21.01 Definitions

• Abuse: Non-accidental infliction or threat of infliction of physical injury or mental/emotional damage to a child by a person responsible for the child's wellbeing.

• Bodily Injury: Physical pain, illness, or impairment of physical condition.

• Child: Defined as a person under 18 years, not married, or not having had disabilities of minority removed. The legal age varies in statutes concerning crimes against children.

• Child Protective Worker: Staff from the Department of Family and Protective Services (DFPS) or designated agency trained to investigate child abuse.

• Court: Refers to the District Court with jurisdiction over civil proceedings affecting the parent-child relationship.

• Designated Agency: An agency appointed by the court to protect children and receive reports of child abuse.

• Emergency Removal: Taking a child from home without parental consent before a court hearing due to reasonable belief of immediate danger.

• Emotional Neglect: Inadequate provision for a child’s developmental needs by the parent or caretaker.

• Exploitation: Coercing a child into harmful activities by a person responsible for the child's welfare. Examples include begging or too many work hours.

• Lack of Supervision: Parent’s failure to account for a child's actions or whereabouts. Examples: unattended young children or preteens responsible for younger siblings.

• Medical Neglect: Failure to provide necessary medical treatment to the child, such as neglecting malnutrition or emotional disturbances.

21.02 Policy

• Responsibility for investigating child abuse falls under both the Bexar County Sheriff's Office (BCSO) for criminal cases and DFPS for family rehabilitation.

• Coordination between BCSO and DFPS is essential to ensure the safety of children and proper case tracking.

21.03 Reporting Child Abuse and Neglect

• Duty of Patrol Officers: Must investigate reports of child welfare complaints and notify a child abuse investigator. An offense report must be written and forwarded to DFPS and the Criminal Investigations Division.

• Failure to Report: Knowingly failing to report child abuse is a Class B misdemeanor.

• Patrol Officers must collect key information when responding to reports, including the child’s name and age, parent information, and details of the incident.

21.04 Responding to Reports of Child Abuse or Neglect

• Patrol officers must respond to reports of child abuse/neglect based on injury assessment, risk potential, and community standards.

• If signs of neglect are present, officers must take steps to ensure appropriate adult supervision for the child and document home conditions.

• Officers should speak to parents about the child’s welfare, encourage necessary medical treatment, and offer community resources.

21.05 Identification of Child Abuse and Neglect

• Indications of Severe Injury: Officers should look for burns, injuries on the head, bruises, and unexplained abdominal injuries while documenting the situation.

• Any inconsistencies in the parents' explanations for injuries or indications of a hostile home environment must be recorded.

• Signs of neglect such as abandonment, environmental dangers, inadequate food/clothing, and signs of injury must be assessed and documented.

21.06 Intervention Requirement

• Officers must intervene if a child has suffered serious injury, is at imminent risk, has been sexually abused, or needs immediate medical attention against parental wishes.

• Outside the home, officers should identify and notify parents and take appropriate steps to ensure the child’s safety.

21.07 Emergency Removal

• Officers may remove a child without parental consent if they believe there is immediate danger, provided that a patrol supervisor and the Criminal Investigations Division are notified.

• Reports detailing the removal circumstances and injuries must be submitted immediately after removal.

21.08 Sheriff's Office-Social Agency Cooperation

• If DFPS reports serious harm to a child, the Sheriff’s Office must investigate and obtain necessary information from DFPS.

• Cooperation with DFPS during interviews and investigations is crucial, particularly when interviewing child victims.

21.09 Field and Investigative Interviews

• Officers must inform suspects of their Miranda rights. Individual interviews are recommended, and parental permission should be sought for child interviews.

21.10 Unattended Children in Cars

• Leaving a child under 7 years unattended in a vehicle for more than five minutes is a Class C misdemeanor.

• Specific aggravated circumstances of leaving a child may lead to custodial arrest, and requisite reports must be forwarded to the Criminal Investigations Division.

21.11 Sheriff's Office Procedures in All Cases

• All reports of child abuse/neglect must be received on a continuous basis and assessed for emergency necessity.

• Officers should prioritize child protection during investigations, ensuring immediate notification of DFPS and documentation of findings.