Policy Text
OFFICE OF CHIEF OF POLICE
OAKLAND POLICE DEPARTMENT
MEMORANDUM
TO: All Personnel DATE: 16 Sep 14
SUBJECT: Revision of Training Bulletin IV -C, SEXUAL ASSAULTS
and Training Bulletin IV -E, CHILD ABUSE (Rev. 14 Apr 14)
The purpose of th is memorandum is to notify members of a revision to Training Bulletin IV -C,
SEXUAL ASSAULTS and Training Bulletin IV -E, CHILD ABUSE . The revision is identical in
both documents and only affects follow -up investigators .
The revisions are on Page 5 -6 of TB IV -C and p age 23 of TB IV -E, as follows:
Previous language:
Submit lab requests for analysis of biological material in ALL cases with sexual assault kits
and/or biological evidence, absent those deemed UNFOUNDED by the SVU supervisor. A
detailed explanation of wh y the case was UNFOUNDED shall be documented in the follow -
up investigation by the assigned investigator.
Revised language:
Evaluate, inventory and assess all evidence for testing. Absent those items listed below as
“exceptions” all lab requests for the analysis of biological material, e.g., SART Kits
and/or other biological evidence, shall be submitted within 7 -business days of the case
being received by an investigator for investigation. However; if additional time is needed
to evaluate the case to de termine the necessity of the lab request, this fact must be
articulated and documented in follow -up investigation report.
Exceptions to making lab requests:
Based upon the investigator’s evaluation of the “totality of circumstances” of the case
and with the expressed approval of the reviewing SVU supervisor, investigators may
elect NOT to have a SART Kit and/or other biological evidence processed and analyzed
by the Crime Lab. Reasons for not requesting such action must be clearly articulated and
documen ted in the investigator’s follow -up investigation. These reasons may include, but
are not limited to:
1. Case is deemed UNFOUNDED, i.e., the crime did not occur;
2. The victim’s lack of credibility and there does NOT appear to be a clear public safety
issue;
3. The victim’s outright refusal to cooperate and there does NOT appear to be a clear
public safety issue;
4. The investigator has tried but has been unsuccessful in contacting/re-interviewing the
victim, to confmn validity ofthe crime;
5. The testing ofthe evidence would have no impact on the case, e.g., both "known"
parties admitted to having consensual sex but the victim later removed the consent.
[This DOES NOT APPLY TO ANY CASE INVOLVING A CHILD -person under
the age of 18]
By order of
Sean Whent
ChiefofPolice Date Signed: '1-11-/1./
POLICE RESPONSE TO CHILD ABUSE
The U.S. Department of Health and Human Services reported than in 2011, over 676,000 children
were the victims of child abuse or neglect .1 That same year, at least 1,570 children died as a result
of abuse or neglect.2 However, many researchers believe the number of child fatalities is
underreported. Over 81% of these deaths involved children under the age of four.
While the youngest children may be the most vulnerable to serious injury and death, children of all
ages suffer abuse, including adolescents.
While adolescents may have more options than younger victims, their options are not neces sarily
positive ones. Many adolescents involved in prostitution and alcohol and drug abuse are victims of
physical and/or sexual child abuse and/or child neglect. Indeed, c hildren who suffer abuse are a t
risk for many of adverse, long -term consequ ences, including increased risk of delinquency, teen
pregnancy, low academic performance, drug or alcohol abuse, mental he alth issues and physical
ailments.3 These consequences can last into adulthood. The U.S. Center for Disease Control
published a study in 2012 finding that the estimated financial costs associated with just one year of
confirmed cases of child maltreatmen t to be $124 billion.4 These costs included criminal justice
system costs, child welfare costs, childhood medical and mental health treatment and projected
adult medical treatment and productivity loss.
This Training Bulletin discusses the f ive (5) types of child abuse. After defining and describing
the types of child abuse and the Penal Code sections which apply to each, the Training Bulletin
examines the responsibility of the patrol officer called to the scene of a potential child -abuse
incident.
1 U.S. Department of Health and Human Services, Administration for Childre n and Families,
Administration on Children, Youth and Families, Children’s Bureau. (2013). Child Maltreatment
2011 .
2 U.S. Department of Health and Human Services Administration for Children and Families
Administration on Children, Youth and Families Child ren’s Bureau. (2013), Child Abuse and
Neglect Fatalities 2011: Statistics and Interventions
3 U.S. Department of Health and Human Services Administration for Children and Families
Administration on Children, Youth and Families Children’s Bureau. (2008), Long-term
Consequences of Child Abuse and Neglect .
4 Fang, et al. Child Abuse & Neglect (Vol 13, Issue 2, 2012), The Economic Burden of Child
Maltreatment in the United States and Implications for Prevention. TRAINING BULLETIN
Evaluation Coordinator: YFS S Commander
Automatic Revision Cycle: 3 Years
“Department Training Bulletins