Police Department Policy

48850100.pdf

Gainesville Police Department

Policy Text
\n\n--- Page 1 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER TITLE ACCREDITATION Investigations of the Physical and/or CALEA Chapter 42 Sexual Abuse of Children PRIOR REVISIONS PROPONENT UNIT 06/27/05, 06/30/08,01/03/18 Criminal Investigations Division (CID) ATTACHMENT: NUMBER ISSUE DATE REVISION DATE TOTAL PAGES 40.8 07/01/98 07/19/22 8 I. PURPOSE: The purpose of this order is to instruct members on the proper and sensitive handling of crimes involving the physical and/or sexual abuse of children, and to identify the resources available to support the victim and the investigation. Note: The Gainesville Police Department has entered into an Inter-Agency Agreement with the Child Advocacy Center. The Gainesville Police Department has agreed to follow the Multi- Disciplinary Team approach and protocol established with the Child Advocacy Center when investigating physical and/or sexual abuse of children. This General Order outlines policy that follows the protocol guidelines established for the Multi-Disciplinary Team approach. II. POLICY: It is the policy of the Gainesville Police Department to thoroughly investigate crimes involving the physical and/or sexual abuse of children to ensure the protection of children and the prosecution of offenders. Members will also properly report complaints of physical and/or sexual abuse of a child to the appropriate agencies. III. DISCUSSION: In accordance with Florida State Statutes Chapters 39, 794, and 827, “physical and/or sexual abuse of a child” will be defined broadly to ensure instances of abuse are properly categorized and investigated. Ultimately, the crime charged will be based upon the facts and results of the investigation. III. DEFINITIONS: 1. Child: A person under the age of 18 years. 2. Child Advocacy Center (CAC): A non-profit organization that coordinates investigative efforts among the Multi-Disciplinary Team Members. The CAC conducts forensic interviews of children and provides access to appropriate mental health evaluations and treatment. The CAC is a part of the Multi-Disciplinary Team. 3. Child Protective Investigator (CPI): An employee of the Department of Children and Families who investigates child abuse for the purpose of assessing the welfare of the child and making decisions on his/her disposition and protection. The CPI is NOT responsible for investigating criminal allegations.\n\n--- Page 2 ---\n\nGAINESVILLE POLICE DEPARTMENT 4. Child Protection Team (CPT): Medical professionals specifically trained in conducting Forensic Medical Exams of children who have been physically or sexually abused. Forensic Medical Exams are conducted at CPT. CPT has the ability to medically diagnose a child’s injuries as resulting from physical and/or sexual abuse. CPT has someone on-call 24 hours a day, seven days a week. CPT is a part of the Multi- Disciplinary Team. 5. Department of Children and Families (DCF): A state agency that primarily investigates allegations of the physical and/ or sexual abuse of a child or the neglect of a child. DCF has a supervisor and investigator on-call 24 hours a day, seven days a week. DCF is a part of the Multi-Disciplinary Team. IV. PROCEDURE A. Police Response/Assignment: Complaints of the physical and/or sexual abuse of a child, including those from DCF, that occurred within the City Limits of Gainesville will be fielded by the Combined Communications Center (CCC). The CCC will evaluate the information received to determine the appropriate Police response. 1. Front Desk Officer: An Incident/Investigative Report may be taken over the phone when the CCC determines: a. There is a significant time delay (several weeks or months have passed) in the reporting of the alleged abuse and the child is not in danger of further abuse, and/or b. The victim/child is not in Alachua County and there is no potential crime scene. *** Note: Disputes over whether or not the report should be taken by phone will be resolved by a Patrol supervisor. 2. Dispatch: An officer will be dispatched to investigate criminal allegations of the physical and/or sexual abuse of a child in all other instances. B. Investigative Responsibility: Department Members investigating a case involving an allegation of the physical and/or sexual abuse of a child will conduct an initial investigation to evaluate the complaint and determine whether or not the allegations are criminal. [CALEA 42.2.1.d] 1. Initial Investigation: The Department Member is responsible for taking the lead in the criminal investigation, even if a Child Protective Investigator from DCF is involved. i. Initially, the Member will interview: the complainant, witnesses, neighbors, family members, parents, medical personnel, and any other person with knowledge. [CALEA 42.2.1.b] ii. The Member should not interview the child/victim unless there are extenuating circumstances: 2\n\n--- Page 3 ---\n\nGAINESVILLE POLICE DEPARTMENT a. The suspect is on-scene and will not be easily located at a later date. b. There is a concern the parent/guardian will not protect the child. iii. If the Department Member determines it is necessary for the child/victim to be interviewed immediately, the Member will: a. Contact the Criminal Investigations Division (CID) for assistance in arranging for a Forensic Interview of the child/victim. The CAC is the preferred means of interviewing the child/victim. b. In the rare instance the CAC and/or CID is not able to assist immediately, the Member will interview the child/victim to determine: 1). Location of incident; 2). Time and date of incident(s); 3). Potential suspect(s) and their relation to the victim; 4). Type of abuse. c. If possible, Members should wait until the DCF Investigator arrives on scene to interview the child/victim because there is a statutory limit on the number of interviews. d. Statutorily, the number of times a child may be interviewed is limited to three. iv. The Member WILL NOT obtain written statements from any child involved in the investigation, regardless of whether they are a victim or a witness. 2. Interviewing the Suspect: It is recommended the suspect not be interviewed prior to the child/victim being interviewed or prior to a Forensic Medical Exam of the child/victim. If the circumstances of the investigation dictate it is necessary to interview the suspect, the Member should: i. Contact CID for assistance; ii. If CID is not able to assist, the Member will conduct the interview with the suspect. iii. If at all possible, the Member will videotape or record the interview; iv. Ask questions as to how the child/victim sustained any injuries; 3\n\n--- Page 4 ---\n\nGAINESVILLE POLICE DEPARTMENT e. Consider whether the suspect’s explanation is consistent with the child/victim’s injuries; f. Evaluate the suspect’s explanation compared to other information gathered during the investigation. C. Department of Children and Families: DCF investigates cases involving suspected physical and/or sexual abuse of a child, child abandonment, and child neglect. DCF will conduct an investigation if the suspect was in a caregiver role at the time of the incident. DCF will also conduct an investigation of a case involving child-on-child sexual abuse under certain circumstances. *** Note: A goal of the multi-disciplinary team approach is to coordinate investigative efforts between Law Enforcement and DCF to reduce the amount of duplicated efforts by each agency. 1. DCF Notification: i. Unless initially reported by DCF, Members who investigate a report of a crime against a child must immediately notify DCF. In order to decrease the amount of time it takes to make a report the following reporting options are suggested. Members may use any of the reporting methods listed below regardless of day or time. a. During Business Hours (Mon-Fri 0800-1700): Notification may be made by calling the DCF Central Abuse Hotline at 1-866-LE- ABUSE (1-866-532-2873). Members will obtain the operator’s name and I.D. number and inclu

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