4.6.1 Purpose | 4.6.2 Contact Requirements for Pending Formal Investigations | 4.6.3 Notifications | 4.6.4 Conducting the Interview | 4.6.5 Interview Alleged Perpetrators/Maltreators | 4.6.6 Other Investigative Contacts | 4.6.7 Physicians | 4.6.8 Law Enforcement | 4.6.9 Other Professionals Involved with Child or Family | 4.6.10 Other Contacts (including witnesses identified by the family) | 4.6.11 Contacting Extended Family Members | 4.6.12 Waiver of Requirements to Contact Subjects | 4.6.13 Using Administrative Subpoenas
The formal investigation is conducted to:
The formal investigation is the full investigation and assessment process conducted once it has been determined that a good faith report exists. Moving from the Initial Investigation to the Formal Investigation is a smooth and barely discernible process occurring within the first 14 days of involvement. All investigative contacts made during the Initial Investigation are counted towards the required contacts that must be made during the Formal Investigation. Additional contacts and activities required by the allegation(s) are conducted to gather sufficient information needed to support a finding of whether abuse and/or neglect has occurred.
During the formal investigation, the CPSW will interview the alleged perpetrators, other adults/caretakers and verbal children in the home of both the alleged victim(s) and the alleged perpetrator's household. The CPSW will also interview mandated collateral contacts that may have information regarding the allegations contained in the report, including collateral contacts in other states. If the family or the subjects identify two or more possible collateral contacts, at least two must be interviewed either by telephone or in person. This includes witnesses who are able to corroborate the caregiver's account of the incident and/or the family's circumstances. In addition, the CPSW may re-interview any of the subjects who were interviewed as part of the initial investigation. The CPSW focuses on answering the following questions:
In case situations that involve domestic violence, substance misuse, serious harms, three or more prior indicated reports and/or sexual abuse, the CPSW must follow the step-by-step guidelines outlined in the DECISION TREES and PROTOCOLS relevant to the allegation and/or family situation. In all other case situations the CPSW with supervisory guidance must minimally do the following activities, if these were not completed during the initial investigation:
These activities are described more fully in the sections that follow.
During the Formal Investigation, the CPSW will have direct, in-person contact with all children in the alleged child victim's and perpetrator's household, other adults in the household, and the alleged perpetrator(s), if these contacts have not already occurred or if the supervisor in consultation with the worker, deems it appropriate.
Weekly safety assessments or well being checks shall be documented for all alleged child victims of a report for which a safety plan is in place, until the investigation is completed. This requires weekly in-person interviews with adults responsible for safety plans, as well as involved children. These assessments shall be documented on a CHILD ABUSE/NEGLECT INTERVIEW NOTES (CANTS 17-A).
The CPSW should have in-person contact with all adult members of the household in which the alleged child victim(s) and perpetrator reside. The following steps will help guide the interview process with adults in the household. The plan for ensuring the safety of the child may require the involvement of any or all of the adults in the household, including the alleged perpetrator, and the approach used by the CPSW is likely to have a large impact on the degree to which those individuals are willing to cooperate. Review the Engagement section in chapter two for additional guidance.
As outlined in the child interview, it is important for the CPSW to introduce himself or herself. Explain the reason for being there in a non-threatening way and provide a brief explanation for the visit. Be aware that how one says something is as important as what is said.
Plan to interview the person in a place that is private and where there will be no interruptions. This may help to reduce the interviewee's anxiety. The CPSW should explain the allegations and the potential "outcome" of the findings. Although the investigation is incomplete, the parent/guardian has the right to know, within the limits of confidentiality, what has happened and what has been determined thus far. If the parent signs a consent for release of information, other non-offending adults in the household may be informed of the outcome in order to assist with protecting the child. Full disclosure will also help develop a beginning level of trust and enhance the likelihood that the adult will cooperate with the agency in later interventions.
The parent/caretaker and/or alleged perpetrator must be given and explained the CANTS 8 Notification of a Report of Suspected Child Abuse and/or Neglect and 1050-54 "What You Need to Know About a Child Abuse or Neglect Investigation" Brochure. The letter(s) should be dated. The CANTS 8 should be given in-person. All appeal rights and processes need to be explained at this time. If someone other than the parent/caretaker perpetrated the alleged maltreatment, then both the child's parent/caretaker and the alleged perpetrator should receive the CANTS 8 and 1050-54 brochure. The handing out and explaining of the CANTS 8, 1050-54 brochure and explanation of appeal rights must be documented on a 17A.
When the alleged perpetrator is identified as employed or involved in activities that require frequent contact with children and the alleged incident occurred during his/her official duties, the employee's immediate supervisor must be notified.
Describe the allegation: Once the non-offending adult member of the household(Although the Cants I may identify someone else as a possible suspect, we should not exclude anyone as the perp until the investigation is completed) has expressed concerns and questions, the CPSW should give an explanation of what he or she knows about the allegation and the child's injury. Be prepared for denial or minimization as the allegation is often discounted. The CPSW normalizes the reaction and also presents, in a neutral way, the facts that refute a response of denial or minimization. While the CPSW is attempting to determine whether the allegations in the report are true, he or she is also attempting to enlist the aid of the adult in ensuring the child's safety.
Describe other information sources: In a very general way and unless it would compromise the investigation, indicate who else may be interviewed during the investigation. The limitations of confidentiality and the child's safety prohibit sharing more specific information. Obtain consents when necessary to talk to collateral sources such as the family's medical or mental health provider. Explain to the adult that the investigation is not completed and other interviews must be made with other individuals including the alleged perpetrator.
Observe the interviewee: As with children, it is important to observe the affect and behavior of the adult. Inconsistencies between words and affect can be an entree to further inquiry. Observations of behavior are important means of ascertaining critical safety and risk factors such as drug abuse, mental stability and capacity, anger management, ability to take care of children, etc. They are also clues as to the level of cooperation the CPSW can expect from individual family members. When an adult is inconsistent in words or affect, the CPSW may need to spend more time engaging the family in the assessment process.
Conduct the interview: Ask pertinent questions to ascertain what happened, where it happened, who was involved, who was present, when did it happen (date and time), how the incident occurred, and any information necessary to making a final determination.
Close the interview: Summarize the interviewee's understanding of the alleged abuse or neglect and the actions the non-offending adult will take to ensure the child's safety (as previously agreed upon). Use the adult's words in the summary to the extent possible. Assure the non-offending adult that he or she has done the right thing in talking and that the CPSW's job is to support and help through this process. That assurance must be followed by a continuously supportive role on the part of the CPSW consistent with ensuring the child's safety.
The CPSW must contact and interview the alleged perpetrator/maltreator. The contact must be made in-person. This contact must be made on the same day, not to exceed 24 hours after contact with the alleged child victim unless the investigation is being conducted jointly with law enforcement who has determined that the contact needs to be delayed for evidentiary purposes, and unless doing so compromises the child's safety.
Explain that the CPSW's role is to determine whether maltreatment has occurred and to protect children. Be clear that the CPSW's role is not one of law enforcement. Inform the alleged perpetrator, though, that information gathered may be shared with law enforcement.
If it is safe, the alleged perpetrator may be interviewed in the home although the CPSW may ask that he or she come to a more controlled place, such as the CPSW's office, if the CPSW feels endangered. In the vast majority of cases, there will not be a danger to the CPSW and the interview should take place in the home or in some other place in which the alleged perpetrator feels comfortable.
The following steps provide guidance for interviewing:
Make it clear that the CPSW is not a law enforcement officer and that the CPSW's tasks are to determine whether abuse or neglect occurred and to protect children.
If the alleged perpetrator refuses to be interviewed, the CPSW shall document his or her engagement efforts. The refusal shall be discussed with the CPSW's immediate supervisor for further actions to take.
Do not conduct an interview with an alleged perpetrator who is charged with an offense, in police custody or is incarcerated without having a police officer read the Miranda Warning immediately prior to the interview.
CPSWs, supervisors and managers are not to use polygraph results in determining whether to indicate an alleged perpetrator. Polygraphs are not reliable and the results are inadmissible in all legal proceedings. Department staff are not to request or seek polygraph results nor are they to consider any polygraph results which they may receive unsolicited.
Each allegation specifies who must be contacted in order to complete an investigation at each stage. Those required contacts include interviews with physicians, law enforcement authorities, teachers and childcare providers, other community providers, as well as people suggested by the subjects of the report. In addition, CPSWs should contact any person who can provide information relevant to the disposition of a case.
The allegations identify three separate categories of physicians who must be interviewed as part of the investigative process: those currently engaged in the care and treatment of a potentially maltreated child, the child's ongoing physician and those who may be consulted for second opinions. Because the physicians may have different information regarding the child, the focus of the interviews may be different. At a minimum the following information should be elicited and documented to insure a complete interview.
Physician(s) involved with current injury/condition:
A second medical opinion must be obtained when:
NOTE: The physician with the most relevant specialization and experience should be given the greatest regard.
Child's ongoing physician or physician who has seen child within the last nine months:
Some investigations may be jointly conducted with law enforcement authorities (state or local). Where available, these investigations must be coordinated with the Child Advocacy Centers if the circumstances within the investigation meet the particular center's criteria. In the event a joint investigation is not completed, the CPSW must contact the officers who participated in and/or completed the investigation. At a minimum the following information should be elicited and documented:
Often the evidence in an investigation may not meet the criteria for law enforcement to proceed with criminal charges. Law enforcement officers will inform the CPSW they are discontinuing or "dropping" their investigation. This shall have no bearing on the final determination of the investigation. The criteria in criminal investigations are not the same as child protective services. Although the case may lack sufficient evidence for law enforcement to pursue criminal charges, there may still exist sufficient evidence for an indicated determination. Thus, the CPSW must continue gathering information in accordance with applicable allegations and seek guidance from his or her immediate supervisor.
· More complete information can be located in Procedures 300.70 Referrrals to Law Enforcement and State's Attorney.
In order to complete a thorough investigation, it is necessary to interview professionals in the community who are involved with the family. Most of the allegations mandate interviews with community professionals. At a minimum the following information should be elicited and documented:
The allegations require CPSW to interview all identified witnesses who have knowledge of the incident/situation that led to the reported maltreatment. CPSWs must convey to the family that information in support of as well as that which refutes the allegation(s) will be considered when the final determination is made. Therefore, the CPSW must interview at least two corroborative witnesses identified by the family (if two or more are identified). At a minimum the following information should be elicited and documented:
The CPSW must make every effort to locate and interview extended family members, as they may have relevant information as it relates to care, harm, risk of harm, family dynamics, etc. Seek corroborative information about any safety factor concerns detailed on the CERAP and self-reported denial of underlying conditions (substance misuse, domestic violence, mental illness, etc).
The allegations and this practice guide permit waivers of contacts in some situations. Authorization by certain management staff will depend upon the description of the allegation and the nature of the waiver. The following allegations require a waiver at the Child Protection Manager's level (or higher, all others require a supervisor's waiver):
Although every effort must be made to see the child, some subjects or required contacts may refuse to cooperate. The Child Protection Manager or supervisor should cautiously review the description of the assigned allegation(s), the complete contents of the file and discuss the proposed waiver with the CPSW. Each must consider the ramifications to child safety/risk and the overall integrity and quality of the investigation if the waiver is granted. In essence, waivers should not be considered lightly.
The requirement regarding in-person contact with these subjects can only be waived if:
.
If it is decided that an administrative subpoena will be obtained, the supervisor or his or her designee will contact the Office of Legal Services or the Regional Attorney (depending on regional practices) to obtain the subpoena number. The following information needs to be provided to legal staff:
The DCP supervisor or designee shall have the subpoena notarized. Three (3) copies of the notarized original shall be made. The original and copies shall be disseminated as follows:
4.6.1 Purpose | 4.6.2 Contact Requirements for Pending Formal Investigations | 4.6.3 Notifications | 4.6.4 Conducting the Interview | 4.6.5 Interview Alleged Perpetrators/Maltreators | 4.6.6 Other Investigative Contacts | 4.6.7 Physicians | 4.6.8 Law Enforcement | 4.6.9 Other Professionals Involved with Child or Family | 4.6.10 Other Contacts (including witnesses identified by the family) | 4.6.11 Contacting Extended Family Members | 4.6.12 Waiver of Requirements to Contact Subjects | 4.6.13 Using Administrative Subpoenas