LD 1314
pg. 5
Page 4 of 6 An Act To Establish Accountability in Out-of-home Abuse and Neglect Investigati... Page 6 of 6
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LR 1075
Item 1

 
to prevent, correct or eliminate abuse and neglect in out-of-
home settings.

 
7.__Records; confidentiality; disclosure.__Records created
pursuant to this section must be maintained in accordance with
section 4008 and may not be disclosed except as provided by
that section or by section 7703, subsections 2 to 4.__Any
finding of abuse or neglect against an individual must be
maintained as a child protective record.__Such findings may be
disclosed, with written permission from the individual, upon
request from any potential employer.

 
8.__Assistance.__Staff performing licensing or child
protection functions may assist the investigations unit in
conducting out-of-home investigations when staffing needs
require such assistance.__Law enforcement agencies may also
participate in investigations when criminal actions are
suspected.__Whenever possible or practicable, the
investigations unit shall coordinate with law enforcement.__
Within the department, the investigations unit shall direct
and coordinate the conduct of all out-of-home abuse or neglect
investigations.__The investigations unit is solely responsible
for reaching any finding of either institutional abuse or
neglect or abuse or neglect by an individual.

 
9.__Findings.__The investigations unit shall make a report
of the facts and findings in all investigations of out-of-home
abuse or neglect within 6 months.__Findings of institutional
abuse or neglect or abuse or neglect by an individual are
subject to due process requirements.__Any licensing findings
are subject to due process requirements if there is any
licensing action taken against an individual or agency.

 
10.__Office of the Attorney General.__Representatives of the
Office of the Attorney General shall represent the
investigations unit and the division in any due process
licensing actions and upon the request of the commissioner.__
The Office of the Attorney General shall advise and consult
with the division and the investigations unit in all licensing
or investigatory actions.

 
11.__Testimony of children.__In proceedings pursuant to this
section, any testimony from children in administrative
hearings or any other court having jurisdiction must be
conducted in accordance with the terms of the Child and Family
Services and Child Protection Act.__The administrative hearing
officer or the court of jurisdiction may rely on the
statements of children made to others to the extent of its
ability to rely on the person so testifying under oath.


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