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.
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
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.
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
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
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
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.
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
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