1. HSA-SAS mod3child.ppt (5/07) & neglect child abuse Merced County Human Services Agency module 3 Family Violence Protocol Integrated Training for Law Enforcement, Social Services, and Advocates

2. #3 Contents  Child Abuse and Neglect Child Abuse and Neglect  Agency Roles and Communication Agency Roles and Communication  Response to Requests Response to Requests Law Enforcement to Child Welfare Services Child Welfare Services to Law Enforcement  Investigation Investigation

3. #3 Child Abuse and Neglect

4. #3 Child Abuse or Neglect Penal Code § 1165.6  Physical injury Non-accidental  Sexual Abuse Sexual Assault Sexual Exploitation  Neglect Willful harm or injury –Includes psychological Endangerment273d243(d)286288.2288.4288.7289311.4236242273ab245(a)(1)285288288.3288.5288a311.3313.1273a

5. #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 (Penal Code 273d)

6. #3 Willful harm or injury; Endangerment Penal 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

7. #3 Neglect Penal 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 injury Person with care or custody of a child;

8. #3 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  May Report

9. #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*

10. #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

11. #3 Risk Factors  Primary Risk Factor parental substance abuse  Other Risk Factors family stresses poverty social isolation mental illness generational abuse domestic violence pregnancy

12. #3 Agency Roles & Communication

13. #3 Roles: Child Welfare Services & Law Enforcement  Child Welfare Services: parent or primary caregiverAbuse/neglect perpetrated by parent or primary caregiver Investigates intra- familial child abuse or neglect Ensures routine safety Requests detentionRequests detention from judge or law enforcement  Law Enforcement: anybodyAbuse/neglect perpetrated by anybody Investigates crimes committed against children Evaluates child protection issues in coordination with Child Welfare Services. Possesses legal authority to detainPossesses legal authority to detain

14. #3 Mandated Reporter Penal 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. #3 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  Child death related to abuse or neglect  Written report w/in 36 hours

16. #3 Cross-Reporting Duties Law Enforcement Agency § 11166(k)  District Attorney All severeAll Child abuse or severe 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

17. #3 To CWS 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. #3 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

19. #3 Additional Reporting Duties: Foster Homes  Licensing Agency – Penal Code § 11166.1(a) Within 24 hours –Abuse –Abuse alleged to occur in a: –Death –Death of child who was: –Living at –Enrolled in –Regularly attending – State Dept. of Social Services licensed child care facility

20. #3 Additional Reporting Duties: Child Dependant or Ward  Child’s Attorney – Penal Code § 11166.1(b) Child in protective custody Abuse or neglect 36 hoursWritten 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. #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. ImmediatelyImmediately fax, phone or email L.A. 36 hoursWritten report within 36 hours to normal reporting agency Investigation Report & other pertinent materials to L.A.

22. #3 Report  Mandated Reporter’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

23. #3 S.C.A.R. Suspected Child Abuse Report

24. #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 suspect

25. #3 Response to Requests

26. #3 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. #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?

28. #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

29. #3 Investigation

30. #3 Source of Allegation  Direct witness  Medical/Psychological status  Child victim Weak Link Child witness is central evidence to the case

31. #3 Child Interview (12 or Younger) MMDIC interview preferred If probable cause can be established by –E–Eye witness; or –M–Medical condition and –O–Only one possible perpetrator Then do not interview child before the MDIC OR PProbable Cause Interview

32. #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

33. #3 Child Interview (12 or Younger) Probable Cause Interview  Simple sentence structure  No leading questions  No suggested answers  Questions that are developmentally appropriate

34. #3 Child Interview (12 or Younger) Probable Cause Interview AUDIO OR VIDEO TAPE THE INTERVIEW !!!

35. #3 Child Interview (12 or Younger) Probable Cause Interview  Establish child’s capacity The details of now –DATE OF BIRTH & CURRENT AGE Descriptive terms Not TrueTrue vs. Not True  Identify the cast  Use child’s terms & language  Have a paper and pencil available MUSTIf anything is drawn or written it MUST be entered into evidence

36. #3 Child Interview (12 or Younger) Probable Cause Interview  Establish for each incident: Who What Where When Why How

37. #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

38. #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?

39. #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?

40. #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?

41. #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?

42. #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? (MySpace.com)  Did you tell anybody? (MySpace.com)  Did you ever write about it?

43. #3 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. #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

45. #3 Corresponding Follow-up Interviews  Other potential victims: Siblings Cousins Friends Parents  Friends w/ corroborating information  Former romantic partners Half-siblings Step children Grandparents

46. #3 Pretext Telephone Call or Meeting (Electronic communications)  C  C reative  R  R ealistic  A  A ctive Listening  F  F lexible  T  T rustworthy Participant  E  E vidence  D  D ocumented

47. #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 INTERVIEW

48. #3 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

49. #3 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. #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 –ID & password

51. #3 Sexual Assault Exam  W/in 72 hours + Penetration Yes = Automatic Yes  Under 14 + Penetration Yes = Automatic Yes  14 & over + Penetration + Delayed Report = Detective’s Decision

52. #3 Physical Evidence  Computer  Camera/Video Recorder  Pornography  Photos  Linens  Clothing  Weapon  Scene  Attempt to destroy evidence

53. #3 Module 3 Child Abuse & Neglect 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 Updated 6/1/07