Section He-E 701.06 - Interviews(a) The investigator shall interview the alleged victim in person, regardless of his or her mental or physical condition, even if the alleged victim cannot communicate verbally.(b) During the interview, the investigator shall:(1) Identify himself or herself and describe BEAS' responsibility to investigate in accordance with RSA 161-F:42-57;(2) Inform the alleged victim that a report of abuse, neglect, self-neglect or exploitation has been received, except that the investigator shall not reveal the reporter's name;(3) Explain the role of the investigator and the purpose of the investigation;(4) Specify the allegation(s) contained in the protective report and request the alleged victim's response;(5) Obtain information regarding the alleged victim's safety, functioning, and environment;(6) Inform the alleged victim that there might be a need to interview other individuals in order to complete the investigation and ask for the names of any individuals whom the alleged victim identifies as having information; and(7) If the alleged victim has a guardian, inform the alleged victim that at the conclusion of the investigation, the guardian will be notified about the investigation results.(c) The investigator shall request a face to face interview with the alleged perpetrator.(d) If the alleged perpetrator is a minor, the investigator shall:(1) Contact the alleged perpetrator's guardian to inform the guardian of the need to interview the minor; and(2) Offer the guardian the opportunity to be present at the interview, and if he or she does not choose to do so, obtain written permission to interview the minor without the guardian's presence.(e) If the alleged perpetrator has a guardian appointed pursuant to RSA 464-A, the investigator shall contact the guardian to inform him or her of the need to interview the alleged perpetrator, except under the circumstances described in He-E 701.03(i) .(f) If the alleged perpetrator refuses to be interviewed or cannot be located, the investigator shall send a letter to the alleged perpetrator's last known address, requesting an interview.(g) If the alleged perpetrator has a guardian who refuses to allow his or her ward to be interviewed, the investigator shall notify the guardian by letter, sent by United States Postal Service first class mail, that a determination will be made without the alleged perpetrator's input.(h) If the alleged perpetrator cannot be located, or can be located, but does not consent to be interviewed, the investigator shall proceed with the investigation and make a determination based on information available from the alleged victim, collateral contacts, written reports and records, and other relevant information or documentation.(i) When interviewing the alleged perpetrator, the investigator shall: (1) Identify himself or herself and describe the responsibility of BEAS to investigate in accordance with RSA 161-F:42-57;(2) Inform the alleged perpetrator that a report of abuse, neglect, or exploitation has been received, except that the investigator shall not reveal the reporter's name;(3) Explain the role of the investigator and the purpose of the investigation;(4) Specify the allegation(s) contained in the report and request the alleged perpetrator's response;(5) Inform the alleged perpetrator that there might be a need to interview other individuals in order to complete the investigation, and ask for the names of any individuals whom the alleged perpetrator identifies as having information; and(6) Inform the alleged perpetrator that, at the conclusion of the investigation, he or she and his or her guardian, if any, will be notified about the investigation results, including information about due process.(j) The investigator shall interview collateral contacts who have pertinent information on the reported allegation(s), including, but not limited to, the following: (1) The individuals whom the alleged victim or the alleged perpetrator, if any, have identified as having information; and(2) Other individuals who have come to the investigator's attention as having information regarding the allegations(s) .N.H. Code Admin. R. He-E 701.06
#5008, eff 11-27-90, EXPIRED: 11-27-96
New. #6867, eff 10-9-98; ss by #8727, INTERIM, eff 10-9-06, EXPIRED4-7-07
New. #8868, eff 4-19-07; (See Revision Note at Chapter Heading for He-E 700) #10179, eff 9-1-12