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HomeMy WebLinkAbout42R- Child Abuse 2019 Policy & Procedure Page 1 of 9 Lexington Police Department Subject: Child Abuse Policy Number: 42R Accreditation Standards: Reference: Effective Date: 11/1/10  New  Revised Revision Dates: 1/24/19 By Order of: Mark J. Corr, Chief of Police GENERAL CONSIDERATIONS AND GUIDELINES The purpose of this policy is to provide officers with guidelines for recognizing instances and accepting reports of child abuse and neglect and coordinating the investigation of such cases with appropriate child protective service agencies and the Middlesex District Attorney’s Office. The Lexington Police Department shares a responsibility with social services in seeing that children do not become the targets of adult violence and parental neglect. Routine sharing of information by these agencies in a strategic manner, where permissible and appropriate, can often prevent child abuse or neglect from taking place. It is the policy of the Lexington Police Department that:  Reports of child abuse and neglect shall be thoroughly investigated in accordance with this policy; and  Appropriate measures shall be taken, consistent with state law, which will best protect the interests of the child. PROCEDURES A. Definitions 1. Abandonment: Leaving a child alone or in the care of another under circumstances that demonstrate an intentional abdication of parental responsibility. 2. Abuse: The non-accidental commission of any act by a caretaker upon a child under the age of eighteen (18) which causes or creates a substantial risk of physical or emotional injury, or constitutes a sexual offense under the laws of the Commonwealth, or any sexual contact between a caretaker and a child under the care of that individual. This definition is not dependent upon location (i.e., abuse can occur while the child is in an out-of-home or in-home setting).i 42R-Child Abuse Policy & Procedure Page 2 of 9 3. Caretaker: A child's: a. Parent; b. Step-parent; b. Guardian; or d. Any household member entrusted with the responsibility for a child's health or welfare; or e. Any other person entrusted with the responsibility for a child's health or welfare, whether in the child's home, a relative's home, a school setting, a day care setting (including babysitting), a foster home, a group care facility, or any other comparable setting. As such, "caretaker" includes (but is not limited to) schoolteachers, babysitters, school bus drivers, camp counselors, etc. The "caretaker" definition is meant to be construed broadly and inclusively to encompass any person who is, at the time in question, entrusted with a degree of responsibility for the child. This specifically includes a caretaker who is him/herself a child (i.e., a babysitter under age eighteen (18).ii 4. Child: A person who has not reached his/her eighteenth birthday, not including unborn children.iii 5. DCF: Department of Children and Families for the Commonwealth of Massachusetts. 6. Mandated Reporter: A person mandated by statute and/or CMR to make a report to the Department of Children and Families if the person has reasonable cause to believe that a child is suffering physical or emotional injury resulting from abuse inflicted upon him/her which causes harm or substantial risk of harm to the child’s health or welfare, including sexual abuse, or from neglect, including malnutrition, or who is determined to be physically dependent upon an addictive drug at birth. Public safety personnel are mandated reporters.iv 7. Neglect: Failure by a caretaker, either deliberately or through negligence or inability, to take those actions necessary to provide a child with minimally adequate food, clothing, shelter, medical care, supervision, emotional stability and growth, or other essential care, provided, however, that such inability is not due solely to inadequate economic resources or solely to the existence of a handicapping condition. This definition is not dependent upon location (i.e., neglect can occur while the child is in an out-of-home or in-home setting). v B. Initial Complaint 1. If a report of child abuse is reported, the Commanding Officer will be notified of the situation as soon as practical. 42R-Child Abuse Policy & Procedure Page 3 of 9 2. If available, the Detective Bureau Commander should be notified immediately; he or she may assign the Family Services Detective in order to assist with the initial investigation. C. Preliminary Investigation 1. Report of abuse; A preliminary interview will be conducted with the known reporting individual, when known, to determine the basis for the report, including the determination of such factors as: a. The physical condition of the child; b. A description of the abusive or neglectful behavior; c. Evidence of parental disabilities such as alcoholism, drug abuse, mental illness or other factors that demonstrate or suggest their inability to care for the child; d. Description of suspicious injuries or conditions; e. The nature of any statements made by the child concerning parental maltreatment; and f. Any evidence of parental indifference or inattention to the child’s physical or emotional needs. 2. Report of abuse, when the source of the report cannot be identified and/or time is not of the essence. a. An officer will investigate the allegations and document the incident. b. If there are signs of abuse or neglect, officers will enforce all criminal violations of the law. c. If there are signs of abuse or neglect, Massachusetts law requires an individual who is a mandated reporter to immediately report any allegation of serious physical or emotional injury resulting from abuse or neglect to the Department of Children and Families by: i. Immediately reporting by oral communication; and ii. Completing and sending a written report to the DCF office within 48 hours of making an oral report. d. Chapter 119, Section 51A. (a) A Police Officer or other mandated reporter who, in his or her professional capacity, has reasonable cause to believe that a child is suffering physical or emotional injury resulting from: (i) abuse inflicted upon him or her which causes harm or substantial risk of harm to the child's health or welfare, including sexual abuse; (ii) neglect, including malnutrition; or (iii) physical dependence upon an addictive drug at birth, shall immediately communicate with the department orally and, within 48 hours, shall file a written report with the department detailing the suspected abuse or neglect. Said report should contain the following information: 42R-Child Abuse Policy & Procedure Page 4 of 9 i. Names, addresses, sex and age/date of birth of the child (ren); ii. Full name, address, phone number and age of both of the parents/guardians; iii. Data about the subject making the report, if available; iv. The nature and extent of the injury, abuse, maltreatment, or neglect, including prior evidence of same; v. The circumstances under which the reporter became aware of the injuries, abuse, maltreatment or neglect; vi. Actions taken to treat, shelter, or otherwise assist the child (ren) to deal with the immediate situation; and vii. Other information that might be helpful in establishing the cause of the injury and/or the person(s) responsible. If known, provide the name(s) of the alleged perpetrator(s). e. If an officer cannot identify signs of abuse but has reason to believe the child has been abused, DCF should be notified of the complaint by following 51A-reporting procedures. 3. Caretaker Interview a. A preliminary interview of a caretaker alleged to be abusing or neglecting a child should be conducted where the abuse or neglect is taking place. b. Officers should be observant for physical signs of abuse or neglect. Such signs may include: i. Visible injuries to the child; ii. Observation of the child clothed in dirty or ragged clothing iii. Home or facility in disarray; iv. Lack of food in the home, cabinets or refrigerator; v. Signs of drug or alcohol abuse; and vi. Issues related to domestic violence. 4. Preliminary Report Findings a. Where such preliminary investigation leads the officer to believe that the report is unfounded or untrue, the officer shall note the findings in a report. b. Where reasonable suspicion exists to believe that a child is being abused or neglected: i. The officer shall file a verbal report with DCF immediately, followed by a written report within 48 hours; and ii. A coordinated investigative effort should be undertaken with DCF. c. Immediate action shall be taken by officers when: 42R-Child Abuse Policy & Procedure Page 5 of 9 i. The complaint warrants arrest or criminal prosecution; ii. Child protective personnel are not available, and time is of the essence; iii. The child is in danger, and child protective personnel cannot enter the home; iv. The suspected perpetrator may flee; v. Police presence is required to maintain order or to protect the safety of child protection officers; or vi. When the child must be taken into protective custody against parental wishes. D. Follow-up Investigation 1. Background Investigations: The following sources may provide valuable information in conducting a substantiated child abuse or neglect investigation: a. Check active or expired restraining orders or other court protective orders with regard to the child or other members of the family. b. A criminal records check to include a local and Board of Probation check should also be performed on the suspect(s). c. Check the victim’s medical records. Certain types of injuries are particularly characteristic of physical abuse and are most incriminating when they do not correlate with parental explanations of how they occurred. They include: i. “Pattern” injuries that may be linked to specific objects used in an attack, such as hot irons, coat hangers; fingertip marks caused by tight gripping; straight, curved or curvilinear or jagged lesions indicating whipping; bite marks; and scald or peculiar burn marks; ii. Injuries to specific body parts, such as the genitals, buttocks or rectum, as well as trauma to the torso, upper arms and thighs in the absence of other common injuries often suffered by children in play accidents, such as skinned knees, elbows, and forehead; iii. Signs of old injuries to various parts of the body in different stages of healing, particularly those that are not common to childhood; iv. Bone fractures of small children and related injuries that are inconsistent with the child’s level of maturity and risk of injury, such as spiral fractures (suggesting vigorous shaking), fractures to the rear and upper skull (suggesting blows to the head), subdural hematomas without scalp contusions (suggesting violent shaking with resultant head whiplash), and fractures of long bones and joints that are 42R-Child Abuse Policy & Procedure Page 6 of 9 suggestive of violent pulling, twisting or jerking of the extremities; v. A history, pattern or extent of injury that does not correlate with the alleged cause of death or means of injury; vi. Inordinate delay in seeking medical attention, evidence of administration of home remedies for relatively serious injuries, history of prior visits to different emergency rooms, frequent changes of physicians and prior diagnosis of “failure to thrive”; and vii. At autopsy, the presence of old injuries or other internal injuries that was not detectable through external examination. d. Social welfare officers may provide information on family background, employment, economic and domestic stability and previous contacts with child protective service agencies. e. School teachers may also provide some insight through records of the child’s attendance, grades, demeanor, socialization, motivation and perceived emotional stability. Several behavioral indicators are suggestive of child abuse, including: i. Recurrent injuries or complaints of parental physical mistreatment; ii. Marked changes in the child’s behavior or level of achievement; iii. Strong antagonism toward authority; iv. Exaggerated reactions to being touched; v. Withdrawal from peers, or assaultive or confrontational behavior; vi. Delinquent acts, running away from home or truancy; and vii. Refusal to dress for physical education or dressing inappropriately. f. Family members, neighbors, and other individuals who may have personal knowledge of the family situation may provide information. 2. Accused Caretaker/Family Interview a. A DCF investigator should participate in the interview with the police investigator. b. The interview should be conducted in a non-accusatory, informal, fact-finding manner, and questions should be presented in an open-ended format to allow parents or caretakers complete latitude in responding. 42R-Child Abuse Policy & Procedure Page 7 of 9 3. Interviewing Children a. If an officer suspects a situation of abuse involving a child the officer should obtain enough preliminary information to determine if abuse may have occurred. b. Officers conducting preliminary interviews with children in suspected child abuse cases should be familiar with the following special issues that arise when conducting these interviews: i. Interview settings and method should be appropriate for the age of the child. ii. Children should be interviewed separately from their parents. iii. Repeated interviews with the child should be avoided whenever possible. iv. Avoid questions that can be answered with a “yes” or “no” response. Use open-ended questions whenever possible. v. Sit with the child rather than across a table. Conduct the interview in a casual and non-threatening manner. vi. Do not lead the child or suggest answers, probe or pressure the child for answers, or express concern, shock or disbelief in response to answers. vii. Reassure the child that [s]he is not to blame and is not in trouble for what happened or for being asked questions. c. Once enough information has been obtained to confirm that an abuse situation exists a Sexual Abuse Intervention Network (SAIN) interview will be scheduled with the District Attorney. d. A SAIN interview involves a Multidisciplinary Team Interview approach and is comprised of the following: i. A Child Interview Specialist in a non-threatening setting may conduct an interview. The police investigator, DCF investigator, assistant district attorney, and other appropriate participants view the interview. ii. Participants may input questions to the interviewer to obtain a response from the child. iii. Such an interview may minimize the trauma of these sessions to the child being interviewed. iv. SAIN interviews are arranged through the Child Abuse Unit of the Middlesex District Attorney’s Office. 4. Physical Evidence: Collecting physical evidence to document abuse is very important for prosecuting these cases. In this regard, officers should be aware of the following: a. Injuries should be photographed in color. Photos taken during medical examinations may be taken by medical personnel or by a 42R-Child Abuse Policy & Procedure Page 8 of 9 same-sex officer. All injuries should be described in writing and diagrammed. b. X-rays should be taken if deemed appropriate by a medical doctor, and any that have been taken should be collected and preserved. c. Photographs of home conditions bearing on the child’s maltreatment should be taken. d. Any instruments that were used in the physical attack should be identified and preserved, as well as any clothing that bears evidence such as blood or semen stains. e. Any other items that have bearing on the abuse or neglect, such as guns, knives, drugs, poisons or related items in possession of the suspected perpetrator, should be identified and collected. f. Evidence collected shall be documented and submitted to the property and evidence function. See Department policy 83A - Collection & Preservation of Evidence. E. Removal of Children 1. Children may be removed in the case of an emergency. a. Examples of such incidents are cases of abandonment or severe abuse or neglect, where the child is in imminent danger of death or serious bodily harm, and time is of the essence. b. Parental permission should also be sought, but is not required in order to remove the child under emergency circumstances. c. The assistance of the Department of Children and Families shall be sought. 2. Police may remove children from a home in compliance with a judicial order. a. In cases where protective custody is warranted and time permits, the Department of Children and Families shall be notified and a court order for protective custody shall be sought prior to the child’s removal. b. Officers may accompany DCF workers and preserve the peace in support of a judicial order to remove children from a home. F. Contact Information 1. Child at Risk Hot Line 800-792-5200 (weeknights, weekends, Holidays) 2. Metro Regional Office (Arlington) 781-641-8500 3. Mass Department of Children and Families (Central Office) 24 Farnsworth Street Boston, MA 02210 800-792-5200 www.mass.gov/dcf 42R-Child Abuse Policy & Procedure Page 9 of 9 4. Child Abuse Unit (Middlesex District Attorney’s Office) Tel: (781) 897-8400 Fax: (781) 897-8401 After Hours: (617) 438-9150 i 110 CMR 2.00. ii 110 CMR 2.00. iii 110 CMR 2.00. iv 110 CMR 2.00; M.G.L. c. 119, §51A. v 110 CMR 2.00.