6.5 Conducting Special Investigations on Residential or Non-Residential Facilities | CWS

Special investigation requires collaborating with both internal and external partners. Upon assignment of special investigation, the DFCS Investigator should communicate with and conduct a joint investigation with the oversight authority, when applicable. In addition, it may also be necessary to coordinate with law enforcement. Working collaboratively provides DFCS a liaison to assist in facilitating interviews, obtaining reports, videos, history, etc. The cooperation between agencies and disciplines also allows for different perspectives when gathering facts, as often the caregiver will tell different agencies different information. Sharing information obtained by each agency provides an opportunity to conduct a fully informed assessment of the incident and how to address any safety issues that are identified in partnership with stakeholders.

When the investigation involves a child with an active child welfare case, the DFCS Investigator should work collaboratively with the SSCM with primary case management responsibilities, who has direct knowledge about the child and family. The DFCS Investigator should consult with the SSCM to obtain insight into child functioning and care of the child at the facility to assist with making a safety and maltreatment determination.

During large facility investigations, it will be necessary to engage other DFCS staff to assist in conducting interviews of multiple alleged victims, facility staff members, witnesses, reviewing documents, tapes etc. In this instance, the DFCS Investigator should:

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.

Federal and state laws authorize DFCS to conduct investigations in situations extending beyond the traditional parent-child domain or home. A special investigation of a Residential and Non-Residential Facility requires a comprehensive assessment of all alleged victim children (in parental custody or in foster care) and facility caregiver(s). This includes assessing safety, maltreatment, and service needs.

Facility investigations demand that the SSCM evaluates caregiver protective capacities information differently than the traditional “in home” setting. Evaluating the alleged maltreater requires the SSCM to determine if the caregiver(s) exhibits the protective capacities needed to manage all children under his/her care. This means that not only are the vulnerabilities of the alleged victim child pertinent to the investigation, but other children under the care of the alleged maltreater must also be assessed to determine how their vulnerabilities impact the current situation. In addition, some facility settings use a team caregiving approach. In these situations, evaluating the alleged maltreater as a part of the caregiving team is also required.

It may be necessary to engage the alleged victim child’s household members to obtain information about child vulnerabilities and child functioning. Understanding how the alleged victim child functions in their home environment maybe critical in making a safety and maltreatment determination in a facility investigation. This will allow a comparison of child functioning in the care of the parent/guardian/legal custodian and in the care of facility staff member(s). The information can help determine if a facility staff member’s protective capacity impacted the alleged maltreatment at the facility.

When conducting an investigation involving a residential or non-residential facility the SSCM must assess which collateral contacts will contribute to an understanding of the situation and/or can provide information on the overall treatment of children at the facility. The usual collateral contacts may not be relevant for an out-of-home setting such as a residential or non-residential facility. For example, it may not help determine if maltreatment occurred at a day camp by contacting the victim child’s neighbors, as these persons may have no contact with the camp. Similarly, speaking to the child’s doctor about whether the child receives adequate medical care would not be relevant when the facility is not responsible for that care. On the other hand, it may be important for the SSCM to make certain collateral contacts in a residential or non-residential investigation that may not apply in a familial case. These may include:

Service provisions can be used to preserve placements for children in foster care, where no safety issues have been identified, to help the facility manage challenging tasks. When a need has been identified for a child in foster care, the DFCS Investigator should notify the Permanency SSCM during the special investigations 48-hour multidisciplinary staffing or sooner (if urgent) to arrange services in accordance with the policy 19.17 Case Management: Service Provision. Similarly, when the assessment identifies needs of the children in parental custody, service provisions are used to address any non-safety issues (ex: Babies Can’t Wait (BCW), Job Search, Supplemental Nutrition Assistance Program (SNAP), Medicaid, Childcare and Parent Services (CAPS), etc.). When there is safety concern related to an alleged victim child in care of their parent, guardian, or legal custodian a new intake report is required.

Although it is the responsibility of DFCS to ensure that a child’s needs are being met by his/her caregiver, children in foster care should not be subjected to unnecessary placement moves as each placement disruption is traumatic to the child and may result in emotional challenges. Therefore, the placement should not be disrupted unless the child is determined to be unsafe.

The major responsibilities of the Child Care Services’ division (CCS) of the DECAL include regulating the state’s childcare programs to ensure they are meeting basic health and safety requirements and supporting/helping programs to meet those requirements. Regulating childcare programs involves issuing an enforcement action when a program is not following current rules and regulations. The enforcement actions that may be used range from providing technical assistance to, in rare cases, license revocations. Regulation is part of DECAL’s legal authority. Enforcement Actions for a child care program can be located by conducting an enforcement action search on DECAL’s website at decal.ga.gov/EnforcementActions/Search.aspx.

A criminal history check maybe warranted during a special investigation when there is an indication that an individual who has a caregiving role may have criminal history that impacts child safety; or when an individual’s behavior indicates he/she may be, or have been, involved in criminal activity that could impact child safety.