DCF staff shall consider the following when interviewing children:
Parental permission is not required to interview a child who is the subject of a report of suspected child abuse and/or neglect. If it is determined parental cooperation is essential to an adequate investigation of a report, parental permission to interview a child shall be sought. Circumstances in which a child may be interviewed without parental consent include:
The parent is alleged or suspected to be involved in the maltreatment.
The safety of the subject child or any other child in the same care might be jeopardized by delay or notice.
There is reason to believe that essential evidence would not be available if there is delay or notice.
Whenever it is necessary to interview a child without parental consent, attempts shall be made to notify the parent/caregiver the same day as the interview with the child and an explanation provided for the interview.
DCF staff shall not enter a residence to interview a child regarding alleged abuse or neglect unless a parent or other adult resident at that address has given permission for that DCF person to enter the domicile.
DCF staff shall consider the importance of conducting interviews of children who are identified as alleged victims of abuse/neglect out of the presence of a alleged perpetrator. It is preferred practice to interview children identified as alleged victims of abuse/neglect in a neutral setting, such as at school per K.S.A. 38-2226(g).
Whenever a child is to be interviewed at school the following guidelines should be followed:
Whenever possible, advance notice should be given the school administrator of the need for an at-school interview. A mutual understanding should be reached between DCF and the school administration that a parent should NOT be notified of the interview unless such notice is approved by DCF or a law enforcement officer on a case by case basis. DCF is responsible to notify the parent of the interview at a time when it will not interfere with the investigation.
When DCF staff is on school premises, the school administrator should be immediately notified and identification provided. The worker should also notify the school when leaving the premises.
Form PPS 2000, Request to Interview a Child at School or PPS 2001 Parental Consent to Interview Child as School for Family in Need of Assessment (FINA) assignments, should be presented to the school administrator.
If possible, the child should be excused from classroom activities and escorted to the interview in a manner that does not identify the purpose of the interview. The interview should be conducted in a place which provides confidentiality and, if possible, comfort to the child.
If it will provide support for the child, a school employee may be present in the interview, but may not participate unless invited to do so by DCF or a law enforcement officer. School employee presence in the interview shall be at the discretion of the agency conducting the interview, giving consideration to the best interests of the child. [K.S.A. 38-2226(g)].
If a child needs to be taken off-premises, a law enforcement officer shall be requested to place the child in protective custody and transport the child. The child shall not be taken off premises by a DCF employee unless there is a court order giving DCF temporary custody, or if accompanied by a parent, or with written parental consent.
There are no statutes or regulations providing for interviewing children as alleged victims of abuse/neglect in a child care setting. However, under Kansas law all persons with information and /or evidence concerning abuse or neglect of a child are encouraged to cooperate with investigations conducted by law enforcement and/or DCF. Licensed child care providers are mandated to report suspected abuse or neglect of children in their care, and are required to cooperate with investigations of suspected child abuse/neglect. K.S.A. 38-2223 and K.A.R. 28-4-118.
If there is a need to interview non-familial children who are identified as potential collateral contacts in an abuse/neglect investigation, written parental permission shall be obtained in advance for children who need to be interviewed away from parents. See PPM 0317 for guidance on confidentiality.
Written parental consent is preferred and shall be documented on the PPS 2001 Parental Consent to Interview Child at School. When concerted efforts to obtain written parental consent have been completed and documented, the following methods of obtaining consent may be used: (listed in order of preference)
Signed PPS 2001 Parental Consent to Interview Child at School
Written e-mail consent documented in case logs
Text message (a screen shot of the text in case logs shall be used for documentation)
Verbal consent may be used when the parent has been informed by PPS staff that his/her consent is being documented on the PPS 2001, on the parent/caregiver signature line, with a date and time the verbal consent was provided.
FINA are for the purpose of assessing the needs of the child and family for services. Family involvement from the onset of the case assists in engaging the family in the assessment process. Concerted efforts shall be made to interview a child subject of a FINA with parental consent.
Kansas Statute does not address interviewing children subject of a FINA at school without parental consent. Children subject of a FINA shall not be interviewed at school without parental consent.
Written parental consent is preferred and shall be documented on the PPS 2001 Parental Consent to Interview Child at School. When concerted efforts to obtain written parental consent have been completed and documented, the following methods of obtaining consent may be used: (listed in order of preference)
Signed PPS 2001 Parental Consent to Interview Child at School
Written e-mail consent documented in case logs
Text message (a screen shot of the text in case logs shall be used for documentation)
Verbal consent may be used when the parent has been informed by PPS staff that his/her consent is being documented on the PPS 2001, on the parent/caregiver signature line, with a date and time the verbal consent was provided.
When an interview is needed with a child(ren) subject of a FINA who is in a setting other than at school, such as police protective custody (PPC) or detention, it is allowable to interview without parental consent. Attempts shall be made on the same day as the interview with the child(ren) to notify the parent/caregiver that the interview took place, and to explain the purpose of the interview.