& neglect

1. 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)

2. 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 and Neglect

4. 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 242 273ab 245(a)(1) 285 288 288.3 288.5 288a 311.3 313.1 273a 273d 243(d) 286 288.2 288.4 288.7 289 311.4 236

5. 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)

6. 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 Willful harm or injury; EndangermentPenal Code § 11165.3 Similar to 273a

7. 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 NeglectPenal Code § 11165.2 Person with care or custody of a child;

8. 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

9. 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*

10. 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

11. Risk Factors • Primary Risk Factor • parental substance abuse • Other Risk Factors • family stresses • poverty • social isolation • mental illness • generational abuse • domestic violence • pregnancy

12. Agency Roles & Communication

13. 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 Roles:Child Welfare Services & Law Enforcement

14. 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

15. 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 Cross-Reporting DutiesCounty Probation or Welfare Department

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

17. 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

18. Departmental Liaisonsproblem-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 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 Sheriff’s Office • Greg Mahan • Jason Goins

19. 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

20. 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

21. 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 materials to L.A.

22. Mandated Reporter’s Name Business address Telephone 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 Report

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

24. 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

25. Response to Requests

26. 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.

27. 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?

28. 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

29. Investigation

30. Source of Allegation • Direct witness • Medical/Psychological status • Child victim Weak Link Child witness is central evidence to the case

31. 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

32. 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

33. Child Interview(12 or Younger)Probable Cause Interview • Simple sentence structure • No leading questions • No suggested answers • Questions that are developmentally appropriate

34. Child Interview(12 or Younger)Probable Cause Interview AUDIO OR VIDEO TAPE THE INTERVIEW !!!

35. 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 be entered into evidence Create Rapport

36. Child Interview(12 or Younger)Probable Cause Interview • Establish for each incident: • Who • What • Where • When • Why • How

37. 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

38. 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?

39. 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?

40. 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?

41. 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?

42. 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?

43. 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

44. 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

45. Corresponding Follow-up Interviews • Other potential victims: • Siblings • Cousins • Friends • Parents • Friends w/ corroborating information • Former romantic partners • Half-siblings • Step children • Grandparents

46. Pretext Telephone Call or Meeting • (Electronic communications) • Creative • Realistic • Active Listening • Flexible • Trustworthy Participant • Evidence • Documented

47. 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 INTERVIEW SURPRISE!

48. 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

49. 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

50. 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