Bill Text: MS HB1276 | 2020 | Regular Session | Introduced
Bill Title: Child Advocacy Centers and mulitdisciplinary teams; provide limited immunity from civil liability.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2020-03-03 - Died In Committee [HB1276 Detail]
Download: Mississippi-2020-HB1276-Introduced.html
MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Judiciary A
By: Representative Bain
House Bill 1276
AN ACT TO AMEND SECTION 43-15-51, MISSISSIPPI CODE OF 1972, TO PROVIDE LIMITED IMMUNITY FROM CIVIL LIABILITY TO CHILD ADVOCACY CENTERS AND MULTIDISCIPLINARY TEAM MEMBERS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-15-51, Mississippi Code of 1972, is amended as follows:
43-15-51. (1) The district
attorneys * * *
or * * * the Department of Child Protection
Services * * *
shall initiate formal cooperative agreements with the appropriate
agencies to create multidisciplinary child protection teams in order to
implement a coordinated multidisciplinary team approach to intervention in
reports involving alleged commercial sexual exploitation, human trafficking, or
severe or potential felony child physical or sexual abuse, exploitation, or
maltreatment. The multidisciplinary team also may be known as a child abuse
task force. The purpose of the team or task force shall be to assist in the
evaluation and investigation of reports and to provide consultation and
coordination for agencies involved in child protection cases. The agencies to
be included as members of the multidisciplinary team are: the district
attorney's office, city and county law enforcement agencies, county attorneys,
youth court prosecutors, the Human Trafficking Coordinator or his or her
designee and other agencies as appropriate. The Department of Child Protection
Services shall be included as a member of the multidisciplinary team if the
department does not initiate creation of the team.
(2) To implement the
multidisciplinary child abuse team, the team or task force must be authorized
by court order from the appropriate youth court. The court order * * * shall designate which agencies will
participate in the cooperative multidisciplinary team.
(3) (a) Teams created under this section may invite other persons to serve on the team who have knowledge of and experience in child abuse and neglect and commercial sexual exploitation and human trafficking matters. These persons may include licensed mental and physical health practitioners and physicians, dentists, representatives of the district attorney's office and the Attorney General's office, experts in the assessment and treatment of substance abuse or sexual abuse, the victim assistance coordinator of the district attorney's office, staff members of a child advocacy center and experts in providing services to commercial sexual exploitation and human trafficking victims.
(b) (i) A child advocacy center means an agency that advocates on behalf of children alleged to have been abused and assists in the coordination of the investigation of child abuse by providing a location for forensic interviews and promoting the coordination of services for children alleged to have been abused. A child advocacy center provides services that include, but are not limited to, forensic medical examinations, mental health and related support services, court advocacy, consultation, training for social workers, law enforcement training, and child abuse multidisciplinary teams, and staffing of multidisciplinary teams.
(ii) Child
advocacy centers may provide a * * * video forensic
interview of the child in a child friendly environment or separate building.
The purpose of the * * *
video forensic interview is to prevent further trauma to a child in the
investigation and prosecution of child physical and sexual abuse cases. Child
advocacy centers can also assist child victims by providing therapeutic
counseling subsequent to the interview by a qualified therapist. Child
advocacy centers can also assist law enforcement and prosecutors by acquainting
child victim witnesses and their parents or guardians to the courtroom through
child court school programs.
(4) A team or task force
created under this section shall review records on cases referred to the team
by the Department of * * *
Child Protection Services or law enforcement or the district attorney's
office. The team shall meet at least monthly.
(5) No person shall
disclose information obtained from a meeting of the multidisciplinary team
unless necessary to comply with Department of * * * Child Protection Services'
regulations or conduct and proceeding in youth court or criminal court
proceedings or as authorized by a court of competent jurisdiction.
(6) A child advocacy center or a member of the multidisciplinary team is not liable for civil damages while acting within the scope of official team duties if the member, in good faith, refers a report of alleged child abuse for investigation, conducts an investigation, makes an investigation judgment or disposition, or releases or uses information for the purpose of protecting a child. The limitation of civil liability does not apply if a multidisciplinary team member is not acting in good faith.
SECTION 2. This act shall take effect and be in force from and after July 1, 2020.
