W. Va. Code § 149-8-4 - Dispatcher/Telecommunicator Responsibilities

4.1. Dispatchers/Telecommunicators under the supervision of police department and communications and emergency operations centers which dispatch the law enforcement officer shall dispatch child abuse and/or neglect calls in the same manner as any other call for police assistance, in accordance with the priority criteria prescribed by generally applicable department procedures. Whenever possible, the dispatcher/telecommunicator should assign a back-up unit.

4.2. The dispatcher/telecommunicator receiving allegations of a child abuse and/or neglect call should attempt to elicit from the caller, and should communicate to the responding law enforcement officer, as much of the following information, in the following order of importance, as time and emergencies of the reported incident allow:

4.2.a. The address of the incident, including the apartment number or the name of the business, as appropriate;

4.2.b. The nature of the incident;

4.2.c. Establish caller's name whether they are the victim, and a telephone number where the caller can be called back;

4.2.d. Whether or not there are any injuries and whether an ambulance is needed;

4.2.e. Whether weapons are involved or present and if so, where they are located;

4.2.f. A description of the accused and whether or not the accused is present and, if not, the most likely location, direction of flight, and mode of travel of the accused;

4.2.g. Whether a protective order is in effect and if it includes consent to enter the residence to enforce the protective order;

4.2.h. Whether a personal safety order is in effect;

4.2.i. Whether other individuals, including children, are at the scene;

4.2.j. Whether any party is using or is under the influence of alcohol or drugs;

4.2.k. If the caller is the victim, in the residence, and is capable of giving consent, would they consent to entry;

4.2.l. Whether a criminal warrant is outstanding on the accused;

4.2.m. Whether the accused has been released on bail on a charge of a crime against a family or household member, including a family or household member who is a child, with any conditions on bail regarding contact with the victim or complainant; and

4.2.n. Whether a registered sex offender resides in the home;

4.2.o. Best practice is to not provide information that may identify a child over the radio, but to follow-up by telephone.

4.3. If the caller is the victim, or if the caller is a witness to an abuse and/or neglect incident in progress, the dispatcher/telecommunicator should keep the caller on the telephone and should relay ongoing information provided by the caller to the responding law enforcement officer. The dispatcher/telecommunicator should tell the caller that help is on the way, if that is the case, and will arrive as quickly as possible.

4.4. If the dispatcher/telecommunicator has ready access to police department records, all information relevant to the situation shall be relayed to the law enforcement officer. If the agency is capable, the dispatcher/telecommunicator shall access the Domestic Violence Database to see if there is an active protective order. If so, is the box checked giving the officer consent to enter the residence to enforce the order. If the agency is capable, the dispatcher/telecommunicator shall access the National Crime Information Center (NCIC), and other criminal information databases to determine whether the parties involved in the incident have been involved previously in domestic violence incidents. Further, if the agency is capable, the dispatcher/telecommunicator shall access the Child Abuse And Neglect Registry maintained by the West Virginia State Police per W.Va. Code § 15-13-1. All information received shall be relayed to the requesting law enforcement officer.

4.5. If the dispatcher/telecommunicator has reason to believe that the accused is on bond for a crime against a family or household member, including family or household members who are children, and if the dispatcher/telecommunicator has ready access to magistrate court records that show whether there are conditions of bond the dispatcher/telecommunicator should consult the records and radio any relevant information to the responding law enforcement officer; including the existence of a protective order prohibiting the possession of firearms.

4.6. Dispatchers/Telecommunicators should notify law enforcement of any audible evidence that may be overheard during a call.

Notes

W. Va. Code § 149-8-4