Case Management of Child Maltreatment Cases

1. Case Management of Child
Maltreatment Cases
Cumberland County Sheriff’s
Department
Inv. John Haynes
931-484-6176
ccsd843@officer.com

2. How are cases generated
• DCS Referral
• Officer’s report
• Walk in report
• Hospital referral
• A phone call at home

3. Who Must Report
• TCA 37-1-403, Reporting of brutality, abuse,
neglect or child sexual abuse. ANY person who
has knowledge of or is called upon to render aid
to any child who is suffering from or has
sustained any wound, injury, disability, or physical
or mental condition, SHALL report such harm
IMMEDIATELY if the harm is of such a nature as to
reasonably indicate that it has been caused by
brutality, abuse or neglect, or that, on the basis of
available information, reasonably appears to have
been caused by brutality, abuse or neglect.

4. DCS Referral
• School counselor
• Teacher
• Nurse
• Doctor
• Neighbor
• Concerned relative
• Vindictive relative
• Anyone who suspects child abuse
• Counselor, Individual or mental health

5. Officer’s Report
• Any officer on any call might observe a
situation that causes concern for the welfare
of a child. Usually these cases result in not
only a DCS referral but a call to an investigator
or some type of action taken immediately.
• Special attention is given to family disputes
and calls involving run-a-ways.

6. Walk in Report
• These are cases where a citizen responds to
the Police or Sheriff’s department and reports
what he perceives to be child abuse. Often
they will have the child with them.

7. Hospital Referral
• Medical personnel are usually quick to call.
Medical personnel will report if it is at all
questionable as to if they should call or not.
They tend to err on the side of caution. They
usually have a written protocol in place as
they know that they are mandated, by law, to
report.

8. A Phone Call At Home
• When friends, neighbors and acquaintances
know that you are police, DCS person or any
one else that works with children or the legal
system and they have your phone number,
you are fair game. You become their personal
911. You may as well get used to it, it goes
with the territory.

9. The Investigative Process
• Most crime reports can be accepted as
generally factual. If there is a report of a
burglary the responding officer usually
assumes that a crime has occurred and sets
out to locate evidence and try to determine
who is responsible and attempt to find that
person.

10. First Responder
• Was a crime committed ?
• What crime was committed ?
• NO EVIDENCE may not equal NO CRIME
• What initially looks like evidence my not be
• Don’t be afraid to call for HELP
• Call investigations
• Call DCS

11. Problems
• The victim is a child and may be very young
• The victim may not be verbal
• Many injuries can and will be explained away
• Usually there are NO witnesses
• The LOI is usually private
• The perpetrator is probably a loved one or close
friend
• Some victims don’t know they are victims
• Victims may not cooperate

12. Special Training Needs
• Recognize that a child may suffer both
psychological and physiological trauma
• Immediate attention to both is imperative
• The investigator MUST SHARE authority with
other disciplines to achieve the goal
• Welfare of the child must be more important
than prosecution

13. Investigative Role
• Law enforcement is the criminal investigative
agency and must investigate the incident
• DCS investigators are charged with the well
fare of the child and must investigate
• TCA 37-1-607 explains CPIT, Child Protective
Investigative Team
• By working together and sharing each others
resources the Team can better serve the
victim

14. CPIT
• Effective collaboration is based on mutual
understanding of the unique perspective of
each discipline. A multidisciplinary team seeks
to create a final product that retains the
integrity of each agency. By understanding
why other team members do what they do
each team member can accept the actions of
a fellow team member even if they don’t
agree with it.

15. CPIT
• On a personal note, as a police officer, and
having been one for over 30 years, I’ve had to
adjust my way of thinking when I started
working child abuse cases. Typically when an
officer works a criminal case he focuses on
building a case for prosecution. These cases
demand that the victim’s welfare be the first
consideration. Work with your DCS
counterpart

16. CPIT-Law Enforcement
• Collection and preservation of evidence
• Crime scene examination
• Interviewing witnesses and perpetrators
• Taking statements and confessions
• Obtain warrants and make arrests
• Present cases to the Grand Jury
• Present at hearings and criminal court

17. CPIT-DCS
• Greater experience interviewing children
• Assessing risk of further abuse
• Arranging for medical or psychological exams
• Provide emergency placement
• Provide foster care services
• Track case in family court
• Victim Advocates
• Provide in-home services

18. CPIT-DCS, CAC
• Forensic Interviews
• Forensic Medical Examinations
• Victim Advocacy
• Case Management, case tracking, CIPT agenda
• Court Preparation
• Counseling
• Assist with Victim Compensation Claims
• Classes, Parenting, Caregivers
• Assistance for Families & Children (clothing food)

19. CPIT-Prosecutor
• Assesses evidence as to its probative value
• Assist in drafting search warrants
• Offer guidance to specifics within the law
• Prepare witnesses and victims for court
• Prosecutes the case in court

20. The Investigative Process
• Investigators involved in child maltreatment
cases must determine if a crime has occurred.
If a crime has occurred, officers must
determine who is responsible, if any actions
on law enforcement’s part are necessary to
protect the child, and if criminal prosecution is
warranted.

21. CPIT Response
• When at all possible DCS and law enforcement
should respond together as a team
• If it is severe abuse or sex abuse the DA
should be notified as soon as practicable
• With multiple disciplines on scene the
investigation should move seamlessly from
one stage to the next

22. Monitor the Source
• Demographic information about the victim and
family
• The alleged maltreatment
• Location of incident
• Reporters relationship to victim
• Information on the child, the parents, the
caretakers and the family as a whole
• Interview all persons that the child told it to or in
front of
• Document---Document---Document

23. Source Monitor
• Find person who child first disclosed to, ask:
How did this all begin?
What was going on when___ disclosed___?
When/why/how did this topic come up?
Who brought___up? Why?
What exactly did___say about___?
What happened after___disclosed about___?

24. Source Monitor
• Repeat the same process with every person
that the child disclosed to or said something
about ______.
DOCUMENT—DOCUMENT—DOCUMENT
IF IT ISN’T DOCUMENTED, IT DIDN’T HAPPEN

25. Demographic Information
• The victim
Name, age, DOB, sex, race
Permanent address, current location
School or day care
Child’s physical and emotional state
Child’s behavior
Document---Document---Document

26. Demographic Information
• Parents and/or caretakers
Name, age, DOB, race
Permanent address, current location
Place of employment & phone numbers

27. Demographic Information
• The family composition
Names, DOB’s, sex, race and location of all
children in the family
Names, DOB’s, sex, race of other children in
offender’s care
Information about other persons living in
the home
Contact information for other source
information for the child

28. What is the Maltreatment
• Type of maltreatment
Physical abuse
Sexual abuse
Neglect
Emotional
Environmental
Drug exposed infant
Medical
Nutritional
Death

29. Severity of Maltreatment
• Extent of the injury
Burns, 1st, 2nd or 3rd degree
Bruises, old, new or both
Broken bones
• Location of the injury
Arm, leg, etc

30. Chronicity of Maltreatment
• Have there been prior incidents
• How long has the abuse been going on
• Has the abuse increased in frequency or
remained constant
• Has the abuse increased in severity
• DCS history on child and adults involved

31. Location of incident
• Actual physical address
• What is that location
Home
Playground
Woods
Daycare, etc
Bedroom, living room, etc

32. Information on Parents/Caretakers
• Emotional and physical condition
• Drug or alcohol use
• Bizarre behavior or violent outburst
• Previous contact with police, criminal history
• Have dispatch check call history
• How do they act toward children
• Any information available
• Marital conflict

33. Interview Victim
The interview must be outside the presence of the
caregiver. The interview must be age appropriate for
the victim. Document any visible injuries and
photograph with a color and measurement scale.
Establish the child’s developmental level. Have the
child explain any injuries. Who the child perceives as
his caretakers. How is he disciplined. How other
children are disciplined. How often has he been
injured. Was a weapon used, what and where is it. If
there was blood where are the clothes. Did any one
else see the incident. Who did the child tell.

34. Interview the Caretaker
The caretaker should be ask for an explanation for the
injuries. The investigator should make an assessment
to see if the injuries match the explanation given.
Remain nonjudgmental or you run the risk of
shutting them down. Show a professional, matter of
fact attitude. Attempt to gain information about
anyone who would have access to the child. If the
child was in someone else’s care find out when, date,
times and location. Try to lock in the caretaker on his
version of what happened.

35. Interview Other Children
If other children are under the care of the same
parents or caretaker they should all be
interviewed and screened for injuries. If there
are no signs of injuries they should be ask
about the injuries to the victim. These
interviews will have to be age appropriate.
These interviews should be outside the
presence of the caretaker.

36. Forensic Interview
• Depending on the children involved and the
total circumstances a forensic interview
should be considered. If you do it right the
first time, you shouldn’t have to do it again.
We have the facilities and personnel to do the
job, it’s up to you to use them.

37. Medical Examination
• If there is evidence of injury or a possible
sexual assault a medical exam should be
arranged ASAP.
• Find old injuries
• Find internal injuries
• Assess development of small children
• Ask if the history given matches the injury
• Collect and preserve evidence

38. Crime Scene
• Consent to search or a search warrant
• Weapon used, belt, hanger, etc
• Blood stained items, clothing etc
• Broken furniture, signs of conflict
• DNA trace, semen, blood, saliva etc.
• Collect evidence, you will have ONE chance,
make the most of it
• Photograph and Document

39. Perpetrator Interview
• The officer should interview the perpetrator
• This should be after as much is known as
possible about the incident
• Be professional and nonjudgmental
• Know everything you can know abut the
perpetrator before the interview
• Interviewer control the interview

40. Disclosures
• What was happening before the disclosure
• How did the child act during the disclosure
• How did the child act after the disclosure
• Document

41. No Disclosure
• What prompted the allegation
• Was there concern or suspicion
• Who was concerned
• What caused the concern
• What happened before the concern
• What happened after the concern
• Document

42. Corroborating Evidence
• It is not the job of law enforcement officers to
believe a child…It is the job of law
enforcement to listen, assess and evaluate and
then attempt to corroborate… Corroboration
is the name of the game

43. Corroborating Evidence
• Corroborating evidence is collected after the
child interview from the details disclosed in
that interview.
• The corroborating evidence investigators
collect bolsters the credibility of the child’s
statement.

44. Corroborating Evidence
• Rings of Veracity…
• The more you can prove is the truth of the
victims disclosure the more truthful the victim
appears. Look at it as ripples in a pond after a
pebble is thrown in. Each ripple represents
another layer of truth that has been verified. If
you prove enough layers of truth the victim
will be viewed as honest and truthful.

45. Corroborating Evidence
• The best, easiest and immediately obtainable
piece of corroborating evidence is a
confession.
• Physical evidence
• Witnesses
• Phone stings

46. Drug Exposed Infant
• When a child is born with drugs in its system
the fetus is not recognized under child abuse
laws so crimes against unborn children should
be charged under assault laws.
• TCA 39-13-107, Aggravated Assault, The drug
or drugs that are in the infant’s system are the
weapon used.

47. Drug Exposed Infant
• Tenn. Code Ann. § 39-13-107 (2013)
39-13-107. Fetus as victim.
(a) For the purposes of this part, "another," "individuals," and "another
person" include a human embryo or fetus at any stage of gestation in
utero, when any such term refers to the victim of any act made criminal by
this part.
(b) Nothing in this section shall be construed to amend the provisions of §
39-15-201, or §§ 39-15-203 -- 39-15-205 and 39-15-207.
(c) Nothing in subsection (a) shall apply to any act or omission by a
pregnant woman with respect to an embryo or fetus with which she is
pregnant, or to any lawful medical or surgical procedure to which a
pregnant woman consents, performed by a health care professional who is
licensed to perform such procedure.

48. Drug Exposed Infant
• The hospital notifies DCS of the “Drug Baby”
• DCS notifies law Enforcement
• Investigator responds to the hospital to
attempt an interview with the mother. Keep in
mind that if she is taking meds that alter her
thinking a confession may not be valid.
• Photograph child if possible
• Try to have mother sign a medical release for
child and mother

49. Drug Exposed Infant
• Confirm jurisdiction where mother lives. The
incident occurred where the drugs were taken
• Check to see if a Confirmatory drug screen
was requested, if not, request it on both urine
and meconium
• Meconium is the standard. Sometimes these
tests come back negative when they should
have been positive.

50. Drug Exposed Infant
• Meconium should contain drugs from the last
trimester
• Urine shows drugs that the mother has
ingested recently, usually within the last 7-14
days prior to birth
• Confirmatory test is the key to the case
• Wait at least a week to request medical
records as it takes 3-5 days to get a return on a
confirmatory test

51. Drug Exposed Infant
• Interview the mother again. You need a
statement that shows the drugs that she used
and where she was when she took them.
• Subpoena the mother’s prenatal records
• Check the mother’s history with DCS
• Check criminal history

52. Court Preparation
• Hopefully you have been in touch with the DA
• When you take the case file to the DA for Grand Jury have:
Identify the victim
Identify the suspect
Suspect’s criminal history
Witness list
DCS referral
Copies of all reports and recordings
Copies of all written statements
A synopsis of the case
Copies of all photographs

53. Court Preparation
• On Grand Jury day review the case. Be able to
tell the Grand Jury a story so they can
understand what you saw and dealt with.
• Dress and act professionally.
• Remember the Grand Jury is 12 people that
no nothing about the law nor do they have
any understanding of what you do or how you
do it.

54. Court Preparation
• Throughout the court process, stay in touch
with the DA
• Make sure that you know when the next court
date is.
• Stay in contact with the DCS, CM as you will
probably be involved in DCS court also
• Be prepared for the “Long Haul” as the wheels
of justice grind on slowly

55. Grand Jury, DA Check List
•

56. Suggested Reading
• https://www.childwelfare.gov/pubs/userman
uals/law/lawb.cfm

57. GOD DON’T MAKE NO JUNK
• Abraham Lincoln said:
• “A child is a person who is going to carry on what
you have started. He is going to sit where you are
sitting, and when you are gone; attend to those
things, which you think are important. You may
adopt all the policies you please, but how they are
carried out depends on him. He will assume control
of your cities, states and nations. He is going to move
in and take over your churches, schools, universities
and corporations. The fate of humanity is in his
hands”

58. The Starfish Thrower
• The Starfish Thrower
•
•
• An old story vividly describes a young man on a deserted stretch of beach, repeatedly moving
from the beach to the shore line, as if flowing with the wind.
• An older man taking a solitary walk viewed the young man from a distance and thought he was
dancing.
• As he grew closer, he realized that the young man was picking up starfish, one at a time, and
throwing them back into the ocean.
• As he approached, the older man told the younger one, “You can’t possibly make a difference,
there are miles and miles of beaches.
• In response, the young man picked up another starfish, moved gracefully to the shoreline, and
threw it in…..
• “Made a difference to that one.”
• The older man moved on and the young one kept on with his self appointed task.
• The rest of the day, the older man could not forget what the young one had said. The next
morning, he went to the beach again and this time joined the young starfish thrower.