Child Abuse Investigations
Types of Child Abuse & Related Offenses
Emotional Abuse: Excessive/unreasonable parental behavior; handled by Child Protective Services (CPS) with no criminal sanctions.
Neglect: Failure to provide necessities or protect. Includes Abandonment of Dependent Person, Criminal Mistreatment (1st-4th), Endangerment with Controlled Substance, Leaving a Child with a Registered Sex Offender (RSO).
Dependent Person: Requires another for necessities due to disability or advanced age.
Basic Necessities of Life: Food, water, shelter, clothing, medically necessary health care.
Sexual Abuse: Rape, molestation, indecent liberties.
Rape of a Child (RCW 9A.44): Degrees (1st, 2nd, 3rd) based on victim age (under 12, 12-14, 14-15) and suspect's age difference (24, 36, 48 months older).
Child Molestation (RCW 9A.44): "Sexual contact" for gratifying sexual desire. Degrees (1st, 2nd, 3rd) based on victim age (under 12, 12-14, 14-15) and suspect's age difference (36, 36, 48 months older).
Sexual Misconduct w/Minor (RCW 9A.44): Degrees (1st for intercourse, 2nd for sexual contact) involving victims aged 16-18 (or 16-21 if school employee/student) and suspect 60+ months older, or suspect in a significant relationship or supervisory position.
Physical Abuse: Unreasonable force.
Assault of Child (RCW 9A.36): Degrees (1st, 2nd, 3rd); victim under 13, suspect over 18.
Criminal Mistreatment (RCW 9A.42): 1st-4th degrees; suspect is parent/caretaker; degree based on injury inflicted or potential for injury.
Homicide By Abuse: Death of a child under 16 or dependent adult due to extreme indifference, with perpetrator having a pattern of assault or torture.
Use of Force on Children
Lawful Physical Discipline (RCW 9A.16.100): Must be reasonable, moderate, by parent/teacher/guardian, for restraint or correction.
Unlawful Actions: Throwing, kicking, cutting, burning; striking with a closed fist; shaking a child under 3; interfering with breathing; threatening with a deadly weapon; causing more than transient pain or temporary marks.
Transient Pain / Temporary Marks: Determined by age, size, condition of the child, and injury location.
Balancing Rights and Child Welfare
When rights of a child's basic nurture, health, and safety conflict with parental legal rights, the child's rights and safety prevail.
Signs of Possible Child Abuse
Bruise Location: Distinct patterns indicate high/low suspicion of abuse.
"TEN-4" Rule: Bruising to Torso, Ears, and/or Neck on a child under 4 years old.
Infant Bruising: Any bruising on an infant not yet mobile ("If they don't cruise, they don't bruise").
Duty to Protect and Investigate (RCW 26.44)
Interviewing Children: Law enforcement officer (LEO)/CPS can interview children at school, daycare, home, or suitable location. Parental notification ASAP if it does not interfere with child safety or investigation. Child can request a 3rd party.
Release of Records: LEO/CPS have access to relevant child records from mandated reporters (schools, daycares, medical).
Protective Custody (RCW 26.44.050): LEO can take a child into custody without a court order if probable cause of abuse/neglect exists AND there's an imminent threat of injury or inability to secure custody otherwise.
Forensic Child Interview
Conducted by a trained specialist in a child-friendly environment using non-leading questions.
Evaluates the child's ability to distinguish reality from imagination, tell chronological stories, understand truth-telling, and correct interviewer errors.
Investigative Considerations
Investigative Bias: Be aware of emotional bias, confirmatory bias, and dangerousness of perceived innocence.
Multidisciplinary Team (MDT): Collaboration among CPS, medical, LEO, therapists, forensic interviewers, and legal counsel is essential for coordinated response and information sharing.
C-POD Guidelines for First Responders (Child Deaths & Serious Injuries)
Collaboration: Immediate, coordinated response between EMS, LEO, Medical Examiner (ME), and CPS.
Preservation: Maintain scene integrity and evidence. Do not move clearly deceased children. LEO controls scene during death investigation. Minimize access and prevent cleanup.
Observation: Be alert and perceptive. Suspend assumptions. Note all witnesses, demeanors, contradictory statements, out-of-place items, and environmental factors.
Documentation: Record the scene with photos, video, measurements. Obtain statements from all responders, establish a child's pre/post-injury timeline, and reconstruct the scene (e.g., using dolls).
Sudden Infant Death Syndrome (SIDS)
Definition: Sudden death of an infant under one year, unexplained after thorough case investigation, complete autopsy, death scene examination, and clinical history review.
Investigation: Treat the scene as a crime scene, but do not treat caretakers as criminals.
Abusive Head Trauma (Shaken Baby Syndrome)
A collection of injuries resulting from a specific mechanism of injury.
Triggers: Often crying or toddler behaviors.
Child Injuries: Patterned Bruising / Injury
Mechanism: Abusers use available objects (hands, belts, cords, household items).
Appearance: Impact with a patterned object can leave a patterned lesion. Faster impacts may leave negative imprints, slower impacts positive imprints.
Bruise Definitions:
Hematoma: Blood extravasated from the vascular system.
Contusion: Bleeding beneath intact skin at blunt impact site.
Ecchymosis: Blood dissected through tissue planes, visible externally.
Scald Injuries
Water temperature directly correlates with the time needed to cause burns. For example, water at 122^{\circ}F can cause a 2nd/3rd degree burn in 5 minutes, while 140^{\circ}F can do so in 5 seconds. The recommended home water heater setting is 120^{\circ}F (49^{\circ}C).
General Abuse Investigation Steps
Obtain detailed history from caretaker(s).
Establish a timeline of the victim's whereabouts.
Contact everyone who has been around the victim within that timeline.
Visit the crime scene to verify consistency with the given history.
Consult with medical staff to review history, scene, and observations.