Apopka Police Department Child Abuse and DCF Investigations Procedure PDF

APOPKA POLICE DEPARTMENT PROCEDURAL GENERAL ORDERS Effective Date 08-22-18 Subject Number 8675.00 ❑ New ❑ Rescinds CHILD ABUSE AND DCF INVESTIGATIONS Reference CFA Standard(s) F.S. 39.401 Taking a child into custody F.S. 787.03 Interference with custody F.S. 787.04(3) Removing or Concealing minors c...

APOPKA POLICE DEPARTMENT PROCEDURAL GENERAL ORDERS Effective Date 08-22-18 Subject Number 8675.00 ❑ New ❑ Rescinds CHILD ABUSE AND DCF INVESTIGATIONS Reference CFA Standard(s) F.S. 39.401 Taking a child into custody F.S. 787.03 Interference with custody F.S. 787.04(3) Removing or Concealing minors contrary to court order Reevaluation As Necessary Application All Employees Amends 01-01-17 Reviewer/Approved by McKinley Related Forms / Bulletins PURPOSE: The purpose of this policy is to establish the guidelines for child abuse investigations. DISCUSSION: Members may be called in reference to the crime of child abuse or other related issues involving the injury of children. It is the policy of the Apopka Police Department to investigate such crimes thoroughly and effectively. POLICY / PROCEDURE: I. Child Abuse Investigations: A. Members responding to initial reports of child abuse related crimes shall conduct a thorough and complete investigation. 1. When investigating a report of child abuse, the first member on the scene shall ensure the child’s safety, determine the seriousness of the child’s injuries, and summon emergency medical assistance if necessary. 2. If possible, the member should then determine the nature of the abuse and attempt to identify the perpetrator. Child Abuse and DCF Investigations Page 1 of 4 B. If the first member on the scene reasonably suspects that child abuse has occurred, he or she shall notify, the Florida Department of Children and Families (“DCF”) at 1-866-532-2873. 1. This telephone number is for the exclusive use of law enforcement and was implemented to expedite law enforcement reporting. 2. If the member determines immediate DCF response is necessary, he or she shall so inform the DCF employee on the phone. 3. The member shall document these actions, as well as the name of the DCF employee, and the date and time of notification, in his or her incident report. 4. After a reasonable amount of time with no response, the member shall contact the local DCF office at 407-563-2000. An answering service will contact the on-call supervisor after normal working hours. 5. The member shall inform and consult with his or her supervisor. The notification of a detective should be considered based upon the seriousness of the crime and the complexity of the investigation. The on-call detective shall be notified of all child abuse cases resulting in serious injury. C. In all cases where abuse is alleged, photographs shall be taken of the child, when injuries are visible. A supervisor, once on the scene, may contact the on-call property and evidence member for guidance and/or response. D. II. All evidence shall be collected, including weapons used. Department of Children and Families (DCF) Child Abuse Investigations: A. Per section 39.401 F.S., a DCF agent or law enforcement officer may take a child into custody when sworn testimony provides probable cause for removal and removal is necessary to protect the child. Probable cause for removal includes: 1. The child has been abused, neglected, or abandoned; or 2. is suffering from, or is in imminent danger of, illness or injury as a result of abuse, neglect or abandonment; 3. The parent or legal custodian of the child has materially violated a condition of placement imposed by the court; or Child Abuse and DCF Investigations Page 2 of 4 4. The child has no parent, legal custodian, or responsible adult relative immediately known and available to provide supervision and care. B. Per section 787.04 (3), F.S., it is a third degree felony for a person with criminal intent to conceal the location of a minor during a dependency proceeding that affects the minor, or during an investigation action, or proceeding that concerns the alleged abuse or neglect of the minor, if the person received notice of the investigation, action, or proceeding. C. DCF agents do not need a court order to take custody of a child. If a DCF agent’s efforts to take custody of a child are resisted, and a member is called to the scene, the following procedures apply: 1. The member’s primary role is to assist the DCF agent with taking custody of the child. The member may standby as the agent takes custody of the child and encourage compliance with the DCF agent’s directive. 2. If a person continues to resist the DCF agent’s efforts to take custody of the child, the member may have probable cause to charge that person with violation Section 787.03, F.S. “Interference with custody,” or Section 787.04, F.S. “Removing minors from state or concealing minors contrary to state agency order or court order.” 3. The member shall establish the DCF agent’s custodial authority by obtaining a sworn statement from him or her that says the agent has “probable cause” for removal and removal is necessary to protect the child, consistent with Section 39.401, F.S. a) The statement must briefly detail what information supports the agent’s position. The statement must also include the agent’s name, title, identification number, work address, office phone, and the case number. b) When charging a violation of Section 787.04(3), F.S., the member shall ensure the agent’s statement confirms that the suspect received notification (e.g., verbal notice at the scene). Child Abuse and DCF Investigations Page 3 of 4 D. DCF Requests / Reports: 1. When DCF sends a request for investigation to Apopka P.D., it is received into records. 2. The records clerk will: a) Highlight the address. b) Highlight the narrative. c) Research the master name list in all available records management databases and copy related reports for the investigating member. d) The records clerk will then place the DCF report and any related reports into the DCF report bin in the Sergeants conference room. The on duty supervisor will assign an officer to conduct an investigation. 3. The investigating member will: a) Respond to the police department and retrieve the report and all related information. b) Conduct a full investigation, completing an incident report and related necessary documentation. c) The investigating member will complete and return the investigation documentation to records after approval by the member's supervisor. d) The member will not end his or her tour of duty without completing the report and submitting such to records. e) If, under exceptional circumstances, the member cannot complete the investigation prior to ending his or her tour of duty, the member will notify his or her supervisor. The supervisor will pass the investigation to the next supervisor to be assigned to a new member. 4. When the completed report is received into records, the records clerk will fax such report and associated documentation to DCF. All case documents will be scanned into the records management system along with the original DCF report. By Order of: Michael McKinley, Police Chief Child Abuse and DCF Investigations Page 4 of 4