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HomeMy WebLinkAboutLAW ENFORCEMENT, SOCIAL SERVICES, DISTRICT ATTORNEY, CHILD ABUSE SERVICES TEAM (CAST)INSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK DATE: 0'. PD u) (.WQW4e) f* LAW ENFORCEMENT PROTOCOL CHILD SEXUAL ABUSE CASES OPERATIONAL AGREEMENT N-2023-227 I.PURPOSE N O 1 To implement interagency protocols between Law Enforcement, Social Services, District Attorney, Cl) Child Abuse Services Team (CAST), and victim services providers for use in cases involving n allegations of child sexual abuse. The protocols will clarify the role of each agency, coordinate activities to reduce the trauma to the victim and provide for the use of a single, non -threatening site for all of the activities. II. GUIDELINES A. General Whenever practical, police and social services will attempt to conduct a joint interview with a view toward keeping the interviews of the child to a minimum. B. Law Enforcement Role All suspected child abuse reports trade to a local police agency shall be cross -reported by telephone to the Child Abuse Registry immediately or as soon as practical. The law enforcement agency shall also send a written report within 36 hours of receiving the report of child abuse to social services, the Department of justice (DOJ), and the District Attorney's office as required under Section 11166 (k) of the Penal Code. When the initial disclosure by the victim is made to law enforcement, the police officer will determine whether or not an immediate response by social services should be initiated. When an immediate response is necessary, the officer will initiate immediate contact with social services; and whenever practical wait for the arrival of an emergency response worker before conducting a further interview of the child. When responding to a report of child sexual abuse with a social worker already involved, the responding officer will attempt to obtain as much information as possible from the social worker to avoid duplicating the interview. Depending upon the departmental policy, the initial joint interview will be conducted by either the police officer or social services worker. The selection of the primary interviewer will be based on a variety of factors including: the experience and training of the interviewers, the rapport already established with the child, and the information already known. The police officer will be responsible for coordinating his or her criminal investigation with the initial assessment interview by the emergency response worker. The objective is to minimize the number of interviews the child victim endures without negatively impacting the criminal investigation. In addition, the police officer shares with the responding social worker a responsibility for insuting that the child is protected. The police officer is responsible for deciding whether a child should be taken into protective custody under the authority of Welfare and Institutions Code Section 305. Ideally, when making a decision to take the child into protective custody, a consensus should be reached between the officer and the responding social worker. If the officer has decided to place the child in protective custody, arrangements must be made to transport the child to the Child Protective Facility. If a police officer responds to an initial referral unaccompanied by an emergency response worker and makes a decision not to place the victim in protective custody, he or she will immediately advise the Child Abuse Registry in compliance with departmental procedures and legal requirements. C. INTERVIEW SITE An assessment should be made by the police officer concerning the site of the joint interview. Every effort should be made to conduct the interview at a site likely to minimize the trauma to the child victim. Depending upon the urgency of the situation and upon the necessity for protection of the child, every effort should be made to utilize the CAST interview room for the interviews. Following the initial contact interview, if the circumstances indicate that an additional detailed interview should be conducted, every effort should be made to schedule the interview at CAST. The responsible officer will call the facility to establish the date and time. When a criminal investigation is in progress, the police officer will cooperate with the social workers investigating dependency to coordinate the interview of the child victim. The police agency will share information obtained from the interviews with the Child Protective Agencies involved, provided sharing the information will not interfere with the criminal investigation. Due to the complicated nature of these investigations, each law enforcement agency should consider using a child abuse law enforcement specialist during the initial response of a reported child abuse. When a child abuse law enforcement specialist is not available, the responding officer should be encouraged to utilize the expertise of the social services representative if one is present. The assigned officer will coordinate and participate in the assessment and interview of the victim(s) with the emergency response social worker. When appropriate, the police agency will tefet victims of child sexual abuse to CAST for the support and victim services CAST provides. The assigned police officer in conjunction with the medical providers and District Attorney at CAST will determine if a medical examination of the victim is necessary. In nonemergency cases, the examination should be performed by appointment at CAST. The police officer will provide the emergency response worker with an event number (crime report or log entry number) to be included on the DOJ Form BCIA 8583, and comply with the mandatory reporting statute. Upon conclusion of the interview, the assigned law enforcement officer should participate in the multidisciplinary team review of the case if such a meeting is requested. The police officer assigned to the preliminary investigation, and the follow-up investigator, will ensure that all pertinent evidence, medical reports, and written statements are collected. The completed investigation will be referred to the District Attorney's Office for filing, if appropriate. OPERATIONAL AGREEMENT This Operational Agreement stands as evidence that the Child Abuse Services Team (CAST), the Social Services Agency SSA), the Office of the District Attorney, and the Santa Ana Police Department intend to work together toward the mutual goal of providing maximum available assistance for crime victims residing in the City of Santa Ana. All agencies indicated below believe that implementation of the Child Abuse Services Team proposal, as described herein, will further this goal. To this end, each agency agrees to participate in the program by coordinating and/or providing the following services: • Utilizing CAST interviews to reduce the trauma to the child; • Project staff being readily available to CAST for service provision through Protocol Agreement attached; • Medical exams, where appropriate. We, the undersigned, as authorized representatives of CAST, the Social Services Agency, the Office of the District Attorney, and the Santa Ana Police Department, do hereby approve this document. cns-K- rjdd//3 Nicole S attm; t, Hwnan Serviccs Manager, Senior Date DA Z 2,2 Jess Rod ez,"istant District Attorney D to SSA Jyothi Al ', is-Dt tvis on Director of Children & Family Services Date a hief David lrin, Santa Ana Police Department Ddte N-2023-227 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: IFE LI; ' e ounc'l APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: T BOGOSIAN Senior Assistant City Attorney CITY OF SANTA ANA KMS-TINr RIDGE City Manager RECOMMENDED FOR APPROVAL: VALENTIN Chief of Police