& neglect

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

• child abuse

Merced County Human Services Agency
HSA-SAS mod3child.ppt (5/07)
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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 Abuse
• Sexual Assault
• Sexual Exploitation
• Neglect
• Willful harm or injury
• Includes psychological
• Endangerment

273d 243(d) 286 288.2 288.4 288.7 289 311.4 236
242 273ab 245(a)(1) 285 288 288.3 288.5 288a 311.
3 313.1 273a
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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 273a
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NeglectPenal Code 11165.2
Person with care or custody of a child

• 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 injury

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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
• May 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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RolesChild Welfare Services Law Enforcement

• Child Welfare Services
• Abuse/neglect perpetrated by parent or primary
  caregiver
• Investigates intra-familial child abuse or
  neglect
• Ensures routine safety
• Requests detention from judge or law enforcement

• Law Enforcement
• Abuse/neglect perpetrated by anybody
• Investigates crimes committed against children
• Evaluates child protection issues in coordination
  with Child Welfare Services.
• Possesses legal authority 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 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)

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

• District Attorney
• All Child abuse or severe neglect
• Not 11165.2(b) General neglect
• Not 11165.13 Failure to protect, general
  neglect due to substance abuse

• Child Welfare Services
• Child death related to abuse or neglect
• Child abuse or neglect and
• Person responsible for the childs welfare or
• Failure to protect when they knew or should have
  known child was in danger

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When Not To Cross-ReportTo CWS

• Joint response from CWS and LE
• Suspect is not responsible for the childs
  welfare
• Person who failed to act is not responsible for
  the childs 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 Womans Place
• C. J. Wunder
• Animal Control
• Art Ferrario

• Dos Palos
• Barry Mann
• Gustine
• Kris Anderson
• Los Banos PD
• Chet Stygar
• U. C. Merced
• Mike Parish
• Parole
• Raymond Lee
• Probation
• Rosa Ramirez

• Atwater PD
• Frank Pietro
• Sam Joseph
• Livingston PD
• Chris Soria
• Sharon Silva
• Merced PD
• Hector Ortiz
• Scott Skinner
• Sheriffs Office
• Greg Mahan
• Jason Goins

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Additional Reporting DutiesFoster 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

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Additional Reporting DutiesChild Dependant or
Ward

• Childs 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 childs attorney shall
  be provided w/in 30 days

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Additional Reporting DutiesChild 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 materials
  to L.A.

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Report

• Mandated Reporters
• Name
• Business address
• Telephone number
• Information causing reasonable suspicion
• Source of information

• Childs
• 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
• Abuse or severe neglect
• Investigation (CWS or LE)
• Result is not unfounded
• 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 700 a.m. to 445 p.m.
• On-Call
• Essential information
• Number of children present?
• Childrens ages?
• Mothers 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 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 case

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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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Child Interview (12 or Younger)Probable Cause
Interview

• Simple sentence structure
• No leading questions
• No suggested answers
• Questions that are developmentally appropriate

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Child Interview (12 or Younger)Probable Cause
Interview

• AUDIO OR VIDEO TAPE
• THE INTERVIEW !!!

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Child Interview (12 or Younger)Probable Cause
Interview

• Establish childs capacity
• The details of now
• DATE OF BIRTH CURRENT AGE
• Descriptive terms
• True vs. Not True
• Identify the cast
• Use childs terms language
• Have a paper and pencil available
• If anything is drawn or written it MUST be
  entered into evidence

Create Rapport
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Child Interview (12 or Younger)Probable Cause
Interview

• Establish for each incident
• Who
• What
• Where
• When
• Why
• How

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Child Interview (12 or Younger)Probable Cause
Interview

• Topic starters
• Im here because you talked to your teacher about
  some problems. . . . Can you tell me about whats
  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

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Child Interview (12 or Younger)Probable Cause
Interview

• Dont 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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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?

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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?

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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?

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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)
• Did you ever write about it?

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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

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Corresponding Follow-up Interviews

• Parents
• Victims 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)
• Creative
• Realistic
• Active Listening
• Flexible
• Trustworthy Participant
• Evidence
• Documented

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Pretext

• Scenarios
• Wants to meet
• Pregnancy
• Medical Complaint
• Wants to stop
• Parent confronting based on childs disclosure
  and/or medical condition
• Family meeting
• PRETEXT MUST OCCUR BEFORE SUSPECT INTERVIEW

SURPRISE!
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Contact with Suspect
Communication

• 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

• Dont 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

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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 Yes
• Under 14 Penetration
• Automatic Yes
• 14 over Penetration Delayed Report

Detectives 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
Updated 6/1/07
Presented by Kimberly Helms Deputy County
Counsel Human Services Agency Contact
Information 385-3000 Ext. 5210
Family Violence Protocol Integrated Training for
Law Enforcement, Social Services, and Advocates