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By the Center for
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D I D Y O U K N O W ? Corporations VOTED to adopt this. Through ALEC, global companies

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MODEL LEGISLATION
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Model Legislation

Public Safety and Elections

Child Abuse Investigation Reform Act
Summary

Did you know the
NRA--the National
Rifle Association-was the corporate
co-chair in 2011?

This act establishes procedures for transferring investigative authority for child abuse
cases from child protective services agencies to law enforcement agencies.

Model Bill
Section 1. {Short Title} This act may be cited as the Child Abuse Investigation
Reform Act.

Section 2. Findings
A. The legislature recognizes that the states have a responsibility to provide competent
and thorough child abuse investigations which are sensitive to the needs of children and
families.
B. It is difficult for child-protection services (CPS) caseworkers, who are currently
charged with the responsibilities of investigating child abuse and providing services to
children and families, to separate their dual roles as investigators and service providers.
C. Many studies show that child abuse investigations are compromised when these very
different functions are not separated.
D. Child abuse is a crime and suspected child abuse should be investigated with due
diligence by trained law enforcement officers.

Section 3. Family Protection Unit
A. Local child protection agencies shall transfer to or contract with law enforcement
agencies to conduct investigations into all child abuse as defined by interagency
agreement; and
B. Shall administer twenty-four-hour toll-free in-watts telephone services to report to the
law enforcement agency information regarding possible incidents of child abuse.

Section 4. Social Service Delivery
When the child protection agency and the law enforcement agency contract for the
administration of the child abuse hotline or for the law enforcement agency to conduct
child abuse investigations or both, the contract shall include provisions that address the
sharing of information reported to the child abuse hotline with the child-welfare agency
when such information is necessary for the agency to provide appropriate service
delivery to children and families.

Section 5. Personnel
Personnel transferred with the child abuse hotline or for child abuse investigations shall
be required to meet employment standards and policies established by the law
enforcement agency in order to retain their employment.

Section 6. Transfer of Powers and Funding
A. If a transfer of child abuse investigations occurs, any and all statutory authority,
powers, duties, functions, records, authorized positions, property, unexpended balances
of appropriations, allocations or other funds of the child-welfare for the purposes of child
abuse investigations will be transferred to the law enforcement agency. The transfer will
take place only after the development of a transition plan that will insure the efficient
and effective transfer of the powers and duties of the child-welfare agency to the law
enforcement agency so that there is continuous service delivery to and protection of the
children.
B. Funds for providing child protective must be identified in the annual appropriation
made to the child-welfare agency which shall award grants for the full amount identified
to the respective law enforcement agency. Funds for the child protective investigations
may not be integrated into the law enforcement agency’s regular budgets. Budgetary
data and other data relating to the performance of child protective investigations must
be maintained separately from all other records of the law enforcement agency.

Section 7. Performance Outcomes
A. The law enforcement agency shall submit reports regarding the administration of the
child abuse hotline and the conduct of child abuse investigations at least yearly or more
often as determined by legislative committees.
B. Program performance evaluation shall be based on criteria mutually agreed upon by
the respective law enforcement agency and the child-welfare agency. Outcome
measures concerning areas of protective investigation, including investigation protocol,

measures concerning areas of protective investigation, including investigation protocol,
substantiation rates, and standards of evidence collection and presentation will be
developed.
C. The child-welfare agency and the law enforcement agency shall submit an annual
report regarding quality performance, outcome-measure attainment and cost efficiency,
to the Governor and state legislature no later than {insert date} of each year after the
law enforcement agency begins contracting for child abuse investigations.
D. The Family Protection Unit shall develop and maintain statewide statistics regarding
the incidence of child abuse. Each county and city law enforcement agency conducting
child abuse investigations through referral from the child abuse hotline shall report the
status and disposition of these investigations to the Family Protection Unit on a quarterly
basis.
Adopted by ALEC's Criminal Justice Task Force at the Annual Meeting August 3, 2001.
Approved by full ALEC Board of Directors September, 2001.

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