STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

SENATE BILL 478	By:	Crain

AS INTRODUCED

An Act relating to multidisciplinary child abuse teams; amending 10 O.S. 2001, Section 7110, as last amended by Section 87, Chapter 233, O.S.L. 2009, and as renumbered by Section 294, Chapter 233, O.S.L. 2009 (10A O.S. Supp. 2010, Section 1-9-102), which relates to multidisciplinary child abuse teams; clarifying language; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     10 O.S. 2001, Section 7110, as last amended by Section 87, Chapter 233, O.S.L. 2009, and as renumbered by Section 294, Chapter 233, O.S.L. 2009 (10A O.S. Supp. 2010, Section 1-9-102), is amended to read as follows:
Section 1-9-102.  A.  1.  In coordination with the Child Abuse Training and Coordination Council, each district attorney shall develop a multidisciplinary child abuse team in each county of the district attorney or in a contiguous group of counties.
2.  The lead agency for the multidisciplinary child abuse team shall be chosen by the members of the team.  The team shall intervene in reports involving child sexual abuse or child physical abuse or neglect.
B.  The multidisciplinary child abuse team members shall include, but not be limited to:
1.  Mental health professionals licensed pursuant to the laws of this state or licensed professional counselors;
2.  Police officers or other law enforcement agents with a role in, or experience or training in child abuse and neglect investigation;
3.  Medical personnel with experience in child abuse and neglect identification;
4.  Child protective services workers within the Department of Human Services;
5.  Multidisciplinary child abuse team coordinators, or Child Advocacy Center personnel; and
6.  The district attorney or assistant district attorney.
C.  1.  To the extent that resources are available to each of the various multidisciplinary child abuse teams throughout the state, the functions of the team shall include, but not be limited to, the following specific functions:
a.	whenever feasible, law enforcement and child welfare staff shall conduct joint investigations in an effort to effectively respond to child abuse reports,
b.	develop a written protocol for investigating child sexual abuse and child physical abuse or neglect cases and for interviewing child victims.  The purpose of the protocol shall be to ensure coordination and cooperation between all agencies involved so as to increase the efficiency in handling such cases and to minimize the stress created for the allegedly abused child by the legal and investigatory process.  In addition, each team shall develop confidentiality statements and interagency agreements signed by member agencies that specify the cooperative effort of the member agencies to the team,
c.	freestanding multidisciplinary child abuse teams shall be approved by the Child Abuse Training and Coordination Council.  The Council shall conduct an annual review of freestanding multidisciplinary teams to ensure that the teams are functioning effectively.  Teams not meeting the minimal standards as promulgated by the Council shall be removed from the list of functioning teams in the state,
d.	increase communication and collaboration among the professionals responsible for the reporting, investigation, prosecution and treatment of child abuse and neglect cases,
e.	eliminate duplicative efforts in the investigation and the prosecution of child abuse and neglect cases,
f.	identify gaps in service or all untapped resources within the community to improve the delivery of services to the victim and family,
g.	encourage the development of expertise through training.  Each team member and those conducting child abuse investigations and interviews of child abuse victims shall be trained in the multidisciplinary team approach, conducting legally sound and age-appropriate interviews, effective investigation techniques and joint investigations as provided through the Child Abuse Training and Coordination Council or other resources,
h.	formalize a case review process and provide data as requested to the Child Abuse Training and Coordination Council for freestanding teams, and
i.	standardize investigative procedures for the handling of child abuse and neglect cases.
2.  All investigations of child sexual abuse and child physical abuse or neglect and interviews of child abuse or neglect victims shall be carried out by appropriate personnel using the protocols and procedures specified in this section.
3.  If trained personnel are not available in a timely fashion and, in the judgment of a law enforcement officer or the Department of Human Services, there is reasonable cause to believe a delay in investigation or interview of the child victim could place the child in jeopardy of harm or threatened harm to a child's health or welfare, the investigation may proceed without full participation of all personnel.  This authority applies only for as long as reasonable danger to the child exists.  A reasonable effort to find and provide a trained investigator or interviewer shall be made.
D.  1.  A multidisciplinary child abuse team may enter into an agreement with the Child Death Review Board within the Oklahoma Commission on Children and Youth and, in accordance with rules promulgated by the Oklahoma Commission on Children and Youth, conduct case reviews of deaths and near deaths of children within the geographical area of that multidisciplinary child abuse team.
2.  Any multidisciplinary child abuse team reviewing deaths and near deaths of children shall prepare and make available to the public, on an annual basis, a report containing a summary of the activities of the team relating to the review of the deaths and near deaths of children and a summary of the extent to which the state child protection system is coordinated with foster care and adoption programs and whether the state is efficiently discharging its child protection responsibilities.  The report shall be completed no later than December 31 of each year.
E.  Nothing in this section shall preclude the use of hospital team reviews for client-specific purposes and multidisciplinary teams, either of which were in existence prior to July 1, 1995; provided, however, such teams shall not be subject to the provisions of paragraph 1 of subsection A of this section.
F.  1.  Child advocacy centers shall be classified, based on the child population of a district attorney’s district, as follows:
a.	nonurban centers in districts with child populations that are less than sixty thousand (60,000),
b.	midlevel nonurban centers in districts with child populations equal to or greater than sixty thousand (60,000), but not including Oklahoma and Tulsa Counties, and
c.	urban centers in Oklahoma and Tulsa Counties.
2.  The multidisciplinary child abuse team used by the child advocacy center for its accreditation shall meet the criteria required by a national association of child advocacy centers and, in addition, the team shall:
a.	choose a lead agency for the team,
b.	intervene in reports involving child sexual abuse and may intervene in child physical abuse or neglect,
c.	promote the joint investigation of child abuse reports between law enforcement and child welfare staff, and
d.	formalize standardized investigative procedures for the handling of child abuse and neglect cases.
G.  Multidisciplinary child abuse teams and child advocacy centers shall have full access to any service or treatment plan and any personal data known to the Department which is directly related to the implementation of this section.
SECTION 2.  This act shall become effective November 1, 2011.

53-1-607	JM	1/18/2011 4:30:12 PM