Los Angeles County Child Abuse & Neglect Protocol

ICAN-NCFR.orgICAN-NCFR.org

Los Angeles County Child Los Angeles County Child Abuse & Neglect ProtocolAbuse & Neglect Protocol

A Multidisciplinary Approach to A Multidisciplinary Approach to Protecting ChildrenProtecting Children

September 2007September 2007


Mission StatementMission Statement

Child abuse and neglect inflict pain and Child abuse and neglect inflict pain and suffering on victims, families, and the suffering on victims, families, and the community. The Protocol is promulgated community. The Protocol is promulgated to serve as a guideline for professionals: to serve as a guideline for professionals:

to protect victims of abuse to protect victims of abuse to maximize successful interventions to maximize successful interventions to hold abusers responsible and to hold abusers responsible and

accountable for the harm done accountable for the harm done to prevent new victimizationsto prevent new victimizations


Benefits ofBenefits ofCoordinating EffortsCoordinating Efforts

By working together, government agencies and By working together, government agencies and community service providers will enhance:community service providers will enhance:

Early recognition of incidents of child abuse and Early recognition of incidents of child abuse and neglectneglect

Effectiveness of the response procedures and Effectiveness of the response procedures and reporting of child abuse and neglectreporting of child abuse and neglect

Documentation of statements and collection of Documentation of statements and collection of evidence related to allegations of abuseevidence related to allegations of abuse


Benefits of Coordinating Efforts-Benefits of Coordinating Efforts-continuedcontinued

A coordinated approach will also:A coordinated approach will also: Increase the likelihood of a successful Increase the likelihood of a successful

prosecutionprosecutionReduce emotional trauma to the victims Reduce emotional trauma to the victims

occasioned by repeat interviews, court occasioned by repeat interviews, court appearances, medical/psychological appearances, medical/psychological examinations, and other governmental examinations, and other governmental interventionsinterventions


Participating AgenciesParticipating Agencies California Youth Authority (CYA)California Youth Authority (CYA) Court Appointed Special Court Appointed Special

Advocates (CASA)Advocates (CASA) Community Care Licensing Community Care Licensing

(CCLD)(CCLD) County CounselCounty Counsel Court Appointed Counsel for Court Appointed Counsel for

Children in Dependency Court Children in Dependency Court (317 Panel)(317 Panel)

Children’s Law Center (CLCLA)Children’s Law Center (CLCLA) Department of Children and Department of Children and

Family Services (DCFS)Family Services (DCFS) Educators from County Office of Educators from County Office of

Education (LACOE) & Los Education (LACOE) & Los Angeles Unified School District Angeles Unified School District (LAUSD)(LAUSD)

Inter-Agency Council on Child Inter-Agency Council on Child Abuse and Neglect (ICAN)Abuse and Neglect (ICAN)

Medical ProfessionalsMedical Professionals Mental Health ProfessionalsMental Health Professionals Probation DepartmentProbation Department Public DefenderPublic Defender Prosecutors (LADA, LA City Prosecutors (LADA, LA City

Attorney, Attorney General)Attorney, Attorney General) Los Angeles Police Los Angeles Police

Department (LAPD)Department (LAPD) Los Angeles Sheriff’s Los Angeles Sheriff’s

Department (LASD)Department (LASD) Independent Police ChiefsIndependent Police Chiefs Child AdvocatesChild Advocates Advocates for the DisabledAdvocates for the Disabled


Multi-Disciplinary ApproachMulti-Disciplinary Approach

Communication between professionals is Communication between professionals is required from the required from the earliestearliest opportunity in opportunity in order toorder toCoordinate investigationsCoordinate investigationsLimit repeat interviewsLimit repeat interviewsShare informationShare information


Composition of a Composition of a Multi-Disciplinary TeamMulti-Disciplinary Team

Welfare & Institutions Code, § 18951Welfare & Institutions Code, § 18951A team A team mustmust consist of consist of three or more membersthree or more members

and usually includes, but is not limited to:and usually includes, but is not limited to: Law enforcementLaw enforcement CSWCSW ProsecutorProsecutor Child advocateChild advocate Medical professionalMedical professional Mental health representativeMental health representative Public education professionalPublic education professional


Mandatory Reporting of Child Abuse and Mandatory Reporting of Child Abuse and Neglect-Neglect-

11165.7PC11165.7PC

Because children are among the most Because children are among the most defenseless victims of crime, the law defenseless victims of crime, the law provides special protection for them. provides special protection for them.

A key legal protection is the requirement that A key legal protection is the requirement that people involved in certain occupations people involved in certain occupations mustmust report suspected child abuse and report suspected child abuse and neglect.neglect.


Mandated Reporting-Mandated Reporting-continuedcontinued

The Protocol details:The Protocol details: Professions mandated to report by statuteProfessions mandated to report by statute Definitions of key termsDefinitions of key terms Conduct that must be reportedConduct that must be reported Conduct that may be reportedConduct that may be reported How to make a reportHow to make a report

Procedures for group reportingProcedures for group reporting Law mandating cross-reportsLaw mandating cross-reports Immunity for Mandated ReportersImmunity for Mandated Reporters Criminal liability for failing to reportCriminal liability for failing to report Availability of mandated reporter trainingAvailability of mandated reporter training


Initial ResponseInitial Response

A collaborative approach by all first responders to A collaborative approach by all first responders to reports of child abuse and neglect is essential to reports of child abuse and neglect is essential to

protect the child and gather evidence. protect the child and gather evidence. Collaboration, particularly between law Collaboration, particularly between law

enforcement and DCFS, is vital.enforcement and DCFS, is vital.

Guidelines are presented that will enable first Guidelines are presented that will enable first responders to work together and share responders to work together and share

information while adhering to the separate information while adhering to the separate mandates and policies of their respective mandates and policies of their respective

agencies.agencies.


Initial Response-Initial Response-continuedcontinued

The Protocol details:The Protocol details: Mandatory response by DCFSMandatory response by DCFS Immediate response by law enforcementImmediate response by law enforcement Recommendations for cooperative field responseRecommendations for cooperative field response School site interviews and investigationsSchool site interviews and investigations Victim’s rightsVictim’s rights Initial interview of the childInitial interview of the child Documentation by agencyDocumentation by agency Temporary custody and placement of the childTemporary custody and placement of the child Medical Examination of a child in protective custodyMedical Examination of a child in protective custody Procedures for transporting a childProcedures for transporting a child


On-going Obligation to On-going Obligation to Cross-reportCross-report

§11166(h)PC, requires DCFS to cross-report to law enforcement §11166(h)PC, requires DCFS to cross-report to law enforcement and the district attorney’s office (DA) every known or suspected and the district attorney’s office (DA) every known or suspected instance of child abuse and neglect.instance of child abuse and neglect.

§11166(i)PC, requires law enforcement to cross-report to DCFS and §11166(i)PC, requires law enforcement to cross-report to DCFS and the DA every known or suspected instance of child abuse and the DA every known or suspected instance of child abuse and neglect.neglect.

The obligation to cross-report abuse and neglect does not end with The obligation to cross-report abuse and neglect does not end with the intervention of the agency but the intervention of the agency but continues through-out the continues through-out the agency involvement in the caseagency involvement in the case..

Improved avenues of communication are one of the key elements Improved avenues of communication are one of the key elements discussed in the Protocol.discussed in the Protocol.

In Los Angeles County, the Board of Supervisors have formally In Los Angeles County, the Board of Supervisors have formally recognized the importance of including city prosecutorial agencies in recognized the importance of including city prosecutorial agencies in the cross-reporting process.the cross-reporting process.


Child Death InvestigationsChild Death Investigations

The Protocol details guidelines and best practices The Protocol details guidelines and best practices for:for:

Support for surviving siblingsSupport for surviving siblings Medical practitionersMedical practitioners Coroner Coroner Law enforcementLaw enforcement District AttorneyDistrict Attorney County CounselCounty Counsel DCFSDCFS


Follow-up Investigation and Case Follow-up Investigation and Case ManagementManagement

For some agencies, the first responders will For some agencies, the first responders will hand over the case for additional hand over the case for additional investigation or case management to investigation or case management to another agency employee. another agency employee.

The responsibility for follow-up and case The responsibility for follow-up and case management should be assigned to management should be assigned to professionals with child abuse training.professionals with child abuse training.


Follow-up Investigation and Case Follow-up Investigation and Case Management- continuedManagement- continued

The Protocol details guidelines, statutory The Protocol details guidelines, statutory requirements, and best practices for:requirements, and best practices for:

Law enforcementLaw enforcementMandated training (13516PC)Mandated training (13516PC) InterviewingInterviewingEvidence collectionEvidence collectionFiling a caseFiling a case


Follow-up Investigation and Case Follow-up Investigation and Case Management- continuedManagement- continued

DCFSDCFSCase plan (16501.1WIC)Case plan (16501.1WIC)Voluntary supervisionVoluntary supervisionFiling a petitionFiling a petitionOn-going cross-reporting (11166.3PC)On-going cross-reporting (11166.3PC)


Special Areas of ConcernSpecial Areas of Concern

The Protocol provides guidelines and best The Protocol provides guidelines and best practices for cases presenting unique concerns:practices for cases presenting unique concerns:

Safely Surrendered Baby lawSafely Surrendered Baby law Child abduction casesChild abduction cases Drug endangered childrenDrug endangered children Incidents in out-of-home careIncidents in out-of-home care Native American childrenNative American children Special-Needs childrenSpecial-Needs children


Medical ExaminationsMedical Examinations

The Protocol provides details for forensic The Protocol provides details for forensic medical examinations when the following medical examinations when the following are suspected:are suspected:

Sexual abuse (13823.5PC)Sexual abuse (13823.5PC)Physical abuse (11171PC)Physical abuse (11171PC)Non-organic Failure to ThriveNon-organic Failure to Thrive


Medical Examinations-Medical Examinations-continuedcontinued

The Protocol details the importance of the The Protocol details the importance of the forensic medical exam in the following areas:forensic medical exam in the following areas:

History and assessmentHistory and assessmentHistory of the present conditionHistory of the present conditionPast medical historyPast medical historyPast developmental historyPast developmental historyDelays in seeking treatmentDelays in seeking treatment


Medical Examinations-Medical Examinations-continuedcontinued

Physical findingsPhysical findingsBruisesBruisesBurnsBurnsSkeletal injuriesSkeletal injuriesAbusive head trauma Abusive head trauma Intra-abdominal injuriesIntra-abdominal injuriesIntra-thoracic injuriesIntra-thoracic injuriesDiagnostic testsDiagnostic tests


Victim ServicesVictim Services

The Protocol details services available to The Protocol details services available to victims of abuse and neglect such as:victims of abuse and neglect such as:

Mental health servicesMental health servicesVictim/Witness Assistance ProgramVictim/Witness Assistance ProgramCourt Appointed Special AdvocatesCourt Appointed Special Advocates


Legal ProceedingsLegal Proceedings

The Protocol details what can be expected The Protocol details what can be expected for the child and the professional if called for the child and the professional if called to appear before:to appear before:

Criminal CourtCriminal CourtJuvenile CourtJuvenile Court

DelinquencyDelinquencyDependencyDependency

Family CourtFamily Court


CommunicationCommunication

The Protocol details statutory authority permitting The Protocol details statutory authority permitting the sharing of otherwise confidential information the sharing of otherwise confidential information among members of multidisciplinary teams.among members of multidisciplinary teams. §§18951(d) WIC: formation of multidisciplinary teams18951(d) WIC: formation of multidisciplinary teams § 830 WIC: information-sharing among members of § 830 WIC: information-sharing among members of

multidisciplinary teammultidisciplinary team §§827 of the Welfare & Institutions Code (WIC): 827 of the Welfare & Institutions Code (WIC):

access to Juvenile Court documentsaccess to Juvenile Court documents §§11166.7 PC: formation of child death review teams11166.7 PC: formation of child death review teams


AppendicesAppendices

The Protocol includes additional resource information The Protocol includes additional resource information including:including:

Recognized Resources for Forensic EvaluationsRecognized Resources for Forensic Evaluations Determining Reasonable Suspicion GuidelinesDetermining Reasonable Suspicion Guidelines Pediatric Condition Falsification (Munchausen by Proxy)Pediatric Condition Falsification (Munchausen by Proxy) Mandated formsMandated forms Los Angeles County American Indian Child Abuse Los Angeles County American Indian Child Abuse

ProtocolProtocol Dual Supervision Cases MOUDual Supervision Cases MOU Hospital Protocol for Evaluating and Reporting Cases Hospital Protocol for Evaluating and Reporting Cases

Involving Prenatal Drug/Alcohol ExposureInvolving Prenatal Drug/Alcohol Exposure Criminal Child Abuse Investigative ChecklistCriminal Child Abuse Investigative Checklist


Training OpportunitiesTraining Opportunities

Agencies participating in the Task Force are Agencies participating in the Task Force are available to provide training on all issues available to provide training on all issues covered in the Protocol including:covered in the Protocol including:Mandated ReportingMandated Reporting Investigation of abuse and neglect casesInvestigation of abuse and neglect casesSafely Surrendered Baby lawSafely Surrendered Baby lawWorking with the disabled Working with the disabled Court procedures- Juvenile and CriminalCourt procedures- Juvenile and Criminal


Further InformationFurther Information

The Protocol can be accessed at:The Protocol can be accessed at: ICAN-NCFR.orgICAN-NCFR.org

For information on training please contact:For information on training please contact:

Mary NicholsMary Nichols

ICAN Program AdministratorICAN Program Administrator

(626)455-4585(626)455-4585

[email protected] [email protected]

Los Angeles County Child Abuse & Neglect Protocol

Documents

Transcript of Los Angeles County Child Abuse & Neglect Protocol