A
PROLOGUE
The purpose of this protocol is to ensure coordination and cooperation among all agencies
involved in the investigation and prosecution of child sexual assault cases in Santa Cruz
County. We believe that collaboration increases the efficiency and effectiveness of our
efforts and minimizes the stress to children and their families which is caused by these
events. Further, by working together we can ensure that more effective treatment is
available to victims and their families.
This protocol involves a multi disciplinary, coordinated systems approach to the
investigation, prosecution, and treatment of child sexual abuse cases. The agencies
involved include the following:
Santa Cruz Police Department, Santa Cruz Sheriff’s Department, UCSC Police
Department, Capitola Police Department, Scotts Valley Police Department, Watsonville
Police Department, Child Protective Services, Sexual Assault Nurse Examiners, Women’s
Crisis Support-Defensa de Mujeres, the District Attorney’s Office, and the District
Attorney’s Victim Services Unit.
Each of these organizations has a specific role to play to form a coordinated and
cooperative interdisciplinary response to an alleged sexual abuse. Not everv orqanization
will be involved in each case. The involvement of each agency depends on the nature of
the allegations and the particulars of each case.
The roles and functions of each agency are:
Child Protective Services (CPS)
The role of the Child Protective Agency is to investigate cases of alleged
intra-familial sexual abuse or cases involving someone in the care taking
capacity. The Social Worker is to ensure the child is in a safe environment
by taking appropriate action. The overall mission of CPS is to protect
children, and where possible, to assist families to stay safely together.
Law Enforcement
The role of Law Enforcement is to conduct criminal investigations concerning
crimes committed against children, and to evaluate child protection issues
in coordination with CPS. Law Enforcement is responsible for cross
reporting cases to CPS where it appears a child’s welfare may be at risk. If
possible, each law enforcement agency should designate at least one Child
Sexual Assault Investigator. The assigned officer should attend a P.O.S.T.
certified Child Sexual Abuse Investigation Training course.
Page 1
District Attornev’s Office
The District Attorney reviews cases, determines where prosecution is
warranted and seeks justice through vertical prosecution conducted by
specially trained assistant district attorneys. Successful prosecution of
offenders also deters sexual molestation of children.
District Attorney Victim Services staff provide support to the victim and his
or her family by coordinating services for the victim’s special needs, securing
state funds for counseling, and accompanying the victim and family members
to court.
Sexual Assault Nurse Examiners (S.A.N.E.1
The role of the S.A.N.E. is to provide a medical legal examination of the
victim. The S.A.N.E. collects and preserves evidence and, if needed,
testifies in court to any findings.
Women’s Crisis-Defensa de Muieres
The role of Women’s Crisis-Defensa de Mujeres is to provide support to the
victim and hidher family by advocating for them as they proceed through the
judicial process. The advocates also offer support during court testimony as
well as during sexual assault exams.
This protocol has been established for investigating those crimes as defined in section
220, 243.4, 261, 261 5 , 264.1, 269, 286, 288, 288a, 288.5, 289, and 647.6 of the
California Penal Code where the victim is 14 years of age or younger.
1.
NOTIFICATION PROCEDURE
Upon disclosure of child’s sexual abuse allegations the following organizations will
be notified when applicable.
A.
CHILD PROTECTIVE SERVICES AGENCY WILL:
1.
Report all cases to a local law enforcement
agency immediately.
2.
Assess the safety and well being of the children
within the household in a timely manner.
Page 2
n
B.
C.
LAW ENFORCEMENT WILL:
1.
Notify CPS as soon as practically possible
whenever the victim has been sexually abused
by a parent, immediate family member, any
person responsible for the child’s welfare, any
person residing in the same home, a boyfriend
or girlfriend of the child’s parent, a foster family
member.
2.
Notify the agency’s Child Sexual Abuse
Investigator in a timely manner. The designated
investigator will continue the investigation and
contact the District Attorney’s Victim Services,
where appropriate.
3.
Notify the District Attorney’s Office Child Sexual
Abuse Vertical prosecution unit, where
appropriate.
4.
Initiate 300 Welfare and Institutions Code
proceedings where appropriate.
SEXUAL ASSAULT NURSE EXAMINERS WILL:
1.
Obtain proper referral and authorization from the
investigative law enforcement agency.
2.
Contact an Advocate from Women’s Crisis
Support-Defensa
de
Mujeres,
where
appropriate.
3.
Conduct a medical legal examination for
evidence of sexual abuse following California
Protocol for the examination developed by the
Office of Criminal Justice Planning (hereinafter
O.C.J.P.)
4.
Evaluate and properly document findings on
O.C.J.P. form 923.
5.
Provide information and referral to appropriate
agencies.
Page 3
6.
D.
E.
F.
Provide testimony in court, if needed.
THE DISTRICT ATTORNEY CHILD SEXUAL ABUSE VERTICAL
PROSECUTION UNIT WILL:
1.
Confer on the course and direction of the
investigation.
2.
Evaluate and review the evidence to determine
if charges should be filed and, if so, what the
appropriate charges are.
3.
Prosecute the case vertically through the judicial
system.
DISTRICT ATTORNEY'S OFFICE VICTIM SERVICES WILL:
1.
Meet and provide support to victims and their
families by helping them fill out appropriate
applications for compensation.
2.
Refer the victim and their families to community
programs, including counseling for help with
specific problems related to the abuse.
3.
Guide the victims and their families through the
court process.
4.
Coordinate a victim impact statement with the
victim and his or her parents or guardian when
appropriate.
WOMEN'S CRISIS SUPPORT-DEFENSA DE MUJERES WILL:
1.
Be an advocate for the victim during the
investigative stage through the judicial process.
2.
Assist in obtaining a restraining order against
the defendant when appropriate.
Page 4
II.
Ill.
MULTI DISCIPLINARY PLANNING
A.
There should be multi disciplinary planning and coordination
in confirming investigations of child sexual abuse cases. Each
appropriate agency will be contacted and notified about a
pending cases. Not every organization will be involved in
every case.
B.
The lead investigator will usually be from the law enforcement
agency having jurisdiction over the case. If the agency does
not have anyone available or chooses to relinquish the
investigation, another agency may become the lead
investigator.
C.
When possible, it is recommended that the involved agency
representatives meet prior to the interview of the child to
exchange pertinent information and discuss the plan for the
interview.
D.
After the interview has been completed, the participating
agencies will maintain contact to determinethe course of the
investigation.
INVESTIGATION PROCEDURES
A.
INITIATION OF CHILD SEXUAL ABUSE INVESTIGATION
1.
The Child Abuse Reporting Law requires child protective agencies to
notify each other and the .District Attorney's Office immediately or as
soon as practically possible of any known or suspected instance of
child abuse, and to follow with a written report within 36 hours of
receipt of the allegation.
2.
A cooperative investigation by law enforcement and Child Protective
Services (CPS) is the most effective way to protect the child and
successfully prosecute child molesters. CPS and Law Enforcement
have both common and distinct responsibilities during the course of
an investigation of alleged child abuse. Their responsibilities will
include but are not limited to the following:
(a)
Child Protective Services
(1)
All calls received by CPS are screened using a
standardized screening procedure. If the report
indicates imminent harm to a child, a social worker will
initiate an immediate investigation. A child's disclosure,
or other evidence of sexual abuse by someone in the
Page 5
.
home or with access to the child will initiate an
immediate response. Non-emergency referrals are
responded to within 10 days.
(NOTE: Allegations of child abuse by an
employee of a school district reported to CPS
per Penal Code 11165.14 will be referred
directly to law enforcement for investigation.)
The social worker shall make recommendations to law
enforcement regarding protective custody issues. In
circumstances where a child is at imminent risk, the
child shall be removed from the home unless therisk
can be mitigated to prevent the need for removal. The
temporary arrest of the suspected abuser shall not be
the sole basis for determining that a child may remain
safely in the home.
(3)
When practical, CPS will participate in interviews with
children involved in intra-family cases of child sexual
abuse.
(4)
CPS will coordinate with law enforcement and the
District Attorney's child sexual assault unit in
subsequent investigations.
Law Enforcement
(1)
Law enforcement will investigate reports of child sexual
assault by conducting interviews and gathering
evidence to determine if a criminal act occurred. All
other children in the home as well as the non-offending
parent should be interviewed to determine if they are at
risk, or knew about the abuse that was occurring.
(2)
Law enforcement will make arrests, prepare search
warrants, and gathers evidence that might be used in
subsequent prosecution by the District Attorney.
(3)
Law enforcement will consult with CPS regarding
recommendations for protective custody.
(4)
Law enforcement will coordinate with CPS and the
District Attorney's child sexual assault unit in
subsequent investigations.
(5)
A protective order should be issued enjoining the
Page 6
suspect to stay out of the home and away from the
victim if that will help ensure the non-offending parent's
ability to protect the victim.
(6)
The Sexual Assault Nurse Examiners (SANE) should be
contacted by law enforcement to determine if an
examination should be scheduled and to coordinate
with Women's Crisis-Defensa de Mujeres so an
advocate can be present.
(7)
Law enforcement will prepare written reports
documenting protective custody, any interviews
conducted, and follow up investigative activity
connected with a case.
Under no circumstances will CPS or law enforcement leave the victim and the suspect
together in the home if there is reasonable suspicion to proceed with an investigation. The
child's need for protection is paramount.
When the suspect is a member of the victim's family, initial detention petition to Juvenile
Court must be filed bv CPS within 48 hours and the hearinq must take place shortlv
theater. Determining whether the minor may safely return home with CPS supervision of
the family is determined by the Court. The ability and willingness of the non-offending
parent to protect the child and the continued absence from the home of the suspect are
key determinants.
B.
INTERVIEWING THE VICTIM
The following are general guidelines for interviewing the child victim.
1.
CPS, law enforcement and the child sexual assault prosecutor will
establish collaboration from the beginning of an investigation.
Decisions about who should take the lead in interviewing alleged
child victims and how best to approach a joint interview should take
into account who has established rapport with the interviewee and
who has the expertise needed to be most effective in the interviewing
process. When possible, CPS, law enforcement and the child sexual
assault prosecutor should be present at interviews to avoid
duplication of effort. In instances where protective custody is being
considered, law enforcement and CPS should consult with one
another and discuss the merits of protective custody.
'
2.
When possible, interviews should occur in a neutral or nonthreatening setting. The Sheriff's office child interview room, the
WatsonviIIe Police Department child interview room, the Santa Cruz
police department child interview room, or the District Attorney's
Office witness waiting room are suitable spots. A safe comfortable
Page 7
place outside, the vision or presence of parents or caretakers is
preferable.
These interviews should NEVER be done in the
presence of the suspect. Interviews should only be done during the
child's normal waking hours.
C.
3.
When possible, the interview with the child should be tape recorded
and/or videotaped. The above listed rooms, with the exception of the
District Attorney's Office, have the ability to do both.
4.
Non-leading questions should be asked and a supportive but neutral
attitude maintained.
5.
Persons allowed inside the interview room should be limited to those
persons necessary, the victim, and the victim advocate.
6.
The interview should include an assessment of the child's immediate
safety. Determine if the child's non-involved caretaker is willing and
able to protect the child from the alleged perpetrator or related harm.
7.
Minimize interruptions during the actual victim interview. At the end
of the interview the interviewer can contact the observing members.
At that point they can ask the interviewer to ask the victim any
additional questions.
8.
Keep the number of interviews to a minimum during the investigative
process. Avoid duplication of interviews. Subsequent interviews
should be done only when necessary and, if possible, should be done
by the same personnel. It is very important that any agency with a
need to interview the child victim be present at the initial interview.
If this is not possible, the absent agency should rely on the
investigation report and/or the videotape.
9.
Upon the completion of the child victim interview, the agency
members who normally prepare a written report should prepare one
based on the statement and the demeanor of the victim.
10.
Upon the completion of the child victim interview, the lead agency
should contact the Sexual Assault Nurse Examiners to schedule a
medical legal exam.
MEDICAL EVALUATION
When appropriate, alleged victims of child sexual assault should receive a complete
medical legal examination by the S.A.N.E.
1.
Procedure for the medical evaluations:
Page 8
D.
(a)
If possible, all child sexual assault exams will be conducted at
Dominican Hospital or Watsonville Hospital.
(b)
The physical exam should be explained to the child in detail
using appropriate demonstration tools. The non-offending
parenucaretaker should be present during the examination if
the child desires.
(c)
Any statements of the child to the S.A.N.E. should be
documented in the O.C.J.P. form 925.
(d)
A forensic evidence kit is to be considered in all cases. The
evidence collected shall be turned over to a law enforcement
officer who will secure it within their department.
DOCUMENTATION
1.
The following documents may be part of the Police Investigative file:
(a)
Inventory forms covering physical evidence obtained from:
(1)
(2)
(3)
(4)
(b)
Inventory forms covering photographs of:
(1)
(2)
(3)
(4)
(5)
(c)
Victim
Offender
Scene
Evidence
Other
Inventory forms covering videotapes and audiotapes of
interviews with:
(1)
(2)
(3)
(d)
Victim
Offender
Scene
Other
Victim
Offender
Other
Inventory forms covering release forms for:
(1)
(2)
(3)
Medical records
Psychological records
School records
Page 9
(e)
Inventory forms covering other police reports:
(1)
2.
IV.
reports of 1101(b) and 1108 evidence
A complete investigative report with all statements by victims,
witnesses, and suspects.
COURT PROCEDURES
In all prosecutions of child sexual assault cases, the best interest of the child victim needs
to be considered from the point the case enters the court system through its disposition.
A.
PROSECUTION CONSIDERATIONS
1.
The- prosecutor should determine if there are
proceedings pending or about to be filed in any
other court (i.e. criminal, juvenile, or domestic)
and coordinate prosecution efforts.
2.
The prosecutor, with the help of victim services,
should keep the victim's family, caretakers, and
/or victim advocate informed of all critical stages
of the court proceedings.
3.
The prosecutor should act on behalf of the victim
for court orders for protection, HIV testing, and
any other orders that are appropriate.
4.
The prosecutor shall always argue against
release on the defendant's own recognizance.
Bail hearings should include no contact orders
when appropriate.
5.
The decision to use the Grand Jury or a
preliminary hearing should be made on a case
by case basis.
6.
If a preliminary hearing is held, the investigating
officer should testify on behalf of the victim
pursuant to proposition 115, when appropriate.
7.
The length of time between charging and the
onset of trial should be short to consider the
best interest of the child.
Page 10
B.
C.
PREPARATION OF THE CHILD VICTIM FOR COURT
1.
The prosecutor will meet with the child victim prior to the onset of trial.
The child should be oriented to a courtroom prior to the onset of trial.
2.
The prosecutor should meet with the victims family, caretakers,
and/or victim advocate when possible, prior to trial.
3.
The child victim will be made aware of what will take place while
he/she is in the courtroom on the witness stand.
4.
The child victim should be made aware of the difference between a
court trial and a jury trial, the fact that the judge wears a long black
robe in court, that the judge may ask the child victim age appropriate
competency questions to assure the child victim knows the difference
between telling the truth and telling a lie. The child victim should also
be told to stop talking when there is an objection raised to a question
asked of them.
5.
The child victim should be asked about statements that he/she made
to other witnesses and made aware that questions may be asked
about these statements in court.
6.
The child victim should be shown any demonstrative aides or exhibits
that will be used during hidher testimony.
7.
The child victim should be made aware that both the prosecutor and
the defendant's attorney will be asking him/her questions in court.
8.
The child victim should be made aware that the defendant will be in
the courtroom during hidher testimony and the child victim will be
asked to identify the defendant in court.
TRIAL CONSIDERATIONS
1.
The courtroom should be equipped with a sound system and chair
which can be adjusted for a child victim.
2.
Under some circumstances, during a child victim's testimony, the
judge may clear the courtroom of all persons who do not have a direct
interest in the case, except the media. Closed Circuit Television can
also be used in some cases.
3.
Age-appropriate considerations should be addressed regarding the
child victim's testimony:
(a)
The time of day the child victim is called to the witness stand.
Page 11
4.
(b)
The length of time the child victim testify's.
(c)
The need for breaks.
(d)
The placement of the defendant away from the witness stand.
(e)
A support person for the child victim in the audience or at the
witness stand.
Questions should be age appropriate:
(a)
Compound or confusing questions should be avoided.
(b)
Language beyond the child victim's development level should
be avoided.
(c)
Normal tones of voice should be used.
5.
Determinations of competency should be made immediately prior to
any testimony.
6.
Statements to medical personnel may be used at trial under evidence
code exceptions. Make motions in limine prior to trial to get these
statements in.
7.
Testimony regarding post traumatic stress syndrome or child sexual
assault accommodation syndrome may be presented at trial through
an expert witness. This is also a motion in limine that should be filed
and decided prior to trial.
D. Sentencing Considerations
1.
When the case is disposed of by plea or by trial
and the child victim is in need of counseling as
a result of the offense, the offender shall pay for
the counseling if the court determines that the
defendant has the ability to pay.
2.
If after plea or trial, the defendant is placed on
probation, a period of treatment for the offender
should be a condition of that probation. Other
required or requested conditions of probation:
(a)
No contact with the victim until recommended by the victim and
the defendant's therapist should be ordered.
Page 12
No unsupervised contact with any minors shall be permitted..
The offender should not be ordered to engage in any activities
involving minors or be in places where minors are likely to be.
The offender must complete all aspects of treatment as
required by the treatment agency and or probation.
The offender shall register as a sex offender pursuant to
Penal Code Sections 290 and 296.
The offender should not be allowed to drink alcohol or be in
places where alcohol is the chief item for sale if alcohol was
involved in the underlying offense.
CONCLUSION
Historically, the successful investigation and prosecution of child sexual assault cases has
been through cooperation among all involved agencies. This approach has been proven
to lessen the stress on the child victim and increase the positive participation of the family
members who support the child victim. Santa Cruz County works toward creating a
cohesive partnership with all involved agencies in the continued protection of children in
the community.
Page 13
SANTA CRUZ COUNTY DISTRICT ATTORNEY'S OFFICE
CHILD ABUSE VERTICAL PROSECUTION
CASELOAD POLICY
A.
Purpose:
The purpose of this policy is to specify appropriate caseload levels for the
Child Abuse Vertical Prosecution (CAVP) Unit. It is written in compliance
with Office of Criminal Justice Planning (OCJP) CAVP program Guidelines.
(Section I, B, 5a, 3) (page 6).
B.
Effective Date:
This policy is effective throughout the duration of the CAVP grant funded
program.
C.
Application:
This policy applies to Assistant District Attorney's, Inspectors and o t h e r
staff employed by the Santa Cruz County District Attorney's Office.
D.
Policv:
1.
Caseload levels for CAVP Prosecutors and Inspectors
Cases assigned to CAVP prosecutors and Inspectors shall not
at any time exceed one-third the average number of active
cases assigned to the attorneys and inspectors who are not
assigned to special reduced caseload units.
2.
Child Abuse Cases Not Selected for CAVP Handlinq
Child abuse cases which do not require as much specialized
knowledge and handling as other cases may be assigned to
non-CAVP attorneys. Factors which may be considered,
among others, are potential trauma, age of victim and the
nature of the molest.
3.
Back-up Procedures for CAVP Personnel
a.
CAVP Prosecutor In the event a CAVP
prosecutor is not available, the designated
CAVP program back-up shall be an Assistant
District Attorney with specialized experience and
training in the area of child abuse prosecution.
Page 14
Such back-up assignments shall continue
throughout the pendency of the assigned cases.
b.
CAVP Inspector In the event a CAVP Inspector
is not available, an inspector with specialized
experience and training in the area of child
abuse prosecution shall be assigned to the case
where such experience is required.
d f H R Y N dANLIS
DISTRICT ATTORNEY
Page 15
SANTA CRUZ COUNTY DISTRICT ATTORNEY'S OFFICE
CAVP STAFF ROTATION POLICY
A.
Purpose:
The purpose of this policy is to specify appropriate staff rotation periods for
the CAVP Unit. It is written in compliance with OCJP CAVP Program
Guidelines, Section I,B, 5a, 2), (c) (page 5).
B.
Effective Date:
This policy is effective throughout the duration of the CAVP grant-funded
program.
C.
Application:
This policy applies to Assistant District Attorney's, Inspectors, and other staff
employed by the Santa Cruz County District Attorney's Office.
D.
Policv:
1.
Duration of Assianment
To assure the stability of the CAVP program, consistent handling of CAVP
cases, and the cultivation of expertise in both the investigation and
prosecution of child abuse cases, staff assignments to the CAVP-Unit shall
be for a minimum of twelve months. When feasible, and upon the discretion
of the District Attorney, staff assignments to the CAVP Unit may extend for
thirty-six months.
2.
Rotational Policv
In order to promote case continuity and consistent handling, the assignment
of attorneys and investigators shall, whenever possible, be for staggered
terms in order to allow overlap.
Page 16
3.
Exceptions
Assianments
to the CAVP Unit may, at the discretion of the District Attorney,
"
be shortened whenever such action is consistent with the programs overall
objectives or in response to exceptional circumstances that were unforseen
at the time of assignment.
DISTRICT ATTORNEY
Page 17
ACKNOWLEDGMENT AND SIGNATURES,
11P
, 2001, the undersigned hereby acknowledge
Effective this
day of , h ” L L &
and approve the Protocol for Childkexual Abuse Cases in the County of Santa Cruz.
Revisions to this protocol will require a new acknowledgment and signature page.
2
-
’/36dd
STEVE BELCHER, CHIEF
SANTO CRUZ POLICE DEPARTMENT
chw
STMEN
WA
SCOTTS VALLEY POLICE DEPARTMENT
ACTING CHIEF
CAPITOLA POLICE DEPARTMENT
\
MARK TRACY, SHERIFF
DEPARTMENT
UCSC POLICE DEPARTMENT
Page 17
"
Capitola Police Department and VictimWitness Assistance Center
Operational Agreement
FY 2001 - 2002
This Operational Agreement stands as evidence that the Capitola Police Department and the
Santa Cruz County District Attorney's Ofice, VictirnNitness Assistance Center intend to
work together toward the mutual goal of providing the maximum available assistance for violent
crime victims in Santa Cruz County. Both agencies believe that the implementation of this
Operational Agreement will fbrther this goal. Therefore, each agency agrees to participate by coordinating services to crime victims and their families.
The V i c t i f l i t n e s s Assistance Center will closely co-ordinate the following services with the
Capitola Police Department on all cases involving violent crime including driving under the
influence with injury or death to a person other than the driver and hit and run with injury or
death:
b
Training to officers in victims' rights and resources.
b
Provision of sensitive direct services to violent crime.victims and their families including
criminal justice advocacy, court support and accompaniment, resource and referral
counseling, criminal case information and crisis intervention.
Cooperation with the exchange of information including referrals of copies of police
reports.
Assistance with claims for reimbursement of crime related expenses from the State
Victims of Crime Program
Cross-training as needed.
b
b
b
These services shall be monitored by on-going case management and staff supervision, client
follow-up and inter-agency training and meetings necessary to maintain sensitive and quality
service to the crime victims of Santa Cruz County.
We, the undersigned, as authorized representatives of the Capitola Police Department and the
Santa Cruz County District Attorney's Ofice, Victim/Witness Assistance Center, do hereby
approve this document.
ate
Sylvia L. Nieto, Program Manager
Roger Williams, Interim Chief
Type Name and Title
Type Name and Title
Victim Witness Assistance Center
Capitola Police Department
OfficdOperational Agreement Capitola PD
n
Santa Cruz County sheriff's Office and Victim/Witn,js Assistance Center
Operational Agreement
FY 2001-2002
This Operational Agreement stands as evidence that the Santa Cruz County Sheriffs Ofice
and the Santa Cruz County District Attorney's Office, Victim/Witness Assistance Center
intend to work together toward the mutual goal of providing the maximum available assistance for
violent crime victims in Santa Cruz County. Both agencies believe that the implementation of this
Operational Agreement will hrther this goal. Therefore, each agency agrees to participate by coordinating services to crime victims and their families.
The VictimNitness Assistance Center will closely co-ordinate the following services with the
Santa Cruz County Sheriffs Office on all cases involving violent crime including driving under the
influence with injury or death to a person other than the driver, vehicular manslaughter and hit and
run with injury or death:
b
b
b
b
b
b
b
Training to officers in victims' rights and resources.
Provision of sensitive direct services to violent crime victims and their families all services
mandated by Penal Code Section 13835.5 including criminal justice advocacy, court
support and accompaniment, resource and referral counseling, criminal case information
and crisis intervention.
Cooperation with the exchange of information including referrals of copies of Sheriffs
reports.
Assistance with claims for reimbursement of crime related expenses from the State
Victims of Crime Program
Employer Notification upon request of the victim.
Cross-training as needed.
Exchange of information, client referral and case follow-up for the Sexual Assault
Response Team.
These services shall be monitored by on-going case management and staff supervision, client
follow-up and inter-agency training and meetings necessary to maintain sensitive and quality
service to the crime victims of Santa Cruz County.
We, the undersigned, as authorized representatives of the Santa Cruz County Sheriffs Office and
the Santa Cruz County District Attorney's Office, VictimNitness Assistance Center, do hereby
Sylvia L. Nieto, Program Manager
Mark Tracy, Santa Cruz County Sheriff
Victim Witness Assistance Center
Santa Cruz County Sheriffs Ofice
OflicdOperational Agreement SCC ShenR's Office
Women’s CriskB Support and VictimWitness Asarstance Center
Operational Agreement
FY 2001-2002
This Operational Agreement stands as evidence that Women’s Crisis Support (WCS) and
VictimNVitness Assistance Center (VNVAC) intend to work together toward the mutual goal
of providing maximum available assistance for sexual assault crime victims residing in Santa Cruz
County. Both agencies believe that implementation by Women’s Crisis Support of the Sexual
Assault Victim Services & Prevention Program grant and the Multi-Disciplinary Sexual Assault
Response Team Advocate grant will hrther this goal.
To this end, both agencies agree to participate in the program by coordinating/providing the
following services:
b
b
b
WCS project staff will be available to VfWAC for phone and in-person crisis intervention
to rape survivors through our 24-hour crisis line and in-person advocacy response system.
Specifically, WCS project staff will provide:
a.
Crisis intervention counseling, information and referrals.
b.
On-call Advocates available for accompaniment and advocacy at the hospital or
with law enforcement on a 24-hour basis. This includes participation in the Sexual
Assault Response Team.
c.
Accompaniment to criminal justice system-related appointments and appearances.
d.
Safe shelter for women and their children at a confidential location.
e.
TRO preparation assistance and court accompaniment.
f.
Drop-in peer group and individual counseling at the WCS office.
g.
Training on sexual assault-related issues and WCS services, as requested.
On an annual basis, WCS will initiate a meeting with representatives of V/WAC staff to
discuss strategies, time tables, and implementation of mandated services.
V/WAC will biannually train WCS volunteers and staff about V N A C procedures and
services as they relate to sexual assault victims.
We, the undersigned, as authorized representatives of Women’s Crisis Support and
VictimiWitness Assistance Center, do hereby approve this document.
Date
Signature
7-1I-O
Date
Sylvia L. Nieto, Program Manager
Celia Organista, Executive Director
Type Name and Title
Type Name and Title
VictidWitness Assistance Center
Women’s Crisis Support
OfficeiOperationalAgreement WCS
’
.
-
1
1
Santa Cruz PollL~Department and VictirnNitnes;, Assistance Center
Operational Agreement
FY 2001-2002
This Operational Agreement stands as evidence that the Santa Cruz Police Department and the
Santa Cruz County District Attorney’s Office, Victim/Witness Assistance Center intend to
work together toward the mutual goal of providing the maximum available assistance for violent
crime victims in Santa Cruz County. Both agencies believe that the implementation of this
Operational Agreement will fbrther this goal. Therefore, each agency agrees to participate by coordinating services to crime victims and their families.
The VictitdWitness Assistance Center will closely co-ordinate the following services with the
Santa Cruz Police Department on all cases involving violent crime including driving under the
influence with injury or death to a person other than the driver, vehicular manslaughter and hit
and run with injury.or death:
b
b
b
b
b
b
Training to officers in victims’ rights and resources.
Provision of sensitive direct services to violent crime victims and their families including
criminal justice advocacy, court support and accompaniment, resource and referral
counseling, criminal case information and crisis intervention.
Co-ordinate services with the Santa Cruz Police Department’s Domestic Violence/Juvenile
Victim Advocate, Julie Schneider.
Cooperation with the exchange of information including referrals of copies of police
reports.
Assistance with claims for reimbursement of crime related expenses from the State
Victims of Crime Program
Cross-training as needed.
These services shall be monitored by on-going case management and staff supervision, client
follow-up and inter-agency training and meetings necessary to maintain sensitive and quality
service to the crime victims of Santa Cruz County.
We, the undersigned, as authorized representatives of the Santa Cruz Police Department and the
Santa Cruz County District Attorney’s Office, V i c t i d i t n e s s Assistance Center, do hereby
approve this document.
.
J
C
d
F
kc&
7-5 -01
Signature
Sylvia L. Nieto, Program Manager
Steve Belcher, Chief
Date
.
&Tdc 4d4k
Type Name and Title
Type Name and Title
Victim Witness Assistance Center
Santa Cruz Police Department
OfficdOperahonaIAgreement Santa Cruz PD
.
h
.
Watsonville Police
,partment and Victim/Witness L. istance Center
Operational Agreement
FY 2001 - 2002
This Operational Agreement stands as evidence that the Watsonville Police Department and the
Santa Cruz County District Attorney’s Ofice, VictimWitness Assistance Center intend to
work together toward the mutual goal of providing the maximum available assistance for violent
crime victims in Santa Cruz County. Both agencies believe that the implementation of this
Operational Agreement will hrther this goal. Therefore, each agency agrees to participate by coordinating services to crime victims and their families.
The Victim/Witness Assistance Center will closely co-ordinate the following services with the
Watsonville Police Department on all cases involving violent crime including driving under the
influence with injury or death to a person other than the driver, vehicular manslaughter and hit and
run with injury or death:
b
b
b
b
b
.
Training to officers in victims’ rights and resources.
Provision of sensitive direct services to violent crime victims and their families including
criminal justice advocacy, court support and accompaniment, resource and referral
counseling, criminal case information and crisis intervention.
Cooperation with the exchange of information including referrals of copies of police
reports.
Assistance with claims for reimbursement of crime related expenses from the State
Victims of Crime Program
Cross-training as needed.
These services shall be monitored by on-going case management and staff supervision, client
follow-up and inter-agency training and meetings necessary to maintain sensitive and quality
service to the crime victims of Santa Cruz County.
We, the undersigned, as authorized representatives of the Watsonville Police Department and the
Santa Cruz County District Attorney’s Office, VictirdWitness Assistance Center, do hereby
approve this document.
7-04 -0 I
Date
Sylvia L. Nieto, Program Manager
Terry Medina, Chief
Type Name and Title
Type Name and Title
Victim Witness Assistance Center
Watsonville Police DeDartment
-
Santa Cruz County €i ,hway Patrol and VictimlWitner
Operational Agreement
FY 2001-2002
-.
issistance Center
This Operational Agreement stands as evidence that the Santa Cruz Highway Patrol and the
Santa Cruz County District Attorney’s Office, Victimmitness Assistance Center intend to
work together towards the mutual goal of providing the maximum available assistance for violent
crime victims in Santa Cruz County. Both agencies believe that the implementation of this
Operational Agreement will firther this goal. Therefore, each agency agrees to participate by coordinating services to crime victims and their families.
The Victim/Witness Assistance Center will closely co-ordinate the following services with the
Santa Cruz Highway Patrol on all cases involving violent crime including driving under the
influence with injury or death to a person other than the driver, vehicular manslaughter and hit
and run with injury or death:
b
b
b
b
b
Training to officers in victims’ rights and resources.
Provision of sensitive direct services to violent crime victims and their families including
criminal justice advocacy, court support and accompaniment, resource and referral
counseling, criminal case information and crisis intervention.
Cooperation with the exchange of information including referrals of copies of police
reports.
Assistance with claims for reimbursement of crime related expenses from the State
Victims of Crime Program
Cross-training as needed.
These services shall be monitored by on-going case management and staff supervision, client
follow-up and inter-agency training and meetings necessary to maintain sensitive and quality
service to the crime victims of Santa Cruz County.
We, the undersigned, as authorized representatives of the Santa Cruz County Highway Patrol and
the Santa Cruz County District Attorney’s Oflice, V i c t i f l i t n e s s Assistance Center, do hereby
approve this document.
Sylvia L. Nieto, Program Manager
Dave Stuflick, Commander
Type Name and Title
Type Name and Title
Victim Witness Assistance Center
Santa Cruz County Highway Patrol
OfficeiOperahond Agrement SC CHP
.
.
.
UCSC Police Department and Victimmitness Assistance Center
Operational Agreement
FY 2001 - 2002
This Operational Agreement stands as evidence that the University of California, Santa Cruz
(UCSC) Police Department and the Santa Cruz County District Attorney’s Office,
VictimNitness Assistance Center intend to work together toward the mutual goal of providing
the maximum available assistance for violent crime victims in Santa Cruz County. Both agencies
believe that the implementation of this Operational Agreement will hrther this goal. Therefore,
each agency agrees to participate by co-ordinating services to crime victims and their families.
The VictimNitness Assistance Center will closely co-ordinate the following services with the
UCSC Police Department on all cases involving violent crime including driving under the
influence with injury or death to a person other than the driver and hit and run with injury or
death:
b
b
b
b
b
Training to officers in victims’ rights and resources.
Provision of sensitive direct services to violent crime victims and their families including
criminal justice advocacy, court support and accompaniment, resource and referral
counseling, criminal case information and crisis intervention.
Cooperation with the exchange of information including referrals of copies of police
reports.
Assistance with claims for reimbursement of crime related expenses from the State
Victims of Crime Program
Cross-training as needed.
These services shall be monitored by on-going case management and staff supervision, client
follow-up and inter-agency training and meetings necessary to maintain sensitive and quality
service t o the crime victims of Santa Cruz County.
We, the undersigned, as authorized representatives of the University of California, Santa Cruz
Police Department and the Santa Cruz County District Attorney’s Ofice, V i c t i f l i t n e s s
Assistance Center, do hereby approve this document.
Sylvia L. Nieto, Program Manager
Jan Tepper, Chief
Type Name and Title
Type Name and Title
Victim Witness Assistance Center
UCSC Police Department
OfficdOperationalAgreement UCSC PO
~---
-?
Scotts Valley Polict Department and VictimNitness Assistance Center
Operational Agreement
FY 2001- 2002
This Operational Agreement stands as evidence,that the Scotts Valley Police Department and
the Santa Cruz County District Attorney's Office, Victimmitness Assistance Center intend
to work together toward the mutual goal of providing the maximum available assistance for
violent crime victims in Santa Cmz County. Both agencies believe that the implementation of this
Operational Agreement will krther this goal. Therefore, each agency agrees to participate by coordinating services to crime victims and their families.
The VictiMitness Assistance Center will closely co-ordinate the following services with the
Scotts Valley Police Department on all cases involving violent crime including driving under the
influence with injury or death to a person other than the driver, vehicular manslaughter and hit
and run with injury or death:
b
b
b
b
b
Training to officers in victims' rights and resources.
Provision of sensitive direct services to violent crime victims and their families including
criminal justice advocacy, court support and accompaniment, resource and referral
counseling, criminal case information and crisis intervention.
Cooperation with the exchange of information including referrals of copies of police
reports.
Assistance with claims for reimbursement of crime related expenses from the State
Victims of Crime Program
Cross-training as needed.
These services shall be monitored by on-going case management and staff supervision, client
follow-up and inter-agency training and meetings necessary to maintain sensitive and quality
service to the crime victims of Santa Cruz County.
We, the undersigned, as authorized representatives of the Scotts Valley Police Department and
the Santa Cruz County District Attorney's Office, VictimNitness Assistance Center, do hereby
approve this document.
'TBrjamjs e , 6urZJH
Sylvia L. Nieto, Program Manager
Victim Witness Assistance Center
4
,
Chief
Scotts Valley Police Department
Type Name and Title
Type Name and Title
VictiWitness Assistance Center
Scotts Valley Police Center
OfficdOperational Agreement Scotts Valley PD
M002
MEMORANDUM OF UNDERSTANDING (MOU)
between
COUNTY OF SANTA CRUZ HUMAN RESOURCES AGENCY
FAMILY AND CHILDREN'S SERVICES
and
CALIFOlRNIA STATE PARKS SANTA CRUZ DISTRICT
CAPITOLA POLICE DEPARTMENT
COUNTY OF SANTA CRUZ OFFICE OF THE DISTRICT ATTORNEY
SANTA CRUZ COUNTY SHEIUFF
SANTA CRUZ POLICE DEPARTMENT
SCOTTS VALLEY POLICE DEPARTMENT
UNIVERSITY OF CALIFORNIA AT SANTA CRUZ POLICE DEPARTMENT
WATSONVILLE POLICE DEPARTMENT
J. Purpose and Objectives
The purpose of this Memorandum of Understanding (MOU) is to outline a coordinated
system for responding to and investigating allegations of child abuse and neglect by County
of Santa Cruz Human Resources Agency Family and Children's Services (a.k.a. Child
Welfare Services [CWS]) and local law enforcement (LE) agencies.
By describing a system for joint investigation of child abuse and neglect, this MOU will
eliminate duplication of effort and promote proper and expeditious collection and
preservation of evidence. Use of this MOU will promote collaboration, sharing of
information, coordination of investigations, and engagement in a shared decision-making
process, where appropriate. Ultimately, this system will result in minimized trauma, positive
outcomes for child victims, and will facilitate apprehension and prosecution of alleged
perpetrators of child abuse.
11. Responsibilities
A. Child Welfare Services
CWS investigates risk to children in cases of alleged intra-familial child abuse or neglect.
CWS must ensure that children are in a safe environment. If children are not in a safe
environment, CWS takes appropriate action. CWS cross reports ail cases to LE, except
those involving general neglect (Penal Code.11166).
B. Law Enforcement
LE conducts .criminal investigations concerning crimes committed against children and
evaluates child protection issues in coordination with CWS. LE cross reports cases to
CWS where it appears a child's safety may be at risk.
Memorandum of Understanding: Family and Children's Services and Law Enforcement
December 2000
I
003
IILTypes of Cases Covered
A. Definitions
1. Serious Physical H a m by Parent or Person Known to Parent:
-
The minor has suffered or there is a substantial risk that:
a. He/she will suffer serious physical harm inflicted non-accidentally by hisher
parent or guardian or
b. He/she has suffered severe physical abuse (resulting in permanent disability, deep
bruising, unconsciousness, fractures, etc.) by a parent or guardian or a person
known to the parent, if the parent should have reasonably known such abuse was
occurring.
(Welfare and Institutions Code Sections 300 (a) and (e).)
2. Failure to Adequately Supervise, Protect, or Provide for a Child:
The minor has suffered or there is a substantial risk that the minor will suffer serious
physical harm as a result of:
a. The failure or inability of hisher parent or guardian to adequately supervise or
protect himher;
b. The willful or negligent failure of the parent or guardian to provide adequate food,
clothing, shelter, or medical treatment; or
c. The inability of the parent to provide care, shelter and support for the minor due
to the parent’s mental illness, developmental disability or substance abuse,
absence or incarceration.
(Welfare and Institutions Code Sections 300 (b) and (g).)
3. Serious Emotional Damage:
The minor is suffering severe emotional damage or is at risk of suffering such
damage, evidenced by severe anxiety, depression, withdrawal, or aggressive behavior
towards self and others, as a result of:
a. The conduct of the parent or guardian or
b. Where a parent is not capable or willing to provide suitable care for the minor’s
emotional needs.
(Welfare and Institutions Code Section 300 (c).)
Memorandum of Understanding: Family and Children’s Services and Law Enforcement
December 2000
2
MOO4
4. Sexual Abuse:
The minor has been sexually abused or is at risk of being sexually abused, as defined
in Penal Code Section 1 1165.I , by hisher parent or guardian, or a member of hisher
household, or the parent has failed to protect the minor when the parent knew or
reasonably should have known that the minor was in danger of being sexually abused.
(Weifare and Institutions Code Section 300 (d).)
5. Acts of CrueIty:
The minor has been subjected to an act or acts of cruelty by the paredguardian or a
member of the minor’s household, or the parent has failed to protect the child from
acts of cruelty when the parent should have known that the child was being so
subjected.
(Welfare and Institutions Code Section 300 (i).)
B. Investigative Criteria
1. CWS only investigates allegations of intra-familial abuse of a child (i.e., acts
occurring in the child’s own home andor under the care of a non-protective parent or
guardian).
2. LE investigates allegations of abuse originating within its jurisdiction. Allegations
are investigated according to standards of what constitutes a criminal act.
3. Investigative criteria may be different for LE and CWS during the course of an
investigation. LE may complete a criminal investigation, conclude a crime has not
occurred, and prepare to leave the scene of an investigation. However, CWS may
still be assessing risk for a child and may request that LE stand by in the event that a
protective custody is needed. LE may also close a case that CWS continues to
actively work (crime versus risk).
C. Suspected Child Abuse in Group Homes, Foster Family Agencies, and Day Care Centers
California Community Care Licensing, in conjunction with the LE agency having
jurisdiction, is the investigating agency for reports of suspected child abuse or neglect
occurring in group homes, foster homes affiliated with foster family agencies, and
day/child care centers. CWS does not have an investigative role in these types of
situations.
Memorandum of Understanding: Family and Children’s Services and Law Enforcement
December 2000
5
D, 'Suspected Child Abuse in County Foster Care or Family Day Care
For reports of suspected abuse in a County of Santa Cruz licensed foster care or family
day care home, the County of Santa Cruz Licensing Unit, in conjunction with LE of
approprjate jurisdiction, is the investigating'agency. CWS may become involved if
requested by the Licensing Unit.'
1V. Areas of Responsibiliw for Investigation
CWS and LE have both common and distinct responsibilities during the course of an
investigation of alleged child abuse or neglect. Their responsibilities will include but are
not limited to the following:
1. Child Welfare Services
a. CWS investigates allegations of intra-familial child abuse or neglect.
b. CWS assesses risk to the child, determines whether safe alternatives to protective
custody exist, and provides pre-placement preventive services. In circumstances
where risk can be sufficiently mitigated, CWS develops a written safety plan.
The plan details the responsibilities of all involved and the circunlstances that
allow a child to safely remain in the home.
c. The CWS social worker, who possesses expertise and training in risk assessment,
shall make recommendations to LE regarding protective custody issues. In
circumstances where a c h l d is at imminent risk, the child shall be removed fiom
the home unless the risk can be mitigated to prevent the need for removal. The
temporary arrest of the suspected abuser shall not be the sole basis for
determining that a child may remain safely in the home.
d. When practical, CWS participates in interviews with children involved in intrafamilial cases of child abuse or neglect.
e. CWS coordinates with LE in subsequent investigations.
f.
CWS prepares recommendations regarding Juvenile Court Dependency actions.
g. CWS will not make recommendations regarding whether prosecution of criminal
acts is desirable or not.
h. CWS provides social services to at risk children and their families.
2. Law Enforcement
a. LE investigates reports of child abuse or neglect by conducting interviews and
gathering evidence to determine if a criminal act occurred.
b. LE makes arrests, prepares search warrants, and gathers evidence that might be
used in subsequent prosecution by the District Attorney (DA).
c. LE consults with CWS regarding recommendations for protective custody.
d. LE performs the legal act of placing a child in protective custody should
investigation reveal that a child is at risk of firther abuse or neglect and no safe
alternative can be identified. (Welfare and Institutions Code Section 305.)
e. LE coordinates with CTNS in subsequent investigations.
f. LE prepares written reports documenting protective custody, any interviews
conducted, and follow-up investigative activity connected with a case, including
coordination with CWS.
V. Law Enforcement Jurisdiction
A. General Rule
LE jurisdiction shall be determined by the location of where a crime is alIeged to have
occurred.
B. Protective Custody Exceptions
From time to time, a child in need of protective custody is located outside the jurisdiction
where the crime occurred. Under such circumstances, the responsibility for evaluating
the need for and placing the child in protective custody shall rest with the LE agency
having jurisdiction in the locale where the child is found at the point that a protective
custody is sought. This shall be the case if any one of the following criteria is met:
a. There is no legal mechanism for transporting the child to the appropriate
jurisdiction (CWS cannot transport without a protective custody),
’0. The LE agency with jurisdiction cannot respond to the location of the child, or
c. Jurisdiction cannot be immediately determined (e,g., homeless).
VI. Cross-Reporting
The MOU establishes ideal practices regarding the extent and timing of responses to
situations involving allegations of child abuse and neglect. Each discipline’s investigative
focus has its o w n set of time constraints and legal requirements. Such constraints and
requirements may result in procedural conflicts that affect the investigation and the enlotional
well being of the child. This can be avoided if upon receiving a case for investigation, LE
contacts CWS, and if upon receiving a referral, CWS contacts the appropriate LE agency.
Memorandum of Understanding: Family and ChiIdren’s Services and Law Enforcement
December 2000
5
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SCPD ADJI r N
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A
A. Criteria €or LE Referral to CWS
1. LE shall contact CWS immediately or as soon as practical when a report of suspected
or confirmed child abuse or neglect is received and an investigation is imminent.
2. LE shall contact CWS immediately or as soon as practical when evidence of recent
abuse or new physical evidence is uncovered during an investigation.
3. If during an investigation, the possibility arises that a child will be taken into
protective custody, then LE should contact CWS immediately or as soon as practical.
CWS should be afforded the opportunity to respond immediately and to participate in
interviews, investigation, and decision-making regarding protective custody.
4. LE shall provide a copy o f their written reports to CWS within three working days of
when Penal Code 273.5 or 243(e) domestic violence incidents occur in which a child
resides in the home. This requirement does not supercede existing requirements for
Watsonville and Live Oak jurisdictions in relation the Family Violence Response
Team (FVRT). FVRT requires the applicable LE entities (County Sheriff and
Watsonville Police Department) to contact CWS immediately or as soon as practical
when a Penal Code 273.5 or 243(e) domestic violence incident occurs in which a
child resides in the home.
B. Criteria for CWS Referral to LE
1. Initial contact with LE shall be made through LE Communications. Each LE agency
shall designate a department liaison who is available for subsequent consultation (i.e.,
after the initial contact) with CWS and who acts as a contact point regarding all
C WS-LE joint investigations for that LE agency.
a. Sexual Abuse Disclosure
If during an interview a child discloses sexual abuse, CWS shall call LE
immediately or as soon as practical to coordinate a joint interview and to
determine whether a sexual assault exam is needed (see below in section VILF.).
b. Report of Suspected Child Abuse or Neglect: Immediate Response ( M )
CWS should contact LE immediately before investigation (even if a child is
currently in a safe place):
I) If referral indicates that a child has made a disclosure; or
2) ECWS determines that immediate response is needed due to a report of a
suspicious injury in combination with a child’s clearly implausible
explanation for the injury; or
Memorandum ofUnderstanding: Family and Children’s Services and Law Enforcement
December 2000
6
3) If there is substantial and significant reason to believe, based on the evidence
presented, that abuse likely occurred.
c. Report of Suspected Child Abuse or Neglect: Ten-Day Response
CWS shall investigate ten-day response referrals first, then contact LE if the
investigation is substantiated. If substantiated, the CWS worker will call LE
immediately or as soon as practical.
VII.
Procedures for Joint Investigation
A. General Rule
For criminal investigations, LE takes the lead. For all non-criminal child welfare
investigations, CWS takes the lead. For all investigations, collaboration by LE and CWS
to ensure child safety is the ultimate goal.
B. Initial Investigation and Chiid Interviews
'.
CWS and LE will establish collaboration from the beginning of an investigation.
Decisions about who takes the lead in interviewing alleged child victims and how best to
approach a joint interview should take into account who has established rapport with the
interviewee and who has the expertise needed to be most effective in the interviewing
process. When possible, both CWS and LE should be present at interviews to avoid
duplication of effort. In instances where a protective custody is being considered, LE and
CWS should consult with one another and discuss the merits of a protective custody.
C. Access Issues/Search Warrants
LE and CWS will follow legal guidelines for entry into private homes and businesses and
for conducting searches. CWS will seek LE assistance if there is no consent for entry
andlor if an emergency exists. LE will take the lead in non-voluntary entries and in
obtaining search warrants.
D. Crime Scene Search (Gathering Evidence)
LE will gather evidence at crime scenes.
E. Interviewing Witnesses and Collaterals
In circumstances where there is a joint investigation, LE will generally take the lead in
interviewing.witnesses and colIaterals. As with all aspects of a joint investigation, CWS
and LE will make every effort to coordinate and to offer each other an opportunity to
evaluate whether they wish to be part of an interview. In consideration of child safety,
Juvenile Court deadlines, and regulatory timelines, CWS may need to proceed with
interviews when LE is not available. If this occurs, CWS will make every attempt
possible to notify and consult LE in advance the interview.
Memorandum ofunderstanding: Family and Children's Services and Law Enforcement
December 2000
7
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F. Contacting and Interviewing Alleged Perpetrators
When a crime is suspected, LE will take the lead in contacting and interviewing alleged
perpetrators. If CWS is considering interviewing an alleged perpetrator, consultation
with LE will happen first, prior to alIeged perpetrator contact.
G. Sexual Assault Exams
When sexual abuse is alleged, a sexual assault examination may be indicated. CWS
social workers are specifically trained to recognize the subtle indicators of child sexual
abuse and, therefore, the social worker's assessment should be given due consideration.
In the absence of clear indicators of sexual assault, medical records and the expertise of
medical exarr'iners shall also be taken into consideration when practical. The decision to
proceed with such an exam should be made in the context of the investigative practices of
both LE and CWS. LE authorizes the sexual assault examination.
H. CWS Response to Law Enforcement
CWS will respond to requests by LE for CWS presence at in-field investigations
immediately or as soon as practical. After hours pages from LE will receive an
inmediate or as soon as practical telephone response from the aAer hours CWS social
worker/supervisor.
I. Sharing Investigation Information
CWS and LE shall exchange infomlation regarding any investigation of abuse or neglect
allegations during the pendency of such investigations. Upon the filing of a CWS
petition, which triggers the commencement of a juvenile court case, LE officials who are
actively participating in criminal or juvenile proceedings involving the minor shall
continue to have access to CWS files and CWS shall continue to have access to LE
investigation information. (Welfare and Institutions Code Section 827; County of Santa
Cruz Superior Court Standing Order, 1995.)
The County of Santa Cruz Superior Court Standing Order of the Juvenile Court (1995)
specificaliy allows the following persons to review Juvenile Court Records without prior
court authorization: District Attorney, its staff andor investigators; County Counsel, and
City Attorney or city prosecutors authorized to prosecute criminal or juvenile cases under
state law; probation officers and law enforcement officers who are actively participating
in criminal or juvenile proceedings involving the minor; and other parties not involved
with this MOU.
Any other person or agency seeking to inspect, obtain, or copy Juvenile Court Records
must file a Petition for Disclosure. (Welfare and Institutions Code Section 827.)
All persons and/or agencies receiving Juvenile Court Records must keep the information
confidential.
Memorandum ofUnderstanding: Family and Children's Services and Law Enforcement
December 2000
8
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SCPD ADMIN
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A
J. Subpoenas for Appearance
All CWS social workers subpoenaed by the County of Santa Cruz District Attorney’s
Office to appear as witnesses in criminal prosecutions on child abuse matters shall testify
about personally known confidential information and confidential information contained
in CWS files only if the information is relevant to the prosecution. LE representatives
shall appear in juvenile dependency hearings concerning child abuse investigations when
subpoenaed by the County of Santa Cruz County Counsel’s Office, and shall testify about
both personally known and documented investigative information. (Standing Order,
1935.)
VIII.
Criteria for Arrest of Suspects
A. Arrest
Decisions concerning the arrest of suspects are the sole discretion of LE.
13.
Alternatives to Arrest
If a suspect will not be arrested immediately, the following alternatives to arrest shall be
considered in order to ensure the safety of the child victim or potential victims pending
case investigation:
1. An Emergency Protective Order may be requested and issued when a child is in
immediate and present danger of abuse or neglect by a family or household member
based on an allegation of abuse or threat of abuse by the person being ordered
removed from the home where the child resides.
2. A child may be taken into Protective Custody pursuant to section 300 of the Welfare
and Institutions Code.
IX. Procedure for Resolving Differences of Opinion
All decision-making will be guided by the overall goal of coordinating efforts to assure the’
best possible outcome for the alleged child victim. Whenever possible, LE and CWS shall
meet and confer in person to resohe differences of opinion. When LE and CWS
investigators cannot come to agreement on process, course of action, or the need for a
protective custody, they shall refer the matter to their supervisors. LE and CWS
administrators shall c.onsult with their staff and with each other to resolve disagreements and
to determine the appropriate course of action. CWS and LE staff will be directed
accordingly.
X. Forum for Continuing Dialogue Regarding Shared Cases and MOU Implementation
Designees of LE chiefs and the CWS Director will serve as liaisons in matters related to the
implementation of this MOU. Designees will meet to review and discuss the implementation
of t b s MOU three months and again six months after its implementation. At the six-month
Memorandum of Understanding: Family and Children’s Services and Law Enforcement
December 2000
9
\
SCPD .ID!IIN
A
anniversary of the implementation of this MOU, designees will assess the need for further
meetings to discuss coordination issues and the efficacy of the MOU. The designees will
make recommendations to the LE chiefs and CWS Administration as to the on-going need
for further coordination meetings.
Memorandum ofunderstanding: Family and Children's Services and Law Enforcement
December 2000
10
n
Contract No. 02167
INDEPENDENT CONTRACTOR AGREEMENT
THIS CONTRACT is entered into this 1” day of July, 2000, by and between the COUNTY OF
SANTA CRUZ, hereinafter called “COUNTY’, and the Sexual Assault Nurse Examiner
Contractor hereinafter called ‘‘CONTRACTOR’.
1. DUTIES. Contractor agrees to exercise special skill to accomplish the following result:
A. Contractor shall conduct sexual assault victim examinations on adult.and
juvenile victims and suspects at the request of County for the Santa CI-UZCounty
Sheriffs Department, the Santa CI-UZCity P.olice Department, the Scotts Valley
City Police Department, the Capitola City Police Department, the Watsonville City
Police Department, and the University of California, Santa CIVZPolice
Departnlent upon call out from NETCOM or other designated entity.
B.
The examinations shall be conducted at designated facilities at Dominican
Santa CIUZHospital and Watsonville Community Hospital. Contractor shall
comply with all rules and regulations and procedures established by these two
hospitals for sexual assault examinations and medical procedures in general.
Medical supplies and clothing are to be provided by the participating hospitals.
Conbactor shall maintain equipment in examination rooms and request supplies.
C. Contractor shall conduct sexual assault examinations of adult and minor
victims and adult and minor suspects using established professional protocols and
in conformance with the standard of care within the nursing profession and
community. When requested contractor shall conduct follow-up examinations.
Contractor shall .document all examinations in such reports and on such forms as
are required by County. Contractor shall obtain and presewe all forensic evidence
according to appropriate chain of control protocols, and document such evidence
on such f o m s as are required by County. Contractor shall provide, when
requested by law enforcement officials, testimony in courts of law or elsewhere as
to the procedure and results of any examination conducted under this agreement,
including all pre-testimony preparation and forensic research. Contractor shall,
upon request, meet with law enforcement agencies to consult on individual cases.
1
S 23 - 66
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D.
Contractor shall be available to conduct examinations at any hour of the day
during Contractor’s on call schedule. Contractor shall respond to the designated
hospital within one hour of call out. (Contractor’s on call schedule shall be as set
forth in Exhibit A, On Call Schedule, attached and incorporated hereto, or as
changed by County fl.om time to time.) Contractor shall arrange with the other
sexual assault nurse examiner, under contract with County, their respective on call
schedules so that there is at least one nurse examiner on call at all times during the
term of this contract. Contractor shall provide to NETCOM prompt notice of any
change to the on call schedule.
-
.
E, Contractor shall provide to County and NETCOM the telephone number(s)
and pager number(s) where County will be able to call out the Contractor for
sewice under this contract. Contractor shall immediately provide to NETCOM
any changes of Contractor’s phone numbers\pager numbers.
F. Contractor shall at all times during the performance under this conhxct have
a valid, unexpired, unrevoked Nursing certificate issued by the State of California.
Contractor acknowledges the successful completion of fonnal sexual assault nurse
examiner program training and pediatric nurse examiner program training.
Contractor shall at contractor’s expense participate in all mandatoly continuing
professional education and participate in yearly continuing education in the field
of sexual assault examinations and forensics, as required by the respective
accrediting entities.
G. Contractor shall participate in monthly meetings with sexual assault
investigators. Contractor shall complete and maintain statistical data of
examinations conducted under this agreement as required by County. Contractor
shall from time to time participate in peer review of examination protocol and
related matters. Contractor shall, when necessaly and appropriate, disseminate
legal-medical infolmation to law enforcement and the District Attorney’s Office
and participate in public education and awareness presentations concerning sexual
assault issues.
2. COMPENSATION.
A.
Contractor shall receive compensation in the amount of $6000.00 per month,
Transportation expenses, insurance, pagers, cell phones, unifolms, education
expenses, equipment and supplies, uniforms, and all other necessaly items
incurred in the pelfonnance of this conhact is the responsibility of the Contractor.
2
S 23
- 67
B. In the event that contractor fails to respond to a call out within one hour or
-fails to complete and submit the written examination report within 48 hours after
the exam or fails to conduct an exam according to the appropriate protocols, then
contractors’s compensation shall be reduced by the sum $250.00 for each such
event.
C. This agreement establishes an independent contractor relationship between
the service provider, Contractor, and the service recipient, County. Contractor is
not an employee of County, nor any law enforcement agency who may call out
contractor for ser-vices under this agreement, and shall not be provided benefits,
insurance, or paid or FLMA leave. Contractor is responsible for paying any and
all employment taxes. Contractor shall not be entitled to civil service status or
rights under the County’s Civil Service System, or any merit system governing any
of the law enforcement agencies who may call out contractor for services underthis agreement.
3. TERM. The term of this contact shall be:
.
.
Commencing on 7/1/00 and ending 6/30/01, unless terminated by either party to this
agreement as prescribed in paragraph 4.
4. EARLY TERMINATION. Either party hereto may terminate this contract at any time by
giving 60 days written notice to the other party.
.5. INDEMNIFICATION FOR DAMAGES. TAXES & CONTRIBUTIONS.
A.
Contractor shall exonerate, indemnify, defend and hold harmless County and those
agency’s listed on paragraph 1A herein from and against any and all claims, demands,
losses, damages or other liability for injury to or death of persons, or property ‘damage as a
result of or in any manner connected with the Contractor’s performance under the terms
of this agreement.
B.
County shall exonerate, indemnify, defend and hold harmless Contractor from and
against any and all claims, demands, losses, damages or other liability for injury to or death
of persons, or property damage as a result of or in any manner connected with the
County’s performance under the terms of this agreement.
C.
Contractor is responsible for any and all Federal, State and Local taxes, charges,
fees, or contributions required to be paid with respect to Contractor engaged in the
performance of this Agreement (including, without limitation, unemployment insurance,
social security and payroll tax witholding).
3
S 23 - 68
6 . FNSURANCE. Contractor, at its sole cost and expense, for the full term of this Agreement
(and any extensions thereol), shall obtain and maintain at minimum compliance with all of the
following insurance coverage(s) and requirements. Such insurance coverage shall be primary
coverage as respects COUNTY and any insurance or self-insurance maintained by COUNTY shall
be excess of Contractor’s insurance coverage and shall not contribute to it. Alternately,
Contractor shall assure that subcontractors have obtained and maintained all of the insurance
coverage called for under this agreement and, upon making said assurances, Contractor shall be
relieved of any obligation to obtain said insurance itself.
A.
Types of Insurance and Minimum Limits
(1) Worker’s Compensation in the minimum statutorily required coverage
amounts. This insurance coverage shall
if Contractor has no employees
and certifies to this fact by initialing here
(2) Contractor shall carry General Liability Insurance coverage in the amount of
$1,000,000 combined single limit.
( 3 ) Contractor shall carry professional liability insurance in a n amount not less
than 1,000,000 combined single limit, if, and only if, this Subparagraph is initialed by
Contractor and COUNTY
B.
Other Insurance Provisions
(1) If any insurance coverage required in this Ageernent is provided on a “Claims
Made” rather than “Occurrence” form, Contractor agrees to maintain the required
coverage for a period of three (3) years after the expiration of this Agreement (hereinafter
<L
post agreement coverage”) and any extensions thereof. Contractor may maintain the
required post agreement coverage by renewal or purchase of prior acts or tail coverage.
This provision is contingent upon post agreement coverage bins both available and
reasonably affordable in relation to the coverage provided during the term of this
Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of
the last annual policy premium during the term of this Ageernent in order to purchase
prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.
(2) A l l required insurance policies shall be endorsed to contain the following
clause:
“This insurance shall not be canceled until after thirty (30) days prior written
notice has been given to: Santa Cruz County Sheriffs Ofice Attn: P. Crawford,
701 Ocean Street, Room 340, Santa Cruz. CA 95060.”
(3) Contractor agrees to provide insurance broker(s) with a full copy of these
insurance provisions and provide COUNTY on or before the effective date of this
,
:
.
4
S 23 - 69
Agreement with Certificates of Insurance for all required coverages. All Certificates of
Insurance shall be delivered or sent to: Santa Cruz County Sheriffs Ofice, Attn: P.
Crawford, 701 Ocean Street. Room 340. Santa Cruz, CA 95060.
'
-
7. TNDEPENDENT CONTRACTOR STATUS. Contractor and COUNTY have reviewed and
considered the principal test and secondary factors below and agree that Contractor is an
independent contractor and not an employee of COUNTY. Contractor is responsible for all
insurance (workers compensation, unemployment, etc.) And all payroll related taxes. Contractor
is not entitled to any employee benefits. COUNTY agrees that Contractor shall have the right to
control the manner and means of accomplishin,o the result contracted for herein.
PRINCIPAL TEST: The Contractor rather than COUNTY has the right to control
the manner and means of accomplishing the result contracted for.
SECONDARY FACTORS: (a) The extent of control which, by agreement,
COUNTY may exercise over the details of the work is slight rather than substantial; (b)
Contracfor is engaged in a distinct occupation or business; (c) In the locality, the work to
be done by Contractor is usually done by a specialist without supervision, rather than
under the direction of an employer; (d) The skill required in the particular occupation is
substantial rather than slight; (e) The length of time for which Contractor is engaged is of
limited duration rather than indefinite; (0The method of payment of Contractor is by the
job rather than by the time; (9) The work is part of a special or permissive activity,
program, or project, rather than part of the regular business of COUNTY; (h) Contractor
and COUNTY believe they are creating an independent contractor relationship rather than
an employer-employee relationship; and (i) The COUNTY conducts public business.
It is recognized that it is not necessary that all secondary factors support creation of an
independent contractor relationship, but rather that overall there are significant secondary
factors which indicate that Contractor is an independent contractor,
By their signatures to this Agreement, each of the undersigned certifies that it is his or
her considered judgment that Contractor is in fact an independent contractor.
S. RETENTION AND AUDIT OF RECORDS. Contractor shall retain records pertinent to this
Agreement for a period of not less than five ( 5 ) years after final payment under this Agreement or
until a final audit report is accepted by COUNTY, whichever occurs first. Contractor hereby
agrees to be subject to the examination and audit by the Santa Cruz County Auditor-Controller,
the Auditor General of the State of California, or the designee of either for a period of five ( 5 )
years after final payment under this Agreement.
9. PRESENTATION OF CLAIMS. Presentation and processing of any or all claims arising out
of or related to this Agreement shall be made in accordance with the provisions of Chapter 1.05
of the Santa Cruz County Code, which by this reference is incorporated herein.
5
S 23 - 70
above written.
CONTRACTOR
COUNTY OF SANTA CRUZ
APPROVED AS TO FORM:
APPROVED AS TO T N S W C E S
County Counsel
Risk Management
Contractor
6
S23- 71
h
I
.
AMENDMENT TO AGREEMENT
. .
The parties hereto agree to amend that certain Agreement dated July 1, 2000 by and between the
COUNTY OF SANTA CRUZ, SHERIFF-CORONER and THE SEXUAL ASSAULT NURSE
EXAMINER by:
1.
COMPENSATION. Contractor shall receive compensation in the amount of $6,210.00 per
month.
2.
TERM. The term of this agreement shall be July 1,2001 to June 30,2002.
All other provisions of said Agreement shall remain the same.
Dated:
G- 1 1 - 4 \
.
A
A
A
7
-
Mark Tracy, Sheriff-Cor
Christina Gonzales
984 McKenzie Ave.
Watsonville, CA 95076
83 1-722-5573
Approved as to form:
Distribution: Auditor Controller
Contractor
Sheriff-Coroner
Approved as to Insurance:
... .
--.
.-.
PRCdECT SERVICE AREA TNFORMAl I d N
1.
COUNTY OR COUNTIES SERVED: Enter the name(s) of the county or counties served by the
project. Put an asterisk where the principal office of the project is located.
Santa Cruz
2.
*
U.S. CONGRESSIONAL, DISTRICT(S): Enter the numnber(s) of the U.S. Congressional District(s)
which the project serves. Put an asterisk for the district where the principal office of the project is located.
15'h District
17'h District
3.
STATE ASSEMBLY DISTRICT(S): Enter the number(s) of the State Assembly District($ which
the project serves. Put an asterisk for the district where the principal office of the project is located.
27'h District
4.
*
*
STATE SENATE DISTRICT(S): Enter the number(s) of the State Senate District(s) which the
project serves. Put an asterisk for the district where the principal office of the project is located.
15'h District*
5.
POPULATION OF SERVICE AREA: Enter the total population of the service area served by the
project.
255,602
.
+
I
P R h E C T SERVICE AREA INFORMA'II~N
1.
COUNTY OR COUNTIES SERVED: Enter the name(s) of the county or counties served by the
project. Put an asterisk where the principal office of the project is located.
Santa Cruz"
2.
POPULATION OF SERVICE AREA: Enter the total population of the service area served by the
project.
255,602
AI
h
A
ROJECT CONTACT INFORMATION
Applicant: COUNTY OF SANTA CRUZ
Implementing Agency (if applicable): DISTRICT ATTORNEY'S OFFICE
Project Title: CHILD ABUSER VERTICAL PROSECUTION PROGRAM
Grant Number (to be added by OCJP):
Provide the name, title, address, telephone number, and e-mail address for the project contact persons
named below. If a section does not apply to your project, enter "NIA."
1.
The person having day-to-day responsibility for the pro-ject:
Name: Kristin Long
Title: Assistant District Attorney
Address: 701 Ocean Street, R m . 200, Santa Cruz, CA, 95060
Telephone Number: (83 1) 454-2400
Fax Number: (83 1) 454-2227
E-Mail Address:
2.
The person to whom the person listed in #1 is accountable.
Name: Gary Brayton
Title: Assistant District Attorney
Address: 701 Ocean Street, Rm. 200, Santa Cruz, CA, 95060
Telephone Number: (83 1) 454-2400
Fax Number: (83 1) 454-2227
E-Mail Address:
3.
The executive director of a nonprofit organization or the chief executive officer (e.g., chief of
police, superintendent of schools) of the implementing agency:
Name: Kathryn Canlis
Title: District Attorney
Address: 701 Ocean Street, R m . 200, Santa Cruz, CA, 95060
Telephone Number: (83 1) 454-2400
Fax Number: (83 1) 454-2227
E-Mail Address:
4.
The chair of the governing body of the implementing agency: (Provide address and telephone
number other than that of the implementing agency.)
Name: Jan Beautz
Title: Chairperson, Board of Supervisors
Address: 701 Ocean Street, R m . 200, Santa Cruz, CA, 95060
Telephone Number: (83 1) 454-2400
Fax Number: (83 1) 454-2227
E-Mail Address:
5
The person responsible for the project from the applicant agency, if different than # 1:
Name: N/A
Title:
Address:
Telephone Number: ( )
E-Mail Address:
Fax Number: ( )
CERTIFICATE OF ASSURANCE
OF COMPLIANCE
GOES HERE
X New
- Year 2
- Year 3
- Other
1.
3. GRANT PERIOD
2. PROJECT TITLE
. PROJECT YEAR
Child Abuser Vertical Prosecution Program
Julv 1, 2002 To
June 30, 2003
5. FUNDS REQUESTED
APPLICANT
Name: County of Santa Cmz
Phone: (83 1) 454-2400
Address: 701 Ocean Street, Room 200
Santa Cruz, CA 95060
Fax #: (83 I) 454-2227
150,000
i. IMPLEMENTING AGENCY
Name: Santa Cruz County District Attorney
Phone: (83 1) 454-2400
Fax #: (83 1) 454-2227
Address: 70 1 Ocean Street, Room 200,Santa Cmz, CA 95060
PROGRAM DESCRIPTION
7.
h i s program will provide direct vertical prosecution services in child abuse cases. An Assistant District Attorney will
1mfon-n services including case intake and screening, “hands-on” litigation, representation of the CAVP program to
:xternal entities, and supervision of follow-up investigations. An Inspector will provide direct vertical prosecution
x rvices in child abuse cases, including conducting interviews, gathering evidence, and coordinating with other law
:I (forcement agencies.
-
_
_
~
~ _ _
~~
~
5. PROBLEM STATEMENT
Due to various geographic, population, socio-economic and ethnic conditions, as well as, a recent economic downturn,
:llild abuse, including sexual abuse, physical abuse, neglect, victimization by parental substance abuse, and hi-tech crime!
qpinst children is prevalent in Santa Cruz County. As a result, Santa Cmz County needs the continued funding for the
Child Abuser Vertical Prosecution Program in order to continue and exceed in our efforts to investigate and prosecute
child abuse cases.
9 OBJECTIVES
P’e estimate that 60 defendants will be vertically prosecuted. The estimated number of cases that will be referred to the
CAVP unit is 54 and the estimated number of cases that will be accepted by the CAVP unit is 26. The estimated average
ycarly case load for the CAVP investigator and prosecutor is 22.
W‘e will work collaboratively with other agencies involved with child abuse prevention and prosecution to create a
scnsitive, thorough and non-duplicative approach to the aggressive prosecution of child abuse in Santa Cruz County,
-
0C.P-227 (Rev. 7/97)
[T;o.ACTIVITIES
11. CATEGORY
X Child Abuser Vertical
T'le CAVP investigator is expected to: 1) fully investigate the child abuse case after
Prosecution
Program
it is charged, 2) maintain close working relationships with the originating law
er forcement agencies, 3) maintain close working relationships with the Unit
prosecutors and advocates, 4) establish a relationship of trust, sensitivity and
respect with the child victim. The CAVP prosecutor is expected to: 1) vigorously
auld creatively prosecute the case, 2) work closely with law- enforcement, the
inspectors, and the advocates, 3) maintain consistent contact with the child and
'hidher support system, 4) make all court appearances on the prosecutor's individual
cz.ses, 5 ) be highly educated regarding the law, and medical, substance abuse and
p:,ychological issues, 6) work with all agencies, organizations and persons who
inlpact the child victim to the best of the prosecutor's ability, 7) minimize
dtlplication and trauma, 8) create a relationship of trust, sensitivity and respect with
the child victim by being proactive, responsive, honest, open, sensitive and realistic
in every dealing with the child victim and hisher support system, 9) establish
rzpport with the child as early as possible (without causing the child to be
unnecessarily re-interviewed), 10) prepare the child for testifying in as un-stressful a
~ a as
y possible, 11) protect the child to the best of the C A W Unit's ability
(\~hetherthrough Emergency Protective Orders, providing meaningful support
service referrals - such as relocation in a domestic violence case, and zealous
p~otectionduring cross-examination during trial), 12) "do right" by the child victim
autd to protect the community.
T'le CAVP Unit will coordinate comprehensive county-wide training for social 12. PROGRAM AREA
scrvice agencies, victim support service organizations and law enforcement. The
X Child Abuser Vertical
C4VP Unit will continue to provide outreach services to schools, school Prosecution Program
administrators and to victim support service agencies.
OF CLIENTS
I 14. NUMBER
TO BE SERVED
13. EVALUATION
The CAVP Unit Supervising Attorney will be evaluating and documenting
pcrformance throughout the life of the program. Performance will not only be
measured based on the quantity of cases but also by the complexity of the cases,
60
115. PROJECTED BUDGET
Personnel
Services
Funds Requested
Operating
Expenses
140,385
0
9,615
Other Grant Funds
-
Other Sources (list in-kind, fees,
etc.)
Date:
TOTAL
Equipment
11
I
Title: District Attornev
150,OO
ADDITIONAL SIGNATURE AUTHORIZATION
Grant Award #:
Applicant:
Project Title:
Grant Period:
Santa Cruz Countv District Attorney’s Office
Child Abuser Vertical Prosecution Program
Julv 1, 2002 to June 30, 2003
The following persons are authorized to sign for:
Project Director
Signature
Signature
Signature
Name
Name
Signature
Signature
Name
Name
Signature
Signature
Name
Name
Signature
Signature
Name
Name
Approved By:
Project Director :
Date
Financial Officer:
Date
Regional/Local
Planning Director:
SOLEISINGLE SOURCE JUSTIFICATION
CONTRACTS FOR SERVICES
CHECKLIST
Has the applicant/grantee met the following requirements:
No
OCJP Grantee Handbook Section 45 10
€3
Do conditions exist that require a sole/single-source contract?
Section 4521
0
0
Was it necessary to contract noncompetitively?
0
Kl
Did the contractor submit hidher qualifications?
0
0
Is the reasonableness of the cost justified?
0
0
Were cost comparisons made with differences noted
for similar services?
0
0
0
0
Are there time constraints impacting the project?
0
0
Is a justification provided regarding the need for contract?
0
0
Were comparisons made to identifir the time required for
another contractor to reach the same level of competence?
0
0
Is a brief description of the program or project included?
Section 4522
Section 4523
Is an explanation provided for the uniqueness of the contract?
Section 4524
(REV.7/97)
..
>
I
Benefits of Increased Law
Enforcement Involvement
The current examiners now
have the time necessary to prioritize
and attend professional training,
stay abreast of current research and
developments, and thoroughly network among other entities in the
. criminal justice system. All team
members have benefitted fiom the
transition. The examiners .have
formed instructive relationships
with the local branch of the state
crime laboratory, agency crime
scene investigators, and prosecutors. Law enforcement agencies
have benefitted fiom receiving reliable, consistent examinations,
which yield more accurate and relevant infoeation t h a previously
available. Prosecutors have been
able to train and develop the examiners to be the best possible expert
witnesses. Further, the examiners
are available to conduct case-specific research in preparation for
court.
The local women's advocacy
group has formed- a close association with the examiners and meet
regularly to ensure a seamless delivery -of services to sexual assault
victims. The local .hospitals have
discovered benefits-fiom the ex&inen whose.' interaction with the
emergency room, staff now are
consistent and reliable. Finally, and
most important, sexual assaukvictims have benefitted. Examiners,
fully committed to their profession,
can conduct sensitive and thorough examinations, which provide
the tools for law enforcement
agencies to investigate and arrest
perpetrators. Better investigated
and prepared cases enhance the
likelihood of a disposition prior to
trial. A strong, well-prepared case
constitutes the best way to obtain a
conviction, and 8 .dedicated, welltrained examiner program represents a key component hi obtaining
reliable and relevant forensic evidence.in a sexual assault complaint.
. .
.
..
.
CONCLUSION
The concept. of designing a
sexual assault examiner program
with authority and direction associated with law enforcement and
staffed.by full-time, dedicated examiners with a clearly defmed mission is the .next logical step in the
development of the field of sexual
assault forensic examination. To
accomplish this goal, law enforcement agencies must establish credibility within the community by assuming responsibility for the
sensitive and thorough investigation of all sexual assault complaints and providing leadership
concerning this area of criminal
forensics. +
Endnotes
I U.S.Departmat of J&ice, Office o f
Justice Program$ Sanral Assnult Nurse.
Examiner Development and @eration Guide,
(Minneapolis, m,
IW), 9.
'Ibid, 5.
The first Sexual Assault Response Team
(SART) Program in santa CNZ. California,
began in June 1986 and was registerednursebased This multidisciplinary approachwas
based on the SART program in San Luis Ob@
county,California, which was physician-based
d
t and S. Goldstein, b e S A R T M
See, S.h
Orientation Guide, 1997 (Santa Cruz, C A
Forensic Nursing Services) and Sherry Amdt,
interview by author, July 200 1.
he FBI Law Enforcement
Bulletin seeks transcripts
of presentations made by
crim-inal justice professionals
for its Notable Speech department. Anyone who has
delivered a speech recently
and would like to share the
information with a wider
audience may subinit'a transcript of the presentation to the
Bulletin for consideration. .
As with article submissions, the BuZletin staff will
edit the speech for length and
clarity, but, realizing that the
information was presented
orally, maintain as much of
the original flavor as possible.
Presenters should submit their
transcripts typed and doublespaced on 8 %- by 11-inch
white paper with all pages
numbered. When possible, an
electronic version of the transcript saved on computer disk
should accompany the doeument. Send the material to:
T
Editor, FBI Law
Enforcement Bulletin,
F B I Academy,
Madison Building,
.-
BUDGET NARRATIVE
The resources requested in this application will support continuing operations during the FY 2001-2002
grant year of this one-year program cycle. The budget will directly support the objectives and activities
discussed in this application by financing the program's staffing and operational costs. Consistent with
prior year requests, administration costs to the grant are negligible and the requested resources are
overwhelmingly allocated to direct services.
All program staff is currently in place and meet or exceeds OCJP requirements for this program. This
includes membership in the California Bar and specific prosecutorial training and/or experience
requirements for the program's investigator.
Although not one hundred percent assigned on paper, all project staffs only on-duty assignments are
performing the activities and achieving the objectives described in this application, i.e., investigating and
prosecuting child abuse cases. Any mid-year salary adjustments will be based on scheduled step increases
and/or possible or prospective changes in county pay rates as agreed to by employee units and the County
Board of Supervisors.
Aside from required program audit costs and operating expenses, the only other expenses included in this
application are for OCP-mandated training requirements.
BUDGET CATEGORY AND LINE ITEM DETAIL
L. Personal Services - SalariesDCmployee Benefits
COST
1.OO FTE ASSISTANT DISTRICT ATTORNEY IV
REGULAR SALARY, 26 PAY PERIODS AT $45.52 PER HOUR
ADMINISTRATIVE LEAVE, 10 DAYS AT $45.52 PER HOUR
ON CALL HOURS, 256 HOURS AT $2.00 PER HOUR
PERS RETIREMENT AT 7.913%
OASDI AT 7.650%
EMPLOYEE ANNUAL INSURANCE PER MOU
0.25 FTE DA INSPECTOR I1
REGULAR SALARY, 26 PAY PERIODS AT $37.82 PER HOUR, 25%
POST DIFFERENTIAL PAY, 26 PAY PERIODS AT $1.10 @ 25%
PERS RETIREMENT AT 13.166%
MEDICARE TAX AT 1.45%
EMPLOYEE ANNUAL INSURANCE PER MOU
TOTAL
OCJP-A303a (Rev. 7/97)
$94,68:
$3,64:
$5 1:
$7,82.
$7,56
$2,281
$19,66t
$57:
$2,66!
$29:
$68t
$140,385
BUDGET CATEGORY AND LINE ITEM DETAIL
B. Operating Expenses
COST
I . REQUIRED CONFERENCE AND TRAINING:
OCJP MANDATED TRAINING FOR TWO STAFF
(A) REGISTRATION AT $200 EACH FOR TWO ASSIGNED STAFF
(B) LODGING FOR TWO DAYS AT $70 FOR TWO STAFF
(C) PER DIEM FOR TWO DAYS AT $40 EACH FOR TWO STAFF
$40(
$28(
$16(
OCJP MANDATED PROJECT DIRECTOR'S MEETING
(A) LODGING FOR TWO DAYS AT $70 FOR TWO STAFF
(B) PER DIEM FOR TWO DAYS AT $40 EACH FOR TWO STAFF
$28(
$16(
2. AUDIT COSTS:
$50(
3 . SERVICES AND SUPPLIES:
$72:
4. INDIRECT COSTS:
An amount not to exceed 5% of the actual total direct project costs,
excluding equipment.
$7,11(
$9,6 1
TOTAL
~~
OCJP-A303b (Rev. 7/97)
COST
$150.00(
IN-KIND MATCH
PROPOSAL APPENDIX
1.
Duty Statements
2.
Organizational Charts
3.
Current Staff Resumes
4.
Protocol for Child Abuse Cases
A.
Notification Procedure
B.
Multi Disciplinary Planning
C.
Investigative Procedure
D.
Court Procedures
I.
Prosecution Considerations
a.
Resisting Pretrial Release
b.
Reducing Time between Arrest and Disposition
2.
Preparation of Child Victim
3.
Trial Considerations
4.
Sentencing
a.
Counseling Requirements
b.
Diversion Programs, Treatment
5.
Caseload Policy
6.
Rotation Policy
7.
Operational Agreements
8.
Project Service Area Information
9.
Project Contact Information
IO.
Certification of Assurance
11.
.
Project Summary
12.
Additional Signatures Form
13.
Sole Source Information
DUTY STATEMENTS FOR FUNDED POSITIONS
1 FTE ASSISTANT DISTRICT ATTORNEY
The resources for this position are to finance direct labor costs for the CAVP prosecutor. This individual
will provide direct vertical prosecution services in child abuse cases, including case intake and screening,
“hands-on” litigation, representation of the CAVP program to external entities, and supervision of followup investigations. This individual will also perform related duties as outlined in the narrative sections of
this application.
.25 FTE DISTRICT ATTORNEY INSPECTOR
The resources for this position are to finance direct labor costs for the CAVP investigator. This
individual will provide direct vertical prosecution services in child abuse cases, including conducting
interviews, gathering evidence, and coordinating with other law enforcement agencies. This individual
will also perform related duties as outlined in the narrative sections of this application.
.......... ...... . . . ~
KRISTIN LONG
ASSISTANT DISTRICT ATTORNEY
Office of the District Attorney
701 Ocean Street, Room 200
Santa Cruz, CA 95060
Telephone: (831) 454-2587 Facsimile: (831) 454-2227
E-mail: [email protected]
Ms. Long is a twelve-year veteran prosecutor with over ten years of felony experience and has
prosecuted over eighty jury trials, including numerous domestic violence, sexual assault, child abuse,
burglary, robbery and drug cases. Ms. Long was designated the C A W attorney from 1996 through
1998, and continued to handle adult and child sexual assault cases while supervising the sexual assault
unit until she was re-assigned to the C A W grant in 2001. Ms. Long is the office expert in Sexual
Offender Registration cases. She has attended the CDAA Sexual Assault Training three times and has
received additional training in the Children’s Interview Techniques from the Giaretto Institute and the
Children’s Interview Center in San Jose.
ANASTASIA ROZINSKY
ASSISTANT DISTRICT ATTORNEY
Office of the District Attorney
701 Ocean Street, Room 200
Santa Cruz, CA 95060
Telephone: (831) 454-2516 Facsimile: (831) 454-2227
E-mail: [email protected]
Education:
1983 - 1986
Santa Clara University School of Law (J.D.)
Juris Doctorate Degree
1979 - 1983
University of California, San Diego
B.A., English, American & Spanish Literature
Work Experience:
Assistant District Attorney, Santa Cruz, CA
Duties include: prosecuting child sexual abuse cases,
statutory rape cases, violence against women cases.
2001 - present
1996 - 2001
Sole Practitioner, San Jose and Santa Cruz, CA
Duties included: acting as a Court-appointed attorney
representing abused children in Family Court cases,
criminal defense (domestic violence cases), training of
Dependency Legal System attorneys (representing abused
children in Dependency Court), family law and appeals.
1998 - 1999
Referee ( S A N ) , Alameda County Courts, Oakland, CA
Duties included: traveling to all mental heath hospitals
(public and private) and mental health units in the County
jail to hold hearings regarding patients' rights and whether
or not patients should be medicated against their will.
1996 - 1999
Adjunct Professor, Evergreen Community College, CA
Duties included: teaching Evidence, Criminal Procedure,
Business Law at Evergreen College in San Jose, teaching
Criminal Evidence at San Jose City College, San Jose,
teaching Mock Trials and Property, Mid Peninsula College
of Law, Trial Techniques at Santa Clara University Law.
1994 - 1996
Regional Director, Anti-Defamation League, CA
Duties included: running a multi-million dollar agency with
a staff of 14, fimdraising, event planning, programming.
1989 - 1994
Deputy District Attorney, Santa Clara, CA
Duties included: representing abused children in
Dependency Court, general trial assignments, domestic
violence prosecutions.
RAYMOND FLORES
DISTRICT ATTORNEY INSPECTOR
Office of the District Attorney
701 Ocean Street, Room 200
Santa Cruz, CA 95060
Telephone: (831) 454-2545 Facsimile: (831) 454-2227
E-mail: [email protected]
Inspector Flores has approximately 17 years experience in law enforcement, with 5 years experience in
the Santa Cruz County District Attorney’s Ofice. He also has 10 years experience in investigating sexual
assault cases.
h
I
SANTA CRUZ COUNTY
DISTRICT ATTORNEY'S OFFICE
PROTOCOL FOR
CHILD ABUSE CASES
KATHRYN CANLIS'
DISTRICT ATTORNEY
Adopted: May 17,2001