References to -- The investigation process --excellent

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Marina
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References to -- The investigation process --excellent

Postby Marina » 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."
Last edited by Marina on Thu Jul 13, 2006 8:57 pm, edited 3 times in total.

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Postby Frustrated » Tue Jun 20, 2006 6:25 pm

That is very interesting article.

I can see why we went to Criminal Court and got our Case dismissed and thrown out because there wasn't enough evidence.

And yet, CPS still kept our charges and founded the Case and kept our Names in Abuse Reigstry regardless.

Where is the Proof? They have not proven and surely we never had our due process in Court and we never had our say, but we had dismissed our Case in Criminal Court.

These Two's are rather tricky, but which one would you go with?

I would go with the Criminal Court, because it has been proven beyond a reasonable doubt that the alleged Person did not do it, and has been proven innocent.

Civil Courts are not always reliable, and it is full of holes, and never proven with Evidence, it is more hearsay...more like making up stuff as CPS goes along...in their reports. Mostly what CPS "believes" that incident happened.

Believes?

I think it should be Postively KNOW that the alleged person did it. Not "um believe" or "maybe's" about it. That is what makes every Case shoddy.

We deserve every right to prove ourselves in our innocence. not being Guilty in CPS' Eyes, but never before a jury Trial? Why we never went to a Jury Trial? Because CPS are most afraid that Jury would hear shoddy details, and Lies from CPS...and will see there is NO PROOF to begin with?

Just a whole bunch of made up concition and claims by CPS, but no proof is just as dangerous like shooting in the dark and not knowing what you missed or hit?

I just happen to believe that CPS commit the most Frauds worst than the ones that steals your Identity. The CPS should be held accountable for such Fraudulent statement against Innocent Families!! and should be charged in Criminal Courts for Frauds.

That day will come to a recokening to them, their day will be counted and their day will be in Courts some day to answer for their Crimes and they have to pay their dues in Prison.
It is easy to steal from poor people. But don't do it. And don't take advantage of those poor people in court. The Lord is on their side. He supports them and he will take things away from any person that takes from them.~ Proverbs 22:22

Marina
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Child Sexual Abuse Investigations

Postby Marina » Sat Jul 01, 2006 5:09 pm

Child Sexual Abuse Investigations
Multidisciplinary Collaborations


An Internet Resource for Forensic Investigation
of Child Sexual Abuse Cases

http://childabuse.georgiacenter.uga.edu ... ical.phtml

Table of Contents in Chronological Order
The overall goals of forensic intervention steps
The Overall Goals of Forensic Intervention Steps
C. Curtis Holmes, Ph.D.
Issues in reporting
Initiating the CPS Report to the Authorities
C. Curtis Holmes, Ph.D.
The overall goals of forensic intervention steps
Issues in Child Protective Services (CPS) substantiate/unsubstantiate
Child Protective Service Issues
Cindy Conine, et.al
Gathering investigative evidence
Interviewing the Child Victim
Ethel Amacher, M.S.W., L.C.S.W.
Child and Adolescent Forensic Interview Guidelines
Ethel Amacher, M.S.W., L.C.S.W.
Extended Assessment of the Child Victim
Ethel Amacher, M.S.W., L.C.S.W.
The National Children's Advocacy Center Extended Forensic Model
Connie N. Carnes, M.S., L.P.C.
Checklist for Interviewing/Questioning Children
Anne Graffam Walker, Ph.D., Forensic Linguist
Examples of Testimony (to accompany training)
Anne Graffam Walker, Ph.D., Forensic Linguist
Health Professional Exams of Suspected Child Victims

Medical Evaluations of Suspected Child Victims
Randell Alexander, Ph.D., M.D.
The SANE Model (Sexual Assault Nurse Examiner)
Bea Yorker, R.N., J.D.
The Role of the Non-Sexual Abuse Specialist Community Health Care Professional
Lynn Waits, RN, C.F.N.P.
Interrogating Suspects in Child Sexual Abuse Cases
Lieutenant Bill Walsh
Building a Solid Case
J. Tom Morgan, Dekalb District Attorney and Shannon Hills, Investigator, Crimes Against Children
Polygraph Exams of Sexual Offenders
Daniel Sosnowski, MS
Using a Multi-Disciplinary Team (MDT) Approach
Using a Multidisciplinary Team (MDT) Approach
Cindy Conine, B.S., et. al.
The interplay and differences between clinical and forensic goals
Psychosexual Evaluations
Dr. Julie Medlin
Psychological Assessments of Alleged Child Sexual Abuse Victims
Nancy A. McGarrah, Ph.D.
The Empirical Basis of the Forensic Evaluation Protocol
Connie N. Carnes, MS, L.P.C.
Dealing with the social systems of the victim and perpetrator
The Context of Child Sexual Offenses
Paula Early Adams, Ph.D., and C. Curtis Holmes, Ph.D.
Dealing with Juvenile court issues
A Reference Manual for Attorney And Volunteer Guardians Ad Litem: The Perspective of Attorney and Volunteer Guardians Ad Litem
I: Introduction
II: Roles and Responsibilities of the Law/Guardian/CASA Team
III: Jurisdiction of the Juvenile Court System
IV: Removing a Deprived Child from the Home
V: 72-Hour Informal Detention Hearing
VI: Filing of a Deprivation Petition
VII: Adjudicatory Hearing on the Deprivation Petition
VIII: Disposition of a Deprived Child
IX: Permanency Planning
X: Termination of Parental Rights
XI: Motions for Reconsideration and Appeals
XII: Parental Notification Bypass Hearings
Working with Child Deprivation Cases in Georgia's Juvenile Courts: A Reference Manual for Special Assistant Attorneys General
Michelle Barclay, JD et. Al.

I: Introduction
II: Jurisdiction of the Juvenile Court System
III: Removing a Deprived Child from the Home
IV: 72- Hour Informal Detention Hearing
V: Filing of a Deprivation Petition
VI: Adjudicatory Hearing on the Deprivation Petition
VII: Disposition of a Deprived Child
VIII: Permanency Planning - Judicial and Citizen Review
IX: Termination of Parental Rights
X: Motions for Reconsideration and Appeals
Rules of Evidence and Case Law for Expert Witness Testimony
Sylvia L. Gillote, JD
Dealing with Superior court issues
Building a Solid Case
J. Tom Morgan, Dekalb District Attorney and Shannon Hills, Investigator, Crimes Against Children
Rules of Evidence and Case Law for Expert Witness Testimony
Sylvia L. Gillote, JD
Goals in sentencing
The Overall Goals of Forensic Intervention Steps
C. Curtis Holmes, Ph.D.
Probation and Parole Supervision of Child Sexual Offenders
Jani McGee Lopez, Ed.S., L.P.C.
Special Issues
Forensic Considerations in Ritual Trauma Cases
Sylvia L. Gillote, JD
The Sexual Abuse of Children with Disabilities
Dr. Jenny Manders, Institute on Human Development and Disability
College of Family and Consumer Sciences
The University of Georgia
Munchausen by Proxy (MBP) Maltreatment Manifesting as Child Sexual Abuse
Louisa J. Lasher, M.A. and Marc D. Feldman, MD
The False Memory Defense: Using Disinformation and Junk Science in and out of Court
Charles L. Whitfield, MD, F.A.S.A.M.
Forensic Issues with Non-Offending Guardians
C. Curtis Holmes and Sharon A. McGee
Last edited by Marina on Tue Jul 04, 2006 5:14 am, edited 3 times in total.

Marina
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Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Sat Jul 01, 2006 5:16 pm

http://childabuse.georgiacenter.uga.edu ... sion.phtml

Table of Contents by Professional Discipline
Mandated Reporters and Non-mandated Reporter
Initiating the CPS Report to the Authorities
C. Curtis Holmes, Ph.D.
The overall goals of forensic intervention steps
The Overall Goals of Forensic Intervention Steps
C. Curtis Holmes, Ph.D.
Child Protective Service Professional
Child Protective Service Issues
Cindy Conine, et.al
Using a Multi-Disciplinary Team (MDT) Approach
Cindy Conine, B.S. et. al.
Law Enforcement Professional
Building a Solid Case
J. Tom Morgan, Dekalb District Attorney and Shannon Hills, Investigator, Crimes Against Children
Interrogating Suspects in Child Sexual Abuse Cases
Lieutenant Bill Walsh
Using a Multi-Disciplinary Team (MDT) Approach
Cindy Conine, B.S. et. al.
The Context of Child Sexual Offenses
Paula Early Adams, Ph.D., and C. Curtis Holmes, Ph.D.
Health Care Professional
Health Care Professional Exams of Suspected Child Victims

Medical Evaluations of Suspected Child Victims
Randell Alexander, Ph.D., M.D.
The SANE Model (Sexual Assault Nurse Examiner)
Bea Yorker, R.N., J.D.
The Role of the Non-Sexual Abuse Specialist Community Health Care Professional
Lynn Waits, R.N., C.F.N.P.
Using a Multi-Disciplinary Team (MDT) Approach
Cindy Conine, B.S. et. al.
Mental Health Professional
Interviewing the Child Victim
Ethel Amacher, M.S.W., L.C.S.W.
Child and Adolescent Forensic Interview Guidelines
Ethel Amacher, M.S.W., L.C.S.W.
Extended Assessment of the Child Victim
Ethel Amacher, M.S.W., L.C.S.W.
Psychosexual Evaluations
Dr. Julie Medlin
Psychological Assessments of Alleged Child Sexual Abuse Victims
Nancy A. McGarrah, Ph.D.
The Context of Child Sexual Offenses
Paula Early Adams, Ph.D., and C. Curtis Holmes, Ph.D.
The Sexual Abuse of Children with Disabilities
Dr. Jenny Manders, Institute on Human Development and Disability
College of Family and Consumer Sciences
The University of Georgia
The False Memory Defense: Using Disinformation and Junk Science in and out of Court
Charles L. Whitfield, M.D., F.A.S.A.M.
Munchausen by Proxy (MBP) Maltreatment Manifesting as Child Sexual Abuse
Louisa J. Lasher, M.A. and Marc D. Feldman, M.D.
Forensic Issues with Non-Offending Guardians
C. Curtis Holmes and Sharon A. McGee
Using a Multi-Disciplinary Team (MDT) Approach
Cindy Conine, B.S. et. al.
Child Advocacy Center (CAC) Child Advocate
The National Child Advocacy Center Extended Forensic Model
Connie N. Carnes, M.S., L.P.C.
The Empirical Basis of the Forensic Evaluation Protocol
Connie N. Carnes, M.S., L.P.C.
Interviewing the Child Victim-Outline
Ethel Amacher, M.S.W., L.C.S.W.
Interviewing the Child Victim-Narrative
Ethel Amacher, M.S.W., L.C.S.W.
Extended Assessment of the Child Victim
Ethel Amacher, M.S.W., L.C.S.W.
Using a Multi-Disciplinary Team (MDT) Approach
Cindy Conine, B.S., et. al.
Polygrapher
Polygraph Exams of Sexual Offenders
Daniel Sosnowski, M.S.
Attorney
Building a Solid Case
J. Tom Morgan, Dekalb District Attorney and Shannon Hills, Investigator, Crimes Against Children
A Reference Manual for Attorney And Volunteer Guardians Ad Litem: The Perspective of Attorney and Volunteer Guardians Ad Litem
I: Introduction
II: Roles and Responsibilities of the Law/Guardian/CASA Team
III: Jurisdiction of the Juvenile Court System
IV: Removing a Deprived Child from the Home
V: 72-Hour Informal Detention Hearing
VI: Filing of a Deprivation Petition
VII: Adjudicatory Hearing on the Deprivation Petition
VIII: Disposition of a Deprived Child
IX: Permanency Planning
X: Termination of Parental Rights
XI: Motions for Reconsideration and Appeals
XII: Parental Notification Bypass Hearings
Working with Child Deprivation Cases in Georgia's Juvenile Courts: A Reference Manual for Special Assistant Attorneys General
Michelle Barclay, J.D. et. al.

I: Introduction
II: Jurisdiction of the Juvenile Court System
III: Removing a Deprived Child from the Home
IV: 72- Hour Informal Detention Hearing
V: Filing of a Deprivation Petition
VI: Adjudicatory Hearing on the Deprivation Petition
VII: Disposition of a Deprived Child
VIII: Permanency Planning - Judicial and Citizen Review
IX: Termination of Parental Rights
X: Motions for Reconsideration and Appeals
Rules of Evidence and Case Law for Expert Witness Testimony
Sylvia L. Gillote, J.D.
The False Memory Defense: Using Disinformation and Junk Science in and out of Court
Charles L. Whitfield, M.D., F.A.S.A.M.
Expert Witness
Rules of Evidence and Case Law for Expert Witness Testimony
Sylvia L. Gillote, J.D.
Court Appointed Special Advocates (CASA) Volunteer/Guardians Ad Litem
Working Together in Georgia's Juvenile Courts: The Perspective of Attorney and Volunteer Guardians Ad Litem
Michelle Barclay, J.D., et. al.
Probation and Parole Officers
Probation and Parole Supervision of Child Sexual Offenders
Jani McGee Lopez, Ed.S., L.P.C.

Marina
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Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Sun Jul 02, 2006 8:24 pm

**FINAL**

In the Matter of: JOANIE STUMBO, STEVEN STUMBO, SCOTT STUMBO, UNKNOWN STUMBO.

No. COA00-408



(Filed 15 May 2001)


http://66.218.69.11/search/cache?p=inve ... 1&.intl=us

1. Child Abuse and Neglect--investigation--private interview with children--Fourth Amendment rights
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DSS later filed a petition to prohibit interference with or obstruction of the investigation, and the court granted the petition.
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Furthermore, a private interview with a child pursuant to a child abuse or neglect investigation does not necessarily constitute a “seizure” warranting Fourth Amendment protection.
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The “lawful excuse” provision of N.C.G.S. § 7B-303(c) does not permit parents to interfere with or obstruct a child neglect or abuse investigation on Fourth Amendment grounds where neither a search nor a seizure in involved. N.C.G.S. § 7B-302.
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2. Child Abuse and Neglect--interference with investigation-- evidence of underlying incident
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The trial court correctly excluded evidence of whether the underlying incident constituted child neglect or abuse from a hearing to determine whether respondents obstructed or interfered with the investigation
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appeal from an order entered 25 January 2000 instructing them to cease their obstruction of and interference with an investigation
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Protective services shall include the investigation and screening of complaints
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prompt and thorough investigation in order to ascertain the facts of the case
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initiate the investigation within 72 hours
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The investigation and evaluation shall include a visit to the place where the juvenile resides
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If any person obstructs or interferes with an investigation required by G.S. 7B-302, the director may file a petition naming said person as respondent and requesting an order directing the respondent to cease such obstruction or interference.
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shall specifically describe the conduct alleged to constitute obstruction of or interference with the investigation,
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obstruction of or interference with an investigation means refusing to disclose the whereabouts of the juvenile, refusing to allow the director to have personal access to the juvenile, refusing to allow the director to observe or interview the juvenile in private, refusing to allow the director access to confidential information and records upon request pursuant to G.S. 7B-302, refusing to allow the director to arrange for an evaluation of the juvenile by a physician or other expert, or other conduct that makes it impossible for the director to carry out the duty to investigate.
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has obstructed or interfered with an investigation required by G.S. 7B-302, the court may order the respondent to cease such obstruction or interference. The burden of proof shall be on the petitioner.
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as part of her investigation, she needed to speak with the children privately.
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and that she didn't have time for the investigation.
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because he felt there was no good reason for the investigation.
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interview children who are the subjects of an investigation.
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requested to speak to the children privately at least three times during the incident but was unable to complete her investigation because Mr. and Mrs. Stumbo did not allow her to conduct any interviews with the children.
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filed a “petition to prohibit interference with or obstruction of child protective services investigation”
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trial court explained its view that because the investigation did not involve a “search” or a “seizure,” the Fourth Amendment did not apply and no probable cause showing was necessary.
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provides that obstructing or interfering with an investigation includes the denial of private interviews with the juveniles.
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arguments
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GREENE, Judge, dissenting.


Because I believe the investigation ordered in this case and mandated by section 7B-302 constitutes a search within the meaning of the Fourth Amendment, I dissent.
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Also, due to the sanctity of private dwellingsand the potential for criminal investigation/prosecution arising from the section 7B-302 investigation, a total suspension of the probable cause standard is not appropriate. A total suspension would permit entry into a home and interviews with the reported victim child, based simply on a totally unsubstantiated report of abuse/neglect, as long as there is a showing that the home owner/person “without lawful excuse, has obstructed or interfered with [the] investigation.” N.C.G.S. § 7B-303(c) (1999).
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the trial court was required, prior to issuing a section 7B-303(c) order, to make a finding there existed reasonable grounds

Marina
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Investigation and Case Management Issues and Strategies

Postby Marina » Wed Aug 16, 2006 4:04 pm

http://www.ipt-forensics.com/journal/volume2/j2_3_5.htm

IPT Journal

Investigation and Case Management Issues and Strategies
Gordon J. Blush and Karol L. Ross


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