6.6 Conducting Special Investigations on Public or Private Non-Residential Schools | CWS

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(6) Special Investigations

Policy Title:

Conducting Special Investigations on Public or Private Non-Residential Schools

Policy Number:

6.6

Previous Policy Number(s):

N/A

Effective Date:

December 2020

Manual Transmittal:

2020-10

Codes/References

O.C.G.A. § 15-11-30 Rights and Duties of Legal Custodian
O.C.G.A. § 15-11-125 Venue
O.C.G.A. § 15-11-133 Removal of Child from the Home; Protective Custody
O.C.G.A. § 15-11-150 Authority to File Petition
O.C.G.A. § 15-11-202 Reasonable Efforts by DFCS to Preserve or Reunify Families
O.C.G.A. §16-12-100 Sexual Exploitation of Children; Reporting Violation; Forfeiture; Penalties
O.C.G.A. § 19-7-5 (e)(f) Reporting of Child Abuse
O.C.G.A. § 20-2-730 Policies and Regulations on Use of Corporal Punishment
O.C.G.A. § 20-2-731 When and How Corporal Punishment May Be Administered
O.C.G.A. § 20-2-732 When Principal or Teacher not Liable for Administering Corporal Punishment
O .C.G.A. § 49-5-8 Powers and Duties of Department of Human Services
O.C.G.A. § 49-5-40 Definitions; Confidentiality of Records; Restricted Access to Records
O.C.G.A. § 49-5-41 Persons and Agencies Permitted to Access Records
45 CFR Parts 1355.38(a) (5), 1356.21(b) (3) (i), 1356.21(k), and 1356.67
Title IV-E of the Social Security Act Sections 471(a) (15) (D) and (a) (9) (c), and 475 (9)
Child Abuse Prevention and Treatment Act (CAPTA)
Adoption and Safe Families Act (ASFA) P.L. 105-89
Health Insurance Portability and Accountability Act (HIPAA) of 1996: P.L. 104-191
Indian Child Welfare Act of 1978 Final Rule (25 CFR Part 23)
Preventing Sex Trafficking and Strengthening Families Act

Requirements

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

Prepare for the special investigation to direct and focus case management activities.
Complete a special investigation involving a public or private non-residential school within 45 calendar days of the receipt of the intake report to:
1. Conduct a comprehensive assessment of the allegations of child abuse, including assessing child safety;
2. Take action when present or impending danger is identified; and
3. Determine whether child abuse is substantiated or unsubstantiated.
Conduct a joint investigation with law enforcement for all serious and/or complex reports of abuse as outlined by the local Child Abuse Protocol.
When the public or private non-residential school investigation involves a child death, near fatality or serious Injury (CD/NF/SI) also adhere to policy 6.7 Special Investigations: Conducting Special Investigations of Child Death, Near Fatality or Serious Injury.
Adhere to Health Insurance Portability and Accountability Act and confidentiality provisions outlined in policies 2.5 Information Management: Health Insurance Portability and Accountability Act (HIPAA) and 2.6 Information Management: Confidentiality/Safeguarding Information.
Keep the identity of the reporting source confidential (see policy 2.6 Information Management: Confidentiality/Safeguarding Information).
Analyze DFCS history to ensure a thorough assessment of child safety.
Use court intervention and/or request support from law enforcement to interview/observe a child in parental custody, when prevented from doing so, and safety cannot be assured (see policy 17.1 Legal: The Juvenile Court Process).
Conduct a private face-to-face purposeful contact with the alleged victim child(ren) within the immediate-24-hour response time to assess and address child safety.
Complete the Safety Assessment in Georgia SHINES within 72 hours of completing the initial response with the alleged victim child(ren).
Engage the following individuals at the school privately and face-to-face to discuss the maltreatment allegations and caregiver capacity and assess child safety. This includes the following individuals:
1. Alleged victim child(ren)
2. The alleged maltreater(s)
3. Other children who and witnessed the alleged maltreatment
4. Staff members who witnessed the alleged maltreatment
In consultation with the supervisor, based on the evidence gathered, determine if additional children and/or facility staff members are required to be interviewed face-to-face.

Inform the individual subject to a child abuse report (alleged maltreater) of the allegations made against him/her at the time of initial contact. Initial contact may be face-to-face or telephone.

The Social Services Case Manager (SSCM) must be certain he/she is speaking to the alleged maltreater. If the identity of the alleged maltreater cannot be confirmed, do not discuss specific allegations to protect the confidentiality of the family.

Conduct a visual assessment of alleged victim children to determine if any injuries or signs of maltreatment exist.
Observe the physical environment of the school to determine if it is safe and appropriate to meet the needs of each alleged victim child.
Make a safety determination in consultation with the Social Services Supervisor (SSS) prior to concluding each purposeful contact with the child, facility staff member, caregiver, and/or alleged maltreater; and take immediate action to control the identified safety threats if the child is unsafe.
Engage the parent(s) of the alleged victim child(ren) to discuss the child’s well-being status and care of the child at school.

This is also required when the child is in DFCS custody and termination of parental rights (TPR) has not occurred.
Engage collateral contacts who can provide relevant information for assessing maltreatment allegations, child safety and/or caregiver protective capacities.
Obtain, review, and analyze reports, professional evaluations and assessments, pictures and other physical evidence gathered during the special investigation.
Conduct a purposeful contact with the alleged victim children every 30 calendar days that the special investigation remains open.
Request state criminal history record information of adult facility staff members when criminal history may impact child safety, in accordance with policy 19.8 Case Management: Criminal Records Checks.
Afford all rights under the Indian Child Welfare Act (ICWA) to any child who is a member of a federally recognized Indian Tribe, or eligible for membership and has a biological parent who is an enrolled member and is subject to removal, placement and/or any other legal action involving DFCS to promote the stability and security of Indian Tribes and their families (see policy 1.6 Administration: Indian Child Welfare Act (ICWA) and Transfer of Responsibility for Placement and Care to a Tribal Agency.
Report to law enforcement immediately (no later than 24 hours) and refer the child to an available victim assistance organization, as certified by the Criminal Justice Coordinating Council when a child identifies as being a known or is a suspected victim of sex trafficking/sexual servitude. See Forms and Tools: Human Trafficking Case Management Statewide Protocol.

Immediately report any new known or suspected instances of child abuse to the CPS Intake Communications Center (CICC) as outlined in policy 3.24 Intake: Mandated Reporters.

This includes situations when investigating a public or private non-residential school and there is reasonable cause to suspect that a child in the legal custody of the alleged maltreater is being abused.

Conduct efforts to locate a family when they cannot be located or have moved to an unknown location in accordance with policy 19.21 Case Management: Unable to Locate.
Arrange individualized services for the alleged victim child and family, when a need is identified, to address the developmental challenges they are experiencing in their everyday life.
Make a special investigation determination in consultation with the SSS.
Conduct a multi-disciplinary staffing at least 48-hours prior to submitting the special investigation for closure.
Discuss the investigation determination with the alleged maltreater, School Principal/Designee, and parent(s) of any alleged victim child(ren), inform:
1. A written notice of the investigation outcome will be sent by mail; and
2. When the investigation is substantiated the notice to the maltreater will also include procedures for appeal if he/she disagrees with the decision.
This discussion is also required with the parent of a child DFCS custody when TPR has not occurred.
Provide written notification of the special investigation outcome to the required individuals and entities.
Document case activities in Georgia SHINES within 72 hours of the occurrence.

Procedures

Prepare for the initiating the special investigation as outlined in policy 6.1 Special Investigations: Preparing for Special Investigations.
Analyze DFCS history involving the alleged victim child(ren), the alleged maltreater(s), school staff, and the school in accordance with policy 19.10 Case Management: Analyzing DFCS History.
Contact the reporter, if known, when clarification or additional information related to child safety and/or the allegations of maltreatment is needed.
Conduct a joint investigation with law enforcement on all serious and/or complex reports of abuse as outlined by the local Child Abuse Protocol. For additional information see Practice Guidance: Joint Investigations with Law Enforcement in policy 6.1 Special Investigations: Preparing for Special Investigations.
Complete attempts to locate the alleged child victim(s) to assess child safety within the assigned response time, including but not limited to:
1. Visiting the location where the child is believed to be; and/or
2. Contacting persons that could help verify or help locate the child or family, including but not limited to family members, neighbors, childcare agencies, school system, law enforcement, and other agencies that may be involved with the family.
As other agencies, may have different timeframes for responding to such reports, DFCS staff must adhere to the DFCS assigned response times.
Conduct a private face-to-face purposeful contact with each alleged victim child within the assigned response time (see policy 6.2 Special Investigations: Purposeful Contacts in Special Investigations).
Notify the alleged maltreater of the child abuse allegations during the initial contact with him/her via telephone or through face-to-face contact.
Complete the Safety Assessment in Georgia SHINES within 72 hours of completing the initial response with the alleged victim child(ren).
Contact the School Principal/Designee to:
1. Discuss the special investigation process including the need to interview staff members, the alleged maltreater, and other children that attend the school; and
2. Request to review and obtain copies of the following (as applicable):
  1. List of all school staff and students who witnessed the incident;
  2. Witness statements related to the alleged maltreatment;
  3. Ratio of staff to children at the time of the incident and any staff logs or verification;
  4. Any videos/recordings of the alleged maltreatment;
  5. Any records of the alleged victim child(ren) maintained by the school including incident and/or behavior reports;
  6. Disciplinary actions involving the alleged maltreater;
  7. School policy related to the maltreatment allegations (ex: use of restraints, corporal punishment, supervision); and
  8. Training completed by the alleged maltreater concerning the maltreatment allegations (restraints and/or de-escalation techniques).
Engage the following individuals face-to-face and privately to discuss the maltreatment allegations and assess child safety in accordance with policy 6.2 Special Investigations: Purposeful Contacts in Special Investigations:
1. Alleged maltreater(s)
2. Other children who witnessed the alleged maltreatment
3. School staff members who witnessed or possess knowledge related to the alleged maltreatment
Conduct a visual assessment of all alleged victim children to determine if any injuries or signs maltreatment exist as outlined in policy 6.2 Special Investigations: Purposeful Contacts in Special Investigations.
Observe the physical environment of the school to determine if it is safe and appropriate to meet the needs of the child in accordance with policy 6.2 Special Investigations: Purposeful Contacts in Special Investigations.
Make a safety determination in consultation with the SSS prior to concluding each purposeful contact with the child, school staff member, and/or alleged maltreater in accordance with policy 19.11 Case Management: Safety Assessment. Take immediate action to control the identified safety threats if the child is unsafe:
1. Contact the legal custodian(s) and School Principal/Designee to inform of the safety determination. Gather information about the school’s plans to ensure immediate child safety (i.e. custodian picks child up from school, move child to different school, staff changes etc.); or
  
  The school is responsible for ensuring the safety of the child. DFCS safety plans are not applicable in a school investigation.
2. When the child is in the legal custody of DFCS immediately remove the child from the school setting.
Engage the parent(s) of the alleged victim child(ren):
1. Notify the parent(s) there is an allegation of abuse against their child;
2. Provide an update on the well-being of the child.
3. Gather information about the child’s care at the school where the alleged abuse occurred.
This is also required when the alleged victim child is in DFCS custody and TPR has not occurred.
Engage collateral contacts that are knowledgeable about the allegations of abuse, child safety and/or care of the child(ren) at the school in accordance with policy 19.16 Case Management: Collateral Contacts.
Consult with the SSCM with primary case management responsibilities when there is an active child welfare case to discuss the allegations of maltreatment, child functioning, and care of the child at the school.
Obtain, review, and analyze reports, professional evaluations and assessments, pictures and other physical evidence gathered during the special investigation.
Consult with subject matter experts as necessary (medical, behavioral health, DFCS staff, children’s advocacy center, etc.).
Make a special investigation determination in consultation with the SSS in accordance with policy 6.8 Special Investigations: Making a Special Investigation Determination.
Conduct the multi-disciplinary staffing at least 48-hours prior to submitting the special investigation for closure in accordance with policy 6.8 Special Investigations: Making a Special Investigation Determination.
Upon SSS approval of the investigation determination:
1. Engage the parent(s) of any alleged victim child(ren) to discuss:
  Investigation disposition (safety and maltreatment determination)
  
  A written notice of the investigation outcome will be sent by mail.
  
  When the investigation is substantiated the notice to the maltreater will also include procedures for appeal if he/she disagrees with the decision.
  
  Service provision (see policy 19.17 Case Management: Service Provision).
  
  This discussion is also required with the parent of any alleged victim child in DFCS custody when TPR has not occurred.
2. Engage the alleged maltreater to discuss:
  Investigation disposition (safety and maltreatment determination).
  
  A written notice of the investigation outcome will be sent by mail.
  
  When the investigation is substantiated the notice to the maltreater will also include procedures for appeal if he/she disagrees with the decision.
  
  Service provision (see policy 19.17 Case Management: Service Provision).
  
  When the alleged maltreater is a minor and the alleged victim child is not the minor’s biological child, have this discussion in the presence of the minor’s parent(s).
3. Engage the School Principal/Designee to discuss:
  1. Investigation disposition (safety and maltreatment determination).
  2. A written notice of the investigation outcome will be sent by mail.
  3. When the investigation is substantiated the notice to the maltreater will also include procedures for appeal if he/she disagrees with the decision.
  4. Service provision (see policy 19.17 Case Management: Service Provision).
Prepare the written notifications of the special investigation outcome in accordance with policy 6.9 Special Investigations: Notifications in Special Investigations.
Submit the special investigation in Georgia SHINES to the SSS for approval within 45 calendar days of the receipt of the intake report.

Social Services Supervisor

Assist the SSCM in preparing for the special investigation in accordance with policy 6.1 Special Investigations: Preparing for Special Investigations.
Consult with the SSCM after each purposeful contact with the alleged victim child, school staff member and/or alleged maltreater to:
1. Make a safety determination in accordance with policy 19.11 Case Management: Safety Assessment.
2. Discuss the school’s plan to ensure the safety of the child, when applicable.
3. Discuss any inconsistencies identified and follow up needed.
Review the Safety Assessment and make an approval decision in Georgia SHINES within 72 hours of submission by the SSCM.
In consultation with the SSCM identify relevant collateral contacts who will contribute to an understanding of the maltreatment allegations, child safety and/or the care of child at the Schools. See Practice Guidance: Collateral Contacts in a Public or Private Non-Residential School Investigation and policy 19.16 Case Management: Collateral Contacts.
Assess the sufficiency of services recommended when a need is identified in accordance with policy 19.17 Case Management: Service Provision.
Review documentation and professional assessments to provide guidance regarding the special investigation.
Make the special investigation determination in consultation with the SSCM in accordance with policy 6.8 Special Investigations: Making a Special Investigation Determination.
Ensure the multi-disciplinary staffing is conducted at least 48-hours prior to submitting the special investigation for closure as outlined in policy 6.8 Special Investigations: Making a Special Investigation Determination.
Review the submitted special investigation and make an approval decision in Georgia SHINES within 45 calendar days of receipt of the intake report.
Review and approve the special investigations outcome notifications in accordance with policy 6.9 Special Investigations: Notifications in Special Investigations.

Practice Guidance

Public and Private Non-Residential Schools

Public and Private Non-Residential Schools are Institutions for educating children.

Private Non-Residential Schools: Administered by internal policies. No requirements for accreditation, registration, licensing, or approval.
Public Non-Residential Schools: Administered by area, county, or independent boards of education (ex: Fulton County Schools, Buford City Schools). Local school districts are supported by Georgia Department of Education (DOE).

Collaboration in Special Investigations

Special investigation requires collaborating with both internal and external partners. Upon assignment of special investigation, the DFCS Investigator should conduct a joint investigation with law enforcement, when applicable. 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.

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

Facilitate an initial meeting to determine roles, responsibilities, investigative activities, benchmarks, and timeframes.
Follow up for all parties involved to answer any questions, provide timely feedback, and ensure the assigned tasks were completed.
Maintain regular contact with both internal and external partners assisting in the investigation.

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.

Assessment of Public or Private Non-Residential Schools

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 Public or Private Non-Residential School requires a comprehensive assessment of all alleged victim children, the alleged maltreater and caregivers in the school. This includes assessing safety, maltreatment, and service needs.

School 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 school 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 school investigation. This will allow a comparison of child functioning in the care of the parent and in the care of the school staff member(s). The information can help determine if a school staff member’s protective capacity impacted the alleged maltreatment at school.

Service Provision in a Public or Private Non-Residential School Investigation

When the assessment identifies needs of the children in the 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 the care of their parent(s) a new intake report is required.

Collateral Contacts in a Public or Private Non-Residential School Investigation

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

Other children who currently attend or previously attended the school.
Parent(s) of other children who attend or previously attended the school.
Persons who currently or previously worked or volunteered at the school (including any provider or school staff on duty at the time of the alleged incident).
Other persons, such as physical or speech therapists, food service personnel, etc., who may have information relevant to the allegations in the report and to the safety of the children at the school.

Corporal Punishment

No principal or teacher who administers corporal punishment to a pupil or pupils under his/ her care and supervision and in conformity with the policies and regulations of the area, county or independent board of education employing him/her, and in accordance also with this subpart shall be held accountable or liable in any criminal or civil action based upon the administering of corporal punishment where the corporal punishment is administered in good faith and is not excessive or unduly severe.

Per Georgia law (O.C.G.A. § 20-2-731) an area, county or independent board of education may, upon the adoption of written policies, authorize any principal or teacher employed by the board to administer, in the exercise of his sound discretion, corporal punishment on any pupil or pupils placed under his supervision in order to maintain proper control and discipline. Any such authorization shall be subject to the following requirements:

The corporal punishment shall not be excessive or unduly severe.
Corporal punishment shall never be used as a first line of punishment for misbehavior unless the pupil was informed beforehand that specific misbehavior could warrant its use; provided, however, that corporal punishment may be employed as the first line of punishment for those acts of misconduct which are so antisocial or disruptive in nature as to shock the conscience.
Corporal punishment must be administered in the presence of a principal or assistant principal, or the designee of the principal or assistant principal, employed by the board of education authorizing such punishment. The principal, assistant principal, or designee of the principal or assistant principal must be informed beforehand and in the presence of the pupil of the reason for the punishment.
The principal or teacher who administered corporal punishment must provide the child’s parent upon request a written explanation of the reasons for the punishment and the name of the principal or assistant principal or designee of the principal or assistant principal who was present, provided, however, that such an explanation shall not be used as evidence in any subsequent civil action brought because of the corporal punishment.
Corporal punishment shall not be administered to a child whose parents or legal guardian has upon the day of enrollment of the pupil filed with the principal of the school a statement from a medical doctor licensed in Georgia stating that it is detrimental to the child’s mental or emotional stability.

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