2.15.5 Investigations of School Personnel

Legal Authority

KRS 620.30 Duty to report dependency, neglect, abuse, or human trafficking -- Husband-wife and professional-client/patient privileges not grounds for refusal to report -- Exceptions -- Penalties....

KRS 620.040 Duties of prosecutor, police, and cabinet -- Prohibition as to school personnel-- Multidisciplinary teams....

922 KAR 1:330 Child protective services...

Introduction

In addition to the guidelines specified in SOP 2.15 Specialized Investigations, the SSW uses the following procedures in conducting investigations involving school personnel.

If the alleged abuse or neglect occurred when school personnel did not have care/custody or control, law enforcement is notified and the SSW does not conduct an investigation.

Practice Guidance

Procedure

Upon accepting a report, the SSW:

Provides copies of the DPP-115 to the parties listed on the CPS Investigative Distribution Chart;
Notifies the school superintendent or appropriate supervisor of the report if the alleged perpetrator is a school employee who is not assigned to the school building (such as a bus driver or maintenance personnel) or is the principal;
Notifies the board of education for the county if the alleged perpetrator is the superintendent;
Conducts interviews away from school grounds, when possible;
Completes the following steps when intending to interview a child at school:

Informs the appropriate school personnel of their need to interview the child regarding a report;
Provides necessary information concerning the allegation and investigation only to school personnel with a legitimate interest in the case;
Indicates which child(ren) and collaterals (where appropriate) need to be interviewed; and
Provides their identification card;

Notifies the parent(s) that there has been a report involving their child and of the SSW's intention to interview the child;
Determines, in conjunction with the FSOS and the parent(s), an appropriate place to interview the child;
Determines if it is in the best interest of the child for school personnel to be present during the child’s interview;1
Completes the following steps if it is determined that school personnel will be present:

Makes the school personnel aware that they are subject to subpoena to court for any disclosure statements that the child may make; and
Instructs the school personnel to remain:

Silent during the interview; and
Out of the line of sight of the child;

Reviews and copies school records pertaining to the child without parental permission, pursuant to KRS 620.030(3) if the information is relevant to the allegations reported;
Follows procedures outlined in SOP 2.15 Specialized Investigations and SOP 2.13 Case Disposition-Determination Whether to Open a Case when sending notification of substantiated or unsubstantiated findings according to the CPS Investigative Distribution Chart;
Sends, if substantiated, notification, using the DPP-152B Substantiated Investigation Notification Letter and information regarding the request for appeal of a child abuse or neglect investigative finding process using the DPP-155 Request for Appeal of Child Abuse or Neglect Investigative Finding to the:

Appropriate supervisor (e.g., principal);
School superintendent; and
Education professional standards board;

Provides a copy of the DPP-152A Unsubstantiated Investigation Notification Letter to the appropriate supervisor (e.g., principal) if unsubstantiated;
Informs the FSOS, who then informs the SRA or designee, when there is indication of systemic neglect within the school;
Seeks approval by the Commissioner prior to pursuing systemic neglect against a school administrator.

The SRA or designee:

Upon review and affirmation of suspected systemic neglect informs the Commissioner in writing, outlining what efforts have been made to address the concerns with the school system.