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Policy 315Santa Monica Police Department Santa Monica Police Department Policy Manual Copyright Lexipol, LLC 2024/02/26, All Rights Reserved. Published with permission by Santa Monica Police DepartmentChild Abuse - 1Child Abuse 315.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the investigation of suspected child abuse. This policy also addresses when Santa Monica Police Department employees are required to notify the Los Angeles County Department of Children and Family Services (DCFS) of suspected child abuse. 315.1.1 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). 315.2 POLICY The Santa Monica Police Department will investigate all reported incidents of alleged criminal child abuse and ensure the Los Angeles County Department of Children and Family Services is notified as required by law. 315.3 MANDATORY NOTIFICATION All employees of this Department are responsible for the proper reporting of child abuse (Penal Code § 11165.9; Penal Code § 11165.7). Each member, within his or her professional capacity or scope of employment, shall notify the appropriate child protection agency 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, or (c)Any other case where the employee has knowledge of or observes a child whom the employee knows or reasonably suspects has been the victim of abuse or neglect. 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). Santa Monica Police Department Santa Monica Police Department Policy Manual Child Abuse Copyright Lexipol, LLC 2024/02/26, All Rights Reserved. Published with permission by Santa Monica Police DepartmentChild Abuse - 2When 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). 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); 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. 315.3.1 NOTIFICATION PROCEDURE All employees of the Department shall ensure the Los Angeles County Department of Children and Family Services is notified in accordance with mandatory reporter requirements. Notification of DCFS 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. 315.4 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). 315.5 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. Santa Monica Police Department Santa Monica Police Department Policy Manual Child Abuse Copyright Lexipol, LLC 2024/02/26, All Rights Reserved. Published with permission by Santa Monica Police DepartmentChild Abuse