SB361 By Senators Holtzclaw, Dial, Williams and Whatley RFD Health and Human Services Rd 1 15-MAR-16

SYNOPSIS: Under existing law, certain persons and state and local agencies are required to report any suspected or known child abuse or neglect to a duly constituted authority, such as the chief of police of a municipality, the sheriff of a county, or the local department of human resources, and when the initial report is made to a law enforcement official, the official must inform the Department of Human Resources so that the department can carry out its responsibility to provide protective services when necessary.

This bill would require the Department of Human Resources to make efforts to determine the military status of the parent or guardian of the child who is the subject of the child abuse or neglect allegation.

This bill would further provide that if the parent or guardian is in the military, the Department of Human Resources would be required to notify a United States Department of Defense family advocacy program at the military installation of the parent or guardian that there is an allegation of child abuse or neglect that is being investigated that involves a child of the military parent or guardian.

A BILL TO BE ENTITLED AN ACT

To amend Section 26-14-3 of the Code of Alabama 1975, relating to the mandatory reporting requirements of child abuse or neglect; to require the Department of Human Resources to make efforts to determine the military status of the parent or guardian of the child; and to further require the Department of Human Resources to notify a United States Department of Defense family advocacy program at the military installation of the parent or guardian of the allegation of child abuse or neglect.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 26-14-3 of the Code of Alabama 1975, 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, followed by a written report, to a duly constituted authority.

"(b)(1) 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.

"(2) As soon as is practicable after a report of known or suspected child abuse or neglect is made, the Department of Human Resources shall make efforts to determine the military status of the parent or guardian of the child who is the subject of the child abuse or neglect allegation.

"(3) If the Department of Human Resources determines that a parent or guardian under subdivision (2) is in the military, the department shall notify a United States Department of Defense family advocacy program at the military installation of the parent or guardian that there is an allegation of child abuse or neglect that is being investigated that involves a child of the military parent or guardian.

"(c) When the Department of Human Resources receives initial reports of 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 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 immediately following its passage and approval by the Governor, or its otherwise becoming law.

Human Resources Department

Department of Defense

Child Abuse

Minors

Military

Law Enforcement

Code Amended