Child Abuse Investigation Training in New Mexico

1. Child Abuse or Neglect Investigations New Mexico Department of Public Safety, Advanced Training Bureau NMDPS Accreditation: NM16-65D

2. INSTRUCTIONAL GOALS: Demonstrate an understanding and knowledge concerning the crime and social issue of child abuse, including the dynamics of why people abuse children and the results of that abuse. Law enforcement is charged with investigating these cases, alongside social service agencies.

3. INSTRUCTIONAL OBJECTIVES: This course is designed to provide Law Enforcement with information concerning child abuse. • 1. The officer will be able to define what constitutes a child abuse. • 2. The officer will be able to recognize the different types of child abuse: physical, emotional, sexual & neglect • 3. The officer will have an understanding of the statutes as they related to child abuse and neglect • 4. The officer will have an understanding of the basic requirements of how to conduct a child abuse investigation and the identified types of abuse • 5. The officer will have an understanding of the basics of child neglect

4. 6. The officer will have an understanding of the basics of emotional child abuse. • 7. The officer will have an understanding of the basics of sexual child abuse • 8. The officer will have an understanding of how to remove a child from the home and the legal requirements to make that decision. 9. The officer will have a basic understanding of the dynamics concerning pedophiles. • 10. The officer will have an understanding of the reporting requirements as it pertains to child abuse • 11. The officer will have an understanding of the dynamics of a SIDS death. • 12. The officer will have an understanding of the steps to take when a child is reported missing and how to enter the child into the NCIC computer system.

5. There are four major types of child maltreatment: physical abuse, child neglect, sexual abuse, and emotional abuse.

6. Physical Abuse • Physical abuse is the infliction of physical injury as a result of punching, beating, kicking, biting, burning, shaking, or otherwise harming a child.

7. Child Neglect • Child neglect is characterized by failure to provide for the child's basic needs. Neglect can be physical, educational, or emotional.

8. Sexual Abuse • Sexual abuse includes fondling a child's genitals, intercourse, incest, rape, sodomy, exhibitionism, and commercial exploitation through prostitution or the production of pornographic materials.

9. Emotional Abuse (Psychological/Verbal Abuse/Mental Injury) • Emotional abuse includes acts or omissions by the parents or other caregivers that have caused, or could cause, serious behavioral, cognitive, emotional, or mental disorders.

10. Although any of the forms of child maltreatment may be found separately, they often occur in combination. Emotional abuse is almost always present when other forms are identified.

11. What is the size of the problem from the latest statistical data? • How Many Children Die Each Year From Child Abuse or Neglect? • The National Child Abuse and Neglect Data System (NCANDS) reported an estimated 1,740 child fatalities in 2008. This translates to a rate of 2.33 children per 100,000 children in the general population. NCANDS defines "child fatality" as the death of a child caused by an injury resulting from abuse or neglect, or where abuse or neglect was a contributing factor.

13. Definition • Child Abuse is the non-accidental injury of a child, consisting of one episode or several episodes of injuries ranging from minor to fatal.

14. NM Statutes • 30-6-1 Abandonment or Abuse of a Child • 30-6-2 Abandonment of Dependant • 30-6-4 Obstruction of Reporting or Investigation of Child Abuse or Neglect • 32A-4-2 Definitions • 32A-4-3 Duty to Report Child Abuse or Neglect • 32A-4-6 Taking into Custody

15. 30-6-1. Abandonment or abuse of a child • A.     As used in this section: • (1)     "child" means a person who is less than eighteen years of age;  • (2)     "neglect" means that a child is without proper parental care and control of subsistence, education, medical or other care or control necessary for the child's well-being because of the faults or habits of the child's parents, guardian or custodian or their neglect or refusal, when able to do so, to provide them; and • (3)     "negligently" refers to criminal negligence and means that a person knew or should have known of the danger involved and acted with a reckless disregard for the safety or health of the child.  • B.     Abandonment of a child consists of the parent, guardian or custodian of a child intentionally leaving or abandoning the child under circumstances whereby the child may or does suffer neglect.  A person who commits abandonment of a child is guilty of a misdemeanor, unless the abandonment results in the child's death or great bodily harm, in which case the person is guilty of a second degree felony. • C.     A parent, guardian or custodian who leaves an infant less than ninety days old in compliance with the Safe Haven for Infants Act [24-22-1 NMSA 1978] shall not be prosecuted for abandonment of a child.  • D.     Abuse of a child consists of a person knowingly, intentionally or negligently, and without justifiable cause, causing or permitting a child to be: • (1)     placed in a situation that may endanger the child's life or health; • (2)     tortured, cruelly confined or cruelly punished; or • (3)     exposed to the inclemency of the weather.

16. 30-6-1. Abandonment or abuse of a child. Continued • E.     A person who commits abuse of a child that does not result in the child's death or great bodily harm is, for a first offense, guilty of a third degree felony and for second and subsequent offenses is guilty of a second degree felony.  If the abuse results in great bodily harm to the child, the person is guilty of a first degree felony. • F.     A person who commits negligent abuse of a child that results in the death of the child is guilty of a first degree felony. • G.     A person who commits intentional abuse of a child twelve to eighteen years of age that results in the death of the child is guilty of a first degree felony. • H.     A person who commits intentional abuse of a child less than twelve years of age that results in the death of the child is guilty of a first degree felony resulting in the death of a child. • I.     Evidence that demonstrates that a child has been knowingly, intentionally or negligently allowed to enter or remain in a motor vehicle, building or any other premises that contains chemicals and equipment used or intended for use in the manufacture of a controlled substance shall be deemed prima facie evidence of abuse of the child. • J.     Evidence that demonstrates that a child has been knowingly and intentionally exposed to the use of methamphetamine shall be deemed prima facie evidence of abuse of the child. • K.     A person who leaves an infant less than ninety days old at a hospital may be prosecuted for abuse of the infant for actions of the person occurring before the infant was left at the hospital.      

17. 30-6-2. Abandonment of dependent • Abandonment of dependent consists of a person having the ability and means to provide for his spouse or minor child's support and abandoning or failing to provide for the support of such  dependent.    • Whoever commits abandonment of dependent is guilty of a fourth degree felony. 

18. 30-6-4. Obstruction of reporting or investigation of child abuse or neglect. • Obstruction of reporting or investigation of child abuse or neglect consists of:    • A.     knowingly inhibiting, preventing, obstructing or intimidating another from reporting, pursuant to Section 32-1-15 NMSA 1978, child abuse or neglect, including child sexual abuse; or    • B.     knowingly obstructing, delaying, interfering with or denying access to a law enforcement officer or child protective services social worker in the investigation of a report of child abuse or sexual abuse.    • Whoever commits obstruction of reporting or investigation of child abuse or neglect is guilty of a misdemeanor. 

19. 32A-4-2 Definitions • Review Statutory Definitions as used in the Abuse and Neglect Act; sections A – I as contained within the NM Criminal Code or contained in the lesson plan.

20. 32A-4-3. Duty to report child abuse and child neglect; responsibility to investigate child abuse or neglect; penalty. • Review Statutory elements of this offense in the NM Criminal Code, or as contained within the lesson plan.

21. 32A-4-6. Taking into custody; penalty • Review Statutory elements of this offense in the NM Criminal Code, or as contained within the lesson plan.

22. 2011 Senate Bill #77 • RELATING TO LAW ENFORCEMENT; PROVIDING FOR CHILD ABUSE INCIDENT TRAINING FOR POLICE OFFICERS. • BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: • SECTION 1. A new section of the Law Enforcement Training Act is enacted to read: • "CHILD ABUSE INCIDENT TRAINING.--Child abuse incident training shall be included in the curriculum of each basic law enforcement training class. Child abuse incident training shall be included as a component of in-service training each year for certified police officers." • SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

23. Elements of Abuse • Abuse most often occurs in the home. Three elements are involved to create an abusive environment: • 1) the abuser • 2) the abused • 3) a crisis.

24. Abuser • Usually the parent or caretaker • Perpetrators include: • mothers • fathers • boyfriends • stepfathers • babysitters, ….etc.

25. Characteristics of Abusers • History of having been abused themselves. (explain the cycle of abuse) • Tend to keep to themselves • Move from place to place • Tend to be young • Alcohol/Drug abuse • Mate knows about the abuse, ignores or even participates in it.

26. The Abused • The child victim. Children under two are most at risk. Non-verbal and non-ambulatory. • Handicapped children at high risk. • Adopted children or reconstituted families (yours, mine & ours) • Sickly, unattractive, unwanted child at risk.

27. The Crisis • The factor that sets the abusive parent in motion causing them to lose control and start the abuse. • Parent overreacts, usually as a result of stresses. • ANYTHING CAN BE A CRISIS

28. Types of Abuse • Physical • Emotional • Sexual • Neglect

29. There are a number of indicators or types of physical abuse and the assessment of the injuries. • Discuss the elements contained within the lesson plan.

30. Behavioral Indicators • There are a number of indicators or types of behavioral abuse and the manifestation of the indicators. • Discuss the elements contained within the lesson plan.

31. Investigation • Level of response depends upon the following: • Nature of the call (in-progress vs. old injury) • Age of the child(ren) or special condition (e.g., developmentally disabled) • Imminent danger to child without intervention • Immediate need for medical attention • Reliability and authenticity of reporting party. • History of prior reports • Note: The need for a warrantless entry should be determined using the above criteria.

32. Evidence Collection • Photographs of the victim and/or the crime scene. Photographs of bruises should be taken several days apart to document age and severity. • Medical information • Instruments/weapons that caused the injury • Statements of victim(s) witness/parents • Documentation of observations • Note: The most common instrument of abuse are hands and feet.

33. Child Neglect • Child Neglect defined: Any Child … • who has been abandoned by his parents, guardians, custodians or • Who is without proper parental care, control, subsistence, education, medical or other care necessary for well being or • Whose parent, guardian or custodian is unable to discharge responsibilities for the child or • Who has been placed for care or adoption in violation of law. • State statute: 30-6-1(listed earlier)

34. Abuse = action against a child Neglect = lack of action for the child

35. Child neglect indicators • There are a number of indicators or types of Child Neglect and the manifestation of the indicators. • Discuss the elements contained within the lesson plan.

36. It is important to distinguish between neglect and poverty or poor parenting skills. While some of these conditions may exist in the home environment, it is the extreme or persistent presence of these factors that indicates some degree of neglect.

37. Emotional Abuse/Deprivation • There are a number of indicators or types of Child Emotional Abuse/Deprivation and the manifestation of the indicators. • Discuss the elements contained within the lesson plan.

38. Sexual Abuse & Exploitation of Children • Sexual Abuse is described as contact with a child where the child is being used for sexual stimulation of the other person. Sexual abuse can be committed by a person of any age. The abuser is often older than the victim and/or in a position of authority over the child.

39. 30-6A-3. Sexual exploitation of children • Review Statutory elements as contained within the NM Criminal Code or contained in the lesson plan.

40. 30-9-1. Enticement of Child • Enticement of child consists of:    • A.     enticing, persuading or attempting to persuade a child under the age of sixteen years to enter any vehicle, building, room or secluded place with intent to commit an act which would constitute a crime under Article 9 [30-9-1 to 30-9-9 NMSA 1978] of the Criminal Code; or    • B.     having possession of a child under the age of sixteen years in any vehicle, building, room or secluded place with intent to commit an act which would constitute a crime under Article 9 of the Criminal Code.    • Whoever commits enticement of child is guilty of a misdemeanor. 

41. 30-9-13. Criminal Sexual Contact of a Minor • Review Statutory elements as contained within the NM Criminal Code or contained in the lesson plan.

42. 30-9-11. Criminal Sexual Penetration. • Review Statutory elements as contained within the NM Criminal Code or contained in the lesson plan.

43. 30-10-3. Incest • Incest consists of knowingly intermarrying or having sexual intercourse with persons within the following degrees of consanguinity: parents and children including grandparents and grandchildren of every degree, brothers and sisters of the half as well as of the whole blood, uncles and nieces, aunts and nephews.    • Whoever commits incest is guilty of a third degree felony.  

44. Sexual Abuse Indicators: • Sexual abuse of a child may surface through a broad range of physical, behavioral, and social symptoms

45. Historical indicators: • Child reports sexual activities to a friend, classmate, teacher, friend’s mother, or other trusted adult. The disclosure may be direct or indirect, ex. “ I know somebody”; “what would you do if?”; “I heard something about somebody.” It is not uncommon for the disclosure to be delayed.

46. Physical Indicators: • Child wears torn, stained, or bloody underclothing. • Difficulty in walking or sitting • Pain in genital area • Bruises or bleeding in vaginal or anal areas • Venereal disease, especially in pre-teens • Pregnancy

47. Sexual behavioral indicators of children: • Detailed and age-inappropriate understanding of sexual behavior (especially by younger children) • Inappropriate, unusual or aggressive sexual behavior with peers or toys • Excessive / compulsive masturbation • Unusually seductive with classmates, teachers, and other adults. • Prostitution or excessive promiscuity • Excessive concern about homosexuality, especially in boys.

48. Behavioral indicators in younger children: • Frequent bathing • School problems or significant change in school performance (attitude and grades) • Running away from home • Seductive behavior • Sleeping disturbances, ex. Nightmares, fearful about falling asleep. • Fecal soiling

49. Behavioral indicators in older children and adolescents • Withdrawal • Poor hygiene or excessive bathing • Poor peer relations and social skills, inability to make friends. • Acting out, runaway, aggressive or delinquent behavior • Alcohol or drug abuse • School problems, frequent absences, sudden drop in school performance • Refusal to dress for physical education • Fearful of showers / restrooms • Fearful of home life, ex. Arrives at school early or leaves late. • Crying without provocation • Fire setting • Suicide attempt or other self-destructive behavior

50. Offender Indicators: Intra-familial- Father or Father Figure • Overprotective / jealous • Strict disciplinarian • Secretive / anxiety ridden • Low self esteem • Substance abuse