Child Abuse or Neglect
Investigations
New Mexico Department of Public
Safety, Advanced Training Bureau
NMDPS Accreditation NM12-65B
• 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.
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INSTRUCTIONAL OBJECTIVES: This course is designed to provide Law Enforcement
with information concerning child abuse.
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1. The officer will be able to define what constitutes a child abuse.
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2. The officer will be able to recognize the different types of child abuse: physical,
emotional, sexual & neglect
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3. The officer will have an understanding of the statutes as they related to child
abuse and neglect
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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
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5. The officer will have an understanding of the basics of child neglect
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6. The officer will have an understanding of the basics of emotional child abuse.
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7. The officer will have an understanding of the basics of sexual child abuse
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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.
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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.
• There are four major types of child
maltreatment: physical abuse, child neglect,
sexual abuse, and emotional abuse.
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.
Child Neglect
• Child neglect is characterized by failure to
provide for the child's basic needs. Neglect
can be physical, educational, or emotional.
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.
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.
• 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.
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.
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.
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
30-6-1. Abandonment or abuse of a child
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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;
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tortured, cruelly confined or cruelly punished; or
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exposed to the inclemency of the weather.
30-6-1. Abandonment or abuse of a child.
Continued
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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.
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.
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.
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.
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.
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.
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.
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.
Abuser
• Usually the parent or caretaker
• Perpetrators include:
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mothers
fathers
boyfriends
stepfathers
babysitters, ….etc.
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.
The Abused
• The child victim. Children under two are
most at risk. Non-verbal and nonambulatory.
• Handicapped children at high risk.
• Adopted children or reconstituted families
(yours, mine & ours)
• Sickly, unattractive, unwanted child at risk.
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
Types of Abuse
– Physical
– Emotional
– Sexual
– Neglect
• 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.
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.
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.
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.
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)
Abuse = action against a child
Neglect = lack of action for the child
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.
• 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.
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.
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.
30-6A-3. Sexual exploitation of children
• Review Statutory elements as contained
within the NM Criminal Code or contained in
the lesson plan.
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.
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.
30-9-11. Criminal Sexual Penetration.
• Review Statutory elements as contained
within the NM Criminal Code or contained in
the lesson plan.
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.
• Sexual Abuse Indicators:
• Sexual abuse of a child may surface through a
broad range of physical, behavioral, and social
symptoms
– 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.
– 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
– 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.
– 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
Behavioral indicators in older children and adolescents
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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
Offender Indicators: Intra-familial- Father or Father
Figure
• Overprotective / jealous
• Strict disciplinarian
• Secretive / anxiety ridden
• Low self esteem
• Substance abuse
Mother or Mother Figure
• There are instances of intra-familial sexual
abuse by females. However, little is known
about behavioral indicators, family dynamics
and characteristics.
Family Indicators
• Isolation
• Overcrowding in the home in sleeping
arrangements
• Absence of one parent
Protective Custody Assessment in Child Abuse
• The officer should determine the need for protective
custody of the victim(s), siblings, and others by taking
into consideration the following factors:
– Need for medical care
– Imminent danger of continued abuse, intimidation or retaliation
– Whether non-offending parent is appropriately supportive and
protective of the child. Be careful here.
– Whether physical environment poses an immediate threat to the
child’s health and safety
– History of prior offenses or allegations of physical or sexual abuse
– Parent or guardian capable of or willing to exercise care and
control over the child.
• Police officers may remove children from the home
based on the circumstances. Children, Youth and
Family workers may request the children be
removed. The final decision rests with the police. You
must maintain a working relationship with CYFD
because they will be able to assist you in the
investigation of the criminal offense and they will
become instrumental in placing the child in a
temporary safe environment.
Pedophiles
• Officers also need to understand the dynamics
of a pedophile. Not all offenders in child
sexual abuse cases are pedophiles.
• There are a number of indicators of a
pedophile and the manifestation of the
indicators.
• Discuss the elements contained within the
lesson plan.
Reporting Child Abuse
• The reporting requirements: While everyone should
report suspected child abuse and neglect, State
Statute 32A-4-3 (as already discussed)provides that it
is a crime for certain professionals and laypersons
who have a special working relationship or contact
with children may not report suspected abuse to the
proper authorities. Failure to do so is a
misdemeanor. This penalty ensures that those
required to do so will report all suspected incidents
of child abuse immediately to the appropriate
agencies.
– Child abuse and neglect investigations are a joint
responsibility of the police and Children, Youth &
Family worker. Under law, any person reporting an
instance of alleged neglect or abuse is presumed
to be acting In good faith and is immune from
liability unless acting maliciously or in bad faith.
• Protective custody: A child may be taken into
custody by a law enforcement officer when the
officer has reasonable grounds to believe that a child
is suffering from illness or injury, or has been
abandoned, or is in danger from the child’s
surroundings, parents are hiding the child or is in
need of medical attention. 32A-4-6.
Police liability for failing to insure the
protection of the child
• If an officer negligently fails to place an
endangered child in protective custody, that
officer may be civilly liable for damages if the
child suffers further injuries. Whenever there
is doubt as to the need for protective custody,
the decision should be made in favor of
protective custody if there is evidence to
support it.
An officer should never leave the abused or neglected
child with neighbors or friends of the child’s family in
situations where protective custody is required.
• The presence of siblings in the home should be
considered when determining protective custody.
When one child victim is removed, the abusing
parent or caretaker may abuse another child. While
only one child may have been identified, others may
also be subject to abuse.
Victim Interview
– Every effort should be made to minimize the number of
interviews with the child victim. Techniques to consider
may include:
– Coordination of the investigation with Children, Youth &
Family Department so that both agencies can be present
during interviews.
– Consultation with the district attorney’s office
– Use of audio and/or video recordings. If your community
has access to a “Safe House” environment, it becomes a
great asset for videotaping.
– Always conduct a thorough and well documented
interview.
Sudden Infant Death Syndrome (SIDS)
• SIDS, commonly known as “crib death” or “cot death” is the
number one cause of death in infants between one month
and one year of age. About 6500 babies die of SIDS every
year in the United States.
• SIDS cannot be predicted or prevented, even by a physician.
It almost always occurs during sleep. The typical SIDE case
involves an apparently health infant, usually between the
ages of 4 weeks and 7 months, who has suddenly died. No
illness has been present; although the baby may have had
signs of a slight cold. There is no indication that the baby
struggled or cried out while dying.
Sudden Infant Death Syndrome (SIDS)
• The only way SIDS can be conclusively diagnosed
is by an autopsy. Diagnosis is made only after all
other causes of death have been ruled out.
• You as a first responder can only suspect SIDS as
the cause of death. As a first responder, you need
to know some of the identifying features
characteristic of the SIDS victim as opposed to an
abused child. The following table is a list of the
general physical characteristics of each.
SIDS
• Things to look for and note:
– Physical appearance of the baby
– Position of baby in crib, may account for marks on
child’s head or body.
– Physical appearance of crib
– Appearance of room/house
– Behaviors of persons present.
• What is the role of the police officer
– Initiate CPR efforts if the infant is not obviously dead.
– Conduct an “investigation” that will help determine the
cause of death.
– Provide leadership and protection to the SIDS family
– Be in command of your own feelings. This can be difficult
because of your own children, but be professional and act
in a calm, efficient manner, exhibiting kind concern.
– Your actions can have a positive impact on the grieving
family.
Questions?
• We would strongly recommend you develop a
solid working relationship with your regions
CYFD case workers, safe houses, victims
advocates, child psychologists or other
regional service providers and your District
Attorney’s Office prior to an incident so
everyone is on the same page!
• Remember, the child's welfare is our primary
concern in these cases!!