Policy Text
Policy
313San Luis Obispo Police Department
San Luis Obispo PD CA Policy Manual
Copyright Lexipol, LLC 2024/10/31, All Rights Reserved.
Published with permission by San Luis Obispo Police
DepartmentChild Abuse - 1Child Abuse
313.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the investigation of suspected child abuse.
This policy also addresses when San Luis Obispo Police Department members are required to
notify the county Child Protective Services (CPS) of suspected child abuse.
313.1.1 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).
313.2 POLICY
The San Luis Obispo Police Department will investigate all reported incidents of alleged criminal
child abuse and ensure CPS is notified as required by law.
313.3 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. Notification of the District Attorney is not required for 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 (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. When the alleged abuse or neglect involves a child of a minor parent
or a dependent adult, notification shall also be made to the attorney of the minor or the dependent
adult within 36 hours (Penal Code 11166.1; Penal Code 11166.2).
San Luis Obispo Police Department
San Luis Obispo PD CA Policy Manual
Child Abuse
Copyright Lexipol, LLC 2024/10/31, All Rights Reserved.
Published with permission by San Luis Obispo Police
DepartmentChild Abuse - 2For 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);
neglect (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 the peace officer's employment as a peace officer.
313.3.1 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.
313.4 QUALIFIED INVESTIGATORS
Qualified investigators should be available for child abuse investigations. These investigators
should:
(a) .
(b) .
(c) .
(d)
.
(e)
.
(f) Participate in or coordinate with multidisciplinary investigative teams as applicable
(Welfare and Institutions Code § 18961.7).
313.5 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)
.
(b)
.
San Luis Obispo Police Department
San Luis Obispo PD CA Policy Manual
Child Abuse
Copyright Lexipol, LLC 2024/10/31, All Rights Reserved.
Published with permission by San Luis Obispo Police
DepartmentChild Abuse - 3(c)
.
(d)
.
(e)
.
(f)
.
(g)
.
(h)
.
(i) .
(j)
.
All cases of the unexplained death of a child should be investigated as thoroughly as if it had been
a case of suspected child abuse (e.g., a sudden or unexplained death of an infant).
313.5.1 EXTRA JURISDICTIONAL REPORTS
If a report of known or suspected child abuse or neglect that is alleged to have occurred outside this
jurisdiction is received, department members shall ensure that the caller is immediately transferred
to the agency with proper jurisdiction for the investigation of the case. If the caller cannot be
successfully transferred to the