Child Abuse Interviews In Public Schools

On December 10, 2009, the United States Court of Appeals for the Ninth Circuit decided the case of Greene v. Camreta, 588 F.3d 1011 (9th Cir. 2009) (http://tinyurl.com/ycacxp5) dealing with a child abuse investigative interview at a public school. The case arose in Oregon, whose system is similar to Washington's. The court determined that an interview at school of a suspected nine-year-old female victim of familial sexual abuse was a "seizure" under the Fourth Amendment, requiring probable cause and a prior court-issued warrant.

The case has caused concern in Washington, which is part of the Ninth Circuit, because a broad reading of the decision might significantly restrict the present practices that Child Protective Services (CPS) caseworkers and law enforcement officers follow when interviewing suspected victims of child abuse at schools.

However, it is likely that the decision's application will be narrow for several reasons. All parties involved in the Oregon case—including the school district—agreed that a Fourth Amendment "seizure" had occurred. The interview at school happened several days after the...