8.1 CA/N Reports Interview with Students at School Setting When Parents/Guardians Named as Alleged Perpetrator
Division staff frequently find it necessary to interview students during the school day when an emergency situation may exist or when interviewing in the home setting would be inappropriate. Investigation workers should contact the school principal or designee prior to going to the school, when possible, to arrange the interview. Arrangements for interviews will be made to keep the disruption to a student’s schedule to a minimum.
The following points should be resolved with the principal/designee prior to the interview:
- Who will conduct the interview. The interviewer will be the Children’s Division (CD) Children’s Service Worker and/or the law enforcement officer (when involved), although the special needs of the child and his/her relationship with the school personnel may be taken into consideration. When law enforcement personnel are involved, they often take the lead in the interview.
- Who may be present in the interview. The number should be kept to an absolute minimum. A teacher, counselor, principal, nurse, etc. who has a relationship with the child may be present, if deemed necessary by the investigator and school administrator. School personnel participants should be limited to one person, and preferably someone with whom the child feels comfortable. The child’s ability to decide whom to have present should also be considered. Anyone present during the interview should be aware they could be served with a subpoena to testify in court. If there are concerns voiced by the school administrator about the process and format of the interviews, the school administrator has the ability to ask that the interview not take place on school grounds.
- Confidentiality mandates should be discussed. The confidentiality statutes concerning child abuse investigations are contained in Section 210.150 RSMo. The statute states that disclosure of information concerning the abuse and neglect is made only to persons or agencies that have a right to such information.
- Where and when the interview will be conducted. The interview must be in a private setting and, cause minimal disruption to the child’s schedule. The child’s right to privacy must be respected.
- Should parents initially be notified by school personnel or CD that an interview occurred at the school, and when should that contact occur? Missouri State Statute does not require the Division or law enforcement to notify the parent of the child prior to an interview of the child. When law enforcement is involved, the investigating officer takes the lead in deciding when and how to make contact with the family, especially if family members are the alleged perpetrators. If the CD Children’s Service Worker has not contacted the parents prior to interviewing the child, the worker is expected to notify the parents, as soon as possible, that the child was interviewed and shall inform the school of the outcome and the parents’ response.