Sec. 1-514. Action upon receipt of report

A. The Muscogee (Creek) Nation Children and Family Services Administration (CFSA) shall make a thorough investigation immediately upon receipt of any report of known or suspected child abuse or neglect pursuant to cooperative agreement between the two agencies. The immediate concern of such investigation shall be the protection of the child.

 

B. The investigation, to the extent that it is reasonably possible, shall include:

               1. The nature, extent, and cause of the abuse or neglect

               2. The identity of the person responsible for such abuse or neglect

               3. The names and conditions of any other children living in the same place

               4. The environment and the relationship of any children therein to the person responsible for the suspected abuse or neglect

               5. All other data deemed pertinent.

 

 C. The investigation shall, at a minimum, include a visit to the child's place of residence or place of custody and to the location of the alleged abuse or neglect and an interview with or observance of the child reportedly having been abused or neglected. If admission to the child's place of residence cannot be obtained, the District Court, upon good cause shown, shall order the responsible person to allow the interview, examination and investigation.

 

D. The receiving agency responsible for the coordination of all investigations of all reports of known or suspected child abuse or neglect shall arrange for such investigations to be conducted by persons trained to conduct either the complete investigation or such parts thereof as may be assigned. The receiving agency may conduct the investigation independently or in conjunction with another appropriate agency or may arrange for the initial investigation to be conducted by another agency with personnel having appropriate training and skill. The receiving agency shall provide for persons to be continuously available to respond to such reports. Nations and state and federal agencies may cooperate to fulfill the requirements of this subsection. As used in this subsection, ''continuously available'' means the assignment of a person to be near an operable telephone not necessarily located in the premises ordinarily used for business by the receiving agency or to have such arrangements made through agreements with local law enforcement agencies.

 

E. The receiving agency shall refer its investigation report to the Child Protection Worker. Upon receipt of a report, if the CFSA reasonably believes abuse or neglect has occurred, it shall immediately offer social services to the child who is the subject of the report and his family. If, before the investigation is completed, the opinion of the investigators is that assistance of the appropriate law enforcement agency is necessary for the protection of the child or other children under the same care, the law enforcement agency and the Prosecutor shall be notified. If immediate removal is necessary to protect the child or other children under the same care from further abuse, the child or children may be placed in protective custody in accordance with applicable provisions of this chapter.

 

F. If a local law enforcement agency receives a report of known or suspected child abuse or neglect, it shall first attempt to contact the receiving agency in order to refer the case for investigation. If the local law enforcement agency is unable to contact the receiving agency, it shall make a complete investigation and may request the Prosecutor to institute appropriate legal proceedings on behalf of the subject child or other children under the same care. The law enforcement agency, upon receipt of a report and upon completion of any investigation it may undertake, shall immediately forward a summary of the investigatory data plus all relevant documents to the CFSA.

 

[NCA 01&ndash126, § 301, approved Aug. 9, 2001.]