Current through September 21, 2024
(a) The
investigative process begins when the report is accepted.
(b) The Department shall review the initial
intake report and confirm accuracy of the information contained in the report
with the reporter, when possible.
(c) It is recommended all investigations be
teamed with law enforcement. In addition, the Department will immediately
contact the appropriate law enforcement agency for assistance and consideration
of criminal investigation or other action in cases including but not limited to
the following types:
(i) Reports regarding a
child who may have died as a result of abuse or neglect;
(ii) Reports in which imminent danger, sexual
abuse, or major injury to the child is suspected;
(iii) Situations necessitating the removal of
the child from the home.
(d) The investigative process may be modified
with the District Office Manager's written approval when the investigation is
conducted by law enforcement or at the request of law enforcement.
(e) In-person contact shall be immediately
attempted with the alleged victim and/or family when the report alleges any of
the following:
(i) All complaints involving
major injury;
(ii) Complaints
involving a child under the age of six (6);
(iii) Complaints involving children who are
suffering from acute untreated medical conditions;
(iv) Complaints alleging children are in
immediate need of food;
(v)
Complaints alleging in addition to abuse/neglect, the parent(s) or caretaker(s)
is psychotic, behaving in a bizarre manner or acting under the influence of
drugs or alcohol;
(vi) Complaints
alleging bizarre punishment or torture;
(vii) Complaints alleging in addition to
abuse/neglect, the child is suicidal;
(viii) Complaints involving
abandonment;
(ix) Complaints from
doctors and hospital emergency rooms concerning children under their
care;
(x) Self-reports from parents
who state they are unable to cope and feel they will hurt or kill their
children;
(xi) When it is likely
the family may flee the area;
(xii)
Cases in which the need for protective custody is indicated.
(f) The Department and/or law
enforcement shall make in-person contact with the alleged victim, alleged
perpetrator(s) and the child's caretaker(s).
(i) In-person contact is not required when
the Department has made a good faith attempt to contact the alleged victim,
alleged perpetrator, and the child's caretaker(s), but cannot locate them or
they refused to cooperate with the investigation.
(ii) If the Department is denied access to
the alleged victim, the Department shall request assistance from law
enforcement or the county attorney to gain access.
(g) Initial in-person interviews:
(i) The alleged perpetrator shall not be
present during the initial interview of the alleged victim.
(ii) During the initial in-person interview
with the child's custodial parent, legal guardian or legal custodian, the
Department shall inform them in writing that:
(A) A complaint has been received and of
their duty to investigate;
(B) The
investigation may involve law enforcement or the court if needed to protect the
child from further abuse/neglect.
(C) The name of the reporter cannot be
disclosed unless required by the Court.
(h) During the initial interview of the
alleged perpetrator, the Department shall inform the alleged perpetrator, in
writing, that:
(i) A complaint has been
received against them and the Department has the duty to investigate,
and
(ii) The investigation may
involve law enforcement or the court if needed to protect the child from any
further abuse or neglect.
(i) A safety assessment shall be completed
for each child and a safety plan initiated when appropriate.
(j) A risk assessment shall be completed for
each child.
(k) The Department may
take or obtain evidence pertaining to a report of abuse or neglect.
(l) Temporary protective custody:
(i) When a child has been taken into
temporary protective custody by law enforcement or a physician or hospital
medical staff and the District Office has been notified, the Department shall
make reasonable efforts to notify the child's parents, personal guardian, or
legal custodian of the action. The Department may obtain a medical examination
of the child and follow any recommended treatment;
(ii) The Department may request a temporary
protective custody order be issued by the court as provided by
statute.
(iii) When the Department
has custody of a child, the Department may transport and place the child in a
safe home or facility.
(m) The Department shall initiate a new
intake of abuse or neglect discovered during the course of the
investigation.
(n) If the
Department determines the facts do not meet the criteria set forth in Chapter
2, Section
4(c)(i)(ii)
(iii), but do meet the criteria set forth in
Chapter 2, Section
2(i)(ii), then the
Department may refer the report for assessment under Section
3
of this Chapter.
