Section He-E 701.06 - Interviews(a) The investigator shall interview the alleged victim in person, regardless of his or her mental or physical condition, even if the alleged victim cannot communicate verbally, unless the circumstances do not allow for an in person interview. If circumstances do not allow an in-person interview, the investigator shall interview the alleged victim via any means that allows contemporaneous communication and protects the privacy of the alleged victim.(b) During the interview, the investigator shall: (1) Identify himself or herself and describe BEAS' responsibility to investigate in accordance with RSA 161-F:42-57;(2) Inform the alleged victim that a report of abuse, neglect, self-neglect, or exploitation has been received;(3) Not reveal the reporter's name, unless the reporter chose to allow disclosure of the reporter's identity pursuant to He-E 701.03(c);(4) Explain the role of the investigator and the purpose of the investigation;(5) Specify the allegation(s) and other concerns contained in the protective report and request the alleged victim's response;(6) Obtain information regarding the alleged victim's safety, functioning, and environment;(7) Inform the alleged victim that there might be a need to interview other individuals to complete the investigation, and ask for the names of any individuals whom the alleged victim identifies as someone who may have information; and(8) If the alleged victim has a guardian, inform the alleged victim that at the conclusion of the investigation the guardian will be notified about the investigation results.(c) The investigator shall request a face-to-face interview with the alleged perpetrator.(d) If the alleged perpetrator is a minor, the investigator shall:(1) Contact the alleged perpetrator's guardian to inform the guardian of the need to interview the minor; and(2) Offer the guardian the opportunity to be present at the interview, and if the guardian does not choose to do so, obtain written permission to interview the minor without the guardian's presence.(e) If the alleged perpetrator has a guardian appointed pursuant to RSA 464-A, the investigator shall contact the guardian to inform the guardian of the need to interview the alleged perpetrator, except under the circumstances described in He-E 701.03(j).(f) If the alleged perpetrator refuses to be interviewed or cannot be located, the investigator shall send a letter to the alleged perpetrator's last known address, requesting an interview.(g) If the alleged perpetrator has a guardian who refuses to allow his or her ward to be interviewed, the investigator shall notify the guardian by letter, sent by United States Postal Service first class mail that a determination shall be made without the alleged perpetrator's input.(h) If the alleged perpetrator cannot be located, or can be located but does not consent to be interviewed, the investigator shall proceed with the investigation and make a determination based on information available from the alleged victim, collateral contacts, written reports and records, and other relevant information or documentation.(i) When interviewing the alleged perpetrator, the investigator shall: (1) Identify himself or herself and describe the responsibility of BEAS to investigate in accordance with RSA 161-F:42-57;(2) Inform the alleged perpetrator that a report of abuse, neglect, or exploitation has been received;(3) Not reveal the reporter's name;(4) Explain the role of the investigator and the purpose of the investigation;(5) Specify the allegation(s) and other concerns contained in the report and request the alleged perpetrator's response;(6) Inform the alleged perpetrator that there might be a need to interview other individuals to complete the investigation, and ask for the names of any individuals whom the alleged perpetrator identifies as having information; and(7) Inform the alleged perpetrator that, at the conclusion of the investigation, the alleged perpetrator and the alleged perpetrator's guardian, if any, shall be notified about the investigation results, including information about due process and the BEAS state registry if applicable.(j) The investigator shall interview available collateral contacts who have pertinent information on the reported allegation(s), including, but not limited to, the following:(1) The individuals whom the alleged victim or the alleged perpetrator have identified as having information; and(2) Any other individuals who have come to the investigator's attention as having information regarding the allegations(s).N.H. Admin. Code § He-E 701.06
#5008, eff 11-27-90, EXPIRED: 11-27-96
New. #6867, eff 10-9-98; ss by #8727, INTERIM, eff 10-9-06, EXPIRED4-7-07
New. #8868, eff 4-19-07; (See Revision Note at Chapter Heading for He-E 700) #10179, eff 9-1-12
Amended by Number 15, Filed April 13, 2023, Proposed by #13600, Effective 3/24/2023, Expires 3/24/2033.