Prosecuting Battered Child Syndrome (BCS)
Investigative Techniques in Conducting a BCS Investigation
Sep 17, 2009
Battered-Child Syndrome (BCS) occurs where there are multiple injuries to multiple systems on multiple planes of the child’s body, resulting in serious injury or death. These injuries may be inflicted over time and in different stages of healing, or may reflect a single incident (National Center for Prosecution of Child Abuse Fact Sheet 2008).
A hallmark indicator of BCS is a clear discrepancy between the clinical findings and the historical data as supplied by the caretaker(s). Caretakers may fail to explain the child’s injury or offer implausible explanations that are inconsistent with either common sense or medical judgment. Caretakers may tell different stories about how the child sustained the injury or claim that another child inflicted the injury.
Manifestations of BCS
Clinical manifestations of BCS include head injuries, which are the most common cause of death in child abuse cases. Subdural hematoma is a indicator of such abuse, as are eye injuries, such as retinal hemorrhaging, retinal detachment and optic eye injury. Abdominal injuries, bruising, scrapes and cuts may also be present in BCS. Patterned skin injuries, such as those resulting from bites or punches, or injuries caused by a manufactured item, such as a hanger, a cord or a belt may also denote BCS. The fracture of any bone or bones (without an adequate explanation or medical diagnosis), poor skin hygiene, or failure to thrive may also be physical signs of BCS.
Whatever explanation caretakers offer for the child’s injury or injuries, it is vital that the investigator secure physical evidence. An investigator must be thorough in obtaining photographic evidence of the location where the injury took place. Physical evidence and records that must be preserved include:
- In cases where the child was apparently burned, a record of any sinks, bathtubs, and pots or pans containing water. In addition to testing the temperature of the standing water, test the temperature of water from the water heater and from each tap. Check the temperature setting of the water heater.
- A complete photographic or videotaped record of the home or other location in which the injuries allegedly occurred.
- If the child apparently suffered cigarette burns, collecting cigarette butts found in the home may facilitate analysis of the burn patterns.
- If the case involves a combination of sexual and physical abuse, collecting the child’s clothing and bedding may allow identification of what happened and who was involved.
- If the child shows evidence of bite marks, saliva swabbing should be done to allow positive identification of the biter.
BCS Investigative Techniques
When battered child syndrome is suspected, investigators should always:
- Collect information about the “acute” injury that led the person or agency to make the report.
- Conduct interviews with the medical personnel attending the child.
- Review medical records from a doctor, clinic, or hospital.
- Interview all persons who had access to or custody of the child during the time in which the injury or injuries allegedly occurred.
- Conduct a thorough investigation of the scene where the child was allegedly hurt. (i.e. the crib from which the child allegedly fell, any toys or objects the child allegedly landed upon).
- When investigating these cases, it’s important that the parent(s) or caretaker(s) be interviewed in a non-confrontational way.
- Once the family history is obtained, request any police reports that may be held by law enforcement agencies in the jurisdiction where the family lives. Also check the child welfare agency’s files on the family.
- Collect additional family history concerning connections between domestic violence and child abuse.
The ideal time to obtain such evidence is immediately after the child’s injury is reported, before caretakers have an opportunity to tamper with the scene. In nearly every case of actual abuse, the caretakers will not be consistent in their explanations of the injuries over time. Sometimes the changes are apparent from statements abusers have made to others.
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