§ 4915b. Procedures for investigation
(a) An investigation, to the extent that it is reasonable under the facts and circumstances
presented by the particular allegation of child abuse, shall include all of the following:
(1) A visit to the child’s place of residence or place of custody and to the location
of the alleged abuse or neglect.
(2) An interview with or observation of the child reportedly having been abused or neglected.
If the investigator elects to interview the child, that interview may take place without
the approval of the child’s parents, guardian, or custodian, provided that it takes
place in the presence of a disinterested adult who may be, but shall not be limited
to being, a teacher, a member of the clergy, a child care provider regulated by the
Department, or a nurse.
(3) Determination of the nature, extent, and cause of any abuse or neglect.
(4) Determination of the identity of the person alleged to be responsible for such abuse
or neglect. The investigator shall use best efforts to obtain the person’s mailing
and email address as soon as practicable once the person’s identity is determined.
The person shall be notified of the outcome of the investigation and any notices sent
by the Department using the mailing address, or if requested by the person, to the
person’s email address collected pursuant to this subdivision.
(5)(A) The identity, by name, of any other children living in the same home environment as
the subject child. The investigator shall consider the physical and emotional condition
of those children and may interview them, unless the child is the person who is alleged
to be responsible for such abuse or neglect, in accordance with the provisions of
subdivision (2) of this subsection (a).
(B) The identity, by name, of any other children who may be at risk if the abuse was alleged
to have been committed by someone who is not a member of the subject child’s household.
The investigator shall consider the physical and emotional condition of those children
and may interview them, unless the child is the person who is alleged to be responsible
for such abuse or neglect, in accordance with the provisions of subdivision (2) of
this subsection (a).
(6) A determination of the immediate and long-term risk to each child if that child remains
in the existing home or other environment.
(7) Consideration of the environment and the relationship of any children therein to the
person alleged to be responsible for the suspected abuse or neglect.
(8) All other data deemed pertinent, including any interviews of witnesses made known
to the Department.
(b) For cases investigated and substantiated by the Department, the Commissioner shall,
to the extent that it is reasonable, provide assistance to the child and the child’s
family. For cases investigated but not substantiated by the Department, the Commissioner
may, to the extent that it is reasonable, provide assistance to the child and the
child’s family. Nothing contained in this section or section 4915a of this title shall be deemed to create a private right of action.
(c) The Commissioner, designee, or any person required to report under section 4913 of this title or any other person performing an investigation may take or cause to be taken photographs
of trauma visible on a child who is the subject of a report. The Commissioner or designee
may seek consultation with a physician. If it is indicated appropriate by the physician,
the Commissioner or designee may cause the child who is subject of a report to undergo
a radiological examination without the consent of the child’s parent or guardian.
(d) Services may be provided to the child’s immediate family whether or not the child
remains in the home.
(e) [Repealed.]
(f) The Department shall not substantiate cases in which neglect is caused solely by the
lack of financial resources of the parent or guardian. (Added 2007, No. 168 (Adj. Sess.), § 7; amended 2015, No. 60, § 16; 2023, No. 154 (Adj. Sess.), § 4, eff. September 1, 2024.)