THE KITSAP COUNTY SPECIAL
ASSAULT INVESTIGATION PROTOCOL
The purpose of the Kitsap County Special Assault Investigation Protocol is to set forth minimum standards and procedures to follow in the investigation of child death, child sexual and physical abuse and criminal neglect allegations, adult sexual abuse allegations and domestic violence, and crimes against vulnerable adults, including financial exploitation1. Though ideally these standards would be applied in all domestic violence investigations, it is acknowledged that the volume of cases reported and the significant time investment inherent in such investigations may limit their application to felony level domestic violence allegations or cases involving significant risk of infliction of serious bodily injury.
These protocol are not intended as legal authority for the admissibility or non- admissibility of evidence developed in the course of an investigation. These protocol should not be used as the basis for the dismissal of any criminal charges arising from a report of child death, child sexual or physical abuse or criminal neglect, adult sexual abuse or domestic violence , or crimes against vulnerable adults, including financial exploitation. Similarly, these protocol should not be used as the basis of any civil claims stemming from a deviation from the guidelines set forth herein.
These protocol shall be reviewed on an annual basis, prior to the end of each calendar year by the board of Kitsap S.A.I.V.S (Special Assault Investigations and Victim’s Services ). Any proposed changes will be submitted to the prosecuting attorney for approval and submission
to the legislature.
It is the mission of all key participants involved in the investigation and prosecution of child death, child sexual and physical abuse cases, criminal neglect, adult sexual abuse allegations and domestic violence, and crimes against vulnerable adults, including financial exploitation to:
• ensure the safety of all victims and the public at large;
• minimize the secondary trauma of all victims and witnesses who are interviewed during the course of an investigation;
• consistently follow a framework for coordination and communication among all participants and avoidance of conflicts among participants that may hinder the effectiveness of an investigation;
• constantly strive for improvement through training, communication and critical review of current investigative practices;
• increase the overall quality of the investigation; and
• protect the rights and interests of victims and their families, witnesses and suspects.
II. ANTI-DISCRIMINATION POLICY
Kitsap S.A.I.V.S. shall not discriminate on the basis of race, color, religion (creed), gender, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of its activities or operations. These activities include, but are not limited to, the investigation and prosecution of special assault crimes, provision of victim advocacy, selection of volunteers, selection of vendors, and provision of other services. Kitsap S.A.I.V.S. will provide reasonable accommodation to people with disabilities.
III. AGENCY ROLES AND RESPONSIBILITIES
A. Key Participants Defined:
1. Group One – Mandatory Reporters (child neglect, child sexual and physical abuse and criminal neglect cases, and abandonment, abuse, financial exploitation, or neglect of a vulnerable adult cases only (as defined by these protocol); including but not limited to:
a) Law Enforcement
b) Schools, including professional school personnel c) Medical Community
d) Daycares and licensed child care providers e) Counselors/ Mental Health Professionals
f) Attorneys, including Prosecuting Attorney
g) Social Services, including victim advocate groups (See RCW 26.44.020(8) and RCW 74.34.020(11))
h) Clergy/Church
i) Probation / Department of Corrections
j) Any other mandatory reporter as required by RCW 26.44.030 and RCW 74.34.020 et seq.
k) Christian Science practitioner (vulnerable adults only)
l) Any operator of an adult facility (vulnerable adults only)
m) Any paid or volunteer employee of a social service, welfare, mental health, adult day health, adult day care, home health, home care, or hospice agency
n) A mandated reporter is not required to report to a law enforcement agency an incident of physical assault between vulnerable adults that causes minor bodily injury and does not require more than basic first aid, unless requested by the injured vulnerable adult or his or her legal representative or family member or unless:
(1) The injury appears on the back, face, head, neck, chest, breasts, groin, inner thigh, buttock, genital, or anal area;
(2) There is a fracture;
(3) There is a pattern of physical assault between the same vulnerable adults or involving the same vulnerable adults; or
(4) There is an attempt to choke a vulnerable adult.
2. Group Two – Investigators/ First Responders
a) Law Enforcement b) Coroner
c) Emergency Medical Services (EMS)
d) Child Protective Services (CPS)
e) The “Designated Child Interviewer” who is employed by the prosecutor’s office.
f) Adult Protective Services (APS)
g) Residential Care Services (RCS)
B. Roles and Responsibilities of Key Participants:
1. Group One — Mandatory Reporters
a) As mandatory reporters, all participants should respond to a disclosure or concern for child physical or sexual abuse, and incidents involving serious domestic violence acts which are seen or heard by a child and abandonment, abuse, financial exploitation, or neglect of a vulnerable adult cases, by:
b) Immediately calling 911;
c) Making a secondary call to CPS or APS at (866)363-4276, or 1-866-ENDHARM;
d) Taking appropriate measures to ensure the immediate safety of the child or vulnerable adult;
e) Inquiring of the child or vulnerable adult no more than is necessary to ensure that the child or vulnerable adult is safe;
f) Documenting all volunteered statements of the child or vulnerable adult, all questions asked and all responses of the child or vulnerable adult in a near verbatim manner;
g) Refraining from the use of leading or suggestive questions (i.e. those questions that suggest to the child or vulnerable adult what the answer should be);
h) After the initial disclosure to a mandatory reporter, the child or vulnerable adult shall not be questioned further by additional staff, concerned persons or supervisors except as is necessary to ensure the safety of the child.
Non-law enforcement mandatory reporters should never assume the role of an criminal investigator, Child or Adul) Protective Services, or Residential Care Services representative and shall allow investigators and/or child interviewers unlimited access to a child when it is necessary to conduct an interview at school (pursuant to RCW 26.44.030(10)).
2. Group Two – Investigators/ First Responders
a) Roles and Responsibilities In Emergent Situations
“Emergent” situations are those involving death, substantial injury or trauma, significant fear by the child or adult victim, risk of danger to the child or adult victim or others, or acute situations where the incident has occurred in the recent past.
1) In any case involving sudden unexpected death or serious or suspicious injuries to a child or vulnerable adult victim, CENCOM shall immediately summon law enforcement and EMS to the scene (and to summon law enforcement to the hospital if the victim is transported there).
2) Law enforcement shall respond to any child death and/or serious or suspicious injury to a child or vulnerable adult.
3) When involved, Child Protective Services Residential Care Services or Adult Protective Services and law enforcement shall respond to emergent situations by notifying each other as soon as possible that a report has been made and/or in accordance with RCW 26.44.030.
4) Priority should be given to the safety of the child or adult victim.
5) Law enforcement should take an immediate lead role in the investigation.
6) Law enforcement shall determine the need for protective custody of any children/ victims and notify CPS/APS immediately. (APS cannot take custody of an adult but if the adult victim wants an alternative placement, APS can work with collaterals for placement).
7) When the victim is a child or vulnerable adult, investigators should follow the child interview guidelines as set forth in Section V (Victim Interviews and Methods of Documentation) and Section VI (Training and Qualifications of Interviewers).
8) Good faith efforts should be made by CPS or APS to contact the identified victim(s) within twenty-four (24) hours of the receipt of the referral.
9) Child Protective Services, Residential Care Services or Adult Protective Services should defer all suspect contact to the law enforcement agency responding.
10) The crime scene shall be handled by law enforcement as per the individual law enforcement agency’s departmental guidelines. All First Responders shall refer to Kitsap County’s CPOD (Collaboration, Preservation, Observation, & Documentation) Procedures. All First Responders shall avoid disturbing the scene of a death or serious or suspicious injury to a child or vulnerable adult. In cases of obvious death, First Responders shall not move the victim any further.
11) All First Responders shall document all observations made at the scene of a death or serious or suspicious injury and provide all information to law enforcement/ investigators as soon as is possible. First Responders shall refer to Kitsap County’s CPOD procedures regarding “Observation” and “Documentation.”
Investigators shall collect any information about First Responder observations as soon as is possible.
12) The investigator shall photograph both the victim and suspect of a domestic violence incident, even if there is not any physical sign of abuse or damage. APS will need the approval of the vulnerable adult to photograph unless it is to preserve evidence.
13) The investigator shall photograph all children in the home at the time of a domestic violence incident.
14) The investigator shall obtain a written statement from any adult victim of domestic violence.
15) The investigator shall thoroughly photograph the crime scene and/or location(s) where the incident took place, consulting with the law enforcement agency’s crime scene unit as appropriate and seize all relevant evidence. First Responders should strongly consider photographing the scene, where possible.
16) The investigator should utilize the SAIVS Protocol Field Guide when responding to a report of domestic violence or sexual assault.
17) The investigator shall obtain a signed medical release form as soon as is possible from any victim of domestic violence or sexual assault.
18) The investigator shall make an immediate determination of the need for a medical or forensic examination of the victim (i.e.: any sexual contact within the past five days may warrant a forensic examination).
19) Forensic examinations should be referred to Harrison Medical Center’s Sexual Assault Nurse Examiner (SANE) program.
20) The investigator will provide the victim with a victim’s right packet.
21) The investigator shall obtain a report from CENCOM and/or ILEADS regarding past calls to the home.
22) Investigators should consult with the prosecutor’s office as early as possible in the investigation or as legal issues arise.
23) All referrals regarding child death, child physical or sexual abuse, criminal neglect, adult sexual abuse or domestic violence, or abandonment, abuse, financial exploitation, or neglect of a vulnerable adult shall be forwarded to the Prosecutor’s office by law enforcement. No investigation shall be submitted for review by the prosecutor unless all investigative avenues have been explored by all agencies involved and/or an arrest has been made.
24) Victims must be notified of the right to have an advocate made available to them and such requests shall be accommodated when:
(a) A medical evaluation with the SANE program is performed;
b) A formal interview is conducted at the Prosecutor’s Office or any interview is scheduled;
(25) A victim advocate shall be made available to a victim when:
(a) Requested by a victim or victim’s family or legal representative; or
(b) An investigator or First Responder identifies a need for an advocate.
b) Roles and Responsibilities In Non-Emergent Situations
“Non-Emergent” situations are those that do not rise to level of “Emergent,” or those situations where the abuse occurred in the past, the victim or others are not at immediate risk, the victim is not facing immediate contact with the perpetrator and there is no crime scene to be contaminated or destroyed.
(1) When involved, Child Protective Services or Adult Protective Services and law enforcement shall respond to non-emergent situations by notifying each other as soon as possible that a report has been made and/or in accordance with RCW 26.44.030
(2) When the victim is a child, Child Protective Services should take an immediate lead role in the investigation of cases, until such time as law enforcement becomes involved. CPS will make a referral to law enforcement and the prosecutor’s office and will share information as is legally appropriate.
(3) When the victim is a vulnerable adult, Adult Protective services or Residential Care Services should take an immediate lead role in the investigation of cases, until such time as law enforcement becomes involved. APS or RCS will make a referral to law enforcement and the prosecutor’s office and will share information as is legally appropriate.
(4) When the victim is a child or vulnerable adult, investigators should follow the interview guidelines as set forth in Section V (Victim Interviews and Methods of Documentation).
(5) Child Protective Services and law enforcement should defer any child interview to the designated child interviewer employed by the prosecutor’s office.
(6) Upon the request of law enforcement, Child Protective Services, or Adult Protective Services, the prosecutor’s office’s designated child interviewer will conduct interviews of vulnerable adult victims according to the guidelines in Section V (Victim Interviews and Methods of Documentation).
(7) Investigators shall contact all persons to whom the victim has made prior disclosures and shall document as near verbatim as possible the disclosures that were made.
(8) CPS shall make good faith efforts to contact identified victim(s) within seventy-two (72) hours of the receipt of the referral. APS shall follow APS priority guidelines for contact with identified victims.
(9) The investigator shall make a determination of the need for a medical or forensic examination.
(10) Forensic examinations should be referred to Harrison Medical Center’s SANE program.
(11) Investigators should consult with the prosecutor’s office as early as possible in the investigation or as legal issues arise.
(12) Suspect and witness contact should be deferred to law enforcement when law enforcement is involved in the investigation and/or it appears that the allegation is criminal in nature.
(13) Continued contact with the victim or victim’s family or legal representative by the lead investigative agency is strongly encouraged.
(14) The investigation should be completed and/or forwarded to the Prosecutor’s office within four (4) months of the original referral. However, no investigation shall be submitted for review by the prosecutor unless all investigative avenues have been explored by all agencies involved and/or an arrest has been made.
(15) Victims must be notified of the right to have an advocate made available to them and such requests shall be accommodated when:
a. A medical evaluation with the SANE program is performed;
b. A formal child or vulnerable adult interview is conducted at the Prosecutor’s Office or any interview is scheduled;
(16) A victim advocate shall be made available to a victim when:
a. Requested by a victim or victim’s family or legal representative; or
b. An investigator or First Responder identifies a need for an advocate.
c) Law Enforcement/CPS/APS/RCS Communication.
1. Making/Sharing referrals:
a. CPS/APS/RCS referrals and Law Enforcement reports shall be transmitted from the originating agency to the receiving agency by either mail or electronic means.
b. If an agency’s preferred method of transmission is mail, the agency will fax or send electronically any report/referral that is deemed emergent in nature to ensure the quickest possible coordination of response.
c. The agency sending the reports will provide the receiving agency with a summary list of the referrals/reports sent on a schedule agreed upon by both agencies. This will allow the receiving agency to verify receipt of the reports/referrals.
d. If agency sending the report is pursuing an investigation, the assigned investigator will contact the designated point person at the agency receiving the report by phone to facilitate coordination of investigation.
e. Reports should include all available information regarding the name and address of alleged victim, the name and address of the subject of the allegation, the details of the alleged abuse, and any action taken.
2. When a child is taken into protective custody:
a. The assigned CPS investigator shall contact the Law Enforcement agency responsible for protective custody by phone to obtain as many details as available regarding the situation leading to protective custody. Each Law Enforcement agency shall designate a primary and secondary point of contact to ensure that direct communication with the agency is made and messages are not left for officers not on shift.
b. When CPS is considering returning a child who has been placed into protective custody home, Law Enforcement shall be notified telephonically through the identified points of contact at the earliest possible time prior to the final decision being made.
c. Law Enforcement shall be notified of any staffings related to the return of children as soon as possible to allow them to participate or provide additional information regarding the circumstances of the protective custody and the safety of the children. Law Enforcement will have the opportunity to provide information prior to the staffing through conversations with the CPS investigator, to be physically present at the staffing, or to participate telephonically in the staffing.
3. When a vulnerable adult appears at risk:
a. When law enforcement encounters a possible vulnerable adult apparently at risk, they should make all efforts to contact APS Intake (1-800-EndHarm) to explore services and/or protective measures available to the vulnerable adult.
C. Joint Investigation Procedures in Death, Sexual and Physical Abuse, or Criminal
Neglect Investigations
A “joint investigation” occurs when multiple agencies are involved in the investigation of any death or physical or sexual abuse, or criminal neglect, or incidents involving serious domestic violence acts. While the need for joint investigations will most often be limited to allegations of death, sexual or physical abuse of a child or vulnerable adult, the following protocol should be relied upon by investigators when multiple agencies and/or jurisdictions are involved in the investigation of adult sexual assault or domestic violence.
1. Who Conducts the Interview.
a) See Section V ( Victim Interviews and Methods of Documentation) of these protocol.
(1) All child sexual assault victims under the age of sixteen (16) shall be interviewed by the prosecutor’s office designated child interviewer unless it is apparent that there is risk to the immediate safety of the child or public and/or there is a crime scene at risk of contamination that requires more information that can only be obtained from the child. The child interviewer may interview child victims of physical abuse when deemed appropriate by a Special Assault Prosecutor and/or by MDT member(s).
(2) Law enforcement may refer a victim to the prosecutor’s office child interviewer for any age vulnerable adult victim or victims over the age of sixteen (16), when appropriate.
(3) The prosecutor’s office shall maintain documentation of all interviews. Where near verbatim reporting is used, the documentation shall include a record of all questions asked and answers given as well as any spontaneous statements made. Where video recording is used, the documentation shall consist of a Digital Video Disc (DVD) recording and the interviewer’s written summary.
(4) The prosecutor’s office shall designate a back-up plan for those cases where the child interviewer is not available during regular business hours for emergent interviewing. This should not affect the referral process by law enforcement.
2. Investigating Officer’s Duties Regarding Children and Vulnerable Adults . If the reporting party can provide information regarding the identity of the perpetrator, the general nature of the allegations, the general time frame and general location of the crime, then no interview should be conducted by the investigating officer.
a) Consultation with a child sexual abuse investigator within the agency’s department and/or with a Special Assault Unit prosecutor should be performed when there is a question regarding whether an on-scene interview should be conducted.
b) Each law enforcement agency shall designate an investigator to be available for twenty-four hour consultation regarding the necessity of interviewing a child victim of sexual or physical abuse and what specific questions should be asked during such an interview. It is encouraged that this investigator attend the Harborview Child Abuse Investigative Interview Training.
c) Law enforcement shall inquire of their agencies on call investigator or a Special Assault Unit Deputy Prosecuting Attorney prior to conducting any interview with any child under the age of ten, or any vulnerable adult.
d) With child victims under the age of ten or any vulnerable adult, no more information shall be solicited by the investigating officer than is reasonably necessary to meet the above described needs though sensitivity and discretion should be given to a victim who wishes to divulge more.
e) Spontaneous statements by any victim shall not be cut off.
f) The law enforcement agency shall maintain documentation of any interview it conducts, and shall conduct near verbatim reporting of the questions asked and answers given as well as any spontaneous statements made.
3. CPS (APS) Duties.
a) In those cases where law enforcement or prosecutor involvement is not warranted but Child Protective Services or Adult Protective Services must still investigate the referral, CPS/APS shall designate a primary interviewer who is properly trained and qualified to conduct such interviews (as per Section VI of this protocol).
b) Near verbatim reporting or audio recording per CPS/APS protocol of the questions asked and answers given as well as any spontaneous statements made shall be conducted in all sexual assault and physical abuse investigations.
4. Who Observes the Interview.
a) The preferred method of interviewing a victim is in a one-on-one situation with no parent(s), relatives legal guardians or other potentially interested party present.
b) Consideration of the Victim’s Bill of Rights shall remain a priority in all interviews.
c) Law enforcement and CPS/APS may observe any interview via closed-circuit TV in the course of their investigation; however, parents/relatives/guardians will not be permitted to observe the interview.
5. Who Is Responsible For Documenting Interview
a) Whoever asks the questions during the interview shall have the primary responsibility for documenting the questions asked and answers given in a near verbatim manner.
6. Which Agency Is the Custodian of Documentation
a) Whoever documents the interview is deemed the “primary keeper of the record.” Release of the record to a non-criminal justice agency is controlled by statute. (See RCW 42.17) The “record” or the “interview” includes any video or audio recordings, transcripts or written summaries of the interview.
b) “Criminal justice agency” is defined in RCW 10.97.030.
1) A record of an interview shall not be released to a non-criminal justice agency without prior screening by an attorney for the record-keeping agency.
2) If an agency that possesses a copy of the interview record receives a request for release of the interview record, they shall consult with or notify the documenting agency prior to release of the interview record. If an out-of-county criminal justice agency requests a copy of the interview the request shall be directed to the primary keeper of the record.
3) When the documenting agency releases a copy of the interview record to a criminal justice agency, the originating agency shall stamp the copy with an advisory statement cautioning that the copy shall not be released to non-criminal justice agency without the approval of the prosecutor’s office.
7. How Team Members, Other Than The Custodian, Are To Access
Documentation of the Interviews or Investigations
1) Prosecutor Interviewer Records:
(1) A hard copy of the interview shall be forwarded to the appropriate law enforcement agency.
(2) Verbal confirmation of what is contained in the interview record may be given to CPS or APS, or CPS/APS may review the record on the prosecutor’s office premises.
(3) Upon request, a hard copy of the interview record may be given to CPS or APS if necessary for Court purposes.
(4) A hard copy shall be forwarded to DSHS Division of Licensed Resources (DLR), if requested.
(5) A limited, verbal summary of what is contained in the interview record should be provided to the appropriate forensic examiner for referral purposes.
(6) Victim advocates shall not receive information with respect to the contents of the interview.
2) Forensic Medical Examiner Reports:
(1) Any interview conducted by a forensic examiner shall become part of the forensic charting.
(2) A hard copy of the forensic charting shall be released immediately to the appropriate law enforcement agency and to the prosecutor.
(3) Contact with the prosecutor should be made if there is any request for release of this report to anyone besides law enforcement or the prosecutor.
(4) CPS or APS can immediately access verbal information regarding the forensic examination via the hospital or the prosecutor.
(5) Upon request made to the Prosecutor’s Office, a hard copy of the interview may be given to CPS or APS, if necessary for Court purposes.
(6) Victim advocates shall not receive any release of information with respect to the interview.
3) CPS or APS Interviews and/or Investigative Reports:
(1) Upon request, a hard copy of the investigation or copy of any audio recordings made shall be released immediately to the appropriate law enforcement agency and to the prosecutor.
(2) If a disclosure is made during the course of a CPS or APS interview, the interview shall be released immediately to law enforcement and the prosecutor.
(3) The designated medical agency can access limited, verbal information for referral purposes.
(4) Victim advocates shall not receive any release of information with respect to the interview.
(5) If there is a request for a copy of the interview by a non-criminal justice agency when a criminal investigation is pending, the Attorney General’s office will contact the prosecutor or law enforcement to determine if the safety of the victim or other legal basis exists to deny the release at that time.
8. Who Convenes A Multi-Disciplinary Investigation
a) See Section VIII (Case Review) of these protocol.
b) Generally, “multi-disciplinary investigation” is deemed to be the joint sharing of information and collaborative investigative efforts as set forth in these protocol.
c) Any agency member of the multi-disciplinary investigation (ie: law enforcement, prosecutor, medical staff, CPS, or APS) can request a staffing and collective determination of an investigative plan.
9. Dispute Resolution
In criminal investigations where disputes regarding the investigation arise, the prosecutor will have the ultimate authority to resolve the dispute but only after the key participants in the multi-disciplinary investigation have met and discussed all of the issues. The prosecutor will be given deference only if the key participants are unable to reach a joint resolution.
IV. SUSPECT AND WITNESS INTERVIEWS
The procedures set forth in Section III (Agency Roles and Responsibilities) of these protocol are adopted.
V. VICTIM INTERVIEWS AND METHODS OF DOCUMENTATION FOR CHILDREN AND
VULNERABLE ADULTS
A. An interviewer shall:
1.Make all efforts to conduct a thorough interview that enhances free recall while keeping in mind the person’s developmental level, cultural and language needs and emotional well-being;
2.Adhere to the current accepted standards and practices of forensic child interviewing.
B. Who conducts the interview shall be governed by Section III (Agency Roles and Responsibilities) of these protocol.
C. Methods of documentation of the interview:
1.The prosecutor’s office shall conduct video recording or near-verbatim recording of all questions asked, responses given and any spontaneous statements made regarding sexual abuse. These methods are recommended to document statements regarding physical abuse.
2.The authorized methods for recording interviews are video recording and near verbatim note taking. The committee shall re-convene and assess the value of the alternative means of recording as established or tested through the pilot projects put into place via state legislation.
3.Original written notes of an interview shall be retained until such time as a video recorded interview is verified to be completely and accurately recorded or a near verbatim report has been generated.
D. Who Observes the Interview.
1. The preferred method of interviewing a victim is in a one-on-one situation with no parent(s), legal guardians, relatives or other potentially interested party present.
2. Consideration of the Victim’s Bill of Rights shall remain a priority in all interviews.
3. Law enforcement and CPS/APS/RCS may observe any interview via closed- circuit TV in the course of their investigation; however, relatives, legal guardians or other potentially interested party will not be permitted to observe the interview.
E. Video Recording – Procedures to Inform the Victim.
1. At the start of the interview, the interviewer shall inform the victim that the interview is being video recorded. If the victim refuses to be interviewed while being video recorded, then the interviewer shall conduct the interview using near verbatim reporting.
F. Video Recording – Designation and Processing of Recordings .
1. After the interview concludes, the interviewer shall verify that the DVD in fact captured the interview.
2. The prosecutor’s office shall maintain an archive system of video recordings, with a log to track:
(a) when the prosecutor’s working copy is checked out for use by deputy prosecuting attorneys or their investigators,
(b) when a copy is made for the defense or for court purposes,
(c) when defense copies are returned after the conclusion of a case and
(d) the final destruction or archiving of each DVD.
3. Immediately after an interview concludes, the interviewer shall log the recordings into the prosecutor’s archiving system.
4. As soon as possible after completing an interview, the interviewer shall write an executive summary consisting of identifying information and a summary of disclosures made and issues identified during the interview
G. Video Recording – Procedures for Distribution and Storage by Law Enforcement.
1. After the recordings are checked into the prosecutor’s archive system, the interviewer shall notify the law enforcement agency that the interview is complete and the law enforcement recording is available for pickup.
2. The investigating detective or his/her designee shall personally pick up the law enforcement recording from the prosecutor’s office. The investigating detective or designee shall immediately deliver the law enforcement recording to the agency’s evidence custodian, or shall deliver it to the custodian as soon as possible after viewing the DVD. The investigating detective or designee shall remain with the recording until it is entered into the law enforcement agency’s evidence tracking system.
(a) The investigating agency shall not
(1) copy the recording,
(2) play the recording on a computer connected to any computer network or the internet,
(3) upload the recording onto a computer hard drive or any other electronic storage media, or
(4) otherwise disseminate the recording without specific approval of the prosecutor’s office.
H. Video Recording – Procedures for Protection Orders and Release to Defense Counsel.
1. If a case is charged where a video recording is subject to disclosure pursuant to Criminal Rule 4.7, the prosecutor’s office shall notify defense counsel of the recording’s existence. If defense counsel asks to view the recording, the prosecutor’s office shall facilitate a viewing on prosecutor’s office or law enforcement premises. If defense counsel requests a copy of the DVD, the prosecutor’s office shall release a copy of the DVD upon entry of a protection order by the court.
2. In each case where the prosecutor’s office releases a copy of the recording to defense counsel, the parties must first enter a protection order that meets or exceeds the protections found in the sample protection order attached hereto as “Appendix A”.
I. Video Recording – Procedures for Security of Recordings, Long-term Storage and Final Destruction of Recording.
1. The prosecutor’s office is responsible for securely storing the prosecutor’s recordings and copies made thereof. Deputy Prosecuting Attorneys or their investigators may view a DVD by checking it out of the archive system and then checking it back into the system immediately after viewing. In no instance may the prosecutor’s recording be removed from the premises of the prosecutor’s office without explicit permission by the supervisor of the special assault unit.
2. The prosecutor’s office will track all recordings, whether original or copied, and shall destroy recordings or document destruction of recordings according to the following schedule:
(a) Law Enforcement Recording – Maintained by Agency: Returned for destruction upon request of prosecutor’s office after determining that statute of limitations for all potential charges involving all potential defendants is exhausted. The law enforcement agency may also destroy the DVD and submit a certification of destruction made under penalty of perjury;
(b) Law Enforcement Recording – Submitted into Evidence: Returned for destruction by the Superior Court’s Clerks Office after issuance of a mandate or after non-conviction disposition of the case.
(c) Defense copy – Returned for destruction five days after resolution of the case by plea, verdict or dismissal.
(d) Copy of Prosecutor’s Recording Made for Internal Use – Returned for destruction immediately after completion of work with recording.
(e) Prosecutor’s Recording – Destroyed the later of (a) exhaustion of the time for appeal and collateral attack in cases where defendants are convicted, or (b) when there is no reasonable possibility that the recording can be used in any criminal prosecution, two-or-three-strikes sentencing, or civil commitment proceeding.
J. Video Recording – Procedures for Pro Se Defendants.
1. In no event will DVD recordings or copies thereof be issued to a defendant who represents himself or herself.
2. In the event that a pro se defendant demands viewing of a video recorded interview and the Court orders the viewing, law enforcement shall facilitate a supervised viewing of the law enforcement recording.
K. Adult Victim Interviews.
1. Investigators shall make all efforts to conduct a thorough interview that enhances free recall while keeping in mind the victim’s cultural and language needs and emotional well being.
2. Near verbatim recording of the interview is encouraged.
3. See Section III (Agency Roles and Responsibilities) and Section X (Methods of Protecting Child and Adult Victims During An Investigation) of these protocol for further victim interview guidelines.
I. TRAINING AND QUALIFICATIONS OF INTERVIEWERS AND MULTI-DISCIPLINARY TEAM MEMBERS
A. “Primary Interviewers” are those who have primary responsibility for interviewing, including:
1. The “Designated Child Interviewer” employed by the prosecutor’s office; or
2. CPS/APS/RCS workers assigned to investigate child and/or vulnerable adult sexual abuse allegations.
B. Training of all Primary and Designated Interviewers shall be according to the following:
1. All “Primary Child Interviewers” shall complete the minimum statutory training required by the state of Washington.
2. The Harborview training model or its equivalent is encouraged training for all “Primary Child Interviewers.”
3. Any “Designated Child Interviewer” shall receive the Harborview training or its equivalent prior to being selected as the “Designated Child Interviewer” or assuming that role.
C. Training Goals of Primary and Designated Child Interviewers:
1. “Primary Interviewers” shall have the requisite statutory training and should attend the yearly refresher Harborview training or its equivalent, when possible.
2. Each law enforcement agency shall make efforts to send personnel to the Harborview child interviewer training or its equivalent each year.
3. Interviewers are encouraged to meet on a regular basis (at least two times a year) to discuss current interview trends and research issues. These meetings shall be convened and the agenda set by the “Designated Child Interviewer.”
4. Law enforcement, CPS/APS/RCS and the prosecutor’s office should make efforts to send their Primary and Designated interviewers to the Harborview peer review meetings regularly.
D. Training Goals of Multi-Disciplinary Team (MDT) Members:
1. Training is routinely provided to all of the MDT members through their own agencies as well as through trainings conducted by Kitsap S.A.I. V.S.
2. MDT members shall try to attend at least one “Team Training” per year.
J. MEDICAL EVALUATION, EVIDENCE AND TREATMENT
The primary purpose of the medical evaluation is to provide medical care to the patient/ victim. Where appropriate, forensic evidence will be observed, documented and collected.
A. Designated providers:
1. EMS Personnel.
2. Harrison Medical Center’s Sexual Assault Nurse Examiner Program (SANE) is recognized as the qualified and designated medical forensic program in this community.
B. Referral Sources for Harrison Medical Center’s SANE program:
1. Law Enforcement
2. Child Protective Services (CPS)
3. Adult Protective Services (APS)
4. The Prosecutor’s Office
5. Hospital Emergency Department/Social Worker
6. EMS/ First Responders
7. Medical Community
8. Residential Care Services (RCS)
*A Referral to SANE for exam by a mandatory reporter does NOT relieve that reporter from their statutory duty to report to CPS/APS/RCS or Law Enforcement.
C. Emergency Medical Services/ First Responders Response for Children Under the Age of Eighteen (18) or Vulnerable Adults:
1. Ensure safety and provide medical aid as needed to save or assist the child or vulnerable adult.
2. If the victim is clearly dead:
(a) Do not move the body;
(b) Be careful not to destroy potential evidence;
(c) In cases of sudden, unexpected child death, refer to SUIDI Form;
(d) EMS shall complete a Reporting Form and share all information with the Coroner.
3. Make sure Law Enforcement has been notified (whether you stay at the scene or not):
a) Provide your contact information to Law Enforcement.
4. Document all adults and children present.
a) Include who has left the scene;
b) Document what they did and said; their appearance;
c) Document their reactions to death or injury.
5. Document all statements and demeanor (emotional state) of speakers:
a) ASAP and verbatim;
b) Explain your job is to provide medical aid;
c) Ask for caretaker explanation; request details;
d) Record observations of both words & actions.
6. Document all your observations of the environment ASAP:
a) Focus all your senses on the surroundings;
b) Describe scene accurately & completely;
c) Possible mechanism of injury present?
7. Consider & record victim’s developmental level.
a) Compare reasonableness of history given regarding mechanism of injury to victim’s age & developmental abilities and scene observations.
8. Know signs of possible abuse & neglect:
a) Physical abuse: Unexplained broken bones, bruises, black eyes, cuts, burns, welts; pattern injuries, bite marks; reports of injury received from an adult caretaker, etc.
b) Sexual abuse: Difficulty walking or sitting, inappropriate interest or knowledge of sexual acts, reports of inappropriate touching, etc.
c) Neglect: obvious lack of hygiene; back of head flat; severe diaper rash; bed sores; hungry; underweight; lack of food, formula or care; parent or child or caregiver use of drugs or alcohol, over-medication of the victim, or withholding medication, evidence of physical restraint, signs of lack of supervision, etc.
9. First Responders/ EMS shall refer to Kitsap County CPOD procedures.
D. Duties of the Sexual Assault Nurse Examiner
1. The Sexual Assault Nurse Examiner shall endeavor to document if known, or if ascertained for medical or forensic diagnostic purposes*:
a) The time frame of the incident;
b) Whether the present situation is an acute or non-acute case;
c) When was the last incident;
d) The nature of the sexual abuse alleged;
e) The family’s ability to protect the victim or other children or vulnerable adults in the home.
*The Sexual Assault Nurse Examiner is not a forensic interviewer and shall not purposefully engage in an interview of the victim except as is necessary for diagnostic or treatment purposes.
2. SANE shall ensure that the victim/case is engaged with one or more of the following agencies (either before or after the examination):
a) Law Enforcement;
b) The Prosecutor’s Office;
c) Child Protective Services Residential Care Services or Adult Protective Services;
d) Hospital Emergency Department/Social Worker;
e) KSAC;
f) YWCA;
g) Any other Victim Advocacy Program.
3. SANE shall identify whether an examination is needed.
a) SANE shall follow established state wide protocols to make this determination.
b) No exam conducted pursuant to this Protocol will be conducted without proper report to Law Enforcement, CPS/APS/RCS or an emergent referral through the Hospital ED.
4. SANE shall identify whether the case is acute or non-acute.
E. Harrison Medical Center/ SANE Responsibilities in Acute Situations
“Acute” situations are those where the victim/patient needs an immediate forensic/medical exam based on the time frame. The time frame is as follows: (1) For children twelve (12) and under, there is a clear disclosure by the child and/or the incident was witnessed by an adult and it has been 72 hours or less since their last contact with the perpetrator; (2) For adolescents and adults, it has been – 120 hours or less since the last contact with the perpetrator.
1. Triage by hospital staff to determine the necessity of the medical exam and forensic evidence collection.
2. If an exam is to be performed immediately, the Hospital will page the on-call nurse examiner, the on-call sexual assault advocate and the Hospital’s social worker.
3. If no exam is to be performed immediately, the hospital’s social worker will meet with the victim and refer the victim for a SANE examination..
4. Law Enforcement and/or CPS shall be notified at any point during an acute exam where immediate intervention of that agency is necessary.
5. SANE shall obtain a signed medical release from the victim that is effective for ninety (90) days.
6. After an examination is performed:
a) SANE shall share information as described in Section IX (Information Sharing) of these protocol.
b) The forensic evidence kit (accompanied by forensic SANE chart and medical release) shall be turned over to Law Enforcement for pick-up.
c) A follow up exam shall be offered as appropriate and information regarding scheduling a follow up exam will be contained in the hospital discharge instructions.
d) SANE shall refer the patient to counseling or victim’s services as appropriate.
e) Any dictation generated after the examination shall be forwarded directly to law enforcement.
F. Harrison Medical Center/ SANE Responsibilities in Non-Acute Situations.
“Non-Acute” situations are those situations where an adult or adolescent victim/patient had contact with the perpetrator over 120 hours ago, or those situations where a victim/patient aged twelve (12) and under had contact with the perpetrator over 48 hours ago.
1. Triage by hospital staff to determine the necessity of the medical exam and forensic evidence collection.
2. If an examination is to be performed, the intake person shall schedule an appointment that is to take place within 3 weeks and coordinate sexual assault victim advocate contact.
3. If there is no need to schedule an examination, the intake person shall make appropriate referrals to the appropriate agencies.
4. After an examination, is performed:
a) Cencom should be contacted to identify the jurisdiction of the law enforcement agency, if unknown.
b) SANE shall share information as described in Section IX (Information Sharing) of this protocol.
c) SANE shall refer the patient to counseling or victim’s services as appropriate.
G. Privacy of the Forensic Examination
1. Priority shall be given to maintaining the privacy of the victim with respect to maintaining the photo documentation of the examination.
2. Absent extraordinary circumstances, the photo documentation shall be viewed only by medical personnel for forensic and diagnostic purposes.
H. Mental Health/ Counseling Referrals for Victims and Non-Offending Family Members:
1. Mental Health services are always offered and referrals for services are made by KSAC, DSHS, YWCA, and other Victim Advocacy Programs.
2. Mental Health services are available and accessible through Kitsap Mental Health Services (KMHS), DSHS, KSAC and other Victim Advocacy programs regardless of the ability to pay.
VIII. CASE REVIEW
*These protocol are to be liberally construed and should not act as a deterrent to any member of the Multi-Disciplinary Team to convene the team on any particular case.
A. Criteria Defining Complex Cases Where Multi-Disciplinary Team (MDT) Staffings Are Mandatory:
1. Any child/vulnerable adult death resulting in criminal charges.
2. Multiple victims are apparent outside of same family.
3. Multiple Jurisdictions (more than one law enforcement agency and/or more than one CPS/APS Office).
4. Multiple suspects/perpetrators.
5. Abuse within an institutional setting where:
a) A group, organization, or facility has care of the victim(s).
b) The suspect is an employee, volunteer, member, participant, or otherwise normally associated with the institution.
c) Possibility of multiple victims or a perpetrator with access to multiple victims.
d) The suspect or victim is a family member or employee of a MDT member agency.
B. Core Team Membership
1. Law Enforcement (Each agency involved)
2. Prosecutor
3. Division of Child and Family Services (CPS)
4. Adult Protective Services (APS)
5. Division Licensed Resources (CPS and APS and RCS)
6. Attorney General
7. EMS
8. Coroner
9. Representative from the non-law enforcement agency who initiated the investigation.
10. Medical community representative; contracted with by the prosecutor’s office for consultation regarding necessity or advisability of forensic medical examinations.
11. Kitsap Mental Health Services (KMHS) or Other mental health provider(s).
12. Residential Care Services (RCS), if applicable
13. Others:
C. Who Convenes The Team
a) Victim
Services (KSAC, SANE, YWCA,
other victim advocacy programs).
i) When the team is convened, a representative of victims services shall be notified that the team has been convened and shall be notified if it is expected that the agencies will be impacted. Victims Services shall be relied upon in a consult capacity as needed and shall be afforded the opportunity to address the team at their discretion.
ii) Probation Officer(s), Department of Corrections (DOC)
iii) Other Interested Members of the Community.
(A) Other interested members of the community may be provided an opportunity to share information with the team as approved by the team.
1. Any representative from the core team membership.
2. Each member agency shall independently designate within their agency who has the authority to convene the MDT.
D. How Is The Team Convened
1.By contact with the head of the Prosecutor’s Special Assault Unit who will then be responsible for contacting members and designating time and place for meeting of core members.
E. What Are The Time Frames
1. When a complex case is identified by any team member they shall immediately notify the head of the Special Assault Unit (SAU). The SAU head shall have discretion in setting the time for a MDT meeting but shall convene team prior to any action being taken by any core member or prior to expiration of any compulsory time period applicable to any member (i.e. team must meet so DLR can meet 24 hour deadline). This shall not preclude any necessary emergency response by a team member agency to ensure the protection of the victim or integrity of the investigation.
2. The Team in its entirety, or a fraction thereof, shall meet or otherwise communicate prior to any further contact or further interview of victim, alleged suspect, or witness.
F. Functions of The Team:
1. At the meeting decisions shall be made as to each of the following, as applicable:
a) Who will take the lead in the investigation.
b) Who will contact and/or interview the suspect(s).
c) What steps will be taken to avoid contamination of possible victims: ie; using multiple interviewers, provision of only limited case information to interviewers, assurance that interviews are conducted pursuant to accepted interviewing protocols or standards.
d) How will the investigation be handled if a victim reports details that may have a bearing on other potential victims.
e) How can this information be used without compromising the investigation or contaminating the other witnesses.
f) Will potential victims be kept from speaking with other potential victims, and if so, how may that impact their well being.
g) How will the interviews be documented.
h) How will parents, guardians and others who may have been at risk of victimization be notified.
i) What information will be provided to them.
j) Who will be identified as the person these individuals are to contact regarding the investigation.
k) Which person will be designated to speak with the media.
l) Are other resources needed by the team or group members.
m) When should periodic meetings be scheduled to analyze and review progress, update information, and debrief the investigation.
G. Ongoing MDT Team Functions:
1. At the initial team meeting, the MDT team shall establish a plan or schedule for future meetings and a preliminary assessment as to the time frame of the investigation.
2.Termination of a particular MDT shall be by the consensus of members. At the termination meeting, members shall debrief and critique the efficacy of the team’s work for the purpose of improving future MDT function.
3. No investigation shall be submitted for review by the prosecutor unless all investigative avenues have been explored by all agencies involved and/or an arrest has been made.
H. Documentation Of MDT Staffings
1. A case assignnment log designating specific tasks and time frames for completion of the same shall be maintained.
2. Documentation is to be maintained by lead law enforcement agency or CPS (APS/RCS) if law enforcement is not involved.
3. All efforts shall be made to maintain the utmost confidentiality of MDT discussions as work product. The goal shall be to engender a free flow of information and ideas without compromising the confidentiality of the teams’ work.
I. Information Sharing
1. Any recommendations about the case shall be communicated to the MDT members through the meeting minutes published after each Special Assault Unit meeting, or through a special memorandum if the meeting is held outside of the normal meeting time.
2. A mental health professional will be encouraged to provide input at case review stallings and provide information about specific cases or general 1ssues as allowed by professional privilege and confidentiality standards.
IX. INFORMATION SHARING
Information shall be shared pursuant to the guidelines set forth in these protocol, according to each agency’s departmental policies, Kitsap County’s CPOD procedures and as controlled by statute.
X. METHODS OF PROTECTING CHILD AND ADULT VICTIMS DURING AN INVESTIGATION
A. First priority shall always be the health and welfare of a victim.
B. The number and extent of victim interviews shall be limited according to the guidelines set forth in Section III (Agency Roles and Responsibilities) of these protocol.
C. In determining whether additional interviews shall be conducted, consideration will be given to the emotional welfare of the victim and/or the input of a child victim’s or vulnerable adult’s parents or guardians (to the extent that they are not suspects or seeking to protect possible suspects.)
D. Investigators shall seek the least intrusive of protective measures for a child/vulnerable adult victim.
E. All criminal justice agencies will provide written information regarding victim’s services or resources to the victim at the time of the report of the crime.
F. Sharing of investigatory information shall be according to the guidelines set forth in Section III (Agency Roles and Responsibilities) of these protocol.
G. These factors are not exclusive or exhaustive; the Kitsap County Special Assault Investigation Protocol in its entirety is designed to protect the child or adult victim while maintaining the integrity of the investigation.
XI. CASE TRACKING AND CLOSURE
A. A decision to decline to prosecute shall be made by the reviewing prosecutor with written notice provided to the investigating law enforcement agency and written notice to the named victim, when appropriate.
B. Each law enforcement agency and/or CPS/ RCS/ APS shall close cases in accordance with their agency’s protocol with appropriate notification to the named victim as the per agency guidelines.
C. No death, physical abuse, criminal neglect, sexual assault or domestic violence investigation shall be closed without disclosure of the investigative results to the prosecutor. No investigation shall be submitted for review by the prosecutor unless all investigative avenues have been explored by all agencies involved and/or an arrest has been made.
D. See Section VIII (Case Review) of these protocol for further case closure guidelines.
E. Each agency shall maintain and track case information per the agency’s policies and procedures.
F. The Child Interviewers, Law Enforcement, Prosecutors, SANE and DSHS shall track and receive case information about a child sexual assault client/victim demographics including:
1. Age;
2. Ethnicity;
3. Disability;
4. Gender; and
5. Any other statistical data required by National Children’s Alliance Accreditation standards.
XII. HUMAN TRAFFICKING/ COMMERCIAL SEXUAL EXPLOITATION
Kitsap County recognizes that investigations into human trafficking are unique from those involving sexual assaults. Human trafficking investigations involve child victims and adult victims, and although they involve some of the complexities of both sexual assault and domestic violence related cases, they are unique and require their own protocols. The purpose of these protocols is to provide consistent and comprehensive investigations amongst the numerous agencies that participate in the investigation, prosecution, and provision of advocacy of these human trafficking cases.
Definitions
1. Child victim – A person under the age of 18, who is recruited, harbored, transported, and/or obtained for the purposes of a commercial sex act and/or sexual exploitation. Child victims should be distinguished from adult victims because of the placement issues, need for forensic child interviews, and other complexities that may arise.
2. Adult victim – A person 18 or older, who is recruited, harbored, transported and/or obtained for the purposes of a commercial sex act. Adult victims are particularly vulnerable because a vast majority were recruited and entered into the commercial sex trade when they were minors.
3. Prostitute – Individuals (minors and adults) who are involved in the commercial sex industry.
4. Human Traffickers or “Pimps” – Individuals who recruit, harbor, transport, obtain and/or exploit another person for the purpose of commercially profiting from their sexual trade.
5. Joint Investigation – Generally, a joint investigation is deemed to be the joint sharing of information and collaborative investigative efforts as set forth in these protocol.
6. Human Trafficking Investigations – primarily done by detectives specializing in this area and conducting proactive investigations targeting human traffic related cases.
7. Other Law Enforcement – primarily patrol officers and street contact(s) not specifically targeting human trafficking. This can also include detectives working in other areas (i.e., drugs, burglaries, assaults, and domestic violence) that involve possible human trafficking related information.
8. “Johns” – Individuals who solicit or attempt to solicit commercial sex.
Law Enforcement Investigations
1. Human Trafficking Investigations
A. Child Victims
1.) Advocate shall be notified and/or utilized immediately by calling Kitsap Sexual Assault Center (KSAC) at 1-(866) 831-2050 or (360) 479-8500.
2.) The child victim interview should be conducted by the Prosecutor’s Office Forensic Child Interviewer, but in the case of emergent circumstances, the Designated Law Enforcement Agency Child Interviewer may be utilized (refer to Section V in these protocol).
3.) Placement determination; see section 2 of these protocol (Placement of Child Victims).
4.) If any medical or forensic evaluation is needed, the provisions in Section VII of these protocols shall be followed (Medical Evaluation, Evidence and Treatment).
5.) Law Enforcement and/or Child Protective Services shall utilize their own Standard Operating Procedure for notification of parents, guardians or other family members regarding the Child Victim.
6.) Law enforcement shall review all law enforcement databases(s) (LINX; iLEADS) for any prior contacts involving the child victim.
7.) Contact designated human trafficking prosecutor, as appropriate.
8.) Referrals for mental health counseling for the victim shall be made in accordance with the victim advocacy program’s referral policies and/or will be made through Kitsap Mental Health Services.
B. Adult Victims
1.) Advocate shall be notified and/or utilized immediately by calling Kitsap Sexual Assault Center (KSAC) at 1-(866) 831-2050 or (360) 479-8500.
2.) Lead detective shall make determination of how to conduct and document the interview.
3.) Law enforcement agencies may utilize the Prosecutor’s Office Forensic Child Interviewers or the Agency Designated Child Interviewers to conduct the interview of the adult victim.
4.) If any medical or forensic evaluation is needed, the provisions in Section VII of these protocols shall be followed (Medical Evaluation, Evidence and Treatment).
5.) Referrals for mental health counseling for the victim shall be made in accordance with the victim advocacy program’s referral policies and/or will be made through Kitsap Mental Health Services.
C. Confidential informants
1.) Law enforcement shall consult with the designated human trafficking prosecutor before utilizing any confidential informant.
2. Placement of the Child Victim
NON CUSTODIAL RELEASE – A child victim may be temporarily detained but released to the following designated custodians without taking them into custody as follows:
(A) No Immediate Safety Issues: Release to parent/guardian provided there are no immediate safety or placement concerns with the child as follows:
(1) No suspected abuse or neglect by parent/guardian.
(2) Release to the following custodian provided they will accept the child, can be notified, and will arrive within a reasonable time:
(a) Parent/guardian or
(b) Upon approval of parent/guardian, to responsible adult willing to accept the child; and,
(c) Upon approval by parent, child, and law enforcement, the child may be transported by law enforcement to the custodian.
(3) Explain the circumstances for detaining the child to the child, custodian, and, in the written investigation.
(B) Dependency Issues: If the child is a dependent child supervised by a Washington State agency then they may only be released as follows:
(1) State agency will accept the child.
(2) Release authorized to the following custodian provided they can be notified and will arrive within a reasonable time:
(a) State agency or its authorized agent; or,
(b) Child Protective Services (CPS); and,
(c) Upon approval by both custodian and law enforcement, the child may be transported by law enforcement to the custodian.
(3) Explain the circumstances for detaining the child to the child, custodian, and, in the written investigation.
TEMPORARY CUSTODY (RCW 13.32A.050) – A child victim may only be taken into temporary law enforcement custody under either of the following options at the time of detainment (A) or (B):
(A) Option #1: An immediate concern for whereabouts & safety of the child
(1) There must be at least one of the following reasons for concern:
(a) Parent/guardian indicates child absent from home w/o consent; or,
(b) Child’s age, the location, and time of day indicates safety concerns; or,
(c) Child is unlawfully harbored in violation of RCW 13.32A.080.
(2) Law enforcement shall transport and deliver the child to the following custodian provided they will accept the child and can be notified and available within a reasonable time and distance:
(a) Parent/guardian if no suspected abuse or neglect issues, or, at request of parent/guardian, to the following:
(I) Home of a responsible adult;
(II) Child Protective Services (CPS); or
(III) Licensed youth shelter.
(b) If parent/guardian not available or, abuse/neglect issues, then to Child Protective Services (CPS)
(3) Explain reason for custody to child, custodian, and, in the written investigation.
(B) Option #2: The child is a Washington State dependent on runaway status
(1) State agency legally charged with supervision of the child indicates the child has run away from placement.
(2) If available within a reasonable time and distance, deliver to agency, or, CPS.
(3) Explain reason for custody to the child, agency/CPS, and, in the written investigation.
FULL CUSTODY & DETENTION
– A child victim may only
be taken to Kitsap County Juvenile Detention on
the following conditions existing at the time of detainment:
(A) Arrest warrants – Warrants of arrest (and other court pickup orders authorizing detention); or,
(B) Non-Prostitution Arrest – Probable cause exists to arrest for new crime unrelated to prostitution or the human trafficking itself; or,
(C) Out of State Run-Away – The child has run-away or absconded from another state (detention authorized by Interstate Compact).
(D) Prostitution Arrest—Probable cause exists for the crime of prostitution, or related human trafficking offenses. Arrest and detention on such an offense shall not be conducted unless the prosecutor’s office has been consulted and/or all other avenues for placement have been exhausted.
3. Information Gathering
A. Anytime a member of law enforcement suspects that human trafficking may be occurring, the officer shall write an information-only report including as much detail as possible, even if the suspicion does not rise to the level of probable cause to arrest.
1.) Forward to Prosecutor’s Office as Human Trafficking/Information Only report.
2.) Forward to designated Human Trafficking detective(s).
4. Prosecution Standards
A. Pimps will have absolutely no influence over how a victim’s case(s) will be resolved, and every effort will be made to avoid any contact between the pimp and victim.
B. “Johns” will be prosecuted to the fullest extent of the law. Some benefit may be given to the John/defendant if their testimony is of paramount importance, but consideration will only be made on a case-by-case basis and based upon their successful cooperation with the prosecution of pimps.
C. Prosecution of adult victims:
1.) The goal with charged prostitutes is to resolve with felony diversion agreement, or some similar diversion program with a focus toward rehabilitating the victim.
2.) Determination of whether to charge or not will be decided on a case by case basis.
5. How Multi Disciplinary Teams Will Convene and Access Information
A. MDT members should adhere to the provisions of the Kitsap County Special Assault Protocol Section VIII (Case Review).
Kitsap SAIVS Protocol
Resources for Human Trafficking Investigations
FBI Child Exploitation Task Force/ South Sound Child Exploitation Task Force (formerly known as Innocence Lost Initiative):
http://www.fbi.gov/about-us/investigate/vc_majorthefts/cac/innocencelost
National Center for Missing and Exploited Children (NCMEC):
http://www.fbi.gov/about-us/investigate/vc_majorthefts/cac/innocencelost
1-800-THE LOST/ 1-800-843-5678
Washington State Patrol (WSP) Missing and Exploited Children Task Force (MECTF): mailto:MECTF@wsp.wa.gov
Phone: (360) 704-2410
Fax: (360) 704-2973
P.O. Box 2347
Olympia, WA 98507-2347
FOR MISSING CHILDREN:
http://www.wsp.wa.gov/crime/mpu.htm#mectf
1-800-543-5678
Email: MUPU@wsp.wa.gov
Internet Crimes Against Children (ICAC) Task Force:
https://www.icactaskforce.org/Pages/Home.aspx
Washington Contact– E-mail: tag.gleason@seattle.gov
Seattle Police Department Contact: Captain Tag Gleason
Phone: (206) 684-4351
Kitsap/ Jefferson FBI:
Seattle Line: (206) 622-0460
Western States Information Network (WSIN):
Shared Hope
High Intensity Drug Trafficking Areas (HIDTA) Program:
http://www.whitehouse.gov/ondcp/high-intensity-drug-trafficking-areas-program
Northwest HIDTA Contact
Dave Rodriguez, Director
300 Fifth Ave, 13th Floor
Seattle, WA 98104
Naval Criminal Investigative Service (NCIS):
(360) 476-3650 (Bremerton)
After Hours Contact Navy Region Northwest Regional Operation Center (ROC) and ask for NCIS Duty Agent: (360) 315-5122 or 877-414-5358
Main Number: (360)396-4660
Resources Include: Dept. of Defense Personnel Database, Computer/Electronic Forensic Exams, and Major Case Response Team (MCRT)/ Crime Scene Investigators.
Bremerton Police Department:
(360) 473-5228
Resources include: Computer/Electronic Forensic Exams, and three (3) Designated Agency Child Interviewers.
Child Protective Services (CPS):
Local Intake (Bremerton DCFS) (360) 475-3688/ 1-888-713-6115 (866) END HARM/ (866)363-4276/1-800-423-6246
After hours Intake: 1-800-562-5624
Kitsap Sexual Assault Center (KSAC) Victim Advocates:
(866)831-2050 or (360)479-8500
YWCA Alive Program Victim Advocates:
(360) 479-0522 or (800)500-5513
Designated Prosecutor’s Office Human Trafficking Prosecutor:
(360) 337-5728
After Hours: (253) 389-6050