02/24/2014 01:30 PM Senate JUDICIARY

        SB 171-MULTIDISCIPLINARY CHILD PROTECTION TEAMS                                                                     
                                                                                                                                
1:49:28 PM                                                                                                                    
CHAIR  COGHILL announced  the consideration  of  SB 171."An  Act                                                               
relating  to   multidisciplinary  child  protection   teams;  and                                                               
relating to  investigation of child  abuse or neglect."  He noted                                                               
that there  was a  work draft committee  substitute (CS)  and Ms.                                                               
Moss would speak to it.                                                                                                         
                                                                                                                                
1:49:50 PM                                                                                                                    
RYNNIEVA MAAS, Staff, Senator John  Coghill, introduced SB 171 on                                                               
behalf  of  the  sponsor.  She spoke  to  the  following  sponsor                                                               
statement:                                                                                                                      
                                                                                                                                
     The  Child  Justice  Act   Task  Force  requested  this                                                                    
     legislation  to clarify  there  are  child abuse  cases                                                                    
     that may not involve  the Office of Children's Services                                                                    
     (OCS)  and  the  law  is  gray  on  whether  or  not  a                                                                    
     multidisciplinary   investigative  team   can  function                                                                    
     under state statute without the involvement of OCS.                                                                        
                                                                                                                                
     An example of such an  investigation would be a case in                                                                    
     which one parent sexually abused  a child and the other                                                                    
     parent  discovers  the  situation, reports  the  sexual                                                                    
     abuse, removes  the child from physical  contact of the                                                                    
     other parent, and the offending parent is arrested.                                                                        
                                                                                                                                
     [Multi-disciplinary  teams]   MDT's  do   conduct  such                                                                    
     investigations    currently   but    there   is    some                                                                    
     disagreement  about whether  or not  this is  occurring                                                                    
     within  the  boundaries  of  the   law.  SB  171  takes                                                                    
     uncertainty away.                                                                                                          
                                                                                                                                
MS. MOSS reviewed the bill sections:                                                                                            
                                                                                                                                
     Section 1.     Current interpretation of this statute                                                                    
     is the  Office of Children's Services  must establish a                                                                    
     MDT,  even though  in many  cases OCS  is not  involved                                                                    
     with  a child  abuse case  that involves  sexual abuse.                                                                    
     This section  expands the ability  to recruit a  MDT to                                                                    
     assist law enforcement  in criminal investigations that                                                                    
     involve an alleged crime against a child.                                                                                  
                                                                                                                                
     Sec. 2.   This section  was modified to clarify  who is                                                                  
     usually  part of  the MDT  team  and lists  who can  be                                                                    
     invited to be  on the MDT permanently or  as needed for                                                                    
     the particular matter in an investigation.                                                                                 
                                                                                                                                
     We have  added a representative  of an Indian  tribe if                                                                    
     applicable; not just someone familiar  with ICWA as was                                                                    
     the  old language  and  have included  in  the list  of                                                                    
     invitees  a representative  from  Division of  Juvenile                                                                    
     Justice.                                                                                                                   
                                                                                                                                
     Sec. 3.   This  section was  modified to  clarify other                                                                  
     members  of the  MDT can  refer cases  to the  MDT, not                                                                    
     just OCS.  It also  updates the statute to provide that                                                                    
     confidential records  in a CINA case  shall be provided                                                                    
     to members of the MDT.                                                                                                     
                                                                                                                                
     Sec. 4.   Mandates monthly meetings.                                                                                     
                                                                                                                                
     Sec. 5.   Cleanup language  to clarify  the goal  is to                                                                  
     avoid duplicative interviews.                                                                                              
                                                                                                                                
     Sec. 6.   Clarifies  investigations and  interviews can                                                                  
     be conducted by investigative agencies other than OCS.                                                                     
                                                                                                                                
CHAIR COGHILL  highlighted that the legislature  helped establish                                                               
child  advocacy  centers  where  these  multi-disciplinary  teams                                                               
work. The purpose  of the bill is  to ensure that a  child is not                                                               
re-traumatized, and these teams are  the best way to achieve that                                                               
goal.                                                                                                                           
                                                                                                                                
MS.  MOSS  reported  that  these  multi-disciplinary  teams  were                                                               
established by  statute in 1998  in House Bill 375.  Then private                                                               
citizen  John Coghill  waited for  two  days to  testify on  that                                                               
piece of  legislation and "it  put the fire  in his belly  to run                                                               
for office," she said.                                                                                                          
                                                                                                                                
CHAIR  COGHILL  agreed that  was  the  genesis of  his  political                                                               
career.                                                                                                                         
                                                                                                                                
1:55:17 PM                                                                                                                    
JAN  RUTHERDALE,  Chair,  Children's   Justice  Act  Task  Force,                                                               
pointed  out  that  there  are  two functions  of  the  MDTs:  1)                                                               
investigatory  and  2) review  of  ongoing  OCS cases.  The  bill                                                               
clarifies  that in  those cases  where  OCS is  not involved  the                                                               
protections of the statute still  apply when law enforcement does                                                               
an investigation. In  the second function, OCS may  find it needs                                                               
the assistance of a multi-disciplinary  team after it has filed a                                                               
petition that is working its way  through court so they refer the                                                               
case to  a MDT. In another  circumstance, there may be  people on                                                               
the MDT  that are concerned about  how a case is  progressing and                                                               
they may refer the case to the MDT.                                                                                             
                                                                                                                                
CHAIR COGHILL commented  that MDTs are able to  break through the                                                               
silos in the various departments  that all have authority to deal                                                               
with the child.                                                                                                                 
                                                                                                                                
SENATOR  DYSON  said  he  worked very  hard  to  introduce  child                                                               
advocacy centers  and their  genius is  that they  greatly reduce                                                               
the impact  on a  child. They've resulted  in better  cases going                                                               
forward.                                                                                                                        
                                                                                                                                
1:59:02 PM                                                                                                                    
SENATOR DYSON  moved to adopt work  draft CS for SB  171, labeled                                                               
28-LS1416\U, as the working document.                                                                                           
                                                                                                                                
CHAIR COGHILL  found no  objection and  announced that  Version U                                                               
was adopted.                                                                                                                    
                                                                                                                                
He announced that  he would hold SB 171 in  committee for further                                                               
consideration.