Training Bulletin IV-E Child Abuse PDF

OFFICE OF CHIEF OF POLICE
OAKLAND POLICE DEPARTMENT
MEMORANDUM
TO: All Personnel DATE: 16 Sep 14
SUBJECT: Revision of Training Bulletin IV-C, SEXUAL ASSAULTS

and Training Bulletin IV-E, CHILD ABUSE (Rev. 14 Apr 14)
The purpose of this memorandum is to notify members of a revision to Training Bulletin IV-C,
SEXUAL ASSAULTS and Training Bulletin IV-E, CHILD ABUSE. The revision is identical in
both documents and only affects follow-up investigators.
The revisions are on Page 5-6 of TB IV-C and page 23 of TB IV-E, as follows:
Previous language:
Submit lab requests for analysis of biological material in ALL cases with sexual assault kits
and/or biological evidence, absent those deemed UNFOUNDED by the SVU supervisor. A
detailed explanation of why the case was UNFOUNDED shall be documented in the follow-
up investigation by the assigned investigator.
Revised language:
Evaluate, inventory and assess all evidence for testing. Absent those items listed below as
“exceptions” all lab requests for the analysis of biological material, e.g., SART Kits
and/or other biological evidence, shall be submitted within 7-business days of the case
being received by an investigator for investigation. However; if additional time is needed
to evaluate the case to determine the necessity of the lab request, this fact must be
articulated and documented in follow-up investigation report.
Exceptions to making lab requests:
Based upon the investigator’s evaluation of the “totality of circumstances” of the case
and with the expressed approval of the reviewing SVU supervisor, investigators may
elect NOT to have a SART Kit and/or other biological evidence processed and analyzed
by the Crime Lab. Reasons for not requesting such action must be clearly articulated and
documented in the investigator’s follow-up investigation. These reasons may include, but
are not limited to:
1. Case is deemed UNFOUNDED, i.e., the crime did not occur;
2. The victim’s lack of credibility and there does NOT appear to be a clear public safety
issue;
3. The victim’s outright refusal to cooperate and there does NOT appear to be a clear
public safety issue;
4. The investigator has tried but has been unsuccessful in contacting/re-interviewing the
victim, to confmn validity of the crime;
5. The testing of the evidence would have no impact on the case, e.g., both "known"
parties admitted to having consensual sex but the victim later removed the consent.
[This DOES NOT APPLY TO ANY CASE INVOLVING A CHILD - person under
the age of 18]
By order of
Sean Whent
Chief of Police Date Signed: '1-11-/1./
TRAINING BULLETIN
Effective Date: Index Number: IV-E
16 Sep 14 Alpha Index: Child Abuse
Evaluation Coordinator: YFSS Commander

Automatic Revision Cycle: 3 Years
“Department Training Bulletins shall be used to advise members of current police techniques and
procedures and shall constitute official policy.”
POLICE RESPONSE TO CHILD ABUSE
The U.S. Department of Health and Human Services reported than in 2011, over 676,000 children
were the victims of child abuse or neglect.1 That same year, at least 1,570 children died as a result
of abuse or neglect.2 However, many researchers believe the number of child fatalities is
underreported. Over 81% of these deaths involved children under the age of four.
While the youngest children may be the most vulnerable to serious injury and death, children of all
ages suffer abuse, including adolescents.
While adolescents may have more options than younger victims, their options are not necessarily
positive ones. Many adolescents involved in prostitution and alcohol and drug abuse are victims of
physical and/or sexual child abuse and/or child neglect. Indeed, children who suffer abuse are at
risk for many of adverse, long-term consequences, including increased risk of delinquency, teen
pregnancy, low academic performance, drug or alcohol abuse, mental health issues and physical
ailments.3 These consequences can last into adulthood. The U.S. Center for Disease Control
published a study in 2012 finding that the estimated financial costs associated with just one year of
confirmed cases of child maltreatment to be $124 billion.4 These costs included criminal justice
system costs, child welfare costs, childhood medical and mental health treatment and projected
adult medical treatment and productivity loss.
This Training Bulletin discusses the five (5) types of child abuse. After defining and describing
the types of child abuse and the Penal Code sections which apply to each, the Training Bulletin
examines the responsibility of the patrol officer called to the scene of a potential child-abuse
incident.
1
U.S. Department of Health and Human Services, Administration for Children and Families,
Administration on Children, Youth and Families, Children’s Bureau. (2013). Child Maltreatment
2011.
2
U.S. Department of Health and Human Services Administration for Children and Families
Administration on Children, Youth and Families Children’s Bureau. (2013), Child Abuse and
Neglect Fatalities 2011: Statistics and Interventions
3
U.S. Department of Health and Human Services Administration for Children and Families
Administration on Children, Youth and Families Children’s Bureau. (2008), Long-term
Consequences of Child Abuse and Neglect.
4
Fang, et al. Child Abuse & Neglect (Vol 13, Issue 2, 2012), The Economic Burden of Child
Maltreatment in the United States and Implications for Prevention.
Child Abuse, Index Number IV-E
I. TYPES OF CHILD ABUSE
The five (5) types of child abuse are physical, sexual, child sexual exploitation, child neglect,
and emotional maltreatment of a child.
Physical Child Abuse
Definition
Physical child abuse is any act that results in a non-accidental, physical injury to a child.
Non-accidental, physical injury most often occurs as a result of unreasonable corporal punish-
ment.
It is lawful for a parent to discipline a child and, in doing so, to administer reasonable
punishment, including the infliction of reasonable corporal punishment. However, it is not
lawful for a parent to inflict unjustifiable punishment upon a child. Corporal punishment is
not justified if the punishment is excessive or not reasonably necessary under the
circumstances.5
Most often, unreasonable corporal punishment occurs when a person shakes, hits, or throws a
child.
Physical child abuse also includes deliberate assault upon a child, such as a person biting,
cutting, and/or poking a child and/or twisting a child's limbs.
Physical Symptoms of Physical Child Abuse
A. Head Injuries
Shaken-Infant Syndrome, also known as Abusive Head Trauma, is the leading cause of
death of physical child-abuse victims.
Shaken-Infant Syndrome is indicated when intra-cranial and intra-ocular hemorrhage

occurs in the absence of signs of external injury to the head.
Such shaking may also produce lesions on the long bones. Whiplash is indicated by
vomiting, rapidly enlarging head, and subtle neurological signs, such as twitching fingers
or dysfunctional coordination skills, which may become permanent. Shaken-Infant
Syndrome may also result in learning problems or death.
Most frequently, injuries such as these are reported by a physician who suspects that the
injuries have been caused by child abuse.
5
California Jury Instruction 4.80, Parent's Right to Discipline Child; and
California Jury Instructions – Criminal. CALJIC 9.36 Child abuse. ("Every person who willfully
inflicts upon any child any cruel or inhuman corporal punishment or an injury resulting in a
traumatic condition is guilty of a violation of [California] Penal Code section 273d, a crime. In
order to prove this crime, each of the following elements must be proved: (1) A person willfully
inflicted cruel or inhuman punishment or an injury upon the body of a child; and (2) The infliction
of this punishment or this injury resulted in a traumatic condition.")
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16 Sep 14 ● Oakland Police Department
B. Internal injuries
Internal injuries to the liver, spleen, pancreas, kidneys, or other vital organs may be
caused by blunt blows to the body and are the second leading cause of death of physical
child-abuse victims.
C. Bruises on body surfaces such as buttocks, back, genitals, and face. (Figures 1 and 2)
These bruises may appear in a pattern, such as the outline of a hand; resemble the
impression made by a ring, paddle, or switch; or appear linear when made by a belt, strap,
or rope.
Blows from a heavy object on soft tissue result in deep muscular bruises that, while rarely
discolored, may be seen on X-rays.
An officer should note the color,

shape, and size of a bruise. Such
factors help identify when the
injury occurred and the degree to
which the bruise has healed.
Figures 1 and 2: These photographs show the evidence of a recent beating on a six-year-old boy.
The linear marks were made with a belt. Round marks were made with a fist.
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D. Abrasions and lacerations
An officer notes the number and location of abrasions and lacerations. (Figures 3 and 4)
A laceration in the mouth, for example, can be the result of a child falling with an object
in his or her mouth or can be the result of the use of excessive force during feeding.
When found on an infant not yet able to stand, a laceration in the mouth is suspicious and
may indicate physical child abuse.
Figure 3:
Multiple fresh loop and linear Figure 4:
marks on a twelve-year-old girl. The injuries on this eight-month-old
boy consisted of multiple, short, linear
lesions created by “disciplining” the
child with a hairbrush or similar
instrument.
E. Welts on the skin
Welts may indicate swelling as a result of physical force.
F. Burns
Without some evidence of a child's instinctive withdrawal, such as splashes or

unevenness in pattern, burns are highly suspect and warrant an officer's further
investigation. (Figure 5)
Figure 5:
Doughnut-shaped burn on the buttocks of a 4 year

old girl. Note the central area of spared skin. The
child was forcibly held against the relatively cool
bottom of a sink while hot water burned the area
surrounding the center.
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G. Skeletal injuries
Rib fractures caused by blunt force or compression are the most common fractures found
as a result of child abuse.
When present before a child starts to walk, spiral fractures of long bones resulting from
pulling or twisting are almost always the result of abuse.
Fractures are most suspicious when there are multiple fractures, fractures in different
stages of healing, skull or clavicle fractures, and/or unexplained fractures revealed by
x-ray. (Figures 6, 7, and 8)
Behavioral Symptoms of Physical Child Abuse
Behavioral symptoms which may be indicators of physical child abuse include the child's fear
of going home; fear of a parent, guardian, friend or relative; wariness of adult contact;
inappropriate dressing to cover abuse marks; and/or inappropriate, unusual, or aggressive
behavior with other children, animals, or toys.
Penal Code Sections which Apply to Physical Child Abuse
273d PC - Physical Abuse of a Child
This Penal Code Section pertains to any cruel or inhuman corporal punishment or injury
visited upon a child which results in a traumatic condition. A traumatic condition is defined
as a wound or external or internal injury, whether of a minor or serious nature, caused by
physical force. 273d PC can be charged as either a felony or a misdemeanor.
Figures 6, 7, and 8:
This five-month-old girl was beaten
with a broom by her father in a domes-
tic argument with the mother.
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206 PC - Torture
This Penal Code section may apply in severe cases of physical abuse. To prove torture, one
must show (1) the defendant inflicted a great bodily injury and (2) the defendant intended to
cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or
for any sadistic purpose.
Child Sexual Abuse
Definition
Child sexual abuse is a sexual assault on or exploitation of a person under the age of eighteen
years.
Sexual abuse covers a broad spectrum of behavior and may consist of one incident or of many
incidents occurring over a prolonged period of time.
Physical Symptoms of Child Sexual Abuse
Physical symptoms of child sexual abuse are uncommon. They include:
Difficulty in walking or sitting due to genital or anal pain.
Injury or irritation to external genitalia or vaginal or anal areas, such as pain, itching,
swelling, bruising, bleeding, lacerations, and/or abrasions, especially when such injuries
or irritations are unexplained by or are inconsistent with medical diagnosis.
Genital discharge or infection.
Pregnancy or the presence of sexually transmitted diseases.
Torn, stained, or bloody underclothing.
Pain upon urination or defecation.
Psychosomatic symptoms such as stomach aches and headaches.
Behavioral Symptoms of Sexual Child Abuse
Detailed and age-inappropriate understanding of sexual behavior, especially by younger

children.
Inappropriate, unusual, or aggressive sexual behavior with peers or toys.
Compulsive, indiscreet masturbation.
Excessive curiosity about sexual matters or the genitalia of self and others.
Displayed self-consciousness of the body beyond that expected for age.
Unusually seductive behavior with classmates, teachers, and other adults.
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Excessive concern about homosexuality, especially by boys.
Leaves “clues” likely to provoke a discussion of sexual issues.
Writes or draws sexual or frightening images.
Fear of parents or caretakers or of going home. Fear of home life demonstrated by

arriving at school early and leaving late.
Bed wetting or soiling accidents unrelated to toilet training.
Sudden change in eating habits, including a refusal to eat, change in appetite or difficulty
swallowing.
Phobias and/or overly compulsive behavior.
School problems or significant changes in school performance and attitude.
Age-inappropriate behavior (showing maturity beyond years or displaying regressive

behavior such as bed wetting or thumb sucking).
Drastic behavior changes.
Sleep disturbances, such as nightmares, fear of falling asleep, or fretful or prolonged

sleeping.
Withdrawal, chronic fatigue, and/or clinical depression.
Overly compliant behavior.
Poor hygiene or excessive bathing.
Thinks of body as repulsive, dirty or bad.
Poor peer relations and social skills, inability to make friends.
Runaway, aggressive, antisocial, or delinquent behavior.
Alcohol or drug abuse.
Prostitution or excessive promiscuity.
Refusal to dress for physical education, non-participation in sports and social activities.
Sudden fear of other things, such as going outside or participating in familiar activities, or
a sudden fear of people.
Extraordinary fear of the opposite sex.
Sudden acquisition of money, clothes, or gifts with no reasonable explanation.
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Talks about a new, older friend.
Refuses to talk about a secret shared with an adult or older child.
Suicide attempt or other self-destructive behavior.
Self-injury, such as cutting or burning.
Crying without provocation.
Behavioral Clues of Adults who Sexually Abuse Children
Has a “special” child friend. This child friend may change from year to year.
Spends an inordinate amount of time with children and/or shows little interest in
spending time with adults.
Encourages secrets in children.
Views child pornography.
Insists on or arranges to spend uninterrupted alone time with a child.
Frequently insists on hugging, kissing, tickling, wrestling, massaging or otherwise

touching a child, even in front of other adults or the child’s parents.
Makes sexual jokes in front of children.
Seems “too good to be true,” by frequently offering to babysit the child, take the child on
special outings alone, or otherwise supervise the child alone.
Acts as the child’s same-age friend.
Gives the child gifts or money for no apparent reason.
Frequently walks in on the child in the bathroom or while changing.
“Accidently” touches child’s private parts.
Facts about Child Sexual Abuse
95% of offenders are known to their victim and the victim’s family.
It is not uncommon for some offenders to think of child sexual abuse as “seduction.”
Some people who sexually abuse children find it more arousing when they make the child
“feel like a partner.”
60%-80% of offenders do not cause physical pain or harm to the child.
Only 5% of child sexual abuse incidents result in physical evidence.
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Offenders may sexually abuse children of both genders, particularly if their victims are
very young.
Child Sexual Exploitation
Definition
Child Sexual Exploitation is the sexual abuse of children and youth through the exchange of
sex or sexual acts for drugs, food, shelter, protection, other basics of life, and/or money.
Sexual exploitation includes involving children and youth in creating pornography and
sexually explicit websites. There are four distinct types of child sexual exploitation:
A. Child Pornography: Any media (film, video, photocopy) that depicts children (persons
under the age of 18) engaging in, or simulating sexual conduct. Includes partial or full
nudity where the “focal point” is the genitals.
B. Child Sex Rings: A networking of offenders who share (sexually abuse) a pool of
victims. Offenders usually work and/or volunteer in traditional “positions of trust.”
C. Commercial Sexual Exploitation of Children (“CSEC”) (formerly referred to as “child

prostitution,” and also sometimes referred to as “human trafficking”): Causing, inducing
or persuading (or attempting to cause, induce or persuade) a minor to engage in a
commercial sexual act. In determining whether the minor was caused, induced or
persuaded to engage in such an act, the court will look at the totality of the circumstances,
including the age of the minor, his or her relationship to the trafficker and any disabilities
the minor may have. Consent by the minor and mistake of age are not defenses to this
crime. For the purpose of this section, a “commercial sexual act” requires the exchange
of anything of value, which includes not just money but also food, shelter, transportation,
drugs, transportation and more.
D. Internet (Technology Facilitated) Crimes Against Children: The utilization of the Internet
(or other technology) to facilitate the sexual exploitation of children.
Indicators and/or Symptoms of Child Sexual Exploitation
While many of the same symptoms of child sexual abuse may be present in child sexual
exploitation, there are some indicators which should also be known:
Runaway;
Truant;
Associating with older males;
Tattoos;
Excessive time on the Internet/cell phone;
Condoms, motel receipts/keys in possession; and/or
Injuries from being hit.
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Penal Code Sections normally applicable to Child Sexual Exploitation and Child Sexual
Abuse
207 PC Kidnapping (Felony)
207 PC Kidnapping <14 (Felony)
209 PC Kidnapping for Rape (Felony)
236.1 PC Human Trafficking (Felony)
261 PC Rape (Felony)
261.5 PC Rape (Statutory)
264.1 PC Rape in Concert (Felony)
266h PC Pimping (Lives off of victim’s prostitution) (Felony)
266i PC Pandering (makes them prostitute) (Felony)
267 PC Abduction (person under 16) for purpose of prostitution) (Felony)
269(a) PC Aggravated Sexual Abuse of Child (Victim <14 - Suspect 7+ yr

older) (15 to life) (Felony)
273i PC Posting Information about a Child on the Internet to Aid in a Crime

(Victim < 14)
286(b) (2) PC Sodomy (Victim < 16 – Suspect 21+) (Felony)
286(c) (1) PC Sodomy (Victim < 14 and – Suspect 10+ years older) (Felony)
286(c) (2) (B) PC Sodomy (Forcible and Victim < 14) (Felony)
286(c) (2) (C) PC Sodomy (Forcible and Victim < 17) (Felony)
286.5 PC Sexual Assault of Animals (Felony)
288 PC This section and is subcomponents are most commonly used to charge
child sexual abuse. Lewd Acts Upon a child requires an overt act to
be committed with a child under fourteen years of age with the
specific intent to arouse, appeal to, or gratify the lust, passions, or
sexual desires of the perpetrator or the child. Genital contact of skin-
to-skin contact is not necessary. Touching through clothes, for
example, can be an overt act meant to arouse. Or the overt act may
involve no touching at all. The perpetrator, for example, may
masturbate in front of a child or encourage the child to masturbate in
front of him or her. Unlike adult cases, compliance of the victim is
not a factor in determining if an abuse has been committed.
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288(a) PC Lewd/Lascivious Acts w/ Child <14 (Felony)
288(b) (1) PC Lewd/Lascivious Acts w/ Child w/ Force <14 (Felony)
288(c) (1) PC Lewd/Lascivious Acts w/ Child (V 14/15 S 10 or more older)

(Felony)
288a (b) (1) PC Oral Copulation with V <18 (Felony)
288.2(a) PC Harmful Matter (Wobbler)
288.2(b) PC Harmful Matter using the Internet (Wobbler)
288.3(a) PC Contact w/ intent Felony)
288.5(a) PC Continuous Sexual Abuse (In home or recurring access–no less than 3
months/ 3 or more substantial sex abuse V<14) (Felony)
288.7(a) PC Sexual Intercourse/Sodomy [V<10 – S>18 (25 to life)] (Felony)
288.7(b) PC Oral Copulation [V<10 – S>18 (15 to life)] (Felony)
311 (a) PC “Obscene matter” (Definition)
311.7 PC Possession of Obscene Matter, Receipt, etc. (Misd)
311.1(a) PC Distribute/Produce Child Porn (Felony)
311.3(a) PC Sexual Exploitation of Child (Memorializes via media – sex abuse of

child) (Felony)
311.4(a) PC Employment for Same (Felony)
311.11 PC Possession of Child Porn (Wobbler)
313.1(a) PC Providing Harmful Matter to Children (Misd – w/ prior Felony)
314 PC Willful and Lewd Public Exposure (Misd)
647.6(a) PC Annoying / Molesting a Child (Wobbler)
Child Neglect
Definition
Child neglect is the negligent treatment or maltreatment of a child by a parent or caretaker

under circumstances indicating harm or threatened harm to the child's health or welfare. Child
neglect includes both acts and omissions on the part of the responsible person.
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Child neglect can be categorized as general or severe.
General neglect is the negligent failure of a parent or caretaker to provide adequate food,
clothing, shelter, medical care, or supervision in those instances when no physical injury to
the child has occurred. Parents’ inappropriately leaving their minor children unsupervised is
an example of general neglect. In this situation, the children are vulnerable to accidents,
injuries, and/or crime no matter what the intent of the parent.
Severe child neglect is the negligent failure of a parent or caretaker to protect a child from
severe malnutrition or medically diagnosed non-organic failure to thrive. Severe neglect also
includes situations in which the parent or caretaker willfully causes or permits the person or
health of a child to be placed in a situation such that his or her person or health is endangered.
The intentional failure to provide adequate food, clothing, shelter, or medical care is severe
neglect.
Drug Endangered Children (DEC)
In recent years, the subject of drug exposure/endangerment of children has become a major
concern to both social services and law enforcement. As a result, the State of California
enacted Penal Code Section 13879.80. This section, referred to as Drug Endangered Children
Protocol or DEC, encourages social services and law enforcement to develop, adopt, and
implement written policies and standards for their response to narcotic crime scenes where a
child is either immediately present or where there is evidence that a child lives. Alameda
County has a written DEC Protocol and holds quarterly DEC meetings.
DEC Definition
A case that involves children living in a home where controlled substances are manufactured,
sold or used. DEC cases are broken down into levels: 1-3 with 1 being the most severe.
Please refer to the Alameda County DEC protocol for further information about how the
levels are defined.
DEC First Responder Responsibilities
Officers discovering children who are subjected to exposure from controlled substances
(including methamphetamine labs) need to:
A. Obtain medical attention for the children;
B. Contact the Intake Desk (238-3641) to coordinate police holds/protective custody and
CPS responses;
C. Place them on a police hold and/or take them into protective custody;
D. Obtain toxicology screen for child and process findings for evidence;
E. Collect child’s clothing as evidence. Controlled substances might be recovered from

same; and
F. Process the home in which the crime took place as a crime scene (e.g., photographs,
collection of evidence, sketches, etc.). A warrant might be necessary.
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NOTE: Attempt to take a picture of the child with their hands stretched over their head to
demonstrate their physical reach and ability to acquire controlled substances.
Penal Code and Health & Safety Code Sections which Apply to Child Neglect
273a (a) PC Child Endangerment (Felony)
Applies when the parent or guardian of a child leaves the child in an environment likely to
produce great bodily harm.
Example: A home with exposed wiring or a barbecue or stove left in the home unsupervised
with an open flame could be cause for prosecution under this section.
273a (b) PC Child Endangerment (Misd)
This Penal Code Section applies when the parent or guardian of a child leaves the child in an
environment unhealthy to the child's well being but unlikely to produce great bodily harm. A
child left alone in a house full of cockroaches and with little food, for example, may be cause
for prosecution under this section.
270 PC Failure to Provide (Misd)
This Penal Code Section applies when a parent, guardian, or caretaker willfully omits without
lawful excuse to furnish the necessary clothing, food, shelter, medical attention, or other
remedial care for a minor.
11379.7 H&S Enhancement – clandestine labs and children (2 year enhancement)
11383 H&S Child under 16 in house with clandestine labs
13879.80 PC Drug Endangered Children State Protocol (Authority)
Emotional Maltreatment of a Child
Just as physical injuries can scar and incapacitate a child, emotional maltreatment can
handicap a child emotionally, behaviorally, and intellectually.
Definition
Verbal assault (belittling, threatening, blaming), unpredictable and inconsistent responses,

negative attitudes, constant family discord, and/or double messages are examples of ways that
parents and/or caretakers subject their children to emotional maltreatment.
Emotional deprivation is also a form of emotional maltreatment. Emotional deprivation is the

deprivation suffered when parents do not provide the normal experiences required to produce
feelings in a child of being loved, wanted, secure, and worthy.
Indicators of Emotional Maltreatment of a Child
Is withdrawn, depressed, and apathetic;
Is clingy and forms indiscriminate attachments;
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Acts out and is considered a behavior problem;
Exhibits exaggerated fearfulness;
Is overly rigid in conforming to adult instructions;
Suffers from sleep, speech, and/or eating disorders;
Displays other signs of emotional turmoil, such as repetitive rhythmic movements,

rocking, whining, and/or picking at scabs;
Suffers from bed wetting and fecal soiling;
Pays inordinate attention to details or exhibits little or no verbal or physical

communication with others;
Makes comments such as, “Mommy says I'm bad;” and/or
Experiences substance abuse problems.
Indicators of Emotional Deprivation
Refuses to eat adequate amounts of food and is frail;
Is unable to perform normal functions for a given age, such as walking and talking;
Displays antisocial behavior, such as aggression or disruption; obvious delinquent

behavior, such as drug abuse or vandalism; or, conversely, is abnormally unresponsive,
sad, or withdrawn;
Constantly seeks out and pesters adults, such as teachers or neighbors, for attention and
affection; and/or
Displays exaggerated fears.
Penal Code Sections which Apply to Emotional Maltreatment of a Child
273a (b) PC Child Endangerment
This Penal Code Section, the same as used to charge a misdemeanor for child neglect, applies
when the parent or guardian of a child leaves the child in an environment unhealthy to the
child's well being but unlikely to produce great bodily harm.
Additional Penal Code Considerations
Although not directly applicable to a specific type of child abuse, officers dealing with crimes
committed upon a minor may find cause to charge a person with Penal Code Section 272 PC,
Contributing to the Delinquency of a Minor.
This Penal Code Section applies when a person commits an act or omits to perform an act
which causes or encourages a child under eighteen years of age to come within the provisions
of Welfare and Institutions Code Sections 300, 601, or 602 or threatens, commands,
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persuades, or endeavors to induce a minor to fail or refuse to conform to a lawful order of the
juvenile courts.
Welfare and Institutions Code Section 300 governs those instances when a child is victim of
some form of abuse or neglect which warrants taking the child into protective custody (See
pages 20-21, Part II, G.)
Welfare and Institutions Code Section 601 governs those instances when an officer is called
to a scene created by a child who demonstrates incorrigible behavior.
Welfare and Institutions Code Section 602 governs those instances when an officer is called
to a scene created by a child who demonstrates criminal behavior.
II. RESPONSIBILITIES OF THE FIRST RESPONDER TO A POSSIBLE CHILD

ABUSE INCIDENT
Alameda County has a Child Abuse Protocol which all law enforcement agencies in the
county have agreed to follow. That Protocol contains additional information about how
agencies shall respond and work together to investigate allegations of abuse.
An officer called to the scene of a possible child-abuse incident shall complete the steps listed
below.
A. Determine if Immediate Medical Attention is Required
Upon arrival at a scene of suspected child abuse, an officer's first responsibility is

protection of the child.
As at any crime or accident scene, the officer calls for any appropriate emergency
medical personnel required.
Note: For Drug Endangered Children [DEC] there is a standing court order on file in the
Superior Court of Alameda authorizing law enforcement to direct those children taken
into protective custody to have a toxicology screening performed at Children’s Hospital
Oakland (CHO). Staff at CHO is aware of this order and will comply with our requests to
have such a screening done. The YFSD Intake Desk can assist with these arrangements if
needed.
B. Determine if a Crime has Occurred
In the majority of child-abuse cases, the perpetrator is someone the victim knows and
trusts. Often, the perpetrator is a parent. An officer should suspect child abuse if the
parent attempts to conceal a child's injury or protect the identity of the person responsible
for the injury.
Child abuse is seldom the result of a single factor. Rather a combination of circumstances
and personality traits may precipitate an act of abuse.
Emotional stress, such as marital or employment problems, in conjunction with an

individual's poor impulse control and emotional immaturity can trigger child abuse.
Perception of the child as “bad” or “evil” can contribute to child abuse as can an adult's
predisposition toward maltreatment, perhaps as a result of being abused himself or herself
as a child.
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In determining if a crime has been committed, an officer may be required to examine

physical evidence and interview the suspected victim or a credible adult who is able to
speak on behalf of the victim and the victim is a minor.
C. Cross-Reporting to Child Protective Services
California Penal Code Sections 11166(j) and 11166(k) require law enforcement and child
protective services to cross-report abuse to one another “immediately, or as soon as
practicably possible.” Therefore, the officer should notify CPS when handling child
abuse cases. The CPS Hotline phone number is 510-259-1800. While all child abuse
cases must be cross-reported as soon as practicably possible, it is particularly urgent to do
so immediately when removing a child from parental custody.
D. Identify and Collect Physical Evidence of Child Abuse
Items of physical evidence are particularly important in an investigation of child abuse

because a child is unlikely to testify against a parent and because such evidence is likely
to “disappear.”
Potential items of physical evidence in a case of child abuse include those listed below.
Pornographic materials, such as magazines, books, audio tapes, and/or video tapes;
Computer related items, communications and messages;
Cellular phones and other communication devices with address books;
Hotel/motel receipts and keys;
Condoms or other such items used in sexual activity; and/or
Items used in physical abuse, such as belts, kitchen utensils, electrical cords, etc.
Seemingly harmless household items, such as shoes and twisted towels, can be used to
inflict serious bodily injury upon a child.
Photographs of any injuries including physical injuries of suspect (hands, feet, etc);
Physicians' reports and past medical histories;
Clothes of the suspect and victim;
Written documents, such as letters, diaries, school notes, etc.; and/or
Biological evidence and fingerprints.
E. Interview with the Victim
1. Overall Interview Considerations
In the majority of cases, an officer conducting a preliminary investigation needs to

obtain only a probable cause statement from the victim. If there is a credible adult
16
present, the officer may take the probable cause statement from that adult rather than
interviewing the child.
A probable cause statement contains the basic elements of the crime and establishes
the probable cause necessary to make an arrest. According to the Alameda County
Child Abuse Protocol, first responders shall interview a child, adolescent only to the
extent necessary to determine whether or not a crime has occurred, the perpetrator of
the crime, where the event happened, the date of the last offense and/or to assess for
any protection, safety, or medical needs. The officer taking a probable cause
statement does not need the child to recount all of the details of what happened.
Children often have difficulty recalling the number of times the abuse happened and
the dates or times it occurred. Those questions should be avoided, to the extent
possible.
In most instances, an in depth forensic interview is left for the child-abuse

investigator and the follow up investigation. The child-abuse investigator coordinates
the necessary interviews with the victim, the victim's family, Child Protective
Services (CPS), and the Child Abuse Listening and Interviewing Coordination
Center (CALICO).
CALICO is the child advocacy center for Alameda County. It has formal
partnerships with many government agencies, including law enforcement agencies,
the Social Services Agency, the Alameda District Attorney's Office, Children’s
Hospital Oakland, Highland Hospital, County Counsel’s Office, Behavioral Health
Care and Community Care Licensing. Its mission is to provide support and services
to abused children and to ease the pain of abused children as they interact with the
criminal justice system. CALICO interviews toddlers, children and adolescents, as
well as adults with developmental disabilities who have been sexually abused,
physically abused, grossly neglected, sexually exploited, drug endangered or who
have witnessed violence in their homes or community.
Before CALICO, a child-abuse victim was interviewed an average of eighteen times,

in a sense being re-victimized at each interview. It is the intent of CALICO to reduce
the number of forensic interviews to one, when possible. It also facilitates a
coordinated response among agencies to child abuse allegations. As part of this
work, it oversees the Alameda County Child Abuse Protocol.
At the CALICO, trained and experienced personnel conduct forensic interviews of

child-abuse victims, which are recorded. CALICO interviewers follow an evidence-
based model of interviewing that is defensible in court.
Whether field or follow-up, sworn staff shall evaluate the circumstances of each and
every child abuse cases to determine whether or not exigent circumstances exist that
would mandate an immediate interview of a child without a court order. Such
examples may include, but are not limited to:
a. The interview pertains to other children that are believed to be in immediate

danger, and whose whereabouts are unknown to officials;
b. The injuries to the child are so severe, that the child must be taken into
protective custody and provide immediate medical attention
17
c. There is credible crime and credible information that the allege offender is en-
route to the school to take the child so as to prevent a police and/or social
services investigation
It is important that officers evaluate the totality of circumstances when making their
decision to conduct an interview. It is recommended that field staff consult with
their supervisors and/or YFSD-Intake Staff or SVU personnel should they have any
questions as to the legality of their proposed actions.
2. Confidentiality Laws and a Victim’s Right to an Advocate
The same confidentiality laws that apply to adult sexual offenses apply to minors as
well.
Penal Code Section 293 requires the responding officer to inform the victim that his
or her name will become a matter of public record unless he or she requests
confidentiality.
When the victim is too young to make a decision about confidentiality, the officer
advises the victim's parent or guardian of the victim's rights.
The officer documents the person, to whom he gave notification by completing

TF-2096, Notification to Sex Crime Victim Regarding Possible Name Disclosure
Penal Code Section 293.
Penal Code Section 679.04 requires that a victim of a sexual assault be advised of
their right to have an advocate of their choosing present during any stage of an
investigative interview. The only exceptions to this requirement is that if the officer,
in their professional opinion, can articulate in their report that the presence of the
advocate in question was interfering with the interview, the officer can request such
advocate to leave the interview. In addition, 679.04(c) allows officers to conduct an
“initial investigative interview” without the presence of an advocate to determine
whether or not the victim was in fact sexually abused.
3. Techniques for Speaking to Children about Child Abuse
Even in the limited role of obtaining a probable cause statement, the responding
officer may need to conduct a limited interview of the victim.
The success of a child-abuse investigation is directly affected by the responding

officer's attitude, preconceived notions of child abuse, and emotional control.
When speaking with a child, especially a child who has been betrayed by an adult, an
officer must display patience. The officer's gender relative to the victim's is not
important; the officer's sensitivity and professionalism is.
The responding officer must approach each case as a unique situation.
18
4. Listed below are guidelines officers follow in speaking to a victim of child abuse.
 Interview the child in private

Anyone present will be deemed a witness and possibly subpoenaed for the courts and
used as a means to disqualify the victim. Explain the process to the parents or
guardians. If possible, find a private place that is also comfortable and not
intimidating to the child.
 Attempt to establish a rapport and gain the child's confidence

Make the child as comfortable as possible. Sit at eye-level with the child. Explain to
the child that he or she is not at fault and not in trouble. Use a calm understanding
tone. Avoid using interrogation techniques.
 Communicate in ways the child can understand easily

Use simple terms. Avoid legal jargon. Ask the child what terms he or she uses for
private parts so that the interview will include only terms the child understands.
Allow the child to use drawings to communicate his/her experiences in he or she is
having difficulty providing a verbal account of what occurred. See Figure 9. Avoid
asking compound questions. When asking a question about a person, use that
person’s name rather than saying “him” or “her.”
Figure 9: This drawing was made by

a five-year-old girl who was
sexually abused by her grandfather.
The girl told the interviewer that her
grandfather had one leg. Then she
stated that she had been abused on
the couch. The interviewer drew a
couch and asked the girl to show her
what happened. When asked what
the object on the floor was, she
responded that it was “grandpa's
leg.”
 Explain the investigation process and help the child to understand why the questions
are being asked. Tell the child what happens next in the investigation.
 Be aware of what your body language may communicate to the child.

Avoid overreaction or negative reaction to the child's statements. Do not stare at the
child. Do not wear sunglasses.
 Be sensitive to the child's needs.

Be aware of the child's relationship to the suspect(s). Listen patiently as the child
describes the incident. Be sensitive to the fact that the attention span of a child
depends upon his/her age and maturity. Be aware that, although a child wants the
abuse to stop, a child is not seeking to have the abuser punished.
19
 Avoid leading questions that may plant an idea in the child's mind.
Use open-ended prompts such as, “tell me what happened,” and “what happened
next?” Limit questions to “when”, “who,” “what,” “where.” Instead of asking “how
many,” which can be difficult for children to answer accurately, ask whether
something happened “one time or more than one time.” When a child pauses, ask,
“And then what happened?” Avoid “why” questions, which can imply that the child
is at fault. Avoid leading and suggestive questions. Try to use “yes or no” questions
only when necessary.
 Remain neutral.
Show empathy and concern for the child but do not take sides.
 Do not make false promises or create unrealistic expectations in terns of suspect

apprehension or the time that an investigator will get back to the victim or the
victim's family.
 Be cognizant of Child Sexual Abuse Accommodation Syndrome (Dr. Roland

Summit). This syndrome is a factor in why children may not immediately disclose
that they have been sexually abused and why they may later recant any such
disclosure. Children experiencing this syndrome might be inclined to provide “any”
information to an interviewer just so the questioning stops. In some cases, this might
take the form of the child victim wanting to keep the real incident a secret and/or
prevent the real perpetrator from being caught due to love, loyalty or other dependent
reasons. In addition, these victims might also feel entrapped and helpless and thus,
delay reporting for false reasons and then, provide unconvincing disclosures and
even possible retractions.
F. Decide if an Arrest is Appropriate
The responding officer decides to arrest based on the facts of the case.
The officer considers the safety of the victim and other children and the possibility of the
suspect's fleeing.
The arrest of a suspect does not relieve the responding officer of the responsibility to
evaluate the safety of the victim or the victim's siblings and determine if protective
custody is warranted. An officer should keep in mind that the suspect may quickly post
bail.
If the perpetrator of child abuse is also a minor, the officer shall contact the Youth &
Family Service Division, as described in General Order O-3, Processing Juvenile
Offenders, to obtain direction in processing the juvenile offender in the appropriate
manner.
G. Determine if Other Children are at Risk and if the Victims Should be Taken into
Protective Custody
It is the responsibility of the responding officer to decide if the situation warrants taking
the child into protective custody.
20
In deciding whether to take a child into protective custody, an officer considers the
totality of the child's circumstances. An officer considers, for example, whether the
parent is a concerned but ill-equipped parent or a parent who is willfully negligent.
An officer may take a minor into protective custody when the officer has reasonable
cause to believe that the minor is a victim of abuse as described in Welfare and
Institutions Code Section 300.
A child can be taken into protective custody in accordance with Welfare and Institutions
Code Section 300 when any of the conditions listed below are met.
The child has suffered or is at risk of suffering physical harm inflicted

non-accidentally.
The child has suffered or is at risk of suffering serious physical harm or illness as a
result of inadequate adult supervision.
The child is suffering from serious emotional damage evidenced by behavior toward
self or others.
The child has been or is at risk of being sexually abused.
The child is under five years of age and has suffered severe physical abuse by the
parent or by an adult known by the parent, and the parent knew or could reasonably
have been expected to know of the abuse.
The child has a parent convicted of causing the death of another child through abuse
or neglect.
The child has been left without provision for support.
The child has been subjected to acts of cruelty by household member(s).
H. Ensure that the Appropriate Medical Exams for the Victim and/or the Suspect are
Obtained
In a case of suspected sexual child abuse, when it is known or suspected that penetration
or an exchange of biological fluids occurred within the last seventy-two hours, the
responding officer arranges to transfer the child to a medical facility for examination and
treatment. A child fourteen years of age or younger is transferred to Children's Hospital; a
child fifteen years of age or older is transferred to Highland Hospital. When the sexual
abuse occurred more than 72 hours ago and the child is not otherwise sexually active, he
or she may be taken for a non-acute exam at Children’s Hospital after a CALICO
interview has been conducted, depending on the facts of the case.
A person suspected of child sexual abuse, regardless of age, is transferred to Santa Rita
Jail for a Sexual Assault Examination by VBS Services. Members shall consult with the
Youth Services Intake Desk Officer to arrange the examination.
21
I. Notify Appropriate Personnel
In any case of child abuse, the responding officer shall notify the Youth and Family
Services Intake Unit.
If the crime is of a particularly heinous nature or may become media driven or require
additional resources, the responding officer notifies his or her field supervisor. The field
supervisor notifies the Watch Commander, who may make additional call-outs.
J. Complete the Paperwork
Penal Code Sections 11166 and 11172 make it a crime for a peace officer not to report
suspected child abuse.
An officer must complete a Crime Report and complete a preliminary investigation

within twenty-four hours of the disclosure of child abuse.
The immediate and future safety of a child is often dependent on the completeness and
accuracy of the initial investigation and report.
In the Crime Report, the responding officer notes if the perpetrator and child are relatives,
acquaintances, or strangers or if they have a relationship, such as that of a child and
teacher, which puts the child at the mercy of a person in a position of trust.
In the Crime Report, the responding officer establishes the corpus of the crime. Most
child abuse cases consist of acts that are similar in nature and repeated over time. In
instances of multiple occurrences, it is not necessary to pinpoint every occurrence (e.g. a
time period, such as over summer vacation, is sufficient.)
The officer documents the date of the first and the most recent occurrences and describes
the acts and their frequency. If the victim is willing and able to talk, the officer includes
all information received.
III. FOLLOW-UP INVESTIGATORS RESPONSIBILITIES
The following is a general outline of overall tasks and responsibilities for follow-up
investigators.
Please note that per California Penal Code Section 13516 (C) – investigators assigned to
cases involving sexual exploitation or sexual abuse of children, must attend specialized
training (POST Certified) on this subject matter within 6-months of their assignment.
 Front End Assessments, Organization, Initial Decision Making

Log case for tracking
Organize case logically in caseload (e.g. – Alphabetically by Victim, RD#, etc.)
Read entire report
Prioritize case in caseload (e.g. – In-custody, DNA, severity, serial, media, active
victim)
Communicate – Collaborate with fellow investigators, supervisors, District
Attorneys
Assess investigative agenda, resource needs, media involvement
Make appropriate advisements to chain of command
Review log and hand check caseload regularly
22
 Investigative Execution and Investigation Techniques

Read entire report… Again!
Pursue/investigate case to an appropriate case disposition
Assess jurisdiction and Statute of Limitations
 California Penal Code Sections 799 – 805
Document logically and orderly all case notes: Dates/times, Who, What, When,
Where, How…
 Present a complete picture of the events and investigative actions
 Evaluate, inventory and assess all evidence for testing. Absent those items listed
below as “exceptions” all lab requests for the analysis of biological material,
e.g., SART Kits and/or other biological evidence, shall be submitted within 7-
business days of the case being received by an investigator for investigation.
However; if additional time is needed to evaluate the case to determine the
necessity of the lab request, this fact must be articulated and documented in
follow-up investigation report.
Exceptions to making lab requests:
 Based upon the investigator’s evaluation of the “totality of circumstances” of the
case and with the expressed approval of the reviewing SVU supervisor,
investigators may elect NOT to have a SART Kit and/or other biological
evidence processed and analyzed by the Crime Lab. Reasons for not requesting
such action must be clearly articulated and documented in the investigator’s
follow-up investigation. These reasons may include, but are not limited to:
1. Case is deemed UNFOUNDED, i.e., the crime did not occur;
2. The victim’s lack of credibility and there does NOT appear to be a clear
public safety issue;
3. The victim’s outright refusal to cooperate and there does NOT appear to be
a clear public safety issue;
4. The investigator has tried but has been unsuccessful in contacting/re-
interviewing the victim, to confirm validity of the crime;
5. The testing of the evidence would have no impact on the case, e.g., both
“known” parties admitted to having consensual sex but the victim later
removed the consent. [This DOES NOT APPLY TO ANY CASE
INVOLVING A CHILD – person under the age of 18]
Assess for a clarification victim statement
 Victim Advocate – California Penal Code Sections 679.04 and 679.05
 CALICO interview
 Interview with sworn partner
Assess for/determine/locate corroboration
 Physically check of crime scene
 Witness interviews – first party disclosure, medical personnel, other persons
 Biological evidence – Blood, saliva, semen, discharges, hair, epithelial cells
 Medical evidence – OES Medical/Forensic Reports:
o OES 900 – Medical Report: Suspected Child Abuse and Neglect (Physical)
o OES 923 – Forensic Medical Report: Acute Adult-Adolescent Victim
(Sexual)
o OES 925 – Forensic Medical Report: Non-Acute Child Victim (Sexual)
o OES 930 – Forensic Medical Report: Acute Child Victim (Sexual)
o OES 950 – Forensic Medical Report: Suspect (Sexual)
 Other Evidence – Photographs, fingerprints, clothing, diaries, computers,
telephone communications, records, etc. – all linked with witness testimony
 Suspect interview – Custodial (Miranda), non-custodial, single party consent
(pretext) telephone call
 Review/monitor jail phone calls
23
Re-assess criminality of investigation - true nature of ALL offenses

Conduct systems checks – Victims, Witnesses, Suspects
 Local – LEWI, CORPUS, CRIMS
 State – CCI
 Federal – FBI
 Other Records – Local, Outside Agencies
Assess for liaison with other investigative support services
 Alameda County Child Protective Services (CPS) {510-259-1800}
 Victims of Crime (VOC) {510-272-6180}
 Bay Area Women Against Rape (BAWAR) {510-347-6716}
 Sexual Assault Response Team (SART) {510-437-8396}
 Center for Child Protection (CCP) {510-428-3742}
 CALICO Center {510-895-0702}
 Other Social Welfare Organizations
Be attentive to and address other potential tangential issues – family members,
school personnel, hospital personnel, local polity, and police agencies
 Prepare and present the case to the appropriate Deputy District Attorney for charging
consideration
 Prepare charged cases for submission to the court process
 Submit closed case to appropriate supervisor for closure approval
 Follow-up investigators, upon the completion of their investigation, shall complete DOJ
SS8583 (Child Abuse Summary Report) whenever a case is NOT unfounded. The
SS8583, along with the OPD Child Abuse Index Notification Letter (sent to the suspect
in these cases) shall be completed before the case is submitted for supervisory review.
The OPD Child Abuse Index Notification Letter is available from the SVU supervisor.
Investigators shall send the original “Notification Letter” to the suspect and retain a copy of
same with their case packet to be turned into Records Division. The SS8583 shall be sent to
DOJ, via YFSD admin staff, in compliance with State Law.
All “Notification Letters” that result in an appeal from the suspect shall be handled by the
YFSD-ISS commander who shall:
1. Review the case packet

2. Review the final dispositions
3. Determine whether or not the appeal by the suspect should be honored
4. Respond to the suspect in writing and take the appropriate action, if warranted, on having
the subject’s name removed from the Child Abuse Index.
IV. SUPERVISORY AND COMMANDER RESPONSIBILITIES
A. Officer/Investigator Wellness
While overall police work can be a very draining and taxing job, dealing with crimes
against children and women can be some of the most exhausting and emotional of these
assignments. Whether a first responder or a follow-up investigator, it is absolutely
crucial that supervisors and commanders monitor their staff for signs of fatigue or “burn-
out.” Ensuring our staff’s wellbeing is a critical component to our Department’s ability to
provide the best possible service available.
24
Supervisors and/or commanders becoming aware of concerns or issues with their staff
should respond in accordance with current policy and practice and offer/obtain assistance
for their people as appropriate.
B. Investigative Efforts and Coordination
Because criminals do not recognize or adhere to geographical boundaries, it is important

that supervisors and commanders recognize the potential for the current case to be related
to other crimes, e.g., serial rapist, gang initiation, domestic violence etc.
It is encouraged that supervisors and commanders coordinate investigative enforcement

operations between field and follow-up efforts. Such activities as undercover vice
operations, surveillances, stings and such can be very useful tools in addressing chronic
and/or serial related crimes and conduct.
C. Notifications
The section commander shall ensure that the appropriate notifications are made regarding
sexual assault offense involving school personnel as outlined in Offenses Involving
School Personnel (DGO P-6). In addition, it is vital that all serious, high profile and
media driven type cases are brought to the attention of the Bureau Commander, via the
chain of command.
Supervisors and commanders shall also ensure that press releases (Criminal Case
Information) are completed in an accurate and presentable manner. Such items shall be
forwarded to the Public Information Officer with the approval of the Division
Commander when appropriate.
D. Call-outs
For Patrol Watch Commanders and supervisors, the following charts outline basic
guidelines for sexual assault “call-out” activations:
ADULT SEXUAL ASSAULTS

 Nature of relationship between suspect and victim?
 If both parties are known to one-another – these cases can oftentimes wait until business hours.
 Is this a serious and immediate public safety issue?
 Are complex and involved crime scene warrants required that go beyond a generic warrant?
 Each case is different. Some suspects will need to be interviewed sooner rather than later which might
result in an immediate call-out; however, in some cases, the suspect interview might wait until the next
business day.
 Remember – the suspect interview is usually done towards the end of the investigation or at least at a point
in the investigation where the majority of information has already been obtained, processed and confirmed.
 Is the incident now a “High Profile” Case / media involved – driven?
 It is not necessary to make a call-out for investigators to write a crime scene search warrant.
 These warrants are easy to write and get signed AND are not that time consuming.
 The Intake Desk can assist in obtaining a judge (during non-business hours) to sign the warrant.
 It may take upwards of 4-hours for investigators to be called to the scene. Patrol can facilitate the process
by preparing and collecting the appropriate reports/statements and then writing, obtaining a signature from
a magistrate, serving the warrant.
 Patrol must stand-by and secure the scene.
 Crucial to any sexual assault is the proper and timely collection of evidence (biological and such).
25
 Sending a victim to ACH and a suspect to Santa Rita for sexual assault exams does NOT require an
investigator.
 A consultation with the call-out team (and YFSD-ISS Commander) is encouraged when in doubt about a
call-out.
CHILD SEXUAL ASSAULTS

 Safety of the child?
 Can the family protect the child?
 Is the suspect an immediate threat to the child and/or the public
 Is the incident now a “High Profile” Case / media involved – driven?
 We have 48-hours (two court business days) to present a case to the DA upon an arrest. In that short 48-
hours, the following needs to take place:
 CALICO interview of the victim – coordinated with CPS, the DA’s Office and the investigator
 Forensic medical exam(s) at either Children’s Hospital Oakland or Highland Hospital, depending on age
 Witness Statements – CALICO may be used to interview child witnesses and/or adult witnesses who have
developmental disabilities
 Lab Request and evidence analyzed
 Pre-text phone call(s) – especially on old disclosures of crimes that took place beyond a few days
 Often, investigators are not able to present a “chargeable” case to the DA and thus the suspect is released
(849b).
 Eventually, the case may get charged but the victim (the victim’s family) may have lost faith and confidence
in the police and the system. Subsequently, this may result in them not following through with the case –
this is a reality
 The arrest, ideally, is one of the last things for an investigation and why we like, when possible, to utilize the
“complaint warrant” process so that when the bad guy is arrested – they more than likely stay in custody
and a sense of “closure” is realized for the victim
E. Billing and Financial Issues
The YFSD-Investigative Services Section commander shall be responsible for the

reviewing, approving and tracking of all medical bills related to:
 Sexual Assault Exams of victims (SART)6

 Suspect Sexual Assault exams of offenders7
 Analysis of biological evidence tested related to sexual assaults 8
In addition, the commander will be the project manager for any service provider contract
or agreement and will be required to work with both City and OPD-Fiscal Departments;
subsequently, preparing Agenda Reports and such for City Administrator approval.
Always recognize the potential for the current case to be related to other crimes, e.g.,
serial rapist, gang initiation, domestic violence etc. For example, a burglary might
actually be an attempted rape that was interrupted and/or not completed.
6
California Penal Code Section 13823.95 – Sexual assault victims; examination to gather
evidence for prosecution; costs. The law enforcement jurisdiction for where the offense took
place AND not where the exam was conducted shall be legally responsible to pay for all exams
associated with the criminal case.
7
VBS Services is the contractual service provider for all suspect sexual assault exams. Their
services are activated by the YFSD Intake Desk and/or SVU investigator after notification by field
personnel of an arrest and/or warrant.
8
National Medical Services (NMS) is the contractual service provider for all biological analysis
exams.
26
V. COMMON TERMS, DEFINITIONS AND PROCESS
The following information not only explains terms but also their potential importance to any
criminal investigation:
TERM DEFINITION PROCESS

Automated Fingerprint Statewide file of full or partial rolled fingerprints collected Technician collects / request
Identification System from known individuals; can be referred to compare with for Crime Lab for processing
(AFIS) fingerprints from unknown source collected at a crime
scene
Deoxyribonucleic Acid A substance found in the chromosomes in the nucleus of
(DNA) human cells that provides genetic coding information
unique to every person
Drug Facilitated Drugs such as (but not limited to) Rohypnol, GBH Normally needs to be collected
Sexual Assaults AKA (gamma-hydroxybutyrate) are put into a victim’s during Sexual Assault Exam)
“Date Rape Drugs” food/drink by an offender to incapacitate a person prior to and no longer than 72-hours
sexually assaulting them. (<12 hours) after the assault
Some street names: Request ACH/SART to obtain
Rohypnol (Ruffies, Roofies, Rope, Rib two vials (urine/blood) – R/O
GHB (Liquid X or E or Ecstasy, Easy Lay, Soap) processes them like DUIs –
mark as “date rape”
Human Biological Human biological fluids and stains such as blood,
Fluids and Stains semen, vaginal secretions, saliva, or perspiration may be
found at any crime scene, not just those crime scenes
associated with violent crimes.
Latent Finger Print Impression left by secretions from perspiration or oils on
the skin; NOT visible to the naked eye without special
treatment or development
Nonporous Surface Any surface that does NOT absorb liquids or oils (e.g.,
plastic, glass, etc.)
Porous Surface Any surface that absorbs liquid or oils (e.g., cloth,
unfinished wood)
Semen or Vaginal Seminal fluid and vaginal secretion stains collected at a Possible locations for items:
Secretions crime scene from a victim may provide evidence leading  Bedding
to the identification or elimination of a possible suspect(s).
 Articles of discarded
clothing
 Towels and washcloths
 Condoms
 Vehicles
NOTE: Any item collected
should be allowed to air dry, if
necessary, and packaged and
preserved according to current
police
 Tech / Crime Lab Request
Tool Mark Any impression, scratch, gouge, cut, or abrasion on an
object that is the result of a tool forcibly coming into
contact with the object
Trace Evidence Any evidence that is very small; it usually cannot be seen
with the naked eye without close scrutiny
Transfer Evidence Any evidence that is easily transferred or passed when
two objects touch
Visible Fingerprint An impression left behind in blood, paint, or other similarly
colored liquid that does not require any treatment in order
to be visible to the naked eye
27
VI. RESOURCES FOR VICTIMS OF CHILD ABUSE AND SEXUAL ASSAULT
Victims (survivors) of child abuse or sexual abuse may be referred to statewide and local
resources, who may direct them to other local agencies. Such resources are listed below:
Bay Area Women Against Rape – 470 27th Street, Oakland CA, 94607 94612 (Alameda
County Family Justice Center) (510-267-880/510-4301298)
Highland Sexual Assault Center, 1411 East 31st Street, Oakland, CA 94602 (510-534-
9290/510-534-9291)
Center for Child Protection, Children’s Hospital Oakland, 747 52 nd Street, Oakland, CA
94609 (510-428-3742)
West Coast Children’s Clinic, 3301 E. 12th Street, Suite 259, Oakland, CA 94601 (510-
269-9030)
The Link to Children, 1904 Franklin St, Suite 400, Oakland, CA 94612, (510-428-2028)
Tri-Valley Haven, 3663 Pacific Avenue, Livermore, CA 94550 (925-449-5845)
Child Abuse Prevention Program, Crime Prevention Center, Office of the Attorney
General, PO Box 944255, Sacramento, CA 94244-2550 (916-324-7863)
California Child Care Resource and Referral Network, 111 New Montgomery, 7th Floor,
San Francisco, CA 94105 (415-882-0234 or 800-998-9114)
California Consortium for the Prevention of Child Abuse, 1414 Fourth Street,
Sacramento, CA 95814(916-448-9135)
Community Care Licensing, State Department of Social Services, 744 P Street, MS

19-35, Sacramento, CA 95814 (916-574-2346)
Giaretto Institute: Parents United, Inc, Parents United/Daughters and Sons United, Adults
Molested as Children United, PO Box 952, San Jose, CA 95108 (408-453-7616)
Governors Office of Criminal Justice Planning (OCJP), 1130 K Street #300, Sacramento,
CA 95814 (916-324-9100)
La Cheim Children and Family Services, 5741 Telegraph Ave., Oakland, CA 94609
(510-5968137)
Office of Child Abuse Prevention (OCAP), State Department of Social Services, 744 P
Street, MS9-100, Sacramento, CA 95814, (916-657-2030)
Parents Anonymous, 520 South Lafayette #316, Los Angeles, CA 90057 (213-388-6685)
Protect the Children Resource Center, PO Box 5223, Concord, CA 94524

(925-674-1384)
28
VII. COMMON CODE SECTIONS FOR MOST CHILD ABUSE RELATED OFFENSES
Penal Code Sections that normally apply to sexual assault investigations:
207 – Kidnapping (Felony)

207 – Kidnapping <14 (Felony)
209 – Kidnapping for Rape (Felony)
236.1 – Human Trafficking (Felony)
261 – Rape (Felony)
261(a) (1) – Incapable due to mental disorder/development (Felony)
261(a) (2) – Against one’s will – force, violence, duress, menace (Felony)
or fear
261(a) (3) – Intoxicate or under the influence of anesthetic substance (date
rape drug) (Felony)
261(a) (4) – SEE BELOW
261(a) (4) (A) – Unconscious or asleep (Felony)
261(a) (4) (B) – Unaware, unknowing or cognizant that act occurred (Felony)
261(a) (4) (C) – Same as (B) but due to offender’s fraud in fact (Felony)
261(a) (5) – Belief person was spouse (Felony)
261.5 (a) – Unlawful sexual intercourse with person under 18;
(Definition)
261.5 (b) – Less than 3-years age difference b/t parties (Misdemeanor)
261.5 (c) – More than 3-years age difference b/t parties (Wobbler)
261.5 (d) – Victim under 16 – Suspect over 21 (Wobbler)
262 (a) – Rape of a Spouse (Felony) – see types
264.1 – Rape in Concert (Felony)
266h – Pimping (Lives off of victim’s prostitution) (Felony)
266i – Pandering (makes them prostitute) (Felony)
267 – Abduction (person under 16) for purpose of prostitution)
(Felony)
269(a) – Aggravated Sexual Abuse of Child (Victim <14 - Suspect 7+
yr older) (15 to life) (Felony)
286 (a) – Sodomy (Felony)
286(b) (1) – Victim under 18 (Felony)
286(b) (2) – Suspect over 21 and victim under 16 (Felony)
286(c) (1) – Suspect more than 10-years older than victim under 14
(Felony)
286 (2) – Via force, violence, duress, menace, fear etc. (Felony)
286.5 – Sexual Assault of Animals (Felony)
288(a) – Lewd/Lascivious Acts w/ Child <14 (Felony)
288(b) (1) – Lewd/Lascivious Acts w/ Child w/ Force <14 (Felony)
288(c) (1) – Lewd/Lascivious Acts w/ Child (V 14/15 S 10 or more older)
(Felony)
288a (b) (1) – Oral Copulation with V <18 (Felony)
288a (a) – Oral Copulation (Felony)
288a (b) (1) – Victim under 18 (Felony)
288a (2) – Suspect over 21 and victim under 16 (Felony)
288a (c) (1) – Victim under 14 and suspect more than 10 years (Felony)
288.2(a) – Harmful Matter (Wobbler)
288.2(b) – Harmful Matter using the Internet (Wobbler)
288.3(a) – Contact w/ intent (Felony)
29
288.5(a) – Continuous Sexual Abuse (In home or recurring access–no

less than 3 months/ 3 or more substantial sex abuse V<14)
(Felony)
288.7(a) – Sexual Intercourse/Sodomy [V<10 – S>18 (25 to life)]
(Felony)
288.7(b) – Oral Copulation [V<10 – S>18 (15 to life)] (Felony)
289 (a) (1) – Forcible acts of sexual penetration (Felony) (SEE PC for
further crimes)
311 (a) – “Obscene matter” (Definition)
311.7 – Possession of Obscene Matter, Receipt, etc. (Misd)
311.1(a) – Distribute/Produce Child Porn (Felony)
311.3(a) – Sexual Exploitation of Child (Memorializes via media – sex
abuse of child) (Felony)
311.4(a) – Employment for Same (Felony)
311.11 – Possession of Child Porn (Wobbler)
313.1(a) – Providing Harmful Matter to Children (Misd – w/ prior
Felony)
647.6(a) – Annoying / Molesting a Child (Wobbler)
30

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OFFICE OF CHIEF OF POLICE

OAKLAND POLICE DEPARTMENT

TO: All Personnel DATE: 16 Sep 14

SUBJECT: Revision of Training Bulletin IV-C, SEXUAL ASSAULTS

Evaluation Coordinator: YFSS Commander

POLICE RESPONSE TO CHILD ABUSE

I. TYPES OF CHILD ABUSE

Physical Child Abuse

Physical Symptoms of Physical Child Abuse

Shaken-Infant Syndrome is indicated when intra-cranial and intra-ocular hemorrhage

An officer should note the color,

D. Abrasions and lacerations

E. Welts on the skin

Welts may indicate swelling as a result of physical force.

Without some evidence of a child's instinctive withdrawal, such as splashes or

Doughnut-shaped burn on the buttocks of a 4 year

Behavioral Symptoms of Physical Child Abuse

Penal Code Sections which Apply to Physical Child Abuse

273d PC - Physical Abuse of a Child

Child Sexual Abuse

Physical Symptoms of Child Sexual Abuse

Physical symptoms of child sexual abuse are uncommon. They include:

Difficulty in walking or sitting due to genital or anal pain.

Genital discharge or infection.

Pregnancy or the presence of sexually transmitted diseases.

Torn, stained, or bloody underclothing.

Pain upon urination or defecation.

Psychosomatic symptoms such as stomach aches and headaches.

Behavioral Symptoms of Sexual Child Abuse

Detailed and age-inappropriate understanding of sexual behavior, especially by younger

Inappropriate, unusual, or aggressive sexual behavior with peers or toys.

Compulsive, indiscreet masturbation.

Displayed self-consciousness of the body beyond that expected for age.

Unusually seductive behavior with classmates, teachers, and other adults.

Excessive concern about homosexuality, especially by boys.

Leaves “clues” likely to provoke a discussion of sexual issues.

Writes or draws sexual or frightening images.

Fear of parents or caretakers or of going home. Fear of home life demonstrated by

Bed wetting or soiling accidents unrelated to toilet training.

Phobias and/or overly compulsive behavior.

School problems or significant changes in school performance and attitude.

Age-inappropriate behavior (showing maturity beyond years or displaying regressive

Drastic behavior changes.

Sleep disturbances, such as nightmares, fear of falling asleep, or fretful or prolonged

Withdrawal, chronic fatigue, and/or clinical depression.

Overly compliant behavior.

Poor hygiene or excessive bathing.

Thinks of body as repulsive, dirty or bad.

Poor peer relations and social skills, inability to make friends.

Runaway, aggressive, antisocial, or delinquent behavior.

Alcohol or drug abuse.

Prostitution or excessive promiscuity.

Extraordinary fear of the opposite sex.

Sudden acquisition of money, clothes, or gifts with no reasonable explanation.

Talks about a new, older friend.

Refuses to talk about a secret shared with an adult or older child.

Suicide attempt or other self-destructive behavior.

Self-injury, such as cutting or burning.

Crying without provocation.

Behavioral Clues of Adults who Sexually Abuse Children

Encourages secrets in children.

Views child pornography.

Insists on or arranges to spend uninterrupted alone time with a child.