§ 930.54. Conflict of Interests.

(a) Law enforcement, county probation, county welfare, and licensing agencies shall ensure that the investigation of child abuse in an out-of-home care facility is carried out in an unbiased and impartial manner.

(b) An individual child protective service worker or official who actually Places the alleged child abuse victim, or has a direct personal relationship with the facility, the suspected abuser, or the alleged child abuse victim, which creates a conflict of interest, shall not be involved in or responsible for any part of the investigation or assessment of child abuse in that facility.

(c) The child protective or licensing agency with primary jurisdiction over the case shall disqualify itself from conducting an investigation pursuant to these regulations whenever a conflict of interest exists between the agency and the suspected abuser, the facility, or the alleged victim.

(d) A conflict of interest exists under subsections (b), (c), or (e) of this section when the circumstances evidence a reasonable possibility that the agency, or the individual worker or official, may not exercise its/his/her investigative functions in an evenhanded manner. Factors to be considered in determining whether the entire agency should be disqualified from conducting the investigation as required by subsection (c), are the size of the agency, the number of investigating officials within the agency, and the nature of the relationship between the official and the suspected abuser, facility, or victim with whom the conflict exists. This last factor alone, is to be considered in determining whether an individual child protective service worker or official should be disqualified from being involved in, or responsible for, the investigation as required by subsection (b).

(e) Child protective and licensing agencies shall develop agreements with other child protective and licensing agencies to conduct child abuse investigations where the agency with primary jurisdiction over the case has been disqualified because of a conflict of interest between that agency and the suspected abuser, child abuse victim, or facility, when a conflict of interest does exist, the non-conflicted agency shall conduct the investigation.

HISTORY

1. New section filed 2-22-91; operative 3-24-91 (Register 91, No. 16).

Note

Note: Authority cited: Sections 11174 and 11174.1, Penal Code. Reference: Sections 1424, 11164 and 11166. 3, Penal Code; People v. Hamilton (1988) 46 Cal.3d 123, 139-141; People v. McPartland (1988) 198 Cal.App.3d 569, 572-575.