A child safety worker must give a family or employee notice about an investigation, their response rights, and related court and complaint options, and must document the notice and responses.
8-803 - Limitation of authority; duty to inform 8-803. Limitation of authority; duty to inform A. On initial contact with a parent, guardian or custodian or an employee of a child welfare agency where a child is placed that is licensed by and contracted with the department who is under investigation pursuant to this article, a child safety worker shall: 1. Inform the family or employee, both verbally and in writing, making reasonable efforts to receive written acknowledgement from the parent, guardian or custodian, of receipt of all of the following information: (a) That the family or employee is under investigation by the department. (b) The specific complaint or allegation made against that person. (c) That the worker has no legal authority to compel the family or employee to cooperate with the investigation or to receive child safety services offered pursuant to the investigation. (d) That absent a court order, the family may deny the worker entry into the family's home. (e) That the family or employee has the right to seek the advice of an attorney and to have an attorney present when questioned by a worker. (f) That anything the person says or writes may be used in a court proceeding. (g) That the family or employee may refuse to do any of the following: (i) Sign a release of information document. (ii) Consent to take a drug or alcohol test. (iii) Submit to a mental health evaluation. (h) The worker's authority to petition the juvenile court for a determination that a child is dependent. (i) The person's right to file a complaint with the ombudsman-citizens aide pursuant to section 41-1376. The worker shall provide the telephone number and email address of the ombudsman-citizens aide. (j) The person's right to appeal determinations made by the department. (k) Information outlining parental rights under the laws of the state, if applicable. 2. Provide information to the family about the investigation and child safety decision-making process, document that this information has been provided and make reasonable efforts to receive written acknowledgement of receipt of this information. If the worker's reasonable efforts to obtain written acknowledgement of receipt of the information are unsuccessful, the worker shall document the reason why efforts to obtain written acknowledgement were unsuccessful. B. The child safety worker shall also inform the person about whom the report was made about that person's right to respond to the allegations either verbally or in writing, including any documentation, and to have this information considered in determining if the child is in need of child safety services. The worker shall tell the person that anything the person says or writes can be used in a court proceeding. If the person makes a verbal response, the worker shall include the response in the written report of the investigation. If the person makes a written response, including any documentation, the worker shall include this response and the documentation in the case file. Information provided in response to the allegations shall be considered during the investigation by the worker. The worker shall maintain the response and documentation in the case file and provide this information to the court before a hearing or trial relating to the dependency petition. C. If the family declines to cooperate with the investigation or to accept or to participate in the offered services, or if the worker otherwise believes that the child should be adjudicated dependent, the worker may file with the juvenile court a petition requesting that the child in need of child safety services be adjudicated dependent. D. Refusal to cooperate in the investigation or to participate in the offered services does not constitute grounds for temporary custody of a child except if there is a clear necessity for temporary custody as provided in section 8-821.