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The Role of Law Enforcement in the Response to Child Abuse and Neglect
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Author(s):
U.S. Department of Health and Human Services
Donna Pence, Charles Wilson |
| Year Published: 1992 |
Conclusion
In the final analysis, the skills and judgments required of law enforcement officers in response to child abuse cases are significantly different than that expected of officers in the investigation of most criminal activity. Factors that set apart child abuse cases are:
- At the onset of the investigation, officers must not assume that abuse, and therefore a crime, has occurred. The investigation must not just seek who is responsible, but must first establish that what has happened constitutes child abuse as defined in State law.
- Officers must communicate effectively with children in child abuse cases far more often than in any other class of crime. The child, particularly in sexual abuse cases, may be the only witness to the crime (beside the perpetrator).
- The officer must share power and authority with staff of other investigative agencies who have an equal responsibility to investigate allegations of child abuse. CPS staff must be viewed and developed as allies, rather than competitors or impediments in the criminal investigative process.
- Officers must often defer to the judgments of other professionals in assessing the evidence before them, including physicians, coroners, or mental health professionals.
- The officer may find that the case is affected by more judicial systems than any other class of crime he/she is likely to confront. It is not uncommon for the criminal investigation and prosecution to be influenced by the juvenile or family court judge, the divorce judge, or administrative bodies such as licensing review boards or State CPS due process systems.
Ultimately law enforcement and the criminal justice system alone cannot successfully confront child abuse. Likewise, the child protection system or the mental health or medical professions cannot deal effectively with this problem alone. It is only through the effective integration of the strengths of all who provide services to abused and neglected children and their families that successful outcomes can be achieved. For this reason, officers involved in the protection of children, either as a function of their patrol duties or as a special investigative assignment, must seek ways to build effective relationships and alliances with the other systems involved in child protection. Law enforcement officers cannot isolate themselves in their own system and expect to address this problem effectively. Officers who may be experienced in other aspects of law enforcement can only be effective if they acquire the special skills and knowledge needed for this work. While some officers may have natural abilities with children, special training promotes understanding of the special developmental limitations and abilities of growing children and positively influences the investigative and factfinding process.
Officers must also be prepared for the special emotional toll that child abuse cases may exact from professionals involved. Failure to fully appreciate this aspect can lead to early burnout, but may also cloud judgment and objectivity. The potential for such influences to adversely affect the officer's performance can be mitigated through effective coordination with the other agencies and professions actively involved in the protection of children.
It is the interdisciplinary team that is our best tool in combating child maltreatment.
This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway.