A. 1. Upon receipt of a report that a child may be abused, neglected or drug-endangered, the Department of Human Services shall conduct a safety analysis.
2. The Department may employ or contract with active or retired social work, medical and law enforcement professionals who shall be strategically placed throughout the state to:
3. The Department shall forward a report of its assessment or investigation and findings to any district attorney's office which may have jurisdiction to file a petition pursuant to Section 1-4-101 of this title.
4. The Department shall determine the military status of parents whose children are subject to abuse or neglect. If the Department determines that a parent or guardian is currently serving on active duty in the United States military, the Department shall notify a United States Department of Defense family advocacy program that there is an investigation into the parent or guardian. The Department shall forward a report of its assessment or investigation and findings to the appropriate military law enforcement entity.
5. Whenever the Department determines there is a child that meets the definition of a "drug-endangered child", as defined in Section 1-1-105 of this title, or a child has been diagnosed with fetal alcohol syndrome and the referral is accepted for investigation, the Department shall conduct an investigation of the allegations and shall not limit the evaluation of the circumstances to an assessment.
6. Whenever the Department determines an infant has been diagnosed with Neonatal Abstinence Syndrome or a Fetal Alcohol Spectrum Disorder, but the referral is not accepted for investigation, the Department shall develop a plan of safe care that addresses both the infant and affected family member or caregiver. The plan of safe care shall address, at a minimum, the health and substance use treatment needs of the infant and affected family member or caregiver.
B. 1. If, upon receipt of a report alleging abuse or neglect or during the assessment or investigation, the Department determines that:
the Department shall immediately make a referral, either verbally or in writing, to the appropriate local law enforcement agency for the purpose of conducting a possible criminal investigation.
2. After making the referral to the law enforcement agency, the Department shall not be responsible for further investigation unless:
3. If, upon receipt of a report alleging abuse or neglect or during the assessment or investigation, the Department determines that the alleged abuse or neglect of the child involves:
the Department shall immediately make a referral, either verbally or in writing, to the appropriate law enforcement agency for the purpose of conducting a possible criminal investigation. After making the referral to the law enforcement agency, the Department shall not be responsible for further investigation.
C. 1. Any law enforcement agency receiving a referral as provided in this section shall provide the Department with a copy of the report of any investigation resulting from a referral from the Department.
2. Whenever, in the course of any criminal investigation, a law enforcement agency determines that there is cause to believe that a child, other than a child in the custody of the Office of Juvenile Affairs and placed in an Office of Juvenile Affairs secure juvenile facility, may be abused or neglected by reason of the acts, omissions, or failures on the part of a person responsible for the health, safety, or welfare of the child, the law enforcement agency shall immediately contact the Department for the purpose of an investigation.
D. If, upon receipt of a report alleging abuse or neglect, the Department determines that the family has been the subject of a deprived petition, the Department shall conduct a thorough investigation of the allegations and shall not limit the evaluation of the circumstances to an assessment. In addition, if the family has been the subject of three or more referrals, the Department shall conduct a thorough investigation of the allegations and shall not limit the evaluation of the circumstances to an assessment.
E. For the purposes of this section, "law enforcement" shall include military law enforcement if the subject of an investigation of abuse or neglect is currently serving in any branch of the United States military.
F. The Department shall promulgate rules to implement the provisions of this section.
Added by Laws 1995, c. 352, § 9, eff. July 1, 1995. Amended by Laws 1998, c. 421, § 6, emerg. eff. June 11, 1998; Laws 1999, c. 44, § 1, eff. Nov. 1, 1999; Laws 2000, c. 374, § 8, eff. July 1, 2000; Laws 2009, c. 233, § 17, emerg. eff. May 21, 2009. Renumbered from § 7003-1.1 of Title 10 by Laws 2009, c. 233, § 213, emerg. eff. May 21, 2009. Amended by Laws 2009, c. 338, § 4, eff. July 1, 2009; Laws 2010, c. 220, § 1, eff. May. 6, 2010; Laws 2011, c. 1, § 1, emerg. eff. March 18, 2011; Laws 2011, c. 244, § 1, eff. Nov. 1, 2011; Laws 2012, c. 91, § 2, eff. Nov. 1, 2012; Laws 2014, c. 101, § 1, eff. Nov. 1, 2014; Laws 2014, c. 363, § 1, eff. Nov. 1, 2014; Laws 2016, c. 66, § 1, eff. Nov. 1, 2016; Laws 2018, c. 256, § 3, emerg. eff. May 8, 2018.
NOTE: Laws 2010, c. 278, § 1 repealed by Laws 2011, c. 1, § 2, emerg. eff. March 18, 2011.