05-06 Child Abuse Flashcards
What is the Rationale?
This Procedure sets out the responsibilities of police officers during child abuse investigations, including sexual and physical abuse cases, and the responsibilities of the first officers on scene, supervisory officers, and investigators.
Child abuse investigations SHALL be conducted in accordance with
the “Protocol for Joint Investigations of Child Physical and Sexual Abuse: Guidelines and Procedures for a Co–
ordinated Response to Child Abuse in the City of Toronto”;
the Toronto Police Service Criminal Investigation Management Plan;
the Ontario Major Case Management Manual, where applicable;
the Chief Coroner’s memorandum on the protocol for the investigation of sudden and unexpected deaths in
children under five (5) years of age; and
the Chief Coroner’s memorandum on the protocol to be followed during the investigation of a sudden and/or
unexpected death of any child under 1 year of age (See R.O. 2012.12.31–1557).
Supervision -
Supervisory Officer attendance mandatory upon receiving a complaint of a suspected child physical or sexual abuse
Officer in Charge notification mandatory upon receiving a complaint of a suspected child physical or sexual abuse
Child & Youth Advocacy Centre (CYAC) -
The CYAC is a section of
Detective Operations – Sex Crimes (Sex Crimes). The CYAC promotes the protection of victims; provides advocacy, treatment and ongoing support.
Child & Youth Advocacy Centre (CYAC) - The CYAC is staffed by the Service’s designated child abuse investigators, working in collaboration with members of
the Catholic Children’s Aid Society, the Children’s Aid Society of Toronto, the SickKids Hospital’s Suspected Child Abuse and Neglect (SCAN) Program, Safe–T Program, Halton Trauma Center, and Boost Child Abuse Prevention and Intervention.
Child & Youth Advocacy Centre (CYAC) - The CYAC will investigate
physical assaults, emotional abuse, or neglect occurrences when the victim is under the age of sixteen (16) and the suspect is a caregiver, parent or a person in a position of trust or authority
physical assaults when the victim is under the age of sixteen (16) years and the suspect is a known adult
sexual offences when the victim is under the age of eighteen (18) years, the suspect is known and the offences are not within the mandate of the Sex Crimes investigative office
occurrences entitled Child in Need of Protection or Child Left Unattended.
Child & Youth Advocacy Centre (CYAC) - The CYAC SHALL be notified when investigating a ______. The attending Divisional Detective SHALL consult with a member of the CYAC prior to ______. An on-call child abuse investigator can be reached after hours through the _______.
sudden unexpected death of a child under the age of sixteen (16)
leaving the scene and/or conducting a formal interview of caregivers
Toronto Police Operations Centre (TPOC)
Child & Youth Advocacy Centre (CYAC) - Investigations on School Premises - If it is determined by the Team that it is in the best interest of the child, investigations may take place on school premises, without first notifying* the parents and in their absence when
the abuse is disclosed at school and reported immediately by school personnel to the Children’s Aid Society (CAS)
the abuse is disclosed outside the school and the Team wishes to interview the child at school
the abuse disclosure involves school personnel as an alleged offender
the abuse disclosure involves another child (student) as an alleged offender
subsequent to the initial investigation, police or child care protection workers need access to the child at school or child care setting as a continuation of this process.
* The parents SHALL be informed of any interview conducted without prior notification as soon as reasonably possible.
Child & Youth Advocacy Centre (CYAC) - Investigations on School Premises - The Team SHALL be responsible for informing the school principal, as soon as practicable, of the following
when parents have been informed of an interview conducted without their prior notification
if the investigation is delayed, indicating when the interview is expected to occur
the appropriate time that school personnel may resume contact with one or both parents
if the child is placed in the care of the CAS
whether child protection proceedings will be commenced
whether a criminal charge will be laid
the existence and terms of any court orders regarding access or contact with the child
any other information deemed necessary.
If the alleged offender is a school employee, consideration must be given by the Unit Commander or designate of the investigating unit as soon as practicable of notifying the respective Director of Education or designate, responsible individual or body. School officials SHALL be advised not to interview or advise the alleged offender prior to the police interview.
Child & Youth Advocacy Centre (CYAC) - Responsibility for All Investigations -
Where Abuse Took Place/Where Child Resides/Unit Responsible For Investigation:
Inside the City of Toronto, Inside the City of Toronto, Division where the incident occurred
Inside the City of Toronto, Outside the City of Toronto, Division where the incident occurred
Outside the City of Toronto, Inside the City of Toronto, Initial investigation by division receiving the complaint and forward the information to the police service concerned
Child & Youth Advocacy Centre (CYAC) - Responsibility for All Investigations - A Team response SHALL be required for all allegations of ________. Further, a Team response SHALL be required in all circumstances where a child has a _____
child abuse investigations, including sexual and physical abuse cases where the circumstances could include a Criminal Code (CC) violation and render the child in need of protection under the Child, Youth and Family Services Act (CYFSA); and when the alleged offender, whether adult or child, has some element of charge over the child victim
suspicious injury or other circumstances indicate that abuse cannot be ruled out as a possible causative factor.
Child & Youth Advocacy Centre (CYAC) -
Protection Services for sixteen (16) and seventeen (17) Year olds - On, 2018 January 01, Ontario increased the age of protection to include
all children under the age of eighteen (18) years. Children who are sixteen (16) or seventeen (17) years old, who believe they are in need of protection may be eligible to
enter into the new Voluntary Youth Services Agreement (VYSA), see Appendix C.
Child & Youth Advocacy Centre (CYAC) - Police Officer - When responding to a complaint of suspected physical or sexual abuse where interaction will be made with a child victim and/or child witness, all efforts SHALL be made at the outset to use a _____
non–uniformed child abuse investigator.
Child & Youth Advocacy Centre (CYAC) - Police Officer - The first police officer SHALL be responsible for the
safety and wellbeing of the victim, offender management and preservation of the evidence and the crime scene.
Child & Youth Advocacy Centre (CYAC) - Police Officer - Upon receiving a complaint of a suspected child physical or sexual abuse SHALL
also comply with Procedure 05–05 if sexual assault is alleged
also comply with Procedure 05–24 if child exploitation is alleged
interview the complainant briefly
except where physical injuries warrant immediate transfer to the nearest hospital, consult with the divisional child abuse investigator, or in their absence a divisional investigator to determine whether the circumstances of the child physical or sexual assault dictate that the victim be transported to a hospital or SCAN for victims under eighteen (18)
Any child or youth should be taken to ANY hospital emergency department (ER) immediately if the following exist
concerns of possible head injury or fracture
child is complaining of severe pain in the extremities
lack of movement, headache, vomiting, not feeding, dizziness, scalp swelling
inconsolable crying in an infant or excessive sleeping.
Child & Youth Advocacy Centre (CYAC) - Police Officer - Upon receiving a complaint of a suspected child physical or sexual abuse SHALL be guided by the Centre for Forensic Sciences (CFS) Police Submission Guidelines for the Sexual Assault Examination Kit (SAEK) (Appendix B) and the following, as appropriate
Time Since Incident/Officer Action:
Prepubertal (under 12) - within 72 hours, advise the victim/parent the importance of attending a hospital for medical evaluation to gather potential forensic evidence
after 72 hours*,contact SCAN to discuss if the victim/family require medical attention
Pubertal Adolescents (12 – 18) - within 12 days, advise the victim/parent the importance of attending a hospital for medical evaluation to gather potential forensic evidence
after 12 days, contact SCAN to discuss if the victim/family require medical attention
- consider potential to gather forensic evidence up to twelve (12) days since incident if suspected penile penetration of vagina
Child & Youth Advocacy Centre (CYAC) - Police Officer - Upon receiving a complaint of a suspected child physical or sexual abuse SHALL (2)
prior to attending SickKids ER or SCAN, the investigator SHALL notify the SCAN on-call clinician through the switchboard 416-813-7500
an on-call member of SCAN will collaborate with the investigator to determine if immediate transportation
to SickKids ER or SCAN is required
the phone consultation will facilitate planning next steps and determine if the victim ought to be
interviewed before or after the medical exam
with the noted timelines to collect evidence in mind, this collaboration will enhance efficiencies of the
investigation and reduce wait times of officers upon arrival at SickKids ER or SCAN
if transportation by ambulance is not necessary, consider the use of an unmarked vehicle when transporting the victim to a hospital
to reduce the necessity for the victim to recount the incident, accompany the victim to the treatment facility, and where operationally possible, wait for the victim until the completion of the medical examination at the hospital
in cases of child sexual assault, request the victim postpone voiding whenever possible until after the medical examination, but if voiding is necessary advise the victim to avoid wiping the genital area or to save the tissue for later submission with the sexual assault kit
advise the victim not to bathe or change their clothes until after the medical examination. If clothes are to be
changed, ensure clothes are seized for later submission with the sexual assault kit
secure the crime scene and preserve all physical evidence in compliance with Procedure 04–21
request that a supervisory officer attend the scene of the offence, where the victim is located, or any additional location deemed necessary
obtain personal information regarding the identities of all involved parties, from official documents if possible, to ensure accuracy (i.e. correct date of birth, spelling of name, maiden name, etc.)
notify the appropriate CAS and document all referrals in their memorandum book and the applicable eReport if a suspicion exists that a child may be in need of protection under the CYFSA
conduct a Person Query, including a CPIC and Canadian Firearms Registry On–line (CFRO) check
determine if the suspect/accused owns, possesses or has access to weapons, firearms, ammunition, explosives or the related authorizations licences, certificates or permits and comply with Procedure 05–21
consider using the search and seizure provisions contained in S. 117 CC to minimize any subsequent risk to the victim
obtain the information outlined in Chapter 5, Appendix A to help determine whether REASONABLE GROUNDS exist to BELIEVE there is a threat to safety
complete the applicable eReport in consultation with the designated investigator ensuring to record
all notifications made and attendance or non–attendance of supervisory personnel
the applicable information outlined in Chapter 5, Appendix A
A Firearms Interest Police (FIP) entry will be auto-generated from the eReport entry and uploaded to CPIC. The FIP database in CPIC flags an individual applying for a firearms licence who has committed, or threatened to commit, an act of violence. Such a flag is not an automatic refusal to issue a licence, but assists in the initial screening process or subsequent review by a Chief Firearms Officer.
complete the applicable MO Detail page
scan and attach all memorandum book notes and hardcopy reports to the original eReport
When REASONABLE GROUNDS exist SHALL arrest and/or charge the suspect and comply with the applicable procedures in Chapter 1
Supervisory Officer -
The supervisory officer SHALL be responsible for the
quality and thoroughness of the uniform response.
Supervisory Officer - Upon receiving a complaint of a suspected child physical or sexual abuse SHALL
attend at the scene of the offence, where the victim is located or any additional location deemed necessary
ensure the first police officer records the attendance or reason for non–attendance in the memorandum book and in the original eReport
ensure sufficient police officers are assigned
Designated Child Abuse Investigator / Primary Investigator -
The designated investigator SHALL be responsible for
ensuring the needs of the victim are met, effective management of the crime scene, including the gathering of evidence and that a thorough and comprehensive investigation is conducted.
Designated Child Abuse Investigator / Primary Investigator - Upon receiving notification of a suspected child physical or sexual abuse, or of a child with a suspicious injury or other circumstances which indicate that abuse cannot be ruled out SHALL
consult with Sex Crimes, if appropriate
notify the appropriate CAS and document all referrals in their memorandum book
Decisions regarding the safe placement of surviving siblings or other children who may be at risk are time sensitive. Collaborative information sharing facilitates timely decisions that will safeguard children who may potentially be at risk, while preserving the integrity of the criminal investigation.
When investigating an incident where REASONABLE BELIEF exits that an individual person, group of persons, or the public is at risk SHALL consider disclosure of personal information in accordance with the applicable sections of 17-04, Appendix A.
Disclosure may be made to a child protection agency or worker in circumstances where the Joint Protocol of Child Physical and Sexual Abuse does not apply.
ensure the applicable eReports are completed if a suspicion exists that a child may be in need of protection under the CYFSA
arrange to have the victim’s injuries, scene and/or evidence photographed
confer with the CAS worker exchanging all pertinent information where REASONABLE GROUNDS exist to SUSPECT that a child is/may be in need of protection and proceed to the scene
CAS workers are not legally able to disclose whether a suspect has been entered on the provincial child abuse registry. However, they may disclose history and patterns that may be relevant to the joint investigation.
comply with Procedure 17–04 when disclosing personal information, including cases where a joint protocol does not apply
Designated Child Abuse Investigator / Primary Investigator - When planning a Team investigation SHALL consider/investigate
the respective roles and responsibilities of Team members
the need to interview other children, witnesses, non–offending parents and/or persons having charge of the child, and alleged offenders, including the use of electronic recording equipment and R. v B.(K.G.) statements, in compliance with Procedure 04–32
where necessary, consider the suspect’s past conduct towards children, including making appropriate checks with other agencies in communities where the suspect previously resided
Designated Child Abuse Investigator / Primary Investigator - If the alleged child abuse fits the definition of a major case SHALL
take the role of and comply with the directions set out for the Primary Investigator in the Ontario Major Case Management Manual.
Designated Child Abuse Investigator / Primary Investigator -Upon arriving at the scene SHALL
take charge of the investigation
provide advice to the police officer completing the eReport
consider and exercise, where applicable, all powers of search and seizure, with and without warrant, relating to
weapons, firearms, ammunition, explosives and the related authorizations, licences, certificates or permits
notify Organized Crime Enforcement – Integrated Gun & Gang Task Force when firearms are or may be a factor
comply with Procedure 05–21 when firearms are or may be a factor
Designated Child Abuse Investigator / Primary Investigator - If the victim requires medical attention SHALL
except where physical injuries warrant immediate transfer to the nearest hospital, consult with the divisional child abuse investigator, or in their absence a divisional investigator to determine whether the circumstances of the child physical or sexual assault dictate that the victim be transported to a hospital or SCAN for victims under eighteen (18) years
Any child or youth should be taken to ANY hospital ER immediately if the following exist
concerns of possible head injury or fracture
child is complaining of severe pain in the extremities
lack of movement, headache, vomiting, not feeding, dizziness, scalp swelling
inconsolable crying in an infant or excessive sleeping
Designated Child Abuse Investigator / Primary Investigator - If the victim requires medical attention SHALL be guided by the CFS Police Submission Guidelines for the SAEK (Appendix B) and the following, as appropriate:
Time Since Incident/Officer Action:
Prepubertal (under 12) - within 72 hours, advise the victim/parent the importance of attending a hospital for medical evaluation to gather potential forensic evidence
after 72 hours*,contact SCAN to discuss if the victim/family require medical attention
Pubertal Adolescents (12 – 18) - within 12 days, advise the victim/parent the importance of attending a hospital for medical evaluation to gather potential forensic evidence
after 12 days, contact SCAN to discuss if the victim/family require medical attention
- consider potential to gather forensic evidence up to twelve (12) days since incident if suspected penile penetration of vagina
Designated Child Abuse Investigator / Primary Investigator - If the victim requires medical attention SHALL (2)
prior to attending SickKids ER or SCAN, the investigator SHALL notify the SCAN on-call clinician through the switchboard 416-813-7500
an on-call member of SCAN will collaborate with the investigator to determine if immediate transportation to
SickKids ER or SCAN is required
the phone consultation will facilitate planning next steps and determine if the victim ought to be interviewed before or after the medical exam
with the noted timelines to collect evidence in mind, this collaboration will enhance efficiencies of the
investigation and reduce wait times of officers upon arrival at SickKids ER or SCAN
if transportation by ambulance is not necessary, consider the use of an unmarked vehicle when transporting the victim to a hospital
to reduce the necessity for the victim to recount the incident, accompany the victim to the treatment facility, and where operationally possible, wait for the victim until the completion of the medical examination at the hospital
in cases of child sexual assault, request the victim postpone voiding whenever possible until after the medical examination, but if voiding is necessary advise the victim to avoid wiping the genital area or to save the tissue for later submission with the sexual assault kit
advise the victim that bathing and changing clothes is possible as soon as the medical examination is completed
take possession of forensic evidence from medical staff
comply with Procedure 04–21 when gathering and preserving evidence
ensure evidence is properly packaged and labelled in compliance with the applicable procedures in Chapter 9
Designated Child Abuse Investigator / Primary Investigator - When interviewing the victim or witness SHALL
if appropriate, conduct a Team interview with the victim in compliance with the existing protocol
electronically record the interview in compliance with Procedure 04–32, if appropriate
Designated Child Abuse Investigator / Primary Investigator - When interviewing the victim or witness SHALL attempt to ensure a neutral setting, with consideration being given to conducting the interview at a child–friendly facility. The following Centres can offer the investigator assistance in a child–friendly facility:
Name of Facility/Location/After Hours contact:
Child & Youth Advocacy Centre (CYAC)
Mandated Divisions listed above. Others call for availability - 245 Eglinton Avenue East, 2nd Floor 416-808-2922, On weekends or outside of the office hours of 0700-2200 hrs on weekdays, contact TPOC
The Gatehouse (room and support staff) 3101 Lakeshore Blvd. West 416–255–5900 Contact 22 Division after hours and on week–ends
SickKids Hospital, Suspected Child Abuse and Neglect (SCAN) 555 University Avenue 416–813–7500 Contact SCAN on-call clinician through switchboard
Designated Child Abuse Investigator / Primary Investigator - When interviewing the victim or witness SHALL (2)
offer to have a support person outside or inside the room during the interview, if appropriate given all circumstances including possible influence on the child
ensure the support person is advised that there is a possibility they may be subpoenaed as a witness
ensure electronic recordings are stored, copied or transcribed in compliance with Procedure 12–08
encourage the victim/complainant and non–offending caregiver to complete a Victim Impact Statement at the
appropriate stage of the court process in compliance with Procedure 04–24
If the CAS is not in attendance for an interview with a victim during the taking of an electronically
recorded statement, they may be permitted to view the recording at a later time.
Designated Child Abuse Investigator / Primary Investigator - When CAS requests a copy of an electronically recorded statement SHALL
instruct them to obtain a subpoena or Court Order.
Designated Child Abuse Investigator / Primary Investigator - When there is an additional/potential victim or witness to be interviewed SHALL
ensure each is interviewed separately and in private.
Designated Child Abuse Investigator / Primary Investigator - After interviewing the alleged offender and taking O.Reg. 265/98 into consideration SHALL
disclose the results of the interview to the CAS worker as soon as possible
inform the CAS worker whether criminal charges have been laid
caution the CAS worker not to release the information to any other person
Designated Child Abuse Investigator / Primary Investigator - If the interview of the alleged offender is delayed SHALL
inform the CAS worker of the investigation’s status.
Designated Child Abuse Investigator / Primary Investigator - Upon the Team determining the victim is in need of immediate protection SHALL
take the appropriate action in circumstances where leaving the child or siblings in the home may leave them at risk of further abuse
make every effort to remove the alleged offender, rather than the child from the home
Designated Child Abuse Investigator / Primary Investigator - In co–operation with the CAS, ensure an assessment of the risk to other children is completed in all cases following the death of a child where foul play is suspected.
Decisions regarding the safe placement of surviving siblings or other children who may be at risk are time sensitive. Collaborative information sharing facilitates timely decisions that will safeguard children who may potentially be at risk, while preserving the integrity of the criminal investigation.
When investigating an incident where REASONABLE BELIEF exits that an individual person, group of persons, or the public is at risk SHALL consider disclosure of personal information in accordance with the applicable sections of 17-04, Appendix A.
Disclosure may be made to a child protection agency or worker in circumstances where the Joint Protocol of Child Physical and Sexual Abuse does not apply.
Designated Child Abuse Investigator / Primary Investigator - When laying a criminal charge SHALL consider
contacting all persons known to police who may provide the accused access to firearms or related authorizations, licences, certificates or permits
applying for a prohibition or seeking a revocation where REASONABLE GROUNDS exist to believe it is not desirable in the interests of safety for the offender to possess weapons
including a term of “no contact with the victim” and any other child potentially at risk, if recommending release conditions
Designated Child Abuse Investigator / Primary Investigator - Refer the victim to the ______ for court preparation and where available, to the______ for court support.
Child Victim Witness Support Program
Victim/Witness Assistance Program
Designated Child Abuse Investigator / Primary Investigator - Prior to the first court appearance of the accused SHALL
ensure the crown attorney is notified of the facts of the case, including the child’s capacity to testify
arrange a meeting between the child/witness and the crown attorney
ensure the child, non–offending caregiver and the CAS worker are kept informed of any conditions of bail, civil
order or any other pertinent information relating to the case, including bail variations
Where an arrest occurs from a joint investigation, in addition to your notification responsibilities to the complainant or victim, SHALL provide the CAS counterpart with a scanned copy of the Undertaking to an OIC, Recognizance of Bail or Probation Order which outlines the bail status and conditions. Advise the CAS counterpart to be aware that conditions can be varied at subsequent court appearances.
The only exception to providing a copy to CAS would be in the case of the accused being a young person. That youth record SHALL not be shared.
Designated Child Abuse Investigator / Primary Investigator - Complete and submit a______ report in compliance with Procedure 05–19, where applicable.
Violent Crime Linkage Analysis System (ViCLAS)
Officer in Charge -
The Officer in Charge is responsible for
ensuring an appropriate uniform response, and in the absence of the detective sergeant, an appropriate investigative response.
Officer in Charge - Upon receiving notification of a case of suspected child physical or sexual abuse, or circumstances where child abuse cannot be ruled out, SHALL
contact the CYAC to request a designated investigator
ensure the eReport number is
‒ distributed in accordance with unit policy
‒ provided to the divisional detective office where the offence took place, if applicable.
Officer in Charge - At the time of booking a prisoner and before considering release, SHALL ensure
all reasonable inquiries have been made into the possession by an accused of weapons, firearms, ammunition, explosives, authorizations, licences, permits, certificates, Firearms Acquisition Certificate, etc.
such items are surrendered before release to enhance the safety of the victim
Definitions - Child Abuse
no person having charge of a child SHALL
inflict abuse (physical, sexual or sexual exploitation) on the child; or
by failing to care and provide for or supervise and protect the child adequately,
- permit the child to suffer abuse or
- permit the child to suffer from a mental, emotional or development condition that, if not remedied, could
seriously impair the child’s development. [Source: Child, Youth and Family Services Act ss.136 (1)(2)]
Definitions - Child Physical Abuse
where the circumstances could be a violation of the Criminal Code and/or render the child in need of protection under the Child, Youth and Family Services Act, and where the alleged abuser (whether adult or child) has responsibility for the care of the child victim. Child Physical Abuse refers to an offence where a child is victimized by an abuser and includes all of the following:
physical assaults, emotional abuse, or neglect occurrences when the victim is under eighteen (18) years of age and the suspect is a caregiver, parent or a person in a position of trust or authority;
abductions when the victim is under the age of sixteen (16) years of age;
occurrences entitled Child in Need of Protection or Child Left Unattended
homicides when the victim is under the age of eighteen (18) years and the suspect is a caregiver, parent, or person in a position of trust or authority
physical offences when the victim is under the age of eighteen (18) years and there are clear developmental
differences between the victim and the suspect.
Definitions - Child Sexual Abuse
means the use of a child by an adult for sexual purposes, whether or not consent is alleged to have been given, which could be a violation of the Criminal Code and/or could place a child in need of protection under the Child, Youth and Family Services Act. Child sexual abuse can include:
incest;
acts of exposure;
sexual touching;
sexual intercourse;
sexual molestation;
inappropriate sexual language;
sexual harassment;
exhibitionism;
exploitation of child for pornography or prostitution.
Definitions - Designated Child Abuse Investigator
means a specially trained police officer who is responsible for the criminal investigation of child sexual and physical abuse cases.
Definitions - Designated Children’s Aid Society Worker
means a trained Children’s Aid Society specialist who is responsible for the child protection investigation and the protection of the child.
Definitions - Team (Child Abuse Investigation)
means a designated Child Abuse Investigator and a Children’s Aid Society specialist, who SHALL conduct interviews together and communicate at every stage of the investigation.
