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Applicable To: All employees |
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Approval Authority: Chief Richard J. Pennington |
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Signature: Signed by RJP |
Date Signed: 11/18/08 |
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The purpose of this policy is to provide guidelines for supervisors and investigators when dealing with victims that have been sexually assaulted; juveniles that are missing, abused and/or neglected; and child pornography, prostitution, and other child exploitation crimes via the Internet.
It is the policy of the Atlanta Police Department to thoroughly investigate and maintain complete and accurate records of all reports involving the abuse and neglect of juveniles; to maintain complete and accurate records of missing juveniles, to investigate, locate and return such juveniles to the appropriate guardian(s); to maintain complete and accurate records of sex related crimes, child pornography, child prostitution and child exploitation via the Internet; to investigate such crimes to a successful conclusion; and to apprehend and assist in the prosecution of such offenders.
3.1 The division commander will ensure that all employees under his/her command adhere to and comply with this policy.
3.2 The section commander will ensure that vital information is communicated between other section commanders.
3.3 The Unit commander develops and coordinates investigative strategies in conjunction with the watch supervisor.
3.4 The watch commanders will inspect investigative case files for completeness and accuracy.
3.5 The Special Victims Unit is comprised of the Sex Crimes Squad, the Crimes Against Children Squad, and the Child Exploitation and Online Protection Squad (CEOPS).
1. The Sex Crimes Squad will investigate sex related crimes committed against adults and conduct the initial investigation of sex related crimes committed against children if no investigator from the Child Exploitation and Online Protection Squad is available.
2. The Crimes Against Children Squad will investigate missing, abused and/or neglected juveniles. For abuse cases, the abuse must be by a family member, guardian, caretaker, or other person in a custodial position over the child.
3. The Child Exploitation and Online Protection Squad (CEOPS) will investigate sex related crimes committed against children, child pornography, child prostitution and child exploitation via the Internet.
4.1 Reporting / Initial Complaint Response
4.1.1 State law requires that instances or suspected instances of child abuse or neglect be reported by public and private officials such as physicians, dentists, school employees, clergymen and others. Officers will record and respond to all reports of child abuse, neglect and abandonment irrespective of the source or method of reporting.
4.1.2 A preliminary interview will be conducted with the reporting individual, when known, to determine the basis for the report, to include determination of such factors as:
1. The physical condition of the child;
2. A description of the abusive or neglectful behavior;
3. Evidence of parental disabilities such as alcoholism, drug abuse, mental illness or other factors that demonstrate or suggest their inability to care for the child;
4. Description of suspicious injuries or conditions;
5. The nature of any statements made by the child concerning parental maltreatment;
6. Any evidence of parental indifference or inattention to the child’s physical or emotional needs; and
7. The identification of the child, the location of the child and the identification of the primary caregiver or guardian. 4.1.3 When the source of the report cannot be identified and/or time is not of the essence, a report of the complaint will be made to the Department of Family and Children Services (DFACS) as prescribed by law. Where reasonable suspicion exists for further investigation, a coordinated investigative effort should be undertaken with DFACS.
4.1.4 Immediate action will be taken by officers when:
1. The complaint warrants arrest or criminal prosecution;
2. Child protective personnel are not available and time is of the essence;
3. The child is in danger and child protective personnel cannot enter the home;
4. The suspected perpetrator may flee;
5. Police presence is required to maintain order or to protect the safety of child protection officers;
6. When the child must be taken into protective custody against parental wishes; or
7. There is a potential for continued mistreatment to the child, due to the child’s inability to defend oneself and/or the parent/guardian is unavailable, unwilling or unable to save the child from harm.
4.1.5 The preferred means of removing a child from the home is by court order. However, in cases of abandonment, severe abuse or neglect and where the child is in imminent danger of death or serious bodily harm and time is of the essence, an officer acting in compliance with state law will remove the child from the home for purposes of protective custody. The assistance of a child welfare authority officer should be sought if available in a timely manner. Parental permission should also be sought but is not required in order to remove the child under emergency circumstances.
4.1.6 The Department of Family and Children Services (DFACS) will be notified and a court order for protective custody will be sought prior to the child’s removal in cases where protective custody is warranted and time permits.
4.2.1 Investigating complaints of child abuse generally require contact with several sources of information depending upon the nature of the complaint and the scope of abuse. In all but emergency situations, the following sources of information will generally be contacted prior to interviewing the family and/or the child.
1. An inquiry will be made to determine whether a court protective order is in force with regard to the child or other members of the family. A criminal history check will also be performed on the suspect.
2. Medical personnel, including family practitioners, emergency room staff and medical examiners, often acquire information that confirms or suggests abuse. Certain types of injuries are particularly characteristic of physical abuse and are most incriminating when they do not correlate with parental explanations of how they occurred. They include:
a. “pattern” injuries that may be linked to specific objects used in an attack such as hot irons, coat hangers, fingertip marks caused by tight gripping; straight, curved or curvilinear or jagged lesions indicating whipping; bite marks; and scald or peculiar burn marks;
b. injuries to specific body parts such as the genitals, buttocks or rectum as well as trauma to the torso, upper arms and thighs in the absence of other common injuries commonly suffered by children in play accidents such as skinned knees, elbows, and forehead;
c. signs of old injuries to various parts of the body in different stages of healing, particularly those that are not common to childhood;
d. bone fractures of small children and related injuries that are inconsistent with the child’s level of maturity and risk of injury such as spiral fractures (suggesting vigorous shaking), fractures to the rear and upper skull (suggesting blows to the head), Subdural hematomas without scalp contusions (suggesting violent shaking with resultant head whiplash), and fractures of long bones and joints that are suggestive of violent pulling, twisting or jerking of the extremities;
e. a history, pattern or extent of injury that does not correlate with the alleged cause of death or means of injury;
f. inordinate delay in seeking medical attention, evidence of administration of home remedies for relatively serious injuries, history of prior visits to different emergency rooms, frequent changes of physicians and prior diagnosis of “failure to thrive.”
3. Review family history for prior contact with DFACS.
4. Obtain information from extended family members, non-custodial parent and other principal caregiver(s) other than the parent(s) or legal guardians.
5. Obtain information concerning special needs the child/minor may have (e.g., developmental delays, retardation, physical handicap, language and/or hearing impairment etc.).
4.2.2 Social welfare officers may also provide considerable insight into situations of suspected child abuse as many abusive families have had prior contact with local support agencies. These agencies may provide information on family background, employment, economic and domestic stability and previous contacts with child protective service agencies.
4.2.3 School teachers may also provide some insight into cases of suspected child abuse through records of the child’s attendance, grades, demeanor, socialization, motivation and perceived emotional stability. Several behavioral indicators are suggestive of child abuse, including:
1. Recurrent injuries or complaints of parental physical mistreatment;
2. Marked changes in the child’s behavior or level of achievement;
3. Strong antagonisms toward authority;
4. Exaggerated reactions to being touched;
5. Withdrawals from peers or confrontational behavior; 6. Delinquent acts, running away from home or truancy; and
7. Refusals to dress for physical education or dressing inappropriately.
4.3 Indicators used in gathering information
4.3.1 Based on information generated in the background investigation, reasonable suspicion may exist to conduct an interview with the family and the child.
4.3.2 If there is reason to believe that charges may be filed against the parents or others, interviews will be conducted at the Atlanta Police Department and prior contact, when appropriate, will be made with the prosecutor’s office.
4.3.3 A child protective service officer should participate with the investigator in the interview, when appropriate.
4.3.4 The interview will be conducted in a non-accusatory, informal, fact-finding manner. Questions will be presented in an open-ended format to allow parents or others complete latitude in responding.
4.3.5 In determining whether to accept a parent’s explanation, officers will consider the following questions (Findings consistent with those in parentheses may indicate a greater likelihood of abuse).
1. Is it reasonable to believe that the child’s injuries were self-inflicted or accidental given the child’s maturity, manual dexterity and ability to walk or stand? (No)
2. Was the parent’s story consistent with other evidence? (No)
3. Do parents claim ignorance of critical details of the incident? (Yes)
4. Does the home appear to be clean and well maintained? (No)
5. Does the family live in a socially isolated environment without the support of neighbors, friends or family? (Yes)
6. Do the parents appear to support one another in a positive home environment? (No)
7. Does there appear to be frequent or ongoing crises in the family? (Yes)
8. Does the child in question appear to be regarded by the parent(s) in a negative light? (Yes)
9. Is there a history of unexplained injuries and/or symmetrical injuries inconsistent with the explanation given? (Yes)
10. Does the child appear healthy, cared for and appropriately interactive with the parent/guardian? (No)
4.3.6 Some parents may explain or excuse the incident as a legitimate attempt to discipline the child. However, in order to be reasonable and acceptable, the discipline should:
1. Be appropriate to the misbehavior involved but never involve serious bodily injury;
2. Be consistent with the child’s ability to understand its relevance to acts in question; and
3. Be administered with prudence and caution rather than recklessly, brutally or without sufficient regard for the child’s power of endurance.
4.4 Handling Victims of Physical Abuse or Neglect
4.4.1 Victims of abuse or neglect under the age of eighteen will be taken to Hughes Spalding Children’s Hospital for a medical examination. Victims may request to see a private physician of their choice. However, Hughes Spalding Children’s Hospital is the preferred medical facility.
4.4.2 Officers should be familiar with state statutes that define instances of child abuse, neglect and abandonment. (Georgia Code 15-11-94, 16-5-72, 19-7-5 and 19-15-1)
4.4.3 Officers should be familiar with the Fulton and Dekalb County Child Abuse Protocols for responding to and investigating allegations of child abuse and neglect.
4.5.1 Investigators conducting interviews with children in suspected child abuse cases will be trained in acceptable child interviewing techniques by a nationally recognized program (e.g., the American Professional Society on the Abuse of Children (APSAC), the National Child Advocacy Center (NCAC), the American Prosecutor’s Research Institute (APRI) or the National Institute of Child Health and Human Development (NICHD)). Investigators will be familiar with state law on interviewing children. Otherwise, a licensed professional will interview children at the Georgia Center for Children.
4.5.2 Additionally, investigators will be familiar with the following special issues that arise when conducting these interviews in cases of suspected child abuse:
1. Children should be interviewed separately from their parents.
2. Repeated interviews with the child will be avoided whenever possible. Joint interviews with the child protective worker or prosecutor, for example, may help minimize the trauma of these sessions.
3. Interviews of children will be videotaped (preferred) or audio taped, whenever possible. If video/audio recording is not possible, accurate and complete written records will be maintained to include the specific questions asked, responses given, and the observed behavioral reactions.
4. Avoid closed-ended questions whenever possible (e.g., questions that can be answered with a “yes” or “no” response or multiple-choice questions). Use open-ended questions and allow the child to respond to questions with as much spontaneous narrative as possible. If a closed-ended question is used, follow up with an opened-ended prompt.
5. Anatomically correct dolls will be used in accordance with acceptable
guidelines established by the APSAC or other qualified agency and only by
investigators specifically trained in the use of anatomical dolls. 6. The interview environment will be child friendly and non-threatening. Sit with the child rather than across a table. Conduct the interview in a casual and supportive manner without being overly solicitous.
7. Avoid potentially biasing behaviors and do not lead the child or suggest answers; do not probe or pressure the child for answers; and do not express concern, shock or disbelief in response to answers.
8. Reassure the child that he/she is not to blame and is not in trouble for what happened or for being asked questions.
9. When appropriate, a Forensic Interview should be conducted at the Georgia Center for Children.
10. A written statement is not necessary when a forensic interview is conducted.
4.6.1 Collecting physical evidence to document abuse is very important for prosecuting these cases. In this regard, officers will be aware of the following:
1. Photographs of injuries will be taken and preserved for evidentiary purposes. They may be taken by medical personnel or by a same-sex officer of APD. All injuries will be described in writing and diagrammed.
2. X-rays will be taken if appropriate, and any that have been taken will be collected and preserved.
3. Photographs of home conditions bearing on the child’s maltreatment will be taken.
4. Any instruments that were used in the physical attack will be identified and preserved as well as any clothing that bears evidence such as blood or semen stains.
5. Other items that have bearing on the abuse or neglect, such as guns, knives, drugs, poisons or related items in possession of the suspected perpetrator, will be identified and collected.
6. Location of evidence found will be notated (e.g., under table in master bedroom, etc.).
4.7 Investigations Involving Missing Juveniles
4.7.1 Levi’s Call (Amber Alert) (see also APD.SOP.3085 Missing Persons Policy)
4.7.2 Investigators will respond to the scene on all instances of children missing below the age of 13 and in instances where the child is missing under unusual circumstances. When arriving on the scene:
1. Obtain a briefing from officers at the scene.
2. Verify the accuracy of all descriptive information concerning the child, being alert to facts or statements that may conflict with those obtained by the first responder or supervisor.
3. Canvass the neighborhood as soon as possible to identify and interview residents and others within the missing/abduction area.
4. Obtain a general history of recent family dynamics from family members, neighbors, classmates, teachers, school counselors, and other persons who may have had close personal interaction with the child and/or family.
5. Conduct an in-depth fact-finding interview with all witnesses, friends and/or relatives of the missing child, teachers, classmates, or others who knew and/or routinely interacted with the child, placing particular emphasis on identifying any conflicting information offered by these or other individuals.
6. Review any records generated about the family or child from Central Records, the Department of Family and Children Services, other social service agencies, schools, and related organizations or agencies.
7. Reassess the need for additional resources and specialized services to include specialized search and rescue operations, state resources (e.g., state missing children clearinghouses), and federal agencies such as the FBI and the National Center for Missing and Exploited Children. The “A Child is Missing” (ACIM) program is also a valuable resource.
a. An ACIM Alert will generate telephone calls to local residents within fifteen (15) minutes of initiation by law enforcement.
b. When the decision to use ACIM has been made, the investigator will immediately call ACIM at 1-888-875-2246 (ACIM ) or page the operator at 1-954-492-4778.
c. Suggested calling times are from 7:00AM to 10:30PM. Calls can be placed after 10:30 PM (in all time zones) if extenuating circumstances exist and only with a supervisor’s approval.
d. The investigator will provide ACIM with the Communications Section phone number, (404)817-2382, and will also contact the Communications Section to make them aware that ACIM has been involved in the search for the juvenile.
e. If there is a confirmed sighting of the missing juvenile, the investigator will contact ACIM to update the location and any changes in appearance.
f. When the missing person is found, the investigator will call ACIM to report the recovery. A "Case Follow-Up Report" will be faxed to the investigator by ACIM. The investigator will fill out the report and fax it back to A Child Is Missing at (954-763-4569).
8. Update descriptive records and those entered into state and federal missing persons databases to include dental characteristics, scars, marks and tattoos, fingerprints, and additional articles of clothing, jewelry, or possessions not previously itemized, if the case is not resolved promptly.
a. Federal Law 42 U.S.C. 5780 states that within 60 days of entering a missing juvenile record into NCIC, agencies must verify and update the missing juvenile record with any additional information including, where available, medical and dental records.
b. If there are no medical or dental records, and if there is no additional information, a supplement report must be completed by the investigator.
9. Determine whether a polygraph examination or Computer Voice Stress Analyzer (CVSA) examination is warranted and request such an examination where indicated for parents, guardians, or other persons as appropriate.
10. Monitor media relations to include review of all agency releases to the media to ensure that information is not released that will compromise the investigation.
11. Provide the family with whatever support is possible and appropriate.
12. Create and distribute flyers that include a picture of the missing juvenile in all areas where citizens, other APD employees, and outside police agencies may assist in the recovery of a missing juvenile as soon as possible.
13. Search for children under 13 until located or until all leads have been exhausted.
4.7.3 Unusual Circumstances refers to a missing child who is sixteen years of age or younger, or whose disappearance involves circumstances that would cause a reasonable person to conclude that the child should be considered at risk. Those circumstances could include the child being:
1. Out of the zone of safety for his or her age and developmental stage;
2. Mentally incapacitated (e.g., developmentally disabled or emotionally disturbed);
3. Medically dependent (e.g., insulin dependent);
4. Drug involvement;
5. A potential victim of foul play or sexual exploitation;
6. In a life-threatening situation;
7. Reported to the police as missing after a delay on the part of the parents, guardians, or other responsible person;
8. Believed to be with adults or older juveniles who could endanger his or her welfare; and/or absent under circumstances inconsistent with established patterns of behavior.
4.7.4 Zone of Safety refers to the distance a child could travel from the location where last seen before he or she would most likely be at risk of injury or exploitation based on the child’s age, developmental stage, and related matters.
4.8.1 When an investigator secures an arrest warrant, the investigator will place one copy in the warrant file, one copy in the working file and give a copy to the secretary to place in the master file. A copy will also be given to the supervisor, who will log it on the Arrest Warrant Log (refer to APD.SOP.5010 “Criminal Investigations Division”).
4.8.2 The investigator must hand-deliver the original copy of the arrest warrant to the Identification Unit and complete the documents necessary to flag the suspect.
4.8.3 In addition, if the investigator does not have immediate custody of the suspect and the warrant is for a sexual offense, he or she will complete a Fugitive Package and deliver it to the Fugitive Unit. The Fugitive Unit will be responsible for serving the arrest warrant (refer to APD.SOP.5010 “Criminal Investigations Division”).
4.8.4 The investigator who secured the warrant must advise the watch supervisor of any change of status of the warrant. If the suspect was arrested but not booked through the Fulton County Jail, the investigator must remove the flag in the Identification Unit. The investigator must also notify the Fugitive Unit that the warrant has been served.
4.9 Recovery and/or Case Closure
4.9.1 An officer assigned to the recovery or return of a missing child will complete the following tasks, among his or her other responsibilities:
1. Verify the identity of the found child as the missing child while assessing the child’s safety and gathering available information about possible predators.
2. During the verification process, determine whether intervention services are needed to ensure that the child can safely remain in the home and ensure that arrangements are made for delivery of these services. These include but are not limited to mental health and/or physical health examinations and arrangements for family counseling.
3. Complete designated supplemental reports and cancel all outstanding notifications to include any NCIC Missing Person File entry and the state clearinghouse. Supplemental reports should describe the child’s activities while missing and the circumstances of the recovery/return. If the child is determined to be a runaway, the investigator will attempt to determine the reason(s) why the child ran away and include that information in the supplement.
4.10 Responding to DFACS reports
4.10.1 Investigators will respond to each DFACS (Department of Family and Children’s Services) report that is assigned to them. The investigator will go to the location where the child may be found and conduct a limited interview with the child (if possible), the reporting person, witnesses and parents to obtain sufficient information to make a determination of criminal conduct as well as for the child’s welfare and safety. If the investigator determines that there is reasonable suspicion that a crime has occurred, the investigator will complete an official APD Incident Report and continue the investigation.
4.11.1 The primary function of the Sex Crimes Squad is to investigate crimes committed involving the sexual assault of adults.
4.11.2 The function of the Child Exploitation and Online Protection Squad is to investigate crimes committed involving the sexual assault of children, including but not limited to:
1. the rape of a child under the age of 17 years. 2. the sexual molestion of a child under the age of 17 years.
3. the pimping or pandering of a child under the age of 18 years, where a victim has been identified.
4. any crime as outlined in the Georgia Criminal Code, §16-12-100 Sexual Exploitation of Children, §16-12-100.1 Electronically Furnishing Obscene Material to Minors and §16-12-100.2 Computer Pornography and Child Exploitation Prevention Act of 1999.
4.11.3 The School Detectives Unit will investigate all claims of sexual acts, except rape, occurring on school property or buses. The Special Victims Unit will handle the investigation of rapes occurring on school property or buses.
4.12.1 An important part of the investigation of sexual offenses committed against children is a Forensic Interview. Trained Forensic Interviewers conduct videotaped question and answer sessions with the children regarding what has happened to them. The investigator monitors the interview from an observation room and gives input to the interviewer. The videotaped interview is admissible in court as evidence. The interviewer retains the original tape and provides a copy to the investigator. The investigator will turn the videotape in to Property Control as evidence. The videotape may be reviewed and transcribed by the District Attorney’s Office at a later date.
4.12.2 Current practice is to utilize the Georgia Center for Child Advocacy for forensic interviews. Non-emergency interviews are typically scheduled in advance. Emergency interviews can be scheduled on an as needed basis by contacting the Program Manager and/or the Clinical Director. Non-emergency interviews should be completed within five working days of the request. Emergency interviews should be completed within 24 hours. Emergency interviews include child victims under the age of eight, the arrest of a suspect made prior to the interview, and an acute sexual assault that occurred within the last 72 hours. The center for Fulton County cases is located at 1485-B Woodland Ave SE, Atlanta, Georgia 30316. The phone number is (678) 904-2880. The center for Dekalb County cases is located at 202 Nelson Ferry Road, Decatur,Georgia 30030. The phone number is (404) 378-6100. The fax number is (404) 377-7005. Experienced APD investigators who are trained and certified to conduct Forensic Interviews may conduct the interviews themselves when proper facilities and equipment are available.
4.13.1 Female victims eighteen years and older will be taken to Grady Memorial Hospital, Red Zone. Female victims under the age of eighteen, of rape, aggravated sodomy and child molestation, will be taken to Hughes Spalding Children’s Hospital, first floor. Male victims under age 18 of aggravated sodomy and child molestation will be taken to Hughes Spalding Children’s Hospital, first floor. Male victims age 18 and older will be taken to the Red Zone at Grady Memorial Hospital. Victims may request to see a private physician; however, Grady Memorial Hospital and Hughes Spalding Children’s Hospital are preferred medical facilities. Investigators will exhibit sensitive treatment and render appropriate assistance to victims at all times. Investigators will proceed with their investigations with due regard for the victim's mental and medical condition.
4.13.2 During their initial contact with victims, investigators will make every effort to ascertain sufficient information for completion of the incident report. This may be done at the crime scene (some victims will be unable to immediately aid in the location of the crime scene, for medical or psychological reasons), at the hospital while victims are waiting to be examined, or after the examination is completed. Investigators will also make every reasonable attempt to locate the crime scene so that it may be processed immediately. Photographs will be taken of the victim by an Identification Technician to document injuries, torn or disheveled clothing, etc. If photographs of the victim are not needed for evidentiary reasons, a photograph of the victim will still be obtained for the file. The photograph could be useful in the event that the victim has to be located after a lengthy period has passed, the victim’s name has changed due to marriage or divorce, and/or a new investigator is assigned to the case. An Identification Technician can take a picture for this purpose or one may be taken with a digital or a Polaroid camera. An enlarged photocopy of a driver’s license or identification card is also acceptable.
4.13.3 Before the investigator leaves a victim, every reasonable effort will be made to obtain items of clothing, which may yield forensic evidence of contact between the suspect and the victim. Underclothing is particularly important as it may reveal the presence of seminal fluid or spermatozoa. It is not uncommon, however, for such evidence to be found on outer clothing. Torn and soiled clothing should also be held for evidence as it may be used to corroborate the use of force against the victim. Clothing on which suspected seminal stains or bloodstains are located should be carefully folded with the stain up to avoid contamination. Clothing should then be placed in evidence bags. Clothing or other items of evidence belonging to a suspect should not be placed in the same bag or container with evidence belonging to a victim, as contamination will result and the evidence will be of no use. A change of clothing may be obtained before going to the hospital, if the investigator meets a victim at home. Otherwise, clothing to be taken as evidence may be obtained when the victim is taken home. Victims must be advised not to bathe prior to the medical examination.
4.14.1 All evidence will be logged-in and bar-coded at Property Control. This includes Rape Kits and other items that will then be transported to the Crime Lab for analysis. Rape Kits should be logged on a separate sheet from other items. If a Rape Kit has been completed, the GBI will not accept other items (i.e.: clothing) for DNA analysis until and unless the examination of the Rape Kit reveals that there is no or there is insufficient male DNA present. The GBI Crime Lab will make exceptions in cases where there is an obviously better chance of recovering a suspect’s DNA from an item other than a Rape Kit, and such exceptions need to be approved by the GBI in advance.
4.14.2 Brown paper bags will be utilized when collecting clothing or other evidence that would tend to form moisture if placed in a plastic bag. The bag will be sealed with evidence tape, properly labeled and turned into Property Control. Under no circumstances is evidence to be maintained in the investigator’s office, desk, file cabinets or city vehicle.
4.15.1 Victims who may have been involuntarily drugged as part of the crime committed against them, or feel that they were too intoxicated to consent, will be asked to provide both a blood and urine sample for crime lab analysis. It is best to collect these samples at the earliest opportunity since many drugs are detectable for only a few hours after ingestion. The most common “date rape” drug, GHB, may be detected in the blood 4-6 hours and in the urine 6-8 hours after ingestion. Other drugs are detectable for a much longer period. Therefore, samples will still be obtained in cases of delayed reporting.
4.15.2 Blood samples taken for drug testing will be collected in glass tubes (with a gray stopper) provided by the medical facility. These tubes may be given to the investigator in a padded envelope, or they may not be packaged at all. In either case, the tubes will be placed into a property envelope. The envelope will be sealed with red evidence tape and taken to Property Control for bar coding and refrigeration. The blood must be refrigerated if not immediately transported to the Crime Lab.
4.15.3 Urine samples should be collected in the containers used by the medical facility, then sealed with red evidence tape. The urine should be handled in the same manner as blood (as described above).
4.16.1 Physicians at Grady Memorial Hospital and Hughes Spalding Children’s Hospital use rape evidence kits during the examination of rape victims. Kits are usually only completed if the sexual assault occurred 72 hours or less prior to the exam. There have been rare instances of DNA recovery in kits completed as late as 5 days after the assault, in situations with exceptional circumstances that allowed for the DNA to remain in or on the victim. The kits contain materials used for the collection of forensic evidence, which is later analyzed by the Georgia State Crime Laboratory. Because these kits are used for victims from all jurisdictions served by these hospitals, it is imperative that investigators advise the hospital staff members which jurisdiction should be indicated on the rape evidence kit. When the investigator transports a victim to Grady Memorial Hospital or Hughes Spalding Children’s Hospital for the examination, the nurse receiving the patient will be told that the victim was assaulted in the City of Atlanta, and that this is to be indicated on the rape evidence kit. The investigator will complete a GBI Evidence Submission Form, attach a copy of the incident report, and transport the kit and forms to the Georgia Crime Lab after logging in the kit at Property Control. The investigator will log the information in the GBI Evidence Submission Log Book in the Sex Crimes Squad Office.
4.16.2 Investigators accompanying rape victims to the hospital for a rape kit will remain with the victim until the kit is completed, if possible. This policy is in place because some victims will change their minds about waiting for the exam and leave the hospital, destroying the opportunity to obtain crucial DNA evidence. Although the investigator cannot force the victim to take the exam, the investigator will make every effort to persuade her to remain and take the exam. If the investigator must leave or it is the end of the investigator’s shift, another investigator will come to the hospital and personally relieve the original investigator.
4.16.3 If the investigator must leave the hospital prior to the exam and no other investigator is available to stand-by with the victim, the investigator must leave his/her immediate contact number or method of immediate contact with the social worker, victim advocate, nurse or other party that will be standing-by with the victim. The investigator will advise this person to contact him/her immediately if the victim decides against having the exam completed. If so notified, the investigator will make every effort to speak to the victim, by telephone if necessary, and reiterate the necessity of taking the exam before she leaves the hospital.
4.16.4 Upon completion of the rape kit, the investigator will enter the information in the GBI Evidence Submission Log Book in the Sex Crimes Squad office and will turn the rape kit in to the Property Control unit. If the rape kit is not complete and the investigator needs to leave the hospital, the investigator must leave his/her immediate contact number or method of immediate contact with the social worker, victim advocate, nurse or other party that will be standing-by with the victim. All rape kits will be turned into the Property Control unit and logged prior to the end of the investigator’s tour of duty.
4.16.5 Occasionally, a victim may be treated at a medical facility other than Grady Memorial Hospital or Hughes Spalding Children’s Hospital. If it is necessary for the rape kit to be completed at another facility, the investigator may have to supply the facility with the kit for the exam or may have to replace the one the facility uses. Investigators will have kits available for this reason.
4.16.6 After the kit has been analyzed by the Georgia State Crime Laboratory, a report will be available to the investigator via the GBI website. The GBI does not notify the investigator when the analysis is complete, unless a Combined DNA Index System (CODIS) match results. It is the investigator’s responsibility to check the GBI website at least once a week to determine if an analysis report is available. Once the report is available, the investigator will print it out and add it to the working file. A copy will be given to the secretary to place in the master file.
4.17.1 Buccal swabs are used to collect skin cells from victims and suspects for DNA comparison purposes. A swab is rubbed against the inside of the mouth cheek.
4.17.2 The investigator should obtain buccal swabs from the victim whenever a Rape Kit is obtained. If a suspect is known and consents, buccal swabs should be obtained from the suspect as well. Depending on the circumstances, a search warrant for the suspect’s skin cells may be necessary.
4.17.3 A Rape Kit analysis where semen is present will contain the DNA of the victim and of the suspect(s). In any sexual assault case involving suspect identification from DNA evidence, the GBI Crime Lab will require confirmatory DNA samples from the victim(s) and /or the suspect(s) whose DNA has been identified from the evidence submitted.
4.17.4 Buccal swabs will be turned in as evidence at the Property Control Unit and held there until needed by the GBI Crime Lab.
4.18 The Grady Rape Crisis Center
4.18.1 The Grady Rape Crisis Center is located in Grady Memorial Hospital. The telephone number is (404) 616-4861. The purpose of this Center is to aid rape victims emotionally and to provide a liaison between Grady hospital and the APD. The Rape Crisis Center has proven to be very beneficial in providing supportive services to victims, and providing a flow of information between Grady Memorial Hospital and the Atlanta Police Department’s Special Victims Unit. Counselors can assist Investigators by explaining hospital procedures and by obtaining medical reports to be turned over to the Special Victims Unit. The Rape Crisis Center cannot turn over medical reports if the victim refused to sign a form, which authorizes the release of such information. Investigators will obtain the victim’s signature on an Authorization to Release Medical Information form prior to leaving the victim, if possible. Rape Crisis Center counselors can also assist Investigators by encouraging victims to prosecute and by attending court with the victims.
4.18.2 The Atlanta Victim Assistance Inc. is located in the Atlanta Municipal Court Building at 150 Garnett St. SW, Atlanta, Georgia 30303 on the 3rd floor. The purpose of the Atlanta Victim Assistance Inc. is to assist victims of crime, attend court proceedings and provide supportive services to victims, police, courts, and the Rape Crisis Center. The telephone number is (404) 588-4740. An advocate is presently assigned to be on-site at City Hall East and is available weekdays from 0730-1630 hours. The advocate will follow-up with the victim the next working day for crimes occurring outside of these hours. Investigators may notify the Atlanta Victim Assistance Inc. advocate whenever a victim is at the hospital for initial treatment or is scheduled to appear in court during the advocate’s working hours, if appropriate.
4.18.3 Hospital personnel will notify the Rape Crisis Center to send a counselor to remain with the victim throughout the examination process. The presence of a counselor often makes the hospital experience easier for the victim.
4.18.4 Investigators will cooperate with personnel from the Rape Crisis Center. Good relations must be maintained between the Rape Crisis Center, the Atlanta Victim Assistance Inc. advocate and the Special Victims Unit. If a conflict arises between an investigator and a counselor, it will be reported to the commander of the Special Victims Unit for resolution. Investigators will avoid disagreements with counselors in the presence of a victim, as this may be very disturbing to the victim.
4.18.5 The victim is usually the most important witness in a sex crimes investigation. Many victims will be unable to participate extensively in an investigation until given time to recover emotionally from the experience of the crime. Investigators will make every effort to complete an investigation as soon as possible, but always with due regard for the medical and emotional condition of the victim. Investigators risk alienating victims to the point where they are unable or unwilling to continue cooperation with the investigation if the proper care and considerations are not shown to the victims. Before leaving a victim after the initial contact, investigators will make every effort to ensure that the victim is returned to a secure environment.
4.19.1 Sexual Assault Cases (Calls from Radio)
1. Respond to the scene;
2. Coordinate Crime Scene;
3. Call for the Identification Unit;
4. Obtain statements from witnesses;
5. Obtain statements from the outcry person;
6. Obtain statements from responding officers;
7. Collect evidence; and
8. Once the scene is under control respond to the hospital to interview the victim.
4.19.2 Responding to the Hospital
1. Collect the victim’s clothing;
2. Ensure that the rape kit is completed;
3. Obtain statements (victim, EMT’s, family, friends and whomever brought victim to the hospital);
4. Have victim or guardian (juvenile victims) to sign medical release forms;
5. Interview examining physician;
6. Complete original report;
7. Ensure that the lookout of the suspect is given out city wide if suspect is not in custody; and
8. Make arrest if appropriate (see APD.SOP.3030 “Arrest Procedures”).
4.19.3 Sexual Assault Cases (Assigned)
1. Contact victim and ensure that he/she has gone to Grady Memorial Hospital or Hughes Spalding Children’s Hospital;
2. Request the Identification Unit to process the crime scene, if one is known;
3. Obtain outcry statements;
4. Set appointment with Georgia Center for Children (juvenile victims);
5. Create a photographic line-up if the subject is not known by the victim;
6. Have the victim or guardian (juvenile victims) sign medical release form; and
7. If the crime occurred in Fulton County, consult with the Assistant District Attorney assigned to the Fulton County District Attorney’s Crimes Against Women and Children Unit (or, in his or her absence, the Complaint Room attorney) about developing a disposition for the case.
4.20.1 When investigating prostitution of children cases, an officer will:
1. Complete the original report if possible.
2. Obtain outcry statements. Develop suspect information (create line-up, description of suspect etc.).
3. Process crime scene if located (photographs, physical evidence) see APD.SOP.3081 “Crime Scene Investigations.”
4. Determine the status of the child (i.e.: runaway, missing).
5. Schedule an interview at the Georgia Center for Children if appropriate.
6 After the Georgia Center for Children interview, consult with a representative from the District Attorney's office to develop a disposition for the case.
7. If the determination is made that an arrest is appropriate, follow the Complaint Room procedures.
8. Create a Fugitive Package. 9. On child prostitution cases where the child is being detained by a zone unit or other detective unit, the responding investigator should speak to the child in a secure location, where the child is confident that he or she cannot be seen by his or her pimp.
10. Investigators will respond to the scene of a crime when requested, if possible. However, if the investigator is unable to respond at the time, or learns about the incident later on, the investigator will attempt to interview the child as soon as possible.
11. All cases are different to some degree and there are times when special considerations will arise. It should be understood that the child is the victim. The goal of the investigation is to identify and arrest those responsible for the exploitation of the child.
4.21 Child Internet Enticement
4.21.1 The investigator handling the initial Child Internet Enticement case will endeavor to obtain the following:
1. Originals or copies of any e-mails, Chat sessions, or photographs sent to the victim.
2. Screen names and user accounts of the victim, along with Internet Service Provider information, and account passwords.
3. Copies of all electronic correspondence, with full header information in cases of e-mail. Review material and determine if correspondences constitute harassment, child exploitation, and/or child pornography.
4. Information from complainant that constitute other forms of harassment, such as phone calls, mail or personal confrontations.
5. Consent to search forms for victims computer.
4.21.2 Only investigators who have received specialized training in the legal and privacy issues associated with conducting undercover investigations via the internet and the handling of digital evidence, are authorized to conduct on-line investigations.
4.22.1 Employees investigating cases of child pornography will use discretion and remain aware of the privacy issues of the victim when collecting physical evidence in child pornoography investigations. Collected evidence will be turned in to the Property Control Unit in a timely manner and care will be taken to insure that evidence is not left in plain view.
4.22.2 Digital media and evidence will be collected with the assistance of the Cyber Crimes Unit, unless the investigator has received specialized training in the collection and preservation for trial of digital media and evidence.
4.23.1 Investigators are encouraged to attend specialized training in order to enhance the investigative skills required to implement this policy.
4.23.2 Special Victims Unit training will take into consideration the policies of the Fulton County and Dekalb County District Attorney offices, and the policies of the Georgia Center for Child Advocacy.
4.24.1 Investigators will:
1. Maintain an accurate record of daily investigative activities on the Summary of Investigation Form, and/or supplementary offense report form;
2. Prepare complete working files;
3. Collate all facts relative to the investigation to ensure that logical conclusions will be drawn;
4. Present testimony in court;
5. Assist personnel of other APD divisions, sections and units when called upon, especially FOD (Field Operations Division) officers, with the investigation of cases for which they are responsible;
6. Make available to other members of the Special Victims Unit information, occurrences, and sources of information that might aid in other investigations;
7. Respond to subpoenas issued by authorities (Subpoenas for civil cases and character witnesses should be immediately brought to the attention of a supervisor);
8. Advise their immediate supervisor, or next higher authority, of matters of importance, unusual arrests or occurrences, or other conditions, which may require his/her attention; and
9. Complete the Form APD-334 “Investigator’s Assignment Record” – refer to and comply with APD.SOP.5010 “Criminal Investigations Division.”
4.25.1 The Secretary is responsible for the efficient and orderly operation of the files and filing of reports.
4.25.2 The Secretary will make master files for all incoming incident reports. The master file will be maintained in numerical order. Each master file document will be filed in chronological order. Each file will contain an index listing the documents contained in the file.
4.25.3 The Secretary will handle the phone, take messages and assist victims that come into the office. The Secretary will type incident reports, letters, supplements and other reports for the investigators and supervisors, if requested to do so.
4.25.4 The Secretary will type the suspect and witness statements while the investigator conducts the interview.
4.25.5 The Secretary will assist the Unit in any situation requiring clerical services.
4.25.6 When there is a shortage of typists, the Special Victims Unit secretary will assist other units in typing statements, supplements, warrants, etc., at the direction of the Special Victims Unit Supervisor.
5.1 Abandonment: Leaving a child alone or in the care of another under circumstances that demonstrate an intentional abdication of parental responsibility.
5.2 Child: A person under the age of 17 years of age.
5.3 Child Abuse: Any situation in which parents, guardians or other responsible adults have inflicted physical assaults upon a child, to include sexual abuse; when the child has been exploited for sexual purposes such as through prostitution or pornography; has been subjected to reckless endangerment that has or would likely cause physical harm; or, has been subjected to emotional assault such as close, sustained confinement.
5.4 Child Neglect: Any situation in which parents, guardians, or other responsible adults have failed to provide for the essential physical needs of the child to include food, clothing and shelter and that caused or would likely cause serious physical injury, sickness or disability; failure to provide essential medical care necessary to treat or prevent serious physical injury, illness or emotional disability; or failure to provide needed emotional nurturing and stimulation that has or could likely cause emotional injury over time.
5.5 CODIS: Combined DNA Index System – Nationwide database administered locally by the GBI. Repository for DNA profiles of certain known felons and for unknown suspects in crimes where DNA evidence was successfully collected and analyzed.
5.6 Failure to thrive: is a description applied to children whose current weight or rate of weight gain is significantly below that of other children of similar age and sex. It is important to determine whether the failure to thrive results from medical problems with the child or from psychosocial factors in the environment, such as abuse or neglect.
5.7 Rape: Any penetration of the female sex organ by the male sex organ. A person commits the offense of rape when he has carnal knowledge of a female forcibly and against her will; or a female who is less than ten years of age.
5.8 Sexual Assault: Includes rape and other forcible, non-consensual sex acts as defined by law, in relation to adult female and male victims. Investigating sexual assaults against juveniles include statutory rape, child molestation, aggravated child molestation and enticing a child for indecent purposes.
6. CANCELLATIONS
APD.SOP.5210 “Special Victims Unit”, dated July 1, 2005.
Federal Law 42 U.S.C. 5780 “National Child Search Assistance Act
Georgia Criminal Code, Title 5, Subsection 70, Cruelty to Children Georgia Criminal Code, Title 16, Chapter 6 Sexual Offenses. Georgia Criminal Code, Title 19, Chapter 15 Child Abuse.
APD.SOP.5010 “Criminal Investigations Division.” APD.SOP.3030 “Arrest Procedures.” APD.SOP.3085 “Missing Persons.” |
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