2333. Interviewing a Victim or Identified Child

Applies To: This policy applies to child welfare (CW) and Licensing Division (LD) Child Protective Services (CPS) employees.

Policy Number & Title: 2333. Interviewing a Victim or Identified Child

Effective Date: July 1, 2024

Purpose

The purpose of this policy is to provide direction to CW and LD CPS employees when interviewing a victim or identified child or youth who has been allegedly abused or neglected or is at imminent risk.

Authority

RCW 26.44.030 Reports, duty and authority to made, duty of receiving agency, duty to notify, case planning consultation, penalty for unauthorized exchange of information, filing dependency petitions, investigations, interviews of children, records, risk assessment process
RCW 74.14B.010 Children’s services workers, hiring and training

Policy

Before conducting interviews and assessments of children or youth alleged to have been seriously physically or sexually abused, caseworkers or LD CPS investigators must complete the specialized training per RCW 74.14B.010.
Caseworkers and LD CPS investigators must:
1. Comply with county protocol and collaborate with law enforcement and others on the investigation, per the protocol, and on coordinating the interview of children or youth who have been physically or sexually abused.
2. Follow policies:
  1. Indian Child Welfare (ICW) CPS Investigation and Family Assessment Response when there is reason to know children are or may be Indian children.
  2. Department of Children, Youth, and Families (DCYF) Administrative:
    1. 6.02 Access to Services for Clients and Caregivers who are Limited English Proficient (LEP) when working with parents, children or youth and caregivers with LEP. This includes also following the DCYF Administrative 11.19 Dual Language Employee Assignment Pay policy when caseworkers or LD CPS investigators are dual language employees and are conducting the child abuse interview in the child’s or youth’s language.
    2. 6.03 Access to Services for Individuals with Disabilities when working with children or youth, parents or guardians, or individuals with a disability.
3. Provide:
  1. Qualified interpreters to individuals as needed, per DCYF Administrative policies:
    1. 6.02 Access to Services for Clients and Caregivers who are Limited English Proficient (LEP).
    2. 6.03 Access to Services for Individuals with Disabilities.
  2. The child’s or youth’s parents or caregivers with the Public Notice of Nondiscrimination DCYF HR_0012 publication at initial contact, per the DCYF Administrative 6.03 Access to Services for Individuals with Disabilities policy.
Caseworkers or LD CPS investigators must:
1. Make an initial face-to-face (IFF) present danger assessment with the victim or identified child per the Child Protective Services (CPS) Initial Face-to-Face (IFF) Response policy. The IFF is required within the following timeframes from the date and time the DCYF receives the intake:
  1. 24-hour for emergent response.
  2. 72-hour for non-emergent response.
2. Complete a face-to-face present danger assessment of children or youth who are not a victim or identified child or youth in the intake although are related to the household. Gather information to complete the safety assessment.
3. Assess if present danger exists during any contact with a child or youth to determine if an immediate, significant and clearly observable behavior or situation is actively occurring and is threatening or dangerous to a child or youth. Take immediate protective action if a child or youth is in present danger.
4. Follow the Washington State federally recognized Tribal/State Memoranda of Agreement, if applicable, when interviewing a child who may be affiliated with a federally recognized tribe.
5. When a child or youth cannot be located and reasonable efforts have been exhausted, or face-to-face contact cannot occur, consult with the supervisor and follow the CPS IFF policy.
Prior to the investigative interview
1. Caseworkers conducting the investigative interview or LD CPS investigators must interview the child or youth outside the presence of their parent or guardian, caregiver, alleged perpetrator and sibling or other children or youth living in the household. The interview may be conducted at a school, child care facility, child's or youth’s home, etc. DCYF employees cannot transport children or youth for an interview unless the child or youth has been placed in protective custody by law enforcement first or the court has ordered shelter care or the child or youth is dependent.
2. Parent or Guardian Permission
  1. The FAR caseworker must obtain the parent’s or guardian’s permission prior to the IFF and interview unless the child’s or youth’s safety or the integrity of the assessment would be compromised if the parent or guardian was notified prior to the completion of the IFF.
  2. The LD CPS investigator must obtain the parent’s or guardian’s permission prior to the IFF and interview if the child or youth is not in the placement and care authority (PCA) of DCYF.
3. Conduct a comprehensive interview with every victim or identified child or youth who is developmentally able to communicate within ten calendar days from the date and time the intake is received if not already completed at the IFF.
4. Additional requirements
  Caseworkers or LD CPS investigators will
  1. Review all the allegations, child abuse or neglect (CA/N) history and available information to prepare for the IFF and interview.
  2. Coordinate interviews of physical abuse, sexual abuse or criminal neglect of a child per the county child abuse investigation protocol located on the DCYF intranet. Protocols may authorize an interview of the child or youth by law enforcement, a child advocacy center, another agency or forensic interviewer.
  3. Conduct the interview in a neutral environment, e.g., school, child care, whenever possible. When interviewing children or youth in their home, choose as neutral environment as possible and in a location separate from the parent or guardian.
  4. Refer to the DCYF Administrative 6.02 Access to Services for Clients and Caregivers who are Limited English Proficient (LEP) policy when working with a child or youth with LEP. Caseworkers may conduct the child abuse interview in the child’s or youth’s language if they are approved dual language employees, per the DCYF Administrative 11.19 Dual Language Employee Assignment Pay policy.
During the interview
Caseworkers or LD CPS investigators must:
1. Avoid saying or doing anything that could be construed as leading, suggestive, or influencing the child or youth.
2. Make reasonable efforts to audio record child interviews when there is:
  1. A CPS investigation involving allegations of physical or sexual abuse.
  2. A CPS family assessment involving a physical abuse allegation, and the child or youth is being interviewed without their parent or guardian present due to concerns that the safety of the child or youth will be compromised if the parent is present.
  3. Use near verbatim documentation if a child or youth physical or sexual abuse interview is not being audio recorded.
3. Gather relevant and sufficient information; including observations of the child’s or youth’s appearance and non-verbal communication, to complete the safety and risk assessments to determine:
  1. If there are safety threats.
  2. How the child or youth and family are functioning.
  3. Level of risk to the child or youth in their environment.
4. To verify that the interviews are voluntary, complete the following:
  1. Ask the child or youth during the introduction, if they agree to the interview.
  2. Ask the child or youth if they want another adult present during the interview. Make reasonable efforts to accommodate the child’s or youth’s wishes if they indicate yes.
  3. Make a reasonable effort to have the interview observed by another adult so long as the child or youth does not object and the presence of the other adult will not intrude in the interview or jeopardize the investigation.
  4. Inform any other adult prior to the interview starting and away from the child or youth that they may be called as a witness to the interview.
  5. Ask the child or youth, during the interview, if they would like a break. This can be done if the child or youth appears uncomfortable during the interview, or at any time.
5. Follow Photograph Documentation policy when photographing a child’s or youth’s physical condition to document CA/N.
After the interview
Caseworkers or LD CPS investigators must:
1. Notify the parent or guardian of the interview at the earliest possible point in the investigation that will not jeopardize the safety or protection of the child or youth or the course of the investigation.
2. Document the following in FamLink, within three calendar days of completion, the:
  1. Interview, including the child’s or youth’s appearance and non-verbal communication. If the interview is documented in near-verbatim, document the interview within fifteen calendar days of the completion of the interview.
  2. Public Notice of Nondiscrimination DCYF HR_0012 publication was provided to the child or youth’s parents or guardians and caregivers at initial contact.
3. When any child or youth on an open case is believed to be at imminent risk of serious harm or there is a new allegation of CA/N, the caseworker must make a report to intake.
4. If during the child interview, there is information about a crime against a child or youth and the caseworker believes the child or youth is in danger, the caseworker must call 911 and make a law enforcement report. If the child or youth is not believed to be in danger, the caseworker will make a report to intake.
5. If a child or youth interview was audio recorded, follow the Audio Recording policy.
6. If an employee receives a request for a copy of or to listen to an audio or video recording of a child or youth interview conducted by the department employee must:
  1. Determine if the request is a public disclosure or discovery request. If the request is related to litigation with which DCYF is involved (such as a dependency, termination, guardianship, or tort case), then caseworkers must consult with the AAG to determine if the request is a discovery request.
  2. If the request is a public disclosure request, then immediately forward it to the Public Disclosure Unit per the DCYF Administrative 13.05 Public Records Request and Disclosure policy.
  3. If the request is a discovery request, made by a party to the case, forward it to the dependency discovery manager. If the request seeks release of or access to an audio or video recording of a child forensic interview, then consult with the AAG or attorney before providing the recording.
Supervisors must confirm:
1. All child or youth victims or identified children or youth were interviewed.
2. Allegations of CA/N were addressed.
3. Children or youth not a victim or identified child or youth in the intake related to the household had a face-to-face present danger assessment before the safety assessment was completed.
4. Child or youth interviews and contacts were documented in FamLink.