Policy Text
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
1 01/24/2011 07/01/201 9 01/01/20 20
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
330 - Child Abuse Reporting 1 POLICY 330 CHILD ABUSE REPORTING
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 Tustin Police Department members are required to notify the
county Child Protective Services (CPS) of suspected child abuse.
330.1.1 ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 82.1.1, 82.2.1
This policy pertains to the following Standard Operating Procedures:
330.2 DEFINITION S
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 chil d’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).
330.3 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 pr otect 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 departm ent by Social Services through a C.A.R. report . 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 h omes, 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).
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
1 01/24/2011 07/01/201 9 01/01/20 20
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
330 - Child Abuse Reporting 2 For purposes of notification, the abuse or neglect includes physical injury or death 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 ac ting 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 practicably, by telephone, fax or
electronic transmission;
b) A written follow -up report is forwarded to CPS 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 when available ;
b) Be familiar with forensic interview techniques specific to child abuse investigations ;
c) Present a pplicable 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 ;
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 ;
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
1 01/24/2011