Policy Text
Revisions or additions are highlighted 1 (09/22/2023 ) ST. PETERSBURG POLICE DEPARTMENT
GENERAL ORDER
Subject: CHILD ABUSE AND NEGLECT INVESTIGATIONS
Index as: Abuse of a Child DCF
Aggravated Child Abuse Delinquency, Contributing to
Caregiver Department of Children and Families (DCF )
Child Florida Abuse Hotline
Child Abuse In Loco Parentis
Child Abuse and Neglect Investigations Malicious
Child Protective Investigator (CPI) Mental Injury
Child Removal Neglect of a Child
Children Sexual Abuse
Contributi ng to the Delinquency of a Minor Unlawful Sexual Activity with Certain Minors
CPI
Accreditation Standards: 44.2.1
Cross Reference: G.O. III -06, Juvenile Procedures
Florida State Statutes, Chapters 39 and 827
State v. Wilson, 744 So.2nd 1237
Replaces : I.O. V.3: 02, Child Abuse and Neglect Investigations (April 28, 2016 )
This Directive describes the responsibility of and procedures for the investigation of reports o f child abuse and neglect. The
Directive consists of:
I. Definitions
II. Child Abuse and Neglect Investigations
III. Contributing to Delinquency Investigations
IV. Setting the State Attorney’s Investigation
V. Criminal Charges
VI. Assisting Other Jurisdictions
VII. Allegation of “Mental Injury”
VIII. Drug Addicted Babies
IX. Drug Involved Parents
X. Child Removal
I. DEFINITIONS
A. Aggravated Child Abuse – (§827.03 , F.S.S. ) When a person commits aggravated battery on a child; or
1. Willfully tortures, maliciously punishes, or willfully and unlawfully cages a child; or
2. Knowingly or willfully abuses a child; and
3. In so doing, causes great bodily harm, permanent disability, or permanent disfigurement to the child.
DATE OF
ISSUE EFFECTIVE DATE NUMBER
April 2016 Immediately V.3:02
Distribution: All Employees
Instructional Order V.3: 02
Revisions or additions are highlighted 2 (09/22/2023 ) B. Caregiver – (§827.01 , F.S.S. ) A parent, adult household member, or other person responsible for a child’s welfare.
C. Child – (§827.01 , F.S.S. ) Any person under the age of eighteen ( 18) years.
D. Child Abuse – (§827.03 , F.S.S. ) The intentional infliction of physical or mental injury upon a child;
1. An intentional act that could reasonably be expected to result in physical or mental injury to a child; or
2. 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; or
3. A person twenty -one ( 21) years of age or older who impregnates a child under sixteen ( 16) years of age.
(§827.04 , F.S.S. )
E. Contributing to the Delinquency of a Minor – (FSS §827.04) Any person who:
1. Commits any act which causes, tends to cause, encourages or contributes to a child becoming a delinquent
child or a child in need of services; or
2. Induces or endeavors to induce, by act, threat, command or persuasion, a child to commit or perform any act,
follow any course of conduct, or live in a manner that cause s, or tends to caus e, such child to become or to remain a
delinquent or dependent child, or a child in need of services.
F. Child Protective Investigator (CPI) – An employee of the Florida Department of Children and Families (DCF) or an
employee of an agency contracted by the DCF to conduct the investigation of child abuse, abandonment or neglect.
G. In Loco Parentis – The legal doctrine under which an individual assumes parental rights, duties, and obligations
without going through the formalities of legal adoption.
H. Malicious – An act done wrongfully, intentionally and without lega l justification and excuse [ §827.03(4 ) F.S.S .].
I. Mental Injury – An injury to the intellectual or psychological capacity of a child as evidenced by a discernible and
substantial impairment in the ability to function within the normal range of performance and behavior.
J. Neglect of a Child – (§827.03 , F.S.S. ) A caregiver’s failure or omission to provide a child with care, supervision, and
services necessary to maintain the child’s physical and mental health, including, but not limited to, food, nutrition, clothi ng,
shelter, supervision, medicine, and medical s ervices that a prudent person would consider essential for the well -being of
the child; or, the caregiver’s failure to make a reasonable effort to protect a child from abuse, neglect or exploitation by
another person.
K. Unlawful Sexual Activity with Certain Minors – (§794.05 , F.S.S. ) Prohibits sexual activity by a person 24 years of
age or older with a person 16 or 17 years of age.
II. CHILD ABUSE AND NEGLECT INVESTIGATIONS
A. Initial investigation into an allegation of child abuse/neglect is