Policy Text
CHILD ABUSE
EFFECTIVE DATE: 11/01/94 STANDARD NO. 074 REVISED: 06/22/18
REPLACES: SOP Child Abuse 03-03.1-3 – Rev. 01/01/03; Rev. 06/01/05
OBJECTIVE: To establish policy and procedures for the investigation of all cases involving
neglect and abuse of children.
POLICY: It is the policy of the Homestead Police Department (HPD) to enforce the state
statutes provided for the protection of children. The primary responsibility is the
care and safety of the victim.
SCOPE: All employees of this Department shall be governed by the procedures set forth
below.
I. DEFINITIONS:
A. Child Abuse means (Chapter 827):
1. The intentional infliction of physical or mental injury upon a child;
2. An intentional act that could reasonably be expected to result in physical or
mental injury to a child; or
3. Active encouragement of any person to commit an act that results or could
reasonably be expected to result in physical or mental injury to a child.
B. Child Neglect means (Chapter 827):
1. A caregiver’s failure or omission to provide a child with the care, supervision, and
services necessary to maintain the child’s physical and mental health, including,
but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and
medical services that a prudent person would consider essential for the well-
being of the child; or
2. A caregiver’s failure to make a reasonable effort to protect a child from abuse,
neglect, or exploitation by another person.
C. Except as otherwise provided in this section, neglect of a child may be based on
repeated conduct or on a single incident or omission that results in, or could reasonably
be expected to result in, serious physical or mental injury, or a substantial risk of death,
to a child.
II. INTRODUCTION:
A. Because of multiple agency involvement, it is imperative that the agencies work closely
together for the interest of the child. All Department employees will become familiar with
the provisions of the below procedures and FS 784.05, Chapter 415, Chapter 39, and
Child Abuse – SOP# 078
Chapter 827. Officers will charge Child Abuse / Neglect cases, FS 827.03. The
following offenses may be charged under FS 827.03:
1. Battery on a child.
2. Neglect, e.g. house is uninhabitable, there is lack of food or appropriate medical
treatment.
3. FS 784.05, “Culpable Negligence”, may be used for felony cases where the
children are left alone and/or exposed to danger. FS 784.05 (3) “by storing or
leaving a loaded firearm within the reach or easy access of a minor commits, if
the minor obtains the firearm and uses it to inflict injury or death upon himself or
herself or any other person…” Officers will provide name and date of birth of
children to the State Attorney’s Office along with a copy of the Offense Incident
Report and copies of any photos. If the Department of Children and Families
(DCF) was contacted, the officer will include in the Offense Incident report the ID
number of the person contacted via the Abuse hotline and the time DCF was
contacted. Also, if a copy of the report is faxed to DCF, the officer will write the
case number on the fax transmittal sheet and attach to the sheet the Offense
Incident Report.
4. Where parents have left a child or children younger than six years of age
unsupervised in motor vehicles, officers may issue a civil infraction under FS
316.6135 by using a traffic citation. If the incident meets the criteria of a felony,
the officer will charge the offender(s) under FS 784.05 ”Culpable negligence”
using an arrest affidavit. Under felony situations, the officer must contact DCF
Abuse Hotline and follow the same procedures listed in Section II. A #3 above.