Procedure 05-06 Child Abuse

Overview of Child Abuse Investigations

• Police responsibilities encompass investigations of physical and sexual child abuse.
• Procedures to follow include various protocols and memorandums specific to Ontario's child protection processes.

Key Protocols

• Joint Investigations of Child Physical and Sexual Abuse in Toronto.
• Toronto Police Service Criminal Investigation Management Plan.
• Ontario Major Case Management Manual for applicable cases.
• Chief Coroner’s protocols for sudden deaths in children under five and one year old.

Supervisory Responsibilities

• Mandatory attendance of Supervisory Officers upon receiving abuse complaints.
• Officer in Charge (OIC) must be notified immediately regarding suspected child abuse cases.

Role of Child & Youth Advocacy Centre (CYAC)

• A specialized division within Detective Operations – Sex Crimes focused on child protection and support.
• Operates in collaboration with various aid organizations and hospitals.
• Investigates cases of physical and sexual abuse of children under 16 based on specific criteria.

Investigation Conduct on School Premises

• Investigations may occur on school property without parental notification in certain circumstances, particularly if abuse is disclosed there.
• Schools must be informed promptly about interviews conducted without prior notification.

Team Response in Child Abuse Cases

• Any suspicion of abuse requires a coordinated Team response, particularly if potential law violations or protective needs arise.
• Assigning responsibility for investigations depends on the incident's location and circumstances.

Increased Age of Protection

• As of January 1, 2018, Ontario protects individuals under 18 years.
• Sixteen and seventeen-year-olds may access the Voluntary Youth Services Agreement (VYSA) for support when needed.

Best Practices for Police Officers

• Non-uniformed child abuse investigators should handle initial victim interactions when possible.
• Safety and welfare of the victim are primary concerns during investigations.

Response Protocols for Child Victims

• Briefly interview complainants and consult with investigators regarding child transport for medical evaluation.
• Specific conditions warrant immediate medical attention, prioritizing children showing signs of severe distress or injury.

Examination and Evidence Protocols

• Follow the Center for Forensic Sciences guidelines for evidence collection regarding sexual assault cases.
• Medical assessments must be prioritized within prescribed time frames for evidence collection.

Collaborative Investigation Strategies

• Investigators should engage with Child Aid Society workers to facilitate timely and safe decisions for children at risk.
• A collaborative approach promotes continuity and efficiency during the investigation process.

Victim Interviewing Guidelines

• Aim for a child-friendly environment for victim interviews.
• Utilize available resources, like the Child & Youth Advocacy Centre, to ensure a supportive setting.

Documentation and Reporting

• Investigators must accurately document all interactions, decisions, and actions taken during investigations.
• Evidence collection, including photographic documentation of injuries, is critical for case substantiation and legal processes.### Contact Information
• West Division contact: 416–255–5900; post hours and weekends, reach out to 22 Division.
• SickKids Hospital SCAN unit: 555 University Avenue, contact 416–813–7500; on-call clinician available via switchboard.

Support During Interviews

• A support person may be present during a victim's interview, with consideration of potential influence.
• Support individuals must be aware they might be subpoenaed to testify.
• Electronic recordings should follow Procedure 12–08 for storage and handling.

Victim Impact and Legal Procedures

• Encourage victims and non-offending caregivers to submit a Victim Impact Statement in line with Procedure 04–24.
• If CAS is absent during an interview, they can later view the electronically recorded statement.

Interactions with CAS

• Upon CAS request for recorded statements, inform them to acquire a subpoena or court order.
• Each additional/potential victim or witness must be interviewed separately and privately.
• After interviewing the alleged offender, disclose results to the CAS which includes whether charges were filed and caution about information confidentiality.

Immediate Protection and Risk Assessment

• If immediate protection is needed, prioritize child safety over the alleged offender's presence in the home.
• Work with CAS to assess risks to other children after a child's death suspected to involve foul play.

Information Sharing and Disclosure

• For cases posing risks to individuals or groups, consider disclosing personal information per applicable guidelines.
• Take proper steps when laying criminal charges, including ensuring offenders do not access firearms, and request prohibitions if safety is a concern.

Victim Services and Court Coordination

• Refer victims to Child Victim Witness Support Program for court prep, and to Victim/Witness Assistance Program for support.
• Prior to the accused's first court appearance, ensure coordination with the crown attorney about the child's capability to testify.

Documenting and Investigating Abuse Cases

• Complete Violent Crime Linkage Analysis System (ViCLAS) report as applicable.
• Upon suspected child abuse notifications, request a designated investigator from CYAC and ensure proper documentation is distributed.

Release Procedures for Offenders

• Before releasing a prisoner, conduct thorough inquiries regarding possession of firearms or related items, ensuring safety for the victim through item surrender.

Definitions of Child Abuse

• Child Abuse: Involves inflicting harm or neglect leading to risk of serious impairment to a child's development (Child, Youth and Family Services Act ss.136 (1)(2)).
• Child Physical Abuse: Refers to violations involving physical harm or neglect from a caregiver towards a child below eighteen.
• Child Sexual Abuse: Involves an adult using a child for sexual purposes, constituting potential violations of criminal law or placing the child in need of protection.

Roles in Investigation

• Designated Child Abuse Investigator: Specially trained officer for child physical and sexual abuse investigations.
• Designated CAS Worker: Specialist responsible for child protection investigations.
• Child Abuse Investigation Team: Collaboration between a police investigator and a CAS worker for effective case management and communication.