Chain of Custody

Chain of custody must be maintained and documented throughout the entire patient assessment and evidence collection processes. Chain of custody documents the dates and times of everyone who handles every piece of evidence, from the time it is collected through to legal proceedings.

Document the handling, transfer, and storage of evidence.

Examiners must maintain custody of evidence during the exam, while evidence is being dried and until it is in the SAEK and sealed. After that, follow jurisdictional procedures for storing evidence securely or handing it over to a duly authorized agent. The SAEK and associated evidence should be sealed as soon as possible after collection, and evidence should not be opened by anyone except the crime laboratory personnel.

Documentation of custody transfer occurs with each transfer of the evidence to law enforcement, the crime laboratory or others involved in the investigative process. Patients, advocates, family members and other support persons should not handle evidence. Documentation of chain-of-custody information is vital to ensuring no loss or alteration of evidence occurred prior to legal proceedings.

Educate all those involved in collecting, transferring, and storing evidence about the specifics of maintaining chain of custody. If the patient is transferred between facilities, staff at both facilities should be careful to complete this documentation of evidence chain of custody.

Ensure transfer policies maximize evidence preservation.

Minimize transit time between collection of evidence and proper storage of evidence. To avoid potential degradation of evidence, it is important to transport kits containing liquid samples and other wet evidence in an expeditious fashion. Best practice is to not include liquid samples or wet evidence in the SAEK.

Only a law enforcement official or duly authorized agent should transfer evidence from the exam site to the appropriate crime laboratory or other designated storage site (i.e., law enforcement property facility). Jurisdictional procedures for evidence management and distribution must be in place and followed. Those involved in evidence management and distribution should be educated on the specifics of these procedures and their responsibilities.