LAW ENFORCEMENT JOINT INVESTIGATION PROTOCOL

The purpose of law enforcement’s response to incidents of physical and sexual abuse involving children is to determine if a crime has been committed, and, if so, to discover the facts and evidence necessary to bring the perpetrators into the Criminal Justice System. Law enforcement’s responsibility is to conduct an impartial investigation within the bounds of statutory requirements and case law, while considering the needs of the victim and the responsibilities of other organizations involved in the investigation, treatment, support and recovery of the victim and their families (if appropriate). To this end, law enforcement is required by law to coordinate their investigations with those of DCS and the prosecuting agency. This protocol applies to all allegations of criminal conduct [See Appendix L] against a minor as follows: (For purposes of this law enforcement protocol, “criminal conduct refers to incidents that require medical attention):  Physical abuse with physical injury  Medical neglect that requires medical attention  Child neglect cases where the child must be removed from the environment for safety  Child Sexual Abuse allegations  Domestic violence incidents when the child witnessed an act of violence I. SPECIALIZED INVESTIGATIVE UNITS/DESIGNEES: Investigations involving crimes against children are most effective when law enforcement agencies establish specialized units to conduct those investigations. Smaller agencies are encouraged to designate a specialist if the number of investigations does not warrant a unit. Members of these specialized units or designees will: A. Receive intensive training in the investigation of child neglect, physical and sexual abuse B. Complete the 8-hour Basic Forensic Interviewing course (or comparable training) before conducting interviews with children C. Complete the 40-hour Advanced Forensic Interviewing course (or comparable) as soon as possible after observing a variety of child interviews D. Establish and maintain a working relationship with DCS, OCWI, the Advocacy Center and members of the prosecuting agencies involved in prosecuting child abuse cases II. BASIC INVESTIGATION PROCEDURES A. Initial Response In most cases, a uniformed officer will be the first responder to reports of child abuse. It is the responsibility of this first responding officer to establish the elements listed below. If possible, the officer should obtain this information from the reporting party, interviewed away from the victim, witnesses, or others who may have information about October 2014 – Pima County Protocols for the Multidisciplinary Investigation of Child Abuse, page 14 the report. If the victim must be questioned, the officer should obtain this information using a minimum of questions and without attempting to elicit specific details, and without providing any details to the child that were received from other witnesses. (See Appendix F, Minimal Facts Interview): 1. Determine the need for immediate medical treatment or forensic examination1 - in either case, the responding officer should contact detectives immediately 2. Secure and preserve the crime scene, if applicable 3. Obtain the names and identifying information for all parties involved. (DCS information is typically filed and accessed through the child’s mother’s name) 4. Establish the elements of the crime (what does the child say and is it a crime?) 5. Determine jurisdiction: a. If within the officer’s jurisdiction- proceed with department procedure. b. If outside the officer’s jurisdiction and the child is in a safe environmentdocument the report and coordinate with the appropriate jurisdiction c. If outside the officer’s jurisdiction and the child is not safe- coordinate immediately with the appropriate jurisdiction and DCS before leaving the scene 6. Obtain information about the suspect: a. Relationship and access to child, b. Knowledge of report c. Willingness to speak to investigators d. What happened? e. Who did it? f. Where did it happen? Once this information is gathered and it is determined that a crime has been committed, officers should contact the appropriate agency and the designated Child Abuse Hotline. This should be documented in the officer’s case report and/or supplement. In cases involving allegations of physical abuse, sexual abuse, neglect, and/or failure to protect by a parent, guardian, or custodian, officers shall immediately contact the DCS Hotline to satisfy the cross-reporting section of the Mandatory Reporting Statute (A.R.S. 13-3620) and to begin the joint investigation process. Similarly, when DCS or OCWI receives reports of this nature, law enforcement agencies should expect DCS and OCWI personnel to report such allegations, regardless of the relationship between the victim and the perpetrator, via 911. DCS and OCWI investigators may contact the law enforcement child abuse unit supervisor to notify of a pending case; however, investigators should always immediately call 911 to make the cross-report and establish a law enforcement case number. In cases involving physical abuse, sexual abuse, and/or neglect perpetrated by someone other than a parent, guardian, or custodian, law enforcement will have sole investigative responsibility. In such cases, consulting with DCS and OCWI to research past family history and other relevant background information is recommended. 1 A forensic examination, including completion of a sexual assault kit should be considered within 72 hours of an incident where semen, saliva, or other biological evidence may be present. October 2014 – Pima County Protocols for the Multidisciplinary Investigation of Child Abuse, page 15 The responding detective may contact the local supervisor of the appropriate DCS unit through the 24-hour law enforcement contact number (1-877-238-4501). Upon direction of the case detective, detective supervisor or pursuant to department procedures, officers may then: 1. Interview any adult witnesses, documenting biographical information, business or school addresses, and contact information. 2. With investigator approval, interview the suspect if present and aware of the allegations. When deciding the need for an immediate arrest, consider the following: Input from the case investigator, risk of flight, suspect’s danger to the community 3. Assess the need for a search warrant and proceed under direction of the case investigator, or a supervisor. 4. Take photographs, make diagrams, etc. to document and preserve the scene. 5. Actions taken should be documented in the detective’s case report. B. General Investigation of Child Abuse: A specially trained investigator as described in “Specialized Investigative Units/ Designees” will conduct the follow-up investigation. Any information obtained through the criminal investigation will be shared with the DCS Specialist as soon as possible. 1. Victim Interviews: a. Investigators will conduct their investigation, interviews, etc. in a manner that assures the victim is only interviewed once. b. Child victims under the age of 18 years will be interviewed at the Advocacy Center by a specially trained investigator or by one of the forensic interviewers employed by the Advocacy Center whenever possible. c. This interview will be coordinated with the assigned DCS Specialist, if applicable. This means the DCS Specialist will be called before the interview is scheduled to attempt to determine a mutually available time. If this is not feasible, the recording of the interview will be shared with DCS as soon as possible. Efforts to conduct a joint investigation with DCS shall be documented in the case report/supplement. 2. Witness/Family Interviews a. When possible, child witnesses or family members under the age of 18 years will be interviewed at the Advocacy Center by a qualified interviewer. b. Anyone to whom the child has disclosed information shall be interviewed, to include the circumstances under which the child disclosed. c. Obtain biographical information, home and business addresses and other identifiers of all witnesses, victims, suspects, etc. d. Interviews not jointly conducted will be shared with the DCS and OCWI personnel as soon as possible, when appropriate. October 2014 – Pima County Protocols for the Multidisciplinary Investigation of Child Abuse, page 16 3. Medical Treatment a. Conduct recorded interviews with all medical personnel with knowledge of the case. Medical personnel will be asked about time frames, mechanisms of injury and symptoms the child would be expected to show given the injury sustained. b. Specialized medical personnel such as neurosurgeons, pediatric radiologists, etc. may also be contacted to provide expert testimony. c. Collect all forensic evidence and document the collection appropriately. d. Obtain and execute appropriate Search Warrants, including anything that corroborates the child’s account of abuse (i.e.: “there was a red and green striped sheet on the bed”, etc.). e. Facilitate and document the performance of medical exams and sexual assault kits (See Medical protocol for details concerning kits and exams). f. Take photographs of injuries, scenes, etc., remembering to take repeat photographs to document the development or healing of injuries over time. 4. Investigative Techniques: Investigators may use established investigative techniques when appropriate, including: a. Phone confrontations b. Court order for physical characteristics c. Polygraph examinations 5. Investigators shall conduct investigative research including, but not limited to: a. Prior convictions of the suspect b. Prior police reports involving the suspect, victim, witness(es) c. Prior unreported allegations involving the suspect, victim, witness(es) d. Current and prior DCS and OCWI reports e. 911 transcripts, if applicable f. Medical records (historical records from victim’s birth through the current case). In cases involving medical or nutritional neglect, get medical records for the period of time between the initial report and the provision of appropriate medical treatment to document the child’s response to receiving proper care. 6. Suspect interviews a. Suspects in criminal investigations shall be interviewed by law enforcement personnel. In the spirit of joint investigation, law enforcement will include a DCS or OCWI investigator (whichever is applicable) in all interviews for cases where a parent, custodian, or guardian is suspected of the abuse or neglect, unless extraordinary circumstances exist. All investigators will confer prior to beginning the interview to share information and develop a joint strategy that recognizes the paramount importance of child safety and the need for all partners to assess the incident in question as quickly and thoroughly as possible. This strategy will take into consideration each agency’s past history with the suspect, the setting, the seriousness of the situation in question, and address how to make sure that all statements are given voluntarily and allow all agencies to pursue the information October 2014 – Pima County Protocols for the Multidisciplinary Investigation of Child Abuse, page 17 they need for their respective roles. Joint investigation partners recognize that, during an ongoing criminal investigation, law enforcement personnel have primary responsibility for and authority over investigation and interviews, but that cooperation with and inclusion of DCS and OCWI in that process maximizes the likelihood of a good outcome for the investigation and the safety of the child. b. DCS or OCWI personnel may ask questions pertaining to their investigation, after law enforcement has concluded their questioning. c. Suspect interviews will be video recorded or, at a minimum, audio-recorded. C. Crime Specific Issues 1. Child Physical Abuse/Neglect: a. Photographs shall be taken by a crime scene unit, when possible. Some bruising may be more prominent the day after the injury occurs, take further sets of follow-up photographs to document that development. Photographs of injuries shall include a ruler and color bar. b. Homicide scenes and other scenes containing physical evidence shall immediately be secured and investigators notified. c. Interviews of caretakers should focus not only on the current injury, but also on a thorough background of the child’s health and upbringing. d. Obtain all medical records including hospital, doctor or Emergency Room visits. e. Obtain signed authorization to release medical information when possible. 2. Child Sexual Assault a. Investigators should ask the child about “grooming” behavior when interviewing the victim. b. The investigator should ask the victim about any photographs shown to the victim or taken by the suspect of the victim. c. The investigator should consider arranging for a sexual assault kit if an assault occurred within 72 hours of the report. Beyond 72 hours, the investigator should consider a medical examination to address past abuse, exposure to sexually transmitted illnesses, and other health concerns. d. The investigator should consider seeking a court order or search warrant for examination or evidence collection from a suspect when there is a chance the victim’s DNA may be present on him/her. D. Case Presentation: Cases will be presented for issuing in accordance with guidelines set forth by the prosecuting agencies. 1. If the case is not issued, the prosecuting agency shall notify the victim’s representative and DCS and OCWI. 2. If returned for follow up, the requested information shall be obtained as soon as possible. 3. The prosecuting agency shall be advised if the investigating agency closes the case. E. Notification Milestones ref: Joint Investigations: Every effort shall be made to assure open and frequent communication between law enforcement, DCS and OCWI throughout October 2014 – Pima County Protocols for the Multidisciplinary Investigation of Child Abuse, page 18 the investigation. At a minimum, the following events shall immediately (within 1 working day) be shared with DCS and OCWI: 1. Assignment of a case involving an “in-home” suspect and an investigator from DCS or OCWI is assigned. The purpose of this notification is to coordinate an interview of the victim at the Advocacy Center. 2. Interviews of family members 3. Contact with a suspect 4. Arrest of the suspect 5. Closing a case for lack of evidence 6. When an issuing appointment is made (DCS or OCWI investigator may want to provide input) 7. Outcome of issuing and grand jury.


https://www.pcao.pima.gov/documents/2014_Child_Abuse_Protocol%20Final.pdf