4.3.1 Purpose | 4.3.2 Reviewing the Report | 4.3.3 Conducting the Records Check | 4.3.4 Communication Requirements | 4.3.5 Spanish-Speaking Families | 4.3.6 Contacting the Reporter, Source and Other Persons with Information | 4.3.7 Contacting Assigned Worker(s) | 4.3.8 Contacting the Guardian ad litem | 4.3.9 Initiating In-person Contact with Children | 4.3.10 Interviewing and Observing Children | 4.3.11 Good Faith Attempt to Initiate an Investigation | 4.3.12 Parental Notification | 4.3.13 Contacting the Alleged Perpetrators/Maltreators

4.3 The Initial Investigation

4.3.1 Purpose

During the initial stage of the investigation, the Child Protective Service Worker with supervisory consultation determines: 1) whether there is an immediate risk of harm to the child; 2) what interventions are needed to ensure the safety of the child; 3) if the information constitutes a good faith report of abuse or neglect; and 4) engages the family in a strengths-based assessment and intervention process. The safety of the child is paramount throughout the investigation.

The following information is required to ensure good faith report:

· There must be an abusive or neglectful incident or set of circumstances that caused the alleged harm or substantial risk of harm to the child.

· For abuse, the alleged perpetrator must be the child's parent, foster parent, guardian, immediate family member, any individual who resides in the same house as the child, the paramour of the child's parent or any person responsible for the child's welfare at the time of the alleged abuse (e.g., school teacher, day care worker, baby sitter, etc).

· For neglect, the alleged perpetrator must be the child's parent, guardian, foster parent or any person responsible for the child's welfare at the time of the alleged neglect.

The Investigation and all supporting documentation must be completed within 14 days.

An important function the CPSW performs is gathering information in order to make an accurate assessment of risk and safety. The CPSW gathers information in five ways:

NOTE: Investigative contacts and activities (attempted and completed) shall be documented on the proper forms (e.g. Child Abuse/Neglect Interview Notes) no later than the next business day following the contact, interview or activity.

In conducting the initial investigation, the following tasks should be completed in the order presented whenever possible.

4.3.2 Reviewing the Report

At assignment of a report, the supervisor and CPSW will meet or consult to review and discuss the CANTS 1, develop the initial investigatory plan and to review any applicable decision trees (See Appendix A) and/or Protocols (See Appendices B through H). The supervisory meeting will be documented on a Child Abuse/Neglect Interview Notes (CHILD ABUSE/NEGLECT INTERVIEW NOTES (CANTS 17-A)). In conducting this review, the supervisor and CPSW pay particular attention to the following points:

4.3.3 Conducting the Records Check

Prior to beginning the investigation (except in an emergency), the CPSW should ensure that all agency records checks have been completed and documented. If there is a prior history, a record review should be completed prior to unfounding an initial investigation, proceeding with protective custody or proceeding to a formal investigation. The record check should be conducted on all household members and other subjects regularly frequenting or living in the home.

4.3.3.1 Data Check

NOTE: If names are unknown at the time of the report, contact should be made with the subjects of the report. Names and other identifying information should be verified (via the review of driver's license or other state I.D.) and then agency checks must be completed with the known names. The records check should include all similar-sounding or similarly spelled names, known aliases, and maiden names. The possibility that a name has been misspelled or the first name/last name inverted also should be considered. Information from the data check is recorded on the CANTS 19 Data Sheet.

4.3.4 Communication Requirements

It is imperative that the CPSW be aware of any special communication needs such as language barriers or audio/visual impairments. If necessary, the CPSW must take steps to procure special services to facilitate communication with a family. It is important that safety and placement decisions are NOT made for the sole reason that the worker cannot communicate with the family.

During the intake process, the call floor worker gathers as much information as possible from the reporter concerning the family, including information about the family's need for special communication services. In some instances, the CPSW will have information regarding the special communication needs of the family as documented on the CANTS 1 received from the SCR. Every effort should be made to arrange to have an interpreter present at the first contact with the family.

If this information is not known in advance, and the CPSW upon initial contact with the family learns that there are special communication needs, the CPSW will:

If an interpreter is used, he/she must agree to respect the confidential nature of the investigation. Under no circumstances should a child, family member or friend be used as an interpreter in an investigation. A child, family member or friend may only be used to assist the CPSW with the identification of the family's primary language or method of communication.

During all stages of the investigation when conducting interviews with limited/non-English speaking persons or individuals with audio/visual impairments, the Department shall facilitate effective communication between the CPSW and subjects of the report by:

1) assigning an investigator who has demonstrated the ability to communicate in the language (foreign or sign) of the subjects, or

2) procuring the services of an interpreter who has agreed to respect the confidential nature of the investigation prior to any investigative activity when a limited/non-English speaking or hearing impaired person will be interviewed.

Note: Under no circumstances may family members, subject of the report, or friends be used as interpreters. Children may never be used as interpreters to conduct investigative activities, but may assist in determining the parents' language of preference.

If a child is at imminent risk of harm and there is absolutely no means of communicating effectively with the child and family (i.e., no bilingual CPSW or interpreter is unavailable and there is no telephone to call for interpreter assistance or to call the AT &T Language Line), the child may be taken into protective custody. The investigator shall return to the home with an interpreter as soon as possible. In these instances the imminent risk of harm must exist independently of the CPSW's inability to communicate with the family. Essentially, protective custody shall not be taken for the sole reason that the worker cannot communicate with the family.

Additional information on response to communication needs of families during the initial investigation can be found in Procedures 300.100; 302, Appendix L; and 302, Services Delivered by the Department, Section 302.30.

4.3.5 Spanish-Speaking Families

The Burgos consent decree requires that DCFS provide services in Spanish to Hispanic clients whose preferred language is Spanish. Hispanic is defined as any persons of Puerto Rican, Mexican, Central, South American or other Hispanic origin. Therefore, the following procedures are to be followed whenever child abuse or neglect reports and investigations involve persons of Hispanic origin:

4.3.6 Contacting the Reporter, Source and Other Persons with Information

If the reporter's name and phone number are known, the initiating CPSW always attempts to re-contact the reporter prior to beginning the investigation to confirm reported information and to obtain additional information. If unsuccessful, the assigned CPSW must continue attempts to contact the reporter until successful. If safety factors have been noted by the CFW, the CPSW must fully explore them with the reporter and incorporate them in the initial CERAP assessment.

Remember to ask all reporters whether there is anyone else who knows about the family's situation. If the reporter is a MANDATED REPORTER, he or she will need to complete the CANTS 4/5. Explain to them that the CPSW will be back in touch with them at the conclusion of the investigation to review the recommended final finding. The commencement of the investigation should not be delayed if the reporter cannot be reached.

The CPSW must contact all people listed as "Source" and "Other Persons with Information" (OPWIs). The contact and documentation must focus on the quality of the information, the credentials of the collaterals, knowledge of the family and the situation being investigated.

If the family or the subjects identify two or more possible collateral contacts, at least two must be interviewed either by phone or in person. This includes witnesses who may be able to provide information about the family's circumstances and/or corroborate the parent's account of the incident. The interviews shall be documented on the Child Abuse/Neglect Interview Notes (CHILD ABUSE/NEGLECT INTERVIEW NOTES (CANTS 17-A)).

Whenever the CPSW learns that collaterals have information suggesting that a child is at risk of serious or increased harm, the CPSW must contact those collaterals immediately but no later than 48 hours (two business days) of case assignment or when the information becomes available. The supervisor must approve any delays in contacting collaterals and document the approval on a Child Abuse/Neglect Interview Notes (CHILD ABUSE/NEGLECT INTERVIEW NOTES (CANTS 17-A)).

4.3.7 Contacting Assigned Worker(s)

For the purposes of this chapter, the DCFS intact, permanency or POS worker assigned to the family shall be referred to as the permanency worker. When a subsequent oral report is received on an open case, the CPSW consults with the permanency worker and/or supervisor immediately following assignment of the investigation. If this is not immediately possible, the contact must occur on the next business day. Information should be sought about the provision of current services, family functioning and any other family dynamics that may impact the safety and risk to the child. Every effort should be made for the CPSW and the permanency worker to make the initial contact with the family together. That decision should be based on:

· whether a joint visit will compromise the integrity of the evidence

· the request of law enforcement,

· whether it is likely to increase the receptivity of the family to cooperate with the investigative and assessment processes.

When the CPSW and permanency worker work together, the family will be engaged more readily in the interventions needed to keep the child safe. In addition, joint contact ensures continuity of response and accurate communication. The CPSW must attempt to contact the permanency worker before initiating the report but the initiation should not be delayed if the worker is unavailable.

Telephone or in-person contacts to the assigned permanency worker/supervisor to discuss the case will occur at the following intervals:

Telephone and/or in-person contacts will be documented on the Child Abuse/Neglect Interview Notes (CHILD ABUSE/NEGLECT INTERVIEW NOTES (CANTS 17-A)).

The CPSW and permanency worker will review case information to determine the presence of additional issues and discuss the recommended finding. There may be a difference in professional opinion between the permanency worker and CPSW as to the best method(s) to insure safety. In circumstances such as these, if differences cannot be resolved at the supervisory level, the issues need to be referred to the Child Protection Manager who is the final arbiter. As always, insuring safety is paramount.

When a report is under investigation and it is learned that a simultaneous investigation is being conducted, the CPSWs shall confer with regard to the status of the pending reports, any safety plan implementation, current services being provided, family functioning and other family dynamics. This shall also be the practice if the assigned CPSW is different than the initiating CPSW and if a sequence has recently been completed.

4.3.8 Contacting the Guardian ad litem

If any child subject of the report is a ward of the State of Illinois, the CPSW shall contact the child's guardian ad litem (Policy Transmittal 2000.06) to notify them of the new report and elicit any information that may pertain to the report. The interview shall be documented on a CHILD ABUSE/NEGLECT INTERVIEW NOTES (CANTS 17-A). The assigned guardian ad litem shall be informed of the finding and any requests for the file shall be respected according to policy.

4.3.9 Initiating In-person Contact with Children

In-person contact for the purpose of assessing risk and/or safety with all alleged child victims must be made within 24-hours of the date and time the report was taken at SCR. In emergency situations all alleged child victims must be seen immediately. This contact may be made either in the child's home environment or at another location. In situations where a child is alleged to be harmed or at risk of harm and the primary caregiver is NOT the person causing the harm or risk, then the primary caregiver should be contacted and arrangement made to interview the child. In some situations (see Rule and Procedure 300.80), the police may initiate the investigation. Delegating the initiation of the investigation does not absolve the CPSW of the responsibility for assuring the safety of the alleged child victim, interviewing the alleged child victim during the course of the investigation and meeting all investigative and documentation requirements.

Determining the location in which to contact the alleged child victims will depend upon the following:

When a child is seen outside their home environment, without their parent/guardian, the CPSW must make every effort to immediately notify the parent/guardian of the contact, arrange for the completion of the CERAP and document their effort on a CHILD ABUSE/NEGLECT INTERVIEW NOTES (CANTS 17-A) is required.

4.3.10 Interviewing and Observing Children

While conducting the interview, be aware of clues the child may be giving and adapt each interview to the particular characteristic of the child. In order to conduct a good, thorough first interview, it is crucial that the CPSW gather as much information as possible from the child while being sensitive to the child's feelings and level of comfort. Collecting detailed, comprehensive information at the first interview may minimize the need for further interviews with the child. When necessary and appropriate, the CPSW should use Child Advocacy Centers (CAC) for assistance.

4.3.10.1 Interviewing the Child

When interviewing children, the following types of questions should be used:

4.3.10.2 Verifying Injuries

The CPSW will attempt to verify injuries on all alleged child victims in accordance with Procedures 300.100, C) Observation of the Child, I) External Marks/ Injuries.

SPECIAL NOTE: A basic guideline to remember is that there shall always be a parent/guardian or other professional person, preferably of the same sex as the child, present when an investigative worker observes a child, regardless of the child's age.

4.3.10.3 Verifying External Injuries

The child must be observed in order to determine if the alleged external marks or injuries (e.g., cuts, bruises, welts, burns, scratches, and sores) that may have been caused by abuse or neglect are in fact present. The CPSW must have reasonable cause to believe that an observation will reveal marks/injuries and/or the alleged perpetrator is identified as the parent's paramour.

When a stranger observes a child's body, it can be frightening to the child. While observing the child, it is important to be clear with the child, speaking calmly and confidently about the process. As the CPSW observes the child's body, he or she should tell her what is happening and what is seen. Always ask the child to explain how the injury might have occurred. The CPSW should be sensitive to the child's needs to engage in conversation with him or her, to be quiet, to be reassured, etc. Despite the worker's best efforts, some children's discomfort level may preclude observation by the worker. This should be documented and consideration given to a medical practitioner observing the child.

Parents may be reticent about having their child observed. Their fear and reluctance may be picked up by the child and exacerbate an already anxious situation. Parents need to know what is happening, why it is happening and how they can help their children. The CPSW should enlist the parents' aide in the removal of the child's clothing. Explain the observation in a rational and descriptive manner. Every interaction with the child and the parents has an impact on the degree to which the family will become engaged in the assessment and intervention processes, and ultimately in ensuring the child's safety. It is important for the CPSW to ensure that all interactions draw the family into those processes.

Procedures 300.100 guide efforts to observe these marks and injuries on children. If, during the course of observing a child, the CPSW is led to believe that there are other marks or injuries on another part of the child's body, the CPSW may observe that part of the body if the observation is in compliance with Procedures 300.100. All CPSW's observations of these injuries must be documented on CANTS 2a or 2b. In addition, photos should be taken. All photos must be labeled according to DCFS Procedure 300.110, p. 12 (see below). In addition, detailed description (e.g., color, shape, size, open sore, raised, etc.) of any noted injuries must be documented on the CANTS 2a and 2b (Body Chart).

If a child is age six or above, only CPSWs who are of the same sex as the child may observe that part of the body that would normally be covered by a bikini bathing suit. Under no circumstances shall the CPSW view the genitalia and anus. The CPSW may view the child's buttocks for injury.

CPSWs must document efforts to obtain parental or guardian consent to observe the child for marks or injuries when a piece of clothing must be removed or adjusted. These efforts shall include but are not limited to:

If the child's parent refuses to cooperate or allow the investigative worker to observe the child for external marks/injuries, the investigative worker shall inform the parent that pursuant to 325 ILCS 5/7.5, the worker has the responsibility to observe the child. The worker shall then offer the parent/guardian the following options:

If the parent/guardian refuses to cooperate and the investigative worker determines that the child is in imminent risk of harm if left in the custody of the parent/guardian, the investigative worker will contact the designated MSW supervisor for protective custody consultation. With approval, the worker may take the child into temporary protective custody and proceed to have the child examined by a physician.

If the child is not at imminent risk and the parents refuse to cooperate, the investigative worker may not take temporary protective custody and may not observe the child's body. Document a subsequent supervisory conference regarding efforts to obtain cooperation, parent's refusal and the resulting actions to be taken by the CPSW on a CHILD ABUSE/NEGLECT INTERVIEW NOTES (CANTS 17-A)

4.3.10.4 Verifying Internal Injuries

The CPSW shall not attempt to diagnose internal injuries. If internal injuries are suspected, the CPSW shall strongly recommend to the parents that they obtain immediate medical diagnosis and treatment for the child. If the parents refuse to obtain medical attention for the child, the CPSW shall consult with his/her supervisor regarding taking temporary protective custody in order to obtain the necessary medical diagnosis and treatment. If a child has been examined by a physician who subsequently verifies internal injuries, the CPSW shall obtain parental consent to obtain the necessary documentation. Every attempt must be made to arrange for the parent's consent through the means mentioned above and to have the parents present during the examination. However, attempts to locate the parent must not delay medical treatment.

4.3.10.5 Verifying Sexual Abuse

The CPSW shall never attempt to verify by personal observation or attempt to independently diagnose sexual abuse.

4.3.10.6 Using Photographs, X-rays, Videotapes and Audiotapes

When a child is the alleged victim of a CA/N report, the CPSW should take or obtain photographs of injuries or of a child's environment, particularly when these will provide good physical evidence of the maltreatment and will substantiate an investigative finding. Parental consent must be obtained before making a videotape or audiotape of a child. The form to obtain consent is the CFS 600-3 Authorization for Release of Information. If the CPSW does not have access to a camera, assistance may be requested from the local law enforcement agency or hospital staff.

All photographs, videotapes and/or audiotapes should be fully labeled with the following information:

The photographer (including DCFS staff) signs the label. The CPSW may use photographs in addition to the CANTS 2A/B Suspected Abuse/Injury Note sheet but not in place of this form.

X-rays can only be authorized by a physician as part of the physical examination or treatment of a child who has been alleged to have been abused or neglected.

CPSWs must notify parents that the Department has the right to obtain photographs and X-rays. Whenever possible, the parents' consent to and involvement in obtaining photographs and X-rays should be obtained.

Additional information on photographs and X-rays may be found in Procedures 300.110, The Formal Investigative Process.

4.3.11 Good Faith Attempt to Initiate an Investigation

CPSWs have the requirement of initiating a CA/N investigation within 24 hours of the receipt of the report by establishing direct, in-person contact with all alleged child victims or by a good faith attempt to establish contact. The following circumstances constitute a "Good Faith Attempt" to initiate an investigation:

4.3.12 Parental Notification

Every attempt should be made to contact and interview the child's parents as soon as possible (on the same day, not to exceed 24 hours) after the conclusion of the interview with the alleged child victim, unless at the request of law enforcement. The parent should be advised of any further action the CPSW anticipates taking on behalf of the child. During the initial interview with the parent, the CPSW should ask the parents about any collateral contacts that may need to be interviewed.

In the event the child supplies information that supports the allegation(s) under investigation but the child is not considered to be unsafe, the CPSW interviews the parent, informs them that the investigation will be ongoing and completes the CERAP (see next section). During the meeting with the parent, the CPSW must identify and describe the safety factors in question and discuss mitigating factors and family strengths that decrease risk of harm to the child. If in spite of these circumstances the CPSW determines that the child continues to be unsafe, the CPSW must develop a safety protection plan. If it is necessary to take protective custody, every effort must be made to contact the parents immediately and advise them of the protective action and impending court action.

4.3.13 Contacting the Alleged Perpetrators/Maltreators

For an Initial Investigation only, within seven days, the CPSW must establish contact with the parent(s)/caretaker(s) of the alleged child victim(s) and the alleged perpetrator(s), if different from the parent/caretaker either in person or by telephone. If the alleged perpetrator/maltreator and the parent(s)/caretaker(s) are the same, they must be interviewed in person as soon as possible or within 24 hours. If contact cannot be made, the CPSW must show a good faith attempt and document on the 17A. When the investigation is being coordinated with law enforcement, the contact may be delayed at law enforcement's request so as not to compromise the investigation. However, child safety is paramount and remains the responsibility of the CPSW. Safety shall not be jeopardized by the delay. Any requests by law enforcement are to be documented on a CHILD ABUSE/NEGLECT INTERVIEW NOTES (CANTS 17-A).

4.3.1 Purpose | 4.3.2 Reviewing the Report | 4.3.3 Conducting the Records Check | 4.3.4 Communication Requirements | 4.3.5 Spanish-Speaking Families | 4.3.6 Contacting the Reporter, Source and Other Persons with Information | 4.3.7 Contacting Assigned Worker(s) | 4.3.8 Contacting the Guardian ad litem | 4.3.9 Initiating In-person Contact with Children | 4.3.10 Interviewing and Observing Children | 4.3.11 Good Faith Attempt to Initiate an Investigation | 4.3.12 Parental Notification | 4.3.13 Contacting the Alleged Perpetrators/Maltreators