watchpaul.ARTICLES: CAST Response/Grand Jury Report

12.30.2006

CAST Response/Grand Jury Report

Not easy to follow. Link to County Site and files included here.
Grand Jury Report #2005-LJ-01

A Review of the Humboldt County Child Abuse Services Team
EXECUTIVE SUMMARY:

A child who may have been sexually molested or physically abused may be seen by the Child Abuse Services Team (CAST). Team members, who are from the District Attorney’s office, law enforcement, and social service agencies, observe from behind one-way glass as a trained interviewer talks with the child. Team members can tell the interviewer to ask particular questions through an ear microphone. The child, whose answers are video- and audio-taped, sees only the interviewer in a bright room filled with toys. Everyone agrees that CAST is valuable in increasing successful prosecution of child abusers, reducing trauma to abused children, and helping support families. Money is available for CAST.

However, the program is faltering. Fewer cases are referred to CAST by law enforcement. The District Attorney has diminished CAST’s effectiveness by failing to attend Governing Board meetings, failing to send Deputy District Attorneys to child interviews, and reducing staff.

The Grand Jury recommends that the District Attorney make CAST a priority by attending the Governing Board meetings, appointing a Deputy District Attorney to the leadership position, and restoring staff levels to ensure that a qualified Deputy District Attorney is present at all child interviews. The Grand Jury also recommends that law enforcement agencies provide training in CAST procedures to new hires with regular “refreshers” to long-term employees.

WHO SHALL RESPOND:
◼ The District Attorney shall respond to Findings 1, 2, and 3 and Recommendations 1a, 1b, 2,
and 3
◼ The CAST Governing Board shall respond to Finding 1 and Recommendations 1a and 1b
◼ The Department of Health & Human Services shall respond to Finding and
Recommendation 3
◼ Humboldt County Sheriff shall respond to Finding and Recommendation 4
◼ Arcata Police Department shall respond to Finding and Recommendation 4
◼ Arcata City Council shall respond to Finding and Recommendation 4
◼ Blue Lake Police Department shall respond to Finding and Recommendation 4
◼ Blue Lake City Council shall respond to Finding and Recommendation 4
◼ Eureka Police Department shall respond to Finding and Recommendation 4
◼ Eureka City Council shall respond to Finding and Recommendation 4
◼ Ferndale Police Department shall respond to Finding and Recommendation 4
◼ Ferndale City Council shall respond to Finding and Recommendation 4
◼ Fortuna Police Department shall respond to Finding and Recommendation 4
◼ Fortuna City Council shall respond to Finding and Recommendation 4
◼ Hoopa Tribal Police Department shall respond to Finding and Recommendation 4
◼ Hoopa Tribal Council shall respond to Finding and Recommendation 4
◼ Rio Dell Police Department shall respond to Finding and Recommendation 4
◼ Rio Dell City Council shall respond to Finding and Recommendation 4
◼ Trinidad Police Department shall respond to Finding and Recommendation 4
◼ Trinidad City Council shall respond to Finding and Recommendation 4
Findings and Recommendations

Finding 1: There is a consensus within the CAST organization, augmented by a recommendation of the National Children’s Alliance, that a leadership person is needed to coordinate and make decisions about CAST with recommendations from the Executive, Governing, and Advisory Boards.

Response from District Attorney: See Attachment 10. Attachment 1 16
Response from CAST Governing Board: The respondent agrees with the finding. See also Attachment 6.
Recommendation 1a: The Grand Jury recommends that the Cast Boards create a leadership position.
Response from District Attorney: See Attachment 10.
Response from CAST Governing Board: The recommendation has not yet been implemented, but will be implemented by 1/1/06. The Executive Committee has met and will be amending the CAST MOU to be inclusive of a CAST Director position that will report to the Executive Committee. See also Attachment 6.
Recommendation 1b: The Grand Jury recommends that a Deputy District Attorney with experience in and a commitment to CAST fill the leadership position.
Response from District Attorney: See Attachment 10.
Response from CAST Governing Board: The recommendation has not yet been implemented, but will be implemented by 1/1/06. The Executive Committee of CAST agrees that the ideal candidate should be an experienced Deputy District Attorney. The District Attorney has indicated his office has been developing this option for a considerable period of time preceding the Grand Jury’s recommendation; the position has been designated and he will assign such staff as soon as possible. See also Attachment 6.
Finding 2: Members of the CAST organization have identified a need for two Deputy District Attorneys and a Senior Legal Office Assistant. Current funding provides for these positions and is incorporated in the guidelines for CAST.
Response from District Attorney: See Attachment 10.
Recommendation 2: The Grand Jury recommends that two Deputy District Attorneys and a Senior Legal Office Assistant be assigned or hired and that CAST cases be the priority caseload for the attorneys assigned to CAST.
Response from District Attorney: See Attachment 10.
Finding 3: There is no Memorandum of Understanding (MOU) for funding or time –tracking between the District Attorney’s Office and DHHS for CAST.
Response from District Attorney: See Attachment 10.
Response from Department of Health & Human Services: The respondent agrees with the finding. See also Attachment 7.
Recommendation 3: The Grand Jury recommends that the District Attorney’s Office and DHHS arrive at a MOU for funding CAST. This MOU must include a method of tracking of CAST cases so that the DA’s Office can properly bill DHHS for the costs of staffing CAST. A simple time study format - already a standard practice of DHHS - could provide this information.
Response from District Attorney: See Attachment 10.
Response from Department of Health & Human Services: The recommendation has not yet been implemented. Prior to receipt of the 2004-05 Grand Jury Report, DHHS had initiated the development of a MOU with the District Attorney’s Office detailing the terms of DHHS funding of the CAST program. Initial work on the agreement began in April 2005. DHHS intends to appear before the Humboldt County Board of Supervisors by October 20, 2005, with a final document.
The MOU will provide for a continuity of understanding in relation to the terms and conditions of DHHS financial support for CAST and specifies that quarterly invoices be presented by the DA to DHHS. See also Attachment 7.
Attachment 1 17
Finding 4: Law Enforcement officials cited the need for continuing and timely training in forensic interviewing of child abuse victims by the Child Forensic interview specialist assigned to CAST.
Furthermore, law enforcement agencies prefer to assign a trained and experienced officer to investigate child abuse cases and participate in CAST.
Response from Sheriff: See Attachment 9.
Response from City of Arcata: See Attachment 19.
Response from City of Blue Lake: See Attachment 20.
Response from City of Eureka: See Attachment 21.
Response from City of Ferndale: See Attachment 22.
Response from City of Fortuna: See Attachment 23.
Response from Hoopa Tribe: See Attachment 24.
Response from City of Rio Dell: See Attachment 11.
Response from City of Trinidad: See Attachment 25.
Recommendation 4: The Grand Jury recommends that training occur at least yearly and more often as needed for new officers, and that a trained and experienced officer from each law enforcement agency be assigned to child abuse cases.
Response from Sheriff: See Attachment 9.
Response from City of Arcata: See Attachment 19.
Response from City of Blue Lake: See Attachment 20.
Response from City of Eureka: See Attachment 21.
Response from City of Ferndale: See Attachment 22.
Response from City of Fortuna: See Attachment 23.
Response from Hoopa Tribe: See Attachment 24.
Response from City of Rio Dell: See Attachment 11.
Response from City of Trinidad: See Attachment 25.
Attachment 1 18

###
2005-LJ-01 CHILD ABUSE SERVICES TEAM
FINDING NO. 4:
Law Enforcement officials cited the need for continuing and timely training in forensic interviewing of child abuse victims by the Child Forensic Interview Specialist assigned to CAST. Furthermore, law enforcement agencies prefer to assign a trained and
experienced officer to investigate child abuse cases and participate in CAST.

SHERIFF'S RESPONSE TO 2005-LJ-01 FINDING NO. 4:
Agree
RECOMMENDATION NO. 4:
The Grand Jury recommends that training occur at least yearly and more often as needed for new officers, and that a trained and experienced officer from each law enforcement agency be assigned to child abuse cases.

SHERIFF'S RESPONSE TO 2005-LJ-01 RECOMMENDATION NO. 4:
The recommendation has been implemented. The Sheriff’s Office has, for over fifteenyears, assigned a child abuse investigator position to our Criminal Investigations Division to work with and as our liaison to CAST. The deputy assigned to this position
receives advanced training in the investigation of child abuse cases.
Respectfully submitted,
GARY PHILP, Sheriff
Humboldt County
GP:crm
Attachment 9 40

Related:
Related:
◼ TS - Grand Jury Findings and Recommendations
◼ ER - 2004-05 Humboldt County Grand Jury Report 6/29/2005
◼ TS - Grand jury issues scathing DA critique June 29, 2005

"However, the informed, well-organized, diligent leadership essential during difficult times is missing," the grand jury report said. "Operations are neither as efficient nor as effective as they must be."

◼ McK Press - Grand Jury Report: D.A. guilty of 'weak leadership'
◼ ER - 2004-05 Humboldt County grand jury releases its final report
◼ NCJ - GRAND JURY REPORT IN