North Dakota Code 50-25.1-05 – Child protection assessment – Alternative response assessment – Family services assessment
1. The department or authorized agent, in accordance with rules adopted by the department, immediately shall initiate a child protection assessment, alternative response assessment, or family services assessment or cause an assessment, of any report of child abuse or neglect including, when appropriate, the child protection assessment, alternative response assessment, or family services assessment of the home or the residence of the child, any school or child care facility attended by the child, and the circumstances surrounding the report of abuse or neglect.
Terms Used In North Dakota Code 50-25.1-05
- children: includes children by birth and by adoption. See North Dakota Code 1-01-18
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
- Statute: A law passed by a legislature.
2. According to guidelines developed by the department, the department or authorized agent may initiate an alternative response assessment or family services assessment if the department or authorized agent determines initiation is appropriate.
3. If the report alleges a violation of a criminal statute involving sexual or physical abuse, the department or authorized agent shall initiate a child protection assessment by contacting the law enforcement agency having jurisdiction over the alleged criminal violation. The department or authorized agent and an appropriate law enforcement agency shall coordinate the planning and execution of the child protection assessment and law enforcement investigation efforts to avoid a duplication of factfinding efforts and multiple interviews. If the law enforcement agency declines to investigate, the department or authorized agent shall continue the child protection assessment to a determination.
4. The department, the authorized agent, or the law enforcement agency may:
a. Refer the case to a children‘s advocacy center for a forensic interview, forensic medical examination, and other services.
b. Interview, without the consent of a person responsible for the child’s welfare, the alleged abused or neglected child and any other child who currently resides or who has resided with the person responsible for the child’s welfare or the alleged perpetrator.
c. Conduct the interview at a school, child care facility, or any other place where the alleged abused or neglected child or other child is found.
5. Except as prohibited under title 42, Code of Federal Regulations, part 2, or title 34, Code of Federal Regulations, part 99, a medical, dental, or mental health professional, hospital, medical or mental health facility, health care clinic, or a public or private school shall disclose to the department or the authorized agent, upon request, the records of a patient, client, or student. The department, or the authorized agent, shall limit the request for records to the minimum amount of records necessary to enable a determination to be made or to support a determination of whether child abuse or neglect is confirmed, confirmed with unknown subject, or unable to determine to provide for the protection and treatment of an abused or neglected child.
6. The department shall adopt guidelines for case referrals to a children’s advocacy center. When cases are referred to a children’s advocacy center, all interviews of the alleged abused or neglected child conducted at the children’s advocacy center under this section must be audio-recorded or video-recorded.
7. The department or authorized agent shall complete an evidence-based screening tool during a child protection assessment or a family services assessment.
8. The department or authorized agent may terminate in process a child protection assessment upon a determination there is no credible evidence supporting the reported abuse or neglect occurred.
9. If a report alleges institutional child abuse or neglect involving a public or private school, the department or the department’s authorized agent shall conduct a child protection assessment. If practical, the department or the department’s authorized agent shall provide notice of the onset of a child protection assessment to the public or private school. A public or private school may complete an investigation into any conduct reported or alleged to constitute institutional child abuse or neglect at the school’s institution concurrently with a child protection assessment. If a public or private school conducts an investigation concurrently with a child protection assessment, the department or the department’s authorized agent and the public or private school shall coordinate the planning and execution of the child protection assessment and public or private school investigation efforts to avoid a duplication of fact finding efforts and multiple interviews if practical.