Special Investigation Topics: Child Abuse & Neglect

1. Special Investigative Topics (#3232)UNIT ONECHILD ABUSE & NEGLECT Revised: August 2013 George D. Little, CCPS Primary Instructor Deputy Chief INTEL, Homeland Security & TRAINING BCCO PCT #4 PowerPoint

2. ADMINISTRATIVE • Please complete the BCCO PCT #4 Registration form and turn it in now. • Make sure you sign TCOLE Report of Training (PID#, Full Name and DOB). • All cell phones off please – pay attention to course materials and show common respect & courtesy. • Listen, takes notes and ask questions.

3. Your Instructor – Course Facilitator and Mentor Trainer Deputy Chief George D. Little A.S. & B.S. Criminal Justice & Sociology B.S.CJ Wayland Baptist University, San Antonio M.S. Criminology & Counter-Terrorism University of the State of New York(P) 2012 T.C.O.L.E. Professional Achievement Award Certified Crime Prevention Specialist (C.C.P.S.) TCOLE Basic Instructor Certificate 1984 TCOLE Advanced Instructor 2012 TCOLE Master Peace Officer 1991 MP Special Operations Operator Counter-Terrorism 1988 Military Police Investigations (MPI) & Criminal Investigation Division (CID) Special Agent Graduate Drug Enforcement Administration Academy 1977 43- years Law Enforcement Experience 39-Years Teaching & Instructor Experience

4. Special Investigation Topics Course Overview UNIT ONE: Child Abuse & Neglect UNIT TWO: Family Violence UNIT THREE: Sexual Assault UNIT FOUR: Sex Offender Characteristics

5. FORWARD This curriculum is designed to meet the continuing education requirements of Texas Government Code 415.034 for peace officers in the State of Texas. This course includes: Child Abuse and Neglect, Family Violence, Sexual Assault and issues concerning Sex Offenders. Within each section are learning objectives for the course including the updates passed by the 83rd Legislative Session in 2012. Some of the legislative updates passed will be repeated throughout each topic area because they are applicable.

6. UNIT ONE To provide the officer an understanding of Child Abuse & Neglect and those key changes within the different Texas Codes that may impact on your performance in the critical areas of child abuse and neglect

7. Child Abuse & NeglectLearning Objectives • Learning Objective 1.1: The student will be able to define Child Abuse & Neglect in accordance with Chapter 261 of the Texas Family Code. • Learning Objective 1.2: The student will be able to list national and state statistics surrounding Child Abuse & Neglect. • Learning Objective 1.3: The student will be able to list and describe theories about the causes of child abuse and neglect. • Learning Objective 1.4: The student will be able to list methods of reporting and documenting child abuse/neglect by photographs.

8. Child Abuse & NeglectLearning Objectives • Learning Objective 1.5: The student will be able to describe when a joint investigation with Child Protective Services is required and identity requirements for protocols between law enforcement and Child Protective Services. • Learning Objective 1.6: The student will be able to describe legislative updates passed during the 80th Legislative Session that are relevant to Child Abuse & Neglect.

9. 1.1 CHILD ABUSE & NEGLECT DEFINED A. Child Abuse defined: 1. Mental or emotional injury to a child that results in an observable and material impairment in the child's growth, development, or psychological functioning;

10. A. Child Abuse defined: • Causing or permitting the child to be in a situation in which the child sustains a mental or emotional injury that results in an observable and material impairment in the child's growth, development, or psychological functioning; 

12. A. Child Abuse defined: • Physical injury that results in substantial harm to the child, or the genuine threat of substantial harm from physical injury to the child, including an injury that is at variance with the history or explanation given and excluding an accident or reasonable discipline by a parent

13. A. Child Abuse defined: 3. Cont’d: guardian, or managing or possessory conservator that does not expose the child to a substantial risk of harm;

14. A. Child Abuse defined: • Failure to make a reasonable effort to prevent an action by another person that results in physical injury that results in substantial harm to the child; 

15. Child Abuse & NeglectKelsey Smith-Briggs Child Protect Reform Act - Oklahoma

16. Kelsey Shelton Briggs • The cause of death was blunt force trauma to the abdomen. • Stepfather was arrested on first degree murder. • Her mother was later charged with two felonies of Child Neglect and Enabling Child Abuse.

17. In April 2006 Kelsey's body was exhumed for a second autopsy where sexual abuse was documented. The stepfather's charges were amended to add the sexual abuse. 

18. On February 2, 2007 a plea was entered. The stepfather plead guilty to a reduced charge of Enabling Child Abuse and received 30 years in prison. He has no possibility of parole for 25.5 years. 

19. A. Child Abuse defined: • Sexual conduct harmful to a child's mental, emotional, or physical welfare, including conduct that constitutes the offense of indecency with a child under • Section 21.11, Penal Code, sexual assault

20. A. Child Abuse defined: • under Section 22.011, Penal Code, • or aggravated sexual assault under Section 22.021, Penal Code;

21. A. Child Abuse defined: • Failure to make a reasonable effort to prevent sexual conduct harmful to a child;

22. A. Child Abuse defined: • Compelling or encouraging the child to engage in sexual conduct as defined by Section 43.01, Penal Code; fluids.

23. A. Child Abuse defined: • Causing, permitting, encouraging, engaging in, or allowing the photographing, filming, or depicting of the child if the person knew or should have known that the resulting photograph, film, or depiction of the child is obscene as defined by Section 43.21, Penal Code, or pornographic; 

24. A. Child Abuse defined: • The current use by a person of a controlled substance as defined by Chapter 481, Health and Safety Code, in a manner or to the extent that the use results in physical, mental, or emotional injury to a child;.

25. A. Child Abuse defined: • Causing, expressly permitting, or encouraging a child to use a controlled substance as defined by Chapter 481, Health and Safety Code; or That “IS” a Marijuana joint

26. A. Child Abuse defined: • Causing, permitting, encouraging, engaging in, or allowing a sexual performance by a child as defined by Section 43.25, Penal Code.

27. B. Child Neglect defined: 1. The leaving of a child in a situation where the child would be exposed to a substantial risk of physical or mental harm, without arranging for necessary care for the child, and the demonstration of an intent not to return by a parent, guardian, or managing or possessory conservator of the child;

28. B. Child Neglect defined: 2. Placing a child in or failing to remove a child from a situation that a reasonable person would realize requires judgment or actions beyond the child's level of maturity, physical condition, or mental abilities and that results in bodily injury or a substantial risk of immediate harm to the child;

29. B. Child Neglect defined: • Failing to seek, obtain, or follow through with medical care for a child, with the failure resulting in or presenting a substantial risk of death, disfigurement, or bodily injury or with the failure resulting in an observable and material impairment to the growth, development, or functioning of the child; 

30. B. Child Neglect defined: • Failure to provide a child with food, clothing, or shelter necessary to sustain the life or health of the child, excluding failure caused primarily by financial inability unless relief services had been offered and refused;

31. B. Child Neglect defined: • Placing a child in or failing to remove the child from a situation in which the child would be exposed to a substantial risk of sexual conduct harmful to the child; or

32. B. Child Neglect defined: • Placing a child in or failing to remove the child from a situation in which the child would be exposed to acts or omissions that constitute abuse under Subdivision (1)(E), (F), (G), (H), or (K) committed against another child;

33. B. Child Neglect defined: • The failure by the person responsible for a child's care, custody, or welfare to permit the child to return to the child's home without arranging for the necessary care for the child after the child has been absent from the home for any reason, including having been in residential placement or having run away.

35. B. Child Neglect defined: • "Person responsible for a child's care, custody, or welfare" means a person who traditionally is responsible for a child's care, custody, or welfare, including a parent, guardian, managing or possessory conservator, or foster parent of the child; a member of the child's family or household

36. B. Child Neglect defined: • Cont’d: defined by Chapter 71; a person with whom the child's parent cohabits; school personnel or a volunteer at the child's school; or personnel or a volunteer at a public or private child-care facility that provides services for the child or at a public or private residential institution or facility where the child resides.

37. B. Child Neglect defined: • "Born addicted to alcohol or a controlled substance" means a child who is born to a mother who during the pregnancy used a controlled substance, as defined by Chapter 481, Health and Safety Code, other than a controlled substance legally obtained by prescription, or alcohol; and who

38. B. Child Neglect defined: • Cont’d: after birth as a result of the mother's use of the controlled substance or alcohol experiences observable withdrawal from the alcohol or controlled substance; exhibits observable or harmful effects in the child's physical appearance or functioning; or exhibits the demonstrable presence of alcohol

39. B. Child Neglect defined: • Cont’d: or a controlled substance in the child's bodily fluids.

40. 1.2 CHILD ABUSE & NEGLECTNational & State Statistics A.National Statistics: 1. April is National Child Abuse Prevention month.

41. A.National Statistics: 2. During FY 2005, an estimated 899,000 children in the 50 States were abused.

42. A.National Statistics: 3. It is reported that more than 2,000 children in the U.S. die of child abuse and neglect each year, and the actual number of abuse and neglect deaths is estimated to be much higher than that reported by vital statistics data.

43. A.National Statistics: 4. The National Child Abuse and Neglect Data System (NCANDS) reported an estimated 1,490 child fatalities in 2004.

44. A.National Statistics: 5. National statistics show that children under six years of age account for 86% of all maltreatment deaths and infants account for 43% of these deaths.

45. A.National Statistics: 6. Homicide is the second leading cause of death among all 15 – 24 year olds in the U.S. 7. Homicide is the third leading cause of death among all 5 – 14 year olds in the U.S.

46. A.National Statistics: 8. Fathers and mothers’ boyfriends are most often the perpetrators in child abuse deaths. 9. Mothers are more often at fault in the neglect fatalities.

47. A.National Statistics: 10. Fatal abuse is interrelated with poverty, domestic violence and substance abuse. 11. Deaths attributed to neglect are rising. In 2004, over 1/3 of child maltreatment fatalities were associated with neglect alone.

48. B. State Statistics: 1. In FY 2006, there were approximately 275,539 alleged victims of child abuse and/or neglect, in which 97,995 were confirmed investigations. 17,537 of these children were removed from their environment.

49. B. State Statistics: 2. In 2006, there were 227 deaths of children due to child abuse and neglect.