References to -- The investigation process --excellent
Posted: Tue Jun 20, 2006 4:17 pm
CPS Procedures -- The investigation process
HHS
http://66.218.69.11/search/cache?p=inte ... 1&.intl=us
Model for Joint Child Abuse Investigations by Law Enforcement and Child Protective Services
http://www.state.nj.us/humanservices/dy ... eccps.html
C. Burden of Proof
"There is a significant difference between the burden of proof in Civil (DYFS) vs Criminal (law enforcement) court matters. For this reason, a criminal matter can be dismissed for lack of evidence or inadmissible evidence, lack of suitable testimony (a child/victim is seen to be too frightened, too inconsistent to testify in court), or for other reasons. The burden of proof in criminal matters is "beyond a reasonable doubt," a 99% confidence that an identified alleged offender committed the identified crime.
Civil matters, on the other hand, require as a burden of proof only a "preponderance of the evidence," a 51% confidence that an incident occurred and an identified individual was responsible ("more likely than not ...").
Because of these differing burdens of proof, an individual could be completely exonerated from all criminal charges and proceedings, yet be found responsible for the alleged act by DYFS or in Civil Court."
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"While in most communities law enforcement plays a support role to child protective services, in some jurisdictions the investigations are conducted jointly from receipt of the referral. Increasingly, law enforcement officers are part of a highly skilled specialized team of professionals who work across agency lines to provide efficient, effective case handling."
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"Arrest
In most communities, only a very small proportion of child abuse and neglect cases result in arrest. Arrest usually means prosecution. Help to change parent's behavior is usually the best alternative. The desired result is not to punish the parent; rather it is to protect the child from further harm and to teach the parents to be adequate caretakers.
Prosecution of persons who abuse or neglect children can be difficult in all but the most serious cases. It may be very hard to prove who was responsible for an incident of child abuse or neglect which occurred in the absence of witnesses and in the privacy of the home.
There are times when arrest of the parent or caretaker is indicated. Arrest may be made immediately, particularly when the incident is severe, or it may be delayed pending consultation with DYFS and others. Arrest may be indicated when:
injury to the child is extremely severe
evidence exists that a serious crime has been committed
there is reason to believe that the parent or caretaker will flee the jurisdiction if given the opportunity
it is necessary to preserve the peace
the person believed responsible presents an immediate danger to others."
HHS
http://66.218.69.11/search/cache?p=inte ... 1&.intl=us
Model for Joint Child Abuse Investigations by Law Enforcement and Child Protective Services
http://www.state.nj.us/humanservices/dy ... eccps.html
C. Burden of Proof
"There is a significant difference between the burden of proof in Civil (DYFS) vs Criminal (law enforcement) court matters. For this reason, a criminal matter can be dismissed for lack of evidence or inadmissible evidence, lack of suitable testimony (a child/victim is seen to be too frightened, too inconsistent to testify in court), or for other reasons. The burden of proof in criminal matters is "beyond a reasonable doubt," a 99% confidence that an identified alleged offender committed the identified crime.
Civil matters, on the other hand, require as a burden of proof only a "preponderance of the evidence," a 51% confidence that an incident occurred and an identified individual was responsible ("more likely than not ...").
Because of these differing burdens of proof, an individual could be completely exonerated from all criminal charges and proceedings, yet be found responsible for the alleged act by DYFS or in Civil Court."
- - - - - - - - - - - - - -
"While in most communities law enforcement plays a support role to child protective services, in some jurisdictions the investigations are conducted jointly from receipt of the referral. Increasingly, law enforcement officers are part of a highly skilled specialized team of professionals who work across agency lines to provide efficient, effective case handling."
- - - - - - - - - - -
"Arrest
In most communities, only a very small proportion of child abuse and neglect cases result in arrest. Arrest usually means prosecution. Help to change parent's behavior is usually the best alternative. The desired result is not to punish the parent; rather it is to protect the child from further harm and to teach the parents to be adequate caretakers.
Prosecution of persons who abuse or neglect children can be difficult in all but the most serious cases. It may be very hard to prove who was responsible for an incident of child abuse or neglect which occurred in the absence of witnesses and in the privacy of the home.
There are times when arrest of the parent or caretaker is indicated. Arrest may be made immediately, particularly when the incident is severe, or it may be delayed pending consultation with DYFS and others. Arrest may be indicated when:
injury to the child is extremely severe
evidence exists that a serious crime has been committed
there is reason to believe that the parent or caretaker will flee the jurisdiction if given the opportunity
it is necessary to preserve the peace
the person believed responsible presents an immediate danger to others."