N.J. Admin. Code § 3A:10-4.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 3A:10-4.1 - Requirements for an IAIU investigation

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

1. Interview the alleged child victim in person and individually, using sensitivity to avoid further trauma to each alleged child victim;

2. Observe each non-verbal alleged child victim;

3. Interview, in person and individually, the caregiver or institutional caregiver, on the same day as the alleged child victim, if possible;

4. Interview each adult in the home, when the investigation involves a resource home or family child care home;

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. Registered professional nurse;

iii. Forensic Nurse-Certified Sexual Assault (FN-CSA);

iv. Advanced practice nurse (APN);

v. Medical examiner;

vi. Coroner;

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

viii. Assigned permanency worker;

ix. Youth services provider;

x. Private agency caseworker; and

xi. 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 when investigating a report involving a resource home or family child care home;

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

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

(b) The IAIU 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 IAIU investigator shall determine if a joint investigation in accordance with the DCF/Law Enforcement Model Coordinated Response Protocol 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.

(c) The IAIU investigator shall obtain a medical assessment of the injury, which may include photographs 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. If hospital or other medical or forensic records are available and abuse or neglect is substantiated or established, the IAIU investigator shall request a certified copy for the CP&P record.

(d) The IAIU investigator shall interview each identified witness who is reported to have knowledge of the alleged abuse or neglect.

(e) The IAIU investigator shall interview each community professional who has first-hand knowledge of the alleged abuse or neglect including:

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

2. Each investigative law enforcement officer working on the report;

3. Each of the primary response law enforcement personnel called to the scene of the alleged abuse or neglect; and

4. Each physician directly involved with the treatment of the reported injury or condition, and obtain if possible a certified copy of any report.

N.J. Admin. Code § 3A:10-4.1

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

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