Prosecuting Attorney

Child Abuse Protocol

June 1998

The recently enacted Binsfield legislation mandated the adoption of a county child abuse protocol for the handling of child abuse cases in Michigan. After many months of work by the Calhoun County Community Team the protocol is ready for implementation.

The application of this protocol will be enhanced by statewide training sponsored by the Governor’s Task Force on Children’s Justice as well as local training. The purpose of this training is to prepare local investigators and CIT team members to conduct competent child abuse investigations which will reduce trauma to children while protecting the rights of those accused.

Community Team

Name	Title
Tom Black	CPS Supervisor, FIA
L.J. McKeown	Chief, Albion Public Safety
Roger Caswell	APA, Prosecutor’s Office
Franklin K. Line	District Court Judge
Wendy Draper	Deputy, Sheriff’s Department
Nancy Mullett	APA, Prosecutor’s Office
Carol Graham	Officer, Springfield Public Safety
Jill Olson	Court Services, Family Court
Guy Golomb	Program Coordinator, Region 12 Health/SAPE, CISD
Gary K. Reed	Probate Judge, Family Court
Jim Richardson	Trooper, Michigan State Police
A. Hamady	Medical Doctor
Linda Hibst	Nurse Practitioner, SANE
Pat Scheid	Consultant, Region 12 Health/SAPE, CISD
Edwina Keyser	Detective, Battle Creek Police Department
Ken Snyder	Detective Albion Public Safety
Jim Landrom	Trooper, Michigan State Police
Phyllis VanOrder	RN, Sexual Assault Services
Paula Manley	Starr/BC Child Guidance

Statement of Purpose

Prosecutors, law enforcement, child protective services and other professionals recognize the special needs of child victims and are committed to working together efficiently as a multi-disciplinary team to reduce trauma for victims and their families.

This protocol shall apply to those situations described in Section 8(3) of the Child Protection Law, as amended. This protocol shall serve as a minimum standard for investigations. In order to provide a more consistent and appropriate response to children, representatives of designated agencies agree to adopt and adhere to this protocol.

Michigan Child Protection Law Provides:

Section 2(f) "Department" means the Family Independence Agency.

Section 8(3) of the Michigan Child Protection Law Provides:

In conducting its investigation, the department shall seek the assistance of and cooperation with law enforcement officials within 24 hours after becoming aware that 1 or more of the following conditions exists:

(a) Abuse or neglect is the suspected cause of a child’s death.

(b) The child is the victim of suspected sexual abuse or sexual exploitation.

(c) Abuse or neglect resulting in severe physical injury to the child requires medical treatment or hospitalization. For purposes of this subdivision, severe physical injury means brain damage, skull or bone fracture, subdural hemorrhage or hematoma, dislocation, sprains, internal injuries, poisoning, burns, scalds, severe cuts, or any other physical injury that seriously impairs the health or physical well-being of a child.

(d) Law enforcement intervention is necessary for the protection of the child, a department employee, or another person involved in the investigation.

(e) The alleged perpetrator of the child’s injury is not a person responsible for the child’s health or welfare.

Goals

The overriding philosophy of this protocol is to consider first and foremost what is best for the child. The following goals serve as a basis for this protocol:

To reduce trauma and provide protection and continuing support for victims of abuse and their families.
To ensure child abuse cases are promptly and effectively investigated, prosecuted or otherwise resolved by agencies in a cooperative manner.
To increase awareness and reporting of child abuse cases.
To gain improved cooperation among professionals, agencies and the community.
To identify and utilize available community resources for ongoing support and follow-up to meet the needs of victims, families and offenders.
To ensure that all professionals covered by this protocol are properly trained and to promote interdisciplinary education.
To monitor child abuse cases by data collection and evaluation in order to improve the handling of cases.
To identify gaps in services and resources and promote development of needed services and resources.
To reduce recidivism.

Reporting Child Sexual Abuse or Serious Physical Abuse

A. Upon Child Protective Services (CPS) receipt of reported child sexual abuse or physical abuse as defined in Section 8(3) of the Child Protection Law CPS shall:

1. Immediately notify the appropriate law enforcement Coordinated Investigative Team (CIT) member/agency.

2. Notify the designated team leader (prosecutor).

B. Each CIT law enforcement agency shall establish written procedures apprising CPS of the following:

1. Handling of child abuse cases during normal business hours.

2. Handling of child abuse cases after normal business hours, weekends, and holidays.

3. Procedures for immediately notifying CPS when a report of child abuse is received by the agency.

CIT will provide assistance to each participating county law agency when requested, in the development of procedures.

Coordinated Investigative Team Approach

A. Coordinated Investigative Teams (CITs)

1. Each member of the team(s) will have received specialized training in the handling of physical and sexual child abuse cases and the team(s) will include the following individuals:

a. Prosecuting Attorney - Team Leader

b. Police Investigators

c. Protective Services Workers

d. Medical Professionals

e. Mental Health Professionals

2. Not every case will require the participation of all members of the team.

3. Each law enforcement agency shall designate at least one officer and an appropriate backup officer/agency, specifically identified and specially trained to handle cases of child abuse occurring within their jurisdiction.

4. An appropriate on-call notification system for all cases received shall be developed, maintained, or enhanced.

5. All designated team members shall be provided with a telephone and/or pager number contact list that shall be maintained and distributed by the team coordinator. This list shall be updated as necessary.

B. Investigative Objectives:

1. Determine if child was abused or neglected and whether the child is in need of protection.

2. Determine whether there is probable cause to believe a crime was committed.

3. Minimize trauma to the victim.

Prosecutors

A. To facilitate this protocol, the prosecuting attorney shall:

1. Take a leadership role in the development and implementation of this child abuse protocol in accordance with the statewide protocol and Sec. 8 (6) of P.A. 166.

2. Coordinate the activities of the CIT.

3. Provide legal counsel on issues relative to the investigation and prosecution of child abuse.

4. Facilitate in-service training for local members of the CIT not less than annually.

B. The prosecuting attorney shall establish consistent practices for the charging, plea negotiation, and disposition of child abuse cases which achieve the following:

1. Minimize trauma to the child victim relative to all proceedings.

2. Prosecutors participating in the CIT will be specially trained to handle cases of child abuse.

C. To enhance the advocacy of child abuse victims, the prosecuting attorney shall:

1. When possible, designate a staff member(s) to act as the advocate for child abuse victims.

2. Establish office policy that accommodates the special needs of child abuse victims and their exposure to the civil and criminal justice system.

Child Protective Service and Police Investigations

A. The CIT shall proceed with an investigation, including:

1. Interviewing of victim pursuant to the forensic interview protocol.

2. Interviewing all witnesses, including children.

3. Interviewing members of victim’s family including children.

4. Collecting and preserving evidence.

5. Interviewing of alleged perpetrator(s).

6. The above procedure is followed when there are multiple victims.

B. The designated CIT law enforcement member in consultation with the prosecuting attorney and Child Protective Services shall be responsible for management of the following areas:

1. Collection and retention of evidence.

2. Interviewing of victim(s), accused, witnesses.

3. Selecting location of interviews.

4. Methods used in interview.

5. Law enforcement agency shall immediately assign agency complaint number.

C. When an allegation involves sexual abuse which has occurred within approximately 72 hours (96 hours for 13 years and older), the CIT shall arrange for an immediate medical examination.

D. When an allegation involves sexual abuse which has not taken place within the last approximately 72 hours (96 hours for 13 years and older), an examination at a clinic specializing in the evaluation of child abuse is strongly recommended.

E. Physical abuse

1. If severe or life-threatening:

a. The child should be taken to an appropriate emergency care facility for evaluation.

b. Injuries should be documented on body maps and with photographs as much as possible.

c. The child should be transferred to an appropriate facility as medically indicated.

d. Police assistance should be sought if parental consent for transfer to an appropriate facility is not given.

2. If not severe or life-threatening or requiring care for fractures or significant lacerations, the child should be evaluated by a health care provider who can document physical findings with use of body maps and photographs.

Medical Personnel

A. When medical personnel identify or have reasonable cause to believe sexual and/or physical abuse is suspected, including self- reporting by a child, s/he shall:

1. Telephone referral to Child Protective Services immediately.

2. Complete and submit FIA form 3200 (Report of Actual or Suspected Child Abuse or Neglect) within 72 hours.

B. Physical examination of child.

1. Conducted by specially trained medical personnel (see section F for qualifications).

2. Testing for STDs done in accordance with standardized sexual assault protocol (see separate document on medical exam). Cultures to be done on prepubertal children based on history or physical likelihood of STD exposure.

3. Rape kit will be used when appropriate, adapting collection procedures based on child’s physical development.

4. Results of the medical exam should be carefully documented utilizing body maps and photographs whenever possible.

5. A "Release of Medical Records" to be obtained at the time of the exam so the information can be shared with law enforcement, FIA, and prosecution for investigative purposes.

C. Interviewing for the purpose of medical diagnosis or treatment

1. Whenever possible, limit the interview of the child to the person who will examine the child.

2. Interview the parent(s) or guardian(s) of the child individually whenever possible.

D. Documentation.

1. Accurate and detailed statements from children are essential for the other CIT members. Statements concerning child abuse made by a child during the course of medical diagnosis and treatment are generally admissible in court.

2. All health care professionals licensed by the state of Michigan can provide testimony regarding the child’s statements.

E. Admission to hospital.

1. Child can be admitted without parental consent if:

a. Parents threaten to remove the child against medical advice.

b. Release could endanger the child’s health or welfare.

c. CPS obtains a Temporary Care Order (TCO).

2. Hospital can retain child under child protection law in temporary protective custody until the next regular business day of the Family Division of Circuit Court.

a. CPS must be contacted immediately.

b. CPS can request a Temporary Care Order.

c. Police assistance should be obtained when necessary.

F. Medical expertise requirements for sexual abuse exams.

1. Acute sexual abuse – "last sexual contact within the last 72 hours".

a. The examiner shall have documented training in the evaluation of sexual assault of children, forensic evidence collection procedures and basic forensic interviewing techniques from a recognized training facility the within the past five years.

b. The examiner shall also maintain current updates at least every two years in this area of specialty.

c. The training shall be documented in terms of formal course work, supervision, or attendance at conferences, seminars and workshops.

2. Chronic sexual abuse – "last sexual contact greater than 72 hours or of long standing duration".

a. The examiner must meet the above minimum requirements.

b. The examiner shall be a physician, DO, physician assistant, advance practice nurse, or a specially trained nurse examiner.

c. The examiner shall have additional training in the assessment of chronic sexual abuse of children.

G. Physical abuse assessments.

1. If severe or life-threatening:

a. The child should be taken to an appropriate emergency care facility for evaluation.

b. Injuries should be documented on body maps and with photographs as much as possible.

c. The child should be transferred to an appropriate facility as medically indicated.

d. Police assistance should be sought if parental consent for transfer to an appropriate facility is not given.

2. If not severe or life-threatening or requiring care for fractures or significant lacerations, the child should be evaluated by a health care provider who can document the physical findings with use of body maps and photographs.

H. Investigation of whether actual child abuse has occurred is, by law, he responsibility of FIA and law enforcement officials [CPL, Section 8(1)(2)(3)].

Mental Health Personnel

A. When mental health personnel identify or have reasonable cause to believe sexual and/or physical abuse is suspected, including self-reporting by a child, s/he shall:

1. Telephone referral to Child Protective Services immediately.

2. Complete and submit FIA form 3200 (Report of Actual or Suspected Child Abuse or Neglect) within 72 hours.

B. Documentation.

1. Accurate and detailed statements from children are essential for the other CIT members. Statements concerning child abuse made by a child during the course of medical diagnosis and treatment are generally admissible in court.

2. All mental health professionals, with advanced degrees in social work, psychology or counseling, who are licensed/registered by the state of Michigan to perform assessments and develop treatment plans independently or with supervision, can provide testimony regarding the child’s statements about abuse or neglect.

C. Role of Mental Health Professional

1. A qualified mental health professional who is trained in the CIT procedures may serve as a consultant to the team upon request.

2. A mental health professional who has knowledge of the dynamics of abuse with children and knowledge of the CIT procedures will:

a. Assist in developing a resource list for families needing mental health services.

b. Assist in coordinating training for the community mental health professionals.

D. Investigation of whether actual child abuse has occurred is the responsibility, by law, of FIA and law enforcement officials [CPL, Section 8(1)(2)(3)].

School Personnel

A. All of the following are required by law and should be complied with regardless of any other requirements of the school. This is an individual’s responsibility.

B. When school personnel or regulated child care providers identify or have reasonable cause to believe sexual and/or physical abuse is suspected, including self-reporting by a child, s/he shall:

1. Telephone referral to Child Protective Services immediately.

2. Complete and submit FIA form 3200 (Report of Actual or Suspected Child Abuse or Neglect) within 72 hours.

C. Public and private schools and other institutions shall cooperate with FIA during an investigation of a report of child physical abuse, sexual abuse, or neglect. School personnel shall cooperate with the CIT.

1. Cooperation includes allowing access to the child without parental consent pursuant to Section 8(8) of the Child Protection Law and allowing FIA to interview the child alone.

2. As soon afterward as possible, FIA shall notify the person responsible for the child’s health and welfare that FIA had contact with the child.

3. Investigation of whether actual child abuse has occurred is the responsibility, by law, of FIA and law enforcement officials [CPL, Section 8(1)(2)(3)].

4. No child shall be subjected to a search at school that requires the child to remove clothing to expose buttocks, genitalia, or breasts [CPL, Section 8(10)].

D. The law does not preclude a school from investigating reported claims of child abuse committed by its employees. All other requirements imposed by the law must be met first.

1. An internal investigation must be coordinated with any investigation being conducted by FIA or law enforcement to insure proper case management for possible criminal investigation.

2. An internal investigation shall not take precedence over the requirements of reporting to FIA or law enforcement.

3. An internal investigation shall not interfere with or hinder an investigation being conducted by FIA or law

4. Any additional information pertaining to the original allegation that is discovered by an internal investigation shall be shared with CPS and law enforcement.

General Principles

A. In all cases, confidentiality is imposed upon both FIA and the law enforcement agency. While the law enforcement agency may receive information from the central registry of FIA, the statute provides the information so received may only be disseminated to another entity named in the statute.

B. Videotaping or audiotaping of interviews should be approved in advance by the prosecuting attorney, bearing in mind that copies of all interviews, inculpatory or exculpatory, must be retained.

C. The results of all examinations of the child performed by specialized personnel (including medical, psychiatric, and psychological evaluations) shall promptly be made available to both FIA and the investigating law enforcement officer.

D. In all cases where it is determined that the alleged perpetrator is not a "person responsible for the child’s health or welfare," as defined in the child Protection Law, MCL 722.621 et seq., CPS shall promptly turn over the matter to the appropriate law enforcement agency for investigation and disposition.

E. Open communication between all parties is encouraged to resolve any difficulties that may arise in the implementation of this protocol.

F. In all cases, the best interests and welfare of the child are of primary importance and the ultimate disposition should reflect this principle. The opinions and advice of all agencies involved in protecting the child should be considered before any final decisions are made.

G. Anatomically explicit dolls and other aids, if used, should only be used with caution after receiving proper training.

H. To ensure accurate information from children and protect the rights of the accused, all CIT members should utilize a forensic interview as described in the forensic interviewing protocol.

Calhoun County
315 West Green Street
Marshall, MI 49068
Phone: (269) 781-0700
Fax: (269) 781-0140

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