HB330 By Representative Hall RFD Public Safety and Homeland Security Rd 1 28-FEB-17

SYNOPSIS: Under existing law, when an initial report of child abuse or neglect is made to a law enforcement agency, the agency is required to inform the Department of Human Resources.

This bill would require the law enforcement agency to also inform a local child advocacy center approved by the Department of Child Abuse and Neglect Prevention.

A BILL TO BE ENTITLED AN ACT

To amend Section 26-14-3, Code of Alabama 1975, as last amended by Act 2016-354 of the 2016 Regular Session, relating to the reporting of child abuse or neglect; to provide for further reporting requirements.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 26-14-3, Code of Alabama 1975, as last amended by Act 2016-354 of the 2016 Regular Session, is amended to read as follows:

§26-14-3.

"(a) All hospitals, clinics, sanitariums, doctors, physicians, surgeons, medical examiners, coroners, dentists, osteopaths, optometrists, chiropractors, podiatrists, physical therapists, nurses, public and private K-12 employees, school teachers and officials, peace officers, law enforcement officials, pharmacists, social workers, day care workers or employees, mental health professionals, employees of public and private institutions of postsecondary and higher education, members of the clergy as defined in Rule 505 of the Alabama Rules of Evidence, or any other person called upon to render aid or medical assistance to any child, when the child is known or suspected to be a victim of child abuse or neglect, shall be required to report orally, either by telephone or direct communication immediately, and shall be followed by a written report, to a duly constituted authority.

"(b) When an initial report is made to a law enforcement official, the official subsequently shall inform the Department of Human Resources of the report so that the department can carry out its responsibility to provide protective services when deemed appropriate to the respective child or children. The official shall also inform a local child advocacy center that has been approved by the Department of Child Abuse and Neglect Prevention pursuant to Article 4, Chapter 16, of Title 26.

"(c) When the Department of Human Resources receives initial reports of suspected abuse or neglect, as defined in Section 26-14-1, including suspected abuse or neglect involving discipline or corporal punishment committed in a public or private school or suspected abuse or neglect in a state-operated child residential facility, the Department of Human Resources shall transmit a copy of school reports to the law enforcement agency and residential facility reports to the law enforcement agency and the operating state agency which shall conduct the investigation. When the investigation is completed, a written report of the completed investigation shall contain the information required by the state Department of Human Resources which shall be submitted by the law enforcement agency or the state agency to the county department of human resources for entry into the state's central registry.

"(d) Nothing in this chapter shall preclude interagency agreements between departments of human resources, law enforcement, and any other state agencies on procedures for investigating reports of suspected child abuse and neglect to provide for departments of human resources to assist law enforcement and other state agencies in these investigations.

"(e) Any provision of this section to the contrary notwithstanding, if any agency or authority investigates any report pursuant to this section and the report does not result in a conviction, the agency or authority shall expunge any record of the information or report and any data developed from the record.

"(f) Subsection (a) to the contrary notwithstanding, a member of the clergy shall not be required to report information gained solely in a confidential communication privileged pursuant to Rule 505 of the Alabama Rules of Evidence which communication shall continue to be privileged as provided by law.

"(g) Commencing on August 1, 2013, a public or private employer who discharges, suspends, disciplines, or penalizes an employee solely for reporting suspected child abuse or neglect pursuant to this section shall be guilty of a Class C misdemeanor."

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Child Abuse

Law Enforcement Officers

Human Resources Department

Child Abuse and Neglect Prevention Department

Code Amended