When Child Abuse Hits Home: 

The Vital Role of the Child Protection Caseworker 

in a Criminal Investigation

Child protection caseworkers are among the first responders to allegations of child abuse or neglect. Their involvement is multifaceted—and indispensable—in ensuring that children at risk receive the protection they need.

The Monroe County Department of Human Services receives roughly 10,000 referrals of child abuse or neglect every year. (ACT Rochester)

 

“The vast majority of cases that Child Protective Services investigates are considered neglect,” said Julie Nichols, administrative caseworker for Monroe County Child and Family Services. “Less than 10% of the reports we receive are coded as abuse and would warrant the involvement of a multidisciplinary team. And only a portion of those reach the level of law enforcement intervention.”

 

In the rarer cases that involve physical abuse, sexual abuse or fatalities, caseworkers collaborate with a multidisciplinary team (MDT) to see that victims receive the support they need, while ensuring the legal process is followed correctly. A MDT is comprised of providers representing child protection, law enforcement, victim advocacy, and medical, mental health and legal professions.

 

Over 75% of states are required to implement a MDT approach in response to investigations of child abuse. (U.S. Department of Justice)

When investigating reports of child maltreatment, caseworkers put the safety of the child first. Thorough assessments are conducted to verify claims of abuse or neglect. Family preservation is always the goal, if possible and safe for the child.

 

While the investigation of child neglect does not often warrant a multidisciplinary response, an impact team gathers for those less common cases that go beyond neglect to meet the legal definition of abuse, to support the victim. In Monroe County, this team of providers meets at Bivona Child Advocacy Center.

 

In criminal investigations of child abuse, caseworkers work in tandem with law enforcement agencies to evaluate the child’s safety and well-being. Concurrently, caseworkers facilitate coordination between social service agencies, medical professionals and legal teams to ensure due process.

 

“The child victim is interviewed only once at Bivona by a trained forensic interviewer,” said Nichols. “Other impact team members watch and listen in on the interview to prevent retraumatizing the child through multiple interviews. It also ensures that correct legal procedure is followed and documented.”  

“Most often,” said Nichols, “CPS cases don’t rise to the level of criminal investigation. The types of cases managed by a MDT are often more severe and include possible criminal charges. As a result, they require a level of uniqueness that calls for forensic interviewing.”

 

Forensic interviewers are trained in communicating with child victims in a sensitive and trauma-informed manner. The interview is conducted and recorded at a local child advocacy center, such as Bivona, with other professionals watching behind a two-way mirror.

 

Through linguistically and developmentally appropriate questions, a forensic interviewer builds trust with the child, creating a safe space for them to share their experiences, as evidence is gathered to corroborate the child’s story.

 

“A major benefit of the forensic interview in a criminal case,” explained Nichols, “is that it demonstrates the victim is not being led to make certain statements. This is important as a higher level of evidence is required in criminal court, as compared to a Family Court case.”

 

While a child’s testimony may be a central piece of evidence in any ensuing criminal case, a caseworker’s first priority is to protect the child from further harm while the legal process unfolds. 

To indicate a case of child maltreatment in Family Court, a preponderance of evidence is required. But when a case of child maltreatment rises to a criminal level, it requires a higher level of evidence for a conviction.

 

Two different investigations may be conducted simultaneously, with CPS filing in Family Court while law enforcement pursues the case in criminal court.

 

During an investigation, caseworkers assess the child’s living conditions, take photographs, document injuries, collect documents (like school records, looking for patterns such as truancy), and obtain medical records. This evidence is invaluable in a criminal investigation as it helps to substantiate the child’s story and build a strong case against the perpetrator(s).

 

Additionally, caseworkers may be called to testify in court, providing expert testimony about the child’s condition and the circumstances surrounding the abuse.

Abused children face ongoing trauma and emotional distress long after the act has been committed. CPS connects these families with counseling, preventive services and community-based support programs to help the child victim cope and bring healing to the family.

 

If a case results in a Family Court order, caseworkers will provide resources for rehabilitation, monitoring the child’s progress and the family’s compliance over a predetermined period of time.

 

“It’s our community’s job to support families and keep kids safe,” Nichols said. “Working with law enforcement is important, but it’s only one small piece of a caseworker’s job. Our role is to connect families with resources to support their ongoing well-being.”