Child Sexual and Physical Abuse Investigation Protocols for Pierce County Washington Table of Contents
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Revised June 2012 CHILD SEXUAL AND PHYSICAL ABUSE INVESTIGATION PROTOCOLS FOR PIERCE COUNTY WASHINGTON TABLE OF CONTENTS Mission Statement ................................................................................ I. Definitions ............................................................................................. II. Agency Roles and Responsibilities ..................................................... 1. Law Enforcement ........................................................................ a. Suspect interviews b. Protective custody 2. Child Protective Services ............................................................ 3. Emergency Medical Services ..................................................... 4. Medical Providers ...................................................................... 5. Medical Examiner ......................................................................... 6. Prosecuting Attorney ................................................................... 7. Attorney General’s Office ............................................................ 8. Mary Bridge Children’s Hospital and Health ................................ Center Children’s Advocacy Center/Child Abuse Intervention Department a. Joint Investigations 9. School ......................................................................................... 10. Crystal Judson Family Justice Center ........................................ 11. Sexual Assault Center for Pierce County ................................... 12. Comprehensive Life Resources ................................................. III. Child Interviews ................................................................................... a. Forensic interviews b. Safety interviews 2 IV. Medical Evaluation, Evidence, and Treatment .................................... Therapeutic Intervention a. Victim Support and Advocacy V. Complex Cases ................................................................................... VI. Information Sharing ............................................................................. VII. Case Closure ....................................................................................... VIII. Dispute Resolution .............................................................................. IX. RCW Appendix .................................................................................... X. Contacts .............................................................................................. XI. Signatures ........................................................................................... 3 Children’s Advocacy Center of Pierce County Mission Statement To reduce the traumatization and enhance safety of child abuse victims and their families by facilitating a collaborative, multidisciplinary approach to prevention, investigation, prosecution and treatment of child abuse. The expected outcome of this multi-disciplinary team approach will be a reduction in the number of interviews of the victim, more consistent and skilled provision of services, increased efficiency and success in prosecution, reduced duplication of efforts by community agencies, and protection of child victims. Therefore, the undersigned agree to the following protocol: 4 SECTION 1 5 I. Definitions For the purpose of this protocol: • Child abuse refers to neglect, and/or physical or sexual abuse of children. • Offender refers to an adult or juvenile. • Child or victim will be used interchangeably. • CAC refers to the Children’s Advocacy Center of Pierce County, located at 1112 S. 5th Street Tacoma, WA 98405. Children’s Advocacy Center means a child- focused facility in good standing with the state chapter for children’s advocacy centers and that coordinates a multidisciplinary process for the investigation, prosecution, and treatment of sexual and other types of child abuse. Children’s advocacy centers provide a location for forensic interviews and coordinate access to services such as, but not limited to, medical evaluations, advocacy, therapy, and case review by multidisciplinary teams within the context of county protocols as defined in RCW.26.44.180 and 26.44.185 as defined by House Bill 2596. • CAID refers to the Child Abuse Intervention Department at Mary Bridge Children’s Hospital. • CPS (Child Protective Services) refers to all DCFS and DLR social workers assigned to the investigation, and to Puyallup Tribal Child Protective Services. • LE or Law Enforcement refers to any law enforcement agency such as local police departments, the State Patrol, the Director of Public Safety, and the Office of the Sheriff, under RCW 26.44.020(2), the Prosecuting Attorney, and to federal law enforcement agencies, Puyallup Tribal Police Department, United States Army Crimination Investigation Command, and the Air Force Office of Special Investigations. • EMS or Emergency Medical Services refers to a network of personnel, equipment, and resources established for the purpose of delivering basic life support (BLS) and advanced life support (ALS) care to the citizens of our community. The network includes municipal fire departments, county fire districts, private ambulance, and military EMS providers. • ME refers to the Pierce County Medical Examiner, the Assistant Medical Examiners and Investigators. • MAMC SWs refers to all state licensed/certified or nationally certified social workers, psychologists, and marriage and family therapists, privileged to practice by Madigan Army Medical Center, employed by the Department of the Army, and assigned to investigate allegations of child abuse and neglect. • MDT refers to a multidisciplinary team approach to the investigation of child abuse cases. • PA, PAO or Prosecuting Attorney refers to the elected Pierce County Prosecuting Attorney, and his/her Deputy Prosecutors, the Municipal Court Prosecutors, the Puyallup Tribal Prosecutor, military Judge Advocates, and the United States Attorney for Western Washington, and his/her Assistants. • Medical Provider refers to licensed, registered or certified medical practitioners including physicians, nurses, nurse practitioners or physician assistants that practice in a variety of settings to include primary care, emergency departments, clinics, hospitals or private practice. 7 • Child Forensic Interview refers to the information gathering process used to investigate allegations of physical or sexual abuse. This process is also used to explore possible evidentiary statements when a child has witnessed a violent crime such as homicide. Child Forensic Interviews in Pierce County are qualified under RCW 74.14B.010 and 43.101.224. • Safety interviews refer to the information gathering process generally limited to assessing the overall safety and welfare of the child and assessing the alleged perpetrator’s access to the child. • FNES refers to Forensic Nurse Examiner Services operated by MultiCare Health System. 8 SECTION 2 9 10 II. Agency Roles and Responsibilities 1. Law Enforcement Local Law Enforcement For complaints made directly to local law enforcement agencies, customarily a patrol officer is dispatched to assess the situation. Initial considerations include: safety of the child, and whether a crime potentially has been committed. If the child’s safety is deemed to be at imminent risk, the child will be taken to a safe place, which may include protective custody with Child Protective Services. If the complaint warrants action but is not criminal in nature, the matter will be referred to CPS, together with a general police report, within 72 hours. If the complaint warrants no action, and is deemed unfounded, the general report will reflect this disposition. If a crime was potentially committed, a preliminary investigation will be conducted, including evidence collection, witness interviews, and possible detention of a suspect. If an immediate arrest occurs, a detective will be assigned for follow-up, and the case will be referred to the Prosecutor’s Office by the next business day. If no immediate arrest is made, a detective/agent will be assigned for follow-up investigation, and coordination with other agencies. Because these cases are a high priority as demonstrated by RCW 10.46.085, detective assignments should be made as soon as practicable. If the suspect is in a position of having contact with children or working with children, law enforcement should notify the employer as practicable without endangering the integrity of the investigation. If a child forensic interview is necessary, law enforcement will comply with section III of the protocol pertaining to child interviews. Any law enforcement agency receiving a report of an incident of alleged abuse or neglect pursuant to this chapter, involving a child who has died or has had physical injury or injuries inflicted upon him or her other than by accidental means, or who has been subjected to alleged sexual abuse, shall report such incident in writing as provided in RCW 26.44.040 to the proper county prosecutor or city attorney for appropriate action whenever the law enforcement agency's investigation reveals that a crime may have been committed. The law enforcement agency shall also notify CPS of all reports received and the law enforcement agency's disposition of them. In emergency cases, where the child's welfare is endangered, the law enforcement agency shall notify CPS within twenty-four hours. In all other cases, the law enforcement agency shall notify CPS within seventy-two hours after a report is received by the law enforcement