BCCO PCT #4 PowerPoint

1. COURSE TITLE Intermediate Child Abuse TCOLE Course # 2105 AND Master File BCCO PCT #4 PowerPoint 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.

3. About Your InstructorCourse Facilitator - Mentor 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 2012 T.C.L.E.O.S.E. Professional Achievement Award Certified Crime Prevention Specialist (C.C.P.S.) TCLEOSE Basic Instructor Certificate 1984 TCLEOSE Master Peace Officer 1991 MP Special Operations Operator Counter-Terrorism 1988 Graduate Drug Enforcement Administration Academy 1977 42- years Law Enforcement Experience 39-Years Teaching & Instructor Experience

4. UNIT ONE INTRODUCTION AND OVERVIEW OF CHILD ABUSE AND NEGLECT 1.0

5. COURSE/LESSON OVERVIEW • Introduction and Overview of CHILD ABUSE and NEGLECT. • Authority and Responsibility in CHILD ABUSE cases. • Identifying Forms of CHILD ABUSE. • Components and Characteristics of CHILD ABUSE. • Investigative Strategies. • Special Investigative Issues and Final TEST

6. Learning Objectives Learning Objective 1.0: INTRODUCTION AND OVERVIEW OF CHILD ABUSE AND NEGLECT Learning Objective 1.1:The student will be able to identify general statements regarding child abuse. Learning Objective 1.2: The student will be able to identify the elements of those offenses against a child contained in the Penal Code. Learning Objective 1.3: The student will be able to identify historical perspectives relating to child abuse.

7. Learning Objective 1.4: The student will be able to identify various factors of the organized efforts to combat child abuse. Learning Objective 1.5: The student will be able to identify factors relating to the nature of the problem of child abuse. Learning Objective 1.6: The student will be able to list possible effects of child abuse as discussed in class.

8. FORWARD This section will introduce the participant to an overview of the nature, causes and effects of child abuse. The participant will be able to demonstrate on a written objective type examination an understanding of this area to a specified percentage.

9. 1.1 Identifying general statements regarding Child Abuse. • Child abuse is not usually a single physical attack or a single act of deprivation or molestation. • Child abuse is usually a pattern of behaviors, taking place over a period of time, and its effects are cumulative. 1.1

10. The longer child abuse continues, the more serious it can become and the more serious the injury to the child. • Some children cannot or will not cry out for help when they need it, even when their lives are in danger. 1.1

11. It is essential for peace officers to know what to look for in a child's behavior and appearances, as well as the parents' or caretaker's behavior, in order to identify child abuse. 1.1

12. Generally defined, a child is a person younger than 18 years of age. There are some exceptions identified in the Texas Penal Code: • PC Sec. 22.011: Sexual Assault. “Child” means a person younger than 17 years of age. 1.1

13. F. 2: PC Sec. 22.021: Aggravated Sexual Assault. “Child” means a person younger than 14 years of age. F. 3: PC Sec. 22.04: Injury to a Child, Elderly Individual, or Disabled Individual. "Child" means a person 14 years of age or younger 1.1

14. F.4: PC Sec. 22.041: Abandoning or Endangering Child. “Child means a person younger than 15 years. 1.1

15. 1.2 Offenses against a CHILD in Texas Penal Code PC 9.61 Parent – Child Use Of Force PC 9.62 Educator – Student Use Of Force PC 20.0 Definition of Abduction PC 20.02 Unlawful Restraint 1.2

16. PC 20.03 Kidnapping PC 21.11 Indecency with a Child PC 22.011 Sexual Assault PC 22.021 Aggravated Sexual Assault PC 22.04 Injury to a Child, Elderly Individual or Disabled Individual 1.2

17. PC 22.041 Abandoning or Endangering a Child PC 22.10 Leaving a Child in a Vehicle PC 25.02 Prohibited Sexual Conduct PC 25.03 Interference with Child Custody 1.2

18. PC 25.031 Agreement to Abduct from Custody PC 25.04 Endangering a Child PC 25.06 Harboring a Runaway Child PC 25.07 Violation of a Protective Order or Magistrate’s Order 1.2

19. PC 25.08 Sale or Purchase of a Child PC 43.05 Compelling Prostitution PC 43.25 Sexual Performance by a Child PC 43.25 Employment Harmful to a Child 1.2

20. 1.3 Historical Perspectives Related to CHILD ABUSE A. Children have been mistreated over the centuries by infanticide, ritual sacrifice, and exploitation of child labor. B. Greece (Fourth Century) -- Children are considered property of the father who decided on the child's fifth birthday whether he lived or died. 1.3

21. C. Ancient Roman -- Father had the legal power of life and death over children that extended into adulthood. D. Greek and Roman Literature -- Sex with children widely reported. E. Early English Common Law -- Father entitled to custody of his children. 1.3

22. F. Middle ages to Colonial America -- Concept of childcare for the orphaned, abandoned, indentured, or runaway youth focused on Child Labor, a system that often brutalized children. The two primary methods of childcare were apprenticeship to a master by indenture (often for as long as 7 years or until age 24), or under a contract that contained terms of placement often in almshouses. 1.3

23. G. Massachusetts, 1655 -- First recorded case of child maltreatment: An employer was convicted of manslaughter against his twelve-year-old apprentice, John Walker. 1.3

24. 1.4 Organized Factors/Efforts to Combat CHILD ABUSE A.The Reform Movement 1. 1845 -- Originated in New Orleans, Louisiana. Early organized efforts to combat child abuse. 1.4

25. A. 2. 1866 -- North Carolina moved to remove children from almshouses. 14 years later: 7,770 children between 2 and 6 remained in almshouses. 1.4

26. A. 3. 1874 -- The first case to begin a new era for the rights of children occurred in 1874 in New York City. a. 10-year-old girl named Mary Ellen Wilson was neglected and abused by her adoptive mother. 1.4

27. A. 3. b. Concerned church worker tried in vain to seek help from local authorities to take legal action against the mother 1.4

28. A. 3. c. Henry Bergh president of the American Society for the Prevention of Cruelty to Animals asked the society's counsel, Elbridge T. Gerry, to petition the court for Mary Ellen's relief. The court issued a special warrant to bring the child before the court. 1.4

29. A. 3. d. As a result of the court hearing the case, the mother was tried and convicted of assault and battery and sentenced to one year hard labor in the penitentiary. 1.4

30. A. 3. e. Because of all the media attention to the case, Gerry then organized the New York Society for the Prevention of Cruelty to Children that same year. 1.4

31. B. 20th Century 1. Around the turn of the century, juvenile courts were beginning to be established across the country, separating adults and juveniles. 2. 1908 -- The Los Angeles Police Department created a separate juvenile bureau. 1.4

32. B. 3. 1964 -- twenty states had child physical abuse reporting laws. 4. 1974 -- One hundred years after the case of Mary Ellen, the Child Abuse Prevention and Treatment Act was signed into law creating the National Center on Child Abuse and Neglect. 1.4

33. B. 5. 1977 every state had child abuse reporting laws in some form. 1.4

34. 1.5 Nature of the Problem of CHILD ABUSE A. Family violence, including child abuse and neglect, occurs in all socio-economic, ethnic, racial, and age groups. A preliminary analysis of the national survey data estimates that one-sixth of all U.S. couples experience at least one violent incident a year. 1.5

35. B.1997 National Statistics 1. Estimated 903,000 victims of maltreatment nationwide. 2. Estimated 1998 rate of victimization was 12.9 per 1,000 children, a decrease from the 1997 rate of 13.9 per 1,000. 1.5

36. B.1997 National Statistics 3. More than half of all victims (53.5%) suffered neglect, while almost a quarter (22.7%) suffered physical abuse. Nearly 12 percent of the victims (11.5%) were sexually abused. Victims of psychological abuse and medical neglect accounted for 6 percent or fewer each. In addition, a quarter of the 1.5

37. B.1997 National Statistics 3. – Cont’d: victims (25.3%) were reported to be victims of more than one type of maltreatment. 4. The highest victimization rates were for the 0-3 age group (14.8 maltreatments per 1,000 children of this age in the population), and rates declined as age increased. 1.5

38. B.1997 National Statistics 5. Victimization rates by race/ethnicity ranged from a low of 3.8 Asian/Pacific Islander victims per 1,000 children of the same race to 20.7 African-American victims per 1,000 children of the same race in the population. The victimization rate for American Indians/Alaska Natives was 19.8, for Hispanics 10.6. 1.5

39. NOTE: The child fatality estimates below are based primarily on fatalities of abuse and neglect victims known to Child Protective Service agencies and fatalities not previously reported as abused or neglected.) 1.5

40. B.1997 National Statistics – Cont’d 6. An estimated 1,100 children died of abuse and neglect, a rate of approximately 1.6 deaths per 100,000 children in the general populations. Children not yet a year old accounted for 37.9 percent of the fatalities, and 77.5 percent were not yet 5 years of age. Perpetrators of fatalities were considerably younger 1.5

41. B.1997 National Statistics – Cont’d 6. than perpetrators in general. Nearly two-thirds (62.3%) were younger than 30 years of age, compared to the percentage of all perpetrators who were younger than 30 (38.7%). Nearly 3 percent (2.7%) of all fatalities were reported to have occurred while the victim was in foster care. 1.5

42. C.Texas Statistics: The Texas Department of Protective and Regulatory Service notes that In Texas: 1. In fiscal year 1994, Texas' child protective service agency received and referred for investigation an estimated 109,375 reports of alleged child abuse and neglect. 1.5

43. C.Texas Statistics: 2. About 55,607 children were found to be substantiated or indicated victims of child abuse and neglect in Texas in fiscal year 1994. 3. Among substantiated cases of child maltreatment in Texas in fiscal year 1994: a. 1,229 were for abandonment. 1.5

44. C.3Texas Statistics: b. 4,614 were for emotional abuse. c. 2,481 were for medical neglect. d. 20,807 were for lack of supervision. e. 17,699 were for physical abuse. f. 8,669 were for physical neglect. 1.5

45. C.3Texas Statistics: g. 9,008 were for sexual abuse. h. 1,227 were for refusal to accept parental responsibility. D. The incidence of child sexual abuse is difficult to estimate because so many cases are not reported 1.5

46. “While many estimates have been made, the national incidence rate of sexual abuse remains unknown. The estimate that one in four girls and one in ten boys are abused prior to age 18 became widely known simply from being repeated. A 1996 national incidence study conducted by the federal government found that girls are sexually abused three times more often than boys are. 1.5

47. “Retrospective surveys reveal great variation, but do support the estimate that at least 20% of American women and 5% to 16% of American men experienced some form of sexual abuse as children. In a national survey of over 1,200 adults, victimization was reported by 27% of the females and 16% of the males.” 1.5

48. E. It is difficult to estimate how many children die as a result of child physical abuse in the United States because states are not mandated to report child physical abuse related homicides to any federal authority. In 1983 twenty-four states reported 505 child physical abuse related deaths. 1.5

49. UNIT TWO AUTHORITY AND RESPONSIBILITY IN CHILD ABUSE CASES 2.0

50. 2.0 Learning Objectives Learning Objective 2.0: Authority and Responsibility in Child Abuse Cases. Learning Objective 2.1: The student will be able to define the law enforcement officer's role in child abuse cases as discussed in class. Learning Objective 2.2: The student will be able to identify his/her authority and responsibility in child abuse cases contained in the Code of Criminal Procedure (CCP). Learning Objective 2.3: The student will be able to define identify his/her Authority and responsibility in child abuse cases contained the Texas Family Code (FC).