Police Department Policy

147 CHILD OR ELDER ABUSE

Village of El Portal Police Department

Policy Text
POLICY 147.0CHILD ABUSE, NEGLECT AND ABANDONMENT REVISED: 11/2011 RELATED POLICIES: Reviewed by Chief David Magnusson 4/2019 A.POLICY It is the policy of the El Portal Police Department to investigate all reports of cases where a child is alleged to have been harmed or to be in danger of harm, child abuse, neglect and abandonment. Further, members of the El Portal Police Department shall ensure that victims of child abuse, neglect and/or abandonment are removed from any environment where continued abuse is a possibility. RESPONSIBILITY. 1.Child abuse and neglect is like no other crime to the extent that the El Portal Police Department shares the investigative responsibility with a Department of Children and Families protective investigator. 2.While dual jurisdiction is statutorily mandated, both D.C.F. and the Police Department are responsible for different investigative elements of the same crime. 3.Specific Responsibility: a.D.C.F. is primarily responsible for the safety and placement of the child and intervention services for the family; b.The Police Department is responsible for the investigation of the crime and, when appropriate, to assist with the prosecution of the offender c.Criminal investigation of a child abuse complaint is the responsibility of the responding police officer d.Handling of evidence, pictorial, physical, testimonial and all other types of evidence is the responsibility of the Police Department and shall be done with care in all cases B.NOTIFICATION OF INITIAL COMPLAINT 1.When D.C.F. notifies the Police Department of an abuse complaint, it is a request for the initiation of a police investigation of abuse or neglect, NOT a miscellaneous assist for D.C.F. The complaint will be dispatched as promptly as possible within the guidelines of the Communications S.O.P. Page 1 of 5 2.When the police are dispatched to an abuse or neglect complaint and the reporting person is someone other than D.C.F., it is the responsibility of the responding officer to notify D.C.F. via the Abuse Registry, if the abuser is an adult caretaker or family member. The telephone numbers are: (1-800-96-ABUSE) or voice mail (1-800-770-0953), which will prompt the caller for needed information. C.JOINT INVESTIGATION In all cases, whenever practical, the Police Department shall endeavor to engage in a joint investigation with D.C.F. This joint investigation is intended to reduce the trauma to the child caused by multiple interviews and to increase the chances of preserving the testimonial evidence for court. 1.INTERVIEWS – The D.C.F. protective investigator and the police officer have mutual responsibility for interviewing victims and witnesses. The initial interview need not be exhaustive, but needs to establish that an offense has occurred. Tips for interviewing: a.Be friendly and get on the child's level. b.Don't ask leading questions – ask: "what happened?" c.Remember to separate parties (mother, father, and child). d.Document what the child says as close to verbatim as possible, listing the conditions under which the statement was made. e.Don't react with anger, shock, surprise or any other emotion, which may negatively affect the statement. 2.EVIDENCE COLLECTION - The police are solely responsible for the collection of evidence. a.Documentary - names, addresses, DOB, home phone, work phone, employment or school for all victims, witnesses and suspects. b.Testimonial - all statements made by victims, witnesses and suspects. c.Pictorial - victims, suspects, scenes. d.Physical - belts, cords, switches, hairbrushes, rape kits, pornography, etc. that is pertinent to the case. 3.REMOVAL OF CHILD - The police may temporarily remove children from a dangerous environment; however they are required to turn the children over to D.C.F., who has the ultimate responsibility of placement. When the police remove a child, D.C.F. shall be advised via the Abuse Registry (1-800-96- ABUSE). Page 2 of 5 4.INFORMATION SHARING - D.C.F. and the Police Department are to share all investigative information. Officers shall ask for and obtain a copy of the D.C.F. referral. Officers shall attach it to their report, if it is available. DCF will be provided with all related Offense Reports and investigative supplements. 5.INTERVIEWS ON SCHOOL GROUNDS - Whenever possible, notify the principal of a school and the Investigative Bureau prior to arrival. When a child is interviewed, it is the decision of the CHILD, not the principal, as to whether school personnel should be included in the interview. (Very young children may feel more secure in the presence of a trusted teacher.) When a child is removed from school during school hours, the child must be signed out according to the policy of the Dade County School Board. It is the obligation of the officer removing a child from school to notify the parents of the location of the child. 6

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