5.1 Conducting an Investigation | CWS

Law enforcement is the criminal investigative agency in the community and is often investigating the same allegation as DFCS. When this is the case, CPS and law enforcement must work as a team to coordinate investigative activities. The team approach is desirable as it allows both law enforcement and DFCS to avoid potential conflict and to improve investigative outcomes. Joint investigations with law enforcement may be requested for all serious and/or complex reports of abuse or neglect (including, but not limited to, sexual abuse, severe physical abuse, serious injury, child death, near fatality, and/or chronic, severe neglect) and should be conducted as outlined by the local Child Abuse Protocol. A joint investigation may include:

In addition to joint investigations, DFCS also engages law enforcement when case managers must visit a potentially dangerous location and situation. Case managers should consider a request for law enforcement officers to accompany them based on the location of the visit being made, the time of day/night, or the history of the subjects involved. The presence of law enforcement during a case manager’s visit with a family has a stabilizing effect and thus helps to ensure the safety of all parties involved. When it is necessary to remove children from their home, law enforcement officers are often called upon for assistance. Law enforcement has general authority to take custody of children if the legal requirements are met.

Often, during an Investigation, there are discrepancies in information collected or there are conflicting accounts regarding the allegations of child abuse. It is important to resolve discrepancies or conflicts to ensure that the information gathered accurately supports the investigation determination. Some ways to address these situations include but are not limited to:

There are times when a criminal history check must be conducted for each adult in the household, such as during an emergency removal of a child placed the legal custody of DFCS but remaining in a placement household such as a relative, pending full approval. In these situations, a GCIC/NCIC criminal history records check must be conducted for each adult person in the placement household. Other instances when a criminal history check is warranted is when there is an indication that an individual who has a caregiving role for a child(ren) may have criminal history that impacts child safety; or when an individual’s behavior indicates he or she may be, or have been, involved in criminal activity that could impact child safety.

When a criminal history record check is requested, it is critical that DFCS follow guidelines established by the Office of Inspector General (OIG) and Georgia statutes. Pursuant to O.C.G.A. § 49-2-14, DFCS may receive from any law enforcement agency criminal history information, including arrest and conviction data and any and all other information which may be provided pursuant to state or federal law which is relevant to any adult person who resides in a home where children in the custody of DFCS have been or may be placed or which is the subject of a CPS referral, complaint or investigation.

When an intake report is received, an allegation code that corresponds to a maltreatment definition is assigned. This code is tied to the alleged victim, and should correspond to the specific allegations of maltreatment that are captured in the intake assessment. Sometimes, however, during the course of Investigation or Family Support Services (INV or FSS), new information is obtained that may or may not require a new intake report.

When completing an investigation, if the SSCM determines that the original maltreatment code that was assigned at intake is incorrect, then at the conclusion of the investigation, the original code should be unsubstantiated and the correct maltreatment code added on the allegation detail page in Georgia SHINES. A new intake report is not required in this situation, as the new maltreatment code that was added is applicable to the originally alleged victim child, the original person identified as the alleged maltreater, and the original allegations of maltreatment. If additional maltreatment codes need to be added that are related to the original incident that was reported, these codes may be added on the allegation detail page at the conclusion of the INV without making a new intake report.

EXAMPLE: At intake allegations of substance abuse were received concerning a mother and her baby. The allegation code of N3 was assigned based on the mother’s use of the illegal drugs and lack of supervision. During the course of the Investigation, the SSCM determined that the child tested positive at birth for illegal substances and was classified as affected by medical personnel. This was not known at intake. The allegations are related to the original report of substance abuse, and since the child tested positive at birth, now the maltreatment code of CE4-Prenatal Exposure applies and should be added along with the N3 code that was originally captured in the intake report.

During an FSS case, maltreatment determinations are not applicable, therefore, no maltreatment code adjustments need to be completed in Georgia SHINES. Documentation should denote the specific issues that the SSCM was working with the family on resolving related to the original maltreatment allegations made in the intake report.

In both FSS and INV when there is a new event or incident of maltreatment, then a new intake report must be made to the CPS Intake Communications Center (CICC) to capture the information. This also applies when a new or different child is determined to be a victim of a maltreatment regarding a different incident than was originally reported in the intake. This new report must occur so that the child is captured as a victim of abuse or neglect and a record of the incident captured. The new case that is created in Georgia SHINES can be merged upon the immediate safety of the new victim child being assured through the ISA process.

The same is true when a new maltreater is identified during the course of a CPS assessment (ISA, FSS or INV) related to a different maltreatment incident. The new CPS Intake will provide the record of the alleged maltreatment event, and the new malteater identified, and can also subsequently be merged into the existing case in Georgia SHINES.

EXAMPLE: A father is identified in an intake assessment as the alleged maltreater. The allegations reported from the school stated that the father is beating his child, leaving marks and bruises. During the course of the investigation, it is also discovered that the mother is using drugs and leaving all the children in the home unsupervised. A new intake report should be completed to capture the new allegations of N3-inadquate supervision and the different alleged maltreater (the mother). The two investigations can subsequently be merged in Georgia SHINES. In this situation simply adding a new maltreatment code cannot suffice due to the new/different “event” or “incident” that occurred. The allegations of inadequate supervision are completely independent of what was originally reported and they contain not only new allegations of maltreatment from a different reporter (the SSCM), there are also new victims (other children in the home) and a different maltreater (the mother), therefore a new intake report is required.

Law enforcement may request DFCS refrain or delay interviewing the alleged maltreater due to a criminal case. The SSCM still has a primary obligation to ensure child safety. In this situation open and clear communication with law enforcement is necessary so that each agency understands what is required.

When the alleged maltreater has access to the alleged victim child(ren) and a safety determination cannot be made without conducting an interview, communicate directly with law enforcement to coordinate the interview or to obtain a transcript of the interview conducted by law enforcement. When it is determined that the SSCM will not be conducting a separate interview with the alleged maltreater, a list of questions or information that is needed from the individual(s) can be provided to law enforcement to ask the during the interview.