Investigations 620-01-115-05

(Revised 3/20/12 ML #3317)

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When the authorized agent becomes aware of a concern that a rule may have been violated in a licensed, self-declared, or registered in-home program, the authorized agent shall investigate the validity of the concern.

 

  1. Procedure for Investigation

 

  1. To begin an investigation, the authorized agent will need the name of the facility or provider and the nature of the concern.

 

  1. If the identity of the witness or source of the information is known, the authorized agent shall contact the witness to obtain more information about the concern and as many details as possible.

 

  1. The identity of the reporting witness is only confidential if the initial report was to child protection,

  1. Although anonymous reports may be accepted. The authorized agent shall ask the witness if they would be willing to testify about what they saw at a hearing.

 

  1. After contacting the reporter, the authorized agent shall complete an unannounced visit to the home or facility. When questioning the provider or staff members about the allegations, the authorized agent shall be careful to include as many details as possible, including specific times.

 

  1. If the authorized agent observes evidence of the alleged violation first hand or the provider admits to the violation, the authorized agent shall issue a correction order, or if a more serious or repetitive violation, contact the regional office for further action.

 

  1. If the authorized agent does not observe violations first hand and the provider does not admit to the violation, more investigation may be necessary. The authorized agent shall consult with the regional office.
  • Potential Witnesses

The following individuals should be considered as potential witnesses in the investigation:

  • Workers at the facility

 

  • Parents of children in the facility

 

  • Children in the facility

 

  • Neighbors of facility

 

  • Law enforcement.

 

  • Children as Witnesses

The authorized agent may talk to children at the facility during a drop-in visit.

 

If the authorized agent is unable to speak with children during the visit, the authorized agent may contact the parents at home and ask to speak to their children.

 

If the parents refuse, the authorized agent does not have authority to go to the school to talk with the children.

 

  • Documentation

Document what you are told; also, document evidence that the child is, or is not credible i.e. changes in story, seems exaggerated, eye contact, etc.

 

  • Interview Don’ts

Do not do interviews over the telephone.

 

Don’t make statements to collateral witnesses that suggest an incident did or didn’t happen, merely advise them you are investigating a concern.

 

Don’t identify the reporting witness unless the provider asks who it is. While it’s not confidential, it is unnecessary to volunteer that information.