CHILD CUSTODY

INVESTIGATION

HANDBOOK

and

REPORT

TABLE OF CONTENTS

Child Custody Investigation Handbook

  1. Instructions for Completing the Report Format
  2. Relevant Legal Descriptions
  3. Relevant Research
  4. Attachment
  5. Battering and Child Physical Abuse
  6. Battering and Substance Abuse
  7. Child Sexual Abuse
  8. Mitigating Negative Long-Term Effects of Child Abuse
  9. Worksheets
  10. Indicators of Child Abuse
  11. Quality of Child Abuse Interviews
  12. Timeline of Domestic Violence
  13. Level of Severity of Domestic Violence
  14. Domestic Violence Assessment Interview
  15. Risk Assessment of Domestic Violence
  16. Substance Abuse Checklist

Child Custody Investigation Report

Cover Sheet

Section I: Background Facts and Evidence

Section II: Child Abuse

Section III: Domestic Violence

Section IV: Substance Abuse

Section V: Declaration

Child Custody

Investigation

Handbook

INSTRUCTIONS FOR COMPLETING THE REPORT FORMAT

This report format is designed to assist you, the court-appointed child custody investigator, in writing your report to ensure that you are in compliance with the complex California laws and rules of court, and provide the court with complete facts and evidence as required by law.

REPORT FORMAT: The report format is divided into five sections:

  • A cover sheet includes information on the court, the parties, the investigator and the appointment.
  • Section I provides backgroundinformation and evidence.
  • Section II provides evidence when child abuse is alleged.
  • Section III provides evidence when domestic violence is alleged.
  • Section IV provides evidence when substance abuse is alleged.
  • Section V provides the investigator’s declaration regarding compliance with legal requirements, including investigation protocol, education, experience and training.

COMPLETING THE REPORT.Throughout this document, you will find numerous opportunities to enter your information by completing fields and checking boxes.

Important Warning: If you decide to protect the document in order to move more easily from field to field using the Tab key, please be aware that if you unprotect the document after entering data, all the data you entered will be automatically lost.

Checking boxes: To check a box, double click on the box, click on “Checked” and click “OK”.

Entering data into grayed fields: To enter your narrative, please click once on the gray area and enter your information in the space available. As you type, the directions that we have written for you will be automatically overwritten by the information you have entered. The gray background is not visible when the document is printed.

Deleting inapplicable sections: Before printing your final report, please delete any inapplicable sections. For example, if there are no allegations of substance abuse in this investigation, delete the entire Section IV.

Overview of relevant legal definitions and research: A brief overview of relevant legal definitions and research is provided. Please refer to for California Family Law Code and to for Rules of Court to keep this section up to date. Rules and laws are sometimes updated annually.

Legal issues:

You have a duty to err on the side of caution regarding child safety, based on California’s mandate to assure the health, safety and welfare of children as the court’s primary concern, in order to protect children from bodily injury and sexual harm and to ensure the bond to the safe primary attachment figure is maintained.Criminal and civil penalties may be assessed if a child is caused, or allowed, to suffer harm

Ex parte communications with other court-related professionals about substantive issues in the case are specifically prohibited by CA law.

Please provide only factual information and evidence that is admissible in court.

RELEVANT LEGAL DEFINITIONS

Preponderance of the Evidence Standard of Proof: Family law court cases are civil cases. The standard of proof in

civil casesis a“preponderance of the evidence,” i.e., that which is more likely than not, or 50% or more likelihood of

occurrence. This standard of proof is substantially lower than for criminal cases. [CA Evidence Code Section 115]

Best Interests of the Child: “(A) consideration of

a) the health, safety and welfare of the child;

b) any history of abuse by a parent or other person seeking custody;

c) the nature and amount of contact with both parents; and

d) the habitual/continual illegal use of controlled substances or abuse of alcohol by either parent.”

[CA Family Code Section 3011; CA Rules of Court #5.210(c)(1), 5.220(c)(2), 5.225(c)(6)]

Child Abuse/Domestic Violence is Detrimental to the Child: “The Legislature finds and declares that it is the public policy of this state to assure that the health, safety, and welfare of children shall be the court's primary concern in determining the best interest of children when making any orders regarding the physical or legal custody or visitation of children. The Legislature further finds and declares that the perpetration of child abuse or domestic violence in a household where a child resides is detrimental to the child.” [CA Family Code Sections 3020(a)]

Child Sexual Abuse: “As used in this article, "sexual abuse" means sexual assault or sexual exploitation as defined by the following:

(a) "Sexual assault" means conduct in violation of one or more of the following sections: Section 261 (rape), subdivision (d) of Section 261.5 (statutory rape), 264.1 (rape in concert), 285 (incest), 286 (sodomy), subdivision (a) or (b), or paragraph (1) of subdivision (c) of Section 288 (lewd or lascivious acts upon a child), 288a (oral copulation), 289 (sexual penetration), or 647.6 (child molestation).

(b) Conduct described as "sexual assault" includes, but is not limited to, all of the following:

(1) Any penetration, however slight, of the vagina or anal opening of one person by the penis of another person, whether or not there is the emission of semen.

(2) Any sexual contact between the genitals or anal opening of one person and the mouth or tongue of another person.

(3) Any intrusion by one person into the genitals or anal opening of another person, including the use of any object for this purpose, except that, it does not include acts performed for a valid medical purpose.

(4) The intentional touching of the genitals or intimate parts (including the breasts, genital area, groin, inner thighs, and buttocks) or the clothing covering them, of a child, or of the perpetrator by a child, for purposes of sexual arousal or gratification, except that, it does not include acts which may reasonably be construed to be normal caretaker responsibilities; interactionswith, or demonstrations of affection for, the child; or acts performed for a valid medical purpose.

(5) The intentional masturbation of the perpetrator's genitals in the presence of a child.

(c) "Sexual exploitation" refers to any of the following:

(1) Conduct involving matter depicting a minor engaged in obscene acts in violation of Section 311.2 (preparing, selling, or distributing obscene matter) or subdivision (a) of Section 311.4 (employment of minor to perform obscene acts).

(2) Any person who knowingly promotes, aids, or assists, employs, uses, persuades, induces, or coerces a child, or any person responsible for a child's welfare, who knowingly permits or encourages a child to engage in, or assist others to engage in, prostitution or a live performance involving obscene sexual conduct, or to either pose or model alone or with others for purposes of preparing a film, photograph, negative, slide, drawing, painting, or other pictorial depiction, involving obscene sexual conduct. For the purpose of this section, "person responsible for a child's welfare" means a parent, guardian, foster parent, or a licensed administrator or employee of a public or private residential home, residential school, or other residential institution.

(3) Any person who depicts a child in, or who knowingly develops, duplicates, prints, or exchanges, any film, photograph, videotape, negative, or slide in which a child is engaged in an act of obscene sexual conduct, except for those activities by lawenforcement and prosecution agencies and other persons described in subdivisions (c) and (e) of Section 311.3.”

[CA Penal Code Sections 11165.1, 261, 264.1, 285, 286, 288, 288a, 289, 647.6]

Abuse (under the Domestic Violence Code): “Any of the following:

(a) Intentionally or recklessly to cause or attempt to cause bodily injury.

(b) Sexual assault.

(c) To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another.

(d) To engage in any behavior that has been or could be enjoined pursuant to Section 6320.”

[CA Family Code 6203]

Domestic Violence: “Abuse perpetrated against any of the following persons:

(a) A spouse or former spouse.

(b) A cohabitant or former cohabitant, as defined in Section 6209.

(c) A person with whom the respondent is having or has had a dating or engagement relationship.

(d) A person with whom the respondent has had a child, where the presumption applies that the male parent is the father of the child of the female parent under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12).

(e) A child of a party or a child who is the subject of an action under the Uniform Parentage Act, where the presumption applies that the male parent is the father of the child to be protected.

(f) Any other person related by consanguinity or affinity within the second degree.”

[CA Family Code Section 6211]

Domestic Violence. Domestic violence perpetrated by a party against the other party, the child, or the child’s siblings within 5 years creates a rebuttable presumption against sole or joint custodyto the perpetrator.[CA Family Code Section 3044(a)]

Protective Orders. The court is encouraged not to make a custody or visitation order that is inconsistent with emergency protective orders, protective orders or other restraining order, with certain exceptions.

[CA Family Code Section 3031(a)]

Child Endangerment. “(a) Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, … or willfully causes or permits that child to be placed in a situation where his or her person or health is endangered, shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison for two, four, or six years.

(b) Any person who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any child to suffer, … or willfully causes or permits that child to be placed in a situation where his or her person or health may be endangered, is guilty of a misdemeanor.”

[CA Penal Code 273a (a) and (b)]

RELEVANT RESEARCH

ATTACHMENT

The attachment bond has several key elements: (1) it is an enduring emotional relationship with a specific person; (2) the relationship brings safety, comfort, soothing and pleasure; (3) loss or threat of loss of the person evokes intense distress. This special form of relationship is often best characterized by the maternal-child relationship.Bruce Perry, M.D., Ph.D. The Child Trauma Institute , 2006; Bowlby, 1982

Parents of secure children are sensitive to their child’s signals, receptive and accepting of their child’s distress, and consistent in applying this positive parenting style.

Susan Goldberg, Ph.D., MaryAinsworth,

Symptoms and behavioral disorders [related to a child’s bonding break with his/her primary caregiver]…. include persistent anxiety, self-blame and guilt, aggressive and destructive outbursts, compulsive caregiving, three times the rate of depressive disorders in adulthood, a tendency to make excessive demands on others, anxiety and anger when demands not met, dependent and hysterical personalities, blockage in capacity to make deep relationships, affectionless or psychopathic personalities.

Bowlby 1980; Brown and Harris, 1978 cited in Bowlby 1980; Bowlby 1982

A variable that is found regularly to be associated with increased disturbance, both during separation and after return home, is the length of the child’s separation (from the primary caregiver).

Heinicke and Westheimer, 1966 as cited in Bowlby, 1982.

BATTERING AND CHILD PHYSICAL ABUSE

The level of verbal abuse has been shown to be an indicator of likelihood that a batterer will continue to be violent in the future. Saunders 1995

The higher the severity or frequency of a batterer’s violence, the greater the likelihood that he will continue to assault the mother. Weisz, Tolman and Saunders 2000

There is a dramatically elevated rate of child physical abuse by perpetrators of wife battering.

McCloskey, Figueredo and Koss 1995; Sirles and Franks 1989; Paveza 1998

Batterers have high rates of physically abusing children, and this risk may increase after the parents separate. Bancroft2002

The higher the severity or frequency of a batterer’s violence against his partner, the greater the likelihood that he will physically abuse the children. Straus 1990

Dictatorial control is a risk factor for child physical abuse. Milner and Chilamkurti 1991

Children who are exposed to their mother’s batterer are likely to witness his physical assaults.

Kolbo, Blakely, and Engleman 1996

Children who witness physical assaults against their mother by their mother’s batterer experience traumatic effects.Cummings 1998

Children are sometimes physically injured by accident or by attempting to intervene when their mother is assaulted. Jaffe, Wolfe and Wilson 1990

BATTERING AND SUBSTANCE ABUSE

Batterers who abuse substances are an increased risk to physically abuse children. Suh and Abel 1990

Violence during pregnancy is correlated with future frequent or severe violence. Campbell et al 1998

Batterers who abuse substances are at an increased risk to re-offend violently against the mother. Gondolf 1999

Note: The focus of the investigation should be on how substance abuse affects parenting ability. Substance abuse negatively affects parenting ability due to its association with violent behavior. It is considered a risk factor for abuse; however, substance abuse may also be a response to stress by a non-abusive parent. Every effort must be made to encourage substance abuse treatment. In-patient treatment for the non-violent/non-abusive substance abusing parent and child together may be recommended.

  • Resources are found through mandated community networking training, including, but not limited to, the National Council on Alcohol and Drug Dependence 916-922-9217; CA Department of Alcohol and Drug Abuse 916-445-0834; and 12-step recovery groups such as Alcoholics Anonymous and Narcotics Anonymous.

Men who batter when they are drinking also batter when they are not drinking. Nisonoff & Bitman 1979

CHILD SEXUAL ABUSE

There is a dramatically elevated rate of child sexual abuse by batterers and a substantial overlap between battering and incest perpetration.

McCloskey, Figueredo and Koss 1995; Sirles and Franks 1989; Paveza 1998; Bancroft 2002

A father’s very low involvement in parenting during a child’s early years, self-centeredness, and a view of the children as owned objects increase his statistical risk of perpetrating incest.

Milner 1998, Leberg 1997; Bresee, Stearns, et al., 1986 Salter 1996

The risk of child sexual abuse perpetration is higher among perpetrators who exercise dictatorial control and/or who abuse substances. Beckner & Quinsey 1993; Salter 1995

The single most important indicator (of child sexual abuse) is disclosure by the child to a friend, classmate, teacher, friend’s mother or other trusted adult…. It is not uncommon for the disclosure by children experiencing chronic or acute sexual abuse to be delayed. Children rarely fabricate these accounts; they should be taken seriously.”

Child Abuse, An Educator’s Responsibility, California Attorney General’s Office, August 1999

A serious allegation of child sexual abuse consists of, but is not limited to: statements made by the child to law enforcement; child welfare services agency investigator; any person required by statute to report suspected child abuse; or any other court-appointed personnel.

[CA Family Code Sections 3118(a)]

OR

An allegation that is supported by substantial independent corroboration. Substantial independent corroboration includes, but is not limited to, written reports by law enforcement agencies; child protective services; other social welfare agencies; courts; medical facilities; probation departments; rehabilitation facilities; other public agencies or private nonprofit organizations providing services to victims of sexual assault/domestic violence or drug/alcohol abuse services; MDIT interviews; forensic examinations.

[CA Family Code Sections 3011(b)(3)]

A child’s statement may becorroboratedby medical, laboratory, scientific, behavioral, psychological or physical evidence. Examples of corroboration include: “[C]hild’s hearsay statement describing painful urination corroborated her statement to profession describing penetration; child demonstrated extreme anxiety and masturbated on being questioned regarding sexual abuse by stepfather; He has nightmares, was sick and refused to allow himself to be touched; child’s precocious knowledge of urolagnia corroborated her hearsay statement.” John E. B. Myers, “Evidence in Child Abuse and Neglect Cases” textbook, Third Edition, Volume 2, Section 7.52, 1997

Allegations of child sexual abuse are very rare and arise in the same percentage in contested custody cases as in the general community. In a twelve state study of 9000 divorces cases, child sexual abuse allegations were made in only 2%.Thoennes Tjaden, Association of Family and Conciliation Courts, 1990

Of the low percentage of allegations of child sexual abuse cases arising in divorce and custody cases, only 1% to 6% are determined to have been maliciously fabricated.Jones & McGraw, 1987; Faller,1991; Faller & DeVoe, 1995; Thoennes & Tjaden, 1990 ; Trocme, McPhee, Tam & Hay, 1994; Trocme & Bala, 2005

21% of child sexual abuse accusations made by fathers were judged to have beenmaliciously fabricated, whereas only 1.3% of child sexual abuse accusations made by mothers were judged to have beenmaliciously fabricated. Trocme, McPhee, Tam & Hay, 1994; Bala, Paetsch, Trocme, Schuman,Tanchak & Hornick,2001

The highest rate of fabricated allegations of child sexual and child physical abuse combined (12%) found that the sources of those allegations were as follows:

  • 43% were fabricated by non-custodial parents (usually fathers)
  • 14% were fabricated by custodial parents (usually mothers)
  • Only 2% were fabricated by children
  • The remaining 41% of fabricated reports were made by relatives, neighbors, acquaintances, etc.

Trocme Bala, 2005

U.S. Department of Justice statistics showed that:

67% of victims of sexual assault are under age 18

34% of sexual assault victims are under age 12

1 of every 7 victims of sexual assault are under age 6

The year a male child is most likely to be sexually assaulted is age 4

Girls are twice as likely as boys to be sexually abused at age 4

87% of sexual abuse of children under age 5 occurs in the child’s residence

Less than 5% of the sexual assaults on children ages 0 –11 are by strangers

96% of sex offenders are male

MITIGATING LONG-TERM NEGATIVE EFFECTSOF CHILD ABUSE