CHILD ABUSE 15.1A
TEQUESTA POLICE DEPARTMENT
GENERAL ORDER
TITLE: CHILD ABUSE
INVESTIGATIONS
GENERAL ORDER: 15.1A
EFFECTIVE: October 1, 2008
REPLACES: 15.1
PAGES: 7
CONTENTS:
This order consists of the following numbered sections:
I. INITIAL RESPONSE
II. IN-DEPTH INVESTIGATION
III. ARRESTS
IV. REPORTS
V. GLOSSARY
PURPOSE:
To establish guidelines for the investigation of crimes against children.
SCOPE:
This order applies to all Police Department members.
DISCUSSION:
All incidents of child abuse or neglect will be thoroughly investigated and documented.
Officers responsible for investigating these cases must be familiar with specific statutory restrictions. The
following policies and procedures outline how such investigations should be conducted.
POLICY:
It is the Police Department policy to pursue perpetrators of crimes against children vigorously and
assist in their prosecution while, at the same time, protect the rights of the children.
PROCEDURE:
I. INITIAL RESPONSE TO CHILD ABUSE:
A
. Child abuse investigation calls usually come via Florida Child Abuse Hotline and the Child Protective
Investigator from DCF is the one requesting an officer to be dispatched.
1.
Communications shall classify the call as a “priority call” and not alter the reported child abuse
classification.
a.
Both the dispatch of the call and the arrival of the responding officer shall be within the
recommended thirty (30) minute time frame.
b.
Dispatch shall access the Child Safety Review Database (https://www.pbso.org/dcf/) and advise the
responding officer of any prior incidents involving known victim(s), suspect(s) or witnesses prior to
arrival on scene.
G.O. 15.1A
B.
Law enforcement officers responding to calls received through 911 will sometimes make a determination
Florida Child
that child abuse investigation is warranted. In a situation like that, the officer shall contact the
Abuse Hotline at 1-866-LE-ABUSE (1-866-532-2873).
1.
If an immediate DCF response is needed (e.g., child needs to be removed), the officer shall call a local
1-866-DCF9-DCF (1-866-323-9323), in addition to Florida Abuse Hotline.
DCF emergency number at
a. The DCF Protective Investigator and law enforcement officer shall conduct a joint investigation.
Law enforcement shall conduct the criminal investigation and the Protective Investigator shall be
responsible for completing child safety assessment.
2.
The responding officer should collect dispatch information;
3.
Dispatch should secure the 911 recording for a minimum of 90 days;
C.
When the law enforcement agency is notified of an alleged abuse or neglect through a written report from
a Protective Investigator, law enforcement must review the report to determine whether a criminal
investigation of the case is warranted, pursuant to s. 39.301(2), F.S.
1.
When a report of an alleged abuse/neglect is faxed from DCF, Communications shall notify the on-duty
Patrol Supervisor and send an email to the Investigations Unit. The report shall then be placed in the book
designated for DCF Fax Reports located in Communications.
D. may not be released
The name of persons reporting abuse, neglect or abandonment, to anyone except:
DCF, Law Enforcement, Child Protective Team, and the State Attorney’s Office, without written consent of
reporter.
E.
Upon arriving at the scene the officer should immediately assess and secure the alleged crime scene. In
Rapid Response
the case of a child’s death, the initial responder shall have the responsibility to call the
Team561-688-3461
number at the Sheriff’s Office. In addition the initial responder shall:
1.
Identify the victims, suspects and witnesses including other children and third parties.
2.
Secure control of any weapons present.
3.
Determine extent of injuries.
4.
Provide medical first responder treatment and request emergency medical assistance as needed.
5.
Conduct preliminary interview of victim and witnesses.
6.
Evaluate the welfare and safety of the victim.
F.
Survey the crime scene for physical evidence of abuse and neglect.
G.
Observe and note injuries to household members who may be victims of some degree of domestic
violence or other criminal offenses and take appropriate and necessary action.
H
. Separate people on scene from evidence.
I.
Determine if other assistance is needed, i.e., a translator, victim advocate, crime scene investigator,
detective.
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G.O. 15.1A
J.
Document any utterances or statements made by the child victim or other children at the scene in relation
to the case.
K.
Conduct a criminal history check on potential suspects and wants and warrants checks on suspects and
witnesses.
L.
Pursuant to search and seizure requirements and using agency procedures, collect and preserve evidence
M.
Prepare a written report. The initial report is significant to the post investigation, prosecution, the
protective investigation by the Department of Children and Families, and any related cases prior to or after the
incident being investigated. The officer’s initial report should:
1.
Identify the child abuse and/or neglect crime.
2.
State the date, time, and place where crime occurred.
3.
Determine existence of any 911 call, or any other recorded police lines, and identify date, time, and
when available, name of caller.
4.
State information provided by the dispatcher.
5.
Document any custody issues.
6.
Document probable cause.
7.
Document all verbal and written statements.
8.
Document the names, dates of birth, social security numbers, addresses, phone numbers and
statements of all victims, suspects and household members.
9.
Reference prior incident reports.
10.
List names and addresses of victim contact persons.
11.
Identify the suspect.
12.
Show the relationship between the victim and suspect.
13.
Describe victim and suspect including their demeanor at time of arrival on scene.
14.
Document all injuries, physical conditions and medical treatment rendered. Observable or reported
injuries should be photographed.
15.
Document name of medical treatment provider and other health care providers such as EMS
personnel.
16.
Document evidence collected, from where, when, and by whom.
17.
Describe other children present and how they are cared for.
18.
Describe indicators of future threats to victim safety.
19.
Reference any special needs such as language barriers or disabilities of parties involved.
20.
Document criminal history information.
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G.O. 15.1A
21.
Complete a narrative of the officer’s observations and description of the alleged incident.
22.
Identify all witnesses by name, date of birth, address, and contact phone numbers; if interviewed,
set out substance of statement and whether written, recorded, or oral.
N.
Law enforcement and the Department shall agree on the future course of the investigation. In the event of
a disagreement, law enforcement and the department shall initiate a consultation with their respective
specialist.
O.
The final determination shall be entered into the central database.
II. IN-DEPTH INVESTIGATION OF CHILD ABUSE:
The in-depth investigation of an alleged child
abuse will be assigned to a detective. The assigned investigator will:
A.
Determine through contact with the first responder and their supervisor, or by reviewing the initial report
what emergency action has been taken, what is being initiated, and the allegations that have been reported.
B.
Determine what notifications have been made and need to be made.
C.
Obtain names with all identifying information of subjects remaining at the scene from the first responding
officer, when applicable. Ensure that the initial responding officer has documented all persons who have left
the scene prior to arrival.
D.
Collect and preserve additional evidence.
E.
In consultation with the Protective Investigator recommend or coordinate the medical examination of
victims and siblings or other children in the home with the Department of Health Child Protection
Team or other medical facility designated in the local Memorandum of Agreement.
F.
In consultation with the Protective Investigator recommend to the Department of Children and Families or
Department of Health Child Protection Team that psychological evaluations be conducted when the victim
exhibits evidence of severe emotional abuse, physical abuse, sexual abuse and/or neglect.
G.
Obtain recent and historical protective investigative reports from the Department of Children and
Families. Pursuant to s. 39.202(4), F.S., the law enforcement investigator must keep the identity of the
reporter confidential.
H.
When the alleged neglect or abuse leads to a child’s death, obtain the results of the medical examination
of all children residing with the victim. The medical examiner must also be contacted to respond to the scene
and to coordinate an autopsy, which must be conducted pursuant to s. 39.201(3), F.S.
I.
Interview victim, witnesses and suspect. Prior to conducting interviews the law enforcement investigator
should, with the assistance of a Department of Children and Families Protective Investigator, determine
interview strategies keeping in mind the legal restrictions on the number of child interviews and the impact
that the interviews can have on the child. The chief judge of each judicial circuit through an administrative
order determines the maximum number of interviews allowed of a child sexual abuse victim in that
jurisdiction.
J.
Interviewing the victim:
1.
Any token gifts given the child, i.e., dolls, small badges, stickers, should be done after the interview and
without promising the child anything in exchange for testimony. .
2.
Audio taping or videotaping of the victim statement should be conducted in accordance with local law
enforcement procedure or administrative order. If the interviewer chooses to only use an audiotape, the
interviewer must document the non-verbal responses of the victim and non-verbal behavior of other
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G.O. 15.1A
witnesses present. Although presence of persons other than the interviewer is discouraged, when
videotaping the victim, any persons in the interview room should be in view of the video camera. Children
unless and until the perpetrator is
should not be interviewed in the presence of the parent or guardian
identified.
3.
Interviews of victims conducted at schools do not require permission of the school administrators or
personnel and may exclude them from being present during the interview pursuant to 39.301 (12), F.S.
The law enforcement agency may allow a school staff member who is known by the child to be present
during the initial interview if:
a.
law enforcement agency believes that the school staff member could enhance the success of the
interview by his or her presence; and
b.
the child requests or consents to the presence of the school staff member at the interview. School
staff may be present only when authorized by law. 39.301 (18), F.S.
4.
Interview victim in a location that is comfortable, non-distracting and provides privacy and a
sense of safety for the child. When possible, the officer should interview the child away from the
scene where the incident occurred.
5.
When sexual abuse is suspected, conduct or request a forensic interview.
6.
Children are often portrayed as unreliable witnesses, susceptible to suggestive or leading questions.
The interviewer must guide the child through the interview process without being suggestive or leading
and must avoid such phrases as “Let’s pretend,” “Imagine,” or “Tell the story.” The child should also be
questioned as to whether prior incidents of abuse have occurred.
7.
The interviewer must qualify the child as a witness in an age appropriate manner. It is recommended
Child Protection Team
that the be utilized to conduct the interview.
8.
Document the child’s words exactly, in identifying body parts and distinguishes between contact
union/non-union when gathering information on sexual acts.
9.
When a child draws or makes notes for the interview, document on the drawing or notes the date, time
and the names of persons present during the interview. The drawings or notes should be retained as items
of evidence.
10.
Review the child-victim’s statement line by line and seek to corroborate each and every element of
information provided in order to enhance the child’s credibility.
11.
Caution should be taken to ensure that the non-offending parent or care-giver is not providing
information that can be passed on to the suspect.
12.
Law enforcement takes the lead and controls when, where, and how the suspect is to be interviewed.
13.
When recent or historical victims have been identified as part of the case, they should be interviewed
as witnesses. Prosecutors may use the Williams Rule of Evidence to submit the statements of historical
victims in court (similar fact evidence).
K.
Using agency procedures, conduct a controlled phone call.
L.
Document all statements.
M.
Prepare any search warrants that would be required to secure further evidence not yet collected. When the
investigator is able to obtain documented consent to search the scene from the individuals with the right to
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G.O. 15.1A
authorize a consensual search, a warrant is not required. Use extreme caution when proceeding without a
search warrant.
N.
Upon gathering the necessary information, evaluate and compare the suspect’s personality, prior
criminal history, relationship to the child, statements of the suspect, victim and witnesses, and the collected
evidence to determine what offenses, if any, have been committed. Officers or detectives may consult the
Division Chief of the State Attorney’s Office Crimes Against Children Unit for guidance.
M.
Any conflicts between the DCF Protective Investigator and law enforcement officer shall be immediately
forwarded to the respective agency’s Child Abuse Specialist.
III. ARRESTS:
A.
Always follow officer safety procedures in con ducting the arrest.
B.
Issue Miranda warnings in accordance with prescribed law and local agency procedures.
C.
When possible, prevent further trauma to the victim and family members by making the arrest
outside of their presence.
D.
If the decision is made not to make an arrest, law enforcement shall document their findings and reasons
in a final report.
F.
The final determination shall be entered into the central database.
IV. REPORTS:
A. Report Titles:
If the suspect(s) in the alleged abuse is arrested for the offense, or the available
information is likely to lead to an arrest, the report should be titled “Child Abuse,” “Child Neglect,” etc. If the
available information is not likely to lead to a finding of probable cause, the report should be titled “Child
Abuse Investigation,” “Child Neglect Investigation,” etc.
B. The Supplemental Report:
The supplemental report is significant to the evaluation and possible
prosecution of the case. It should document all stages of the investigation and any additional information
collected since the initial report. The officer must demonstrate objectivity in both reporting the case and
pursuing prosecution of the suspect. The report should be detailed and provide enough facts to support any
conclusions drawn.
C. Child Safety Review Database Form: ALL child abuse related
This form must be completed on
reports
so it can be entered in to the database. It must contain all pertinent information including narrative
description of the allegations, findings, and disposition.
D. Incidents Occurring Outside Tequesta: A
report will be taken using the appropriate title of the offense
and referred to the detective division for further action. The detective assigned the case will be responsible for
making contact with the appropriate law enforcement agency and providing them a copy of the report. The
detective will then generate a supplemental report to clear the case.
V. GLOSSARY:
CHILD - Any unmarried person under the age of 18 years.
DCF – Department of Children and Families.
FORMAL INTERVIEW - An in-depth interview of the victim conducted by the investigating officer or
detective.
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G.O. 15.1A
FOUL PLAY - Includes, but is not limited to, kidnapping, false imprisonment, and custodial interference. The
determination of foul play will be established through witness statements, evidence, and investigation.
only
INFORMAL INTERVIEW - A brief interview with the victim to determine if a crime has been committed,
and to obtain a description of the assailant and his method of escape.
JUVENILE - An unmarried person under the age of 18 years.
INDEXING:
CHILD ABUSE
CHILD NEGLECT
CHILD PROCEDURES
CHILD PROTECTION TEAM (CPT)
CRIMES AGAINST CHILDREN PROCEDURES
DRAFTED:
djr/September 18, 2008/Filed: cabuse15.1
APPROVED:
Pete Pitocchelli, Chief DATE: November 05, 2011
Tequesta, Florida
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