Florida Child Abuse Laws

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What is the consequence of not making an arrest and not clearly writing the reason why in the report during a domestic violence incident?

The officer and the agency may assume liability if the persons involved re-engage in violence and injury occurs

What is the time frame for sending a domestic violence report to the nearest local certified domestic violence center?

Within 24 hours of receiving notification of the incident

What is the main goal of responding to incidents involving stalking?

To determine the appropriate course of action and charges, if necessary

What type of behavior is defined as stalking?

Unwanted and repeated attention, contact, or harassment Signup and view all the answers

How can stalking escalate?

By the suspect progressing to possessive and controlling behavior Signup and view all the answers

What is the statutory reference for the elements of stalking?

Chapter 784, F.S. Signup and view all the answers

How long can stalking behavior occur?

Either in a brief period of time or repeated over a long period of time Signup and view all the answers

What is the minimum requirement for stalking to occur?

The suspect must willfully, maliciously, and repeatedly follow, harass, or cyberstalk the victim Signup and view all the answers

What is a key element in documenting child abuse according to Chapter 827, F.S.?

The suspect knowingly or willfully abused a child younger than 18. Signup and view all the answers

What is considered physical injury according to Chapter 39, F.S.?

Death, permanent or temporary disfigurement, or impairment of any body parts. Signup and view all the answers

What is an example of mental injury from child abuse?

Injury to the intellectual or psychological health of a child. Signup and view all the answers

Who determines if a child victim cannot function within the normal range of behavior due to child abuse?

A mental health professional. Signup and view all the answers

What is an example of aggravated child abuse of a child younger than 18?

Committing aggravated battery upon a child. Signup and view all the answers

What is child neglect?

When a caregiver fails to provide food, nutrition, clothing, shelter, medicine, and medical services essential for the well-being of a child. Signup and view all the answers

What is a consequence of child abuse?

Great bodily harm, permanent disability, or permanent disfigurement. Signup and view all the answers

Who is responsible for determining if an incident is child abuse or aggravated child abuse?

The LE724.1. Signup and view all the answers

What is the primary difference between false imprisonment and kidnapping?

Intent to commit other felonies Signup and view all the answers

What is required for an incident to be considered kidnapping?

The suspect must intend to commit another felony Signup and view all the answers

What is the consequence of kidnapping a child younger than 13 with aggravated child abuse?

Life felony Signup and view all the answers

What should you do if you determine an incident is kidnapping and there is a significant threat to the victim’s well-being?

Contact dispatch and issue a BOLO Signup and view all the answers

What is often associated with kidnapping crimes?

Armed robbery and sexual battery Signup and view all the answers

What is the primary goal of responding to incidents involving false imprisonment or kidnapping?

To ensure the victim's safety and well-being Signup and view all the answers

What is required to document kidnapping?

Evidence of forced confinement, abduction, imprisonment, or restraint Signup and view all the answers

What type of felony is kidnapping?

Both state and federal felony Signup and view all the answers

What is the primary purpose of the Blue Alert?

To provide information about a suspect who poses a serious threat to the public Signup and view all the answers

Which agency is responsible for broadcasting important information about the suspect under the Blue Alert Plan?

FDLE, DHSMV, FHP, and FDOT Signup and view all the answers

What is the first step in responding to a missing person incident?

Contact your supervisor Signup and view all the answers

What is the purpose of evaluating the contents and appearance of the missing person's room, home, car, and other personal spaces?

To learn if items are missing Signup and view all the answers

What type of items are sources of fingerprints, DNA, and scent in a missing person investigation?

Hairbrushes, drinking glasses, toys, and other items Signup and view all the answers

When searching for a missing person, why is it important to check closets and small crawl spaces?

Because the missing person may be hiding Signup and view all the answers

What should be considered when determining how far the missing person could travel?

The missing person's physical condition and where they were seen last Signup and view all the answers

What is the purpose of conducting a neighborhood canvass in a missing person investigation?

To gather information about the missing person's whereabouts Signup and view all the answers

What may a CPI from DCF do without a custody order, according to the Florida Statutes?

Remove a child from a parent or caregiver's custody and control Signup and view all the answers

What is a contributing factor to a child becoming delinquent or dependent?

Committing an act that causes or tends to cause a child to become a delinquent or dependent child Signup and view all the answers

Why would a 21-year-old man who impregnates a child younger than 16 be contributing to the delinquency of the child?

Because the act contributes to the delinquency of the child, regardless of consent Signup and view all the answers

What should you prioritize when responding to an incident involving child abuse?

Determine if anyone needs immediate medical treatment Signup and view all the answers

What is a sign of physical abuse that you should look for when responding to an incident?

Bruises Signup and view all the answers

What is the role of a law enforcement officer when accompanying a CPI to a scene?

Providing security for the CPI Signup and view all the answers

What should you do when a CPI removes a child from a parent or caregiver's custody and control?

Ensure the child's removal happens with as little trauma as possible Signup and view all the answers

What is an incident of abusive head trauma an example of?

Physical child abuse Signup and view all the answers

Under what circumstance can an officer make a warrantless arrest for assault?

When the assault occurs in the officer's presence. Signup and view all the answers

What is a requirement for making a warrantless arrest for battery?

There must be probable cause to believe a misdemeanor has been committed. Signup and view all the answers

Who can an officer make a warrantless arrest for assault or battery?

Law enforcement officers, firefighters, or emergency medical care providers. Signup and view all the answers

What is the main goal of responding to incidents involving domestic violence?

To respond to the incident and determine the appropriate course of action. Signup and view all the answers

What is an example of domestic violence?

A child shoving their parent into a wall. Signup and view all the answers

When can an officer make a warrantless arrest for assault or battery?

Whenever there is probable cause to believe a crime has been committed. Signup and view all the answers

What is a requirement for making a warrantless arrest?

Probable cause to believe a misdemeanor has been committed. Signup and view all the answers

What is a circumstance in which an officer can make a warrantless arrest for assault or battery?

When the assault occurs during a domestic violence situation. Signup and view all the answers

What information about the person reporting abuse must be kept confidential?

Their identity Signup and view all the answers

Who is exempt from providing their name when reporting child abuse?

Most reporters Signup and view all the answers

What should not be included in a report of child abuse?

The CPI's personal identifying information Signup and view all the answers

What is the role of the Adult Protective Investigator (API) in responding to incidents of abuse, neglect, or exploitation of an elderly person or disabled adult?

To investigate and respond to incidents Signup and view all the answers

Why did Martha call dispatch in the given scenario?

Because her dog was not coming when called Signup and view all the answers

What was George angry at Martha about in the given scenario?

Because she wouldn't give him money for beer Signup and view all the answers

What is a required element when reporting child abuse, neglect, or abandonment?

Calling the Abuse Hotline Signup and view all the answers

Why must certain professions, including law enforcement, provide their names when reporting child abuse?

Because they are mandatory reporters Signup and view all the answers

What is the primary consideration when determining if an incident involves child abuse?

Whether the act resulted in substantial harm to the child Signup and view all the answers

What is the first step in responding to a stalking incident?

Notify your supervisor and determine if you have jurisdiction Signup and view all the answers

What is the role of a law enforcement officer when accompanying a CPI to a scene?

To provide security and assistance Signup and view all the answers

What should you prioritize when responding to an incident involving child abuse?

The safety and well-being of the child Signup and view all the answers

What is an example of child abuse in Florida?

A parent engaging in a damaging act towards a child to cause unjustifiable pain or injury Signup and view all the answers

What should you do if you determine an incident is kidnapping and there is a significant threat to the victim's well-being?

Notify your supervisor and request additional assistance Signup and view all the answers

What is the primary goal of responding to incidents involving stalking?

To determine if the incident meets the elements of stalking Signup and view all the answers

What should you do when responding to a stalking incident?

Notify your supervisor and determine if you have jurisdiction Signup and view all the answers

When responding to an incident involving an elderly person or disabled adult, what should you determine?

If the victim is in immediate danger of abuse, neglect, or exploitation Signup and view all the answers

What should you look for when assessing the victim's situation?

Signs of physical abuse, such as bruises, welts, and burns Signup and view all the answers

What should you do if the victim is in immediate danger and an API is not present?

Contact your supervisor Signup and view all the answers

What is the role of a law enforcement officer when accompanying an API to a scene?

To keep the API safe and secure Signup and view all the answers

What can an API do without a court order in certain situations?

Conduct an emergency forcible entry Signup and view all the answers

Who decides whether to remove the victim from the home?

The API Signup and view all the answers

What should you do when accompanying an API to a scene?

Document the incident even if no evidence of a crime is found Signup and view all the answers

When should an API consider removing the victim from the home?

When the victim is in immediate danger of abuse, neglect, or exploitation Signup and view all the answers

What is the main difference between interference with custody and luring or enticing a child?

Interference with custody does not involve the intention to commit other crimes, while luring or enticing requires the suspect to have an unlawful intention. Signup and view all the answers

What is required to document luring or enticing a child?

The suspect must be 18 or older and the child must be younger than 12. Signup and view all the answers

What is false imprisonment often associated with?

Domestic violence Signup and view all the answers

What is required to document false imprisonment?

The suspect must forcibly confine, abduct, imprison, or restrain the victim against their will without lawful authority. Signup and view all the answers

What is a key element in determining if an incident is interference with custody?

The presence of separate, conflicting court orders from different states. Signup and view all the answers

What should you do if you encounter a child custody situation with separate, conflicting court orders from different states?

Contact your supervisor to determine how to proceed. Signup and view all the answers

What is the primary purpose of the Uniform Child Custody Jurisdiction and Enforcement Act?

To provide a process for recognizing and adopting out-of-state or county court orders. Signup and view all the answers

What should you not attempt to do when encountering a child custody situation with separate, conflicting court orders from different states?

Determine which order is enforceable and take action accordingly. Signup and view all the answers

Study Notes

Domestic Violence

Failure to make an arrest and document the reason in a report may lead to liability for the agency if the persons involved re-engage in violence and injury occurs.
Florida law requires sending a domestic violence report to the nearest local, certified domestic violence center within 24 hours of receiving notification of the incident.

Stalking

Stalking involves unwanted and repeated attention, contact, or harassment by the suspect toward the victim.
Stalking can escalate to possessive and controlling behavior and is not limited to people with an existing relationship.
Chapter 784, F.S., outlines the elements of stalking, which include willfully, maliciously, and repeatedly following, harassing, or cyberstalking the victim.

Child Abuse

Chapter 827, F.S., outlines the elements of child abuse, which include knowingly or willfully abusing a child younger than 18 by:
- Intentionally inflicting physical or mental injury.
- Committing an intentional act that could reasonably be expected to result in physical or mental injury.
- Actively encouraging another person to commit an act that results in or could reasonably have been expected to result in physical or mental injury to a child.
Physical injury includes death, permanent or temporary disfigurement, or impairment of any body parts.
Mental injury includes an injury to the intellectual or psychological health of a child.

Child Neglect

Child neglect occurs when a caregiver fails to provide essential care, such as food, nutrition, clothing, shelter, medicine, and medical services, for the well-being of a child.

Contributing to the Delinquency or Dependency of a Child

Contributing to the delinquency or dependency of a child occurs when a suspect commits an act that:
- Causes, tends to cause, encourages, or contributes to a child becoming a delinquent or dependent child.
- Induces or endeavors to induce a child to commit or perform an act, follow a course of conduct, or live in a manner that causes or tends to cause the child to remain a delinquent or dependent child.

Responding to Child Abuse, Neglect, or Abandonment

Responding officers must determine if there are any injuries and if anyone needs immediate medical treatment.
Look for signs of physical abuse, such as bruises, welts, burns, fractures, and cuts.
Provide security for the unarmed Child Protective Investigator (CPI) from DCF while they conduct an assessment.

Kidnapping

Kidnapping involves forcibly confining, abducting, imprisoning, or restraining a victim against their will without lawful authority, with intent to:
- Hold the victim for ransom or reward, or as a shield or hostage.
- Commit or help with the commission of a felony.
- Inflict bodily harm upon or terrorize the victim or another person.
- Interfere with the performance of any government or political function.
Kidnapping is a state and federal violation and can be associated with armed robbery and sexual battery crimes.

Initial Response

If an incident involves interference with custody, luring or enticing of a child, false imprisonment, or kidnapping, and there is a significant threat to the victim's well-being, follow state and agency guidelines.
Notify your supervisor and command staff immediately and issue a BOLO.

Blue Alert

The Florida Blue Alert uses technologies employed by the AMBER Alert to notify the public of critical information when a law enforcement officer has suffered serious bodily injury, is killed, or is missing while in the line of duty and the suspect poses a serious threat to the public.

Responding to a Missing Person Incident

Contact your supervisor as soon as you determine that the person is missing.
Conduct an initial search, including buildings and areas where someone last saw the missing person.
Evaluate the contents and appearance of the missing person's room, home, car, and other personal spaces to learn if items are missing.
Look for diaries, computers, cell phones, game systems, and other electronic devices, which may contain evidence and useful information.

Crimes Against Persons

Assault occurs in the officer's presence, during a domestic violence situation, or upon a law enforcement officer, firefighter, emergency medical care provider, public transit employee, or another officer, allowing for a warrantless arrest.
Probable cause may consist of physical evidence or sworn statements, enabling officers to make a warrantless arrest for battery.
Suspect knowing or having reason to know the victim is a facility employee affects the assault or battery charge.

Domestic Violence

Responding to an incident involving domestic violence requires determining the appropriate course of action and charges, if necessary.
Consider elements of stalking, aggravated stalking, or cyberstalking, and jurisdiction based on where the stalking occurred.
Avoid destroying any information and do not touch electronic devices; notify the supervisor based on the complexity of the case.

Stalking

Respond to stalking by determining if the information meets the elements of stalking, aggravated stalking, or cyberstalking, and if jurisdiction exists based on where the stalking occurred.
Avoid destroying any information and do not touch electronic devices; notify the supervisor based on the complexity of the case.

Child Abuse

A parent has the right to discipline their child in a reasonable manner, but corporal punishment is deemed malicious and child abuse if it causes unjustifiable pain or injury.
Reporting requirements involve confidentiality and require all individuals to report any suspicion or knowledge of child abuse, neglect, or abandonment by calling the Abuse Hotline.
Law enforcement, physicians, and teachers must provide their names to the hotline when reporting.

Documenting Child Abuse, Neglect, and Abandonment

Document child abuse, neglect, and abandonment while considering the role of the Child Protective Investigator.
Include identifying information in the report, but do not disclose it to anyone involved in the incident.

Abuse, Neglect, and Exploitation of an Elderly Person or Disabled Adult

Respond to an incident involving abuse, neglect, or exploitation of an elderly person or disabled adult, considering the role of the Adult Protective Investigator.
Determine if there are any injuries to the victim or other household members and decide whether anyone needs medical treatment.
Look for signs of physical abuse, such as bruises, welts, burns, fractures, lacerations, and abrasions.

Determining Immediate Danger

Determine if the elderly person or disabled adult is in immediate danger of abuse, neglect, or exploitation.
Consider signs of abuse, neglect, or exploitation, such as lack of care, urine or feces odor, rotting food, and lack of medical care.

Adult Protective Investigator

The API conducts a social services investigation, and the officer conducts a criminal investigation to determine if a crime has occurred.
Document the incident even if no evidence of a crime is found.
The API decides whether to remove the victim from the home and when and where to place the person in protective custody.

Interference with Custody

Determine if an incident is interference with custody, which involves conflicting court orders from different states.
Do not attempt to determine which order is enforceable; contact the supervisor to determine how to proceed.

Luring or Enticing a Child

Luring or enticing a child requires the suspect to have the unlawful intention to commit other crimes, such as sexual battery.
Document that the suspect is 18 or older, intentionally lured or enticed, or attempted to lure or entice, a child younger than 12 into a structure, dwelling, or conveyance for other than a lawful purpose.

False Imprisonment

False imprisonment often occurs in domestic violence situations.
Document that the suspect forcibly by threat or secretly confined, abducted, imprisoned, or restrained the victim against their will without lawful authority.
Confining a child younger than 13 against their will and without the consent of their parent or legal guardian is also false imprisonment.

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