This policy guide was updated from the 07/01/14 version. This policy has been revised regarding when law enforcement should be present while conducting a brief interview (30-45 minutes) of the child at school.

POLICY

Conducting a School Interview with a Child

CSWs may conduct joint school interviews with law enforcement when investigating child abuse referrals under one or more of the following circumstances:

Exigent circumstances;

Parental consent;

Consent from the child if age twelve (12) or older;

A brief interview of thirty (30) to forty-five (45) minutes or less (without consent or a court order);

A court order if an interview longer than forty-five (45) minutes is contemplated.

Exigent Circumstances

Exigent circumstances exist where there is reasonable cause to believe that the child is at immediate risk of physical harm, sexual abuse, need for medical care for a serious medical condition or the physical environment poses an immediate threat to the child's health or safety. The risk is immediate if the CSW has reasonable cause to believe that the child is likely to experience serious bodily harm in the time that would be required to both: Obtain a court order; and arrive at the school to interview the child pursuant to the court order.

CSWs may interview a child at school, without parental consent or a court order, when exigent circumstances exist. With exigent circumstances, the interview can be as long as necessary to protect the child.

Consent

Absent exigent circumstances, CSWs should first consult with their SCSW to determine whether it is appropriate to obtain parental consent or if it is necessary to obtain a court order prior to the interview.

Parental consent should not be sought under any one of the following circumstances:

The referral involves allegations of physical abuse, sexual abuse, or domestic violence, and the parent whose consent is sought is either the perpetrator or is "failing to protect",

The child's or the child's sibling(s)'s safety would be in danger if consent were sought;

There is reasonable cause to believe that the integrity of the interview would be jeopardized.

Under the above circumstances, DCFS, and DCFS with law enforcement may interview the child at school without the need to obtain consent or a court order.

If a parent's consent was sought in one of the three situations above, and the parent objects to the CSW interviewing his/her child, the CSW should either:

Obtain a court order for a joint interview with law enforcement; or

Conduct a brief interview (30-45 minutes) of the child with law enforcement present.

For all other types of allegations (drug abuse, dirty home, mental illness, medical neglect, etc.) if the parent objects to having his/her child interviewed at school, the CSW may still interview the child at school if the CSW either:

Obtains a court order for a joint interview with law enforcement; or

Conducts a brief interview (30-45 minutes) of the child at school without law enforcement present.

If the child is age twelve (12) or older, the CSW and SCSW should take into consideration the child's maturity level and determine whether it is appropriate to obtain consent directly from the child. If there are questions about the situation, the CSW and SCSW should consult with County Counsel.

Permission from school officials/personnel to conduct and interview does not constitute valid consent to interview a child.

A Court Order through Dependency Court

CSWs need to obtain a court order to interview a child at school when there are no exigent circumstances and any of the following circumstances exist:

The parent or child age 12 or older objects to the child being interviewed and law enforcement would like to be present when the CSW interviews the child.

The child 12 or older objects to being interviewed or feels uncomfortable being interviewed without the parent's knowledge.

There is no parental consent and the school denies access to the child.

There is no parental consent and the CSW or law enforcement need to conduct an interview longer than 30 to 45 minutes.

Upon determination, by the CSW and SCSW, that a court order is needed to interview a child at school, the order can be obtained within a matter of hours after the request is submitted by contacting the Warrant Liaison at (323) 881-1303.

If a court order was obtained to interview the child at school, the school should be provided with a copy of the order.

Contact the Warrant Liaison and County Counsel for guidance concerning the following:

If the school will only allow access pursuant to parental consent or a court order; or

The CSW believes that circumstances for interviewing a child twelve (12) or older exist.

Out-of-Home Care Referrals

Out-of-home care referrals do not require CSWs to obtain consent from a parent/legal guardian/caregiver, child aged twelve (12) or older, or a court order to interview a child at school because the child is under the jurisdiction of Dependency Court.

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PROCEDURE

Seeking Parental Consent to Interview a Child at School

ER CSW Responsibilities

If exigent circumstances do not exist consult with SCSW to determine if it is appropriate to obtain consent to interview a child at school from the parent/legal guardian or from a child twelve (12) years of age or older.

If it is determined that parental/legal guardian consent will be sought, obtain parental/legal guardian consent via telephone or in person and complete the DCFS 67A (verbal) or DCFS 67B (in-person).

If consent was obtained from the parent/legal guardian, proceed to interview the child at school. Follow the steps outlined in Interviewing the Child at School.

If consent was not obtained or it is not appropriate to seek consent from the parent/legal guardian, determine if it is appropriate to seek consent from a child that is twelve (12) years of age or older.

If it is determined consent will be sought from a child twelve (12) years of age or older:

Inform the school personnel that consent to interview the child will be sought from the child.

If the child consents to the interview, follow the steps outlined in Interviewing the Child at School.

If the child does not consent to the interview, or the school denies access to the child, follow the steps outlined in Seeking a Court Order to Interview a Child at School, below.

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Seeking a Court Order to Interview a Child at School

ER CSW Responsibilities

If exigent circumstances do not exist, the parent objects, and other circumstances are present which necessitate the need for a court order, request a court order through dependency court to interview a child at school.

Contact the Warrant Liaison at (323) 881-1301.

Provide the Liaison with all the details of the referral, efforts to obtain consent, why it is not appropriate to seek consent from a parent/legal guardian, and if law enforcement should be included in the request.

Complete and submit the following documents to the Warrant Liaison/County Counsel:

DCFS 4381, Warrant Fact Sheet; DCFS 4385-A, School Interview Order Application (refer to DCFS 4385-B, School Interview Order Instruction Sheet); and

Any other documentation/form(s) requested.

If the court order is granted, obtain a copy of the court order and follow the steps outlined in Interviewing the Child at School.

If the court order is not granted, consult with County Counsel and/or the Warrant Liaison on how to proceed with the investigation.

Warrant Liaison Responsibilities

Consult with the CSW regarding the court order to request a school interview. If appropriate, advise the CSW to complete and send the DCFS 4381, Warrant Fact Sheet and DCFS 4385-A, School Interview Order Application (refer to DCFS 4385-B, School Interview Order Instruction Sheet).

Advise the CSW of any additional information required to obtain the court order (e.g. signing and faxing the Application and Declaration in Support of Interview of Child at School).

Review the DCFS 4381 DCFS 4385-A and forward it to County Counsel to process the court order request for the school interview.

Contact the CSW to inform them the court order was/was not granted. If the court order was not granted, provide the CSW with a copy of the court order. If the court order was not granted, advise the CSW on how to proceed with the investigation.

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Interviewing the Child at School

ER CSW Responsibilities

Identify yourself to school officials.

Inform school officials that the purpose of the visit is to interview a child regarding a child abuse referral, and that one of the following authorizes the interview:

Exigent circumstances;

Plan to conduct a brief interview of thirty (30) to forty-five (45) minutes or less (law enforcement may be present so long as the parent and child do not object and consent to interview);

Parental consent (provide a copy of DCFS 67A or DCFS 67B to confirm parental consent);

Seeking consent from a child twelve (12) years of age or older;

A court order.

If applicable, provide the school with a copy of the DCFS 67A, DCFS 67B, or court order. Do not discuss the allegations of the referral with school officials.

Inform the school official the child has the right to request a school employee to be present for the interview.

Request to have the child retrieved from the classroom and to be directed to a neutral and private setting where interruptions will be minimal. The principal's office is not a neutral setting.

Greet the child and introduce yourself.

Complete the following with the child:

Inform the child of your role in language that is developmentally appropriate.

If the child is twelve (12) years of age or older, and consent is being sought, seek consent from the child.

If the child consents, proceed with the interview.

If the child does not consent, proceed to seek a court order.

Before conducting the interview, inform the child of the following:

Child does not have to talk to CSW or law enforcement;

Child is free to leave at anytime during the interview;

Child may go to the restroom or get water at anytime during the interview.

Inform the child that he/she has the right to have a school staff member present during the interview and may talk privately to that person and that her/his right may be exercised at any time during the interview.

Explain the limits of the staff member's role to the child in language that is developmentally appropriate.

If the child does not want a staff member present, conduct the interview with the child.

If the child wants a staff member present, suspend the interview and inform the selected staff person that he/she:

May decline to be present for the interview

Must not participate in the interview

Must not discuss the content of the interview with the child

Must maintain confidentiality of the interview

May be asked by the school to hold the interview at a time during school hours when it does not involve an expense to the school.

Keep the interview brief, taking into account the child's age, maturity and demeanor, and the circumstances of the referral. Interviews should be no longer than 30 to 45 minutes.

Law enforcement is to make every effort possible to not be an intimidating presence. Suggestions to reduce intimidation: conceal uniform and weapons, if possible.

Interview school personnel e.g. teacher, school nurse, principal, etc. regarding the child's attendance, behavior, appearance, and any other information regarding the child and his/her family.

Document the following in the Contact Notebook:

Location of interview

Participants (include name and work address of the person present for the interview)

Name and job title of the school personnel that granted or denied access to the child

Name and title of the school personnel interviewed as collateral

Any documents provided to the school

Contents of the interviews conducted

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APPROVALS

None

HELPFUL LINKS

Forms

LA Kids

DCFS 67A, Consent to Interview a Child (verbal)

DCFS 67B, Consent to Interview a Child (in-person)

DCFS 4381, Warrant Fact Sheet

DCFS 4385-A, School Interview Order Application

DCFS 4385-B, School Interview Order Instruction Sheet

Referenced Policy Guides

0070-547.13, Concurrent Investigations with Law Enforcement

0070-570.10, Obtaining Warrants and/or Removal Orders

0400-503.10, Contact Requirements and Exceptions

Statutes

Greene v. Camreta, (9th Cir.) 2009 U.S. App. LEXIS 26891

Penal Code Section 11174.3 – states that whenever a representative of a government agency investigating suspected child abuse or neglect or the State Department of Social Services deems it necessary, a suspected victim of child abuse or neglect may be interviewed during school hours, on school premises, concerning a report of suspected child abuse or neglect that occurred within the child's home or out-of-home care facility.