Monday, January 7, 2008

PROCEDURES

Policy:
1160
Effective:
11/28/06
Procedure:
1160.04
Replaces:
1160.04
Chapter:
Inspections and Investigations
Dated:
09/08/05
Rule:
Child Abuse Investigation Protocol






Purpose:
Arizona Department of Juvenile Corrections (ADJC) Inspections and Investigations Division (IID) has established a protocol for responding to and investigating an incident of physical and sexual abuse involving an ADJC juvenile in accordance with ARS §13-3620. This protocol shall determine whether a crime has been committed and whether to bring to light those facts and circumstances necessary to hold the perpetrator(s) accountable for their criminal activity through the County Attorney’s Office.
Rules:
1. In addition to statutory requirements and case law the ADJC CRIMINAL INVESTIGATIONS UNIT of the INSPECTIONS AND INVESTIGATIONS DIVISION (IID) shall be concerned with the following during an investigation:
a. ADJC CRIMINAL INVESTIGATIONS shall:
i. Be cognizant of the needs of the victim;
ii. Be cognizant of the responsibilities of other organizations involved in the treatment, the support, and the recovery of the victim;
iii. Coordinate efforts with Child Protective Services (CPS) when needed; and
iv. Coordinate efforts with the prosecuting agency during an investigation.
b. The Investigations supervisor shall determine whether or not a criminal investigative response will be initiated.
2. Sexual Abuse/Child Abuse Investigations outside of ADJC’s jurisdiction.
a. ADJC CRIMINAL special INVESTIGATORS shall:
i. Establish and maintain a close working relationship with CPS and the Pima and Maricopa County Attorney's Office;
ii. Document their actions and coordinate with the appropriate jurisdiction;
iii. Obtain sufficient information about the allegation to identify the agency that has jurisdiction without conducting a formal interview; and
iv. Cross report to local law enforcement jurisdiction and to CPS.
3. Sexual Abuse Investigations within the ADJC jurisdiction.
a. ADJC CRIMINAL SPECIAL INVESTIGATORS shall:
i. Interview the reporting source to determine the circumstances of disclosure;
ii. Arrange for an interview of the victim;
iii. Interview the victim;
(1) The interview shall be recorded and should take place at Central Office IID Interview Room or at an Advocacy Center;
(2) The interview will be conducted by a trained Investigator.
iv. Eliminate unnecessary or multiple interviews of the child victim;
v. Arrange for a medical examination at an Advocacy Center, if necessary;
vi. Conduct crime scene(s) investigation and process the evidence;
vii. Interview witnesses;
viii. Obtain a copy of the medical examination report and interview medical personnel;
ix. Conduct investigative research on:
(1) Prior convictions of the suspect;
(2) Prior police reports involving the suspect, victim(s), or witness(es);
(3) Prior unreported allegations involving the suspect, victim(s) or witness(es); and current and prior CPS reports.
b. ADJC CRIMINAL SPECIAL INVESTIGATOR'S INTERVIEW shall include:
i. Determination of the need to arrest the suspect based on:
(1) The risk of flight to avoid prosecution;
(2) The danger to the community.
ii. Any other necessary investigations being conducted.
c. ADJC CRIMINAL SPECIAL INVESTIGATOR'S CASE PRESENTATION shall be processed in a timely manner and include:
i. A complete copy of the ADJC investigations report;
ii. Copy and/or transcripts of the audiotapes;
iii. Video-tapes;
iv. Documentation of any physical injury to the victim with digital or 35 mm photographs;
v. Photographs:
(1) Which depict the victim's entire body and face, not just the external manifestations of abuse;
(2) Which include ruler and color bar where possible;
vi. Additional follow-up photographs which were taken;
vii. Medical records of the victim that pertain to the allegation;
viii. CPS files on the victim and family; and
ix. Prior relevant police reports and any other information obtained during the investigation.
d. ADJC CRIMINAL SPECIAL INVESTIGATOR'S CASE FILE shall include:
i. A copy of all non-privileged information from the CPS investigation;
ii. The CPS case file; and
iii. Any relevant, non-privileged, non-duplicative information concerning the victim or witnesses from the Attorney General Office's file pertaining to the dependency, severance, or related investigation or action.
4. Child Physical Abuse and/or Neglect Investigations.
a. ADJC CRIMINAL SPECIAL INVESTIGATORS shall establish the following:
i. Physical abuse;
ii. Neglect; and
iii. Jurisdiction.
b. The ADJC CRIMINAL SPECIAL INVESTIGATOR shall:
i. Following determination that a crime has been committed:
(1) Assess the need for scene preservation and/or evidence collection;
(2) Assess the need for a medical exam;
(3) Obtain a search warrant or consent form, if necessary, when the victim or suspect gives information regarding a weapon, instrument, or mechanism of the injury;
(4) Document any physical injury to the victim with digital or 35 mm photographs;
(a) Photographs should depict the victim's entire body and face, not just the external manifestations of abuse;
(b) Photographs should include ruler and color bar where possible;
(c) Additional follow-up photographs shall be taken as needed.
(5) Obtain any relevant medical records on the victim and interview appropriate medical personnel; and
(6) Assess the risk of flight to avoid prosecution and determine if the suspect should be arrested in light of all the information obtained.
5. The ADJC CRIMINAL SPECIAL INVESTIGATOR shall notify the On-Call Deputy County Attorney for physical abuse cases and all cases where the victim is admitted to a hospital or dies as a result of suspected child abuse.
a. The Investigator may obtain an initial statement from the qualified physician (not the intern or resident on duty) regarding:
i. Time frames;
ii. Mechanisms of injury;
iii. Symptoms the victim would be expected to show, given the injury sustained;
iv. Interviews conducted with suspects and witnesses, including specialized physicians (e.g., neurosurgeons, pediatric radiologists, etc.).
6. CASE FILE shall include the following:
a. A complete copy of the Police report;
b. Copy and/or transcripts of the audiotapes;
c. Videotapes;
d. Photographs;
e. Medical records of the child;
f. Child Protective Services files on the victim and family;
g. Prior relevant Police reports and any other information obtained during the investigation;
h. A copy of all non-privileged information from the CPS investigation, including the CPS case file; and
i. Relevant information concerning the victim or witnesses from the Attorney General Office's file:
i. Non-privileged;
ii. Non-duplicative;
iii. Pertaining to the dependency;
iv. Severance;
v. Related investigations;
vi. Actions concerning the victim or witnesses.
7. Case Presentation. All requested information shall be presented to the Deputy County Attorney 24 hours prior to a Grand Jury or Preliminary Hearing:
a. If the case goes to a Grand Jury, the assigned ADJC Criminal Investigator should present the case;
b. If the case goes to a Preliminary Hearing, the assigned ADJC Criminal Investigator shall attend when subpoenaed.
8. The Investigations Supervisor shall assign an ADJC Criminal Special Investigator when a post-filing further is requested and the suspect is in custody.
9. If the Deputy County Attorney refers the case back to ADJC for further investigation:
a. The Investigations Supervisor shall return the case to the original ADJC Criminal Investigator, when possible;
b. The ADJC investigator shall obtain the requested information as soon as possible.
10. ADJC Criminal Special Investigators Training.
a. ADJC special Investigators shall participate in continuing training regarding the investigation of the neglect, physical, and sexual abuse of children, which shall include but not be limited to an 8-hour and 40-hour Forensic Interview School;
b. ADJC CRIMINAL SPECIAL INVESTIGATORS responsible for continuing an investigation beyond first responders of child abuse/neglect shall receive the following or equivalent training:
i. Child physical abuse investigations and medical aspects;
ii. The investigation of sexual crimes against children;
iii. Forensic Interviewing – the basic 8-hour course.
c. ADJC CRIMINAL SPECIAL INVESTIGATORs tasked with conducting an interview of a child for the purpose of obtaining evidence/statements for use in judicial hearings/trials should have the following training and meet the standards required:
i. A 40-hour training in advanced forensic interviewing; and
ii. The Children’s Justice Task Force Advanced Forensic Interview training; or
iii. Any equivalent courses that adhere to the same standards.
Date:
Approved by Process Owner:
Review Date:
Reviewed By:
11/27/2006
John Dempsey