Investigation of Child Sexual Abuse

by Child Welfare Information Gateway

This article describes the role of Child Protective Services (CPS) in the investigation of cases of sexual abuse, the structure of the investigation, and risk assessment in child sexual abuse. Specific techniques for interviewing children and making a determination about the validity of an allegation are presented in the next chapter.

The Role of CPS

CPS is the local authority, housed in public social services agencies, responsible for investigation of and intervention in cases of suspected sexual abuse. Its mandate to protect children can be found in Federal and State legislation. Typically, CPS is only responsible for intervening in those situations in which the offender is in a caretaking role for the child. Law enforcement agencies are usually responsible for the investigation of cases involving offenders in noncaretaking roles. However, CPS may also become involved in situations in which the offender is a nonfamily member but the child's caretaker fails to protect the child from the offender.

Health care, mental health, and education professionals are mandated in most States to make a timely report of suspected maltreatment to CPS. Other persons may report.

Upon receiving a report, CPS conducts an investigation, within a specified time frame (typically within 24 or 48 hours or up to 5 days, depending on the State). The goal of CPS is to determine whether or not maltreatment has occurred and is likely to occur in the future and whether the child's safety can be ensured in the home. In forming conclusions about maltreatment and risk, the worker receives input from other professionals and from non-professionals (e.g., parents, children, neighbors, relatives), but the final decisions lie with CPS.

If the child is considered in danger, CPS takes steps to ensure the child's safety. CPS's first goal is to ensure the child's protection within his/her own home. When the child's safety cannot be ensured in the home, intervention may involve removal of the child and placement with a relative or a foster family, or it may entail getting the offender out of the home. The latter strategy is preferred in cases of sexual abuse. Actions resulting in removal usually require the intervention of the juvenile or family court. The reader is referred to another manual in this series, Working With the Courts in Child Protection.

Sexual abuse cases are handled somewhat differently from other referrals to CPS. Many State statutes mandate collaboration between CPS and law enforcement when the report is of sexual abuse. This often results in joint investigation and always in sharing of information. The mandate of the law enforcement agency is not to help families with their problems but to gather evidence toward the prosecution of offenders. As a consequence, the CPS goal of keeping families intact or family reunification may be compromised in sexual abuse cases. This is not necessarily a negative outcome. As discussed in the final chapter, offenders vary in their treatability.

Another way in which sexual abuse cases are likely to challenge the child protection system is with regard to the system's expectation that intervention will be short term. CPS is structured to conduct crisis intervention. In general, however, intrafamilial sexual abuse is not a short-term problem, but rather one that requires extended intervention.

The Structure of the Investigation

Communities vary considerably in how they structure investigations of sexual abuse. However, generally there are four types of professionals involved - CPS caseworkers, law enforcement officers, physicians, and mental health professionals. Other professionals may be involved as well.

Communities also vary in the extent to which their investigation is well organized and coordinated. Some communities are fortunate enough to have multidisciplinary team composed of members actively involved in the investigation or professionals who serve as consultants to frontline staff. In other communities, the roles of CPS, law enforcement, and health care providers are well integrated, but the involvement of other professionals and the interface with the court are not well articulated. In still others, unfortunately, the investigation is haphazard and poorly organized so that professionals are not aware of what others are doing or are working at cross purposes. Although there is considerable variability by community as to who does what and, to a lesser extent, when it is done, there nevertheless are specific components to a good investigation.

Discussions of data gathering from the referral source, the child interview, the medical examination, the interview with the nonoffending parent, and the interview with the alleged offender follow. These discussions assume a case of intrafamilial sexual abuse in which there is only one offender, with the mother the nonoffending parent and the father figure the offender. Obviously, adjustments need to be made for other configurations.

Gathering Information From the Referral Source

The investigative process usually begins with gathering information from the reporting party. The interview with the reporter should include an exploration of what the child has said or done that the reporter thinks indicates possible sexual abuse, his/her reactions to this information, and the reporter's knowledge of any other parties with relevant information.

About the Author

www.childwelfare.gov
Formerly the National Clearinghouse on Child Abuse and Neglect Information and the National Adoption Information Clearinghouse, Child Welfare Information Gateway provides access to information and resources to help protect children and strengthen families. A service of the Children's Bureau, Administration for Children and Families, U.S. Department of Health and Human Services.