INVESTIGATIONS BY THE DEPARTMENT OF CHILD SERVICES (DCS)

INVESTIGATIONS BY THE DEPARTMENT OF CHILD SERVICES (DCS)

ag5540.01Adopted July 8, 2025

5540.01 - INVESTIGATIONS BY THE DEPARTMENT OF CHILD SERVICES (DCS)

Principals are expected to comply with the law regarding access to School Corporation premises and its students by the Department of Child Services (DCS). This applies to both requests for education records and interviews of students.
 
Requests for Education Records

When DCS requests copies of a student’s education records, the Principal will ask DCS for a copy of: (1) written parental consent to release the education records to DCS; or (2) the court order or lawfully issued subpoena that requires the School to produce the student’s education records. If the DCS employee presents a release signed by the parent that authorizes the Corporation to release the student’s education records to DCS, the Principal will provide access to (and, if requested, copies of) the Student’s education records. If the DCS employee presents a court order of lawfully issued subpoena, the Principal may disclose the student’s education records only if the school makes a reasonable effort to notify the parent or eligible student (that is, a student who is emancipated or at least 18 years of age) of the order or subpoena in advance of compliance, so that the parent or eligible student may seek protective action, unless the disclosure is in compliance with:

  1. a Federal grand jury subpoena, and the court has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed;
  2. any other subpoena issued for a law enforcement purpose and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed; or
  3. an ex parte court order obtained by the United States Attorney General (or designee not lower than an Assistant Attorney General) concerning investigations or prosecutions of an offense listed in 18 U.S.C. 2332b(g)(5)(B) or an act of domestic or international terrorism as defined in 18 U.S.C. 2331.

The Principal must document the release of education records to DCS as required by po8330 – Student Records and any administrative guidelines, including the exception that permits release of the records without parent consent, as applicable.

Interviews by DCS

When DCS requests permission to interview a student at school, the Principal will attempt to inform the student's parents, unless directed not to do so by the DCS representative request that the DCS representative inform the student’s parents unless one or both of the parents is/are the target of the investigation. 

When DCS states a legitimate purpose for questioning or examining a student while the student is entrusted to the Corporation, such as exigent circumstances as defined by State law, the Principal will be present throughout the proceedings unless ordered not to be present by a DCS representative or a court of law.
 
One legitimate purpose would be exigent circumstances as follows:

  1. DCS has definite and articulable evidence giving rise to a reasonable suspicion that the student or another child residing in the home with the student:
     
    1. has been or is in imminent danger of being physically or sexually abused; or
    2. has been or is in imminent danger of being neglected in a manner that would lead a reasonable person to believe the student’s physical safety is seriously endangered.
  2. There is no less intrusive alternative that would reasonably and sufficiently protect the student's imminent health and safety or that of the other child in the home with the student; and
  3. One (1) or more of the following applies:
     
    1. the parent, guardian, or custodian of the student or other child in the home with the student:
       
      1. is the alleged perpetrator of the abuse or neglect of the student or other child in the home with the student; or
      2. is allegedly aware of the abuse or neglect of the student or other child in the home with the student and allegedly has not ensured the safety of the student or other child in the home with the student.
    2. There is reason to believe that, if DCS action is delayed or if the student’s parent, guardian or custodian is notified before the DCS’s action:
       
      1. the safety of the student or other child in the home with the student might be jeopardized; or
      2. essential evidence regarding signs or symptoms of abuse or neglect might not be available; or
      3. the student or other child in the home with the student is a homeless unaccompanied minor and is voluntarily receiving services at an emergency shelter or shelter care facility without the presence or consent of the student’s parent, guardian custodian or that of the other child in the home with the student.

 
An allegation of educational neglect does not qualify as an exigent circumstance.

Except in the case of an emergency or where DCS has a warrant, all DCS representatives must follow the procedures for school visitors as established by the Superintendent pursuant to po9150 – School Visitors and ag9150 – School Visitors.
 
The Principal will not interfere with the interview or examination if present during the interview or examination but will only observe.
 
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