITION: A Conflict of Interest exists when any employee makes, or appears

to make, decisions based on factors other than the case; where the private interest

of the employee conflicts with the public responsibility of the agency.

This policy is in supplement to, and does not supersede, the contents of The Ohio

Ethics Law: Ohio Revised Code Chapter 102, Ohio Revised Code Sections 2921.42

and 2921.43, as well as all pertinent Federal and State laws, the Cuyahoga County

Code of Ethics contained in Title 4 of the Cuyahoga County Code, and Ohio

Administrative Code Section 5101:2-36-08, all of which apply to public employees

and public officials employed by CCDCFS.

PROCEDURES

A. CCDCFS is able to exercise enormous power over the lives of children

and families in our community. Therefore, it is essential that staff

maintain the community’s trust and avoid both a conflict of interest and

the appearance of a conflict of interest. If any of the following situations

arise staff must notify their immediate supervisor in writing, which may

include an agency memo or email with a copy to their immediate Senior

Social Services Supervisor or Deputy Director/Administrator as

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applicable. This is NOT an all-inclusive list – should a CCDCFS staff

member have a question regarding if a conflict of interest exists, the staff

member should contact the staff member’s immediate supervisor and/or

the Cuyahoga County Agency of Inspector General (“AIG”).

No CCDCFS staff member shall engage in the following:

1. Become involved in a professional capacity with a case or referral

involving friends, relatives or acquaintances. Upon receiving a case or

referral concerning a friend, relative or acquaintance, the staff member

will immediately notify his/her supervisor so that an alternative staff

assignment may be made.

2. Serve as foster parents and/or prospective adoptive parents for a child in

the custody of CCDCFS unless all of the following conditions have been

met: 1) the child is a relative of the CCDCFS employee who wishes to

serve as the foster and/or prospective adoptive parent to the child; 2) the

CCDCFS staff member has first notified a Deputy Director/Administrator

in writing of the CCDCFS staff member’s intent to pursue foster and/or

adoptive status for the child. The Deputy Director/Administrator will

determine if consultation with the Legal Department is necessary.

For purposes of this subsection of the Policy, the term “relative” of the

CCDCFS employee shall be construed to mean the following with respect

to the child’s relationship to the CCDCFS employee.

a) Individuals related by blood or adoption, as set forth below:

i. Parents, grandparents, including grandparents with the prefix

"great", "great-great", "grand", or "great-grand";

ii. Siblings;

iii. Aunts, uncles, nephews, and nieces, including such relative

with the prefix "great," "great-great," or "great-grand;"

iv. First cousins and first cousins once removed.

b) Step-parents and step-siblings;

c) Spouses and former spouses of individuals named in paragraph

(a), above.

d) For the purpose of this policy, the term relative includes a

CCDCFS employee with whom a child is placed by court approval

pursuant to Ohio Revised Code Section 2151.415(A)(3), i.e.,

kinship.

The foster and/or prospective adoptive placement of a child with a

CCDCFS employee shall be supervised by a CCDCFS employee that is

not within the CCDCFS employee’s direct chain of command and

CCDCFS department.

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The CCDCFS employee must become licensed pursuant to Ohio law,

through an agency that is certified, licensed or otherwise specially

empowered by law or rule to place minors in foster care (the “Licensing

Agency”). The CCDCFS employee shall receive the assigned daily per

diem that is associated with the Licensing Agency. Note: A home study

of a CCDCFS employee who wishes to foster or adopt cannot be done by

CCDCFS.

CCDCFS employees are encouraged to foster and adopt children from

other public and private child placement agencies, which do not have

custody of CCDCFS children. CCDCFS’ Resources and Placement

Department will assist CCDCFS employees in contacting other public and

private child placing agencies. Note: This policy does not prohibit an

employee from receiving an adoption subsidy.

CCDCFS employees who are friends or relatives of the family, except for

safety planning discussions, are not permitted to attend staffing meetings.

Any prospective employee who is a licensed foster parent by CCDCFS

must immediately transfer their license to another public or private child

placing agency prior to acceptance of employment with CCDCFS.

No CCDCFS employees shall use their DCFS/ODJFS email account for

any personal correspondence related to a case. As referenced in DCFS

policy 12.05.07 (Electronic Communication and Information Technology

Resource Usage), Cuyahoga County’s Employee Handbook, and

Cuyahoga County’s Electronic Equipment and Communication Policy,

improper usage of DCFS/ODJFS email accounts is strictly prohibited and

may result in disciplinary action, contractual penalties or be cause for

termination. Note: An exception would be in the instance of when a DCFS

employee notifies his or her supervisor, senior supervisor or deputy

administrator, in writing, of his or her intention to be considered as a

placement option for a relative’s child in DCFS custody.

3. Represent private or public interests in any action or proceeding against

the interest of CCDCFS, in any manner, in which CCDCFS is a party.

If you are subpoenaed for any court matter involving CCDCFS, contact

your supervisor and the Cuyahoga County Prosecutor’s Office

immediately.

4. Use his/her position with CCDCFS for personal gain, or engage in

business transactions or other interests, direct or indirect, which conflict

with the proper discharge of his/her duties; for example, renting property

to foster parents and/or clients, selling to clients, etc.…

5. Develop personal relationships (this includes intimate, physical, and /or

sexual relationships) with any clients (children, parents, relatives, foster

or adoptive parents, or acquaintances) active with CCDCFS, including

former clients, for up to (2) years following CCDCFS involvement.

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6. Take a client/child to their home or the home of their relatives, friends or

other acquaintances. Moreover, the staff person shall not have their

friends, relatives or other acquaintances accompany them on any

CCDCFS business at any time.

7. Have a financial interest in companies or entities that do business with

CCDCFS. State law prohibits, with minor exemptions, employees and

officials from having a financial interest in companies that do business

with public agencies. Employees who have any doubt concerning

possible violations of these rules are advised to consult with their

supervisor and/or the AIG.

8. Employment or other relationships with agencies that contract with

CCDCFS, or with whom CCDCFS serves children, is prohibited.

Exceptions may be considered on a case-by-case basis by the

Administrator. Furthermore, all secondary employment and any fiduciary

or pecuniary relationships must be reported to the County Department of

Human Resources and the AIG on an official form. (See notification

procedure under Section “C” below.)

9. Accept any gift from a client or vendor who has a contract with CCDCFS,

or any business that has dealings with the County, whether in the form of

services, loans, items of value or promises; nor accept any favor that may

tend to influence an employee in the discharge of his/her duties; nor grant,

in the discharge of an employee’s duties, any improper favor, services, or

item of value. Any employee who receives a gift in circumstances as

described above, shall advise his or her immediate supervisor and return

the gift. See County Code Section 403.06 for specific guidance.

10. Seek elective office, except as permitted by law; State or local officers or

employees may not be a candidate for elective office.

B. Staff Relationship with Children in Custody

Employees are strongly urged not to develop personal relationships with

children active with CCDCFS, outside of the routine case management and job

description, or outside of business hours.

However, if significant others in the child’s life, such as the worker-of-record or

other CCDCFS staff member, express a desire to work with a child in some

personal enrichment areas such as appropriate cultural, recreational and social

activities (e.g., metro parks, museums, neighborhood festivals, and

restaurants), the CCDCFS staff member desiring to participate in these

activities with children/clients are required to complete the following steps:

1. Discuss the activity with the legal parent, custodian or guardian and obtain

written approval/consent.

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2. Share all information with the supervisor and obtain the supervisor’s

written approval, as well as the written approval of the Senior Supervisor

of the department.

3. Discuss the activity with the substitute caregiver to avoid scheduling

conflicts or interference with their planned family activities.

All the above steps shall be documented in the case notes. At no time shall a

CCDCFS employee take a client/child to their home, or the home of friends,

relatives or other acquaintances.

C. Employee Notification Procedure

1. To prevent the occurrence of any prohibited Secondary Employment,

Section 403.08 of the Cuyahoga County Code requires all County public

officials and employees to disclose Secondary Employment to the County

Department of Human Resources and the AIG on an official form.

Specifically, public officials and employees are required to disclose the

following:

a) Any compensated employment or private business activity

outside the elected official’s or employee’s primary status with the

County that results in gross income required to be reported by the

United States Internal Revenue Service, excluding interest

income, dividends, other corporate contributions, alimony, income

from life insurance or endowment, income in respect of a

decedent, retirement plans, pensions and annuities, and social

security, PERS, or equivalent retirement benefits;

OR

b) Any compensated or uncompensated fiduciary interest with an

entity that receives funding from the County.

Employees who are considering other employment or internship (paid or

unpaid) outside of their work at CCDCFS, or employees who sit on boards

or have any other relationships as defined in this policy, must notify their

immediate supervisor in writing, with a copy to their immediate Senior

Supervisor or Deputy Administrator, as applicable, as well as the Human

Resources Department and the AIG. Any employee who is considering

an internship within the agency requires Administrator’s approval.

No internship can occur within the unit to which they are currently

assigned or concerning their own caseload/assignments.

2. The memorandum must include the name of the other employer and a

description of the work responsibilities with that employer.

3. The supervisor, in conjunction with the Senior Supervisor, will gather any

relevant facts and prepare a recommendation regarding whether the

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request should be permitted in the event it is determined that a conflict of

interest does not exist. This recommendation is also sent to the Director

of Human Resources and the AIG.

4. The Director of Human Resources or the AIG will advise the employee in

writing as to whether the secondary employment has been deemed a

conflict of interest and, if so, will advise the employee of any conditions

that may be required in order to maintain both jobs or if termination from

the secondary employment is necessary.

5. A copy of the employee’s memo and the Director of Human Resources or

the AIG’s response are placed in the employee’s personnel file.

6. Employees shall request approval from the AIG within thirty (30) days of

accepting any secondary employment. The AIG may limit the type of

classifications of secondary employment that require disclosure. The AIG

shall render an opinion within fourteen (14) days of the AIG receiving the

request from the Department of Human Resources.

D. Review of Previously-Approved Secondary Employment

1. CCDCFS will from time-to-time conduct a review of all instances of

secondary employment, board affiliations or relationships, as outlined in

this policy, of CCDCFS employees.

2. When requested, employees must resubmit the details of their second

employment, board affiliations or other relationships, as outlined above.

3. If a secondary employment situation, board affiliation or other relationship

was initially deemed not to present a conflict of interest but is now

determined to present a conflict of interest, employees must terminate

that employment or face dismissal from County service, in compliance

with existing personnel practices and Cuyahoga County Code Section

403.08(C).

4. Employees must present evidence to the Director of Human Resources

documenting their resignation from the secondary employment or other

entity or documenting their disassociation.

5. If employees fail to produce such evidence, they will be subject to

discipline, up to and including termination.

E. Examples of potential conflict of interest situations which employees

must avoid include, but are not limited to, the following:

EXAMPLES

1. If a staff person were to knowingly purchase a used car, other

merchandise, or gives or receives gifts from a client for whom we are

doing a home study, CCDCFS would be put in a position where a charge

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could be made that the outcome of the case (or the home study) was

affected by the good, or bad, deal given its staff member on the car.

2. If a staff person is also a CCDCFS foster or prospective adoptive parent,

CCDCFS would be put in a position where a charge could be made that

the outcome of the case (e.g., failed case plan; recommendation to the

court for permanent custody) was affected by services provided - or not

provided - by its staff.

3. If a staff person from CCDCFS becomes a personal friend of a CCDCFS

client while the client’s case is active and another party becomes involved

in a custody dispute with the client, our decisions as an agency may well

be attacked as biased toward the “friend.” This is particularly true if the

staff person participated in a Staffing or Family Team Meeting.

4. Knowingly entering into any business transaction involving anyone with

a case with CCDCFS.

5. If a staff person has a personal relationship with someone who does

business with CCDCFS (e.g., a bidder on a contract) and the staff person

is involved in obtaining a contract for CCDCFS, a charge of conflict of

interest could be made.

6. If an employee provides private therapy, counseling, or any service to

CCDCFS clients outside of the staff person’s agency job duties/roles, a

charge of conflict of interest could be made.