Los Angeles County Child Abuse & Neglect Protocol

1. Los Angeles County Child Abuse & Neglect Protocol A Multidisciplinary Approach to Protecting Children September 2007 ICAN-NCFR.org

2. Mission Statement Child abuse and neglect inflict pain and suffering on victims, families, and the community. The Protocol is promulgated to serve as a guideline for professionals: • to protect victims of abuse • to maximize successful interventions • to hold abusers responsible and accountable for the harm done • to prevent new victimizations ICAN-NCFR.org

3. Benefits ofCoordinating Efforts By working together, government agencies and community service providers will enhance: • Early recognition of incidents of child abuse and neglect • Effectiveness of the response procedures and reporting of child abuse and neglect • Documentation of statements and collection of evidence related to allegations of abuse ICAN-NCFR.org

4. Benefits of Coordinating Efforts-continued A coordinated approach will also: • Increase the likelihood of a successful prosecution • Reduce emotional trauma to the victims occasioned by repeat interviews, court appearances, medical/psychological examinations, and other governmental interventions ICAN-NCFR.org

5. California Youth Authority (CYA) Court Appointed Special Advocates (CASA) Community Care Licensing (CCLD) County Counsel Court Appointed Counsel for Children in Dependency Court (317 Panel) Children’s Law Center (CLCLA) Department of Children and Family Services (DCFS) Educators from County Office of Education (LACOE) & Los Angeles Unified School District (LAUSD) Inter-Agency Council on Child Abuse and Neglect (ICAN) Medical Professionals Mental Health Professionals Probation Department Public Defender Prosecutors (LADA, LA City Attorney, Attorney General) Los Angeles Police Department (LAPD) Los Angeles Sheriff’s Department (LASD) Independent Police Chiefs Child Advocates Advocates for the Disabled Participating Agencies ICAN-NCFR.org

6. Multi-Disciplinary Approach • Communication between professionals is required from the earliest opportunity in order to • Coordinate investigations • Limit repeat interviews • Share information ICAN-NCFR.org

7. Composition of a Multi-Disciplinary Team Welfare & Institutions Code, § 18951 A team must consist of three or more members and usually includes, but is not limited to: • Law enforcement • CSW • Prosecutor • Child advocate • Medical professional • Mental health representative • Public education professional ICAN-NCFR.org

8. Mandatory Reporting of Child Abuse and Neglect-11165.7PC Because children are among the most defenseless victims of crime, the law provides special protection for them. A key legal protection is the requirement that people involved in certain occupations mustreport suspected child abuse and neglect. ICAN-NCFR.org

9. Mandated Reporting-continued The Protocol details: • Professions mandated to report by statute • Definitions of key terms • Conduct that must be reported • Conduct that may be reported • How to make a report • Procedures for group reporting • Law mandating cross-reports • Immunity for Mandated Reporters • Criminal liability for failing to report • Availability of mandated reporter training ICAN-NCFR.org

10. Initial Response A collaborative approach by all first responders to reports of child abuse and neglect is essential to protect the child and gather evidence. Collaboration, particularly between law enforcement and DCFS, is vital. Guidelines are presented that will enable first responders to work together and share information while adhering to the separate mandates and policies of their respective agencies. ICAN-NCFR.org

11. Initial Response-continued The Protocol details: • Mandatory response by DCFS • Immediate response by law enforcement • Recommendations for cooperative field response • School site interviews and investigations • Victim’s rights • Initial interview of the child • Documentation by agency • Temporary custody and placement of the child • Medical Examination of a child in protective custody • Procedures for transporting a child ICAN-NCFR.org

12. On-going Obligation to Cross-report • §11166(h)PC, requires DCFS to cross-report to law enforcement and the district attorney’s office (DA) every known or suspected instance of child abuse and neglect. • §11166(i)PC, requires law enforcement to cross-report to DCFS and the DA every known or suspected instance of child abuse and neglect. • The obligation to cross-report abuse and neglect does not end with the intervention of the agency but continues through-out the agency involvement in the case. • Improved avenues of communication are one of the key elements discussed in the Protocol. • In Los Angeles County, the Board of Supervisors have formally recognized the importance of including city prosecutorial agencies in the cross-reporting process. ICAN-NCFR.org

13. Child Death Investigations The Protocol details guidelines and best practices for: • Support for surviving siblings • Medical practitioners • Coroner • Law enforcement • District Attorney • County Counsel • DCFS ICAN-NCFR.org

14. Follow-up Investigation and Case Management For some agencies, the first responders will hand over the case for additional investigation or case management to another agency employee. The responsibility for follow-up and case management should be assigned to professionals with child abuse training. ICAN-NCFR.org

15. Follow-up Investigation and Case Management- continued The Protocol details guidelines, statutory requirements, and best practices for: • Law enforcement • Mandated training (13516PC) • Interviewing • Evidence collection • Filing a case ICAN-NCFR.org

16. Follow-up Investigation and Case Management- continued • DCFS • Case plan (16501.1WIC) • Voluntary supervision • Filing a petition • On-going cross-reporting (11166.3PC) ICAN-NCFR.org

17. Special Areas of Concern The Protocol provides guidelines and best practices for cases presenting unique concerns: • Safely Surrendered Baby law • Child abduction cases • Drug endangered children • Incidents in out-of-home care • Native American children • Special-Needs children ICAN-NCFR.org

18. Medical Examinations The Protocol provides details for forensic medical examinations when the following are suspected: • Sexual abuse (13823.5PC) • Physical abuse (11171PC) • Non-organic Failure to Thrive ICAN-NCFR.org

19. Medical Examinations-continued The Protocol details the importance of the forensic medical exam in the following areas: • History and assessment • History of the present condition • Past medical history • Past developmental history • Delays in seeking treatment ICAN-NCFR.org

20. Medical Examinations-continued • Physical findings • Bruises • Burns • Skeletal injuries • Abusive head trauma • Intra-abdominal injuries • Intra-thoracic injuries • Diagnostic tests ICAN-NCFR.org

21. Victim Services The Protocol details services available to victims of abuse and neglect such as: • Mental health services • Victim/Witness Assistance Program • Court Appointed Special Advocates ICAN-NCFR.org

22. Legal Proceedings The Protocol details what can be expected for the child and the professional if called to appear before: • Criminal Court • Juvenile Court • Delinquency • Dependency • Family Court ICAN-NCFR.org

23. Communication The Protocol details statutory authority permitting the sharing of otherwise confidential information among members of multidisciplinary teams. • §18951(d) WIC: formation of multidisciplinary teams • § 830 WIC: information-sharing among members of multidisciplinary team • §827 of the Welfare & Institutions Code (WIC): access to Juvenile Court documents • §11166.7 PC: formation of child death review teams ICAN-NCFR.org

24. Appendices The Protocol includes additional resource information including: • Recognized Resources for Forensic Evaluations • Determining Reasonable Suspicion Guidelines • Pediatric Condition Falsification (Munchausen by Proxy) • Mandated forms • Los Angeles County American Indian Child Abuse Protocol • Dual Supervision Cases MOU • Hospital Protocol for Evaluating and Reporting Cases Involving Prenatal Drug/Alcohol Exposure • Criminal Child Abuse Investigative Checklist ICAN-NCFR.org

25. Training Opportunities Agencies participating in the Task Force are available to provide training on all issues covered in the Protocol including: • Mandated Reporting • Investigation of abuse and neglect cases • Safely Surrendered Baby law • Working with the disabled • Court procedures- Juvenile and Criminal ICAN-NCFR.org

26. Further Information • The Protocol can be accessed at: • ICAN-NCFR.org For information on training please contact: Mary Nichols ICAN Program Administrator (626)455-4585 alvinm@dcfs.lacounty.gov ICAN-NCFR.org