SENATE BILL 72

48th legislature - STATE OF NEW MEXICO - second session, 2008

INTRODUCED BY

Mary Jane M. Garcia

AN ACT

RELATING TO CHILD ABUSE AND NEGLECT; CREATING THE CHILD ADVOCACY ADVISORY COUNCIL; ESTABLISHING MULTIDISCIPLINARY CHILD ABUSE INVESTIGATORY TEAMS IN EACH JUDICIAL DISTRICT; REQUIRING THAT ALL INVESTIGATIONS OF CHILD ABUSE AND NEGLECT BE CONDUCTED IN ACCORDANCE WITH APPROVED PROTOCOLS; MAKING APPROPRIATIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. CHILD ADVOCACY ADVISORY COUNCIL--CREATION--MEMBERSHIP--DUTIES.--

          A. The "child advocacy advisory council" is created. The council consists of the following three ex-officio members or their designees and six appointed members:

                (1) the attorney general or the attorney general's designee;

                (2) the secretary of children, youth and families or the secretary's designee;

                (3) the director of the New Mexico children's safehouse network or the director's designee;

                (4) two district attorneys appointed by the director of the administrative office of the district attorneys;

                (5) two representatives from local law enforcement agencies appointed by the secretary of public safety; and

                (6) two health professionals with expertise in child abuse and neglect treatment appointed by the secretary of health.

          B. The council shall select a chair, a vice chair and other officers as it deems necessary.

          C. The council shall meet at the call of the chair but not less than twice annually. A majority of members constitutes a quorum for the transaction of business. The affirmative vote of at least a majority of the quorum present shall be necessary for an action to be taken by the council.

          D. The ex-officio board members shall select by lot three appointed members to serve initial terms of three years each. Thereafter, members shall be appointed to staggered terms of two years each; provided that no more than three terms expire in any one year. A vacancy shall be filled by appointment by the original appointing authority for the remainder of the unexpired term.

          E. Appointed members are entitled to reimbursement for attending meetings of the board as provided for nonsalaried officers in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.

          F. The administrative office of the district attorneys shall provide staff for the council.

          G. The council shall:

                (1) develop and adopt a uniform model protocol for the investigation of cases of child abuse and neglect;

                (2) review, evaluate and approve protocols developed by multidisciplinary child abuse investigatory teams; and

                (3) review and revise the uniform model protocol every two years if necessary.

          H. At least thirty days prior to the convening of each regular session of the legislature, the council shall transmit a report of its activities pursuant to this section to:

                (1) the governor;

                (2) the New Mexico legislative council;

                (3) the attorney general;

                (4) the secretary of children, youth and families;

                (5) the secretary of health;

                (6) the secretary of public safety; and

                (7) any other persons the council deems appropriate.

     Section 2. MULTIDISCIPLINARY CHILD ABUSE INVESTIGATORY TEAMS ESTABLISHED--MEMBERSHIP--DUTIES.--

          A. A "multidisciplinary child abuse investigatory team" is created in each judicial district in the state. Members of each team are:

                (1) the district attorney of the judicial district in which the team is created or the district attorney's designee;

                (2) a representative from the protective services division of the children, youth and families department appointed by the director of the division;

                (3) a representative from a children's safehouse program that exists in the judicial district in which the team is created, appointed by the director of the New Mexico children's safehouse network; and

                (4) the following members appointed by the district attorney of the judicial district in which the team is created in consultation with the director of the New Mexico children's safehouse network:

                     (a) a representative from each law enforcement agency within the judicial district;

                     (b) medical personnel with expertise in child abuse and neglect identification and treatment; and

                     (c) any other members the district attorney deems appropriate.

          B. Each multidisciplinary child abuse investigatory team shall:

                (1) develop a written protocol for the investigation and prosecution of cases of child abuse and neglect in accordance with Section 3 of this 2008 act;

                (2) convene upon the request of any team member in order to consider proposed modifications to the team's existing protocol; and

                (3) train and provide technical assistance to team members, agencies and medical providers that investigate child abuse and neglect cases.

     Section 3. PROTOCOL FOR CHILD ABUSE AND NEGLECT CASES REQUIRED--DEVELOPMENT OF PROTOCOL--CONTENTS AND APPROVAL.--

          A. All investigations of child abuse and neglect in each judicial district in the state shall be conducted in accordance with the protocol for child abuse and neglect cases required pursuant to this section; provided a protocol has been developed by the multidisciplinary child abuse investigatory team in that judicial district and approved by the child advocacy advisory council.

          B. No later than December 1, 2008, the child advocacy advisory council shall develop and adopt a uniform model protocol for the investigation of cases of child abuse and neglect. Upon adoption of the protocol, the council shall distribute the protocol to the district attorneys for each judicial district in the state and each agency in the state that is involved in the investigation and prosecution of cases of child abuse and neglect.

          C. The purpose of the uniform model protocol shall be to increase the efficiency and effectiveness of the agencies handling the cases and to facilitate the provision of services to children and families. The protocol shall define roles and responsibilities of multidisciplinary child abuse investigatory teams, agencies and medical providers that investigate child abuse and neglect cases. The protocol shall include procedures and requirements for:

                (1) conducting investigations in emergency and non-emergency cases, including descriptions of the roles of each agency and the multidisciplinary child abuse investigatory teams;

                (2) conducting joint preliminary interviews and forensic interviews of child victims and family members;

                (3) conducting medical examinations of child victims by medical practitioners with expertise in sexual abuse examinations;

                (4) reducing the risk of harm to child victims, including ensuring that victims are in safe surroundings, and removing the alleged perpetrator when necessary;

                (5) providing child victims mental and behavioral health services and victim advocacy;

                (6) the role of the multidisciplinary child abuse investigatory team in making referrals to appropriate, licensed providers;

                (7) periodic case reviews and tracking by multidisciplinary child abuse investigatory teams;

                (8) maintaining the confidentiality of child victims, family members and records and information of agencies involved in investigations, including access to data by multidisciplinary child abuse investigatory team members from the consolidated offender query system as permitted by the children, youth and families department;

                (9) providing training and technical assistance to multidisciplinary child abuse investigatory team members, agencies and medical providers that investigate child abuse and neglect cases; and

                (10) scheduling meetings of the multidisciplinary child abuse investigatory teams and the designation of leadership roles.

          D. No later than July 1, 2009, each multidisciplinary child abuse investigatory team shall:

                (1) develop and adopt a written protocol for the investigation and prosecution of cases of child abuse and neglect in the judicial district that is consistent with the uniform model protocol adopted by the child advocacy advisory council and signed by each team member; and

                (2) submit the protocol to the council for review and approval.

          E. Protocols of a multidisciplinary child abuse investigatory team that are approved by the child advocacy advisory council shall be furnished by the team to each agency and medical provider in the team's judicial district that is involved in the investigation and prosecution of cases of child abuse and neglect.

     Section 4. APPROPRIATIONS.--

          A. Two hundred sixty thousand dollars ($260,000) is appropriated from the general fund to the child advocacy advisory council for expenditure in fiscal years 2009 through 2012 to assist New Mexico's thirteen judicial districts in carrying out the purposes of this act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2012 shall revert to the general fund. The appropriation shall be distributed by the child advocacy advisory council to each of New Mexico's thirteen judicial districts as follows:

                (1) judicial disctricts that do not have protocols approved by the child advocacy advisory council shall receive a distribution to fund the development of protocols, best practices and training and technical assistance programs by multidisciplinary child abuse investigatory teams;

                (2) judicial districts that have protocols approved by the child advocacy advisory council shall receive a distribution to fund the provision of training and technical assistance to agencies and medical providers by multidisciplinary child abuse investigatory teams; and

                (3) no more than five thousand dollars ($5,000) shall be distributed to a judicial district in each fiscal year.

          B. Twenty-eight thousand dollars ($28,000) is appropriated from the general fund to the administrative office of the district attorneys for expenditure in fiscal years 2009 through 2012 for administrative costs related to carrying out this act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2012 shall revert to the general fund.

          C. One hundred fifty thousand dollars ($150,000) is appropriated from the general fund to the New Mexico sentencing commission for expenditure in fiscal year 2009 to develop and complete the implementation of an expansion of the consolidated offender query system to enable the real-time viewing of child abuse and neglect cases reported to the children, youth and families department by law enforcement, district attorneys or other authorized personnel. Any unexpended or unencumbered balance remaining at the end of fiscal year 2009 shall revert to the general fund.

     Section 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2008.

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