SJPD Memo

Question 1

What needs to be obtained prior to interviewing a child at school if child is possible victim of in home abuse? (Memo 2010 green v camreta)

Answer 1

1 must be met prior to interview

• parent consent
• obtain court order (call SAIU of Family violence for assistance)
• warrants
• exigency (include facts of threat to child)

Joint response must be notified prior to contact.

Question 2

When can a child be taken away from their home or parental custody with no warrants?

Answer 2

• Officer has probable cause to believe child is likely to experience great bodily harm or sexual abuse in the time warrant would be completed.
• for unattended child, above must be met and officer attempts contact with parent/guardian. Parents are located, CPS can take child.
• court order is needed if above is not completed.
• no exigency- must obtain search warrant, protective custody warrant, or other court order to enter child’s home to place child in protective custody away from parents/guardians.
  Get CPS/joint response involved!

Question 3

When can a person be 10-15 for 6M?

Answer 3

0600 hours- 2200 hours
- otherwise must be in public place and 10-15 for other charges

No night time endorsement is 7 am- 10 pm.

Question 4

Medical examinations for victims? Process of Victim is minor. DM L6007

Answer 4

• no matter what age of victim say NO consent; no SART will be done.

Minors.
- for J’s, investigator will get permission from the Sgt to transport V to a medical facility.

Parent/guardian consent is needed. Have parents sign medical consent form.
If not available, consent is implied but document in GO

If parent refuse consent, exam WILL NOT be performed. EXCEPTION is if parent is the Suspect and child is ward of state.

Document in GO for any of the above.