HSA-SAS mod3child.ppt (5/07) & neglect child abuse Merced County Human Services Agency module 3...

HSA-SAS mod3child.ppt (5/07)

& neglectchild abuse

Merced County Human Services Agency

module 3Family Violence Protocol

Integrated Training for Law Enforcement, Social Services, and Advocates

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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

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Child Abuse and Neglect

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Child Abuse or NeglectPenal Code § 1165.6

Physical injury• Non-accidental

Sexual AbuseSexual Abuse• Sexual Assault• Sexual Exploitation

Neglect• Willful harm or injury

– Includes psychological

• Endangerment

273d273d

243(d)243(d)

286286

288.2288.2

288.4288.4

288.7288.7

289289

311.4311.4

236236

242 242

273ab273ab

245(a)(1)245(a)(1)

285285

288288

288.3288.3

288.5288.5

288a288a

311.3311.3

313.1313.1

273a273a

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Unlawful Corporal Punishment or InjuryPenal Code § 11165.4

A person Willfully inflicts Cruel or inhuman corporal

punishment or Injury Resulting in a traumatic condition

(Penal Code 273d)

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Willful harm or injury; EndangermentPenal Code § 11165.3

Willfully causes or permits;

Any child to suffer; or

Inflicts upon any child;

Unjustifiable physical pain or mental suffering

OR

Having care or custody;

Willfully causes or permits;

Person or health of child

Placed in situation in which person or health is endangered

Similar to 273aSimilar to 273a

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NeglectPenal Code § 11165.2

Severe Neglect Negligent failure to

protect from severe malnutrition or medically diagnosed failure to thrive; or

Willfully cause or permit the person or health to be endangered

General Neglect Negligent failure to

provide adequate:• Food • Clothing• Shelter• Medical Care

No physical injuryNo physical injury

Person with care or custody of a child;Person with care or custody of a child;

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Serious Emotional DamagePenal Code § 11166.05

Suffering or Substantial Risk; States of being or behavior

• Severe anxiety• Depression• Withdrawal• Untoward Aggressive Behavior

– Self– Others

MayMay Report

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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*

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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

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Risk Factors

Primary Risk Factor • parental substance abuse

Other Risk Factors • family stresses • poverty • social isolation• mental illness• generational abuse • domestic violence • pregnancy

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Agency Roles & Communication

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Roles:Child Welfare Services & Law Enforcement

Child Welfare Services: • Abuse/neglect

perpetrated by parent or primary parent or primary caregivercaregiver

• Investigates intra-familial child abuse or neglect

• Ensures routine safety

• Requests detentionRequests detention from judge or law enforcement

Law Enforcement:• Abuse/neglect

perpetrated by anybodyanybody

• Investigates crimes committed against children

• Evaluates child protection issues in coordination with Child Welfare Services.

• Possesses legal Possesses legal authority to detainauthority to detain

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Mandated ReporterPenal Code § 11165.7

Public assistance worker*

Social worker* Probation officer* Parole officer Peace officer*

* Also includes any employee

District Attorney investigator

Animal control officer

Custodial officer Public and private Public and private

organizations organizations • duties require direct

contact with and supervision of children

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Cross-Reporting DutiesCounty 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

Child death related to abuse or neglect Written report w/in 36 hours

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Cross-Reporting DutiesLaw Enforcement Agency § 11166(k)

District Attorney • AllAll Child abuse or

severesevere neglect• Not 11165.2(b) –

General neglect• Not 11165.13 – Failure

to protect, general neglect due to substance abuse

Immediately or as soon as practicably possible Report by phone, fax, or electronic transmission Written report w/in 36 hours to: Child Welfare Services

• Child death related to abuse or neglect;

• Child abuse or neglect; and

• Person responsiblePerson responsible for the child’s welfare; or

• Failure to protect when they knew or should have known child was in danger

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When Not To Cross-Report:To CWSTo 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

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Departmental Liaisons problem-solving; case status; complaints

CWS

David Goger Alexandra Pierce Raquel Velazquez Janice Rector

APS Linda Nicholas

A Woman’s Place

C. J. Wunder

Animal Control

Art Ferrario

Atwater PD

Frank Pietro Sam Joseph

Livingston PD

Chris Soria Sharon Silva

Merced PD

Hector Ortiz Scott Skinner

Sheriff’s Office

Greg Mahan Jason Goins

Dos Palos

Barry Mann

Gustine

Kris Anderson

Los Banos PD

Chet Stygar

U. C. Merced

Mike Parish

Parole

Raymond Lee

Probation

Rosa Ramirez

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Additional Reporting Duties:

Foster Homes

Licensing Agency – Penal Code § 11166.1(a)

• Within 24 hours– AbuseAbuse alleged to occur in a:– DeathDeath of child who was:

– Living at– Enrolled in– Regularly attending

– State Dept. of Social Services licensed child care facility

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Child Dependant or Ward

Child’s Attorney – Penal Code § 11166.1(b)

• Child in protective custody • Abuse or neglect• Written report within 36 hours36 hours• Agency shall maintain copy of written report• Information requested by child’s attorney

shall be provided w/in 30 days

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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.

• ImmediatelyImmediately fax, phone or email L.A.• Written report within 36 hours36 hours to normal

reporting agency • Investigation Report & other pertinent

materials to L.A.

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Report

Mandated Mandated Reporter’sReporter’s• NameName• Business addressBusiness address• Telephone numberTelephone number

Information causing reasonable suspicion

Source of information

Child’s • Name• Address• Present location• School• Grade• Class

Parent/Guardians contact information

Any relevant information re: Suspect

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S.C.A.R.Suspected Child Abuse Report

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Department of JusticeChild 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 suspect

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Response to Requests

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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.

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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?

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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 ReleaseConfidential – Do Not Release

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Investigation

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Source of Allegation

Direct witness Medical/Psychological status Child victim

Weak Link

Child witness is central evidence to the Child witness is central evidence to the casecase

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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

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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

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Simple sentence structure

No leading questions

No suggested answers

Questions that are developmentally appropriate

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AUDIO OR VIDEO TAPE AUDIO OR VIDEO TAPE

THE INTERVIEW !!!THE INTERVIEW !!!

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Establish child’s capacity• The details of now

– DATE OF BIRTH & CURRENT AGEDATE OF BIRTH & CURRENT AGE

• Descriptive terms• True vs. Not TrueNot True

Identify the cast Use child’s terms & language Have a paper and pencil available

• If anything is drawn or written it MUSTMUST be entered into evidence

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Establish for each incident:

• Who• What• Where• When• Why • How

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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 kidsHave diagram ready for younger kids

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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?

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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?

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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?

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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?

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Other Available Evidence

Was anybody else there? Did anybody else see? Clothing or linens? Clean up cloths? Pictures, video, computer or cell Pictures, video, computer or cell

phone?phone? Did you tell anybody? (MySpace.com)(MySpace.com) Did you ever write about it?

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Other Available Evidence

Incidents coordinate with:• Work• Hospitalization• Visitation• T.V. broadcast• Cell phone records• Church meetings

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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

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Corresponding Follow-up Interviews

Other potential victims:• Siblings• Cousins• Friends• Parents

Friends w/ corroborating information Former romantic partners

• Half-siblings• Step children• Grandparents

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Pretext

Telephone Call or Meeting• (Electronic communications)

CCreative RRealistic AActive Listening FFlexible TTrustworthy Participant EEvidence DDocumented

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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 PRETEXT MUST OCCUR BEFORE SUSPECT BEFORE SUSPECT

INTERVIEWINTERVIEW

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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) – Child Abuse Central Index

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Suspect Interview

Don’t let your emotions get in the Don’t let your emotions get in the wayway

Be understanding Let suspect provide a scenario first Poke holes by revealing evidence Confront near the end Offer a way to help the child

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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– ID & password

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Sexual Assault Exam

W/in 72 hours + Penetration

= Automatic YesYes

Under 14 + Penetration

= Automatic YesYes

14 & over + Penetration + Delayed Report =

Detective’s DecisionDetective’s Decision

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Physical Evidence

Computer Camera/Video Recorder Pornography Photos Linens Clothing Weapon Scene Attempt to destroy evidence

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Module 3Child Abuse & Neglect

Presented by:Kimberly HelmsDeputy County CounselHuman Services Agency

Contact Information:385-3000 Ext. 5210

Family Violence ProtocolIntegrated Training for Law Enforcement, Social Services, and Advocates

Updated 6/1/07

HSA-SAS mod3child.ppt (5/07) & neglect child abuse Merced County Human Services Agency module 3...

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