CHILD ABUSE / NEGLECT REPORTING 4.03
4.3.1 PURPOSE
- This directive establishes guidelines for reporting and investigating
cases involving child physical and/or sexual abuse and to ensure that the requirements of the Child Abuse reporting laws are met.
B. As a member agency of the Multnomah county Multdisciplinary Child Abuse Team (MDT), the Department supports the MDT’s Protocols for child abuse investigations. If any part of this General Order appears to conflict with the MDT Protocol, this General Order shall be interpreted in a manner consistent with the spirit of the MDT Protocol.
4.3.2 LAW
A. Oregon law requires immediate mandatory reports and investigations of alleged and actual abuse of children. Per ORS 419B.010, those “public or private officials” failing to do so commits a Class A violation.
4.3.3 DEFINITIONS
A. Child/Juvenile - means an unmarried person who is under 18 years of age. An emancipated juvenile will not be considered a child.
B. Child Abuse - means any or all of the following:
1. Any physical injury to a child which has been caused by other than accidental means, including any injury which appears to be at
variance with the explanation given of the injury. This includes infants affected by exposure to drugs and/or alcohol.
- Any mental injury to a child, which shall include only
observable and substantial impairment of the child’s mental or psychological ability to function caused by cruelty to the child.
3. Sexual abuse, including but not limited to rape, sodomy, sexual
abuse, incest, and unlawful sexual penetration.
4. Sexual exploitation of a child. This includes but is not limited to activities defined in ORS Chapter 163, such as contributing to the sexual delinquency of a minor, engagement of a child in various behaviors or poses for pornographic materials, and permitting or allowing a child to engage in prostitution. Access of pornographic materials involving children through the use of a computer or the mail shall be considered sexual exploitation of a child.
5. Negligent treatment or maltreatment of a child, including but not
limited to the failure to provide adequate food, clothing, shelter or
medical care.
- Threatened harm to a child, which means subjecting a child to a
substantial risk of harm to the child’s health or welfare. Threat of harm includes but is not limited to children exposed to domestic violence and children having contact with sexual offenders.
- Buying or selling a person under 18 years of age.
- Child Homicides.
- Permitting a person under 18 years of age to enter or remain in
a place where methamphetamines are being manufactured.
C. Serious Physical Injury is defined as:
1. A physical injury which creates a substantial risk of death or which causes serious and protracted disfigurement, impairment of health, or protracted loss of the functions of any bodily organ.
- Injuries such as serious head trauma, broken bones, internal
bleeding or injury, extensive bruising or lacerations, burns, poisoning, suffocation.
- Injuries caused by a deadly or dangerous weapon as defined in
ORS 161.015.
- Injuries dating within 72 hours which are diagnostic of sexual
abuse.
- Injuries that, after initial medical treatment, require a child to be
admitted to a hospital.
- Suspicious Physical Injury is defined as:
- Extensive bruising or abrasions on any part of the body;
- Bruising, swelling or abrasions on the head, neck or face;
- Fractures of any bone in a child under the age of three;
- Multiple fractures in a child of any age;
- Dislocations, soft tissue swelling or moderate to severe cuts;
- Loss of the ability to walk or move normally according to the
child’s developmental ability;
- Unconsciousness or difficulty maintaining consciousness;
- Multiple injuries of different types;
- Injuries causing serious or protracted disfigurement or loss or
impairment of the function of any bodily organ;
- Any other injury that threatens the physical well-being of a child.
- Acute Sexual Assault – Any report of sexual abuse that occurred within the prior 72 hours, or which occurred outside the prior 72 hours but of which physical symptoms (pain, injury, bleeding, discharge, etc.) still exists.
F. Family – any blood relationship, e.g., father, mother, brother, sister, cousin, uncle, aunt, grandparent, etc. Any relationship established through marriage, adoption or other legal action e.g., stepparent, former stepparent, foster parents/siblings, legal guardians, etc. Live-in boyfriends or girlfriends of parents are also included.
G. Woman officer - means any suitable female person, e.g. female
employee of the department or City, clergy, teacher, friend, neighbor, family member, etc.
H. Indian Child Welfare Act of 1978- Congressional regulations that outline the preferred placement of Indian children with their families or tribal affiliates, when they are taken into protective custody by law enforcement personnel.
I. Non-family – Any person not listed in “family,” including: neighbors, friends, teachers, other temporary custodians and strangers.
J. Cross Reporting – The Department of Human Services and law enforcement agencies are required by Oregon law, to notify each other when a report of child abuse is received.
4.3.4 PROCEDURE
A. In order to comply with the child abuse reporting laws, an officer will respond to all incidents of child abuse as dispatched.
B. Once the responding officer finds cause to believe that a child abuse related crime has occurred, or a child is abandoned or otherwise in a dangerous situation, the following steps shall be taken:
- The responding officer will immediately notify an on-duty
supervisor if any of the following conditions exist:
- Allegations of a Ballot Measure 11 offense are made.
- A child has suffered a serious or suspicious physical injury,
including injuries to sexual body parts.
- The officer takes a child into protective custody.
- The officer arrests a suspect on probable cause to believe
the suspect committed a child abuse felony. Because an immediate arrest is not always in the best interest of an investigation, efforts should be made to notify a supervisor for consultation with an assigned detective prior to making a PC arrest.
- The on duty supervisor will notify an Investigations Division
supervisor or the Child Abuse Team supervisor according to the criteria listed in section 4.3.4A8. of this procedure. If a detective is assigned, the detective will coordinate the investigation. If no detective is assigned, the responding officer will proceed as directed by the consulting detective supervisor.
- If the responding officer has cause to believe the suspect is a
flight risk and the officer believes probable cause exists for an arrest, the suspect will be taken into custody.
- If the responding officer has cause to believe the suspect is an
immediate danger to the child or community, and probable cause exists for arrest, the officer will either take the suspect into custody, or take the child into protective custody.
- After obtaining consent and/or a warrant, the officer will
Photograph and seize evidence (e.g. computers, belts, paddles, ropes, bedding, condoms, clothing, etc.) or photograph evidence not easily removed (e.g. furnace grates, stove tops, etc.). If a camera is not readily available, the officer will immediately contact a supervisor to obtain a camera, or to contact a Senior Police Technician to obtain photographs.
6. An officer who observes a child who has suffered suspicious physical injuries (see definition 4.3.3.D) will:
a. Immediately photograph the injuries; however, if the injuries are anogenital, medical personnel will fulfill the photographic requirement.
b. Digital photographs will be submitted as evidence in compliance with procedures established under G.O. 14.4 Recording/Storage of Digital Images.
c. Ensure, either personally or via immediate referral to DHS Investigations Division, or CAT, that a designated medical professional conducts a medical assessment of the child within 48 hours. Generally, CARES Northwest medical personnel can fulfill this requirement. However, in the event that CARES Northwest is unable to do so, the officer may need to make arrangements for the child to be evaluated by an emergency department or other available medical professional within the 48 hour time frame.
7. The officer shall complete the initial crime report, then immediately contact the on-duty supervisor for case referral and follow-up.
8. When notified by a responding officer of a child abuse investigation under circumstances detailed above, the on-duty supervisor shall immediately contact the Department’s Investigation Division Detective Sergeant or the Child Abuse Team (CAT) Supervisor as determined by the following criteria:
a. Child Abuse Team (CAT) Supervisor
(1) All cases involving child abuse committed by non- family perpetrators where the victim is under age; and
(2) All cases involving child abuse committed by a family member; and
(3) All child fatalities.
- Department Investigation Division Detective Sergeant
- All cases involving non-family perpetrators when the victim is 14 years of age or older; and
c. BOEC will call a CAT Supervising Detective Sergeant anytime a child 5 years of age or younger dies. The CAT Supervising Detective Sergeant will activate appropriate protocols.
B. Every attempt shall be made to ensure that a trained investigator respond to child abuse cases, however; this does not negate the responding patrol officer’s responsibility to complete the initial crime and/or special report.
C. In all cases of acute sexual abuse, the responding officer or assigned detective shall assist the victim’s non-offending guardian or DHS as appropriate by arranging for a forensic medical examination to be performed without delay. The detective or officer present shall take possession of the evidence kit and deliver it to the Gresham Police Department evidence locker, or Oregon State Police Crime Lab. Do not leave the evidence kit at the hospital.
D. In all cases of alleged child abuse, even if the allegation appears to be unfounded, the Department of Human Services (DHS) Child Abuse Hotline shall be notified prior to clearing the incident. The officer shall follow up the phone notification with a faxed copy of the written report prior to the end of the officer’s shift.
E. All reports to DHS shall, if possible, include, the name of and contact information of the person reporting the alleged abuse (if different than the responding officer), the names and addresses of the child, the names and addresses of the child’s parent or caregiver, the child’s age, the nature and extent of the abuse, any evidence of previous abuse, the explanation given for the abuse, where the abuse occurred, and identity and whereabouts of the alleged abuser.
F. Write a crime report. However, if facts present indicate that a crime has not occurred, the responding patrol officer will write a Special Report and include the available contact information of all mentioned persons for future reference. A copy of reports must be forwarded to the Investigation Division Sergeant for review and/or further investigation. All reports shall include DHS notification information, i.e. date of notification, time of notification, person notified, etc.
G. Children of Indian Heritage - In accordance with the Indian Child Welfare Act of 1978, if the child is known or suspected to be of Indian heritage, the officer must take the following additional steps:
1. Notify DHS, or the facility to which the child is taken, that the child is or may be of Indian heritage.
2. All reports of Indian children being taken into protective custody will include the following information if known.
a. Name and address of the child’s parents and/or Indian custodian,
b. Tribal affiliation,
c. Whether the child resides on a reservation.
H. Under no circumstances, even if the allegation appears to be unfounded, will a coded disposition be given in lieu of writing a report.
I. If the initial response and investigation is conducted on public school premises, the school administrator shall first be notified, unless the administrator is the subject of the investigation. At the officer’s discretion the administrator or a designated school staff member may be present to help facilitate the initial investigation.
4.3.5 INTERVIEWS SHALL BE CONDUCTED AS FOLLOWS:
A. Suspects
1. Interviews of suspects accused of committing Measure 11 child abuse related crimes shall not be conducted without first consulting with an Investigations Division or CAT supervisor or the assigned detective. Every attempt shall be made to conduct the initial suspect interview prior to the suspect being lodged. However, if possible, the interview should be conducted by the assigned detective.
a. Sexual Abuse
(1) If the suspect is cooperative and the assault occurred within 72 hours, obtain clothes, condoms and all other items the suspect may have used during the sexual assault.
(2) If the suspect does not wish to cooperate and the assault occurred within 72 hours, there may be evidentiary value in obtaining a search warrant to gather physical evidence from the suspect.
B. Victims
1. If the reporting person is not the victim, a detailed report shall be taken from the reporting person or other person who witnessed the alleged child abuse or to whom the victim disclosed abuse. No immediate interview of the child is necessary.
2. If the victim is the reporting person, the interview need not be in-depth. A general disclosure of abuse from the victim is sufficient to initiate a criminal investigation for referral to Investigations. Officers should not conduct interviews with children under age 12 unless specifically instructed to do so by an Investigations Division or CAT supervisor or the assigned investigator.
3. To reduce the number of times a victim must be interviewed, thereby, attempting to reduce the trauma to the child, interviews of the victim shall be conducted by the CAT investigator, the CARES Northwest or a specially trained Department detective when possible.
4.3.6 PROTECTIVE CUSTODY
A. Whenever possible, a decision to place a child in protective custody shall be a joint decision made by law enforcement and DHS. If a DHS worker has not jointly responded with the officer, the Child Abuse Hotline shall be consulted, when possible, when deciding whether removal is appropriate and what placement options are available. A joint determination as to whether protective custody is necessary is the best method to protect the interests of the child. However, by state rule, only a police officer may take a child into protective custody and therefore, the ultimate decision regarding protective custody is with the law enforcement officer.
B. A child shall be taken into protective custody by a police officer when:
1. The child has been the victim of sexual molestation by a family member, and that family member is still in the home, likely to return to the home, or the other members of the family are not supportive of the victim. In these cases, it is imperative that a Detective Sergeant is immediately notified of the situation.
2. The child is in imminent physical danger if not taken into protective custody.
3. Where it reasonably appears the child has run away from home. The officer taking the child into protective custody shall take the following action(s):
a. Immediately release the child to a parent or guardian unless it appears the child would not willingly stay with the parent or guardian.
b. If it appears the child will not stay with the parent or guardian, or if the parent or guardian refuses to take custody of the child, the child should be taken to an authorized facility. Authorized facilities and their locations may be obtained from the Records Section.
c. DO NOT take a run away child to JDH unless s/he has committed a crime or is a run away from another state.
C. A child may be taken into protective custody when:
1. A person having custody or control of a child under 10 years of age, with criminal negligence, leaves the child unattended in or at any place for such period of time as may be likely to endanger the health or welfare of the child. ORS 163.545 Child neglect in the second degree (Class A misdemeanor.)
2. A person having custody or control of a child under 16 years of age, knowingly leaves the child, or allows the child to stay, in a vehicle where controlled substances are being criminally delivered or manufactured for consideration or profit or on premises and in the immediate proximity where controlled substances are criminally delivered or manufactured for consideration or profit. ORS 163.547 Child neglect in the first degree (Class B felony.)
3. Where the child’s condition or surroundings reasonably appear to be such to jeopardize the child’s welfare.
4. Where a child is in need of immediate medical attention and there is no parent or guardian present to authorize care, the attending physician shall obtain Juvenile Court permission by phone before delivering medical services.
D. If a child is taken into protective custody the officer shall complete the following:
- Notify an on-duty supervisor as prescribed in section 4.3.4A1 of this
procedure.
- Notify DHS via the “Child Custody Confidential Memorandum”
(supply maintained in the Report Writing Room) which shall be faxed to the Child Abuse hotline FAX number (503) 731-3080.
3. Make reasonable efforts to notify the parents immediately, regardless of time of day. Notification may be in person or by telephone; however, written notice must also be provided as soon as possible via the “Written Notice to Parent(s) of a Child Taken Into Protective Custody” form number 4.3B (supply maintained in the Report Writing Room). Notification, both verbal and written, will include the following:
a. Child or children’s names; and
b. Reason(s) for protective custody; and
c. General information about the child/children’s placement, i.e. placed in hospital, safe home, JDH, etc. Specific information such as the address of the placement should not be provided.
d. 24-hour telephone number of DHS (503) 731-3100.
If parents are not present, the written notification shall be submitted to
the Records Section for mailing.
3. By the end of shift, officers shall fax copies of all reports to Juvenile Court for preliminary hearing, which will be held the following day.
a. Intake Fax number – (503) 988-3140
b. D.A. Fax number –(503) 988-3218
Carla C. Piluso
Chief of Police
***BACK PAGE***