SlideShare a Scribd company logo
1 of 93
Wisconsin Department of Justice
      Child Maltreatment
 Fox Valley Technical College Certification
                  Track
Crimes Against Children
 Names: battered child, child abuse, sexual
  abuse, child neglect and child maltreatment
 Each of these terms refers to either an intentional
  act or a failure to act that causes harm or the risk
  of harm to a child
***Child Abuse is About Power
 Children are taught to obey adults
 Adults are more cognitively developed than kids
   Manipulation
 Children are taught to trust adults
   Especially family, teachers, coaches, clergy..etc
****Child Abuse includes all of
the following:
 Intentional or reckless infliction of physical injury
 Sexual intercourse or a person under the age of
  16
 Sexual exploitation of a juvenile
Parental Privilege
 ***Parents right to control his or her child. State
  statue 939.45(5)
    ***Allows reasonable discipline = what a
     reasonable person believes is necessary
 Who can claim Parental Privilege
    Parent, Stepparent, or Guardian
    Any other person legally responsible for the child’s
     welfare in a residential setting
Risk to Youth
 Sixty-four percent of sexual abuse survivors are
  depressed
 Childhood victimization increases a person's risk
  to commit violent crimes as an adult, including
  sexual violence and child abuse
Statistics
 According to the National Child Abuse and Neglect
  Data System, in 2008, the more than 3.7 million
  reports received, showed 772,000 children found to
  be victims of abuse and neglect.
 71% of those children suffered from neglect, and 33%
  of the victims were less than four years of age.
 Nationally an estimated 1,740 children died of abuse
  or neglect in 2008. Of these, 80% were under age
  four, and 45% were less than one year old.
     National Clearing House on Child Abuse and Neglect
      Information; www.calib.com/nccanch
Wisconsin Stats
 In Wisconsin over 1,314,412 cases of possible
  abuse were reported in 2008, but only 5,787 were
  substantiated by the Department of Health and
  Family Services (DHFS).
 A case is substantiated when the allegation of
  maltreatment or risk of maltreatment was
  supported or founded by law or policy. A case is
  unsubstantiated when there is not sufficient
  evidence under State law to conclude or suspect
  that the child has been maltreated or is at risk of
  being maltreated.
Every crime
against a
child is a high
profile case.

     Our children are
  depending on us to solve
       their crimes.
         ©Daniel Feucht
Introduction
• Challenging...no two exactly alike
   » victims unable to talk
   » witnesses may not cooperate
   » collecting physical evidence
      »complicated process
   » offenses disclosed
      » weeks, months, years after their occurrence
   » others




      ©Daniel Feucht
Introduction
• Toughest jobs for anyone on the frontlines of
  reporting, investigating, counseling and
  prosecuting
• Can relate to our own lives
• Remember, who the real victims are
• Remain emotionally detached
   » Depending on you/us for justice


©Daniel Feucht
***First   Order of Business

 ***Primary concern for officer
     Securing   the safety of the victim
CRIME SCENE MANAGEMENT
 SEQUENTIAL PROTOCOLS

 Approach the scene        Evaluate physical
 Secure and protect           evidence
 Preliminary survey          Search
 Narrative description       Collect, record, mark, and
 Photograph/videography       preserve evidence
 Sketch the scene
                              Release of scene
 Evaluate fingerprint
                              Debriefing/critiquing
  evidence

                           ©Daniel Feucht
Crime Scene Management Sequential Protocols
            Approach the Scene
                     The Call
• Obtain 9-1-1 tape
   » listen--don’t rely on transcriptions
   » substantiate or dispute statements
• Importance of rapid response
   » care needed
   » suspect - witness present
   » alter scene
• Approach
   » look at the big picture - avoid tunnel vision
• Handle all calls as legitimate until proven otherwise


   ©Daniel Feucht
On Scene Actions
Preserve the Scene

 Make sure an officer remains at the scene
 Look for and document infant care items in home
 Diagram the scene
 Photograph the scene
 Brief a supervisor
 Check all rooms, storage areas, floors, garbage, and
  laundry (dirty laundry and any laundry in the process
  of being cleaned) for evidence
 Document anything that appears out of place
 Get a medical release form signed
On Scene Actions
Collect Evidence
   Bedding, sheets where child slept
   Baby bottles, formula and other child food (opened and
      unopened)
     Articles of clothing
     Diapers
     Wash cloths and bibs
     Child's medications, including empty bottles
At the Hospital
   ****Get information from hospital staff as to
      what they observed from family while in the
      room
   No privilege!
****Overall considerations…for
any scene…
 Photograph everything
   Injuries, scene and anything else YOU feel is
   important
 Get statements from victim (if possible),
  caregiver, witnesses or anybody else YOU feel is
  important
 Get medical records
   No HIPPA
Crime Scene Management
       Sequential Protocols
• Handle all as crime scenes until proven
  otherwise
   » victim
   » suspect
   » scene
   » hospital
• Application of these protocols will vary
  depending on the incidents
   ©Daniel Feucht
*** WI Law defines abuse as:




©Daniel Feucht
Wisconsin Mandatory Reporting
 Section 48.981(2) of the Wisconsin Statutes identifies
  specific professionals who are mandated to report
  child abuse and neglect
 ****A report is required if the reporting person has
  reason to suspect or reason to believe that a child
  seen in the course of professional duties has been
  abused, or neglected, or threatened with abuse or
  neglect, and if the person has reason to believe the
  threats will be carried out
 Every instance of child abuse or neglect must be
  reported no matter when it happened or where it
  happened
 ****However the perpetrator does not have the right to
  know who reported!
Who Needs to Report 48.981(2)
All of the following professionals are mandated reporters:
 Medical Health Professionals
 School Teachers
 Coroner
 Social Workers
 Mental Health Professionals
 Physical Therapists
 Marriage and Family Therapists
 EMTs
 Administrators of Social Service Agencies
 Child Care Workers
 Occupational Therapists
 Police
 NOT PARENTS!
Both child neglect and child abuse must be reported.
***Duty of Local Law-enforcement
48.981
 Immediately investigate if there is reason to
  believe the child’s health or safety is in immediate
  danger
 Take necessary action to protect the child
 If reason to do so, take custody of the child and
  deliver to an intake worker
 Refer the case to the DA’s office for criminal
  charges if necessary
****Time Limits for Reports/Investigations
 ***The law requires prompt reporting of any
  suspected child neglect or abuse. Within 12 hours
  (exclude Saturdays, Sundays, or holidays) of
  receiving a report, the sheriff or police department
  must refer the case to the appropriate county
  department.
 Similarly, within 12 hours of becoming aware of
  suspected or threatened abuse, the county child
  protection department must refer the case to the
  sheriff or police department
 Law enforcement and child protection services must
  coordinate the planning and execution of the
  investigation of the reported neglect or abuse
  (§48.981(3)).
***Neglect
 Most common form of abuse
 ***Examples
    Abandonment, lack of food, shelter, medical care
©Daniel Feucht
WI Neglect Stats.
 Causing Mental Harm to a Child - §
 948.04 (Felony)
  Offender had temporary or permanent control of the
   child.
  Child suffered mental harm.
  Offender caused the mental harm.
  Offender caused such harm by conduct that
   demonstrated substantial disregard for the mental
   well being of the child.
  Child was under 18 years of age.
WI Neglect Stats.
 Abandonment of a Child - § 948.20
    (Felony)
 Child was under the age of 18 years.
 Offender left child in a place where the child may have
    suffered because of neglect. (Neglect means to seriously
    endanger the health or safety of a child by failing to
    provide necessary care, food, clothing, medical or dental
    care or shelter.)
   Offender intended to leave child.
   Child was under the age of 18 years.
   Offender was responsible for the welfare of the child.
   Offender intentionally contributed to neglect of child.
    (Offender purposely contributed to neglect or was aware
    their action was practically certain to cause that result.)
WI Neglect Stats.
 Interference with Custody of a Child -
  § 948.31 (Felony)
 Child was under 18 years of age.
 Custodian had legal custody of child under a court
  order or judgment.
 Offender took away child from custodian without the
  consent of the custodian.
 Offender intentionally took child from custodian (and
  knew custodian had legal custody of child and did not
  give consent for child to be taken away).
 Offender took child with intent to deprive custodian of
  custody rights.
 

  WI Neglect Stats.
 Contributing to the Delinquency of a
 Child - § 948.40 (Felony or Misdemeanor)

 Child was under 18 years of age.
 Offender intentionally encouraged or contributed to
 the delinquency of the child. (Delinquency is any
 violation of state criminal law by a child. It is not
 required that the child actually did commit a crime.)
Developmental Characteristics
of a Child (pg. 7 and 8)

 When you are investigating possible child
  neglect, one of the things you must assess is how
  the child compares to what is normal for that age.
 Child neglect tends to slow a child’s development.
   Yet there is a range of “normal” behaviors and
  abilities for each age as well.
 Pg. 7 and 8 will help you assess a child’s stage of
  development relative to the child’s age.
Investigating Neglect
 Referrals
 “Getting In”
 Interviews
 Evidence
 Actions Before Leaving
 Prosecution
Child Neglect -
The Victim




 ©Daniel Feucht
©Daniel Feucht
Child Neglect -
The Scene
   Crime scene management protocols
   Evidence - residence
      look for controlled substances
      check for baby bottles
          curdled contents
          smell contents to see if rancid
          collect and analyze




      ©Daniel Feucht
Child Neglect -
The Scene
   Photo-documentation protocols
   Entire scene
      show what is and is not there
      refrigerator - open and closed
      cupboards - open and closed
      under beds, etc.
      garbage
      temperature
      baby bottles
      drugs
©Daniel Feucht
Child Neglect -
      The Suspect
                 Identification
                   Crime scene management protocols
                   Photo-documentation protocols
                 Collection
                    clothing
                    trace evidence
                    toxicology
                    other relevant/corroborating
                       evidentiary sources
©Daniel Feucht
Investigating Physical Abuse
 Unlike neglect, physical abuse usually involves
 some injury to the child
    Observable evidence


 Three sub-sections of §948.03 of the Wisconsin
 Statutes are most commonly applied in cases
 involving physical abuse of a child
Whenever Investigating Abuse
Safety and protection of child
  immediate medical attention
Crime scene management protocols
Photo-documentation protocols
  injuries
  views
  scale(s)
  child’s height
Three Major Offenses
   Physical Abuse of a child - § 948.03 (2) (Felony)

   Any physical injury
   Injury inflicted on a child
   Injury inflicted on child intentionally

   Reckless Causation of Bodily Harm - § 948.03 (3) (Felony)

   Any physical injury
   Injury inflicted on a child
   Reckless causation of injury

   Failing to Act to Prevent Bodily Harm - § 948.03 (4) (a) (Felony)

   Caretaker or caregiver is aware of another who is causing or intends to cause injury to a
    child
   Caretaker or caregiver is able to intervene and prevent injury to child
   Caretaker or caregiver fails to take action to prevent injury or risk of injury
©Daniel Feucht
©Daniel Feucht
Bruising
 Bruises generally result from blunt force to the skin that breaks the
  capillaries under the skin and causes discoloration of the
  overlying skin -signs of deeper injury


 Generally accepted that bruising
   Cannot be accurately dated
Soft Tissue Injuries -
The Victim
     ACCIDENTAL
                  NON-ACCIDENTAL
Other Injury Types
 Bites
 Burns dry and wet
 Fractures “callus” or healing fracture
 Facial and head Injuries
Soft Tissue Injuries -
Burns & the Scene

         Crime scene management
           protocols
         Photo-documentation
         Complete photographic and
           video record of:
            residence
            where injury occurred,
               site of trauma
                 sinks, bathtub, bathroom,
                    pots & pans, stove
            instrument used
            water heater thermostat setting
              ©Daniel Feucht
Soft Tissue Injuries -
Burns & the Scene
                 Medium       Closeup
   Overall




             ©Daniel Feucht
Soft Tissue Injuries -
      Burns & the Scene
                 Document
                   water temperature from tap
                   sketch all objects in the area
                   measure trauma site and nearby
                     objects
                       basins tub, stove, etc.


©Daniel Feucht
Soft Tissue Injuries -
      Burns & the Scene
                 Collection
                   clothing
                   instruments
                       cigarette butts, dryer,
                         burner, etc.
                   garbage
©Daniel Feucht
Shaken Baby Syndrome
 Shaken Baby Syndrome, a form of non-accidental
  head injury, is caused by the violent shaking of a
  child
 One in four infants who are shaken dies as a
  result. Of those who survive, most suffer
  permanent injuries, ranging from mild learning
  disorders and behavior changes to mental and
  developmental retardation, blindness, hearing
  loss, seizures or a permanent vegetative state
 Victims generally are children from 0 - 4 years of
  age with the majority of victims being less then 6
  months of age.
Shaken Baby Injuries
 General few symptoms
 Subdural hematoma (swelling), subarachnoid
  hemorrhage (bleeding) and diffuse axonal injury
  are types of brain injury indicative of Shaken
  Baby Syndrome.
 Retinal hemorrhage is bleeding behind the
  eyeball and is present in 70-90% of victims.
 Injury to brain tissue.
Who to INTERVIEW
 You will need to interview anyone who spent time with
    the child in the last 96 hour
   The statements must reflect the last 72 - 96 hours
    with the child
   Neighbors should also be interviewed later during a
    canvass of the area
   You should refer to the event as the "accident" and
    NEVER suggest or ask if the child was shaken.
   Develop a rapport with the caregiver and allow them
    to tell their story. Include any initial utterances,
    statements or explanations provided by caretaker in
    your report.
Questions
 Ask how compliance is obtained from the child.
 Is the child disciplined? How?
 What happens if the child cries nonstop? How do you cope?
 What are the child's developmental abilities?
 What is the child's normal schedule? How was this one different?
 Did anyone attempt to revive baby?
 Was there a change in the baby’s cry?
 Could child have struck a hard or soft object?
 If the caregiver admits to shaking the child, continue with your
  questioning and have the caregiver demonstration of the shaking and
  how the episode ended (was the child put down, thrown, dropped, etc.)
 Ask questions about the child's appearance and behavior after the
  episode ended. Document also what the caregiver did after the incident
  up until medical personnel received the child. Finally, ask the caregiver
  if anything like this has ever happened before.
Causes of Shaken Baby Syndrome
 Susceptible infant
 Susceptible caretaker
 Susceptible situation
 Triggering mechanism
Investigative Matters
 At the scene it is imperative to gather as much
  information as possible about the child and the
  last 24-48 hours of the child's care and behavior
 You must obtain and understand the medical
  information pertaining to injuries in order to
  ascertain whether or not the infant (who may be
  pulse-less non-breathing, seizing, or blue and
  barely breathing) may be a victim of child abuse
Sexual Abuse
 Sexual abuse of children is grossly
  underreported: of 775 adult survivors interviewed,
  only 20% told their parents of the abuse and 50%
  of those who reported were re-victimized.
  National Center on Child Abuse and Neglect
 Child sexual abuse cases are very difficult to
  investigate.
WI Stats
Sexual contact is defined in § 948.01(5) of the Wisconsin Statutes.
  For contact to be considered sexual, the offender must have
  acted with the intent to become sexually aroused or gratified, or
  to sexually degrade or humiliate the child. Sexual contact
  includes the following acts:

 intentional touching by the offender of the intimate parts of the
  child either directly or through the clothing. The touching can be
  done using any body part or any object, but it must be intentional
  touching.
 intentional touching of the offender by the child, if the offender
  intentionally caused or allowed the child to do that touching
 the intentional penile ejaculation of ejaculate or intentional
  emission of urine or feces by the defendant upon any part of the
  body of the child, clothed or unclothed
Important WI Stats.
First Degree Sexual Assault of a Child - § 948.02(1) (Felony)

 Sexual intercourse or sexual contact.
 With a child under 13 years of age


Second Degree Sexual Assault of a Child - § 948.02(2) (Felony)

 Sexual intercourse or sexual contact
 With a person who is at least 13 but not yet 16 years of age


Sexual Intercourse with a Child Age 16 or Older - § 948.09 (Misdemeanor)

 Sexual intercourse
 With person who is not the defendant’s spouse and who is at least 16 but not yet
  18 years of age
Important WI Stats.
Repeated Acts of Sexual Assault of a Child - § 948.025 (Felony)
 Offender committed at least three sexual assaults of a child.
 Child was under the age of 16 at the time of each act of sexual intercourse or sexual
  contact.
 At least three of the assaults took place within a specified period of time.


Sexual Assault of a Student by a School Instructional Staff Person -
 § 948.095 (Felony)
 Sexual contact or s
   sexual intercourse
 with person who is not the defendant’s spouse and who is at least 16 but not 18 years of
   age
 Child is enrolled as a student in school or school district
 Defendant is member of school staff of school or district in which child is a student


Incest with a Child - § 948.06 (Felony)
 Marriage, or sexual intercourse or sexual contact with a child the defendant knows is related
   by blood or adoption and relation is closer than 2nd cousin
Important WI Stats.
Child Enticement - §948.07 (Felony)

 Offender caused child to go into a vehicle, building, room or secluded place
 With the intent to have sexual intercourse, sexual contact, have child engage in
  prostitution, expose a sex organ or cause child to expose sex organ, record the
  child engaging in sexually explicit conduct, cause bodily or mental harm to the
  child, or giving or selling a controlled substance to a child
 Child was under the age of 18


Use of A Computer To Facilitate A Child Sex Crime - § 948.075 (Felony)

 Offender used a computerized communication system to communicate with an
  individual.
 Offender believed individual was under 16 years of age.
 Offender had intent to have sexual contact or intercourse with the individual.
 Offender did an act, in addition to using computerized communication system, to
  carry out the intent to have sexual contact or intercourse.
Important WI Stats.
Exposing Genitals or Pubic Area - § 948.10 (Misdemeanor)

 Offender causes a child to expose genitals or pubic area
 Offender exposes genitals or pubic area to a child
 Purpose is for sexual arousal or sexual gratification


 Causing a Child to View or Listen to Sexual Activity - § 948.055
  (Felony)

 Offender intentionally causes a child to view or listen to actual or
  simulated sexually explicit conduct, including sexual intercourse,
  bestiality, masturbation, sexual sadism or sexual masochistic abuse,
  including flagellation, torture or bondage, or lewd exhibition of intimate
  parts.
 With the intent of sexually arousing or gratifying the offender, or
  humiliating or degrading the child
Important WI Stats.
Sexual Intercourse with a Child Age 16 or Older - § 948.09 (Misdemeanor)
 Offender had sexual intercourse with a child, not the offender's spouse.
 Child was under 18 years of age.


Exposing a Child to Harmful Material - § 948.11 (Felony)
 Offender sold, rented, exhibited, played, distributed or loaned harmful material to a child.
   (Material depicts nudity, sexually explicit conduct, sadomasochistic abuse, physical torture,
   or brutality and it is harmful to children.
 Offender had knowledge of the character and content of the material.
 Child was under 18 years of age.
 Offender knew child was under 18.


Possession of Child Pornography - § 948.12 (Felony)
 Offender possesses any undeveloped film, photographic negative, photograph, motion
  picture, videotape, or other recording.
 The recording showed a child engaged in sexually explicit conduct.
 Offender knew that the recording showed a person engaged in actual or simulated sexual
  activity.
 Offender knew person depicted is under 18 years of age.
Victims of Sexual Abuse
 Children of different ages react differently to abuse.
 Preschooler victims may show changes in their eating
  or sleeping behavior, have problems with bowel or
  bladder control, become aggressive or appear
  worried.
 School-aged victims may exhibit sexualized behaviors
  inappropriate for their age, such as fondling an adult’s
  genitalia, acting out sex play with older or younger
  children, engaging in sexual "play" while unclothed,
  masturbating in public.
 Adolescent victims may become chronic runaways, be
  brutal to younger children, show suicidal gestures or
  self-mutilation, fear certain adults or certain touches
  and be hostile or delinquent
Important to Remember
 Abusive adults have tremendous power over
 children, and use their position of power or
 authority to bribe, coerce or threaten the child to
 engage in inappropriate behaviors.
Sexual Abuse -
The Victim
   Safety and protection
      multidisciplinary team resources
      removal
   Assess medical condition and arrange for
     immediate care
      forensic medical examination
      preventive treatment for diseases
      pregnancy
      collection of biological specimens for
         evidence
      imaging examinations
***Many times…
 Sexual abuse cases offer NO physical evidence
 DO NOT
   Repeatedly question the child
   Unsubstantiate the case because it is difficult to
    prove
   Simply close it out because of the lack of evidence
 DO
   Conduct good interviews with the perpetrator,
    witnesses, caretakers, school, family…etc
   Develop PC if possible
Sexual Abuse -
      The Victim




©Daniel Feucht
Sexual Assault Kit




   ©Daniel Feucht
Sexual Abuse -
       The Scene
                 Crime scene management protocols
                   always visit the scene
                   legal issues
                   check the garbage and bathrooms
                 Photo-documentation protocols
                   show what is and is not there

©Daniel Feucht
Sexual Abuse -
The Scene
  Collection
    clothing - victim/suspect
    bedding
    trace evidence- stains, stained
       objects
    footprints, tire prints, tool marks,
       etc.
    instrument used
    souvenirs
    lures
         ©Daniel Feucht
Sexual Abuse -
The Scene
   Collection (con’t)
       sexual aids/devices
            lubricants, condoms, etc.
       drugs or alcohol
       erotica
       pornography
       computers, letters,
          journals, diaries,
          calendars
       address books
       other relevant/corroborating evidentiary
          sources
          ©Daniel Feucht
Sexual Abuse -
      The Hospital
                 Crime scene management protocols
                 Medical examination ASAP
                 Photo-documentation protocols
                    external and internal




©Daniel Feucht
Sexual Abuse -
The Hospital
       Collection
         sexual assault kit
         penile swab
         fingernail scraping
         clothing - victim and suspect
         personal hygiene items
         trace evidence
         toxicology
         other relevant/corroborating
            evidentiary sources
     ©Daniel Feucht
Sexual Abuse – The Victim
Identification
Crime scene management protocols
Photo-documentation protocols
    injuries, etc.
Collection
    sexual assault kit
         legal issues
         penile swab
    trace evidence
    fingernail scraping kit
    toxicology
    clothing
    other relevant/corroborating evidentiary sources

©Daniel Feucht
Reporters of Abuse
 The reporter is the child or adult who learned of
  the abuse from the child victim or who has
  observed child behaviors that cause suspicions of
  abuse.
 May come from a school teacher or counselor, an
  extended family member, a friend, etc.
 Determine motivation of reporter
   Revenge against other parent, divorce or custody
    issues
   Look for inconsistencies in reporter’s statement and
    attempt to corroborate the information
After the Report…
 Victim is confused and overwhelmed by the
    response
   Afraid of being separated, even from the
    perpetrator
   Feel guilty
   Motive was to get the abuse to stop, but not
    necessarily to sever the relationship with the
    offender
   Enjoy attention and affection, but want the sexual
    behaviors to stop
Offenders
 Intra-familial (member of the child’s family)
     Rules the family – strict discipline
     Family isolated from outside
     Overindulges the victim – “special relationship”
     Offender loses interest as child matures
 Preferential Child Molester
   Pedophile
   Gender and/or age preference
   Multiple victims
   Men with little or no sexual interest in people of their own
    age
   Prior arrests or investigations
   ****Have an excessive interest in children and can
    recognize a vulnerable child
What about age difference?
 Generally speaking if the age difference is 5 or
  more years, it is sexual abuse.
 Offenders are usually over the age of 13, but
  some have been as young as 10 years old.
 The younger the offender the more likely that they
  were a victim of abuse.
MO of the Child Molester
 Seduces the child
   Drugs, alcohol, gifts, attention and affection
 Seduces parents – “pillar of the community”
   Coaching sports, church leader, scout leader…etc
 Molester’s goal is to find a situation where they
  spend a night together and change clothing
 Offenders are very patient in order to gain the
  trust, and parent’s encourage time spent with the
  child
 Goal is always sexual gratification
Online
 Playground?
 Children can be at home interacting online with
  adults they believe to be children
 Pedophiles will exchange stories and photos with
  others like them
   Validates what they do
   They exchange tips and tricks
     How to avoid law enforcement as well
   They share their conquests
Substantiating the Crime
 Evidence can be difficult to locate
 Reported long after abuse took place
   Sometimes they report in adulthood


 Statute of Limitations
 3 years for misdemeanors and 6 years for
 felonies – except murder
   Special time limits for physical and sexual abuse of
   children
     26 years old – 45 years old of the victim
     Depending on the crime
Physical Evidence
 Forensic Medical Exam if the report was soon
 after the incident
   No biological evidence
   Injuries heal quickly in children
   Many times no injuries at all
 Interview victim, offender and anyone else
 connected with the child to corroborate the
 physical findings
Law Enforcement Response
 Dispatched to a home, school, hospital…etc
 Steps of investigation is dependent on the scene
 1st Step – Interview RP and witnesses
 2nd Step – Interview child, family, siblings
   CAC Interview?
 3rd Step – collect evidence based on info
 4th Step – Interrogate alleged perpetrator
   Offender will minimize what they have done
   Accuse child – “coming on to them”
   Manipulative – patience and persistence
CPS
 Investigate and protect the child
 Interview child and all family members
 Assess the child and any other family members
 for risk
   Physical safety, neglect or abuse
 CHIPS petition of the child needs protection and
 the family is unable to provide it
   Custody of the Court
   Services provided to the family
 Eventually returned to the family or long-term
 placement
Interviewing the Child Victim
 ****Do we need permission from parents to
 interview a child for the purposes of a child abuse
 investigation?
Child Interviews…see pgs 32-34
Step Wise Interview Techniques
Setting
****Do Build Rapport
Listen
Developmentally appropriate language
Support the child – not in trouble
Child’s eye level
Drawing or writing is good
Never use words that the child did not already use
****Never use leading questions
Document, Document and Document
***Recanting
 A child victim who says previous allegations of
  abuse were not the truth
 Children often recant
   Fear of retaliation
   Distrust you
   Confused or embarrassed
 Find out why
 Collect as much information and evidence as
  possible as it may be all you have for prosecution
 Pictures, video and documentation!
Missing Children
 Voluntary
 Parental Kidnapping
 Unknown Abductor/Stranger Abductor
 Unknown Missing




 ***It is not a crime if parents are unsure of the
  whereabouts of their child
Voluntary
 Escape abuse
 May be a loving home, but child leaves anyway
 Family doesn’t accept lifestyle and home is too
  much stress
 Wants to hang with friends and parents
  disapprove
 Often child returns in a few hours and parents
  should contact LE when they do
 Chronic runaways can be subject to a CHIPS
  petition; services and placement
Family Kidnapping
Divorced, separated and the non-custodial parent
  kidnaps the child
   ****First thing – Verify custody to
    validate a crime has taken place
Other family members can be offenders
   Grandparents
   Older siblings
 Taking – violate a custody order by taking child
 Keeping – violate order by not returning child
    12 hr rule
    Parent suspects abuse
 Concealment – conceal to prevent return
 Flight – transport from the State
 Intent to Deprive Indefinitely – Affect custody
  indefinitely
Unknown Abductor/Stranger and
Unknown Missing

 Unusual but extremely dangerous
 Bring resources from the State (DCI) and FBI
 Neighborhood canvass
 Evidence gathering
 Vehicle Information


 AMBER ALERT
LE Response – pg.37
 Depends on:
   Child’s age
   Mental or developmental impairment
   Medical conditions
   Indications of foul play
 Age – Younger the child more danger
 Impairment – prone to accidental injury and
  victimization
 Medical – medication need or drug and alcohol
  abuse
 Foul Play – specific info child is in danger

More Related Content

What's hot

Improving Burdens of Proof and Standards in D.C.'s Child Welfare Proceedings
Improving Burdens of Proof and Standards in D.C.'s Child Welfare ProceedingsImproving Burdens of Proof and Standards in D.C.'s Child Welfare Proceedings
Improving Burdens of Proof and Standards in D.C.'s Child Welfare ProceedingsJera Oliver
 
Victims on campus updated 9 19-2012
Victims on campus updated 9 19-2012Victims on campus updated 9 19-2012
Victims on campus updated 9 19-2012nafsaregion12
 
The Uk Legal Services Market 2008
The Uk Legal Services Market 2008The Uk Legal Services Market 2008
The Uk Legal Services Market 2008legaladvice
 
A Treacherous Journey -
A Treacherous Journey - A Treacherous Journey -
A Treacherous Journey - entrenoticias
 
Protecting children processes from referral to conference
Protecting children processes   from referral to conferenceProtecting children processes   from referral to conference
Protecting children processes from referral to conferenceNathan Loynes
 
Rights to protection
Rights to protectionRights to protection
Rights to protectionNathan Loynes
 
Defining abuse & the policy framework
Defining abuse & the policy frameworkDefining abuse & the policy framework
Defining abuse & the policy frameworkNathan Loynes
 
Confidentiality, Transparency, and Accountability: A Delicate Balance in Chil...
Confidentiality, Transparency, and Accountability: A Delicate Balance in Chil...Confidentiality, Transparency, and Accountability: A Delicate Balance in Chil...
Confidentiality, Transparency, and Accountability: A Delicate Balance in Chil...bartoncenter
 

What's hot (11)

Improving Burdens of Proof and Standards in D.C.'s Child Welfare Proceedings
Improving Burdens of Proof and Standards in D.C.'s Child Welfare ProceedingsImproving Burdens of Proof and Standards in D.C.'s Child Welfare Proceedings
Improving Burdens of Proof and Standards in D.C.'s Child Welfare Proceedings
 
Victims on campus updated 9 19-2012
Victims on campus updated 9 19-2012Victims on campus updated 9 19-2012
Victims on campus updated 9 19-2012
 
The Uk Legal Services Market 2008
The Uk Legal Services Market 2008The Uk Legal Services Market 2008
The Uk Legal Services Market 2008
 
A Treacherous Journey -
A Treacherous Journey - A Treacherous Journey -
A Treacherous Journey -
 
Significant harm
Significant harmSignificant harm
Significant harm
 
Protecting children processes from referral to conference
Protecting children processes   from referral to conferenceProtecting children processes   from referral to conference
Protecting children processes from referral to conference
 
Rights to protection
Rights to protectionRights to protection
Rights to protection
 
Defining abuse & the policy framework
Defining abuse & the policy frameworkDefining abuse & the policy framework
Defining abuse & the policy framework
 
Child Abuse Presentation
Child Abuse PresentationChild Abuse Presentation
Child Abuse Presentation
 
Child Maltreatment
Child MaltreatmentChild Maltreatment
Child Maltreatment
 
Confidentiality, Transparency, and Accountability: A Delicate Balance in Chil...
Confidentiality, Transparency, and Accountability: A Delicate Balance in Chil...Confidentiality, Transparency, and Accountability: A Delicate Balance in Chil...
Confidentiality, Transparency, and Accountability: A Delicate Balance in Chil...
 

Similar to Child Abuse Investigation and Wisconsin Law

Making a Difference: Mandate to Report, Responsibility to Prevent Child Abuse...
Making a Difference: Mandate to Report, Responsibility to Prevent Child Abuse...Making a Difference: Mandate to Report, Responsibility to Prevent Child Abuse...
Making a Difference: Mandate to Report, Responsibility to Prevent Child Abuse...Jim McKay
 
minors-child-protection-training-schedule.ppt
minors-child-protection-training-schedule.pptminors-child-protection-training-schedule.ppt
minors-child-protection-training-schedule.pptNavojitBasu2
 
Parental Kidnapping and Custody Issues Presentation
Parental Kidnapping and Custody Issues PresentationParental Kidnapping and Custody Issues Presentation
Parental Kidnapping and Custody Issues PresentationReina
 
Child protection issues
Child protection issuesChild protection issues
Child protection issuessk2461
 
Case Management of Child Maltreatment Cases
Case Management of Child Maltreatment CasesCase Management of Child Maltreatment Cases
Case Management of Child Maltreatment CasesHealth Easy Peasy
 
SOWK 602 - Wk 5 - Group 2 - Social Work Law and Ethics California Standards T...
SOWK 602 - Wk 5 - Group 2 - Social Work Law and Ethics California Standards T...SOWK 602 - Wk 5 - Group 2 - Social Work Law and Ethics California Standards T...
SOWK 602 - Wk 5 - Group 2 - Social Work Law and Ethics California Standards T...JeanetteMarco1
 
SOWK 602 - Wk 5 - Group 2 - Social Work Law and Ethics California Standards T...
SOWK 602 - Wk 5 - Group 2 - Social Work Law and Ethics California Standards T...SOWK 602 - Wk 5 - Group 2 - Social Work Law and Ethics California Standards T...
SOWK 602 - Wk 5 - Group 2 - Social Work Law and Ethics California Standards T...JeanetteMarco1
 
Chap-16_-POCSO-_-other-laws-related-to-CSA.pdf
Chap-16_-POCSO-_-other-laws-related-to-CSA.pdfChap-16_-POCSO-_-other-laws-related-to-CSA.pdf
Chap-16_-POCSO-_-other-laws-related-to-CSA.pdfrahulkaloyia12
 
Protection of Children from Sexual Offences Act, 2012 (POCSO Act) - Tasmin Ku...
Protection of Children from Sexual Offences Act, 2012 (POCSO Act) - Tasmin Ku...Protection of Children from Sexual Offences Act, 2012 (POCSO Act) - Tasmin Ku...
Protection of Children from Sexual Offences Act, 2012 (POCSO Act) - Tasmin Ku...TasminKurien
 
Mandatory reporting 2020
Mandatory reporting 2020Mandatory reporting 2020
Mandatory reporting 2020VicHaight
 
Safeguarding children sam
Safeguarding children samSafeguarding children sam
Safeguarding children samKJ2907
 
Defining Child Abuse, Neglect and AbandonmentPursuant to
Defining Child Abuse, Neglect and AbandonmentPursuant toDefining Child Abuse, Neglect and AbandonmentPursuant to
Defining Child Abuse, Neglect and AbandonmentPursuant toLinaCovington707
 
2016 08 04 CPD on DV and Child Abuse - Final
2016 08 04 CPD on DV and Child Abuse - Final2016 08 04 CPD on DV and Child Abuse - Final
2016 08 04 CPD on DV and Child Abuse - FinalAzan Marwah
 
Mandated Reporter Training
Mandated Reporter TrainingMandated Reporter Training
Mandated Reporter TrainingMikeCondardo
 
Third segment can in ok 2009 for otac
Third segment can in ok 2009 for otacThird segment can in ok 2009 for otac
Third segment can in ok 2009 for otacCCFInorman
 
The Juvenile Justice System-Generic
The Juvenile Justice System-GenericThe Juvenile Justice System-Generic
The Juvenile Justice System-GenericCurtis Nelson
 
Mandatory Reporting in PA
Mandatory Reporting in PAMandatory Reporting in PA
Mandatory Reporting in PAjpl17
 
Mandate to Report, Responsibility to Prevent Child Abuse and Neglect
Mandate to Report, Responsibility to Prevent Child Abuse and NeglectMandate to Report, Responsibility to Prevent Child Abuse and Neglect
Mandate to Report, Responsibility to Prevent Child Abuse and NeglectJim McKay
 
Sex crime against children
Sex crime against childrenSex crime against children
Sex crime against childrenNilendra Kumar
 

Similar to Child Abuse Investigation and Wisconsin Law (20)

Making a Difference: Mandate to Report, Responsibility to Prevent Child Abuse...
Making a Difference: Mandate to Report, Responsibility to Prevent Child Abuse...Making a Difference: Mandate to Report, Responsibility to Prevent Child Abuse...
Making a Difference: Mandate to Report, Responsibility to Prevent Child Abuse...
 
minors-child-protection-training-schedule.ppt
minors-child-protection-training-schedule.pptminors-child-protection-training-schedule.ppt
minors-child-protection-training-schedule.ppt
 
Parental Kidnapping and Custody Issues Presentation
Parental Kidnapping and Custody Issues PresentationParental Kidnapping and Custody Issues Presentation
Parental Kidnapping and Custody Issues Presentation
 
Child protection issues
Child protection issuesChild protection issues
Child protection issues
 
Case Management of Child Maltreatment Cases
Case Management of Child Maltreatment CasesCase Management of Child Maltreatment Cases
Case Management of Child Maltreatment Cases
 
SOWK 602 - Wk 5 - Group 2 - Social Work Law and Ethics California Standards T...
SOWK 602 - Wk 5 - Group 2 - Social Work Law and Ethics California Standards T...SOWK 602 - Wk 5 - Group 2 - Social Work Law and Ethics California Standards T...
SOWK 602 - Wk 5 - Group 2 - Social Work Law and Ethics California Standards T...
 
SOWK 602 - Wk 5 - Group 2 - Social Work Law and Ethics California Standards T...
SOWK 602 - Wk 5 - Group 2 - Social Work Law and Ethics California Standards T...SOWK 602 - Wk 5 - Group 2 - Social Work Law and Ethics California Standards T...
SOWK 602 - Wk 5 - Group 2 - Social Work Law and Ethics California Standards T...
 
Chap-16_-POCSO-_-other-laws-related-to-CSA.pdf
Chap-16_-POCSO-_-other-laws-related-to-CSA.pdfChap-16_-POCSO-_-other-laws-related-to-CSA.pdf
Chap-16_-POCSO-_-other-laws-related-to-CSA.pdf
 
Protection of Children from Sexual Offences Act, 2012 (POCSO Act) - Tasmin Ku...
Protection of Children from Sexual Offences Act, 2012 (POCSO Act) - Tasmin Ku...Protection of Children from Sexual Offences Act, 2012 (POCSO Act) - Tasmin Ku...
Protection of Children from Sexual Offences Act, 2012 (POCSO Act) - Tasmin Ku...
 
Mandatory reporting 2020
Mandatory reporting 2020Mandatory reporting 2020
Mandatory reporting 2020
 
Safeguarding children sam
Safeguarding children samSafeguarding children sam
Safeguarding children sam
 
Defining Child Abuse, Neglect and AbandonmentPursuant to
Defining Child Abuse, Neglect and AbandonmentPursuant toDefining Child Abuse, Neglect and AbandonmentPursuant to
Defining Child Abuse, Neglect and AbandonmentPursuant to
 
Child abuse.pdf
Child abuse.pdfChild abuse.pdf
Child abuse.pdf
 
2016 08 04 CPD on DV and Child Abuse - Final
2016 08 04 CPD on DV and Child Abuse - Final2016 08 04 CPD on DV and Child Abuse - Final
2016 08 04 CPD on DV and Child Abuse - Final
 
Mandated Reporter Training
Mandated Reporter TrainingMandated Reporter Training
Mandated Reporter Training
 
Third segment can in ok 2009 for otac
Third segment can in ok 2009 for otacThird segment can in ok 2009 for otac
Third segment can in ok 2009 for otac
 
The Juvenile Justice System-Generic
The Juvenile Justice System-GenericThe Juvenile Justice System-Generic
The Juvenile Justice System-Generic
 
Mandatory Reporting in PA
Mandatory Reporting in PAMandatory Reporting in PA
Mandatory Reporting in PA
 
Mandate to Report, Responsibility to Prevent Child Abuse and Neglect
Mandate to Report, Responsibility to Prevent Child Abuse and NeglectMandate to Report, Responsibility to Prevent Child Abuse and Neglect
Mandate to Report, Responsibility to Prevent Child Abuse and Neglect
 
Sex crime against children
Sex crime against childrenSex crime against children
Sex crime against children
 

Child Abuse Investigation and Wisconsin Law

  • 1. Wisconsin Department of Justice Child Maltreatment Fox Valley Technical College Certification Track
  • 2. Crimes Against Children  Names: battered child, child abuse, sexual abuse, child neglect and child maltreatment  Each of these terms refers to either an intentional act or a failure to act that causes harm or the risk of harm to a child
  • 3. ***Child Abuse is About Power  Children are taught to obey adults  Adults are more cognitively developed than kids  Manipulation  Children are taught to trust adults  Especially family, teachers, coaches, clergy..etc
  • 4. ****Child Abuse includes all of the following:  Intentional or reckless infliction of physical injury  Sexual intercourse or a person under the age of 16  Sexual exploitation of a juvenile
  • 5. Parental Privilege  ***Parents right to control his or her child. State statue 939.45(5)  ***Allows reasonable discipline = what a reasonable person believes is necessary  Who can claim Parental Privilege  Parent, Stepparent, or Guardian  Any other person legally responsible for the child’s welfare in a residential setting
  • 6. Risk to Youth  Sixty-four percent of sexual abuse survivors are depressed  Childhood victimization increases a person's risk to commit violent crimes as an adult, including sexual violence and child abuse
  • 7. Statistics  According to the National Child Abuse and Neglect Data System, in 2008, the more than 3.7 million reports received, showed 772,000 children found to be victims of abuse and neglect.  71% of those children suffered from neglect, and 33% of the victims were less than four years of age.  Nationally an estimated 1,740 children died of abuse or neglect in 2008. Of these, 80% were under age four, and 45% were less than one year old.  National Clearing House on Child Abuse and Neglect Information; www.calib.com/nccanch
  • 8. Wisconsin Stats  In Wisconsin over 1,314,412 cases of possible abuse were reported in 2008, but only 5,787 were substantiated by the Department of Health and Family Services (DHFS).  A case is substantiated when the allegation of maltreatment or risk of maltreatment was supported or founded by law or policy. A case is unsubstantiated when there is not sufficient evidence under State law to conclude or suspect that the child has been maltreated or is at risk of being maltreated.
  • 9. Every crime against a child is a high profile case. Our children are depending on us to solve their crimes. ©Daniel Feucht
  • 10. Introduction • Challenging...no two exactly alike » victims unable to talk » witnesses may not cooperate » collecting physical evidence »complicated process » offenses disclosed » weeks, months, years after their occurrence » others ©Daniel Feucht
  • 11. Introduction • Toughest jobs for anyone on the frontlines of reporting, investigating, counseling and prosecuting • Can relate to our own lives • Remember, who the real victims are • Remain emotionally detached » Depending on you/us for justice ©Daniel Feucht
  • 12. ***First Order of Business  ***Primary concern for officer  Securing the safety of the victim
  • 13. CRIME SCENE MANAGEMENT SEQUENTIAL PROTOCOLS  Approach the scene  Evaluate physical  Secure and protect evidence  Preliminary survey  Search  Narrative description  Collect, record, mark, and  Photograph/videography preserve evidence  Sketch the scene  Release of scene  Evaluate fingerprint  Debriefing/critiquing evidence ©Daniel Feucht
  • 14. Crime Scene Management Sequential Protocols Approach the Scene The Call • Obtain 9-1-1 tape » listen--don’t rely on transcriptions » substantiate or dispute statements • Importance of rapid response » care needed » suspect - witness present » alter scene • Approach » look at the big picture - avoid tunnel vision • Handle all calls as legitimate until proven otherwise ©Daniel Feucht
  • 15. On Scene Actions Preserve the Scene  Make sure an officer remains at the scene  Look for and document infant care items in home  Diagram the scene  Photograph the scene  Brief a supervisor  Check all rooms, storage areas, floors, garbage, and laundry (dirty laundry and any laundry in the process of being cleaned) for evidence  Document anything that appears out of place  Get a medical release form signed
  • 16. On Scene Actions Collect Evidence  Bedding, sheets where child slept  Baby bottles, formula and other child food (opened and unopened)  Articles of clothing  Diapers  Wash cloths and bibs  Child's medications, including empty bottles At the Hospital  ****Get information from hospital staff as to what they observed from family while in the room  No privilege!
  • 17. ****Overall considerations…for any scene…  Photograph everything  Injuries, scene and anything else YOU feel is important  Get statements from victim (if possible), caregiver, witnesses or anybody else YOU feel is important  Get medical records  No HIPPA
  • 18. Crime Scene Management Sequential Protocols • Handle all as crime scenes until proven otherwise » victim » suspect » scene » hospital • Application of these protocols will vary depending on the incidents ©Daniel Feucht
  • 19. *** WI Law defines abuse as: ©Daniel Feucht
  • 20. Wisconsin Mandatory Reporting  Section 48.981(2) of the Wisconsin Statutes identifies specific professionals who are mandated to report child abuse and neglect  ****A report is required if the reporting person has reason to suspect or reason to believe that a child seen in the course of professional duties has been abused, or neglected, or threatened with abuse or neglect, and if the person has reason to believe the threats will be carried out  Every instance of child abuse or neglect must be reported no matter when it happened or where it happened  ****However the perpetrator does not have the right to know who reported!
  • 21. Who Needs to Report 48.981(2) All of the following professionals are mandated reporters:  Medical Health Professionals  School Teachers  Coroner  Social Workers  Mental Health Professionals  Physical Therapists  Marriage and Family Therapists  EMTs  Administrators of Social Service Agencies  Child Care Workers  Occupational Therapists  Police  NOT PARENTS! Both child neglect and child abuse must be reported.
  • 22. ***Duty of Local Law-enforcement 48.981  Immediately investigate if there is reason to believe the child’s health or safety is in immediate danger  Take necessary action to protect the child  If reason to do so, take custody of the child and deliver to an intake worker  Refer the case to the DA’s office for criminal charges if necessary
  • 23. ****Time Limits for Reports/Investigations  ***The law requires prompt reporting of any suspected child neglect or abuse. Within 12 hours (exclude Saturdays, Sundays, or holidays) of receiving a report, the sheriff or police department must refer the case to the appropriate county department.  Similarly, within 12 hours of becoming aware of suspected or threatened abuse, the county child protection department must refer the case to the sheriff or police department  Law enforcement and child protection services must coordinate the planning and execution of the investigation of the reported neglect or abuse (§48.981(3)).
  • 24. ***Neglect  Most common form of abuse  ***Examples  Abandonment, lack of food, shelter, medical care
  • 26. WI Neglect Stats.  Causing Mental Harm to a Child - § 948.04 (Felony)  Offender had temporary or permanent control of the child.  Child suffered mental harm.  Offender caused the mental harm.  Offender caused such harm by conduct that demonstrated substantial disregard for the mental well being of the child.  Child was under 18 years of age.
  • 27. WI Neglect Stats.  Abandonment of a Child - § 948.20 (Felony)  Child was under the age of 18 years.  Offender left child in a place where the child may have suffered because of neglect. (Neglect means to seriously endanger the health or safety of a child by failing to provide necessary care, food, clothing, medical or dental care or shelter.)  Offender intended to leave child.  Child was under the age of 18 years.  Offender was responsible for the welfare of the child.  Offender intentionally contributed to neglect of child. (Offender purposely contributed to neglect or was aware their action was practically certain to cause that result.)
  • 28. WI Neglect Stats.  Interference with Custody of a Child - § 948.31 (Felony)  Child was under 18 years of age.  Custodian had legal custody of child under a court order or judgment.  Offender took away child from custodian without the consent of the custodian.  Offender intentionally took child from custodian (and knew custodian had legal custody of child and did not give consent for child to be taken away).  Offender took child with intent to deprive custodian of custody rights.
  • 29.   WI Neglect Stats.  Contributing to the Delinquency of a Child - § 948.40 (Felony or Misdemeanor)  Child was under 18 years of age.  Offender intentionally encouraged or contributed to the delinquency of the child. (Delinquency is any violation of state criminal law by a child. It is not required that the child actually did commit a crime.)
  • 30. Developmental Characteristics of a Child (pg. 7 and 8)  When you are investigating possible child neglect, one of the things you must assess is how the child compares to what is normal for that age.  Child neglect tends to slow a child’s development. Yet there is a range of “normal” behaviors and abilities for each age as well.  Pg. 7 and 8 will help you assess a child’s stage of development relative to the child’s age.
  • 31. Investigating Neglect  Referrals  “Getting In”  Interviews  Evidence  Actions Before Leaving  Prosecution
  • 32. Child Neglect - The Victim ©Daniel Feucht
  • 34. Child Neglect - The Scene Crime scene management protocols Evidence - residence look for controlled substances check for baby bottles curdled contents smell contents to see if rancid collect and analyze ©Daniel Feucht
  • 35. Child Neglect - The Scene Photo-documentation protocols Entire scene show what is and is not there refrigerator - open and closed cupboards - open and closed under beds, etc. garbage temperature baby bottles drugs
  • 37. Child Neglect - The Suspect Identification Crime scene management protocols Photo-documentation protocols Collection clothing trace evidence toxicology other relevant/corroborating evidentiary sources ©Daniel Feucht
  • 38. Investigating Physical Abuse  Unlike neglect, physical abuse usually involves some injury to the child  Observable evidence  Three sub-sections of §948.03 of the Wisconsin Statutes are most commonly applied in cases involving physical abuse of a child
  • 39. Whenever Investigating Abuse Safety and protection of child immediate medical attention Crime scene management protocols Photo-documentation protocols injuries views scale(s) child’s height
  • 40. Three Major Offenses  Physical Abuse of a child - § 948.03 (2) (Felony)   Any physical injury  Injury inflicted on a child  Injury inflicted on child intentionally   Reckless Causation of Bodily Harm - § 948.03 (3) (Felony)   Any physical injury  Injury inflicted on a child  Reckless causation of injury   Failing to Act to Prevent Bodily Harm - § 948.03 (4) (a) (Felony)   Caretaker or caregiver is aware of another who is causing or intends to cause injury to a child  Caretaker or caregiver is able to intervene and prevent injury to child  Caretaker or caregiver fails to take action to prevent injury or risk of injury
  • 41.
  • 44. Bruising  Bruises generally result from blunt force to the skin that breaks the capillaries under the skin and causes discoloration of the overlying skin -signs of deeper injury  Generally accepted that bruising Cannot be accurately dated
  • 45. Soft Tissue Injuries - The Victim ACCIDENTAL NON-ACCIDENTAL
  • 46. Other Injury Types  Bites  Burns dry and wet  Fractures “callus” or healing fracture  Facial and head Injuries
  • 47. Soft Tissue Injuries - Burns & the Scene Crime scene management protocols Photo-documentation Complete photographic and video record of: residence where injury occurred, site of trauma sinks, bathtub, bathroom, pots & pans, stove instrument used water heater thermostat setting ©Daniel Feucht
  • 48. Soft Tissue Injuries - Burns & the Scene Medium Closeup Overall ©Daniel Feucht
  • 49. Soft Tissue Injuries - Burns & the Scene Document water temperature from tap sketch all objects in the area measure trauma site and nearby objects basins tub, stove, etc. ©Daniel Feucht
  • 50. Soft Tissue Injuries - Burns & the Scene Collection clothing instruments cigarette butts, dryer, burner, etc. garbage ©Daniel Feucht
  • 51. Shaken Baby Syndrome  Shaken Baby Syndrome, a form of non-accidental head injury, is caused by the violent shaking of a child  One in four infants who are shaken dies as a result. Of those who survive, most suffer permanent injuries, ranging from mild learning disorders and behavior changes to mental and developmental retardation, blindness, hearing loss, seizures or a permanent vegetative state  Victims generally are children from 0 - 4 years of age with the majority of victims being less then 6 months of age.
  • 52. Shaken Baby Injuries  General few symptoms  Subdural hematoma (swelling), subarachnoid hemorrhage (bleeding) and diffuse axonal injury are types of brain injury indicative of Shaken Baby Syndrome.  Retinal hemorrhage is bleeding behind the eyeball and is present in 70-90% of victims.  Injury to brain tissue.
  • 53. Who to INTERVIEW  You will need to interview anyone who spent time with the child in the last 96 hour  The statements must reflect the last 72 - 96 hours with the child  Neighbors should also be interviewed later during a canvass of the area  You should refer to the event as the "accident" and NEVER suggest or ask if the child was shaken.  Develop a rapport with the caregiver and allow them to tell their story. Include any initial utterances, statements or explanations provided by caretaker in your report.
  • 54. Questions  Ask how compliance is obtained from the child.  Is the child disciplined? How?  What happens if the child cries nonstop? How do you cope?  What are the child's developmental abilities?  What is the child's normal schedule? How was this one different?  Did anyone attempt to revive baby?  Was there a change in the baby’s cry?  Could child have struck a hard or soft object?  If the caregiver admits to shaking the child, continue with your questioning and have the caregiver demonstration of the shaking and how the episode ended (was the child put down, thrown, dropped, etc.)  Ask questions about the child's appearance and behavior after the episode ended. Document also what the caregiver did after the incident up until medical personnel received the child. Finally, ask the caregiver if anything like this has ever happened before.
  • 55. Causes of Shaken Baby Syndrome  Susceptible infant  Susceptible caretaker  Susceptible situation  Triggering mechanism
  • 56. Investigative Matters  At the scene it is imperative to gather as much information as possible about the child and the last 24-48 hours of the child's care and behavior  You must obtain and understand the medical information pertaining to injuries in order to ascertain whether or not the infant (who may be pulse-less non-breathing, seizing, or blue and barely breathing) may be a victim of child abuse
  • 57. Sexual Abuse  Sexual abuse of children is grossly underreported: of 775 adult survivors interviewed, only 20% told their parents of the abuse and 50% of those who reported were re-victimized. National Center on Child Abuse and Neglect  Child sexual abuse cases are very difficult to investigate.
  • 58. WI Stats Sexual contact is defined in § 948.01(5) of the Wisconsin Statutes. For contact to be considered sexual, the offender must have acted with the intent to become sexually aroused or gratified, or to sexually degrade or humiliate the child. Sexual contact includes the following acts:  intentional touching by the offender of the intimate parts of the child either directly or through the clothing. The touching can be done using any body part or any object, but it must be intentional touching.  intentional touching of the offender by the child, if the offender intentionally caused or allowed the child to do that touching  the intentional penile ejaculation of ejaculate or intentional emission of urine or feces by the defendant upon any part of the body of the child, clothed or unclothed
  • 59. Important WI Stats. First Degree Sexual Assault of a Child - § 948.02(1) (Felony)  Sexual intercourse or sexual contact.  With a child under 13 years of age Second Degree Sexual Assault of a Child - § 948.02(2) (Felony)  Sexual intercourse or sexual contact  With a person who is at least 13 but not yet 16 years of age Sexual Intercourse with a Child Age 16 or Older - § 948.09 (Misdemeanor)  Sexual intercourse  With person who is not the defendant’s spouse and who is at least 16 but not yet 18 years of age
  • 60. Important WI Stats. Repeated Acts of Sexual Assault of a Child - § 948.025 (Felony)  Offender committed at least three sexual assaults of a child.  Child was under the age of 16 at the time of each act of sexual intercourse or sexual contact.  At least three of the assaults took place within a specified period of time. Sexual Assault of a Student by a School Instructional Staff Person -  § 948.095 (Felony)  Sexual contact or s  sexual intercourse  with person who is not the defendant’s spouse and who is at least 16 but not 18 years of age  Child is enrolled as a student in school or school district  Defendant is member of school staff of school or district in which child is a student Incest with a Child - § 948.06 (Felony)  Marriage, or sexual intercourse or sexual contact with a child the defendant knows is related by blood or adoption and relation is closer than 2nd cousin
  • 61. Important WI Stats. Child Enticement - §948.07 (Felony)  Offender caused child to go into a vehicle, building, room or secluded place  With the intent to have sexual intercourse, sexual contact, have child engage in prostitution, expose a sex organ or cause child to expose sex organ, record the child engaging in sexually explicit conduct, cause bodily or mental harm to the child, or giving or selling a controlled substance to a child  Child was under the age of 18 Use of A Computer To Facilitate A Child Sex Crime - § 948.075 (Felony)  Offender used a computerized communication system to communicate with an individual.  Offender believed individual was under 16 years of age.  Offender had intent to have sexual contact or intercourse with the individual.  Offender did an act, in addition to using computerized communication system, to carry out the intent to have sexual contact or intercourse.
  • 62. Important WI Stats. Exposing Genitals or Pubic Area - § 948.10 (Misdemeanor)  Offender causes a child to expose genitals or pubic area  Offender exposes genitals or pubic area to a child  Purpose is for sexual arousal or sexual gratification  Causing a Child to View or Listen to Sexual Activity - § 948.055 (Felony)  Offender intentionally causes a child to view or listen to actual or simulated sexually explicit conduct, including sexual intercourse, bestiality, masturbation, sexual sadism or sexual masochistic abuse, including flagellation, torture or bondage, or lewd exhibition of intimate parts.  With the intent of sexually arousing or gratifying the offender, or humiliating or degrading the child
  • 63. Important WI Stats. Sexual Intercourse with a Child Age 16 or Older - § 948.09 (Misdemeanor)  Offender had sexual intercourse with a child, not the offender's spouse.  Child was under 18 years of age. Exposing a Child to Harmful Material - § 948.11 (Felony)  Offender sold, rented, exhibited, played, distributed or loaned harmful material to a child. (Material depicts nudity, sexually explicit conduct, sadomasochistic abuse, physical torture, or brutality and it is harmful to children.  Offender had knowledge of the character and content of the material.  Child was under 18 years of age.  Offender knew child was under 18. Possession of Child Pornography - § 948.12 (Felony)  Offender possesses any undeveloped film, photographic negative, photograph, motion picture, videotape, or other recording.  The recording showed a child engaged in sexually explicit conduct.  Offender knew that the recording showed a person engaged in actual or simulated sexual activity.  Offender knew person depicted is under 18 years of age.
  • 64. Victims of Sexual Abuse  Children of different ages react differently to abuse.  Preschooler victims may show changes in their eating or sleeping behavior, have problems with bowel or bladder control, become aggressive or appear worried.  School-aged victims may exhibit sexualized behaviors inappropriate for their age, such as fondling an adult’s genitalia, acting out sex play with older or younger children, engaging in sexual "play" while unclothed, masturbating in public.  Adolescent victims may become chronic runaways, be brutal to younger children, show suicidal gestures or self-mutilation, fear certain adults or certain touches and be hostile or delinquent
  • 65. Important to Remember  Abusive adults have tremendous power over children, and use their position of power or authority to bribe, coerce or threaten the child to engage in inappropriate behaviors.
  • 66. Sexual Abuse - The Victim Safety and protection multidisciplinary team resources removal Assess medical condition and arrange for immediate care forensic medical examination preventive treatment for diseases pregnancy collection of biological specimens for evidence imaging examinations
  • 67. ***Many times…  Sexual abuse cases offer NO physical evidence  DO NOT  Repeatedly question the child  Unsubstantiate the case because it is difficult to prove  Simply close it out because of the lack of evidence  DO  Conduct good interviews with the perpetrator, witnesses, caretakers, school, family…etc  Develop PC if possible
  • 68. Sexual Abuse - The Victim ©Daniel Feucht
  • 69. Sexual Assault Kit ©Daniel Feucht
  • 70. Sexual Abuse - The Scene Crime scene management protocols always visit the scene legal issues check the garbage and bathrooms Photo-documentation protocols show what is and is not there ©Daniel Feucht
  • 71. Sexual Abuse - The Scene Collection clothing - victim/suspect bedding trace evidence- stains, stained objects footprints, tire prints, tool marks, etc. instrument used souvenirs lures ©Daniel Feucht
  • 72. Sexual Abuse - The Scene Collection (con’t) sexual aids/devices lubricants, condoms, etc. drugs or alcohol erotica pornography computers, letters, journals, diaries, calendars address books other relevant/corroborating evidentiary sources ©Daniel Feucht
  • 73. Sexual Abuse - The Hospital Crime scene management protocols Medical examination ASAP Photo-documentation protocols external and internal ©Daniel Feucht
  • 74. Sexual Abuse - The Hospital Collection sexual assault kit penile swab fingernail scraping clothing - victim and suspect personal hygiene items trace evidence toxicology other relevant/corroborating evidentiary sources ©Daniel Feucht
  • 75. Sexual Abuse – The Victim Identification Crime scene management protocols Photo-documentation protocols injuries, etc. Collection sexual assault kit legal issues penile swab trace evidence fingernail scraping kit toxicology clothing other relevant/corroborating evidentiary sources ©Daniel Feucht
  • 76. Reporters of Abuse  The reporter is the child or adult who learned of the abuse from the child victim or who has observed child behaviors that cause suspicions of abuse.  May come from a school teacher or counselor, an extended family member, a friend, etc.  Determine motivation of reporter  Revenge against other parent, divorce or custody issues  Look for inconsistencies in reporter’s statement and attempt to corroborate the information
  • 77. After the Report…  Victim is confused and overwhelmed by the response  Afraid of being separated, even from the perpetrator  Feel guilty  Motive was to get the abuse to stop, but not necessarily to sever the relationship with the offender  Enjoy attention and affection, but want the sexual behaviors to stop
  • 78. Offenders  Intra-familial (member of the child’s family)  Rules the family – strict discipline  Family isolated from outside  Overindulges the victim – “special relationship”  Offender loses interest as child matures  Preferential Child Molester  Pedophile  Gender and/or age preference  Multiple victims  Men with little or no sexual interest in people of their own age  Prior arrests or investigations  ****Have an excessive interest in children and can recognize a vulnerable child
  • 79. What about age difference?  Generally speaking if the age difference is 5 or more years, it is sexual abuse.  Offenders are usually over the age of 13, but some have been as young as 10 years old.  The younger the offender the more likely that they were a victim of abuse.
  • 80. MO of the Child Molester  Seduces the child  Drugs, alcohol, gifts, attention and affection  Seduces parents – “pillar of the community”  Coaching sports, church leader, scout leader…etc  Molester’s goal is to find a situation where they spend a night together and change clothing  Offenders are very patient in order to gain the trust, and parent’s encourage time spent with the child  Goal is always sexual gratification
  • 81. Online  Playground?  Children can be at home interacting online with adults they believe to be children  Pedophiles will exchange stories and photos with others like them  Validates what they do  They exchange tips and tricks  How to avoid law enforcement as well  They share their conquests
  • 82. Substantiating the Crime  Evidence can be difficult to locate  Reported long after abuse took place  Sometimes they report in adulthood  Statute of Limitations  3 years for misdemeanors and 6 years for felonies – except murder  Special time limits for physical and sexual abuse of children  26 years old – 45 years old of the victim  Depending on the crime
  • 83. Physical Evidence  Forensic Medical Exam if the report was soon after the incident  No biological evidence  Injuries heal quickly in children  Many times no injuries at all  Interview victim, offender and anyone else connected with the child to corroborate the physical findings
  • 84. Law Enforcement Response  Dispatched to a home, school, hospital…etc  Steps of investigation is dependent on the scene  1st Step – Interview RP and witnesses  2nd Step – Interview child, family, siblings  CAC Interview?  3rd Step – collect evidence based on info  4th Step – Interrogate alleged perpetrator  Offender will minimize what they have done  Accuse child – “coming on to them”  Manipulative – patience and persistence
  • 85. CPS  Investigate and protect the child  Interview child and all family members  Assess the child and any other family members for risk  Physical safety, neglect or abuse  CHIPS petition of the child needs protection and the family is unable to provide it  Custody of the Court  Services provided to the family  Eventually returned to the family or long-term placement
  • 86. Interviewing the Child Victim  ****Do we need permission from parents to interview a child for the purposes of a child abuse investigation?
  • 87. Child Interviews…see pgs 32-34 Step Wise Interview Techniques Setting ****Do Build Rapport Listen Developmentally appropriate language Support the child – not in trouble Child’s eye level Drawing or writing is good Never use words that the child did not already use ****Never use leading questions Document, Document and Document
  • 88. ***Recanting  A child victim who says previous allegations of abuse were not the truth  Children often recant  Fear of retaliation  Distrust you  Confused or embarrassed  Find out why  Collect as much information and evidence as possible as it may be all you have for prosecution  Pictures, video and documentation!
  • 89. Missing Children  Voluntary  Parental Kidnapping  Unknown Abductor/Stranger Abductor  Unknown Missing  ***It is not a crime if parents are unsure of the whereabouts of their child
  • 90. Voluntary  Escape abuse  May be a loving home, but child leaves anyway  Family doesn’t accept lifestyle and home is too much stress  Wants to hang with friends and parents disapprove  Often child returns in a few hours and parents should contact LE when they do  Chronic runaways can be subject to a CHIPS petition; services and placement
  • 91. Family Kidnapping Divorced, separated and the non-custodial parent kidnaps the child  ****First thing – Verify custody to validate a crime has taken place Other family members can be offenders  Grandparents  Older siblings  Taking – violate a custody order by taking child  Keeping – violate order by not returning child  12 hr rule  Parent suspects abuse  Concealment – conceal to prevent return  Flight – transport from the State  Intent to Deprive Indefinitely – Affect custody indefinitely
  • 92. Unknown Abductor/Stranger and Unknown Missing  Unusual but extremely dangerous  Bring resources from the State (DCI) and FBI  Neighborhood canvass  Evidence gathering  Vehicle Information  AMBER ALERT
  • 93. LE Response – pg.37  Depends on:  Child’s age  Mental or developmental impairment  Medical conditions  Indications of foul play  Age – Younger the child more danger  Impairment – prone to accidental injury and victimization  Medical – medication need or drug and alcohol abuse  Foul Play – specific info child is in danger