Policy Text
Policy Delano Police Department
316 Delano PD Policy Manual
Child Abuse
316.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the investigation of suspected child abuse.
This policy also addresses when Delano Police Department members are required to notify the
county Child Protective Services (CPS) of suspected child abuse.
316.1.1 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).
316.2 POLICY
The Delano Police Department will investigate all reported incidents of alleged criminal child abuse
and ensure CPS is notified as required by law.
316.3 MANDATORY NOTIFICATION
The child protection agency shall be notified 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. 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 should not be reported to the District Attorney
(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 (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);
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Published with permission by Delano Police Department