Contents of protocols; formal requirements

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A. The interagency protocols for the multidisciplinary investigation of allegations of child abuse shall include but not be limited to agreement about the following issues:

(1) Identification of cases in which joint investigations are necessary or appropriate in accordance with Article 508 of this Part.

(2) Identification of community agencies and professions that should be permanent or ad hoc members of the multidisciplinary investigative team in accordance with Article 512 of this Part.

(3) Procedures for conducting joint investigations in emergency and nonemergency cases, including notification of team members about an investigation and a description of each agency's role and responsibilities.

(4) Procedures for ensuring that interviews of the child victim are conducted in a neutral, legally sound manner and by a qualified forensic interviewer, except when the circumstances of the particular case justify the assignment of another interviewer.

(5) Procedures for reducing the risk of harm to child victims, including ensuring that the child is in a safe surrounding, and when necessary the removal of the alleged perpetrator.

(6) Procedures for reducing the number of interviews of the child victim and the use, if available, of a child advocacy center.

(7) Procedures for developing a service and treatment plan for the child victim and his family.

(8) Procedures for respecting the confidentiality of agency records and information, and a policy identifying the conditions for the sharing of information.

(9) Administrative procedures, including the scheduling of team meetings and the designation of leadership roles.

(10) Any other procedures to avoid duplication of fact-finding efforts and interviews of the child.

B. The interagency protocols shall be in writing and signed by each member of the committee and by any other person with authority to bind a represented organization. A copy shall be filed with the juvenile courts, or if there is no juvenile court, with the division of the district court that hears juvenile cases, and also furnished to every agency involved in the investigation of child abuse or treatment of child victims.

C. No agreement made pursuant to this Article shall relieve any public agency of any obligation or responsibility otherwise imposed upon it by law, except that actual and timely performance by an intergovernmental legal entity created to perform joint intergovernmental functions by an agreement made under this Article may be offered in satisfaction of the obligation or responsibility.

Acts 2003, No. 749, §1.


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