N.J. Admin. Code § 3A:10-3.1

Current through Register Vol. 56, No. 9, May 6, 2024

Section 3A:10-3.1 - Requirements for an investigation

(a) The child protective investigator shall interview the alleged child victim in person and individually, during the investigation of a report containing any allegation. The child protective investigator shall observe each non-verbal alleged child victim. The child protective investigator shall use sensitivity to avoid further trauma to each alleged child victim.

(b) The child protective investigator shall, in completing an investigation of a report containing any allegation:

1. Complete a safety assessment;

2. Interview, in person and individually, the caregiver and each adult in the home. The child protective investigator shall interview the alleged child victim's caregiver on the same day as the alleged child victim, if possible;

3. In cases where a service case is currently closed but had been open within the previous two years, interview a prior permanency worker who is the most knowledgeable about the family, if he or she is available;

4. Interview, in person and individually, each other child residing in the home of the alleged child victim. The child protective investigator shall observe each non-verbal child;

5. Read and review each available prior investigation relevant to the report;

6. Interview the reporter and each other person identified in the current report or related information as having knowledge of the incident or as having made an assessment of physical harm, including, but not limited to, the:

i. Physician;

ii. Medical examiner;

iii. Coroner;

iv. Other professional who treated the alleged child victim's current condition, other than the reporter;

v. Assigned permanency worker;

vi. Youth services provider;

vii. Private agency caseworker; and

viii. Other Department representative working with the alleged child victim or his or her family;

7. Interview the alleged perpetrator, in person;

8. Complete a Child Abuse Record Information check of each household member and each other individual regularly frequenting or living in the alleged child victim's home;

9. Conduct a PROMIS/GAVEL check to identify a paramour's record of criminal history, when the report involves a paramour;

10. Complete a risk assessment;

11. Observe the environment where alleged abuse or neglect occurred or which poses a threat to the child; and

12. Obtain and document written approval by a supervisor when seeking to eliminate any requirement listed in (b)1 through 11 above.

(c) The child protective investigator shall assess the need to contact and cooperate with law enforcement or a prosecutor, based upon the allegation(s) made in the report when completing an investigation. In particular, the child protective investigator shall determine if a joint investigation in accordance with the DCF/Law Enforcement Model Coordinated Response Protocol, http://www.nj.gov/oag/dcj/pdfs/dcf-lawenf-protocol.pdf [File Link Not Available] is possible and consult with the investigating police officer or prosecutor before interviewing the alleged child victim, unless emergency action is needed, when completing an investigation of sexual abuse.

(d) The child protective investigator shall obtain a medical assessment of the injury, which may include photos or a body chart, when completing an investigation of a report containing any allegation that involved a physical injury and when a physician has examined the child. The child protective investigator shall request a certified copy of hospital or other medical or forensic records, if available, for the Division of Child Protection and Permanency record, if abuse or neglect is substantiated or established.

(e) The child protective investigator shall, in completing an investigation:

1. Assess the strengths and needs of the caregiver;

2. Assess the strengths and needs of the alleged child victim;

3. Interview collateral contacts who have knowledge of the incident or circumstances;

4. Confirm child care arrangements reported by the caregiver where appropriate;

5. Interview school personnel or a child care provider, if any, with knowledge of the parental care provided to that child;

6. Interview each identified witness who is reported to have knowledge of the alleged abuse or neglect;

7. Interview each community professional who has first-hand knowledge of the alleged abuse or neglect;

8. Interview the following persons:

i. Each person residing at the address of occurrence, at the time of incident; and

ii. Each witness offered by the alleged perpetrator who could provide evidence that he or she did not abuse or neglect the alleged child victim;

9. Interview each investigative law enforcement officer working on the report;

10. Interview each of the primary response law enforcement personnel called to the scene of the alleged abuse or neglect;

11. Interview each medical professional directly involved with the treatment of the reported injury or condition, and obtain, if possible, a certified copy of any report;

12. Obtain a collateral contact from each medical professional who has seen the alleged child victim; and

13. Obtain and document written approval by a supervisor when seeking to eliminate any requirement listed in (e)1 through 12 above.

N.J. Admin. Code § 3A:10-3.1

Administrative Change, 49 N.J.R. 98a.

Amended by 51 N.J.R. 825(b), effective 6/3/2019