8/09 INVESTIGATING AND MAKING A FINDING TIP SHEET

Physical Abuse Definition Types of Evidence Needed Sample Questions Non-accidental injury 1. Photographs of child (child’s For Medical Personnel and Lay inflicted or allowed to be face should be photographed as Witnesses: inflicted by a parent, or by well as injury). Is there medical documentation the person excising control or supporting that this injury was inflicted supervision of the child, or 2. Photographs of scene if parent by other than accidental means? risk created or allowed by alleges accident such as fall either adult. occurred. Why or why not? KRS 600.020 (1) physical injury means “substantial 3. Eye witness accounts. After reviewing all the evidence physical pain or any (parents’ account of how injury impairment of physical 4. Drawing—if no camera occurred, photographs or drawing of the condition” KRS 600.020(39). available and detailed written scene of injury, medical evidence), has description of injury, size, your opinion changed on what caused KY Case Law defines color, etc. the injury? impairment simply as “any injury.” 5. Child’s account of incident. Is the injury consistent with the caregivers account? Burden of Proof is 6. History of parent or supervising Why or why not? “preponderance of evidence” adult abusing this, or another, which has been defined as child in the past. Can you express an opinion as to the age meaning “more likely than of the injury? (Helps rule out possible not” or “51% of the 7. Evidence of domestic violence perpetrators who were not with the child evidence.” between parents or supervisor during the timeframe injuries could have adults with child present in the occurred). Injuries left as a result of household sufficient or serious spanking held by most courts enough that the child is at risk If child is the witness and there are no to be not accidental. of physical injury from, for presently visible injuries: example: Have bruises or marks been left before?  Thrown objects Where on your body were they left? How did you see them? Broken Glass  Did anyone else see them?  Being held by one parent Did they hurt? during physical injury  Use of weapons Parents or Supervising Adults: Get as many details as possible. Take pictures of the scene, sign and date them. State location on each photo.

Documentation Get written statements from medical personnel, all collateral witnesses, victim(s), and perpetrator when at all possible.

1 8/09 Emotional Injury Definition Types of Evidence Sample Questions Needed Emotional injury = injury or risk of injury to Can only be substantiated Ask the QMHP: the mental or psychological capacity or by an expert witness who emotional stability of a child as evidenced by meets the definition of a Are the child’s a substantial and observable impairment in the qualified mental health behavior/mental health child’s ability to function within a normal professional (QMHP). problems more likely than range or performance and behavior with due not caused by actions of the regard to their age, development, culture, and parents? environment as testified to a by a Qualified Mental Health Professional (QMHP).

QMHP Defined: Make sure the QMHP: Physicians licensed under KY Law. Reviews the definition of emotional injury to see if his Psychiatrists licensed under KY Law. or her opinion can meet that definition. Licensed psychologist at the doctoral level or certified at Masters level under KY law.

Licensed Registered Nurse with a Masters degree in psychiatric nursing from an accredited school and two (2) years of clinical experience with the mentally ill.

Licensed RN with a Bachelors degree in nursing from an accredited institution who: -is certified as a psychiatric and mental health nurse by the American Nurse’s Association and who has three (3) years of inpatient or outpatient clinical experience in psychiatric nursing and is currently employed by a hospital or psychiatric facility licensed in Kentucky.

Licensed Clinical Social Worker or Certified Social Worker under Kentucky Law with three (3) years of inpatient or outpatient clinical experience in psychiatric social work and is currently employed by a hospital, forensic facility or regional comp-care center licensed in Kentucky.

2 8/09 Sexual Abuse Definition Types of Evidence Needed Sample Questions Parent or caretaker commits Photographs Details of where, how, and when or allows to be committed events occurred are very important. If an act of sexual abuse, Child’s journals, letter or other other details of child’s account can be sexual exploitation or written accounts or drawings. corroborated, this lends to the child’s prostitution upon the child credibility. or creates or allows to be Corroborating evidence: created a risk thereof. KRS -magazines, movies or sexual Ask the child if she or he would be 600.020(1). devices referred to by child. more comfortable writing out what -corroboration of other details of happened (if age appropriate) or “Sexual Abuse” includes but accounts regarding: drawing a picture and telling you not limited to: -access about it. (These accounts can be more “any contacts or -time and location that the accurate than questioning produces at interactions” in which the events took place. times and minimizes the likelihood of parent or supervising adult “leading”). uses, permits, or encourages Medical evidence if available. the use of the child for If child tells you about evidence, purposes of sexual Child’s verbal account-if pictures, diaries, movies, magazines, stimulation of the competent. etc., get information as to where these perpetrator or another are kept and notify law enforcement so person. If child is not competent, hearsay that a search warrant may be statements child has made requested. admissible only if: -made to one of three (3) “P’s”— If child is very young and relates to physician, psychiatrist, touching, rule out touching for psychologist. legitimate reasons.

-fit the exception of Ask other witnesses, including “spontaneous declaration” made parents, about corroborating details. close in time to event to the first For example: if a child says father available person child can be would watch her during the day while expected to have told. mother worked, is this true?

History of parent or supervising Confront parents or caretaker with adult, or person allowed to be with evidence and as many details as child of sexually abusing this child possible (after the police have had a or other children. chance to get a search warrant and seize any evidence). Obtain parents’ version of events. Ask the parents, if parent are not together, about any pending or ongoing custody, visitation, or child support disputes.

3 8/09 Neglect Definition Types of Evidence Needed Sample Questions Medical Neglect: Medical Neglect: Medical Neglect: Parent or supervising Medical neglect may be Rule out cases where the parent is adult does not provide substantiated if, based on the withholding medical treatment solely on the child with “adequate evidence, it is more likely than not legitimate religious belief. medical care necessary that the child's well-being suffered for the child’s well- from a lack of medical care. How has the parent or caretakers acts or being.” Evidence of medical neglect may be omissions led to the child’s condition in found in medical documentation and your (the expert’s) opinion? Statute specifically statements from collateral contacts, states it is not neglect if including medical professionals. How, in you opinion, has the parent or parent is withholding caretakers acts or omissions placed the medical treatment on In court, medical neglect must be child’s health or well-being at risk? basis of legitimate proven by testimony from an expert religious belief. medical witness. This witness is In your opinion, is the parent providing usually a doctor but may be a nurse “medical care” necessary for the child’s or physicians assistant. well-being?

What are the likely consequences of (missed appointments, shots, failure to provide medication, etc.) on the child’s health?

If this is a case where the child has been diagnosed as “failure to thrive,” be sure to ask the physician several questions: 1. Have testes been done to rule out an organic cause for the child’s failure to thrive? If so, what were the results? 2. -If there is an organic cause, has parent been providing the care at home and medical care necessary for child’s well-being with this condition? 3. -If there is not an organic cause for failure to thrive, can you state an opinion, based on “reasonable medical probability” that child’s condition is due to the neglect of the parent or caretaker?

4 8/09 Physical Neglect: Physical Neglect: Physical Neglect: Parent does not provide Pictures of the home showing Testimony of witnesses, including as to the child with adequate conditions. the children, the condition of the home, care, supervision, food, appearance of children, food supply and clothing, shelter, Testimony of witnesses, including as supervision. necessary for the child’s to the children, the condition of the well-being. Can also be home, appearance of children, food abandonment. supply and supervision.

-Children living in Neglect or inadequate supervision homes where drug use can be: and trafficking is -allowing children to live in a home occurring. where domestic violence is Abuse of drugs or occurring. KRS 620 supports alcohol by parents as arguments in that the court may defined by KRS 222.005 consider in any proceedings a (12). KRS finding of DV, as defined in KRS 222.005(a)-“The 403.720 continued use despite knowledge of having a -parents repeatedly abandoning child persistent or recurrent or getting in trouble and going to jail social, legal , repeatedly. occupational, psychological or -parents moving or losing housing physical problem that is repeatedly. caused or exacerbated by use of alcohol, drugs or both.” Must still be able to show child is neglects.

-Parents or engaging in a pattern that renders the parent incapable of caring for the immediate and ongoing needs of the child including but not limited to, parental incapacity due to drug and alcohol abuse.

-Parents or continuously fail or refuse to provide essential parental case and protection.

5 8/09 Educational Neglect: Educational Neglect: Educational Neglect: When the school district Need accurate record of unexcused Question children as to why they are has exhausted its absences from the school board. missing school. They are usually a resources to correct the reliable source of the real reason. problem and complied Need documentation of prior attempts with its duties pursuant of either the school board or the Question parents, children and obtain to KRS 159.140 and the Cabinet to intervene with family in an prior criminal history to see if drug use neglect prevents the attempt to stop unexcused absences. is at the heart of the problem. child from attending school or receiving Question parents, child, and others about appropriate education. parent’s prior mental health history.

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