MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Public Health and Welfare; Appropriations
By: Senator(s) Burton
AN ACT TO AMEND SECTION 43-15-51, MISSISSIPPI CODE OF 1972, TO ESTABLISH A COMPREHENSIVE NONPROFIT RESPONSE PROGRAM FOR THE INVESTIGATION OF SEXUAL ABUSE OF CHILDREN AND SERIOUS PHYSICAL ABUSE OF CHILDREN; TO DIRECT THE STATE DEPARTMENT OF HUMAN SERVICES TO CONTRACT WITH THE CHILDREN'S ADVOCACY CENTERS OF MISSISSIPPI, INC., TO PROVIDE SERVICES TO LOCAL CHILDREN'S ADVOCACY CENTER PROGRAMS; TO PRESCRIBE STANDARDS FOR CHILD ADVOCACY CENTER CONTRACTS; TO PRESCRIBE FISCAL REQUIREMENTS; TO AUTHORIZE A MEMORANDUM OF UNDERSTANDING FOR THE ESTABLISHMENT OF A CHILDREN'S ADVOCACY CENTER; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-15-51, Mississippi Code of 1972, is amended as follows:
43-15-51. (1) The district attorneys or the Department of Human Services may initiate formal cooperative agreements with the appropriate agencies to create multidisciplinary child protection teams in order to implement a coordinated multidisciplinary team approach to intervention in reports involving alleged severe or potential felony child physical or sexual abuse, exploitation, or maltreatment. The multidisciplinary team also may be known as a child abuse task force. The purpose of the team or task force shall be to assist in the evaluation and investigation of reports and to provide consultation and coordination for agencies involved in child protection cases. The agencies to be included as members of the multidisciplinary team are: the district attorney's office, city and county law enforcement agencies, county attorneys, youth court prosecutors, and other agencies as appropriate.
(2) To implement the multidisciplinary child abuse team, the team or task force must be authorized by court order from the appropriate youth court. The court order will designate which agencies will participate in the cooperative multidisciplinary team.
(3) (a) Teams created under this section may invite other persons to serve on the team who have knowledge of and experience in child abuse and neglect matters. These persons may include licensed mental and physical health practitioners and physicians, dentists, representatives of the district attorney’s office and the Attorney General's office, experts in the assessment and treatment of substance abuse or sexual abuse, the victim assistance coordinator of the district attorney’s office and staff members of a child advocacy center.
(b) (i) A child advocacy center means an agency that advocates on behalf of children alleged to have been abused and assists in the coordination of the investigation of child abuse by providing a location for forensic interviews and promoting the coordination of services for children alleged to have been abused. A child advocacy center provides services that include, but are not limited to, forensic medical examinations, mental health and related support services, court advocacy, consultation, training for social workers, law enforcement training, and child abuse multidisciplinary teams, and staffing of multidisciplinary teams.
(ii) Child advocacy centers may provide a video-taped forensic interview of the child in a child friendly environment or separate building. The purpose of the video-taped forensic interview is to prevent further trauma to a child in the investigation and prosecution of child physical and sexual abuse cases. Child advocacy centers can also assist child victims by providing therapeutic counseling subsequent to the interview by a qualified therapist. Child advocacy centers can also assist law enforcement and prosecutors by acquainting child victim witnesses and their parents or guardians to the courtroom through child court school programs.
(4) A team or task force created under this section shall review records on cases referred to the team by the Department of Human Services or law enforcement or the district attorney’s office. The team shall meet at least monthly.
(5) No person shall disclose information obtained from a meeting of the multidisciplinary team unless necessary to comply with Department of Human Services' regulations or conduct and proceeding in youth court or criminal court proceedings or as authorized by a court of competent jurisdiction.
(6) (a) The purpose of this subsection (6) is to establish a program that provides a comprehensive, multidisciplinary, nonprofit, and coordinated response to the investigation of sexual abuse of children and serious physical abuse of children in a child-focused and child-friendly facility known as a child advocacy center as provided in this Section 43-15-51. The Department of Human Services shall contract with the Children's Advocacy Centers of Mississippi for the establishment and operation of children's advocacy center programs under the following standards and requirements:
(a) The Children's Advocacy Centers of Mississippi shall provide training, technical assistance, program enhancement and evaluation services for local children's advocacy center programs. The statewide organization shall also provide statewide training opportunities for professionals involved in the investigation and prosecution of child abuse.
(b) The Children's Advocacy Centers of Mississippi shall retain no more than twenty-five percent (25%) of the appropriated funds for use for training, technical assistance, program enhancement, evaluation services for local children's advocacy center programs and the administration of contracts with the local children's advocacy centers. The remaining funds may be used for grant contracts with existing and developing child advocacy centers.
(c) The Children's Advocacy Centers of Mississippi, shall:
(i) Annually evaluate each child advocacy center for compliance with the program and fiscal requirements;
(ii) Promulgate rules and procedures to implement the evaluation of each child advocacy center;
(iii) Adopt a uniform system of recordkeeping and reporting to ensure the proper handling of funds by child advocacy centers and to ensure uniformity and accountability by child advocacy centers; and
(iv) Provide training and technical assistance to child advocacy centers to ensure best practice standards for forensic interviews and the accreditation standards for
child advocacy centers.
(d) The Children's Advocacy Centers of Mississippi shall contract for services with eligible centers to facilitate the development of new child advocacy centers in unserved or underserved areas and enhance the services of existing child advocacy centers.
(e) The contract under this section may not result in reducing the financial support a local center receives from another source.
(f) The Children's Advocacy Centers of Mississippi shall provide an annual report to the Department of Human Services and the Chairs of the House and Senate, Public Health and Human Services Committees containing the following information:
(i) The incidence of child abuse in this state based on the information obtained by the children's advocacy centers;
(ii) A description of centers that meet the requirements of and receive funding to support the development and enhancement of child advocacy centers;
(iii) The number of children receiving forensic interview services at the child advocacy center; and
(iv) Outcome data provided by the child advocacy center.
(g) Contracts and funding amounts will be granted on a tiered system based on current status in the accreditation process: Tier One, Accredited Child Advocacy Center; Tier Two, Associate Child Advocacy Center; Tier Three, Developing Child
Advocacy Center.
(h) Funds shall be withheld from an established child advocacy center that no longer meets the standards for funding.
(i) A nonprofit entity that operates a child advocacy center is eligible for a contract with the Children's Advocacy Centers of Mississippi. A "child advocacy center" shall be a community-based organization that is a member in good standing with the Children's Advocacy Centers of Mississippi, and is working to implement the following program components to become a fully accredited child advocacy center within timeframes established by the Children's Advocacy Centers of Mississippi and which meets the following minimum standards:
(i) Child-appropriate/child-friendly facility. A child advocacy center shall provide a comfortable, private, child-friendly setting that is both physically and psychologically safe for clients.
(ii) Multidisciplinary team (MDT). A child advocacy center shall establish a multidisciplinary team for response to child abuse allegations includes representation from the following: law enforcement; child protective services; prosecution; mental health; medical; victim advocacy; child advocacy center.
(iii) Organizational capacity: The child advocacy center shall be a designated, nonprofit legal entity responsible for program and fiscal operations has been established and implements basic sound administrative practices.
(iv) Cultural competency and diversity: The child advocacy center shall promote policies, practices and procedures that are culturally competent. Cultural competency is defined as the capacity to function in more than one (1) culture, requiring the ability to appreciate, understand and interact with members of diverse populations within the local community.
(v) Forensic interviews. The child advocacy center shall provide that forensic interviews are conducted in a manner which is of a neutral, fact-finding nature and coordinated to avoid duplicative interviewing.
(vi) Medical evaluation. The child advocacy center shall provide specialized medical evaluation and treatment to be made available to child advocacy center clients as part of the team response, either at the child advocacy center or through coordination and referral with other specialized medical providers.
(vii) Therapeutic intervention. The child advocacy center shall ensure that specialized mental health services are to be made available as part of the team response, either at the child advocacy center or through coordination and referral with other appropriate treatment providers.
(viii) Victim support/advocacy. The child advocacy center shall provide that victim support and advocacy are to be made available as part of the team response, either at the child advocacy center or through coordination with other providers, throughout the investigation and subsequent legal proceedings.
(ix) Case review. The child advocacy center shall provide that team discussion and information sharing regarding the investigation, case status and services needed by the child and family are to occur on a routine basis.
(x) Case tracking. Child advocacy centers must develop and implement a system for monitoring case progress and tracking case outcomes for team components.
(j) A nonprofit child advocacy center is eligible for contracts if the entity:
(i) Meets the requirements outlined in paragraph (i) of this subsection (6);
(ii) Has a signed interagency memorandum of understanding as outlined in paragraphs (m), (n) and (o) of this subsection (6);
(iii) Participates on the multidisciplinary team in the county in which it provides forensic interview services with other employees of the participating agencies who are professionals involved in the investigation or prosecution of child abuse cases as outlined in this Section 43-15-51;
(iv) Has developed a method of statistical information gathering on children receiving services through the center and shares such statistical information with the statewide organization and the Department of Human Services when
requested;
(v) Employs an executive director who is answerable to the board of directors of the entity and who is not the exclusive salaried employee of any public agency partner;
(vi) Provides ongoing training for child advocacy center staff to provide best practices in forensic interviewing and medical and mental health evaluations to children who are examined at a child advocacy center; and
(vii) Operates under a working protocol that includes, at a minimum, a statement of:
1. The center's mission;
2. Each agency's role and commitment to the center;
3. The type of cases to be handled by the center;
4. The center's procedures for conducting case reviews and forensic interviews and for ensuring access to specialized medical and mental health services; and
5. The center's policies regarding confidentiality.
(k) The statewide organization may waive the requirements specified in paragraph (j) of this subsection (6) if it determines that the waiver will not adversely affect the center's ability to carry out its duties. Any waiver that is granted must be identified in the written contract with the center.
(l) Every child advocacy center receiving appropriated funds shall:
(i) Incorporate in this state as a private nonprofit corporation that is exempt from taxation under 501(c)3 of the Internal Revenue Code and that has the primary purpose of providing services to victims of child abuse;
(ii) Be governed by a board of directors;
(iii) Develop and implement written personnel policies that state the child advocacy centers' employment practices;
(iv) Develop and implement written procedures that conform with the Children's Advocacy Centers of Mississippi to ensure proper handling of funds; and
(v) Provide the Children's Advocacy Centers of Mississippi with statistical data regarding the children served.
(m) A children's advocacy center may be established by community members and the participating entities on the execution of a memorandum of understanding, as described by this section to serve one (1) county or two (2) or more contiguous counties. Before a center may be established, a memorandum of understanding regarding participation in operation of the center must be executed among:
(i) The division of the department responsible for child abuse investigations;
(ii) Representatives of county and municipal law enforcement agencies that investigate child abuse in the area to be served by the center;
(iii) The district attorney who routinely prosecutes child abuse cases in the area to be served by the center; and
(iv) A representative of any other governmental entity that participates in child abuse investigations or offers services to child abuse victims that desires to participate in the operation of the center.
(n) A memorandum of understanding executed under this section shall include the agreement of each participating entity to cooperate in:
(i) Developing a cooperative, team approach to investigating child abuse;
(ii) Reducing, to the greatest extent possible the number of interviews required of a victim of child abuse to minimize the negative impact of the investigation on the child; and
(iii) Developing, maintaining and supporting, through the center, an environment that emphasizes the best interests of children and that provides investigatory and intervention services.
(o) A memorandum of understanding executed under this section may include the agreement of one or more participating entities to provide office space and administrative services necessary for the center's operation.
SECTION 2. This act shall take effect and be in force from and after July 1, 2012.