LINEVILLE PD - 313 - CHILD ABUSE

LINEVILLE PD

GENERAL ORDERS LINCOLN POLICE DEPARTMENT

SUBJECT: GENERAL OPERATIONS

TITLE: CHILD ABUSE

EFFECTIVE DATE: AUGUST 1, 2025

REVISION DATE:

ACCREDITATION: ALABAMA ASSOCIATION OF CHIEFS OF POLICE (AACOP)

APPROVAL: CHIEF SCOTT BONNER

CHILD ABUSE

313.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidelines for the investigation of suspected child abuse. This policy also addresses when Lincoln Police Department members are required to notify the Alabama Department of Human Resources (DHR) of suspected child abuse.

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313.1.1 DEFINITIONS

Definitions related to this policy include:

CHILD - Unless otherwise specified by a cited statute, a child is any person under the age of 18 years or a person under the age of 19 years who is in need of protective services but does not qualify for adult protective services (Ala. Code § 26-14-1) (See the Adult Abuse Policy).

CHILD ABUSE - Any offense or attempted offense involving violence or neglect with a child victim when committed by a person responsible for the child’s care or any other act that would mandate notification to a social service agency.

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313.2 POLICY

The Lincoln Police Department will investigate all reported incidents of alleged criminal child abuse and ensure DHR is notified as required by law.

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313.3 MANDATORY NOTIFICATION

Members of the Lincoln Police Department shall notify DHR when (Ala. Code § 26-14-3):

(a) They receive a report of child abuse or neglect.

(b) They reasonably suspect that a child has been the victim of abuse or neglect.

For purpose of notification, abuse or neglect includes (Ala. Code § 26-14-1):

Harm or threatened harm to a child's health or welfare through non-accidental physical or mental injury

Actual or attempted sexual abuse or sexual exploitation

Negligent treatment or maltreatment, including the failure to provide adequate food, medical treatment, supervision, clothing or shelter

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313.3.1 NOTIFICATION PROCEDURE

Notification should occur as follows (Ala. Code § 26-14-3):

(a) Notification shall be made immediately to DHR, either by telephone or by direct verbal communication.

(b) The initial notice shall be followed-up with a written report to DHR as soon as practicable.

The name and location of the child.

The names and addresses of the child's parents, guardian, or other caretaker.

The nature and extent of the child's injuries and any evidence of previous injuries.

Any other information that may be helpful in establishing the cause of the injuries to the child.

The identity of the person or persons responsible for the injuries.

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313.4 QUALIFIED INVESTIGATORS

Qualified investigators should be available for child abuse investigations. These investigators should:

(a) Conduct interviews in child-appropriate interview facilities.

(b) Be familiar with forensic interview techniques specific to child abuse investigations.

(d) Coordinate with other enforcement agencies, social service agencies and school administrators as needed (Ala. Code § 26-16-13).

(e) Provide referrals to therapy services, victim advocates, guardians and support for the child and family as appropriate.

(f) Participate in or coordinate with multidisciplinary investigative teams as applicable (Ala. Code § 26-14-2; Ala. Code § 26-16-13).

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313.5 INVESTIGATIONS AND REPORTING

In all reported or suspected cases of child abuse, officers shall write a report even if the allegations appear unfounded or unsubstantiated.

Investigations and reports related to suspected cases of child abuse should address, as applicable:

(a) The overall basis for the contact. This should be done by the investigating officer in all circumstances where a suspected child abuse victim was contacted.

(b) The exigent circumstances that existed if officers interviewed the child victim without the presence of a parent or guardian.

(d) If a child was taken into protective custody, the reasons, the name and title of the person making the decision, and why other alternatives were not appropriate.

(e) Documentation of any visible injuries or any injuries identified by the child. This should include photographs of such injuries, if practicable.

(f) Whether the child victim was transported for medical treatment or a medical examination.

(g) Whether the victim identified a household member as the alleged perpetrator, and a list of the names of any other children who may reside in the residence.

(h) Identification of any prior related reports or allegations of child abuse, including other jurisdictions, as reasonably known.

(i) Previous addresses of the victim and suspect.

(j) Other potential witnesses who have not yet been interviewed, such as relatives or others close to the victim’s environment.

All cases of the unexplained death of a child should be investigated as thoroughly as if it had been a case of suspected child abuse (e.g., a sudden or unexplained death of an infant) (Ala. Code § 26-16-110 et seq.).

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313.5.1 CHILD ABUSE OR NEGLECT ASSESSMENTS

The Department shall be responsible for conducting the investigative assessment upon notice from DHR that a report of suspected child abuse or neglect has occurred in (Ala. Code § 26-14-6.1; Ala. Admin. Code r. 660-5-34-.05(4)):

(a) A state-operated child residential facility.

(b) A public or private school or kindergarten, if the allegations involve disciplinary or corporal punishment.

The investigative assessment should be conducted pursuant to Ala. Admin. Code r. 660-5-34-.05 and any applicable agreement between the department and the local or state DHR.

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313.6 PROTECTIVE CUSTODY

Before taking any child into protective custody, the officer should make reasonable attempts to contact DHR. Generally, removal of a child from his/her family, guardian or other responsible adult should be left to the child welfare authorities when they are present or have become involved in an investigation.

Generally, members of this department should remove a child from his/her parent or guardian without a court order only when no other effective alternative is reasonably available and immediate action reasonably appears necessary to protect the child. Prior to taking a child into protective custody, the officer should take reasonable steps to deliver the child to another qualified parent or legal guardian unless it reasonably appears that the release would endanger the child or result in abduction. If this is not a reasonable option, the officer shall ensure that the child is delivered to DHR.

Whenever practicable, the officer should inform a supervisor of the circumstances prior to taking a child into protective custody. If prior notification is not practicable, officers should contact a supervisor promptly after taking a child into protective custody.

Children may only be removed from a parent or guardian in the following situations (Ala. Code § 26-14-6; Ala. Admin. Code r. 660-5-34-.06):

(a) Pursuant to a court order.

(b) Without a court order, if the circumstances or conditions are such that the child's life or health is in imminent danger.

Officers taking a child into protective custody shall immediately notify DHR and the court having jurisdiction so that child-protective proceedings may be initiated.

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313.6.1 SAFE HAVEN LAW

A parent of an infant 45 days old or younger is not guilty of abandonment, nonsupport, or endangering the child based on the parent voluntarily surrendering the infant pursuant to the state safe haven law (Ala. Code § 26-25-3).

A qualified investigator from the Department shall investigate whether an infant surrendered pursuant to the state safe haven law had been reported missing and follow procedures in the Missing Persons Policy, as applicable (Ala. Code § 26-5-2).

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313.7.1 PRELIMINARY INTERVIEWS

Absent extenuating circumstances or impracticality, officers should record the preliminary interview with suspected child abuse victims. Officers should avoid multiple interviews with a child victim and should attempt to gather only the information necessary to begin an investigation. When practicable, investigating officers should defer interviews until a person who is specially trained in such interviews is available. Generally, child victims should not be interviewed in the home or location where the alleged abuse occurred.

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313.7.2 DETAINING SUSPECTED CHILD ABUSE VICTIMS FOR AN INTERVIEW

An officer should not detain a child involuntarily who is suspected of being a victim of child abuse solely for the purpose of an interview or physical exam without the consent of a parent or guardian unless one of the following applies:

(a) Exigent circumstances exist, such as:

A reasonable belief that medical issues of the child need to be addressed immediately.

A reasonable belief that the child is or will be in danger of harm if the interview or physical exam is not immediately completed.

The alleged offender is the custodial parent or guardian and there is reason to believe the child may be in continued danger.

(b) A court order or warrant has been issued.

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313.8 MEDICAL EXAMINATIONS

If the child has been the victim of abuse that requires a medical examination, the investigating officer should obtain consent for such examination from the appropriate parent, guardian or agency having legal custody of the child. The officer should also arrange for the child’s transportation to the appropriate medical facility.

In cases where the alleged offender is the custodial parent or guardian and is refusing consent for the medical examination, officers should notify a supervisor before proceeding. If exigent circumstances do not exist or if state law does not provide for officers to take the child for a medical examination, the notified supervisor should consider obtaining a court order for such an examination.

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313.9 DRUG-ENDANGERED CHILDREN

A coordinated response by law enforcement and social services agencies is appropriate to meet the immediate and longer-term medical and safety needs of children exposed to the manufacturing, trafficking or use of narcotics.

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313.9.1 SUPERVISOR RESPONSIBILITIES

The Criminal Investigations supervisor should:

(a) Work with professionals from the appropriate agencies, including DHR, other law enforcement agencies, medical service providers and local prosecutors to develop community-specific procedures for responding to situations where there are children endangered by their exposure to methamphetamine labs or the manufacture and trafficking of other drugs.

(b) Activate any available interagency response when an officer notifies the Criminal Investigations supervisor that the officer has responded to a drug lab or other narcotics crime scene where a child is present or where evidence indicates that a child lives at the scene.

(c) Develop a report format or checklist for use when officers respond to drug labs or other narcotics crime scenes. The checklist will help officers document the environmental, medical, social and other conditions that may affect the child.

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313.9.2 OFFICER RESPONSIBILITIES

Officers responding to a drug lab or other narcotics crime scene where a child is present or where there is evidence that a child lives should:

(a) Document the environmental, medical, social and other conditions of the child using photography as appropriate and the checklist or form developed for this purpose.

(b) Notify the Criminal Investigations supervisor so an interagency response can begin.

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313.10 STATE MANDATES AND OTHER RELEVANT LAWS

Alabama requires or permits the following:

313.10.1 RELEASE OF REPORTS

Information related to incidents of child abuse or suspected child abuse shall be confidential and may only be disclosed pursuant to state law and the Records Maintenance and Release Policy (Ala. Code § 26-14-8).

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313.10.2 CHILD PROTECTION AND DEATH REVIEW TEAMS

The Department will cooperate with and participate in any interagency or multi-disciplinary child protection team or child death review team investigation in accordance with Ala. Code § 26-16-50, Ala. Code § 26-16-96 and Ala. Code § 26-16-113.

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313.11 TRAINING

The Department should provide training on best practices in child abuse investigations to members tasked with investigating these cases. The training should include:

(a) Participating in multidisciplinary investigations, as appropriate.

(b) Conducting forensic interviews.

(d) Availability of specialized forensic medical exams.

(e) Cultural competence (including interpretive services) related to child abuse investigations.

(f) Availability of victim advocate or guardian ad litem support.

(g) Recognizing abuse that requires mandatory notification to another agency.

These policies and operating procedures are not designed to cover every possible scenario or situation in society, but rather to define standard operating procedures for members of the Lincoln Police Department. These guidelines are subject to past, present and future judicial review. These guidelines can be amended and or repealed by the Chief of Police as necessary. The policies and procedures herein provided supersede all previous policies and orders.

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