(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.