Virginia Administrative Code (Last Updated: January 10, 2017) |
Title 22. Social Services |
Agency 40. Department of Social Services |
Chapter 705. Child Protective Services |
Section 80. Family assessment and investigation contacts
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A. During the course of the family assessment, the child protective services (CPS) worker shall make and record the following contacts and observations.
1. The child protective services worker shall conduct a face-to-face interview with and observe the alleged victim child and siblings.
2. The child protective services worker shall conduct a face-to-face interview with the alleged victim child's parents or guardians and/or any caretaker named in the report.
3. The child protective services worker shall observe the family environment, contact pertinent collaterals, and review pertinent records in consultation with the family.
B. During the course of the investigation, the child protective services (CPS) worker shall make and record in writing in the state automated system the following contacts and observations. When any of these contacts or observations is not made, the CPS worker shall record in writing why the specific contact or observation was not made.
1. The child protective services worker shall conduct a face-to-face interview with and observation of the alleged victim child and siblings. All interviews with alleged victim children must be electronically recorded except when the child protective services worker determines that:
a. The child's safety may be endangered by electronically recording his statement;
b. The age and/or developmental capacity of the child makes electronic recording impractical;
c. A child refuses to participate in the interview if electronic recording occurs; or
d. In the context of a team investigation with law-enforcement personnel, the team or team leader determines that audio taping is not appropriate.
e. The victim provided new information as part of a family assessment and it would be detrimental to reinterview the victim and the child protective services worker provides a detailed narrative of the interview in the investigation record.
In the case of an interview conducted with a nonverbal child where none of the above exceptions apply, it is appropriate to electronically record the questions being asked by the child protective services worker and to describe, either verbally or in writing, the child's responses. A child protective services worker shall document in detail in the record and discuss with supervisory personnel the basis for a decision not to electronically record an interview with the alleged victim child.
A child protective services finding may be based on the written narrative of the child protective services worker in cases where an electronic recording is unavailable due to equipment failure or the above exceptions.
2. The child protective services (CPS) worker shall conduct a face-to-face interview with the alleged abuser and/or neglector.
a. The CPS worker shall inform the alleged abuser and/or neglector of his right to tape record any communication pursuant to § 63.2-1516 of the Code of Virginia.
b. If requested by the alleged abuser and/or neglector, the local department shall provide the necessary equipment in order to electronically record the interview and retain a copy of the electronic recording.
3. The child protective services worker shall conduct a face-to-face interview with the alleged victim child's parents or guardians.
4. The child protective services worker shall observe the environment where the alleged victim child lives. This requirement may be waived in complaints of child abuse and neglect involving caretakers in state licensed and religiously exempted child care centers, regulated and unregulated family day care homes, private and public schools, group residential facilities, hospitals or institutions.
5. The child protective services worker shall observe the site where the alleged incident took place.
6. The child protective services worker shall conduct interviews with collaterals who have pertinent information relevant to the investigation and the safety of the child.
7. Pursuant to § 63.2-1505 of the Code of Virginia, local departments may obtain and consider statewide criminal history record information from the Central Criminal Records Exchange on any individual who is the subject of a child abuse and neglect investigation where there is evidence of child abuse or neglect and the local department is evaluating the safety of the home and whether removal is necessary to ensure the child's safety. The local department may also obtain a criminal record check on all adult household members residing in the home of the alleged abuser and/or neglector and where the child visits. Pursuant to § 19.2-389 of the Code of Virginia, local departments are authorized to receive criminal history information on the person who is the subject of the investigation as well as other adult members of the household for the purposes in § 63.2-1505 of the Code of Virginia. The results of the criminal record history search may be admitted into evidence if a child abuse or neglect petition is filed in connection with the child's removal. Local departments are prohibited from dissemination of this information excepted as authorized by the Code of Virginia.
Historical Notes
Derived from Volume 13, Issue 25, eff. January 1, 1998; amended, Virginia Register Volume 19, Issue 06, eff. January 1, 2003; Volume 25, Issue 11, eff. March 4, 2009.