7.5.4.1  Residential Facility/Child Placing Agency

When child abuse/neglect is alleged to have occurred in a licensed child caring/child placing agency, OHI worker shall:

1. Contact appropriate law enforcement agency in order to begin co-investigation if a report alleges sexual abuse, or other severe physical abuse/neglect.
• If law enforcement official is available, arrange pre-interview conference to discuss complaint and plans for investigation.
• If law enforcement official is not available or unable to conduct co-investigation, document and proceed with the investigation as required.  Law enforcement official may join the investigation at any time during the process.
2. Contact Residential Program Unit in Central Office and notify of report.  Request licensing representative to co-investigate.
• If licensing worker is available, arrange pre-interview conference to discuss complaint and plans for investigation.
• If licensing worker is unable to assist in initial investigation, document and proceed with investigation as required.  The licensing worker will notify CSW, as soon as possible, in order to join the investigation process.
3. Notify appropriate licensing agent if facility is licensed by another state agency.
4. Notify administrator of the child caring/child placing agency of the report and that an investigation is being conducted.
5. Notify CD office in county of jurisdiction, if the child is in CD care and custody, at time of the report and of results of investigation.
6. Request CD office in county of jurisdiction of the child to notify their Juvenile Court of report-if child is under Juvenile Court jurisdiction, that an investigation is being conducted and of results of the investigation.
7. Notify parents (of subject child) of the report and that an investigation is being conducted.
8. Notify Juvenile Officer in county of investigation, of impending investigation and of results of investigation.
9. Complete investigation jointly with all co-investigators to gather relevant data.
10. Interview victim.
11. Interview witness(es) named by victim.
12. In group situations, where not all children are listed as victims, request a representative sample, i.e., 10%, to avoid interviewing a large number of children.

    NOTE:  Using judgment, the CA/N investigator may request that the child caring/children placing agency administrator select the children to be interviewed.  However, the CA/N investigator may elect to select the children if the administrator is an alleged perpetrator or otherwise compromises the investigation.

    Related Subject:  Section 2, Chapter 4, Attachment B, Videotaping of CA/N Victim

13. Arrange for post-investigation conference to review the findings.  Involve Residential Licensing worker in post-investigation conference even if not involved in actual investigation.  Conference may be conducted via telephone if all parties can not meet in person.  If CSW and Residential Licensing Worker disagree on basic facts after post-investigation conference, contact respective first line supervisors for input.
14. Report results via the CS-21 to agency administrator, Child Care Licensing Representative, and Contract Management Unit (if under contract).
• Notify residential licensing, in writing, of findings including concerns or possible residential rule violations, which may not be child abuse/neglect.
• Submit copy of the CA/N report to Residential Licensing if report was on a licensed and/or exempt child caring/placing agency.
• The child caring/child placing agency is considered an alleged perpetrator when child care is given at the time of the CA/N and the CA/N is caused by: actions and/or inactions, or written and unwritten policies of the child caring/child placing agency.
• Submit copy of CS-21 to Residential Licensing when child caring/ child placing agency is the alleged perpetrator and/or when an employee on duty is the alleged perpetrator.
15. Notify parents (of subject child) and alleged perpetrator of results of the investigation per the CS-21.
16. Where there has been a co-investigation, the CSW will receive a copy of the residential licensing representative's written report.