Investigative Strategies
in Alleged Child Abuse
by
Ms. Felicia McCaw
Ms. Felicia McCaw
Child Welfare
I. Investigative Strategies in Alleged Child Endangerment
II. Reports of Alleged Abuse of a Child
A. Physical Abuse, Abuse of any nature from Non-Family member, Sexual Abuse
B. Evidence of Child Abuse, Physical State – bruises, contusions, broken bones, Cuts, Burns, Emotional State.
C. Behavioral Patterns Studied
D. Hospitalization of a Child reflecting Severe Injuries
E. Death of a Child
III. Child Safety Priorities and Emphasis on Prevention
IV. Physical, Emotional and Psychological Examination of Child
A. Medical Examination
B. Physical Examination – Outward Appearance
C. Conduct of Test to Evaluate Emotional Levels when Interacting
D. Psychological Evaluation for Mental Trauma
V. Place of Endangerment and Recommend Procedures to Remove
A. Conditions – Surrounding Environment
B. Drug Home
C. Meth Labs
D. Abandoned Homes/Empty Buildings
E. Living in the Streets or Alleys
VI. Removal of Children from Dangerous Conditions Additional Procedures
VII. Child Protective Services Intervention Assistance
A. Time Frame of Response to Maltreatment Report
B. Investigative Steps to Follow
C. Safety of Child Number One Priority
D. Adjudicatory Hearing Held
E. Court Order Disposition
VIII. Parental Rights are Challenged to Retain Custody of Child
IX. Designated Positioning of Child in Foster Care, Juvenile Intake or Lodged with Relatives
X. Investigative measures regarding child welfare and child abuse reveal flaws on the State and National Levels
XI. Brief Review and Closing of Case
Investigative Strategies in Alleged Child Endangerment
State of Michigan
(With some reference to other states and counties)
Reports of alleged abuse of a child (children) may come in from private sources (friends, neighbors, association) and reported to the Law Enforcement of the appropriate county with a follow up call to the Child Protective Services of Michigan. The Child Protective Services will arrive at the scene and physically inspect the child for evidential abuse (Physically – bruises, broken bones, contusions; Emotional State – rocking, crying, staring; Behavioral Patterns – Clasping of hands over head, ears, eyes, non-communicative, sullen, angry and hostile, dilated pupils, breathing rapidly – anxiety, refusal of physical contact (possible exploitation sexually – physically examine child’s sexual organs), screaming at the top of lungs. Further examination of child (children) would indicate if the child needs to be hospitalized due to emotional trauma or physically debilitating injuries. If the child is dead or the cause of physical abuse results in the death of a child then the police would arrest the culprit.
Child safety is priority one and emphasis on prevention to ensure the child’s (children) right to safety and protection from unscrupulous parents, strangers and prevention of exposure to dangerous living conditions either home habitation or by adult physical or emotional abuse. When a call is received from a witness of child abuse the Law Enforcement Agency is contacted and a representative from the Child Protective Services is contacted to come to where the child has been abused and if injuries have been inflicted call 911 emergency to send ambulance and attendants to examine child (children).
Ms. Felicia McCaw
Child Welfare Class
Investigative Strategies in Alleged
Child Endangerment
Page 2
To ascertain the physical, emotional, psychological levels of the alleged abused child a medical examination will done to certify if possible sexual abuse has been done by physically examining both the anus, vagina for possible penetration and marks on penis. A physical examination will consist of overall scrutiny for marks of abuse and a conduction of tests will be done to evaluate emotional levels when interacting with alleged abuse child (children) and lastly a psychological evaluation to determine possible mental trauma and extent of damage that may have done. If injuries are of a severe nature and reflect detrimental emotional, physical abuse and severe trauma (psychological) and may be life threatening remove child immediately to expedite and bypass the need for a court order and have child (children) removed to a safe shelter or to the hospital for emergency care.
The conditions surrounding the habitat structure need to be safe, secure and a determination needs to be made if alleged abused child (children) are living in places of endangerment. Further occupancy in a drug home is considered a serious life threat and threatening situation for a child to live due to undesirable exposure to the criminality that ensues with contact with drug dealers, strange individuals who may cause injuries (physically, mentally and emotionally) to a child (children) who live in structure. Meth Labs are also places of endangerment due to the chemical compositions of drugs being manufactured and the possible non-positive effects of drugs mingling in a child’s (children) DNA and causing irrevocable damage. Abandoned homes/empty buildings are a large source of blight in cities where abandoned
Ms. Felicia McCaw
Child Welfare Class
Investigative Strategies in Alleged
Child Endangerment
Page 3
children take shelter, refuge as well as in the streets and alleys to try to survive. Once located these children who are in danger from predators, exposure, starvation are to be removed immediately and placed in safe facilities.
Child Protective Services will intervene and remove alleged abused children from dangerous conditions by contacting the Law Enforcement Agency to get immediate assistance and determine if the situation warrants immediate custodial rights to be secured for the child to be removed immediately. If the situation of maltreatment is a severe nature and substantial evidence indicates that the child is in a life threatening situation investigative steps will commence immediately into the family’s history of whether prior reports of abuse have been filed, records of any hospitalizations, school reports of any bruises, marks, broken bones reported by teachers (check all schools attended), doctors, interview or talk with neighbors (regarding observations – with an objective of compiling a minimum level test of accuracy and verifiable facts of information received with signed documentation certifying its (information received) authenticity.
The safety of a child (children) is the number one priority and securing the levels of protection and wardship in the quickest time frame possible to relay the custody of the child to the State of Michigan and to repudiate temporary custody that Child Protective Services Agency received when the child (children) were removed from an abusive situation. An Adjudicatory Hearing will be held to allow the courts to review evidence and decide whether maltreatment occurred and whether custody will be placed under the continuing jurisdiction of
Ms. Felicia McCaw
Child Welfare Class
Investigative Strategies in Alleged
Child Endangerment
Page 4
the court. The court will issue a decree or disposition which may result in the court determining a separate hearing to be held to decide if children should be removed from custody of parents and parental rights revoked and wardship of child (children) placed and granted to the State of Michigan.
Reviewing the steps put in motion investigative strategies into alleged child abuse there was found problems or issues that affect the local and national level for registering alleged perpetrators and a conflicting theory that it was unconstitutional to compile lists because alleged perpetrators needed the opportunity to defend self first before their name(s) were put on the registry list at both the state and national level. Unfortunately, the procedure has not been established and supposed child abusers have been added to the list before any action of child abuse has been proven and the only way to resolve the issue(s) is to acquire legal assistance. Also, the procedures used should be changed to ensure accuracy and have restrictives to protect those accused but subsequently cleared by ensuring their names are not on the list. As stated once the accused name can be put on the registry list without proof but should be proven and documented by the Child Protective Services and investigated and confirmed without a doubt that child abuse or maltreatment has been done and anyone who has committed the act should be dealt with as mentioned earlier in this report.
After determining if child abuse or maltreatment has been done parental rights are to be denied or revoked forbidding custody of child and the designated positioning of the child (children) in either a foster care, shelter or to be lodged with relatives will be decided upon. After the safe net for the child (children) has been constructed and established the case will be briefly reviewed and then closed.
References
http://www.statutes.legis.state.tx.us/docs/FA/htm/FA.261.htm
http://childwelfare.gov/pubs/factsheets/cpswork.cfm
http://www.childwelfare.gov/pubs/factsheets/cpswork.cfm
http://www.state.tn.us/youth/childsafety/whoshouldreport.htm
http://newjerseydyfsdefense.com/trying-a-dyfs-case/david-verses.gol
http://aspe.hhs.gov/hsp/cps-status03/state-policy03/chapter4.htm
http://national levels of child abuse.pdf
www.ndacan.cornell.edu/ndacan/Datasets/Abstracts/DatasetAbstract_NCANDS_Child_File.html
http://www.cbsnews.com/stories/2010/04/26/national/main6432571.shtml
http://celebrifi.com/gossip/Flaws-found-in-state-childabuse-registries-2430246.html
Thursday, August 28, 2014
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