4.2 Involving Law Enforcement and the State Technical Assistance Team
If a report is classified as an investigation, CD will immediately notify the appropriate local law enforcement agency to assist in the investigation. Staff should have agreements/protocols in place with local law enforcement agencies, which outline procedures to be followed in conducting co-investigations.
Current law requires the Division to co-investigate reports which, if true, would constitute a suspected violation of specific laws (RSMo 210.145.3(4) these laws are listed on the reverse side of the CPS Screening Classification Form – CS 27). In order to gain the best working relationship with law enforcement, staff shall develop local protocols with law enforcement and determine how they can best work together. During the initial contact with law enforcement, it may be decided that Division staff will begin the investigation and make a follow-up report to law enforcement, if needed. One example when Division staff and law enforcement may jointly decide that CD should proceed alone is that despite the presenting allegations, alternative information known to one party or the other indicates the report may be harassment.
The appropriate law enforcement agency shall either assist the Division in the investigation or provide, within 24 hours, an explanation in writing, detailing the reasons why they are unable to assist (RSMo 210.145.3(4)). Direct observation of the child(ren) shall not be delayed beyond 24 hours when waiting for law enforcement to respond. Staff will document the request for assistance on the CPS-1, Child Abuse Investigation/Family Assessment Summary, and file the written response from law enforcement in the case record, should law enforcement not assist.
NOTE: Do not delay conclusion of the CA/N report because the explanation has not been received from law enforcement.
Rationale for Joint Investigations
In those reports where both law enforcement and CD are mandated to do an investigation, teamwork offers several potential benefits, both to the child victim and to the professionals involved in the case. Coordinated responses can reduce the number of interviews a child undergoes. It can minimize the number of people involved in a case and avoid duplication of efforts. Teamwork can enhance the quality of evidence needed for trial. The transition from investigation to intervention can also be smoother (Findley, 1991; National Institute of Justice, 1991; Pence & Wilson, 1992). Other benefits of multidisciplinary investigation teams include:
- Direct communication and exchange of information;
- Skill improvement of team members because of sharing different perspectives (Skaff,1988);
- Enhance efficiency through joint investigation; and
- A joint investigation can also expedite treatment.
If a law enforcement official is available, arrange pre-interview conference to discuss complaint and plans for investigation. If a law enforcement official is unavailable or unable to conduct co-investigation, proceed with the investigation as required. A law enforcement official may join the investigation at any time during the process.
Methamphetamine Labs
For reports alleging the operation of a methamphetamine laboratory, proceed with locally identified law enforcement officials designated to conduct methamphetamine investigations. Staff should never enter a household that they have reason to believe may contain a methamphetamine laboratory. Trained law enforcement officials, DEA agents, or specified drug task force members are responsible for completing the criminal investigation. Completion of the CA/N investigation will occur simultaneously with the criminal investigation when possible. Local protocol should be established for responsibilities of each agency during the investigation of a home containing a methamphetamine laboratory.
Chapter Memoranda History: (prior to 1/31/07)
CS03-46, CS03-51, CD04-69, CD04-79, CD04-89, CD05-35, CD05-40, CD05-50, CD05-51, CD05-68,CD05-72, CD06-09, CD06-15, CD06-34, CD06-67, CD06-78