Successful intervention in child sexual abuse cases is built upon an effective system of procedures being established prior to a specific child sexual abuse (CSA) case being referred for investigation.

Following GA code, 19-15-2, each county in Georgia has been mandated to develop, utilize, and revise a county protocol to address how child abuse cases will be handled systemically in that county. A review of some of the existing county child abuse protocols reflects significant diversity in how each community has written it's protocol and how stringently the written protocol is followed, reviewed, and updated.

It is not the purpose of this section to judge the quality of a community's current intervention efforts regarding forensic investigations of CSA cases. However, careful attention to the development, implementation, and revision of the county child abuse protocol is certainly an excellent process for improving the overall effort intervention effort in child abuse cases including CSA cases.

In addition, despite the diversity between counties in the appearance of their county protocols, a sample of about a dozen such protocols from urban, rural, northern, and southern areas indicates that most counties have addressed the majority of issues in a similar manner. Therefore, Basic Guidelines for a Child Abuse Protocol are offered below covering the main points common to most counties. Any county considering revision of it's county Child Abuse Protocol may find these issues helpful in considering and review. These are suggested guidelines only, and do not override any laws or policies currently in effect.

Basic Guidelines for a Child Abuse Protocol
Table of Contents

1. Preface
1. Purpose
2. Committee members
3. Communications
4. Confidentiality
5. Child abuse terms
2. Reporting Procedures
1. Mandated Reporters & Law in Georgia
2. Initial Report to Authority
1. DFACS
2. Law Enforcement
3. Investigation/Evidence
1. Solely by DFACS
2. Joint with Law Enforcement
3. Protection for Victim
4. Physical Examination
5. Photographs/Video
4. Child Advocacy Center
5. Board of Education
6. Judicial Procedures
1. Juvenile Court
2. C.A.S.A
3. Prosecutors Roles
4. Magistrate Court
5. Responsibility
7. Treatment Procedures by Mental Health
8. Child Fatality
1. Initial report
2. Reports/Time Limits
9. Monitoring the Protocol & Conflict Resolution
10. Signatures of Members

Statement of Purpose

"The purpose of the protocol shall be to ensure coordination and cooperation between all agencies involved in a child abuse case so as to increase the efficiency of all agencies handling such cases, to minimize the stress created for the allegedly abused child by the legal and investigatory process, and to ensure that more effective treatment is provided for the perpetrator, the family, and the child." O.C.G.A. §19-15-2 (f)

Committee Members

As stated in O.C.G.A. §19-15-2 (c) (1) each of the following agencies of the county shall designate a representative to serve on the committee:

(A) The office of the sheriff;
(B) The county department of family and children services;
(C) The office of the district attorney;
(D) The juvenile court;
(E) The magistrate court;
(F) The county board of education;
(G) The county mental health organization;
(H) The office of the chief of police of a county in counties which have a county police
department;
(I) The office of the chief of police of the largest municipality in the county;
(J) The county board of health, which shall designate a physician to serve on the committee;
and
(K) The office of the coroner or county medical examiner.

Communications

This Protocol is designed to improve communication and cooperation among all interested parties when addressing child maltreatment issues. The Protocol will also promote consistency in our response to all child maltreatment cases, thus better serving the needs of the most vulnerable community members, our children.

Confidentiality

The meetings and proceedings of a committee or subcommittee of the Child Abuse Protocol in the exercise of its duties shall be closed to the public and shall not be subject to open meetings.

Records and other documents, which are made public records pursuant to any other provisions of law, shall remain public records notwithstanding their being obtained, considered, or both, by a committee, a subcommittee, or the panel.

Notwithstanding any other provision of law to the contrary, reports of the Child Fatality Review Subcommittee made pursuant to a child fatality review shall be public records and shall be released to any person making a request therefore but the Child Fatality Review Subcommittee having possession of such report or reports shall only release them after expunging all information contained therein which would permit identifying the deceased or abused child, any family member of the child, any alleged or suspected perpetrator of abuse upon the child, or any reporter of suspected child abuse.

Statistical compilations of data by the Child Fatality Review Subcommittee based upon information received thereby and containing no information that would permit the identification of any person shall be public records.

Members of the Child Abuse Committee and the Child Fatality Review Subcommittee shall not disclose what transpires at any meeting nor disclose any information the disclosure of which is prohibited by this Code section, except to carry out the purposes of this chapter.

A person who presents information to the Child Abuse Protocol Committee or the Child Fatality Review Subcommittee or who is a member of any such body shall not be questioned in any civil or criminal proceeding regarding such presentation or regarding opinions formed by or confidential information obtained by such person as a result of serving as a member or any such body. However, such a person shall not be prohibited from testifying regarding information obtained independently of the committee or subcommittee. In any proceeding in which testimony of such a member is offered, the court shall first determine the source of knowledge of such a witness.

Except as otherwise provided, information acquired by any records of the Child Abuse Protocol Committee or the Child Fatality Review Subcommittee shall be confidential, shall not be disclosed, and shall not be subject to Article 4 of Chapter 18 of Title 50, relating to open records, or subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding.

Pursuant to law a member of the Child Abuse Protocol Committee or the Child Fatality Review Subcommittee shall not be civilly or criminally liable for any disclosure of information made by such member as authorized by this section.

Notwithstanding any other provisions of law, information acquired by and documents, records, and reports of the Child Abuse Protocol Committee and subcommittees applicable to a child who at the time of his or her death was in the custody of a state department or agency or foster parent shall not be confidential and shall be subject to Article 4 of Chapter 18 of Title 50, relating to open records.

A Child Abuse Protocol is not a confidential record of the Committee or its Subcommittees and as such shall be considered public record. Copies of the protocol can be obtained. GA code 43-39-16.

Child Abuse Terms

(A) Physical injury or death inflicted upon a child by a parent or caretaker thereof other than by accidental means shall be deemed to be a physical abuse for purpose of the classification required by O.C.G.A § 49-5-183 (4) (c); provided, however, physical forms of discipline may be used as long as there is not physical injury to the child;

(B) Neglect or exploitation of a child by a parent or caretaker thereof, and this shall be deemed to be child neglect for the purpose of the classification required by O.C.G.A § 49-5-183 (4) (c)

(C) Sexual assault of a child, and this shall be deemed to be sexual abuse for the purpose of the classification required by O.C.G.A § 49-5-183 (4) (c)

(D) Sexual exploitation of a child, and this shall be deemed to be sexual abuse for purpose of the classification required by O.C.G.A § 49-5-183 (4) (c).

Mandated Reporters

Pursuant to O.C.G.A § 19-7-5 (c) (1) states mandated child abuse reporters are the following persons who have reasonable cause to believe that a child has been abused:

• physicians licensed to practice medicine, interns, or residents;
• hospital or medical personnel;
• dentists;
• licensed psychologists and persons participating in internships to obtain licensing pursuant to Chapter 39 of Title 43;
• podiatrists;
• registered professional nurses or licensed practical nurses licensed pursuant to Chapter 24 of Title 43;
• professional counselors, social workers, or marriage and family therapists
  licensed pursuant to Chapter 10A of Title 43;
• school teachers, administrators, guidance counselors, visiting teachers,
  social workers, or psychologists certified pursuant to Chapter 2 of Title 20
• child welfare agency personnel, as that agency is defined pursuant to Code Section 49-5-12;
• child counseling personnel;
• child service organization personnel, or
• law enforcement personnel.

Law in Georgia

Member agencies of the Child Abuse Protocol Committee are mandated by Georgia Law to report child abuse/neglect. Each member agency agrees to abide by O.C.G.A § 19-7-5 and any other applicable O.C.G.A. section(s).

Solely by The Department of Family and Children Services

Investigations complied solely by the Department of Family and Children Services can be served by several sources.

• Referrals based on physical abuse of a less severe nature, protracted sexual abuse, emotional abuse, and some neglect referrals may require that the caseworker interview the child away from the alleged perpetrator. All attempts will be made to do this, including interviewing the child at school, if necessary, for the protection of the child. Pictures of any visible injuries may be taken by the caseworker.
• When an officer has been involved in the initial investigation and determines that no criminal charges will be made, the DFACS caseworker will proceed with the completion of the investigation.
• If children are interviewed away from the parent(s), then the DFACS caseworker will make every attempt to reach the parent(s) the same day to discuss the allegations of abuse or neglect and to inform the parent that their child as been interviewed. The parent is also informed if pictures have been taken or if the child has been videotaped.
• The DFACS caseworker interviews the child separately from the parent.
• When discussing all allegations and the welfare of the child with the parent(s), the DFACS caseworker will clearly explain to the parent(s) the purpose of the interview.

Solely by The Department of Family and Children Services

Investigations complied solely by the Department of Family and Children Services can be served by several sources.

• Referrals based on physical abuse of a less severe nature, protracted sexual abuse, emotional abuse, and some neglect referrals may require that the caseworker interview the child away from the alleged perpetrator. All attempts will be made to do this, including interviewing the child at school, if necessary, for the protection of the child. Pictures of any visible injuries may be taken by the caseworker.
• When an officer has been involved in the initial investigation and determines that no criminal charges will be made, the DFACS caseworker will proceed with the completion of the investigation.
• If children are interviewed away from the parent(s), then the DFACS caseworker will make every attempt to reach the parent(s) the same day to discuss the allegations of abuse or neglect and to inform the parent that their child as been interviewed. The parent is also informed if pictures have been taken or if the child has been videotaped.
• The DFACS caseworker interviews the child separately from the parent.
• When discussing all allegations and the welfare of the child with the parent(s), the DFACS caseworker will clearly explain to the parent(s) the purpose of the interview.

Joint with Law Enforcement

The Department of Family and Children Services and law enforcement may commit to the joint investigation of child abuse cases, and to the coordination of the investigation of child sexual abuse and severe physical abuse cases through a Child Advocacy Center. Children under the age of 18 who are alleged victims of sexual abuse or severe physical abuse will receive a multidisciplinary response coordinated through the Child Abuse Protocol and/or a local Child Advocacy Center. Joint investigation shall include cross reporting of allegations, collaborative interviewing, and interdisciplinary case review. If there is a joint investigation, it should be initiated within 24 hours for child(ren) at imminent risk and within five days for all others.

• If the child is in school, an officer and a DFACS caseworker will ask the school officials to provide an appropriate place for interviewing the child. The school principal or designee should be contacted prior to arriving at the school.
• If school is not in session or child is preschool age, the DFACS caseworker and the officer must make a decision as how best to interview the child away from the alleged perpetrator.
• After the initial interview, the officer will make a decision as to whether protective custody should be taken and contact the Juvenile Court regarding this decision.
• The initial interview will determine the need for protection. At the discretion of the officer and the caseworker the child may be transported, if protective custody is taken, to a Child Advocacy Center. There further interviewing, as deemed necessary by the officer and/or caseworker, may take place. If the child requires immediate medical evaluation, the DFACS caseworker will accompany the officer and the child to a medical facility.
• The officer will notify the parent(s)/guardian(s) of the protective custody and their need to be at the court hearing. The DFACS caseworker will follow-up by contacting the parent(s)/guardian(s) to notify them of the date and time of the hearing and of their right to have an attorney.
• The DFACS caseworker will also arrange a time to interview the parent(s)/guardian(s) prior to the court hearing.

Protection for Victim

There are four basic choices used to protect the victim.

1. The child can be left in the home if the child's safety can be reasonably assured with a good safety plan and a cooperative parent but safety can never be guaranteed.
2. Law enforcement can take the child into protective custody if there is immediate danger to the child if he or she remains in the home.
3. DFACS can file for a Juvenile Court Petition for temporary custody in non-emergency situations requiring the removal of the child from the home. DFACS can obtain a verbal pick-up order by contacting the Superior Court Judge or the Court Services Intake Officer on-call. Verbal orders must be confirmed in writing by written orders within 24 hours.
4. The perpetrator can be removed from the home. It is rarely advisable to leave both the perpetrator and the child victim in the home together.

Physical Examination

Whether a physically or sexually abused child should have a physical examination as soon as possible following disclosure of the abuse will depend upon the nature of the alleged abuse, how long before the report of the abuse occurred, whether there are obvious physical injuries or problems, whether the child may by harmed by any such examination, and other factors. In appropriate cases, the child will be examined by a qualified health care provider.

The purpose of the examination is to assess and treat medical problems, conduct a forensic examination, and emotionally reassure the child. Unless there are compelling contraindications (such as the time of day, how tired the child is, or degree of emotional trauma), an examination will be conducted immediately, where there is concern for the health of the child or preservation of evidence. Otherwise, the exam is to be conducted as soon as convenient for the hospital, the physician, the patient, and the investigative staff. The law enforcement investigator (accompanied by the DFACS caseworker and/or the advocate and/or a non-accused parent or caretaker) may transport the child to the medical facility.

Photographs/Video Taping

The Department of Family and Children Services staff may initiate the taking of photographs of a child who is the subject of an abuse or neglect report to document the allegation made in the report. When the child's parent or person responsible for the child's welfare is available he/she will be notified of the Department's legal right to do so.

DFACS staff should always have another representative of the Child Abuse Protocol present when photographs are taken. In addition to DFACS staff, hospital staff, physician/health officials, law enforcement personnel, and school officials may also photograph a child without parental permission. Photographs must be taken in a manner as not to reveal the identity of the subject. Separate documentation accompanying the photograph will include the case number, the child/s name, date and time of the photograph and the purpose of the photograph. These photographs shall be made available to the appropriate Law Enforcement authority, at their request.

It is important that at the time of medical examination, if there are any physical and visual evidences of abuse the photographs be made either by medical staff and/or social services or law enforcement. It is recommended that 35 mm pictures be used instead of Polaroid or other types of cameras.

When videotaping is appropriate the following procedures may be followed:

• These interviews may be videotaped at a Child Advocacy Center, if no CAC is available in your area, make sure it is a child friendly area that is free of distractions, and where the child is not influenced by others.
• Videotaped interviews with child abuse victims will be jointly conducted with the assigned caseworker from DFACS and the investigation law enforcement officer.
• Once videotaping has started, it should not be discontinued until the interview is completed.
• Following each interview, the original tape must remain in secured law enforcement custody at all times.

A Child Advocacy Center is a dedicated facility for interviewing and/or examining child victims of abuse. A CAC is designed to be a quiet and comfortable place where specially trained professionals can evaluate abused children. The purpose of the examination is to assist in discovering the truth, and not necessarily to bolster a criminal investigation. For cases that are not suited for prosecution, the Center can help advise on how to protect the child from further abuse.

Doing interviews and examinations at the Center ensures a uniform approach that increases the chance of successful prosecution of the abuser, if that is warranted. Just as important, it provides a child-friendly environment where abused children will be limited to any further traumatizing.

The person doing the interview will be someone specifically trained in the appropriate and latest techniques for interviewing child victims. In order to safeguard the integrity of the fact-finding process, no parent, guardian, or attorney shall be allowed to be present during the interview or the examination unless necessary for the success of the interview.

The investigative interview and the physical examination should be performed when possible on-site at the Center, under circumstances most gentle to the child and most favorable to the discovery of the truth. The interview/investigation team makes this decision. The interview and physical examination are videotaped so that they can be used in possible future prosecution of the abuser. Original videotape is given to law enforcement, and a second original tape is held in a secure area at the Center to safeguard against loss of the other. The goal is that no other investigative interview or examination should be conducted unless absolutely necessary to confirm the allegation of abuse, nor by the prosecutor before a case goes to trial.

The Child Advocacy Center along with the Child Abuse Protocol Team is also focused on community involvement in the fight against child abuse, by promoting public awareness and involvement. To this end the center will encourage training and education, and will coordinate communication among all professionals involved in advocating for children.

1. The following reflects the policy of a Board of Education regarding child abuse and neglect.
1. Georgia law requires school district employees who have reasonable cause to believe a child is abused to report it to the proper authority.
2. Any person or official required to report a suspected case who knowingly and willfully fails to do so shall be guilty of a misdemeanor and upon conviction thereof shall be punished for a misdemeanor.
2. The following is a Board of Education procedure for reporting suspected child abuse/neglect. Any employee who has reasonable cause to believe that a child has been abused or neglected shall immediately:
1. report this allegation to the Principal or his/her designee and
2. report the allegation to the Department of Family and Children Services, or in their absence,
1. report the allegation to Law Enforcement
2. complete the Board of Education reporting form and forward it to the Department of Family and Children Services as soon as possible, usually within 24 hours
3. When uncertain regarding the validity of an allegation or suspicion of abuse, Board of Education employees should understand that their primary obligation is to report the suspicion or allegation, not to investigate or decide the validity of the suspicion or allegation.
4. When either the Department of Family and Children Services or the local law enforcement agency presents itself on school property, with proper identification, to investigate an abuse complaint, the Principal is to introduce the child to the investigator and let the child be interviewed alone. It is permissible, in the sole discretion of either DFACS and/or law enforcement, to ask the school official to be present during the interview. The school official is not to notify any parent or guardian of said child that an investigation or interview is occurring.*
5. A teacher or other school official may assist, at times, in the transition of a child talking with a familiar school professional to a new and unfamiliar investigative professional. This is most apt to be helpful when the child disclosed the alleged abuse first at school. However, the school professional should be instructed to quickly transfer the questioning of the child to the investigators as soon as is practical.

* Parental notification should be coordinated between school officials, DFACS, Law Enforcement, and the Board of Education, if involved, wherein a child is the alleged perpetrator of abuse.

Juvenile Court

The Juvenile Court will comply with the jurisdictional time limits mandated by law. When a child who is alleged to be deprived is taken into custody, a detention hearing will be held no later than seventy-two (72) hours, including weekends and holidays, to determine whether continued shelter care is required. When the 72-hour period ends on a weekend or holiday, the hearing will be held the next working day. If the child is not released to the parent or guardian at said hearing and it is found that continued shelter care is required, a petition shall be filed within three (3) days thereafter. An ad judicatory hearing on said petition will be held no later than ten (10) days after filing of the same.

Court Appointed Special Advocate (CASA)

The Court Appointed Special Advocate (CASA) program in Georgia Juvenile Courts uses a model that calls for co-appointment of a CASA volunteer and an attorney guardian ad litem. The CASA assumes the role of researcher, monitor, and facilitator, and provides the court with recommendations on what is best for the child. The attorney guardian ad litem presents a case, including examination of witnesses in formal hearings, and provides the traditional legal safeguards of the child's rights.

The CASA is a volunteer from the local community, screened and trained by the CASA program, and appointed by the court as an advocate for children involved in deprivation proceedings. The role of the CASA is to provide the Court with independent and objective information regarding the status of children involved in deprivation cases. The CASA volunteer also gives the Court recommendations regarding the best interest of the child.

A CASA volunteer's responsibilities under the court include:

• Reviewing all relevant records, including the DFACS case record, to ascertain the facts and circumstances of the child's situation;
• Interviewing appropriate parties involved in the case, including but not limited to the child, parents, DFACS, foster parent, teacher, etc.;
• Providing a written report of findings and recommendations to the court at each hearing or assure all relevant facts are before the Court;
• Working closely with DFACS, the attorney guardian ad litem, and other professionals to keep them informed of new findings in the case.
• Attending all court and citizen panel review hearings to represent the child's best interests;
• Explaining the court proceedings to the child, when appropriate;
• Advocating for the implementation and fulfillment of court orders and a permanent plan for the child and family;
• Informing the court and DFACS promptly regarding new developments, violation of orders, or changes in the child's circumstances;
• Seeking cooperative solutions which will best serve the child's interests and protect his or her interest; and
• Remaining actively involved in the case as ordered by the court.

Prosecutor's Roles

In felony cases involving physical and sexual abuse of children, the role of the District Attorney's Office begins at the first report of a crime and continues until after the final disposition of the case.

Prior to the trial, the prosecutor will:

• Assist Law Enforcement in evaluating probable cause and in obtaining arrest and search warrants
• Advise Law Enforcement of the law
• Attend preliminary and bond hearings
• Communicate and consult with a Child Advocacy Center
• Coordinate and cooperate with DFACS, especially when concurrent criminal and deprivation cases are pending
• Initiate, prepare for, and attend grand jury proceedings

The prosecuting attorney is obliged to bring a high level of preparation and skill to the prosecution of child abuse offenders. Experienced prosecutors who receive extensive and ongoing training in prosecuting abusers, including instruction in techniques for questioning small children, should handle child abuse cases.

The prosecutor, as advocate for the state, must make sure that no one influences the child's memory or account of the abuse, regardless of whether it is favorable or unfavorable for a successful prosecution. Since experience teaches that children who have reported child abuse are often under severe pressure to recant, the prosecutor should take all legal steps necessary to insulate the child from that pressure.

After the trial, the prosecutor will handle appellate and post-appellate matters. In appropriate cases the prosecutor may counsel with the parents, custodian, or guardian of the child to see that the child continues to receive protection and counseling to reassure the child and ease the effects of the abuse.

The District Attorney's Office should make the prosecution of child abuse cases one of its highest priorities. In addition, the public prosecutor may use his or her experience and legal expertise to increase public awareness of the problem of child abuse, and urge greater public support in the effort to prevent, detect, and prosecute abuse.

Magistrate Court

1. Warrant Issuance
Once a case of suspected child abuse has been investigated by the proper law enforcement official, and that official has decided that, in his or her opinion, adequate probable cause exists for the issuance of a warrant, he or she may make application through the normal procedure at the warrant office. Sworn written and/or verbal testimony will be given to the Deputy Clerk, and, if the Deputy Clerk finds that adequate probable cause does exist, then the appropriate warrant will be issued and signed by the investigation officer.
If for any reason the investigating officer is not to be the affiant in connection with the issuance of the warrant, and the parent or legal guardian of the child alleged to be the victim is to act in the capacity of affiant, then and in that event, sworn evidence shall be taken by the Deputy Clerk from the investigator, the parent or guardian, and any other persons present and who, in the opinion of the investigator or parent or guardian, has information bearing on the case. Testimony will be given in camera, with the other witnesses being sequestered while testimony is given.
The investigator handling the case will, upon demand from the Deputy Clerk, make available any video or audiotapes then in existence. At the time sworn testimony is given to support issuance of the warrant, the investigator in conjunction with DFACS and the parent or legal guardian, when appropriate, shall make recommendations to the Deputy Clerk concerning the terms of the bond for the accused. These recommendations will be noted on the warrant itself.
2. Preliminary Hearings
The scheduling of preliminary hearings in cases involving child abuse shall be accorded priority and shall be set as soon as possible following the arrest of the accused.
Hearsay evidence being admissible for the purpose of a preliminary hearing, it is anticipated that the investigating officer will be the only individual routinely subpoenaed by the State for purposes of testimony. The video or audiotape of the child shall be subject to production by a timely subpoena duces tecum issued by counsel for the defendant and addressed and directed to the appropriate party. Upon proper foundation being laid in court, the tape will be introduced into evidence at the preliminary hearing in lieu of live testimony from the victim.

Criminal Court Responsibility

1. Judges should ensure that the child is protected during the trials by ensuring that the trials are conducted in a manner both protective of the child and absent of perpetrator intimidation, consistent with the defendant's Constitutional rights.
2. Judges should ensure that the case is given first priority on the trial calendar behind demand for trial for incarcerated defendants.
3. Continuances should not be given except on legal grounds and the case should be rescheduled as promptly as possible. Every effort should be made to complete the trial within ninety (90) days of the arrest. Every effort should be made to accommodate the witnesses contributing their time.
4. Sentencing should reflect the need to protect the victim from the perpetrator and be consistent with the family case plan enacted in Juvenile Court. To this end, communication with the Juvenile Court should be maintained prior to sentencing to ensure a consistent approach in handling the family situation.
5. Any plea bargaining for less than serve time should be closely scrutinized by the Court and approved only after consultation with Juvenile Court, DFACS, law enforcement and mental health personnel to ensure consistency with the family case plan.

The Department of Family and Children Services (DFACS), and Community Mental Health Center or Private Therapist with a Sexual Abuse Treatment Program approved by the Court should agree to the following format to provide services to the child, the family, and the offender:

1. Within one working day after the complaint is substantiated, DFACS will assist the parent or parents in identifying a list of appropriate counseling resources. DFACS will facilitate the referral.
2. There will be an identified person or persons in each counseling service to receive the referral. These referrals will be given priority.
3. The counseling service will complete an assessment process which may include: a social history of the family, a mental status exam on the perpetrator, and a family assessment. Depending on the need, DFACS may arrange for a psychological evaluation of the child. When a child is in DFACS custody, assessment under First Placement/Best Placement will be a priority.
4. The adult perpetrator should be referred to a qualified treatment resource who will select appropriate offender-specific treatment.
5. The caseworker may attend the first session to tell the therapist, in front of the perpetrator, exactly what has been substantiated in order to reduce denial.
6. Therapy of the child victim can also be handled either through private therapists or through the Community Mental Health Center. The treatment resources usually should not accept referrals, unless the client (or guardian) signs releases for all information to be shared among the agencies involved.

For Cases where child is not in DFACS custody:

1. DFACS will provide the Counseling Service with a complete history of the abuse.
2. DFACS will assess the environmental needs of family income, employment, housing, etc.
3. DFACS and the Counseling Service will schedule a time to review the information each has gathered. A problem list will be drawn up to spell out the overall needs of the family - therapeutic and environmental.

The Counseling Service and DFACS along with the family will complete a treatment plan in writing.

Initial Report

When the death of a person under the age of 18 occurs, and the death is suspected to be the result of maltreatment by a caretaker, the medical examiner or coroner will immediately notify the appropriate Law Enforcement agency designated to investigate child fatalities or DFACS. The appropriate Law Enforcement agency and DFACS will either assist with or complete the investigation as mutually agreed upon by three agencies involved at this point.

If a mutual agreement cannot be reached, then the agency in whose immediate jurisdiction the death occurred shall lead in the coordination of the investigation. If the autopsy reveals information indicating the death might have resulted from maltreatment, the coroner/medical examiner will immediately notify the appropriate Law Enforcement agency or DFACS, and the chairperson of the Child Abuse Protocol Committee (CAPC). Law Enforcement, in whose jurisdiction the death occurred, will be notified. The appropriate Law Enforcement Agency and DFACS will either assist with or complete the investigation as mutually agreed upon by the three agencies.

Reports/Time Limits

When a coroner/medical examiner files a report regarding the death of any child with the director of the division of forensic services of the Georgia Bureau of Investigation, pursuant to O.C.G.A. 45-16-24, that coroner/medical examiner at the same time shall also send a copy of that report to the chairperson of the Child Fatality Review Committee. See O.C.G.A. 19-15-3 for child fatality review procedures and responsibilities.

Within ten (10) days of receiving the medical examiner's report, the Child Fatality Review Committee shall meet, review the report, and conduct its own review into the death of the child named in the report. Law Enforcement and DFACS will be primarily responsible for conducting this investigation. Subpoenas for documents and/or the attendance of witnesses before the committee will be obtained whenever they are deemed necessary to assist in the investigation.

It is the responsibility of the chairperson to notify each committee member of the identity of the case(s) to be reviewed and the date, time and location of the meeting. It is the responsibility of individual committee members to complete Form #2 Agency Information, including any information about the family, or indicating they have no information. Form #2 will be brought to the meeting.

The investigation and a final report of the Child Fatality Review Committee regarding the death of the child shall be completed within twenty (20) days - weekends and holidays excluded - following the first meeting the committee held after receipt of the medical examiner's report. The committee's report will include:

1. statement of circumstances leading up to the death, and the cause of death
2. summary of any agency involvement with the child.

It is extremely important that all mandated agencies involved in services to allegedly abused/neglected children and their families follow this protocol. The protocol has been established so that appropriate, sensitive, and needed services are provided in the best possible manner.

1. The primary responsibility for any non-compliance and any conflict resolution shall rest with the Child Abuse Protocol Committee (CAPC) at their regular meeting. It is the responsibility of every Protocol Committee Member to report any non-compliance by any member agency to the CAPC team for resolution.
2. It will be the responsibility of the CAPC team to notify the Protocol Chair of all reported conflicts and acts of non-compliance, and the resolution of each report.
3. If the conflict or act of non-compliance cannot be resolved within the CAPC team, then the Chair of the Protocol Committee shall be notified of the impasse. The Chair will notify the entire Committee of the conflict or non-compliance and schedule a full hearing at the next regularly scheduled meeting.
4. Once the Committee acts on the conflict or non-compliance, the Chair of the Protocol Committee shall write a letter to the Director of the agency, or agencies involved, and explain the Committee's decision.
5. Once a year the CAPC will review the protocol and how it is working and make any and all recommendations for improvement.

We, the undersigned, do hereby accept the Child Abuse Protocol for our respective agencies and pledge our agency's cooperation with the procedures outlined herein.

________________________
(DA)

________________________
(DFACS)

________________________
(Law Enforcement)

etc.

Because the structure of handling CSA cases will differ among communities based on differences in county protocols and resources available, efforts have been made in this section to address those things most apt to be held in common regarding systemic factors involved in handling the forensic aspects of Child Protective Service (CPS) issues.

An important reference point in understanding the forensic aspects of CPS issues is to be familiar with state CPS policies. CPS policies have always had a process of evolution and change, but the current environment of questioning how to be as effective as possible has accelerated the changes that are occurring in CPS policies. For this reason, rather than including those policies here in a static document, the reader is encouraged to utilize the new web site listing CPS policies that can be found at the website below. CPS policies are now kept on-line and updated on-line. However, access is limited to those persons who have a need to know. If you feel you do have a proper reason to research the policies on-line, first access the Barton Clinic web site at http://www.childwelfare.net/DHR/policies. The web page will explain that 'For those working outside the Georgia child welfare system, please include an explanation of your need for access to the CPS manual so that we can pass that on to officials at the state office.'

Some aspects of the policies will be referred to in this section, but the reader will want to review in detail the original policies, which will be updated on the web site. Two very useful references from the web site include the schematics involving decision trees used by DFACS at the time of intake and also in making decisions about cases of alleged sexual abuse. Decisions made by DFACS on these factors are driven by policies that, in turn, are driven by specific laws (also indicated in the schematics).

The following two schematics are more useful once CPS policies are understood and learned. However, the schematics contain the briefest summary available of a great deal of data on how DFACS makes decisions from the point of first contact through an intake call and include steps toward intervention. The second of these schematics will also indicate time frames within which DFACS must operate when dealing with sexual abuse cases.

Schematics are currently being developed and will be added soon.

Description of CPS Time Frames

CPS time frames are dictated by state policy and local protocol and include consideration of such factors as:

• Age and vulnerability of the child
• Accessibility to alleged perpetrator
• Seriousness of allegations including the need for immediate medical attention or evaluation
• Bizarre punishment, acts, or parental behavior
• Previous or current CPS history
• Concurrent presence of substance abuse or domestic violence
• Expressed fears by the child
• Likelihood of obtaining concrete evidence to help substantiate or refute the allegations (e.g. timing of medical exams, etc.)

The CPS process begins when a call is placed to DFACS. Before action is taken, such as an interview, the intake worker gathers the data from the person making the report. The intake caseworker should ask a series of questions designed to elicit specific information about the care and well-being of minor children. At this stage, an incoming complaint is considered a "Referral". Whether a "Referral" becomes a CPS "Report" depends on several factors including:

• All referrals from mandated reporters on children under age 5 MUST be accepted and assigned for investigation.
• Whether the Referral includes an allegation of child maltreatment. DFACS currently is not opening cases for investigation on conditions thought to be at-risk circumstances alone, unless allegations include suspicions of an actual event or condition of deprivation or maltreatment.
• Whether the alleged event fits the definition of child sexual abuse (or of another abuse/neglect category). For example, a complaint that two 4-year-old children were found with clothes off, voluntarily inspecting each other's private parts with toy medical equipment while playing "doctor", would probably not fit under the definition of child sexual abuse. For more details on definitions, please refer to the section on this web site entitled, "Initiating the CPS Report to the Authorities."
• Alleged victim must be a minor (younger than 18).
• Jurisdiction, the location of the alleged abuse is the deciding factor. DFACS has specific policies that guide steps when more than one county is involved.
• Whether the alleged offender is a caretaker of the child. If the alleged offender is a non-caretaker out-of-home perpetrator, DFACS is not required by state policy to open a CPS case unless there is a failure-to-protect issue concerning the guardian. For example, if a 6-year-old boy is fondled by a 14-year-old neighbor while waiting for the school bus, DFACS would only open an ongoing case if the guardian of the 6-year-old refused to follow precautionary steps to protect the 6-year-old from further unrestricted contact with the 14-year-old. The case would be referred to law enforcement to determine legal consequences to the 14-year-old. On the other hand, many of the county protocols indicate an agreement for that county's DFACS agency to offer CPS involvement for out-of-home cases as an additional service to the community. As communities create and revise their county child abuse protocols, this is an important decision which needs to be considered and established.
• Common complaints which would typically be screened out as not indicating CPS involvement includes:
• Alleged rape of a person age 18 or older
• Mutual sexual play among preschool children
• Undesirable circumstances with no allegation of specific abuse or neglect
• Alleged CSA by an out-of-home perpetrator with no policy in the county protocol to involve DFACS in such a case.
• Historical incident, 6 months or more, which was not serious and was resolved in some other manner with no further risk to the child.
• Statutory Rape when there is evidence the parent protected the child.
• Custody issue in which the non-custodial parent is "suspicious" of the ex-spouse's new boyfriend/girlfriend.

Common CPS systemic dilemmas include:

• Reporters thinking DFACS should intervene because of less than ideal circumstances that do not necessarily represent an "event" or condition of deprivation. An example might be two single mothers who are roommates and have young children. A neighbor notes that the young women have male and female guests who visit at all hours, and sometimes male guests stay overnight. The neighbor contacts DFACS complaining that this is a dangerous and improper environment for children and that probably any number of inappropriate things are occurring behind closed doors. Such a call is apt to be screened out unless there are also clear examples of abuse or neglect. DFACS is a government agency and attempts to avoid situations that involve legislating morality when they are not directly tied to issues of deprivation.
• Another systemic issue which may be encountered is being unfamiliar with the increased emphasis on openness in communication to professional persons with a direct link to the deprived child. Recent revisions of policy encourage a more open collaborative exchange of information between DFACS and professionals dealing with the child to increase continuity of care and effectiveness of intervention. Be certain your community professionals are aware of this increased openness.
• Another systemic issue is the confusion among CPS, mental health, and law enforcement concerning their roles. Some persons have called DFACS for "help" with their symptomatic child. This is actually a therapy request best addressed to mental health treatment providers and not a CPS issue. Other parents or professionals may be frustrated that DFACS closes a case or does not open a case involving a clear allegation of a crime. The CPS role is to protect children. Law enforcement's role involves investigating alleged crimes and making arrests. Sometimes, CPS workers receive the frustrations of confronting issues that are not within the purview of CPS to resolve, and simply need to be redirected to the MDT team player more aptly suited to address those issues.
• Communities should think about what alternative responses are available for referrals which do not become a CPS Report, or which are not substantiated. One possibility is to remind people that information is forwarded to law enforcement and may be pursued as a criminal case, even though not continued by CPS. Concerned citizens should also be reminded of other services available in the community and referred to those agencies.

Law Enforcement Time Frames

It is helpful to understand that CPS and Law Enforcement policies are not identical. One area in which these differences are noted relates to the policies affecting when certain steps have to be accomplished. Here are some characteristics of Law Enforcement Time Frames:

• Very broad; Sometimes measured in years (e.g., number of years after a crime has occurred in which an arrest may still be made)
• Not connected to CPS requirements
• Best addressed in the county child abuse protocol in order to avoid conflict between CPS and Law Enforcement over time issues
• Consider "what if" contingency plans to prepare for time pressures in such things as:
• What to do in multiple victim and/or multiple perpetrator cases.
• What to do if another Law Enforcement emergency occurs simultaneously with a child abuse referral.
• Consider other Law Enforcement back-up plan. For example, city police can utilize sheriff's department. Sheriff can utilize GBI.
• Consider how to integrate the Special Investigator Unit (SIU) assigned for serious physical abuse, child fatality, and complex sexual abuse cases.

Initial Contact

Prior to pursuing a CPS complaint that warrants investigation, the Law Enforcement officer and CPS caseworker should jointly develop a strategic plan of action. Best practices in developing the strategic plan would include consideration of such issues as:

• A plan which jointly addresses both CPS and Law Enforcement goals
• An effective sequence of steps to take
• Timing considerations
• Location of the interview of the child (see below)
• Safety issues for the child and investigators
• Reducing or eliminating unnecessary additional interviews of the child

Those conducting interviews of children have many complex issues to consider. For a thorough examination of proper and effective interviewing techniques, please refer to web site topics, Interviewing and Extended Assessment," and "The National Child Advocacy Center Extended Forensic Model." Gathering information from a child is a process. Most children who have been abused multiple times are not able to share everything that happened to them in a single conversation. Although the risk of bias does increase somewhat with multiple interviews of the same subject, it is also a good idea not to think of information gathering from the child as an interview event. Such an expectation would not be realistic and would lead to frustration for the interviewers and a sense of undue pressure on the child, if he/she has been victimized.

Joint interviews by Law Enforcement and CPS should also address certain structural issues as follows:

• Child interviewers should always strive to develop as much expertise as possible through specific training on interviewing skills. Currently, Georgia does not legally require such specialized training, but best practices certainly should encourage moving LE/CPS interview teams toward specialized training of interviewing techniques.
• Even experienced LE/CPS professionals should consider occasional continuing education on interview techniques as the field has continued to evolve in this area.
• Appearance can be an important factor to a child. Generally speaking, Law Enforcement will get better cooperation from young children when not dressed in a police uniform. Some Law Enforcement agencies handle this as dress casual by wearing a knit or causal shirt with the name of the agency embroidered in small letters. CPS should also be dressed in a "business" style. Weapons, handcuffs, night sticks, etc. should only be worn if such attire is felt to be necessary for the safety and protection of everyone involved.
• Decide who will lead and who will play a supportive role before beginning the interview. Who leads is not a legal question as long as Law Enforcement and CPS issues are all covered and the non-leader can at least directly witness the interview in order to be able to testify without hearsay. Who will lead should be determined based on:
• The reaction of the child favoring one of the investigators
• The age of the child
• The gender of the child and the interviewers
• The gender of the perpetrator and non-offending guardian
• The level of expertise of the interviewers if different from each other
• Whatever will minimize disruptions of communication (e.g., if the child has already started voluntarily talking to one of the interviewers)
• Separate interviews by Law Enforcement and CPS are not recommended.

Note: Although the interview with the child by CPS and Law Enforcement will focus on the allegations of sexual abuse, the CPS worker is expected to explore all information which would suggest other incidents or conditions of maltreatment or safety. Some examples include lack of supervision, medical neglect, or substance abuse. The MDT team should then explore how this additional information will be pursued.

Part of the pre-interview strategic planning deals with choosing a proper location. Many factors impinge on the issue of location. Some issues to consider include the following:

• The location should be "child friendly", meaning a place where children can feel as comfortable as possible to increase their probability of open communication.
• The interview room itself should be "private". Interviews should not be in a place where interruptions are apt to occur, or where the child knows others could walk by and observe the interview.
• The interview should take place away from the alleged offender. It is inappropriate to check out a child's validity by seeing if they will act in some predetermined manner around the offender while discussing the allegations. Such practices are unduly stressful on children, and often do not yield findings as expected by.
• Interviews are preferable away from either parent. Although special circumstances sometimes work with the presence of the non-offending guardian to reassure the child, efforts should be made to interview the child with neither guardian present to reduce the probability of bias.
• Whenever possible, it is preferable to interview children prior to parents learning of the purpose of the interview and talking with their children about it. This is not always possible, but simply a preference. Even when telling the parent at home, try to gain access to the child first and direct the parent to another room so as not to influence the child's responses. Some children will not disclose in a manner sufficient to Substantiate or Unsubstantiate an allegation in one or two interviews. For children who need an extended assessment, safety of the child is the primary issue.
• Schools are often a good location for investigators to make first contact with children. Usually, a minimum of questions can be asked to determine if it would be worthwhile to move the child to a pre-designated interview site with videotaping capabilities. Investigators need to be sure the entire school system has worked out appropriate policies for accommodating investigators on the school campus. Remember that Law Enforcement can transport a child with probable cause, but DFACS has no authorization to transport.

Interviewing Non-Offending Parents

Another very strategic part of an investigation of child sexual abuse can be the interactions with non-offending parents. If the alleged perpetrator is a husband, boyfriend or direct relative of the non-offending guardian, this can complicate matters considerably. In fact, the most common CSA case involves a child offended by a stepfather, father, older sibling, grandparent, or uncle related to the mother. Thus, the non-offending guardian's life is also immediately disrupted and this can complicate his/her ability to concentrate on the welfare of the alleged child victim.

Some interviewing issues are:

• Gather information to determine safety of the child.
• Interview the non-offending parent(s) separately and, when possible, before they have had contact with the child or alleged perpetrator.
• Acknowledge the strong emotional response that inevitably occurs as the child's story is shared--disbelief, denial, betrayal, anger, rage, fear, etc.
• Be aware that non-offending parents were often victims of sexual abuse themselves and may be reacting to their own histories as well.
• Determine whether the non-offending parent(s) had any knowledge of circumstances of abuse and what role they may have played (direct/indirect, knowing/unknowing).
• Determine their willingness and ability to provide safety and protection for the child(ren) including safety from further sexual abuse as well as pressure (physical, emotional, or psychological) to change the story.
• Determine whether they can corroborate any of the circumstances surrounding the alleged abuse.
• Determine their belief in the child's statements and what it means to/for them.
• Remember that multiple interviews may be necessary--their views on many of these issues may vacillate after talking to the children and the alleged perpetrator.
• Interviews should also search for underlying causes or factors contributing to the possibility of the abuse or lack of protection such as substance abuse, domestic violence, personality disorders, mental limitations or illness, extreme dependency, etc.
• Determine other family members or friends who could be a support or a resource for the non-offending parent and/or the children.

Additional issues about non-offending guardians are available in this resource, "Forensic Issues with Non-Offending Parents."

Another important step in an investigation, required by DFACS policy, is to interview all of the other children in the home of the alleged victim, and any other children under the care of the alleged abuser. Research has indicated that a substantial risk of abuse is also present in these other children living with the victim. In addition, siblings can be valuable witnesses to corroborate abuse or the setting of abuse (such as affirming they saw the perpetrator take the child into the bedroom and lock the door and then heard crying). Issues to consider when interviewing siblings and other children in the home include:

• Interviewing children separately and, when possible, before either the parent(s) or the alleged perpetrator has had an opportunity to talk to them.
• Assume they may also be victims, and offer an opportunity to be interviewed as such.
• Assume they may also have been forced to participate or perpetrate, so they may fear punishment if they tell.
• Investigators should compare children's statements after interviews to determine gaps in information and possible discrepancies that should be clarified before interviewing the parent(s) or the alleged offender.
• When possible, interview others who may have corroborating information about events, dates, etc., prior to interviewing the children so the interview can be focused on concrete issues.
• When possible, find out from teachers or others something about the child's general cognitive ability, interests, or other factors that could facilitate the interview process (this could be effective when interviewing victims as well).
• Interview the other children in a timely manner.

Once Law Enforcement has concluded that a crime related to sexual abuse has been committed by a certain person, they will then interview the alleged perpetrator. This interview is referred to as an "Interrogation" because the goal is not simply to gather information, but to attempt to extract a confession. Please see the section in this resource on techniques for interrogating sexual offenders.

However, CPS will also eventually need to interview alleged offenders for the purpose of completing findings related to establishing a case and planning to address a child's safety needs. Things to consider when ready to interview an alleged offender include the following:

• The CPS interview should be coordinated with Law Enforcement and take place after the Law Enforcement interrogation.
• If the alleged offender has an attorney, the CPS caseworker must obtain permission from the attorney in order to talk with the alleged offender.
• The information may be needed to prepare for court, if indicated.
• Assess the alleged offender's willingness to cooperate with the investigation and a safety and protection plan.

CPS investigators also will need to interview other witnesses and collateral contacts as well as references offered by the parents. Factors to consider when planning these interviews include the following issues:

• All persons with potential information that could substantiate or refute the allegations must be interviewed.
• Contacts should include people who know the child and family apart from the specific allegations (e.g., school teachers, physician, neighbors/family with recent ongoing contact, or estranged family who may have important historical data). Information should be collected on parenting practices, possible substance abuse, domestic violence, or mental health issues as well.
• Determine which collateral contacts will be made jointly with Law Enforcement.

Investigators may be the ones making determinations on the conditions under which to obtain medical evaluations (of course, this may already have been accomplished by the non-offending guardian). Like everyone on the MDT team, the health professionals conducting exams of allegedly sexually abused children should have specialized training for that specific purpose.

However, the investigators also need to think about the issue of physical exams, including when and to whom to refer. Factors to consider include the following:

• How the cost of medical services will be covered
• The level of expertise and training of the examiner. The ability of the examiner to obtain a second opinion.
• The timing of the examination
• The fact that an absence of medical findings does not negate an allegation
• The goal of the health care services guidelines involves maximizing the collection of evidence while minimizing the probability of further trauma to the child.
• Be certain that parental permission and/or legal authority is obtained to authorize the exam.
• Be certain the examiners will be available to testify in court if needed.
• If the county protocol does not address conducting physical examinations, a specific medical protocol should be developed and followed that includes such issues as: timing of the exam, when tests/exams should be done based on the allegations, who should and should not be present during the exam, and under what circumstances.

Finally, mental health professionals can offer significant help to the process of a CSA investigation. As with all professionals, therapists should have specialized training in working with sexually abused children in order to be best prepared for their role in the investigation. For a discussion of formal mental health assessments of both victims and offenders, please review the sections by Dr. Nancy McGarrah and Dr. Julie Medlin. Typical issues affecting the role of mental health professionals in the investigative process include the following:

• A thorough understanding of normative vs. pathological behavior
• A knowledge of specific trauma symptoms often found in sexually abused children
• A thorough understanding of child development
• Training and experience in testifying in court as an expert witness
• Knowledge of laws, ethical issues, and procedures affecting issues of documentation in the clinical chart
• Recording of the child's actual words regarding abuse statements rather than a summary statement paraphrasing the meaning

Next Steps

Critical decisions will be made at each stage of the investigation. The CPS worker and Law Enforcement Officer should decide together how all parties will be informed of progress and what will happen next. Careful communication is essential. This includes:

• When and how the parents/guardians will be notified at each stage. (At a minimum, CPS policy requires that the parent/guardian be notified immediately if a child is interviewed at school or another site without parental knowledge.)
• If the child was interviewed at school, someone should get back in touch with the school to let them know what to expect. (e.g., whether the child was taken into custody, whether the child will or will not return to school the next day, how they can support the child, whether the parent/alleged offender has threatened to go to the school or complain about the school's involvement, etc.)
• If the child received a medical exam, CPS will determine whether the physician or others would need information-feedback similar to dynamics of communication with school.
• CPS and LE will determine when others should be brought into the case. (e.g. DA's office, CASA etc.)
• If it is determined that the child cannot be safe with the non-offending guardian and another plan must be made, the team will follow the necessary steps to provide safety. CPS policy has clear guidelines regarding voluntary placements by the guardian with relatives/friends. Local teams should be familiar with these policy requirements as well as the normal legal steps to initiate court protection.

Role of CPS Supervisor

By CPS policy, the CPS Supervisor is responsible for authorizing many steps in the decision-making process, especially whether DFACS will take action to initiate a child being taken into custody. For a variety of reasons, the CPS Supervisor may be more involved in close, ongoing supervision throughout the investigation. This should be seen by Law Enforcement as a reflection of CPS practice rather than mistrust or an attempt to interfere with a Law Enforcement responsibility.

This section depicting Child Protective Service Issues has focused on the systemic issues which communities often face in how to integrate CPS services with other intervention services in an effective and collaborative manner. Skill issues in how to accomplish some of these steps (such as interviewing) are left for other sections on this web site to address.