Child Abuse Prosecution and Policy

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CHILD ABUSE POLICY AND PREVENTION

Child abuse prevention is among the highest priorities of the City Attorneys Office. It is the first step in providing a safe haven for children, whether they are in school, at home, in a health care setting or somewhere in between. Our goal is to break this cycle of violence with policy, community outreach, prosecution and legislation.

CHILD ABUSE PROSECUTION SECTION

The Los Angles City Attorney’s Office Child Abuse Prosecution Section (CAPS) arose out of a need to more effectively address the more than 57,000 cases of child abuse and neglect reported in the City of Los Angeles each year.  The section is comprised of a team of specially trained prosecutors, in addition to investigators and victim advocates, who are assigned to each case of child physical abuse, sexual abuse, or neglect filed by the City Attorney’s Office.  Cases are handled by the section from the time of filing until its completion.  This assignment structure, called “vertical prosecution,” is designed to provide the most effective prosecution and support for the victim.

The Child Abuse Prosecution Section brings about a historic collaboration between County of Los Angeles and Office of the City Attorney Office.  With the advent of CAPS, the County Board of Supervisors passed a motion requiring the Department of Child and Family Services to begin sharing all reports of child abuse and neglect occurring in the City of Los Angeles that are cross-reported to law enforcement.  Armed with these reports, CAPS attorneys are able detect and intervene in the early stages of child abuse through increased prosecutions of misdemeanor crimes.  Whereas previously, the Office of the City Attorney Office received approximately 5% of cases of reported abuse and neglect, this cooperation enables the Office of the City Attorney Office to become a full partner in the war against the abuse and neglect of Los Angeles' children.

The misdemeanor prosecution of child abuse cases is an essential tool in the fight against child abuse.  Like other forms of family violence, child abuse is a cycle of violence, which increases over time.  Early detection and intervention help prevent the cycle from continuing and escalating.  Early prosecution also adds a needed incentive to abusive parents and caretakers to complete parenting classes, substance abuse programs, and other forms of counseling to strengthen their parenting skills, and, when appropriate, help families remain intact.

We often assume that our children are safe, but the reality is that sexual abuse is a widespread problem.  It is estimated that one in five girls and one in twenty boys will be sexually abused before they turn 18.  Approximately 95 percent of victims are molested by the people children usually trust most – friends, family, a person in a position of authority.  As long as child abuse is not disclosed by the victim, fear, suffering, and psychological distress will remain.  The City Attorney’s Office is committed to doing everything it can to prevent abuse and help those that have been abused, while at the same time, aggressively prosecuting the perpetrators.

THE CHILD ABUSE EPIDEMIC

Daily media stories recount the horrors of child abuse inflicted upon innocent victims.  In 1974, 600,000 cases of child abuse and neglect were reported.  In 2000, over 5 million cases were reported.   Every year more than 125,000 children suffer injuries intentionally inflicted by their caregiver.  Numerous others suffer from less obvious marks of abuse.  At least 18,000 children each year suffer permanent disabilities from abuse and neglect.  Between 2,000 to 5,000 suffer fatal injuries.  Young children experience the most tragic consequences of them all.  Children under one account for 44% of all child fatalities and 85% of all child fatalities occur in children under six.   Parents constitute 84% of the child abuse perpetrators, while caregivers, relatives, foster parents, and babysitters constitute the rest.  Sixty percent of perpetrators are female, whose median age is 31 years.  Forty percent are male, whose median age is 34 years. 

The cycle of violence is inescapable - those who are abused become abusers.   Between 3 and 10 million children each year witness domestic violence.   In homes where domestic violence occurs, child abuse is 15 times more likely to occur.   Child abuse and neglect lead not only to physical injuries, delayed physical growth, and neurological damage, but also to aggression, depression, post-traumatic stress disorder and substance abuse.  

Over 50,000 children in L.A. County are in the foster care system at any given time.  Without education regarding child abuse issues, these numbers will continue to increase.   Our office alone prosecuted 1,660 child abuse cases in 2007, a 138% increase from 2006.   Two common issues surfaced in these cases - ignorance of the law and cultural misperceptions regarding appropriate behaviors toward children.   Even those entrusted with overseeing child abuse cases are vulnerable to ignorance and cultural biases.  Shockingly, a local judge recently declined to impose a jail sentence on an abusive Guatemalan father, who held his young son's hand over an open flame of a stove, burning him.  The judge rationalized the leniency because the father insisted that he did nothing culturally inappropriate.

Sound policy, strong partnerships, community outreach and effective legislation are the key to halting further injustices to children.  Research evidences that effective preventive programs decrease the incidence of child abuse in families.   So important is the need for early intervention that the U.S. Department of Education emphasizes the building of school-family partnerships for learning.   Preventing child abuse costs a fraction of what it costs to society once a child has been abused.

The Los Angeles City Attorney’s office makes child abuse policy and prevention one of our highest priorities and we have set the standard for providing a safe haven for the vulnerable children of our community who deserve nothing less than our best efforts. If child abuse is allowed to cast a shadow the length of a lifetime of these victimized children, it is our legal and moral obligation to shine a light on that issue and put an end to the victimization of our society’s most precious resource.

SPECIAL ENFORCEMENT DIVISION

The Special Trials Unit of the City Attorney's Office prosecutes child sexual abuse and exploitation cases. Special Trials works with local, county, state and federal law enforcement agencies as a direct filing resource, for referrals from other prosecutorial agencies and as a partner in task force operations. The Special Trials Unit has primary responsibility for filing review and prosecution of all misdemeanor and wobbler offenses involving the following categories of child sexual abuse and exploitation:

Child Pornography. This category includes all cases where there is any questionable recorded image/video of a minor. It includes photos, digital images on a camera or video recorder, and computer images. It included all images depicting children engaged in sexual conduct or showing a child's (clothed or unclothed) genital, pubic or rectal areas. Child pornography can include clothed images of minors, even where the genitals are not visible or discernible through the clothing.

Child Exploitation through Technology. This category of crimes includes all offenses involving children and the use of any photographic or video device, computer, telephone or the internet.

Sex Crimes in an Institutional Setting. All sexually-oriented offenses committed against minors in any institutional or structured setting (e.g., hospitals, schools, camps, religious organizations, etc.). These include all incidents involving sexually-oriented attention towards a minor (whether or not there is physical contact), usually in the context of a sexual battery or child molestation. Such offenses arise out of the institutional or professional relationship between the suspect and the victim (as opposed to a relationship based on family or domestic relationship). These offenses typically include crimes committed by: (1) a person having a professional relationship with the victim such as a health care provider or a teacher; (2) a person having a business/work relationship with the victim such as a supervisor or employer; (3) a person having a special trust relationship with the victim such as a scout leader or a little league coach; and (4) persons who, because of their legal status or employment, hold positions of responsibility with the victim such as a camp counselor, a child daycare employee, and an official conducting a driving test or supervising a licensing examination.

SCHOOL BASED TRAINING FOR CHILD ABUSE MANDATED REPORTERS

Child Abuse Policy Division staff conducts periodic training for school,
medical and other personnel who are legally mandated reporters of child
abuse. Instruction includes laws relating to mandated reporting, how and
when to report, what constitutes physical, sexual and emotional child abuse
and the ramification of a failure to report.

INTERNET SAFETY PROGRAM

Child Abuse Policy Division staff is available to all public and private schools for presentation of Internet Safety programs. Interactive presentations include Internet Safety for middle and high school students, parents and school staff, Internet Predators and Megan's law, cyber bullying presentations and computer safety instruction.

The City Attorney's Office offers Internet Safety Lectures for parents and school age children from 5th grade and up and community groups. These presentations are approximately one hour in length and deal with issues including Internet safety issues, social networking sites such as MySpace, Instant Messenger (AOL/AIM), Internet predators, Megan's law, Internet chat rooms and popular weblogs. For more information or to request an Internet Safety presentation, please contact the Child Abuse Policy Division at 213-978-8095.

SUMMIT ON CHILD ABUSE REPORTING IN THE HEALTH CARE SETTING

On May 20, 2008, the City Attorney held a Summit on Healthcare Based Child Abuse Reporting. The goal for this unique Summit was to convene professionals with a role in protecting children to share best practices for reducing the incidence and effects of child abuse. Participants included representatives from medical, social welfare, paramedics, law enforcement and prosecutorial agencies.

The topics for the Summit related to the child abuse identification, classification, reporting, investigation, HIPAA mandates and prosecution. Following back-to-back expert panel presentations, attendees had the opportunity to listen and learn from one another during a working group session focused on changing policies which may impede best practices in healthcare based child abuse reporting. Following the Summit, the Los Angeles City Attorney's Office prepared a follow up report summarizing the Summit's findings and outlining recommendations for best practices.

CHILD ABUSE PREVENTION LEGISLATION

The Office of the City Attorney strives to improve the quality of life for
all Angelinos. While groundbreaking programs and initiatives are a major
component of that effort, the Office's ability to help implement, change,
and interpret new laws is vital to making Los Angeles a cleaner, safer,
enriched city from children and families.

These efforts have made us active on the legislative front on the local,
regional, state, and federal levels. The Office has been instrumental in
drafting or lending its support to a variety of ordinances, codes, bills,
and laws that help make Los Angeles stronger and children safer. From
identifying and closing loopholes in existing laws to taking an innovative,
affirmative approach to solving the problems that challenge the City, our
legislative efforts are a key part of our arsenal, including but not limited
to the following:

AB 1868 (Koretz) "The Neighborhood Protection Act of 2002" Red light and
narcotics abatement legislation aimed at keeping neighborhoods safer for
children and families.

AB 2499 (Frommer) Domestic Violence and Child Sexual Assault Victim
Protection Act.

AB 319 (Frommer) Juvenile gun bill expands existing law prohibiting
juveniles convicted of specified offenses from owning or possessing
any firearm until the age of 30 including offenses involving the carrying of
concealed or loaded firearms, including firearms in vehicles.

Of particular note is SB 1666 (Calderon) Safe School Zones. This bill amends Penal Code section 626 to expand the Safe School Zones from 1,000 feet around any public school to 1,500 feet around any public or private school. By expanding Safe School Zones, this bill will allow law enforcement, school officials and prosecutors to more effectively protect the sanctity of our schools and interface with other City Attorney programs such as LA SAVES and the School Safety Prosecutor program.

Crimes which are already identified in existing law will now have enhanced
penalties so that these laws are more likely to prevent, deter and
effectively punish crimes committed in school neighborhoods.

SCHOOL-BASED CHILD ABUSE INVESTIGATIONS

Successfully combating child abuse and neglect requires a dedicated partnership among the numerous agencies with responsibility for protecting children, including: school districts, child welfare agencies, law enforcement, Health Care professionals and prosecutorial agencies. The Task Force Recommendations for Investigating Child Abuse Reported by Schools outlines best practices for stakeholders in effectively preventing and addressing child abuse situations.

CONTACT INFORMATION:

Los Angeles City Attorney Director of Child Abuse Policy:      (213) 978-8095
Los Angeles City Attorney Child Abuse Prosecution Section:  (213) 485-2352

LINKS:

Los Angeles Police Department

Interagency Council on Child Abuse and Neglect (ICAN)

National Center for Missing and Exploited Children

Child Abuse Hotline

Child Abuse Prevention Network

Children’s Bureau

Prevent Child Abuse America

National Center for Missing and Exploited Children 
24-Hour Hotline: 1-800-THE-LOST (1-800-843-5678)

Daycare Safety Tips 

Child Identification Tools

Amber Alert Information

Child Safety

Child Protection Program – California Attorney General

Megan’s Law:

California Department of Justice
California Department of Justice
Sex Offender Tracking Program
P. O. Box 903387
Sacramento, CA 94203-3870
(916) 227-4974
E-mail address - MegansLaw@doj.ca.gov

Link to list of contact information for California law enforcement agencies:

LEA Contact

Internet safety


Internet safety parent tips:
NetSmart411
SafeKids
A Parent's Guide to Internet Safety
The Police Notebook - Internet Safety