6.1 Preparing for Special Investigations

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(6) Special Investigations

Policy Title:

Preparing for Special Investigations

Policy Number:

6.1

Previous Policy Number(s):

N/A

Effective Date:

June 2021

Manual Transmittal:

2021-02

Codes/References

O.C.G.A. § 19-7-5 Reporting of Child Abuse (e)(f)
O.C.G.A. § 19-15-2 Protocol Committee on Child Abuse; Written Protocol
O.C.G.A. § 49-5-8 Powers and Duties of Department of Human Services
O.C.G.A. § 49-5-41 Persons and Agencies Permitted to Access Records
Adoptions and Safe Families Act (ASFA)
45 CFR Parts 1355.38(a) (5), 1356.21(b) (3) (i), 1356.21(d), 1356.21(k), and 1356.67
Title IV-E of the Social Security Act Sections 471(a) (15) (D) and (a) (9) (c), 472(a) (1), 472(f), and 475 (9)
Child Abuse Prevention and Treatment Act (CAPTA)
J.J. v. Ledbetter-Release of Information of Confidential Records
Health Insurance Portability and Accountability Act (HIPAA)

Requirements

The Division of Family and Children Services (DFCS) will:

  1. Provide notifications of the assignment of a special investigation to DFCS Units, as applicable, in accordance with policy 6.9 Special Investigations: Notifications in Special Investigations.

    CPS Intake Communications Center (CICC) shall provide notifications to the oversight authority upon assignment of a special investigation.

  2. Read and analyze the Intake Assessment to ensure a clear understanding of the maltreatment allegations and any safety threats.

  3. Review and analyze DFCS history.

  4. Conduct a supervisor staffing with the Social Services Case Manager (SSCM).

    The review of DFCS history and staffing may be delayed when an immediate response is required to ensure child safety.

  5. Adhere to the local Child Abuse Protocol. This includes determining the need and manner of response with law enforcement and/or the oversight authority and when a forensic interview is appropriate (see policy 1.15 Administration: Child Abuse Protocol).

  6. Provide notification to military (law enforcement and family advocacy program), of the Intake Report when the parent or guardian of the alleged victim child(ren) is on active duty in the Armed Forces of the United States in accordance with policy 3.25 Intake: Sharing Intake Reports with Law Enforcement, District Attorney or Military if notification was not provided by the CICC.

  7. Complete the Child Death, Near Fatality, Serious Injury (CD/NF/SI) report, as applicable in accordance with policy 6.10 Special Investigations: Reporting of a Child Death, Near Fatality or Serious Injury.

  8. Document the special investigation activities in Georgia SHINES within 72 hours of occurrence.

Procedures

Social Services Supervisor

  1. Review the Intake Assessment and any accompanying information and determine if the response time needs to be more immediate based on:

    1. Allegations of maltreatment

    2. Present or impending danger

    3. Safety screenings results

    4. Analysis of DFCS history (see policy 19.10 Case Management: Analyzing DFCS History)

  2. Coordinate with other County Departments that are involved with the case.

  3. Assign the case to an Investigator in Georgia SHINES.

  4. Conduct a staffing with the assigned SSCM and discuss the strategy for initiating the special investigation (see policy 19.6 Case Management: Supervisor Staffing) including:

    1. Having the SSCM identify the developmental stage(s) of the family (as applicable) and what specific task(s) the caregiver(s) may be having difficulty. See policy 19.2 Case Management: Family Developmental Stages and Tasks.

    2. The analysis of DFCS history and how it affects the task(s) the caregiver(s) may be having difficulty with.

    3. The need to contact another county/state to conduct the initial interview or observation of a child or adult within the response time when the child or adult is in another county/state.

    4. The need for a joint initial response with law enforcement and/or the oversight authority.

    5. The plan to assess child safety, if law enforcement has requested DFCS refrain from interviewing the alleged maltreater.

    6. The plan for the initial visit in accordance with policy 6.2 Special Investigations: Purposeful Contacts in Special Investigations.

    7. Possible safety intervention strategies that can be used to control present danger when initial contact occurs, including resources and other professional services or supports.

    8. Any effects or circumstances the child(ren) may be experiencing based on reported adult and/or child functioning.

    9. Potential collateral contacts (see policy 19.16 Case Management: Collateral Contacts).

  5. Inform the SSCM of availability during the initial contact for consultation and guidance.

Social Services Supervisor Manager

  1. Thoroughly review the intake assessment and any accompanying information and analyze the following:

    1. Allegations of maltreatment

    2. Present or impending danger

    3. Safety screenings results

      Complete any safety screenings not completed during the intake assessment in accordance with policy 19.9 Case Management: Safety Screenings.

    4. DFCS History

    5. The developmental stage(s) of the family, when applicable (see policy 19.2 Case Management: Family Developmental Stages and Tasks)

  2. Contact the reporter, if known, when clarification and/or additional information related to child safety and the allegations of maltreatment is needed.

  3. Review and analyze DFCS history in accordance with policy 19.10 Case Management: Analyzing DFCS History.

  4. Identify the developmental stage(s) based on the information available and the specific task(s) the family is having difficulty with (see policy 19.2 Case Management: Family Development Stages and Tasks).

    Family developmental stages and tasks are not applicable during a special investigation involving a residential facility, non-residential facility, or public or private non-residential school.

  5. Determine the need to contact another county/state to conduct the initial interview or observation of a child or adult within the response time when the child or adult is in another county/state.

  6. Determine the need for a joint initial response with law enforcement and/or the oversight authority (see policy 6.9 Special Investigations: Notifications in Special Investigations for a list of oversight authorities).

  7. Develop a plan for the initial visit in accordance with policy 6.2 Special Investigations: Purposeful Contacts in Special Investigations.

  8. Refer to the Intimate Partner Violence (Domestic Violence) Guidelines & Protocol in Forms and Tools for additional guidance if intimate partner violence/domestic violence (IPV/DV) is suspected or alleged.

  9. Refer to policy 19.26 Case Management: Case Management Involving Substance Abuse or Use for additional guidance if substance abuse is suspected or alleged.

  10. Refer to Human Trafficking Case Management Statewide Protocol in Forms and Tools for additional guidance when human trafficking (sex or labor) is suspected or alleged.

  11. Determine the need for interpretation services for non-English speaking individuals or auxiliary aids for sensory impaired individuals (see policy 1.5 Administration: Americans with Disabilities Act (ADA)/Section 504 and Reasonable Modifications).

  12. Identify possible collateral contacts (see policy 19.16 Case Management: Collateral Contacts).

    The reporter is not considered a collateral contact.

  13. Based on the information available if the parent/guardian of the alleged victim child(ren) is on active duty in the Armed Forces of the United States:

    1. Verify that CICC has provided notification of the intake report to military law enforcement and Family Advocacy Program.

    2. If the notification was not completed by CICC, immediately provide notification to the military (law enforcement and Family Advocacy Program) in accordance with policy 3.25 Intake: Sharing Intake Reports with Law Enforcement, District Attorney or Military.

  14. Participate in a supervisory staffing to discuss strategies for initiating the special investigation.

  15. Gather forms and other required materials (see policy 6.2 Special Investigations: Purposeful Contacts in Special Investigations for documents required when making contact with the family).

Practice Guidance

Child Abuse Protocol

Georgia law (O.C.G.A. §19-15-2) requires that each county establish a written Child Abuse Protocol (CAP) to be used in investigating and prosecuting cases arising from alleged child abuse. The purpose of the CAP is to ensure cooperation and coordination of investigative activities between all agencies involved in a child abuse case so as to increase the efficiency of all agencies handling such cases, in an effort to minimize trauma for the allegedly abused child and ensure that treatment is provided for the child, family and perpetrator. The CAP includes but is not limited to the following:

  1. Procedures to ensure that the protocols are followed by each agency in the county that handles child abuse cases.

  2. Circumstances under which law enforcement officers shall and shall not be required to accompany DFCS investigator when investigating reports of child abuse.

    In making this determination, the need to protect the alleged victim and to preserve the confidentiality of the report shall be considered.

  3. Procedures to be used in investigating and prosecuting cases arising from alleged child abuse.

  4. Procedures to be used when child abuse occurs in a household where there is family violence (e.g., between past or present spouses, persons who are parents of the same child, parents and children, or other persons living or formerly living in the same household).

  5. Procedures to be used in investigating and prosecuting cases arising from sexual abuse and exploitation.

  6. Methods used in coordinating treatment programs for the child, the family, and the perpetrator.

  7. Procedures to be followed concerning the obtainment and payment for sexual assault examinations.

Joint Investigations with Law Enforcement

Law enforcement[1] is the criminal investigative agency in the community and often must investigate the same incident, involving the same people, as DFCS. In many communities, this involves a parallel investigation where DFCS and law enforcement must work as a team and in collaboration with one another. The team approach to these investigations is more desirable as it allows both law enforcement and DFCS to avoid potential conflict and to improve investigative outcomes. Assistance or joint investigations with law enforcement is required for all serious and/or complex reports of abuse or neglect (including, but not limited to, sexual abuse, severe physical abuse, serious injury[2], child death, near fatality[3], and/or chronic, severe neglect) and should be conducted as outlined by the local Child Abuse Protocol. A joint investigation may include:

  1. Developing a plan to complete the investigation.

  2. Responding with law enforcement.

  3. Frequent and open communication, particularly at the following critical communication points:

    1. Completion of interviews;

    2. Filing a dependency petition;

    3. Prior to the return of the child victim to the home at any time during the life of a case;

    4. Prior to the return of an alleged maltreater to the home at any time during the life of a case;

    5. Reassessment of safety to include a change in the safety plan or change in placement; and

    6. Disclosure of information about the criminal conduct.

  4. Refraining or delaying an interview with the alleged maltreater due to a criminal case.

Requests by Law Enforcement to Refrain or Delay Interviewing Alleged Maltreaters

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. DFCS must initiate an assessment within the assigned response time. If law enforcement is not able to respond jointly within the response time established by DFCS, explain to the law enforcement agency that DFCS must proceed with assessing child safety.

Case Manager Safety

The SSCM should consider a request for law enforcement officers to go with them based on the location of the visit, the time of day/night, or the history of the subjects involved. Often 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. Additionally, law enforcement’s authority is more widely accepted than CPS authority. Law enforcement can also be called for assistance when it becomes necessary to remove children from their home. Law enforcement has the authority to take custody of children, when the legal requirements are met, without a court order.

Conflicts of Interest in Special Investigations

To avoid any conflicts of interest when working with a placement resource or family with prior DFCS history a special investigation could be conducted by an SSCM and SSS without primary case management responsibilities or from outside the county in which the home or resource is located. It is permissible for the County Department where the resource or home is located or with primary case management responsibilities to meet the response time to ensure child safety when a SSCM from the other County Department is not readily available.

Forms and Tools

A Guide to Gathering Information During Investigations
Human Trafficking Case Management Statewide Protocol
Infant Safe to Sleep Guidelines and Protocol
Intimate Partner Violence (Domestic Violence) Guidelines & Protocol

1. The Role of Law Enforcement in the Response to Child Abuse and Neglect, U.S. Department of Health, and Human Services, 1992.
2. Serious Injury means an injury such as bodily injury that involves substantial risk of death, extreme physical pain, disfigurement or prolonged loss or impairment of the function of a body part, organ, or mental capability. Examples include burns, head trauma, blunt trauma, internal bleeding, multiple bruising and contusions, lacerations of organs, broken bones, and amputation.
3. Near Fatality means an act that, as certified by a physician, places the child in serious or critical condition in accordance with CAPTA regulations. Once the child meets this criterion, then the allegation of “near fatality” should be marked along with any other type(s) of maltreatment.