Investigation Results


Following the report to law enforcement or disclosure made by the child, law enforcement and DHS will visit the child in the home and/or in the school and obtain sufficient information to determine direction in the case. A DHS social service specialist will interview family members to assess willingness and ability to protect the child. Prior reports of abuse are factors, although not determinative. The child may be removed from the home if the offender cannot be arrested and refuses to leave the home; if the mother is unsupportive and/or unable to provide safe care to the child (e.g., substance dependence, domestic violence, mental health problems); or if the home is not "minimally adequate" to meet a child's needs (e.g., garbage/filth, lack of necessary provisions, unsafe).

If these factors are present, it is in the child's best interest to be removed from the family home until the Trial and/or other determinations are made regarding the case and the child's safety. Law Enforcement and DHS will collaborate to place the child in protective custody based on the determination that the child's health, safety, and welfare is jeopardized. Arrangements will be made for the child to be placed in a licensed facility, the care of relatives, or another placement authorized by the court. DHS will file a petition with a court requesting the child be placed in Protective Custody. If the child is not removed, the offender should leave the home voluntarily, if not arrested.  

The investigation will proceed, and a structured interview will be conducted with the child victim. If the community has a Child Abuse Assessment Center, law enforcement or DHS will schedule an appointment for the child on an emergency basis. At the appointment the child will receive a forensic medical examination by physician  specially trained in sexual abuse assessment. A trained sexual abuse interviewer will conduct a structured interview with the child victim and will also interview the mother/caregiver of the child. During the time of the evaluation interviews, both Law Enforcement and DHS will observe, either through glass or via video tape, the interview as it is conducted. Based on findings present in the interview, they may collaborate regarding next steps in the investigation and/or immediate actions to take. The prosecutor will be apprised of the results of the interview and evidence found to substantiate the abuse. DHS determination of a case as founded requires objective evidence to confirm the allegation that sexual abuse has occurred. Medical evidence, emotional and psychological evidence, child's testimony, witness observation (e.g., sibling, other family member), and collateral information will aid in that determination.   
DHS will make a decide that the case is:

If the case is unfounded, it simply means that not enough evidence was found to determine that abuse occurs. This does not mean that abuse did not occur. The evidentiary requirements for prosecution of sex offenses is relatively rigorous. Even medical findings can be argued to have alternative causation. The evidence must be substantial if the prosecutors goes forward to Trial. The prosecutor does not want to try a case in which he or she is unable to gain a conviction. 

If the case is unable to determine, it simply means that not enough evidence was found to make a decision that a child was abused. It does not mean that abuse did not occur. Law Enforcement and DHS will not be involved. It will be the mother's  responsibility to maintain the child's safety and protect her from further abuse.   



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