Official summary
2005 General Session Summary for SF0039
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.