An Act To Create Child Advocacy Centers in Maine
Sec. 1. 22 MRSA §4019 is enacted to read:
§ 4019. Child advocacy centers
This section governs the establishment, organization and duties of child advocacy centers to coordinate the investigation and prosecution of child sexual abuse and the referral of victims of child sexual abuse for treatment.
(1) An interdisciplinary, coordinated approach to the investigation of child sexual abuse, which must at a minimum include:
(a) An interagency notification procedure;
(b) A dispute resolution process for the involved agencies when a conflict arises in how to proceed with the investigation of a case;
(c) A policy on interagency decision making; and
(d) A description of the role each agency has in the investigation of a case;
(2) A safe, separate space, with assigned personnel, designated for the investigation and coordination of child sexual abuse cases;
(3) An interdisciplinary case review process for purposes of decision making, problem solving, systems coordination and information sharing;
(4) A comprehensive tracking system to receive and coordinate information concerning child sexual abuse cases from each participating agency;
(5) Interdisciplinary specialized training for all professionals involved with the cases of victims and families of child sexual abuse; and
(6) A process for evaluating the implementation and effectiveness of the protocol.
(1) Review child sexual abuse cases determined to be appropriate for review by the multidisciplinary team. A multidisciplinary team may review a child sexual abuse case in which the alleged abuser does not have custodial control or supervision of the child or is not responsible for the child's welfare or care; and
(2) Coordinate the actions of the entities involved in the investigation and prosecution of the cases and the delivery of services to the child sexual abuse victims and the victims' families.
summary
This bill provides for the establishment of child advocacy centers throughout the State. One center may be established in each of the State's 9 public health districts, and each center is responsible for coordinating the investigation and prosecution of child sexual abuse and referral of victims of child sexual abuse for treatment in that district.
The bill requires that an advisory board govern each center. Board members must be from the district and must include representatives from a county sheriff's office; the Department of Health and Human Services, Bureau of Child and Family Services; the district attorney's office; the State Police; a municipal police department; and a county mental health organization; or comparable representatives who carry out the same duties. Each board is required to prepare a written protocol that includes an interagency notification procedure; a dispute resolution process for the involved agencies when a conflict arises in how to proceed with the investigation of the case; a policy on interagency decision making; and a description of the role each agency has in the investigation of the case. Protocols must provide for a safe, separate space, with assigned personnel, designated for the investigation and coordination of child sexual abuse cases; an interdisciplinary case review process for purposes of decision making, problem solving, systems coordination and information sharing; a comprehensive tracking system to receive and coordinate information concerning child sexual abuse cases from each participating agency; interdisciplinary specialized training for all professionals involved with the cases of victims and families of child sexual abuse; and a process for evaluating the implementation and effectiveness of the protocol.
The bill provides that, on the execution of a memorandum of understanding, a center may be established. A center must assess victims of child sexual abuse and their families to determine their needs for services relating to the investigation of child sexual abuse; provide services determined to be necessary; provide a facility at which a multidisciplinary team can meet to facilitate the efficient and appropriate disposition of child sexual abuse cases through the civil and criminal justice systems; and coordinate the activities of governmental entities relating to child sexual abuse investigations and delivery of services to child sexual abuse victims and their families. Multidisciplinary teams must include employees of the participating agencies who are professionals involved in the investigation or prosecution of child sexual abuse cases. Multidisciplinary teams may also include professionals involved in the delivery of services, including medical and mental health services, to child sexual abuse victims and the victims' families. Multidisciplinary teams are required to meet at regularly scheduled times to review child sexual abuse cases determined to be appropriate for review by the multidisciplinary teams and coordinate the actions of the entities involved in the investigation and prosecution of the cases and the delivery of services to the child sexual abuse victims and the victims' families.
The bill specifies that a person is immune from civil liability for a recommendation or an opinion given in good faith while acting in the official scope of the person's duties as a member of a center's multidisciplinary team or as a staff member or volunteer of a center. The bill also specifies that the files, reports, records, communications and working papers used or developed in providing services are confidential and are not public records.
Beginning January 2015, the Department of Health and Human Services must annually report to the joint standing committee of the Legislature having jurisdiction over health and human services matters regarding the centers. The report must include the number of centers and an overview of the protocols adopted by the centers and the effectiveness of the centers in coordinating the investigation and prosecution of child sexual abuse and referral of victims of child sexual abuse for treatment. The committee may submit legislation related to the report.