Current through Register Vol. XLI, No. 50, December 13, 2024
Section 81-17-7 - Responsibilities of CPS7.1. With the formation of the special investigations unit within the State Police, the Legislature emphasized the need for law enforcement and CPS to work cooperatively towards a single goal of improving the welfare of the State's children. This intent involves the sharing of vital information so to make the combined efforts timely, streamlined, and unduplicated.7.2. Upon receipt ofCPSReport for Law Enforcement (CPS-0188) form, referrals shall be made to local law enforcement, other than the State Police, and the prosecuting attorney's office in the county where the abuse occurred for the following allegations:7.2.1. Serious physical injury suspected to be inflicted by a caretaking adult.7.2.2. Any sexual assault or abuse.7.2.3. A critical incident as defined by 2.6 of this Rule.7.3. Of the allegations listed in 7.2 of this Rule, the following require that information pertaining to these will be sent to the State Police within seven calendar (7) days;7.3.1. Any complaints of serious physical injury, sexual abuse or sexual assault allegations received pursuant to § 49-6A-2, Persons Mandated to Report Suspected Abuse and Neglect.7.3.2. Serious physical injury suspected to be inflicted by a caretaker.7.3.3. Any critical incident as defined by 2.6 of this Rule.7.4. When sending records to the State Police reference the allegations stated in 7.3. of this Rule, the following information is to be included; 7.4.1.CPS Report for Law Enforcement (CPS-0188) and,7.4.2. Any demographic information missing from the CPS-0188 and,7.4.3. The law enforcement agency investigating the referral and,7.4.4. County of the law enforcement agency investigating the referral and,7.4.5. Date of referral to the investigating law enforcement agency and,7.4.6. CPS caseworker and supervisor assigned to the referral and,7.4.7. Contact numbers for the CPS caseworker and the supervisor assigned to the referral and,7.4.8. If there were previous referrals on the maltreater, information on the previous referrals, including the total number of referrals, and the number of referrals pertaining to this current victim(s) and,7.4.9. If the referral is being tracked by a MDIT in the county and,7.4.10. If available, the contact names and numbers for all medical providers involved in this case.7.5. The information required in 7.4. of this rule may be forwarded to the local Troop Coordinator by utilization of the CPS-State Police GroupWise Account or another approved method of electronic submission. 7.5.1. The CPS-0188 plus the additional information listed in 7.4.2. through 7.4.10. shall be sent to the Child Abuse and Neglect Investigations Unit via GroupWise email at statepolice@wvhddr.org or by another approved method. 7.5.1.1. The subject title for the e-mail must list the date, CPS Referral, and the county where the incident occurred. (ex: 02-16-2008 CPS Intake Upshur County).7.5.1.2. To ensure that the e-mails are directed to the appropriate Child Abuse and Neglect Investigations Unit member, the county name must be included in the subject title and must be spelled correctly. This is essential as the e-mails are filtered according to the name of the county.7.6. If a CPS caseworker receives a referral or information on a case that requires an immediate response, such as a physical injury requiring hospitalization or for a critical incident, the CPS caseworker shall disregard the 7 calendar day reporting requirement and immediately contact their local law enforcement agency. 7.6.1. The CPS caseworker shall then contact the Communications Center of the State Police, located in South Charleston, WV, telephone number 304-746-2158 and request that the Child Abuse and Neglect Investigations Unit be contacted in their behalf.7.6.2. As the State Police may not be able to respond to all serious injury and sexual assault or abuse referrals, it is essential that the CPS caseworker notify local law enforcement of the incident.7.7. If contacted by a law enforcement officer requiring additional information or consultation, the county supervisor will be the point of contact and will aid in the coordination of information exchange or the scheduling and set-up of interviews.7.8. Conducting Interviews7.8.1. When dealing with investigations involving a referral to law enforcement, efforts shall be made to engage law enforcement in a joint investigation prior to conducting any interviews.7.8.2. Law enforcement shall take the lead in the questioning of family members and collaterals.7.8.3. CPS may take the lead in conducting the interview of any children, particularly child victim(s).7.8.4. CPS must foremost keep to the mandated time deadlines for investigation and assessment.7.8.5. Interviews shall occur in a neutral, child-friendly environment with video and sound recording capabilities, such a Child Advocacy Center, if available.7.8.6. If law enforcement is not immediately available to assist in the interview process and time is a priority, CPS may proceed with the interview of children and the non-maltreating parent. 7.8.6.1. Ensure needed safety responses are in place before conducting the interview(s).7.8.6.2. Immediately contact law enforcement to establish a date and time for the interview of the alleged maltreater that is within 72 hours for critical incidents and incidents of sexual abuse.7.8.6.3. If a joint interview cannot occur within 72 hours, CPS shall continue with their initial assessment in order to assure child safety and report the content of any interview to the appropriate law enforcement agency(ies) and the prosecuting attorney.7.8.7. When conducting courtesy interviews, the worker will adhere to CPS policy section 2.2 "Reports involving Requests from Law Enforcement".7.9. At the conclusion of an investigation that was referred to law enforcement, the caseworker will send a copy of the completed investigation to the investigating law enforcement agency, the State Police and the appropriate prosecuting attorney. 7.9.1. Safety assessments or safety plans are not to be included unless requested.7.10. CPS and law enforcement that also participate in locally established MDIT meetings can continue to exchange information already established during the course of a joint investigation.