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Module Child Abuse and Neglect

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Module Child Abuse and Neglect Powered By Docstoc
					                                 module 3
                                 Family Violence Protocol
                                  Integrated Training for Law Enforcement,
                                  Social Services, and Advocates




                                 child abuse
                               & neglect  Merced County Human Services Agency
HSA-SAS mod3child.ppt (5/07)
         Contents
      Child Abuse and Neglect
      Agency Roles and Communication
      Response to Requests
       • Law Enforcement to Child Welfare Services
       • Child Welfare Services to Law Enforcement
      Investigation



#3
     Child Abuse
#3   and Neglect
         Child Abuse or Neglect
         Penal Code § 1165.6

      Physical injury               242         273d
                                     273ab       243(d)
       • Non-accidental
                                     245(a)(1)
      Sexual Abuse                  285         286
       • Sexual Assault              288         288.2
       • Sexual Exploitation         288.3       288.4
                                     288.5       288.7
      Neglect
                                     288a        289
       • Willful harm or injury
                                     311.3       311.4
          – Includes psychological
                                     313.1
       • Endangerment                273a        236
#3
         Unlawful Corporal Punishment or Injury
         Penal Code § 11165.4


      A person
      Willfully inflicts
      Cruel or inhuman corporal
       punishment or
      Injury
      Resulting in a traumatic condition


#3   (Penal Code 273d)
          Willful harm or injury; Endangerment
          Penal Code § 11165.3

      Willfully causes or        Having care or
       permits;                    custody;
      Any child to suffer;       Willfully causes or
       or                          permits;
      Inflicts upon any          Person or health of
       child;                      child
      Unjustifiable              Placed in situation in
       physical pain or            which person or
       mental suffering            health is
                 OR                endangered
#3
                     Similar to 273a
          Neglect
          Penal Code § 11165.2


      Person with care or custody of a child;
         Severe Neglect             General Neglect
      Negligent failure to       Negligent failure to
       protect from severe         provide adequate:
       malnutrition or              •   Food
       medically diagnosed          •   Clothing
       failure to thrive; or        •   Shelter
      Willfully cause or           •   Medical Care
       permit the person or       No physical injury
       health to be
#3     endangered
           Serious Emotional Damage
           Penal Code § 11166.05


      Suffering or Substantial Risk;
      States of being or behavior
       •   Severe anxiety
       •   Depression
       •   Withdrawal
       •   Untoward Aggressive Behavior
           – Self
           – Others
      May Report
#3
         Not Included
          as Child Abuse or Neglect
      Lawful corporal punishment
      Mutual affray between minors
      Medical decision after consultation
      Child not receiving medical treatment for
       religious reasons*
      Delivery of an infant with a positive
       toxicology screen*

#3
         Not Included
          as Child Abuse or Neglect
      Reasonable and necessary force
       • Peace officer
         – Scope of employment
       • Public school
         – Quell a disturbance
            – Physical injury
            – Damage to property
         – Self-defense
         – Gain possession of weapon or dangerous object
         – Equal to a parent


#3
           Risk Factors

      Primary Risk Factor
       • parental substance abuse
      Other Risk Factors
       •   family stresses
       •   poverty
       •   social isolation
       •   mental illness
       •   generational abuse
       •   domestic violence
       •   pregnancy
#3
     Agency Roles &
     Communication
#3
          Roles:
          Child Welfare Services & Law Enforcement

      Child Welfare             Law Enforcement:
       Services:                  • Abuse/neglect
       • Abuse/neglect              perpetrated by
         perpetrated by             anybody
         parent or primary        • Investigates crimes
         caregiver                  committed against
       • Investigates intra-        children
         familial child abuse     • Evaluates child
         or neglect                 protection issues in
       • Ensures routine            coordination with
         safety                     Child Welfare
       • Requests detention         Services.
         from judge or law        • Possesses legal
#3       enforcement                authority to detain
          Mandated Reporter
          Penal Code § 11165.7

      Public assistance         District Attorney
       worker*                    investigator
      Social worker*            Animal control
      Probation officer*         officer
      Parole officer            Custodial officer
      Peace officer*            Public and private
                                  organizations
                                    • duties require direct
                                      contact with and
                                      supervision of children
#3   * Also includes any employee
           Cross-Reporting Duties
           County Probation or Welfare Department

                        Penal Code § 11166 (j)
      Immediately or as soon as practicably possible
      Report by phone, fax, or electronic transmission
      To:
        • Child Welfare Services
        • Law enforcement agency w/ jurisdiction
        • District Attorney
      Child abuse or severe neglect (11165.6)
        • Not 11165.2(b) – General neglect
        • Not 11165.13 – Failure to protect, general neglect due to substance
          abuse

#3    Child death related to abuse or neglect
      Written report w/in 36 hours
            Cross-Reporting Duties
            Law Enforcement Agency § 11166(k)
        Immediately or as soon as practicably possible
        Report by phone, fax, or electronic transmission
        Written report w/in 36 hours to:
        Child Welfare Services       District Attorney
          • Child death related to       • All Child abuse or
            abuse or neglect;              severe neglect
          • Child abuse or neglect;      • Not 11165.2(b) –
            and                            General neglect
          • Person responsible for       • Not 11165.13 – Failure
            the child’s welfare; or        to protect, general
          • Failure to protect when        neglect due to
            they knew or should have       substance abuse
            known child was in
#3          danger
         When Not To Cross-Report:
         To CWS

      Joint response from CWS and LE
      Suspect is not responsible for the child’s
       welfare
      Person who failed to act is not
       responsible for the child’s welfare




#3
            Departmental Liaisons
            problem-solving; case status; complaints
     CWS                   Atwater PD         Dos Palos
      David Goger       Frank Pietro         Barry Mann
      Alexandra Pierce  Sam Joseph          Gustine
      Raquel Velazquez                        Kris Anderson
                        Livingston PD
      Janice Rector
                         Chris Soria         Los Banos PD
     APS                 Sharon Silva         Chet Stygar
      Linda Nicholas   Merced PD             U. C. Merced
     A Woman’s Place        Hector Ortiz      Mike Parish
      C. J. Wunder         Scott Skinner
                                              Parole
     Animal Control        Sheriff’s Office    Raymond Lee
      Art Ferrario         Greg Mahan
#3                                            Probation
                            Jason Goins       Rosa Ramirez
         Additional Reporting Duties:
         Foster Homes
      Licensing Agency – Penal Code § 11166.1(a)
       • Within 24 hours
          – Abuse alleged to occur in a:
          – Death of child who was:
             – Living at
             – Enrolled in
             – Regularly attending

          – State Dept. of Social Services
           licensed child care facility

#3
           Additional Reporting Duties:
           Child Dependant or Ward
      Child’s Attorney – Penal Code § 11166.1(b)
       •   Child in protective custody
       •   Abuse or neglect
       •   Written report within 36 hours
       •   Agency shall maintain copy of written report
       •   Information requested by child’s attorney
           shall be provided w/in 30 days



#3
         Additional Reporting Duties:
         Child Day Care
      Licensing Agency – Penal Code § 11166.2
       • Abuse or neglect
          – While at child day care facility
          – Involving a licensed child day care staff person
          – While under the supervision of child day care or
            facility licensee or staff person.
       • Immediately fax, phone or email L.A.
       • Written report within 36 hours to normal
         reporting agency
       • Investigation Report & other pertinent
#3       materials to L.A.
          Report

      Mandated               Child’s
       Reporter’s              •   Name
       • Name                  •   Address
       • Business address      •   Present location
       • Telephone number      •   School
      Information causing     •   Grade
       reasonable              •   Class
       suspicion              Parent/Guardians
      Source of               contact information
       information            Any relevant
                               information re:
#3                             Suspect
     S.C.A.R.
     Suspected Child Abuse Report




#3
         Department of Justice
         Child Abuse Summary Report

     Child Abuse
        Central Index
     1. Abuse or
        severe neglect
     2. Investigation
        (CWS or LE)
     3. Result is not
        unfounded
     4. Notice
        provided to
#3
        suspect
     Response to
#3
     Requests
           Child Welfare Services Calls for
           Assistance
      CWS will tell Law Enforcement dispatch
       whether:
       • The worker is currently in the home.
       • There is an immediate risk to the child.
       • The situation is escalating.
       • The social worker feels detention is
         probable.
       • The abuser is on probation or parole and
         whether he/she is currently in the home.
#3
         Law Enforcement Calls for
         Assistance
      Child Welfare Services will respond
       immediately or as soon as practical
       • Monday – Friday: 7:00 a.m. to 4:45 p.m.
       • On-Call


      Essential information:
       • Number of children present?
       • Children’s ages?
       • Mother’s name and date of birth?
#3
         Law Enforcement Calls for
         Assistance


      On-Call Response
       • Two on-call social workers available to respond.
       • On-call worker calls before responding in person
       • Weekly on-call assignments are faxed to all law
         enforcement agencies every Friday morning.
              Confidential – Do Not Release



#3
     Investigation
#3
         Source of Allegation


      Direct witness
      Medical/Psychological status
      Child victim
                     Weak Link
     Child witness is central evidence to the
                       case

#3
         Child Interview (12 or Younger)

      MDIC interview preferred
       • If probable cause can be established by
         – Eye witness; or
         – Medical condition and
         – Only one possible perpetrator
       • Then do not interview child before the
         MDIC

                            OR

      Probable Cause Interview
#3
           Child Interview (12 or Younger)
           Probable Cause Interview

      Comfortable location
      Minimal number of people
       •   Law enforcement
       •   CWS emergency response worker
       •   School personnel if requested by child
       •   Support person if requested by child
      Position interviewer at same or lower
       level
      Make available a secondary activity
#3
         Child Interview (12 or Younger)
         Probable Cause Interview

      Simple sentence structure

      No leading questions

      No suggested answers

      Questions that are developmentally
       appropriate
#3
     Child Interview (12 or Younger)
     Probable Cause Interview



     AUDIO OR VIDEO TAPE

         THE INTERVIEW !!!



#3
         Child Interview (12 or Younger)
         Probable Cause Interview

      Establish child’s capacity
       • The details of now
         – DATE OF BIRTH & CURRENT AGE
       • Descriptive terms
       • True vs. Not True
      Identify the cast
      Use child’s terms & language
      Have a paper and pencil available
       • If anything is drawn or written it MUST
#3       be entered into evidence
           Child Interview (12 or Younger)
           Probable Cause Interview

      Establish for each incident:

       •   Who
       •   What
       •   Where
       •   When
       •   Why
       •   How

#3
         Child Interview (12 or Younger)
         Probable Cause Interview

      Topic starters:
       • I’m here because you talked to your
         teacher about some problems. . . . Can
         you tell me about what’s been
         happening?
       • Good touch vs. bad touch -- Has
         anybody ever touched you in a way that
         made you feel like it was a bad touch?
         – Have diagram ready for younger kids

#3
           Child Interview (12 or Younger)
           Probable Cause Interview

      Don’t ask how many times;

       •   Did it happen more than once?
       •   Can you tell me about another time?
       •   Can you remember the first time?
       •   Can you remember the last time?
       •   How often do things like that happen?
       •   Is there a pattern? Or
       •   Does something else often happen at
           the same time?
#3
         Child Interview (12 or Younger)
         Probable Cause Interview

                   Jurisdiction
      Ask about location
       • Has this ever happened in a different
         room in your house?
       • Has this ever happened when you were
         not at home?
       • Has this ever happened when you lived
         somewhere else?
       • Has this ever happened in a car?
#3
         Child Interview (12 or Younger)
         Probable Cause Interview

                     Time Frame

      How old?
      What grade in school?
      What teacher?
      Was it near a birthday, holiday or
       vacation?
      Had your little brother or sister been
       born?
#3
           Child Interview (12 or Younger)
           Probable Cause Interview

                     Truth in Details
                     (Look to the five senses)


      What was said?
         • (Both suspect and victim)
        What did _______ look like?
        Did you smell anything?
        Did you taste anything?
        What did it feel like?
#3
         Child Interview (12 or Younger)
         Probable Cause Interview

              Other Available Evidence

      Was anybody else there?
      Did anybody else see?
      Clothing or linens?
      Clean up cloths?
      Pictures, video, computer or cell
       phone?
      Did you tell anybody? (MySpace.com)
#3    Did you ever write about it?
           Child Interview (12 or Younger)
           Probable Cause Interview

              Other Available Evidence

      Incidents coordinate with:
       •   Work
       •   Hospitalization
       •   Visitation
       •   T.V. broadcast
       •   Cell phone records
       •   Church meetings
#3
           Corresponding Follow-up
           Interviews
      Parents
       •   Victim’s date of birth
       •   Home addresses
       •   Schools attended
       •   Teachers’ names
       •   Contact information for friends
       •   Dates of birth for siblings/cousins, etc.
       •   Dates suspect had access to victim

#3
           Corresponding Follow-up
           Interviews
      Other potential victims:
       •   Siblings
       •   Cousins
       •   Friends
       •   Parents
      Friends w/ corroborating information
      Former romantic partners
       • Half-siblings
       • Step children
       • Grandparents
#3
         Pretext
          Telephone Call or Meeting
                • (Electronic communications)

      Creative
      Realistic
      Active Listening
      Flexible
      Trustworthy Participant
      Evidence
      Documented
#3
           Pretext
      Scenarios
       • Wants to meet
       • Pregnancy
       • Medical Complaint
       • Wants to stop
       • Parent confronting based on child’s disclosure
         and/or medical condition
       • Family meeting

           PRETEXT MUST OCCUR
             BEFORE SUSPECT
#3
                INTERVIEW
        Contact with Suspect

      CWS Case
      • Child detained?
        – Mandatory time limits
        – Discovery required
      • Suspect notification required
        – Penal Code §11167(e)
           – at the time of the initial contact with the individual
             who is subject of the investigation,
           – shall advise the individual of the complaints or
             allegations against him or her
        – Penal Code §11168(b)
#3         – Child Abuse Central Index
         Suspect Interview

      Don’t let your emotions get in the
       way
      Be understanding
      Let suspect provide a scenario first
      Poke holes by revealing evidence
      Confront near the end
      Offer a way to help the child

#3
         Suspect Interview

      Coordinate interview with likely
       evidence
       • Cell phone history
         – Service provider
         – Location of bills
       • Photos/videos of victim
         – Digital or film
         – Internet developing or sharing
       • Email communication w/ victim
         – Service provider
#3       – ID & password
         Sexual Assault Exam

      W/in 72 hours + Penetration
                             = Automatic Yes

      Under 14 + Penetration
                                = Automatic Yes

      14 & over + Penetration + Delayed Report
                    =
                         Detective’s Decision
#3
           Physical Evidence

        Computer
        Camera/Video Recorder
        Pornography
        Photos
        Linens
        Clothing
        Weapon
        Scene
#3      Attempt to destroy evidence
Module 3
Child Abuse & Neglect
Updated 6/1/07


Presented by:
    Kimberly Helms
    Deputy County Counsel
    Human Services Agency

Contact Information:
        385-3000 Ext. 5210




Family Violence Protocol
#3Integrated Training for Law Enforcement,
  Social Services, and Advocates

				
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