Child_Abuse

Policy 314CSU Police Department Systemwide Policy Manual Copyright Lexipol, LLC 2025/08/30, All Rights Reserved. Published with permission by CSU Police DepartmentChild Abuse - 1Child Abuse 314.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the investigation of suspected child abuse. This policy also addresses when CSU Police Department members are required to notify sworn department members in order to provide notification to the county Child Protective Services (CPS) of suspected child abuse. 314.1.1 DEFINITIONS Definitions related to this policy include: Child - Unless otherwise specified by a cited statute, a child is any person under the age of 18 years. Child abuse - Any offense or attempted offense involving violence or neglect with a child victim when committed by a person responsible for the child’s care or any other act that would mandate notification to a social service agency or law enforcement (Penal Code § 11165.9; Penal Code § 11166). 314.2 POLICY The CSU Police Department will investigate all reported incidents of alleged criminal child abuse and ensure CPS is notified as required by law. 314.3 MANDATORY NOTIFICATION The child protection agency shall be notified by sworn department personnel when (Penal Code § 11166): (a)There is a known or suspected instance of child abuse or neglect reported, which is alleged to have occurred as a result of the action of a person responsible for the child's welfare, or (b)A person responsible for the child's welfare fails to adequately protect the child from abuse when the person knew or reasonably should have known that the child was in danger of abuse. The District Attorney's office shall be notified in all instances of known or suspected child abuse or neglect reported to this department. Notification of the District Attorney is not required for reports only involving neglect by a person, who has the care or custody of a child, to provide adequate food, clothing, shelter, medical care, or supervision where no physical injury to the child has occurred (Penal Code § 11166). When the abuse or neglect occurs at a licensed facility or is alleged to have resulted from the actions of a person who is required to have a state license (e.g., foster homes, group homes, day care), notification shall also be made to the California Department of Social Services or other applicable licensing authority. When the alleged abuse or neglect involves a child of a minor parent CSU Police Department Systemwide Policy Manual Child Abuse Copyright Lexipol, LLC 2025/08/30, All Rights Reserved. Published with permission by CSU Police DepartmentChild Abuse - 2or a dependent adult, notification shall also be made to the attorney of the minor or the dependent adult within 36 hours (Penal Code 11166.1; Penal Code 11166.2). For purposes of notification, the abuse or neglect includes physical injury or death inflicted by other than accidental means upon a child by another person; sexual abuse (Penal Code § 11165.1); neglect (Penal Code § 11165.2); the willful harming or injuring of a child or the endangering of the person or health of a child (Penal Code § 11165.3); and unlawful corporal punishment or injury (Penal Code § 11165.4). Child abuse or neglect does not include a mutual affray between minors, nor does it include an injury caused by the reasonable and necessary force used by a peace officer acting within the course and scope of the peace officer's employment as a peace officer. 314.3.1 NOTIFICATION PROCEDURE Notification should occur as follows (Penal Code § 11166): (a)Notification shall be made immediately, or as soon as practicable, by telephone, fax or electronic transmission. (b)A written follow-up report should be forwarded within 36 hours of receiving the information concerning the incident. 314.4 QUALIFIED INVESTIGATORS Qualified investigators should be available for child abuse investigations. These investigators should: (a)Conduct interviews in child appropriate interview facilities. (b)Be familiar with forensic interview techniques specific to child abuse investigations. (c)Present all cases of alleged child abuse to the prosecutor for review. (d)Coordinate with other enforcement agencies, social service agencies and school administrators as needed. (e)Provide referrals to therapy services, victim advocates, guardians and support for the child and family as appropriate. (f)Participate in or coordinate with multidisciplinary investigative teams as applicable (Welfare and Institutions Code § 18961.7). 314.5 INVESTIGATIONS AND REPORTING In all reported or suspected cases of child abuse, a report will be written. Officers shall write a report even if the allegations appear unfounded or unsubstantiated. Investigations and reports related to suspected cases of child abuse should address, as applicable: (a)The overall basis for the contact. This should be done by the investigating officer in all circumstances where a suspected child abuse victim was contacted. CSU Police Department Systemwide Policy Manual Child Abuse Copyright Lexipol, LLC 2025/08/30, All Rights Reserved. Published with permission by CSU Police DepartmentChild Abuse - 3(b)The exigent circumstances that existed if officers interviewed the child victim without the presence of a parent or guardian. (c)Any relevant statements the child may have made and to whom he/she made the statements. (d)If a child was taken into protective custody, the reasons, the name and title of the person making the decision, and why other alternatives