Policy Text
Policy
330Mountain View Police Department
Mountain View PD Policy Manual
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentChild Abuse - 1Child Abuse
330.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the investigation of suspected child abuse.
This policy also addresses when Mountain View Police Department members are required to notify
the county Child Protective Services (CPS) of suspected child abuse.
330.1.1 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).
330.2 POLICY
The Mountain View Police Department will investigate all reported incidents of alleged criminal
child abuse and ensure CPS is notified as required by law.
330.3 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);
Mountain View Police Department
Mountain View PD Policy Manual
Child Abuse
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentChild Abuse - 2neglect (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 his/her employment as a peace officer.
330.3.1 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.
330.4 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).
330.5 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.
(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.
Mountain View Police Department
Mountain View PD Policy Manual
Child Abuse
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentChild Abuse - 3(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 were not appropriate.
(e)Documentation of any visible injuries or any injuries identified by the child. This should
include photographs of such injuries, if practicable.
(f)Whether the child victim was transported for medical treatment or a medical
examination.
(g)Whether the victim