Chapter 21 Investigation Of Child Abuse And Neglect PDF

CHAPTER 21 – INVESTIGATION OF CHILD ABUSE AND NEGLECT REV. NOVEMBER 30, 2012 21.01 DEFINITIONS A. Abuse – Non accidental infliction or threat of infliction of physical injury or emotional or mental damage to a child by a person responsible for the child's health or welfare. B. Bodily Inj...

CHAPTER 21 – INVESTIGATION OF CHILD ABUSE AND NEGLECT REV. NOVEMBER 30, 2012 21.01 DEFINITIONS A. Abuse – Non accidental infliction or threat of infliction of physical injury or emotional or mental damage to a child by a person responsible for the child's health or welfare. B. Bodily Injury - Physical pain, illness, or any impairment of physical condition. C. Child - For the purposes of this CHAPTER, a child is a person under 18 years of age who is not and has not been married or who has not had his disabilities of minority removed or general purposes. Under statutes regarding crimes against children, however, the age of a "child" varies from under 14 to under 17. D. Child Protective Worker - A staff member of the child protective services of the Department of Family and Protective Services DFPS or another designated agency trained to investigate child abuse and to handle civil legal actions involving child abuse. E. Court - The District Court which has jurisdiction in all civil proceeding affecting the parent-child relationship. F. Designated Agency - An agency designated by the court to protect children, and to receive reports of child abuse. G. Emergency Removal - Removal of a child from his home without written consent of his parents and before a court hearing, upon reasonable cause to believe that an immediate danger exists to the child's physical health or safety. H. Emotional Neglect - Failure of the parent or caretaker to provide adequately for the developmental needs of the child (such as stimulation and affection) and to provide consistent care for the child. I. Exploitation - the forcing or undue encouragement of a child to participate in activities detrimental to his well-being, by a person responsible for the child's health or welfare. EXAMPLE: Exploitation may involve begging, stealing, exposure to immoral or degrading circumstances, inappropriate responsibilities for the child's age, and too many working hours for the child's age. J. Lack of Supervision - A failure of parents to account for a child's actions and whereabouts. EXAMPLES: A young child left unattended while the parents are working, or a preteen left to take care of very young children for long periods of time. K. Medical Neglect - A failure of parents to secure necessary medical, surgical, or psychiatric treatment to correct some condition in the child. EXAMPLES: A long term failure to treat a seriously ill child, a malnourished child, or an emotionally disturbed child. Effective date April 30, 2014 220 L. Neglect - Depriving the child of living conditions which provide the minimally needed physical and emotional requirements of life, growth, and development, by a person responsible for the child's health or welfare. EXAMPLES: Failure to provide adequate housing, clothing, food, supervision medical attention and abandonment. M. Serious Bodily Injury - Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. N. Sexual Abuse - Includes the obscene or pornographic photographing, filming, or depiction of a child for commercial purposes, or the sexual assault, molestation, incest, prostitution, or other such forms of sexual exploitation of a child under circumstances that appear to harm or threaten the child's health or welfare. O. Suit Affecting the Parent-Child Relationship - A suit brought under Title 2 of the Texas Family Code in which the appointment of a managing conservator or possessory conservator, access to or support of a child, or establishment or termination of the parent-child relationship is sought. 21.02 POLICY Responsibility for child neglect and child abuse cases rests with the BCSO relative to criminal cases being investigated and filed, and with the Department of Family and Protective Services for family rehabilitation. Coordination between these two agencies is vital to assure an acceptable degree of safety for the affected children and to assure the tracking of all such cases coming to the attention of the Sheriff's Office or DFPS. 21.03 REPORTING CHILD ABUSE AND NEGLECT - IN GENERAL A. Patrol Officers receiving a report of or an assignment pertaining to child welfare shall investigate the complaint. An investigator shall be notified. If officers make contact with any person during such investigation, or if the complainant is known or the address exists, officers shall write an offense report and note on the report to forward it to DFPS. All child abuse and child neglect offense reports will be forwarded to the Criminal Investigations Division. B. Any person who knowingly fails to report child abuse or neglect commits a Class B misdemeanor under Section 34.07, Penal Code. C. Patrol Officers (or dispatchers) who receive a report of child abuse or neglect from an individual by telephone or otherwise shall attempt to obtain the following information: 1. Name, age, and address of the child; 2. Name and address of the parents or persons in charge of the child; 3. The incident or injury that prompted the report, or details to support the belief that child abuse has occurred; 4. The present condition of the child; and Effective date April 30, 2014 221  5. Any sibling at the home. 21.04 RESPONDING TO REPORTS OF CHILD ABUSE OR NEGLECT - IN GENERAL A. Patrol officers and/or investigators must respond to situations of child abuse or neglect when so assigned or when they are encountered on any other call. B. Patrol Officers and/or investigators responding to a report of child abuse or neglect shall act based on: 1. The assessment of injury to the child; 2. The potential risk to the child; 3. The social agencies available to assist him at various times; and 4. Community standards. C. If responding patrol officers find signs of child neglect at the scene (e.g., unsafe environmental conditions or lack of supervision) which do not require emergency removal, they shall: 1. Upon determining no adult is available, but before entering the home, notify a supervisor; 2. Attempt to identify the location of the parents or persons responsible for the child; 3. Arrange for temporary care in the home, whenever possible, with responsible adult relatives or neighbors, so that the child may remain in a familiar environment; and 4. If no one is available to care for the child, officers shall call the Criminal Investigations Division or cause DFPS to be notified so that temporary care may be provided. D. If patrol officers and/or investigators find signs of non-critical child abuse at the scene (Section 21.05 Identification of Child abuse), they shall; 1. Attempt to speak to the parents about concern for the safety of the child; 2. Encourage the parents or person in charge to obtain any required medical treatment for the child; 3. Inform the parents about possible resources within the community to help them with the care of their children; 4. If necessary, advise the parents about the criminal consequences of child abuse; and 5. Notify the Criminal Investigations Division. E. In all instances, patrol officers and/or investigators shall observe and document the details of the home for their report. These details include; Effective date April 30, 2014 222  1. Eating and sanitary facilities; 2. Safety factors, (e.g., plumbing, electrical wiring, windows); 3. General cleanliness; 4. Appearance and cleanliness of children; 5. Behavior of the parents toward the child; and 6. Reaction to officer's presence. F. As soon as possible, patrol officers shall file a written offense report with copies forwarded to the Criminal Investigations Division. 21.05 IDENTIFICATION OF CHILD ABUSE AND NEGLECT A. Patrol officers responding to a report of child abuse shall be aware of the following indications of severe bodily injury: 1. Burns, especially patterns of burns, such as those with a definite boundary that suggest immersion in hot liquid or a particular kind of instrument such as a hot iron, or cigarette burns; 2. Injuries to the head or face; 3. Bruises, especially if extensive, in various stages of healing, or suggestive of a specific type of instrument, e.g. coat hangers, electrical cords, wires; or 4. Unexplained abdominal injuries indicated by swelling of the abdomen, tenderness, and serious vomiting. B. Patrol officers and/or investigators shall document the following circumstances if applicable: 1. The physical condition of the parent(s), e.g. intoxicated, drugged, disoriented, and helpless in dealing with the child; 2. Explanations given for the injury, especially any inconsistencies in the explanation give; 3. Indications that the parent(s) has tried to obtain medical treatment for the injuries, regardless of the explanation give; 4. Indications that one child has been singled out for "punishment"; and 5. Bizarre forms of punishment, such as locking children in dark areas for long periods of time or signs of torture, which indicate mental instability on the part of the caretakers. C. A patrol officer and/or investigators responding to a report of child neglect or abuse shall look for and document: Effective date April 30, 2014 223  1. Outright abandonment for long periods of time; 2. Lack of supervision, taking into consideration the duration and time of day when the children are left alone, and the ages of any older children left to take care of younger children. 3. The presence of possible environmental dangers, broken glass, leaking gas, poisons within easy reach, exposed wiring, or lead paint; 4. Inadequate food, clothing, or warmth; 5. Inadequate alternative care arrangements, such as a landlady to "keep an eye" on several children from time to time; 6. General cleanliness of the dwelling and the children; and 7. Indications that the children need medical or dental attention. 8. Difficulty in walking or sitting. 9. Stained, torn, or bloody underclothing; or 10. Plainly visible bleeding in the genital or anal areas. D. Patrol Officers and/or investigators should be aware of the following additional factors which might indicate child abuse or neglect: 1. Problems in talking; 2. Poor physical development for the child's age; 3. Extremely undernourished infants; 4. Behavioral extremes; and 5. Attempted or threatened suicide. E. Whenever patrol officers have reason to believe that a child, with signs of child abuse, needs medical attention, but not emergency treatment, they should try to get the permission or cooperation of the parents for medical treatment. F. Where obvious physical injuries are observed, officers shall have them photographed and documented by a Criminal Investigator. G. The procedures for investigation of sexual assaults of children are the same as for adults except that the child's age must be taken into consideration. Effective date April 30, 2014 224 21.06 INTERVENTION REQUIREMENT A. Patrol officers and/or investigators must intervene on behalf of a child, whether in the home or otherwise, whenever: 1. A child has suffered serious bodily injury as a result of neglect or lack of supervision; 2. Substantial likelihood exists that a child is in imminent danger of physical injury, either inflicted non-accidentally or as a result of neglect or lack of supervision; 3. A child has been sexually abused; or 4. A child needs immediate medical attention to prevent death, severe disfigurement, or substantial impairment of bodily functions, and parents are unwilling or unavailable to provide or consent to needed treatment. B. If patrol officers encounter a child in distress outside the home, they shall: 1. Identify the child's parents, or person in charge, whenever possible; 2. Whenever possible, notify the parents or person in charge of the child of the child's condition; 3. Take the child and return him to the parents or person in charge; 4. If a child refuses to return home, refer the child to the Criminal Investigations Division. 5. When appropriate, take the child to a medical facility where the parents (designated persons) can give consent for treatment; or 6. Notify the Criminal Investigations Division or DFPS if the parents cannot be reached to permit follow-up investigation. 21.07 EMERGENCY REMOVAL - GENERALLY A. Patrol officers shall remove a child from his home without parental consent (or the consent of persons entitled to possession of the child) on court order, or upon probable cause that the child faces immediate danger to his physical health or safety, and no time exists to obtain a temporary restraining order or attachment of the child. However, the patrol supervisor must first be advised and the Criminal Investigators Division contacted. B. When necessary, in an emergency, officers may use reasonable force to enter private premises and remove a child (i.e., to rescue a child when the officer has probable cause to believe that the child is in imminent danger of serious bodily injury.) C. When necessary, patrol officers may use reasonable force after entry only to defend the child from serious harm or to protect officers. D. Upon removal of the child, the patrol officers shall: Effective date April 30, 2014 225  1. Deliver the child to the proper medical facility for examination, and contact CID if injuries are involved. DFPS will be notified in all cases, or 2. Deliver the child to a pre-designated temporary shelter. E. Patrol officers who remove a child must immediately submit a report that describes the circumstances of taking the child into possession, the details of the physical injury, threat of physical injury, or threat to safety, and the names of the people involved. F. Patrol officers shall not place a child who has been removed from his home, pursuant to this section, in jail or in a juvenile detention facility. G. Occasionally DFPS will request that a child be taken to a specific foster care facility. Officers will honor these requests; however the name and address of the facility will not be included in the offense report and information on the child's whereabouts will not be released to anyone other than DFPS or another law enforcement officer. H. If a child is removed from his home, but a DFPS case worker is not immediately available, officers will notify the Criminal Investigations Division and have them take custody until DFPS is available. 21.08 SHERIFF'S OFFICE- SOCIAL AGENCY COOPERATION A. Whenever a Child Protective Services staff member or the Investigation Division of DFPS notifies the Sheriff's Office of serious harm or injury to a child, the Sheriff's Office has the responsibility to investigate. B. Investigators should ask for and obtain from DFPS or the designated agency: 1. Results of any civil (social) investigation of the family; 2. Plans by DFPS or the designated agency to return a child to his home or to close the case; 3. Notice of court action removing the child from the home; 4. Notice of removal of the child by a child protective worker before obtaining a court order; and 5. A complete written report whenever sufficient ground exists for the institution of a suit affecting the parent-child relationship. C. Sheriff's Office Investigators have a right to receive any information the Child Protective Services staff may have about the family or the alleged abuser, the Child Protective Services worker cannot withhold this information. D. Where particular expertise in interviewing children is involved, investigating officers may ask the Child Protective Services staff to cooperate in questioning a child victim or witness, however, the Child Protective Services worker must have permission from the parents or by court order. Effective date April 30, 2014 226 E. An officer may not ask a Child Protective services work to: 1. Gather evidence from other sources, or 2. Question any other person. F. Sheriff's Office Investigators may request information or assistance in making an investigation from the DFPS Investigation Division. 21.09 FIELD AND INVESTIGATIVE INTERVIEWS A. When questioning the parents or other persons suspected of committing child abuse, officers shall inform them of their Miranda rights if interrogation becomes custodial. B. Officers shall not tell the person under investigation the name of the person who reported the child abuse, unless necessary to the investigation. C. Officers should interview parents or other suspects separately. D. Whether officers interview a child (either the victim or another child in the home) depends on: 1. The child's age; 2. The child's ability to evaluate what happened; 3. The child's emotional state at the time; 4. The possibility of retaliation against the child; 5. Previous interviews of the child by child protective workers; and 6. Whether permission was given by the parent’s legal caretakers, or court order. E. Whenever possible, the interviewer should be of the same sex as the child victim, but especially in cases of reported sexual abuse or rape. F. Parental permission should be obtained, whenever possible, to interview the child without the presence of the parents. 21.10 UNATTENDED CHILDREN IN CARS A. Penal Code Sec. 22.10 makes it a Class C misdemeanor to leave a child in a motor vehicle for longer than five minutes, knowing that the child is: 1. Younger than 7 years of age; and 2. Not attended by an individual in the vehicle who is 14 years of age or older. Effective date April 30, 2014 227 B. Violations of Penal Code Sec. 22.10 Leaving a Child in a Vehicle may warrant custodial arrest if the circumstances are aggravated. In non-aggravated circumstances, when proper conditions are met, violators will be issued misdemeanor arrest citations. C. Conditions to be met before a citation is issued are: 1. Offender is an adult; 2. Offender is unknown to officers as a past offender under this law or other child abuse or neglect laws; and 3. The threat of immediate danger to life is no longer present. D. Examples of the kind of aggravated circumstances which may warrant custodial arrest include: 1. The child is placed in immediate danger; 2. Child was left longer than thirty minutes; or 3. Offender is intoxicated or otherwise incapable of responsible care. E. An offense report will be required. F. The reporting officer must note in the report the presence or absence of any other evidence of child neglect or abuse. G. Offense reports will be forwarded to the Criminal Investigations Division to determine if follow- up investigation is needed. H. Reporting officers must ascertain that there is no immediate danger to life and that the child is in the care of a responsible person before clearing from the call. I. If the offender is a juvenile, the existing procedures for arrest or warning of juvenile offenders will apply. 21.11 SHERIFF'S OFFICE PROCEDURES IN ALL CASES A. All reports alleging child physical/sexual abuse/neglect will be received on a 24 hour basis as mandated by State law, CHAPTER 34 Texas Family Code. Upon receipt of a routine referral, a determination will be made regarding the emergency nature and need for child protection. At this time, an officer shall be dispatched to the scene. B. All cases coming to the Sheriff's Office will be referred to the Texas Department of Family and Protective Services DFPS as per CHAPTER 34, Section 34.02 (c).A Sheriff's Office investigation serves a dual purpose: 1. Protection of children; and 2. Collection of evidence for the purpose of possible criminal prosecution. Effective date April 30, 2014 228 C. The primary purpose should always be the protection of the child/children. 1. Guidelines for intervention procedures: The patrol officer assigned to respond to a complaint of child abuse/neglect is responsible for the preliminary investigation and immediate notification of the proper investigator. The investigator is then responsible for the follow-up investigation and contacting DFPS. 2. In emergency situations, the patrol officer or investigator: a. Removes the child from the home if the child is in immediate danger. A peace officer has both the authority and responsibility to immediately, take into custody children who are found in a situation where they are liable to be subjected to immediate violence or injury. Removal is considered the appropriate decision when an officer believes that an injury to a child was other than accidental. If a child is removed, DFPS should be notified. Prior to removing a child from the home, the patrol officer must receive authorization from a Patrol Supervisor or an Investigator. b. Criteria for removal of the child are as follows: 1) Age of victim - The age of the victim usually is a primary Consideration in the decision to remove a child from the home. Infants or children under three years usually are not allowed to remain in the home if the child has sustained a severe injury. This includes excessive bruising, evidence that the child has been burned, struck about the head or has received an uncontrollable spanking or strapping. Older children with limited marks and no serious injuries usually are left in the home pending other immediate action, including a referral to DFPS. This action generally includes warning the parents that the child has been advised to seek aid in the event of a subsequent attack. 2) Extent of injuries - The extent of the injuries, also related to age of the victim, are used as indicators of the hazards involved in leaving the child in the home. Inflicted burns, for example, almost always result in removal by court action. In a small child, any injury inflicted to the head or abdominal region, by the fist or other weapon, is viewed as requiring immediate protection. With older children, the injury is viewed in light of its severity and the circumstances under which it was administered. 3) Hostile home environment - Unreasonable disciplinary action, resulting in extreme bruising or indiscriminate striking of various parts of the child's body, indicates various parts of the child's body, indicates a danger to the child of remaining in that home during the period of pending action. Such severe discipline is viewed as an indicator of a hostile environment and represents a real hazard to the health and safety of the child. 4) Available resources - The officer should explore willingness and ability of non- abusive parents, relatives, and neighbors to protect child. 5) Sexual abuse cases - In most child sexual abuse cases, the victim knows the offender and they may be related. The child should be removed if the offender remains in the Effective date April 30, 2014 229  home; the incident has occurred within the last 72 hours; the child is fearful of the offender and the non-abusive parent is unable/unwilling to protect the child. 3. If necessary, ensures child receives immediate medical attention. 4. Places child in emergency shelter facility. 5. Photographs should be taken as soon as possible (i.e., injuries, "crime scene" home condition.) The on-duty C.I.D. supervisor shall always dispatch an investigator to the scene and /or hospital to obtain the appropriate photographs. 6. Writes a complete report of the incident. a. In neglect cases, the report should include conditions of the home environment, condition of the children and any other pertinent information. Pictures are appropriate. b. In lack of supervision cases, the report should include the above information; and, name and age of oldest child present and who assumes responsibility for children. c. In physical abuse cases, the report should include a description of the injuries and the physician's remarks. 1) Collect physical evidence; and 2) Collect evidence for lab exam. d. In sexual abuse cases, the patrol officer does not question the victim in detail about the incident but briefly interviews him/her, 1) To determine the type of crime that has occurred; 2) To obtain the basic information for beginning an investigation 3) To determine if there has been an incident within the last 72 hours. If so the victim should undergo a medical examination. D. Role of the investigator: 1. An investigator is assigned to handle a child abuse case as soon as possible after the initial complaint. 2. Prior to interviewing the victim, the investigator obtains the basic investigative information from the officer who conducted the preliminary investigation and/or the DFPS caseworker. 3. The investigator will request a copy of any written statements obtained by DFPS. 4. If there is a videotaped statement, the investigator will obtain the videotape from the DFPS office for viewing. Effective date April 30, 2014 230  5. If there is a need for additional information from the victim, the investigator and DFPS caseworker will coordinate efforts to obtain or clarify the child's statement. If there is a second interview, it should be conducted in a manner which is in the best interest of the child and minimizes any additional trauma. 6. The outcry statement will be obtained by the investigator. 7. If during the course of the criminal investigation the investigator becomes aware of information requiring further civil action for child protection, they should immediately notify DFPS. 8. When a criminal statute has been violated, the investigator is responsible for filing a report of all the facts surrounding the offense with the Family Violence Unit of the Bexar County District Attorney's Office. The parent's unwillingness to fully co-operate with the criminal investigation should not be the sole determining criteria for terminating the investigation and/or prosecution. 9. In all cases, the Criminal Investigations Division will provide an investigator to obtain evidence and photographs at the crime scene and/or hospital as soon as they are advised of a report of abuse. Effective date April 30, 2014 231