Sunday, September 5, 2010

10:129-5.1 Informing the alleged child victim, caregiver, and temporary caregiver about the investigation

10:129-5.1 Informing the alleged child victim, caregiver, and temporary caregiver about the investigation


(a) The child protective investigator shall notify the parent of the child subject of the investigation and the caregiver of the child subject of the investigation, if the child will remain in the custody of the caregiver, as soon as possible after interviewing or observing the child or any of his or her siblings that the child(ren) has been interviewed or observed.

(b) When an investigation is conducted in an institution, and any child other than the child subject of the investigation is interviewed without the knowledge and consent of the parent, the Department shall not be obligated to notify the parents of those children of the investigation, except when abuse or neglect is substantiated and that child was abused or neglected.

(c) The child protective investigator shall provide the following people with the information specified in (d) below:

1. The alleged child victim in accordance with and in a manner appropriate to the alleged child victim‘s age, condition, and capacity to understand and cope with the information;

2. The alleged child victim‘s caregiver with physical custody at the time of the incident;

3. The caregiver with whom the alleged child victim normally resides; and

4. The caregiver to whom the alleged child victim will be returned, if the alleged child victim is in an institution at the time of the incident.

(d) The child protective investigator shall provide the following information to those people specified in (a) above:

1. That a report has been made, the nature of the allegation and that an investigation will be conducted;

2. The name and telephone number of the child protective investigator assigned to investigate and his or her supervisor; and

3. That a Department representative is responsible for conducting an investigation pursuant to N.J.S.A. 30:4C-11 and 12 and 9:6-8.11.

(e) The child protective investigator shall delay notifying the persons specified in (a) and (c) above, as long as the delay does not appear to put the alleged child victim at risk, when the police, prosecutor or Deputy Attorney General has determined that notifying them would impede the investigation or litigation.

(f) The child protective investigator shall provide the information indicated in (b) above at the time of his or her initial contact with each person interviewed and named in (a) above.

(g) The child protective investigator shall inform the temporary caregiver of any alleged child victim who is in the care of that temporary caregiver at the time of the investigation of the provisions of (b) above, when that information is necessary for the temporary caregiver to provide care for the alleged child victim.