7.5.4.4  Child Care Facility

When child abuse or neglect is alleged to have occurred in a child care setting that has applied for a license, is licensed or registered in which it is confirmed that more than four (4) unrelated children are in care:

NOTE:  Child Care Licensing Representatives shall not participate in the investigation of exempt child care facilities.

1. Contact local child care licensing representative or Regional Child Care Supervisor and notify of report.  Request licensing representative to co-investigate.  This includes notification when the report is on the Child Care Provider's own child(ren).  Notify the licensing representative immediately if at any time during the investigation there is concern about the safety of the children in the family.
   • If licensing representative is available, arrange pre-interview conference to discuss complaint and plans for investigation.
   • If licensing representative is unable to assist in the initial investigation, document and proceed with the investigation as required.  The representative will notify the CSW as soon as possible, in order to join the investigation process.
2. Contact appropriate law enforcement agency in order to begin co-investigation if report alleges sexual abuse or other severe 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, proceed with investigation as required.  Law enforcement official may join investigation at any time during process.
3. Notify CD office in the county of jurisdiction, if child is in CD care and custody, at the time of report and of results of investigation.
4. Request CD office in county of jurisdiction to notify the Juvenile Court, if court has custody of subject child, of report, that an investigation is being conducted and of results of investigation.
5. Notify parents (of subject child) of the report and that an investigation is being conducted.  If parents indicate a desire to be present during child's interview, request parent to be present for pre-interview conference.

NOTE:  If parent will be present for the initial interview with the subject child it is recommended the interview be held in the child's home or a neutral non-threatening environment.  Do not unduly delay the investigation based simply on the wish of the parent to be present.

6. Notify Child Care Provider/ Applicant of the report and that an investigation is being conducted.
7. Complete investigation jointly with all co-investigators to gather relevant data.
• Interview victim, the interview may not take place in a child care facility building where the abuse allegedly occurred.
• Interview witness(es) named by victim.
• 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:  In regard to a child care center, using judgment, the CA/N investigator may request that the child care center administrator select the children to be interviewed.  However, the CA/N investigator may select the children if the administrator is an alleged perpetrator or otherwise compromises the investigation.

8. Arrange for a post-investigation conference to review findings.  Involve Child Care Licensing Representative in post-investigation conference even if not involved in actual investigation.  Under special circumstances, hold conference via telephone.  If CSW and Child Care Licensing Worker disagree on findings and basic facts, contact respective first line supervisors for input.
9. Notify local child care licensing representative or Regional Child Care Supervisor in writing, via a copy of the investigation report, of results within thirty (30) days.
   • A minimum report must include the following information:
     1. Nature of original CA/N report including form CA/N-1 and CA/N-4;
     2. Number of children being cared for by provider;
     3. Names of children who are subjects of report;
     4. A copy of the investigation including determination of the validity of report;
     5. Possible child care rule violations or other concerns found which may not be child abuse/neglect.

NOTE:  Violation of a Child Care Licensing rule does not necessarily constitute CA/N.  Final determination must be based on the legal definition of abuse and neglect found in 210.110 RSMo.

10. Receive a copy of the child care licensing representative's written report where there has been a joint investigation.
11. Notify law enforcement official of results of the investigation if he/she has been involved.
12. Notify parents (of subject child) and the alleged perpetrator of results of the investigation per the CS-21.
13. Notify child care applicant and/or provider of investigation results in writing with a copy to the licensing representative.
• The licensed child care home/center, child care license applicant or unlicensed child care setting is considered an alleged perpetrator when child care was being provided at the time of CA/N and the CA/N is caused by: actions and/or inactions, written or unwritten policies of the child care home/center.
• Submit copy of CS-21 to Child Care Licensing when child care home/center is the alleged perpetrator and/or when an employee on duty is the alleged perpetrator.
14. In the event that the CA/N finding is reversed or updated based on an administrative or judicial review, inform the licensing worker in writing.
15. Complete CA/N-1, CA/N-4, and CS-21.
• Send copy to case manager, when report was for child not in original county.
16. If an investigation was conducted by the Juvenile Officer and is inadequate or does not contain sufficient information to reach the specified determination, discuss this with the juvenile officer and receive additional evidence to support the findings.  If additional evidence is still inadequate, a decision contrary to the juvenile officer may be made and entered into the CA/N Information System.
17. Send the CS-21 when the alleged perpetrator is a CD employee/family member (if it is not sent by the Juvenile Officer).
18. When the child is in facilities licensed or contracted with DYS, DMH, or the Juvenile Court and is not in the custody of DYS, DMH, or the Juvenile Court, send a summary of the report to the Director of DYS or DMH or the Juvenile Officer.  The summary shall include the status, general findings, and the name of the alleged perpetrator.
19. Complete record of special investigation including recording of the steps outlined in this procedure within ten (10) days.