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 one (1) year of age (See R.O. 2012.12.31–1557).
What is the Supervision?
- Supervisory Officer attendance mandatory upon receiving a complaint of a suspected child physical or sexual abuse
- Officer in Charge (OIC) notification mandatory upon receiving a complaint of a suspected child physical or sexual abuse
Procedure
Child & Youth Advocacy Centre (CYAC)
The CYAC is a sub-section of Detective Operations – Sex Crimes (Sex Crimes). The CYAC promotes the protection of victims; provides advocacy, treatment and ongoing support. 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, Radius Child and Youth Services, and Boost Child Abuse Prevention and Intervention. 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.
The CYAC SHALL be notified when investigating a sudden unexpected death of a child under the age of sixteen (16). The attending Divisional Detective SHALL consult with a member of the CYAC prior to leaving the scene and/or conducting a formal interview of caregivers. An on-call child abuse investigator can be reached after hours through the Toronto Police Operations Centre (TPOC).
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 childcare protection workers need access to the child at school or childcare setting as a continuation of this process.
The parents SHALL be informed of any interview conducted without prior notification as soon as reasonably possible.
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.
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 occured
Inside the City of Toronto - Inside the City of Toronto
Division where the incident occured
Outside the Cirty of Toronto-
Inside the City of Toronto
Initial investigation by division receiving the complaint and forward the information to the police service concerned
Protection Services for sixteen (16) and seventeen (17) Year olds
On_____ 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.
January 1, 2018,
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. 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.
Police Officer
Upon receiving a complaint of a suspected child physical or sexual abuse SHALL
- 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) years of age
- Any child or youth should be taken to ANY hospital emergency department (ER) immediately if the following exist
o concerns of possible head injury or fracture
o child is complaining of severe pain in the extremities
o lack of movement, headache, vomiting, not feeding, dizziness, scalp swelling
o inconsolable crying in an infant or excessive sleeping.
- 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
Prepubertal
(under 12)
Time Since Incident within seventy-two (72) hours*
advise the victim/parent the importance of attending a hospital
* for medical evaluation
* to gather potential forensic evidence
Time Since Incident after seventy-two (72) hours*
contact SCAN to discuss if the victim/family require medical attention
Pubertal Adolescents
(12 – 18)
Time Since Incident within twelve (12) days
advise the victim/parent the importance of attending a hospital
* for medical evaluation
* to gather potential forensic evidence
Time Since Incident after twelve (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
- prior to attending SickKids ER or SCAN, the investigator shall notify the SCAN on-call clinician through the switchboard 416-813-7500
o an on-call member of SCAN will collaborate with the investigator to determine if immediate transportation to SickKids ER or SCAN is required
o the phone consultation will facilitate planning next steps and determine if the victim ought to be interviewed before or after the medical exam
o 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
- 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
- consider using the search and seizure provisions contained in S. 117 CC to minimize any subsequent risk to the victim
- obtain the information 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
o all notifications made and attendance or non–attendance of supervisory personnel
o complete the applicable MO Detail page
o 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
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 procedures.
- 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.
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
- 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
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
o concerns of possible head injury or fracture
o child is complaining of severe pain in the extremities
o lack of movement, headache, vomiting, not feeding, dizziness, scalp swelling
o inconsolable crying in an infant or excessive sleeping
Designated Child Abuse Investigator / Primary Investigator
- be guided by the CFS Police Submission Guidelines for the SAEK (Appendix B) and the following, as appropriate
Prepubertal
(under 12)
Time Since Incident
within seventy-two (72) hours
Officer Action
advise the victim/parent the importance of attending a hospital
* for medical evaluation
* to gather potential forensic evidence
Time Since Incident
after seventy-two (72) hours*
contact SCAN to discuss if the victim/family require medical attention
Pubertal Adolescents
(12 – 18)
Time Since Incident
within twelve (12) days
Officer Action
advise the victim/parent the importance of attending a hospital
* for medical evaluation
* to gather potential forensic evidence
Time Since Incident
after twelve (12) days
contact SCAN to discuss if the victim/family require medical attention
Designated Child Abuse Investigator / Primary Investigator
Consider potential to gather forensic evidence up to twelve (12) days since incident if suspected penile penetration of vagina
- 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 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 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
- ensure evidence is properly packaged and labelled in compliance with procedures
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
- 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
- encourage the victim/complainant and non–offending caregiver to complete a Victim Impact Statement at the appropriate stage of the court process
- 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
- 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
Child & Youth Advocacy Centre
(CYAC)
Mandated Divisions listed above. Others call for availability
245 Eglinton Avenue East, 2nd Floor
416-808-2922
After Hours contact
On weekends or outside of the office hours of 0700-2200 hrs on weekdays, contact TPOC
Name of Facility
The Gatehouse (room and support staff)
3101 Lakeshore Blvd. West
416–255–5900
After Hours contact
Contact 22 Division after hours and on weekends
Name of Facility
SickKids Hospital,
Suspected Child Abuse and Neglect (SCAN)
555 University Avenue
416–813–7500
After Hours contact
Contact SCAN on-call clinician through switchboard
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.
