Bill No.: SF0039                  Drafter:  JHR

 

LSO No.:  05LSO-0021              Effective Date:  7/1/2005

 

Enrolled Act No.:  SEA0108

 

Chapter No.:       236

 

Prime Sponsor:     Joint Judiciary Interim Committee

 

Catch Title:       Child protection amendments.

 

Subject:  Amends provisions relating to child protection, Juvenile Court Act and children in need of supervision.

 

Summary/Major Elements:

·         This bill:

·         Establishes an interagency children's collaborative comprised of officials in the major state agencies dealing with juveniles and a Governor's appointee to provide a general review of cases and review statewide availability of resources for children in state custody;

·         Requires the Department of Family Services (DFS) to adopt rules, with advice from the Departments of Health (DoH), Education and Workforce Services, governing review of child protection cases and processes for the collaborative to review cases presented voluntarily by multidisciplinary teams (MDTs);

·         Amends composition and duties of MDTs;

·         Requires child protection teams to identify and develop community resources to serve abused and neglected children;

·         Requires DFS to ensure caseworkers are properly trained to deal with families in child protection cases;

·         Requires social workers to advise individuals subject to allegations of child abuse or neglect of the allegations and their constitutional and statutory rights;

·         Requires DFS to refer a child under 6 years of age who is alleged to be abused to the DoH for developmental screening and assessment;

·         Requires that reports of suspected abuse or neglect shall be conveyed immediately to law enforcement or the local child protection agency;

·         Limits who may take a child into temporary protective custody and amends notification procedures;

·         Authorizes the child to be placed with the noncustodial parent or the child's extended family when it is in the best interests of the child, or to be kept in a hospital when necessary to ensure appropriate care;

·         Allows a district attorney to file emergency petitions, and DFS, local law enforcement, a hospital administrator or a health care provider to request a court for a protective order;

·         Authorizes a court to enter a protective order upon a finding that reasonable cause exists that a child has been abused or neglected;

·         Limits temporary protective custody to 48 hours, excluding weekends and legal holidays;

·         Establishes timelines within which the MDTs and child protective teams shall provide reports to the court.