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Child Abuse Investigations TrainingCHILD ABUSE INVESTIGATIONS JUNE 2021 ORANGE POLICE DEPARTMENT INVESTIGATIVE SERVICES DIVISION CRIMES AGAINST PERSONS DETECTIVE AUGIE ROCHA/ DETECTIVE LESLIE FRANCO Types of Child Abuse Emotional Child Abuse Child Neglect Physical Child Abuse Sexual Child Abuse (will be covered in another presentation) Emotional Child Abuse Failure to provide a child with his/her emotional needs.Treatment of the child may include ignoring,unreasonable demands,verbal assaults, unpredictable responses,name calling,etc. ***Emotional abuse is very difficult,if not impossible to prosecute. Child Neglect The negligent treatment or the maltreatment of a child by a person responsible for the child’s welfare under circumstances indicating harm or threatened harm to the child’s health or welfare. Two types General Neglect Severe Neglect Child Neglect General Neglect The negligent failure of a person having the care or custody of a child to provide adequate food,clothing,shelter,medical care or supervision where no physical injury has occurred. Severe Neglect Those situations of neglect where any person having the care or custody of a child willfully causes or permits the person or health of the child to be placed in a situation such that his or her person or health is endangered,including the intentional failure to provide adequate food,clothing,shelter or medical care. Indicators of Child Neglect Neglect includes both acts and omissions on the part of the parent or caretaker.It means both the failure to provide,to protect or supervise,as well as to willfully cause or permit children to be in circumstances which endanger their health or well-being. A number of physical and/or behavioral indicators may assist the officer in assessing the need for intervention.However,some of these conditions may exist in home environments which are not considered neglectful (dirtiness and untidiness do not necessarily mean that a home is unfit.) Physical Indicators of Neglect May include any or all of the following: -Poor growth pattern or “Failure to Thrive” -Hunger and/or malnutrition -Poor hygiene -Lack of appropriate / necessary clothing -Unattended physical / medical problems -Chronic fatigue / listlessness -Unsafe / unsanitary living conditions -Absence of adequate / appropriate food Behavioral Indicators of Neglect Behavioral indicators may include: -Child’s verbal account of neglectful behavior by caretakers -Delayed development,including speech,body size and coordination -Ingestion of harmful substances or repeated accidents -Inappropriate dress for weather or temperature -Extremes in behavior /social withdrawal or noticeable destructive behavior -Begs,hoards,steals food or other items -Chronic absences or tardiness to school -Children caring for other children /inappropriate maturity or parental role reversal PC 26 GLADIS R QUESTIONNAIRE Parental or Caretaker Behavior Characteristics of parents or caretakers -Apathetic / passive -Unresponsive attitude -Depressed -Unconcerned for the child -Socially / physically isolated -Displays irrational / bizarre behavior -Lack of supervision / unattended child Officer Response to Neglect Investigations The officer should determine the level of the neglect (general or severe)and the appropriate response,taking the following factors into consideration: Imminent danger -Age and general condition of the child -Immediate need for medical attention -Ability for the child to care for themselves -Inadequate allocation of basic necessities between child /adult -Prior contacts with child protective services agencies Protective Custody Considerations The officer should weigh all the facts when considering taking the victim(s)into protective custody pursuant to Welfare and Institutions Code 300 /305. Consideration should also be given to history and prior offenses or allegations of child abuse. It is important for law enforcement personnel conducting investigations of child neglect to notify and coordinate their activities with Child Protective Services Welfare and Institutions Code 300 WIC§300.Dependent child described; legislative intent; guardian defined A child who comes within any of the following descriptions is within the jurisdiction of the juvenile court which may adjudge that person to be a dependent child of the court: (a)The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm inflicted nonaccidentally upon the child by the child’s parent or guardian. (b)(1)The child has suffered,or there is a substantial risk that the child willsuffer,serious physical harm or illness,as a result of the failure or inability of hisorherparentorguardiantoadequatelysuperviseorprotectthechild,or thewillfulornegligentfailureofthechild’s parent or guardian to adequatelysuperviseorprotectthechildfromtheconductofthecustodianwithwhomthechildhasbeenleft,or by the willful or negligent failure of the parent orguardiantoprovidethechildwithadequatefood,clothing,shelter,or medicaltreatment,or by the inability of the parent or guardian to provide regular careforthechildduetotheparent’s or guardian’s mental illness,developmentaldisability,or substance abuse. Welfare and Institutions Code 305 Any peace officer may,without a warrant,take into temporary custody of a minor: When minor is a person described in section 300 and in addition -immediate need for medical care -immediate danger or physical or sexual abuse -child’s environment poses an immediate threat the their health / safety In cases in which the child is left unattended,the peace officer should first attempt to contact the parent/guardian to determine if they are able to assume custody of the child and if they cannot be contacted, notify a social worker who can assume custody of the child. APPLICATION FOR PETITION WIC 329 Collection and Preservation of Evidence Evidence that will support allegations of child neglect should be gathered,preserved and stored.This evidence may consist of: Physical evidence: -Clothing /bedding -Food conditions (samples) -Observed health and safety hazards -Photographs /video of the victim and the living environment (remember a picture says more than a thousand words) Documenting Observations /Information Things to document: -Medical history -Substance abuse / addiction -Interviews with medical personnel Document observations: -Visual -Sounds (crying infant, inappropriate screaming at child) -Odors Interviewing •Identify the child/ juvenile knows the difference between what is true and what is a lie. •If abuse is substantial, request a CAST interview. •Lock parents, caretakers, and family into a story. Physical Child Abuse Any person who willfully causes or permits any child to suffer,or inflicts thereon unjustifiable physical pain or mental suffering,or having the care or custody of any child,willfully causes or permits the person or health of the child to be placed in a situation such that his or her person or health is endangered. Indicators / Clues to Physical Abuse •Delay in seeking medical attention •Single witness •Changing of stories •Vague history •Multiple injuries •Burns •Fractures •Head injuries •Internal injuries Location, Location, Location -Bruises are rare in normal infants but are common among cruisers/walkers -Bruises on front of legs, knees, shins, elbows are common. -Bruises on back of legs, back and upper arms are not common . -High risk locations of bruises: -Rear of body from knee to shoulders -Buttocks -Hands and feet -Abdomen -Face or head Burns Contact Burns Cigarettes, irons, lighters  Immersion Burns  Hot water in tubs / buckets Scalding Burns Pouring of hot liquid / chemical *Water is the most common liquid for immersion / scalding burns* Abusive Head Trauma (Shaken Baby Syndrome) Playing with a child does not cause abusive head trauma Mechanism of shaking (also know as Shaken Baby Syndrome) -Brain swelling (cerebral edema) -Bleeding between skull and brain (subdural hemorrhage) -Bleeding in the back of the eyes (retinal hemorrhage) Tylenol overdose death,both parents unknowingly gave their infant deadly doses. Things to Consider •Do parents have the right to physically discipline their children? •If discipline results in injury, is it considered child abuse? •Severity and amount of discipline, what guideline do you use? •What type of case do you have? -Abuse, Non Abuse, Criminal, Non Criminal Questions? DETECTIVE AUGIE ROCHA X7579 DETECTIVE LESLIE FRANCO X7556