Cal. Code Regs. tit. 11 § 930.61

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 930.61 - Follow-Up Investigation

(a) Review - The investigator shall review the completeness of the preliminary investigation to determine the scope and direction of the follow-up investigation. This review shall include:

(1) confirmation of the elements of the crime or violation;

(2) determination of the need for further interviews;

(3) evaluation of all evidence to ensure that all statements are complete and accurate, and all physical evidence has been identified and documented;

(4) determination of the need for a search warrant where the investigation is being conducted by a law enforcement investigator;

(5) determination of the need for confidentiality;

(6) determination of the custody status of the victim(s) sibling(s) and alleged offender(s);

(7) coordination with the appropriate agencies; and

(8) determination of the necessity of a multi-disciplinary team, if it is warranted by the complexity of the investigation.

(b) Records Check - An investigation by law enforcement upon allegations of serious abuse, shall include a thorough records check of the suspect, including:

(1) local files;

(2) criminal history data;

(3) Department of Justice Child Abuse Central Index;

(4) Department of Justice Registrations and Compliance files (Penal Code section 290); and

(5) California Department of Motor Vehicles.

(c) Background Check - A thorough background investigation shall be conducted on the prime suspect(s) including:

(1) previous residences and employers to determine prior offenses in other jurisdictions;

(2) previous relationships - spouse, ex-spouse, live-in relations and roommates;

(3) contacts with other agencies and/or jurisdictions,

(d) Corroboration - Corroborating information relevant to guilt or innocence of the accused suspect shall be developed and gathered to include, but not be limited to, the following:

(1) medical examination and/or medical history of the victims;

(2) witness statements;

(3) physical evidence;

(4) incriminating statements made by suspect;

(5) whether access to the victim by the suspect was possible and if the suspect had the opportunity to commit the offense;

(6) modus operandi (M.O.) factors where relevant to prove serious abuse in a criminal prosecution.

(e) Interview and Interrogation Techniques

(1) General Considerations - When conducting interviews and interrogations, the investigating official shall:

(A) determine the purpose of the interview/interrogation and the interviewee's role in the case. (i.e. victim, eye witness, expert, accused);

(B) plan and prepare for the interview/interrogation carefully;

(C) determine the functional and developmental level of the person to be interviewed;

(D) determine the various relationships of all parties involved in the alleged offense;

(E) determine if there are additional victims; witnesses, or suspects;

(F) review the existing evidence;

(G) protect the confidentiality of all parties involved in the offense;

(H) conduct all witness interviews/interrogations separately;

(I) avoid disclosure of case information to all parties involved in the alleged offense to prevent contamination of evidence;

(J) instruct all parties involved in the alleged offense to maintain confidentiality.

(2) Interview Interrogation of Suspect(s) - When conducting an interview/interrogation with the alleged suspect, the investigating official shall:

(A) establish rapport with the suspect;

(B) carefully select the setting for the interview/interrogation to ensure that the interview is conducted in privacy and free from distraction.

(C) determine if and when the suspect had access to victim,

(D) note the demeanor of suspect at the time of the interview,

(E) encourage suspect to relate the incident in their own words, noting any consistencies or inconsistencies in their statement.

(F) advise the suspect(s) of their constitutional rights and the nature of the investigation, when constitutionally required;

(G) consider and evaluate all new information and alternative explanations provided by the suspect;

(H) corroborate information already obtained through the investigation;

(I) document incriminating statements made by the suspect,

(3) Interview of Victim(s) - The child abuse victims shall be interviewed as follows:

(A) Minimize the number of interviews - Every effort shall be made to minimize the number of interviewers who interview a child victim and the number of interviews with the child victim. Prior to the interview, the interviewer shall consider contacting and consulting with other agencies, including but not limited to:

1. a specialized law enforcement child abuse investigative unit, if available,

2. child welfare services;

3. the licensing agency;

4. the prosecuting attorney;

(B) Sensitivity - The investigating official shall take care to be sensitive to the needs of the child, and shall use the following techniques:

1. take adequate time to establish trust and rapport with the child victim;

2. Provide a comfortable nonthreatening atmosphere for the child;

3. provide the child with emotional support by helping the child understand that the child is not alone, is not at fault, and is not in danger;

4. help the child identify a support person the child can talk with after the interview, if the child wishes;

5. carefully select the setting for the interview to ensure that it is conducted in privacy, free from distracting and intimidating influences.

6. use appropriate interview aids such as dolls, drawings, diagrams or models of the facility, or other similar aids;

7. establish the child's developmental level;

8. interview in age-appropriate language;

9. identify and accommodate any special handicaps the child may have;

10. be aware that the child may be blaming themself for the offense and address this problem when appropriate;

11. consider when and to whom the victim disclosed the incident;

12. be aware that the child may have been threatened and is fearful of disclosing information and address this fear when appropriate;

13. recognize when to discontinue the interview;

14. be aware of cultural differences;

15. tell the child the purpose of the interview, what to expect during the investigation, and be prepared to respond to the child's questions;

16. conclude the interview so that the victim feels free to recontact the investigator,

(C) Special Considerations - When conducting child victim interviews, the investigator shall:

1. allow the child to describe the incident in their own words;

2. establish and use the child's terminology and language for body parts and acts,

3. avoid using technical terminology,

4. avoid influencing the child's account of the alleged offense, e.g. by tone of voice, mannerisms, or words and gestures of encouragement;

5. remain unbiased and avoid being judgmental when discussing the alleged suspect;

6. establish time frame(s) (i.e. dates, days, holidays, birthdays, seasons) and jurisdiction(s) for all alleged offenses;

7. determine whether there are other possible victims,

8. avoid making promises or false reassurances; ensure that the suspect is not present during the interview of the child.

(D) Multiple Victims - To prevent contamination of evidence and to preserve witness credibility in cases involving multiple victims, the investigator shall use different interviewers, when possible, to interview the children.

(4) Witness interviews - When conducting interviews with witnesses to an alleged child abuse offense, the investigator shall:

(A) determine the sequence for witness interviews, interviewing key witnesses first;

(B) consider the developmental level of the witness;

(C) determine the source of the witness's knowledge of the alleged offense;

(D) determine if the witness could also be a victim;

(E) determine the witness's relationship to the victim and the suspect and consider motivation of the witness;

(F) avoid influencing the witness's account of the alleged offense;

(5) Parent Interviews shall be conducted as follows:

(A) When notifying parents of an investigation involving an out-of-home facility attended by their child, the investigator shall inform the parents about the investigation in such a way that the notification will not unduly alarm them and will not compromise the investigation.

(B) In child abuse investigations involving day-care facilities, investigators shall advise parents of the importance of:

1. maintaining confidentiality;

2. not questioning their child for details, but recording spontaneous statements made by their child;

3. not sharing information from their child's disclosure with other parents;

(C) Parents of a child who attended a suspect day-care facility shall be interviewed regarding:

1. dates and times the child attended the facility,

2. their observations of the facility's daily operational procedures;

3. any symptoms displayed by their child that might indicate abuse;

4. complaints the child made to them;

5. unexplained injuries or symptoms they may have observed;

6. names the child has been taught regarding body parts;

7. other facilities or persons who cared for the child;

8. any prior incidents of abuse the child may have experienced in another setting;

9. what the parent has told the child, if anything, about the allegations of abuse or the pending interview.

(6) Owner/director/administrator Interviews - The investigating official shall interview the owner/director/administrator in charge of the facility's operations. Where more than one person occupy these roles, all such persons shall be interviewed. The interviewer shall determine, assess, and obtain the following.

(A) owner/director/administrator's knowledge of the abuse and willingness to take protective action;

(B) owner/director/administrator's response to allegations of abuse and interview;

(C) appropriate records on the children and the suspect, i.e. enrollment, attendance, and employment records.

(f) Liaison With the Media - Unless otherwise required by law, in order to avoid compromising the confidentiality and integrity of the criminal investigation, the primary agency in charge of the investigating shall be the agency responsible for - issuing any information to the media. This shall be done through the agency's media spokesperson, not the involved investigators.

(g) Referral to Therapist

(1) When to Refer - The investigator shall refer victims and their families to qualified therapists under the following circumstances:

(A) if a child has disclosed serious abuse in an out of-home care facility,

(B) if a child was named by another victim as also having been victimized, but is not disclosing;

(C) if a child displays symptoms indicating possible abuse, but appears too timid or frightened to disclose abuse.

(2) Therapist Role - The role of the therapist shall be to evaluate, diagnose, and/or treat. A therapist shall not have any investigative responsibilities, and the therapeutic interview shall not replace an investigative interview by law enforcement. However, if the therapist obtains information about a new incident or victim of abuse, a child abuse report shall be made.

Cal. Code Regs. Tit. 11, § 930.61

1. New section filed 2-22-91; operative 3-24-91 (Register 91, No. 16).
2. Change without regulatory effect amending subsections (d)(5), (e)(2)(E)-(F), (e)(3)(B)3.-4., (e)(3)(B)10. and (e)(3)(C)1. filed 12-6-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 50).

Note: Authority cited: Sections 11174 and 11174.1, Penal Code. Reference: Sections 11164, 11166, 11166.1, 11166.2, 11166.3, 11167, 11167.5, 11168, 11169, 11170, 11171 and 11171.5, Penal Code.