If you have issues viewing or accessing this file, please contact us at NCJRS.gov. /&'~ q 70 Investigating Fatal Child Abuse and Neglect Performed Under Contract Fox Valley Technical College Criminal Justice Department Appleton, Wisconsin Acknowledgments The Investigating Fatal Child Abuse and Neglect training program was jointly developed by the United States Department of Justice, Office of Juvenile Justice and Delinquency Prevention and Fox Valley Technical College, Appleton, Wisconsin. Contributors Daniel Armagh Director of Legal Education National Center for Missing and Exploited Children 699 Prince Street Alexandria, VA 22314 703-837-6337 [email protected] Peter Banks Director of Training and Outreach National Center for Missing and Exploited Children 699 Prince Street Alexandria, VA 22314 703-837-6209 [email protected] Police Specialist Arthur Bohanan Knoxville Police Department Criminal Investigation Division 800 East Church Avenue SE Knoxville, TN 37915 423-637-5590 [email protected] Keith Burt Deputy District Attomey San Diego County District Attomey 330 W. Broadway, Suite #1300 San Diego, CA 92101 619-531-4394 [email protected] Deputy Director Ed Duvall Ohio Department of Public Safety Investigative Unit 1970 West Broad Street Columbus, OH 43223 614-644-2415 [email protected] Ina Femandez Supervisor Prevention Services Fairfax County Department of Family Services 12011 Government Center Parkway Fairfax, VA 22035 703-324-7922 [email protected] J. Patrick Finley OJJDP Program Manager Fox Valley Technical College Criminal Justice Grants Department 1825 North Bluemound Drive Appleton, WI 54912 800-648-4966 [email protected] Detective Brian Killacky Chicago Police Department Cold Case Homicide Unit 3510 S. Michigan Avenue, 4'" Floor SE Chicago, IL 60653 312-745-6034 [email protected] Ronald Laney Director Child Protection Division Office of Juvenile Justice and Delinquency Prevention 810 7 'h Street NW Washington, DC 20531 202-616-3637 [email protected] Dr. Robert Reece Clinical Professor of Pediatrics Tufts Unversity of Medicine 399 Boylston Street Boston, MA 02116 617-587-1512 [email protected] Chief Bradley Russ Portsmouth Police Department 3 Jtmkins Avenue Portsmouth, NH 03801 603-427-1500 [email protected] Lieutenant Bill Walsh Dallas Police Department Youth & Family Support Division 106 S. Harwood Street, Room 225 Dallas, TX 75201 214-670-5936 [email protected] INVESTIGATING FATAL CHILD ABUSE AND NEGLECT Agenda Day One 8:00 a.m. - 8:30 a.m. Welcome Announcements Introduction of Students 8:30 a.m. - 12:00 noon Overview of Fatal Child Abuse and Neglect This module will provide the students with information on an overview of fatal child abuse and neglect. This will include a review of current statistics and the reasons why true prevalence of fatal maltreatment is probably underestimated. The differences between fatal maltreatment and typical homicides will be discussed. The most common type of fatal child abuse and fatal neglect cases will be illustrated using case examples. Sudden Infant Death Syndrome will be discussed. 12:00 noon - 1:00 p.m. Lunch Break 1:00 p.m. - 4:30 p.m. Continuation of Overview of Fatal Child Abuse and Neglect Day Two 8:00 a.m. - 12:00 noon Investigation of Fatal Child Abuse and Neglect This module will provide the students with information on the investigation of fatal child abuse and neglect. This will include information on the initial response as well as the subsequent interviews of witnesses and medical professionals. The importance of report writing and courtroom testimony will be discussed. Actual case examples will be used to demonstrate the learning objectives. 12:00 noon - 1:00 p.m. Lunch Break Day Two (continued) 1:00 p.m. - 2:00 p.m. Continuation of Investigation of Fatal Child Abuse and Neglect 2:00 p.m. - 2:15 p.m. Break 2:15 p.m. - 4:30 p.m. Crime Scene and Forensic Evidence This module will demonstrate the forensic evidence found at the crime scene, at the death location, and the vehicles used to transport the child. The evidence value will be demonstrated to help solve the cases. Day Three 8:00 a.m. - 10:00 a.m. The Role of CPS in Child Fatality and Homicide Investigations This module will provide discussion on the role of Child Protective Services in the investigation of child fatality and homicide investigations and demonstrate the importance of conducting joint investigations between law enforcement and social work. This module will also illustrate the necessity for open communication and dialog between all agencies involved in a multi-disciplinary approach to the service provision and prosecution of such cases. 10:00 a.m. -10:15 a.m. Break 10:15 a.m. -12:00 noon Conducting Interviews and Interrogations in Child Fatality Cases This module will discuss investigative techniques and strategies necessary for building a solid criminal case against the perpretrator. The instructor will provide the students with an overview and understanding of the problems and dynamics encountered by investigators in child fatality investigations. Topics to be covered include: Miranda vs. non-Miranda issues, custodial vs. non-custodial interviews, methology of detailed fact gathering to which helps establish care, custody and control issues, taped interviews vs. non- taped interviews, themes of interviews to pursue, documenting inconsistences, and recognizing clinical indicators during the interview. 12:00 noon - 1:00 p.m. Lunch Break Day Three (continued) 1:00 p.m. - 2:00 p.m. Continuation of Conducting Interviews and Interrogations in Child Fatality Cases 2:00 p.m. - 2:15 p.m. Break 2:15 p.m. - 4:30 p.m. Medical Aspects of Child Fatality Investigations The instructor will describe the basic anatomy of the various organ systems, the bio-mechanical nature of injuries to these organs, and the approach to distinguishing between accidental and inflicted injuries. By looking at the medical reasons for child deaths, the instructor will describe the approach to recognizing and diagnosing child fatalities. The instructor will explain the significance of the findings at autopsy of child victims of abuse and neglect. Day Four 8:00 a.m. - 12:00 noon Continuation of Medical Aspects of Child Fatality Investigations 12:00 noon - 1:00 p.m. Lunch Break 1:00 p.m. - 4:30 p.m. Prosecution of Child Fatalities The instructor will present issues (common and not so commom) arising from the investigation and prosecution of fatal child abuse and neglect cases. This module will demonstrate the significance of the prosecutor- investigator team in child fatality investigations and the relationship between the prosecutor and child support consituencies. It will also cover salient aspects of child fatality prosecutions from investigation through trial and sentencing. Day Five 8:00 a.m.- 10:00 a.m. Continuation of Prosecution of Child Fatalities 10:00 a.m.- 10:15 a.m. Break Day Five (continued) 10:15 a.m.- 11:45 a.m. Case Management and Model Approaches to Inter-Agency Collaboration This module is designed to provide students with information and model approaches to aid them in the development of internal and community based collaborative systems to improve their response to a wide range of child protection issues. While child fatalities represent an important area for cooperation between agencies, this module expands the students' focus to include a wide range of child protection issues that should be imcorporated into a comprehensive community-based collaborative approach. 11:45 a.m. - Evaluations Closing In order to receive the attendance certificate, participants are expected to participate in all sections. Any exceptions to this policy must be approved by the Fox Valley Technical College representative on site. Fox Valley Technical College 800-648-4966 INVESTIGATING FATAL CHILD AB USE AND NEGLECT Table of Contents 1. Overview of Fatal Child Abuse and Neglect 2. Investigation of Fatal Child Abuse and Neglect 3. Crime Scene and Forensic Evidence 4. The Role of CPS in Child Fatality and Homicide Investigations 5. Conducting Interviews and Interrogations in Child Fatality Cases 6. Medical Aspects of Child Fatality Investigations 7. Prosecution of Child Fatalities 8. Case Management and Model Approaches to Inter-Agency Collaboration INVESTIGATING FA TIlL CHILD ABUSE AND NEGLECT Mission Statement The purpose of this training is to provide professionals from law enforcement, child protective services, victim witness, child advocacy centers, medical/nursing/EMS, prosecutorial/legal, and coroner/justice of peace/medical examiner with comprehensive training on the detection, intervention, investigation, and prosecution of cases involving fatal child abuse and neglect. Overview of Fatal Child Abuse and Neglect Investigating Fatal Child Abuse and Neglect Presented by Lt. Bill Walsh Dallas Police Department Morn charged with killing 2 girls Morn Pleads Guilt3, To Killing Her 6 Cbildren Man Held In Death Father Charged In S]aying Of Girl, 6 Of Toddler i' Mother receives 20 years in toddlers death 13aby batl~ed35 years in Son's death in scalding Child abuse deaths up water dies 71% in '98, study finds A Nation's Shame Abuse Fatalities - 2000 us Disabilities - 18,000 ions Injury - 141,700 ubstantiated Cases ,f CA & N - 992,617 Reports of CA & N -2.9 million A Nation's Shame Child Abuse ~ / Falls and Neglect -- / /~~ Choking / ~-- Suffocation Accidents \"- ~ Fires Overview of Child Maltreatment .From 1993-97 -overall crime rate decreased 21% -reports of child abuse increased by 8% Overview of Child Maltreatment * National Crime Victimization Study * per 1,000 U.S. households: -8 aggravated assaults -13 car thefts -4.2 robberies - 1.5 rapes -47 child abuse incidents *1~8 Overview of Fatal Abuse • Estimated that 1200 children die of abuse or neglect per year (some say 2000 per year) • Approximately 4 children per day -75 % are less than 4 yrs. old -40 % are less than 1 yrs. old ralde 3 Brcakdowo af Child Hld~ Fshtlh~J: % Di~trib~t~a by Catzpry 1996 1999 199S AverSe" Prior o¢ Cetera Conza~ with CPS ':~ 42% 41% 36% .
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