Transcript Document

203: Investigative Interviewing in Child
Sexual Abuse
Child Sexual Abuse Certification Series
• 203: Overview of Child Sexual Abuse
• 203: Sexuality of Children: Healthy Sexual Behaviors
and Behaviors Which Cause Concern
• 203: Working with Juveniles Who Sexually Offend
• 203: Family Reunification and Case Closure
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Learning Objectives
 Define the purpose and goals of an investigation into
child sexual abuse
 Assess safety threats and risk factors in child sexual
abuse investigations
 Know how to plan the logistics of an investigation,
including issues of timing, location, sequencing, and
teaming with other professionals in the form of multidisciplinary teams
 Know the stages of the interview and the methods to be
used in interviewing alleged victims, non-offending
parents, alleged perpetrators, and collateral contact
 Understand the dynamics involved in child sexual abuse
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Agenda on Day One
• Introductions and Agenda
• Overview of Investigative Interviewing
• Investigative Logistics and Teaming
• Beginning and Introductions Stage
• Questioning and Clarification (Work) Stage
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“How I Learned to Drive”
“LI’L BIT: Sometimes to tell a secret, you first have
to teach a lesson…”
-Quote from How I Learned to Drive by Paula Vogel
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Complexity of Child Sexual Abuse
• The young age of a child and their difficulty expressing
what occurred/how they are feeling
• Family taboos on teaching formal names of sexual
/private body parts
• The fact that there is usually little physical evidence
and no witnesses
• Denial by the victim, perpetrator, or family members,
especially in cases of incest, that sexual abuse could
happen in their family
• Intimidation or manipulation of the child and/or nonoffending parent by the perpetrator
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Complexity of Child Sexual Abuse
(continued)
• The defendant’s right to face “their accuser”
• Family pressures and issues, including drug and alcohol
use, lack of supervision, etc.
• Discomfort with the topic of sex and sexual abuse
• Often has no physical evidence
• Generally progressively more intrusive over time
• Prior negative experiences during investigations or
anticipation of such
• Sense of intruding into family space
• Multi-generational/extended family patterns of sexual
abuse
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Complexity of Child Sexual Abuse
(continued)
• Difficulty believing that an adult could obtain sexual
gratification from a child, especially in the judicial
system
• Inability to cope with what happened to the child
• The loss of trust they feel toward the perpetrator and
questioning if anyone can be trusted
• Blaming of the child for the incident
• Dealing with multiple people/entities
This information is adapted from Child Abuse and Exploitation: Improving Investigations and Protecting Victims,
Office of Juvenile Justice and Delinquency Prevention, January 1995.
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Amended CPSL Definition of Perpetrator
A person who has committed child abuse as defined in
this section. The following shall apply:
1. The term includes only the following:
i.
ii.
iii.
iv.
v.
vi.
A parent of the child
A spouse or former spouse of the child’s parent
A paramour or former paramour of the child’s parent
A person 14 years of age or older and responsible for the child’s
welfare
An individual 14 years of age or older who resides in the same
home as the child
An individual 18 years of age or older who does not reside in the
same home as the child but is related within the third degree of
consanguinity or affinity by birth or adoption to the child
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Amended CPSL Definition of Perpetrator
(continued)
2. Only the following may be considered a perpetrator
for failing to act, as provided in this section:
i.
ii.
iii.
iv.
A parent of the child
A spouse or former spouse of the child’s parent
A paramour or former paramour of the child’s parent
A person 18 years of age or older and responsible for
the child’s welfare
v. A person 18 years of age or older who resides in the
same home as the child
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23Interviewing
Pa. C.S. §6303.
203: Investigative
in ChildDefinitions
Sexual Abuse Cases
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Amended CPSL Definition of Sexual Abuse or Exploitation
1.
The employment, use, persuasion, inducement, enticement or coercion
of a child to engage in or assist another individual to engage in sexually
explicit conduct, which includes, but is not limited to, the following:
i.
Looking at the sexual or other intimate parts of a child or another
individual for the purpose of arousing or gratifying sexual desire in
any individual
ii. Participating in sexually explicit conversation either in person, by
telephone, by computer or by a computer-aided device for the
purpose of sexual stimulation or gratification of any individual
iii. Actual or simulated sexual activity or nudity for the purpose of
sexual stimulation or gratification of any individual
iv. Actual or simulated sexual activity for the purpose of producing
visual depiction, including photography, videotaping, computer
depicting or filming.
This paragraph does not include consensual activities between a child
who is 14 years of age or older and another person who is 14 years of age
or older and whose age is within four years of the child’s age.
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Amended CPSL Definition of Sexual Abuse or
Exploitation (continued)
2.
Any of the following offenses committed against a child, as defined
in 18 Pa. C.S.:
i.
Rape (§ 3121)
ii. Statutory sexual assault (§ 3122.1)
iii. Involuntary deviate sexual intercourse (§ 3123)
iv. Sexual assault (§ 3124)
v. Institutional sexual assault (§ 3124.1)
vi. Aggravated indecent assault (§ 3125)
vii. Indecent assault (§ 3126)
viii. Indecent exposure (§ 3127)
ix. Incest (§ 4302)
x. Prostitution (§ 5902)
xi. Sexual abuse (§ 6312)
xii. Unlawful contact with a minor (§ 6318)
xiii. Sexual exploitation (§ 6320)
23 Pa. C.S. §6303. Definitions
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Scope of Investigation
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Investigative Goals
The investigation is a detailed fact-finding process with primary
goals of:
1. Assessing immediate safety threats and ongoing risk to the
child
2. Maximizing information obtained about the alleged incident
3. Gathering evidence to support the findings
4. Minimizing trauma to the child
5. Maintaining the integrity of the investigative process
6. Determining whether the allegation of child sexual abuse is
substantiated
7. Developing and implementing a plan to protect the child
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Activity
• Record three important skills or qualities
an investigative interview must possess.
• What skills do they need to have related to
those roles?
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A Successful Interviewer
1. Possesses a sense of professionalism and takes responsibility
for conducting an effective and fair interview/investigation
2. Uses effective listening skills, including active listening
3. Employs detailed observation skills
4. Is able to rapidly establish rapport with any individual with
whom they come in contact, regardless of cultural differences
or the interviewer’s personal feelings
5. Maintains self-control while establishing empathy with
interviewees
6. Has intricate knowledge of the laws and regulations affecting
child abuse
7. Confronts inconsistencies while gaining cooperation with the
safety plan
8. In intent on finding the truth
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Definitions of Interview Types
Investigative Interview
– A directed conversation between an investigator and a
subject in order to gather information about an incident,
identifying individuals and resources necessary to
assure child safety
Forensic Interview
– Narrowly-defined interview process between a speciallytrained law enforcement official or interviewer which
uses a specific order to the interview process,
concentrating on obtaining information relating to
evidence and prosecution
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Definitions of Interview Types (continued)
Therapeutic Interview
– Clinical interview concerned with a child’s perceptions
of events and how the events affected the child. Typically
conducted by mental health professionals or counselors,
focusing on helping the child navigate the healing
process
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Additional Resources
• Article for accidental v. sexual abuse-related hymenal
injury photographs Child Abuse & Neglect: Sexual
Abuse (June 16, 2006) by Angelo P. Giardino MD, PhD
http://www.emedicine.com/ped/topic2649.htm
• Forensic interviewing and certification: National
Associate of Certified Child Forensic Interviewers
http://www.naccfi.com
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Mary Referral Script
• Participants will be playing the role of a screener who
takes referrals or screens them out for referral to other
agencies or organizations. You receive a call at
approximately 10:30 AM.
• What questions would you ask to determine if this is a
valid referral?
• Refer to Handout #4 (The Mary Referral)
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Reporting to ChildLine
• Mandated reporters are required to report directly and immediately
to ChildLine when they have reasonable cause to suspect a child is
victim of abuse.
• The CPSL was amended to require staff members of institutions to
report directly to ChildLine rather than to a person in charge of the
institution.
• Mandated reporters can file an electronic report of suspected child
abuse online. These reports can be made through the Child Welfare
Portal.
• Do you want to learn more?
– Recognizing and Reporting Child Abuse: Mandated and
Permissive Reporting in Pennsylvania (PACWRC)
23 Pa. C.S. §6311. Persons required to report suspected child abuse
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Receipt of Reports by a CCYA
• When a report is made directly to a CCYA and not
ChildLine, after ensuring the safety of the child and
any other child in the child’s home, the CCYA must
immediately notify the department of the report.
• If the report was given over the phone, the CCYA must
attempt to collect as much of the information listed in
the “contents of report” as possible and submit
information to the department within 48 hours by
written report or by electronic technologies.
23 Pa, C.S. §6334. Disposition of complaints & 23 Pa. C.S. §6313. Reporting procedure
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When a Health Care Provider Makes a Report
Involving an Infant
• Ensure the safety of the child
immediately
• See the child within 48 hours
of receipt of the report
• Contact the parents of the
child within 24 hours of
receipt of the report
• Provide necessary services
for the child
23 Pa. C.S. §6386. Mandatory reporting of children under
one year of age
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Reporting Scenario #1
Andrea is a volunteer at a music
program sponsored through the
YMCA where she regularly
provides piano lessons. One of
the children, Jessy, tells Andrea
that her mother regularly
touches her brother, Bryan,
“down there.”
In this instance is Andrea
required to report? Why?
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Reporting Scenario #2
Glenn, from a local CCYA,
interviewed Mr. Kelley, a school
teacher. Mr. Kelley told Glenn
that yesterday he reported an
incident of suspected child sexual
abuse to his principal. He did
not identify the child to Glenn.
This conversation occurred after
December 31, 2014.
How should Glenn respond?
Why?
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Definitions of Safety and Risk
Safety
– “a condition of being free from immediate
harm”
(See OCYF Bulletin #3490-06-01, effective 3/15/06, Safety Assessment and Planning
Process.)
Risk
– “danger of future harm to the child”
(See OCYF Bulletin #3490-97-01, effective July 1, 1997, Risk Assessment Policies and
Procedures.)
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Stages of the Interview Process
1. Preparation Stage
2. Beginning and
Introductions Stage
3. Questioning and
Clarification Stage
4. Ending and Transitions
Stage
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Exclusions to Child Abuse
• Environmental factors
• Practice of religious beliefs
• Use of force for supervisions, control or safety
purposes
• Rights of parents
• Participation in events that involve physical contact
with a child
• Child-on-child contact
• Defensive force
23 Pa. C.S. §6304. Exclusions from child abuse
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Definition of Culture
Culture represents the vast structure of behavior, ideas,
attitudes, values, habits, beliefs, customs, language, rituals,
ceremonies, and practices “peculiar” to a particular group of
people.
It provides them with:
1. A general design for living
2. Patterns for interpreting reality
Culture determines how we see the world and the way we see
the world is reflected in our behavior.
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Sequencing of Interviews
Best practice indicates that, after obtaining information
from the referral source, interviews should occur in the
following order:
1. The identified child
2. The siblings and/or other children
3. The non-offending parent
4. The alleged perpetrator
5. Collateral witnesses: other family members/others to
whom the child may have disclosed (e.g., a friend or
school teacher)
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Location of Interviews
• Find a room/area where distractions can be minimized
• Place observers behind the child/interviewee
• Interview a child before the medical examination
(while child is fully clothed)
• Have law enforcement officers in plain clothes with
weapons concealed
Faller, K., Child Sexual Abuse: Intervention and Treatment Issues. U.S. Department of Health and Human Services,
Administration for Children and Families, Administration on Children, Youth and Families, National Center on Child Abuse and
Neglect. The Circle Inc., McLean, VA, Subcontract S105-89-1730 (1993).
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Electronic Recording
• Interviews of alleged child abuse victims and witnesses
are often the primary source of evidence
• It is critical that investigative interviews with children
are completely and accurately documented
• Documentation of interview includes:
–
–
–
–
Child’s exact verbal statements
Emotions/behaviors exhibited by the child
Questions posed by the interviewer
Behavioral interactions of the interviewer
• This avoid future challenges that the interviewer
manipulated the child’s verbal reports
Russel, 2011
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Advantages of Electronic Recording
• A means to decrease the number of interviews
• Reduce the number of court appearances
• Reduces the trauma that multiple interviews may
cause children due to their experience of abuse
• American Professional Society on the Abuse of
Children (APSAC)
– Advocates for electronic recordings as “the most
comprehensive and accurate method of documentation”
Russel, 2011
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Tender Years Act Scramble Instructions
(42 Pa. C.S.A. §5985.1, Admissibility of certain statements)
Allows for an out-of-court statement by the child, age 12
or younger, admissible in any criminal proceeding
relating to sexual offenses if the evidence is relevant and
the child testifies or is unavailable as a witness
Unscramble the cards from your envelope to
complete a sentence
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Interviewing Tools
•
•
•
•
•
•
Crayons and paper
Puppets
Dolls
Play Dough
Toy Telephones
Body Parts Drawing
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Family Tree for the Doe-Davis Family
Married 13 Years
Grandpa
Doe
Separated
8 Years
Paternal
Grandfather
Age 62
Whereabouts
Unknown
Regina
(Doe)
Smeltz
Melvin
Doe, Sr.
Paternal Aunt
Age 37
Father
Age 35
Grandma
(Finch)
Doe
Paternal
Grandmother
Deceased
14 years ago
Married 8 Years
Divorced
Melvin
Doe, Jr.
Key
= Male
= Female
= Child
= Divorced
The Pennsylvania Child Welfare Resource Center
Married 7 Years
Mary Doe
Mike
Doe
Child
Age 8
3rd Grade
Lives with
Katherine & John
Half-Brother
Age 6
1st Grade
Lives with
Katherine & John
= Married
Brother
Age 15
= Separated 9th Grade
Placed at YDC
Katherine
(McCauley)
Doe Davis
John
“Mack”
Davis
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Activity: Rules of the Interview
•
•
•
•
•
•
•
It’s okay for you to ask questions
Tell me if you don't know the answer to a question
Ask if you don't know what something means
I may ask you something more than one time
Tell me if you don’t like something I say or do
I want to help you and your family
Tell me if I get something wrong
Written and Revised by The Institute for Human Services for the Pennsylvania Child Welfare Competency-Based Training and
Certification Program. 203 Investigative Interviewing in Child Sexual Abuse Cases
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Children’s Communication Sequencing
#1 My mom said if I put my dolls in the closet and my
toys in the box, she'll buy me a present. So I did, and she
took me to Wal-Mart, and we looked at kid's stuff, and I
picked ribbons.
#2 See my ribbons. I just got them. They're new. My
mom said they make me look pretty. All of us kids have
to clean up our room. It's called our chores. Mom says
kids need to do chores because everybody has to do their
part and when you do your part your mom is happy with
you.
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Activity
• Label a lined sheet of paper with the following, leaving
spaced between each label:
– Containment
– Focused listening
– Reaching into silences
• Individually record at least one example of each on
your paper and one way you can improve your use of
the skill when you return to work.
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Stages of the Interview Process
1. Preparation Stage
2. Beginning and
Introductions Stage
3. Questioning and
Clarification Stage
4. Ending and Transitions
Stage
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Incorporating The Six Domains
Identification of
Safety Threats
D
O
C
U
M
E
N
T
A
T
I
O
N
I
N
F
O
R
M
A
T
I
O
N
Protective
Capacities
Analysis
Safety Decision
G
A
T
H
E
R
I
N
G
Safety Plan
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Incorporating the Six Domains
• Who are the caretakers in the home?
• Have we seen all the children?
• Wo else (family or community) can be of help?
• What action is required right now?
• How does this affect my plan for the next 60 days?
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Agenda on Day 2
• Interviewing the Non-Offending Parent
• Interviewing the Alleged Perpetrator
• Interviewing Collaborative Witnesses
• Making Decisions in Case Planning
• Closing and Evualuation
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Reasons a Child May Purposefully Disclose
•
•
•
•
•
Threat to safety removed or lessened
Threat to safety is heightened
Household/Relationship changes
Maturation/Ability to fight back
Direct conversation
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Critical Thinking Skills
Comprehension: Gather Information
•
•
•
•
What’s the situation?
What’s the challenge?
What facts and information are
relevant?
What is the relevant law, policy?
Synthesis: Plan and Implement
•
•
•
•
•
•
What are you options?
Which option do you propose?
What are your prioritized alternatives?
What actions will you take?
What results do you expect?
Predictions: the “What If?”
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Analysis: Compare/Contrast
What is the context?
• What has changed?
• What remains the same?
• Are there any cause/effect relationships
affecting this?
• How does this issue relate to other cases
or past history?
• What differentiates this case?
•
Evaluation: Revisit and Readjust
•
•
What result(s) did the action(s)
produce?
• What happened as predicted?
• What was unexpected?
What needs to change/continue?
• What is the next step?
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Critical Thinking Skills (continued)
Comprehension: Gather Information
•
•
•
•
What’s the situation?
What’s the challenge?
What facts and information are
relevant?
What is the relevant law, policy?
Synthesis: Plan and Implement
•
•
•
•
•
•
What are you options?
Which option do you propose?
What are your prioritized alternatives?
What actions will you take?
What results do you expect?
Predictions: the “What If?”
The Pennsylvania Child Welfare Resource Center
Analysis: Compare/Contrast
What is the context?
• What has changed?
• What remains the same?
• Are there any cause/effect relationships
affecting this?
• How does this issue relate to other cases
or past history?
• What differentiates this case?
•
Evaluation: Revisit and Readjust
•
•
What result(s) did the action(s)
produce?
• What happened as predicted?
• What was unexpected?
What needs to change/continue?
• What is the next step?
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Critical Thinking Skills Activity
• Think of a case that you are currently working on or
that you have worked on recently.
• Apply the Comprehension: Gathering Information and
Analysis: Compare/Contrast steps involved in critical
thinking to your case
– Use the questions as a guide
• Turn to a partner and share your experience with the
application of the two components of critical thinking
skills.
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Thinking Errors
• “I am the mother in this household. I may do what I
want with my child.”
• “I am responsible for educating my son. I am teaching
him about sexuality.”
• “I am a man with strong sexual desires. She is available
for me to use in this way.”
• “I asked her if it felt good to her; I was careful not to
hurt her.”
• “He never said he didn’t want to do it. I never did
anything he didn’t want me to.”
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Thinking Errors (continued)
• “I told her we are all sinners; we all have problems –
and I asked her if she wanted to see what my problem
was.”
• “Oral sex doesn’t count; it isn’t cheating.”
• “My wife doesn’t mind. She doesn’t want to give me
head so I had her little girl do it. At least I wasn’t
committing adultery by going outside the marriage.”
• “A stiff dick has no conscience.”
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Activity
• Each table will be assigned one of the following topics:
–
–
–
–
–
Preparation Stage
Beginning and Introductions Stage
Questioning and Clarification Stage
Ending and Transitions Stage
Alleged Perpetrator is Non-Family Member
• Discuss and record how interviewing the alleged
perpetrator differs from interviewing the other
subjects of the report (child, parents, etc.
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Common Sex Offender Assessment Areas:
• Sexual history
• Offense specific information (criminal
history, type of child preferred)
• Sexual fantasy activity
• Levels of anger or hostility
• The sexual knowledge of the alleged
perpetrator
• Levels of empathy
• Levels of social skills
• Cognitive distortions
Department of Public Welfare, 2013
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Delay of Notification
According to the amended CPSL (2014):
§6368 (l) Notice of Investigation
1.
Prior to interviewing a subject of a report, the county agency shall orally notify the subject,
except for the alleged victim, who is about to be interviewed of the following information:
i.
The existence of the report
ii.
The subject’s rights under 42. Pa. C.S. (relating to right to counsel) and 6338 (relating to
other basic rights)
iii.
The subject’s rights pursuant to this chapter in regard to amendment or expungement
iv.
The subject’s right to have an attorney present during the interview
2.
Written notice shall be given to the subject within 72 hours following oral notification, unless
delayed as provided in subjection (m).
§6368 (m) Delay of notification – The notice may be reasonably delayed, subject to the following:
1. If the notification is likely to:
i. Threaten the safety of a victim, a subject of the report who is not a perpetrator or the
investigating county agency worker
ii. Cause the perpetrator to abscond
iii. Significantly interfere with the conduct of a criminal investigation
2. The written notice shall be provided to all subjects of the report prior to the county agency
reaching a finding on the validity of the report.
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Interviewing Alleged Perpetrators
Interview: A meeting at which information is obtained from a person
• Should be conducted in a location that affords privacy and no
interruption or distractions
• Non-accusatory in design and nature
• The interviewee may or may not be formally charged with any crime
• If not in custody, is free to leave at will
• Miranda Warnings are required if suspect is in custody
• Are not limited in time (within reason); they take as much time as
needed to discuss the information needed
• Any written statements given by the person being interviewed are done
on an “Affidavit in Fact” form if interview is conducted by or in
conjunction with law enforcement
• At this time, the alleged perpetrator may give an alibi that can be
verified or disproved through the investigation
Adapted from Lieutenant Bill Walsh, Dallas Police Department
Walters, S.M. (2002). Working with the non-offending caregiver. APRI Update, 15(11). Alexandria, VA: American Prosecutors Research Institute, National Center for
Prosecution of Child Abuse.
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Assuring the Child’s Safety
1. A safety plan should be developed which will address
appropriate visitation between the child and the
alleged perpetrator.
2. If the alleged perpetrator will not voluntarily leave
the home, the child welfare professional will need to
remove the child (and probably the siblings). This
would be traumatic for the child
3. The perpetrator is encouraged to think of the child's
needs, not his or her own
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Act 55
Family finding shall be conducted when the child is
accepted for services and at least annually thereafter,
until the child's involvement with the county agency is
terminated or one of the following criteria about the child
is met:
• Dependent and the court determines that continued
family finding threatens child’s safety or is not in
child’s best interest.
• Not dependent and the agency determines that
continued family finding threatens child’s safety.
• In pre-adoptive placement with court proceedings.
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Collaboration with Other Agencies
Pertinent statutes and regulatory guidelines include:
• Chapter 6, Title 63 Domestic Relations, CPSL §6368
Investigation of reports. CPS regulations
• 55 Pa. Code, Chapter 3130.44 (c) Confidentiality of
family case records
• Juvenile Act §6311 (b)(2)(Powers and duties)
• Juvenile Act §6336 (f) (Discretion of the Court)
The Pennsylvania Child Welfare Resource Center
203: Investigative Interviewing in Child Sexual Abuse Cases
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