CMAS - L04 Cross Reporting & MDT Flashcards
CPS vs Law Enforcement
child protective services are most concerned with those who are in the caregiver role of the child. If the person who perpetrated the act does not fall within a caregiver role (stranger, child’s boyfriend/girlfriend, or child’s peer), it may be investigated only by law enforcement.
Perpetrator under age
if the perpetrator is under a specific age and cannot be criminally charged, law enforcement is not going to be involved in the investigation. While that is stated, each entity may assist one another as necessary.
National Goals for Child Protections
- Safety
- Permanency
- Child well-being
National Goals for Child Protections
- Safety
- Permanency
- Child well-being
Stages of child protection
* Identification
* Report
* Intake
* Screen In
* Initial assessment/investigation
- Family assessment
- Planning
- Evaluating change
CPS must complete investiagtion is what time frame?
30-60 days
Law Enforcement however has significant amount of time
Law Enforcement conducts investiagtion in two phases
- Preliminary investigation - PATROL officer
- Follow-up investigation - criminal investigator or detective
Follow-up investiagtion works with MDT
CPS workers require a WHAT to have a child removed from their home.
Law enforcement has the ability to take protective custody of a child if there is a potential risk of harm to the child.
Court Order
Perfect Victim
Children can’t protect themselves
Don’t tell anyone
Don’t want offender punsihed (emotional bond)
No conclusive medical evidence
legal issues governing child testimony
Cross judicial lines
Children viewed as less creidble
Law Enforcement’s role
It spans the entire case from the initial call, through the investigation, to the court proceedings. Law enforcement officers investigate and determine if a criminal law has been violated; identify and apprehend the offender; file appropriate criminal charges; and provide guidance and
support to the child, family, and other agencies involved. Law enforcement’s response needs
to be constant and consistent.
Prosecutors are members of the
Multidisciplinary Team (MDT)
Prosecutors are responsible for identifying and filing charges against the identified suspect in the child abuse case.
Alleged victims of child sexual abuse must be referred to the
Children’s Advocacy Center (CAC) for a forensic interview and medical exam
Substantiated
Child Protective Services – Outcomes
The disposition that concludes the allegations of maltreatment or risk of maltreatment is supported or founded by state law or policy.
preponderance of evidence
Indicated
Child Protective Services – Outcomes
A disposition that concludes maltreatment could not be substantiated under state law or policy, but there is reason to suspect that at least one child may have been maltreated or is at risk of maltreatment.
This disposition is applicable only to states that distinguish between substantiated and indicated dispositions. (Pennsylvania is one of those states).
preponderance of evidence
Unsubstantiated/Unfounded
Child Protective Services – Outcomes
The disposition that concludes there is not sufficient evidence under state law to conclude or suspect that the child was maltreated or at-risk of being maltreated.
Closing with No Findings
Child Protective Services – Outcomes
A disposition that does not conclude with a specific finding because Child Protective Services (CPS) response could not be concluded.
This disposition is often assigned when CPS is unable to locate the alleged victim.
No alleged maltreatment
Child Protective Services – Outcomes
A disposition for a child who receives a CPS response but is not the subject of an allegation or any finding of maltreatment.
Some states have laws requiring all children in a household receive a CPS response if any child in the household is the subject of a CPS response.
Charges Filed
Law Enforcement – Outcomes
Law enforcement must use the crime codes as a basis for making their decision if a crime has occurred
the investigation has produced evidence and statements indicating a crime was committed and the identified suspect is the individual responsible for having committed a crime as defined by the criminal code dictated by state or federal law.
No Charges Filed/Case is Closed
Law Enforcement – Outcomes
The investigation has not produced evidence or statements that would indicate a crime was committed that meets the criminal codes as dictated by state or federal law.
Guilty
Prosecution – Outcomes
a formal determination, either made by a judge, or jury or through the admission of guilt by the** defendant (suspect/perpetrator)**. If found guilty, the defendant will be sentenced to either jail or prison depending on the charges they were found guilty of and the time they will be sentenced.
Not guilty
Prosecution – Outcomes
a formal determination in which the** judge or jury **has decided the defendant is not guilty of having committed a crime.
For law enforcement, the allegation must meet the state’s criminal code and for
child protective services, the alleged maltreatment must meet the state’s definition of maltreatment for them to be involved.
