Section 930.60 - Preliminary Investigation(a) Receipt of Initial Report - It is the responsibility of the individual child protective official receiving the initial report to:(1) gather the pertinent facts,(2) conduct a preliminary assessment of the risk to the child(ren) involved and determine the priority and level of response;(3) coordinate response with other appropriate agencies;(4) make appropriate cross-reports as required in section 930.40 of this article.(b) Preliminary Assessment - the priority and level of response by investigative personnel to allegations of child abuse in out-of-home care facilities shall be determined by the: (1) nature and seriousness of the allegation(s);(2) present risk to the child(ren);(3) credibility of the allegation(s);(4) potential for loss and/or contamination of evidence;(5) number of victims involved;(6) need to protect the child care provider's rights and reputation in the community.(c) Coordination - the first responding official shall, when possible, notify child abuse investigators of the alleged child abuse prior to responding to the facility, in order to: (1) consider the need for surveillance;(2) consider the need for a search warrant;(3) consider the need for a multi-disciplinary team approach.(d) Initial Investigative Visit to the Facility.(1) Procedure - the first investigator at the facility where the abuse was alleged to have occurred shall complete, but not be limited to, the following action: (A) insure the safety of the children;(B) determine the number of children placed in the facility and the number of children present in the facility;(C) make an immediate visual inspection of the condition of the facility and personnel;(D) identify licensee, all employees and persons residing in the facility;(E) note the degree of cooperation by persons contacted;(F) conduct initial interviews.(2) Initial Interviews - The first investigator on the scene shall assess the risk to the child(ren) involved and determine whether a crime has been committed by observing and conducting initial interviews. The interviews shall be conducted using the techniques set forth in these regulations, section 930.61(e). The initial interviews shall be conducted with the following persons when appropriate:(G) director or administrator of the facility.(e) Evidence and Documentation - The investigator shall gather and preserve all evidence supporting and negating the allegation(s) of child abuse. The preliminary investigative report shall contain all documentation relevant to the truth or falsity of the allegations, and the credibility of the suspect and witnesses, including but not limited to:(1) statements of all parties and witnesses;(2) the investigator's own observations,(3) physical evidence noted and secured.(f) Identification of Suspect/Custody Considerations - The law enforcement officer shall seek to identify the suspect and determine whether or not to interview the suspect at the facility, as provided in section 930.61(e)(2) of these regulations. The officer shall also determine whether or not to take the suspect into custody as provided in section 930.51(b)(4) of these regulations.(g) Medical Examination - A medical examination shall be conducted on the child abuse victim(s) as follows:(1) Necessity - When serious abuse is suspected, or the child abuse victim is an infant, a medical examination shall be conducted as soon as possible after the initial report is made to a child protective agency by a physician licensed to practice medicine in California. In determining the proper time of the examination, the investigator shall consider the need for prompt diagnosis and treatment of injuries, and the prompt collection and documentation of any physical evidence. The exam shall be conducted by a physician who has received training in conducting child abuse examinations, or has had experience conducting child abuse examinations, if such a physician is available. (A) Multiple Victims - The investigator shall consider using more than one physician when possible, if there appear to be multiple victims who are alleged to have suffered sexual or serious physical abuse.(B) Sexual Abuse - Where the investigation involves allegations of sexual abuse, the investigator shall consider using, when possible, a physician who has also received training in child sexual abuse examinations.(2) Evidence - All evidence relevant to the alleged abuse, discovered in the course of the medical examination, including but not limited to, skeletal and dental x-rays, specimens, and blood samples, shall be collected and properly preserved.Cal. Code Regs. Tit. 11, § 930.60
1. New section filed 2-22-91; operative 3-24-91 (Register 91, No. 16).
2. Editorial correction of subsection (g)(1)(A) (Register 95, No. 14). Note: Authority cited: Sections 11174 and 11174.1, Penal Code. Reference: Sections 11164, 11166.1, 11166.2, 11166.3, 11167, 11167.5, 11168, 11169, 11170, 11171 and 11171.5, Penal Code, People v. Hitch (1974) 12 Cal.3d 641.
1. New section filed 2-22-91; operative 3-24-91 (Register 91, No. 16).
2. Editorial correction of subsection (g)(1)(A) (Register 95, No. 14).