Legislation
SECTION 423-A
Child advocacy centers established
Social Services (SOS) CHAPTER 55, ARTICLE 6, TITLE 6
§ 423-a. Child advocacy centers established. 1. The office of children
and family services shall to the greatest extent practicable facilitate
the establishment of child advocacy centers in every region of the state
so that child victims of sexual abuse or serious physical abuse have
reasonable access to such a center and so that their cases are handled
in an expert and timely manner, by a coordinated and cooperative effort
that minimizes trauma to the children and their non-offending family
members. Child advocacy centers shall be established by either a
governmental entity or a private, nonprofit incorporated agency and
shall meet the state office of children and family services program
standards for child advocacy centers approval and strive to co-locate
members of the local multi-disciplinary team at the child advocacy
center.
2. Child advocacy centers may assist in the investigation of child
abuse and maltreatment cases and shall provide at a minimum for the
following:
(a) a comfortable, private setting that is both physically and
psychologically safe for children;
(b) sound program, fiscal and administrative practices;
(c) policies, practices and procedures that are culturally competent;
for the purpose of this paragraph "culturally competent" is defined as
the capacity to function in more than one culture, requiring the ability
to appreciate, understand and interact with members of diverse
populations within the local community;
(d) a multidisciplinary investigative team established pursuant to
subdivision six of section four hundred twenty-three of this article;
(e) a written set of interagency protocols for an interdisciplinary
and coordinated approach to the investigation of child abuse;
(f) forensic interviews to be conducted in a manner which is neutral
and fact-finding and coordinated to avoid duplicative interviewing;
(g) specialized medical evaluation and treatment as part of the
multidisciplinary investigative team response, either at the center or
through coordination with and referral to other appropriate treatment
providers;
(h) specialized mental health services as part of the
multidisciplinary investigative team response, either at the center or
through coordination with and referral to other appropriate treatment
providers;
(i) victim support and advocacy as part of the multidisciplinary team
investigative team response, either at the center or through
coordination with and referral to other appropriate treatment providers;
(j) a routine interdisciplinary case review process for purposes of
decision making, problem solving, systems coordination and information
sharing concerning case status and services needed by the child and
family;
(k) a comprehensive tracking system for monitoring case process and
tracking case outcomes for team members; and
(l) a process for evaluating its effectiveness and its operation.
3. Child advocacy centers may also provide space for medical
evaluation, therapeutic intervention, support services for child abuse
victims and their families, community education about child abuse, and
any other services the center deems critical to the provision of service
to child victims and their families and the multidisciplinary
investigation of abuse allegations.
4. Any child advocacy center established prior to the effective date
of this section shall, within six months of the effective date of this
section, revise its policies and practices to comply with subdivision
two of this section. No organization shall refer to itself as a child
advocacy center unless it complies with this section.
5. (a) The files, reports, records, communications, working papers or
videotaped interviews used or developed in providing services under this
section are confidential. Provided, however, that disclosure may be made
to members of a multidisciplinary investigative team who are engaged in
the investigation of a particular case and who need access to the
information in order to perform their duties for purposes consistent
with this section and to other employees of a child advocacy center who
are involved in tracking cases for the child advocacy center. Disclosure
shall also be made for the purpose of investigation, prosecution and/or
adjudication in any relevant court proceeding or, upon written release
by any non-offending parent, for the purpose of counseling for the child
victim.
(b) Any public or private department, agency or organization may share
with a child advocacy center information that is made confidential by
law when it is needed to provide or secure services pursuant to this
section. Confidential information shared with or provided to a center
remains the property of the providing organization.
(c) The office of children and family services shall have access to
all records created or maintained by a child advocacy center in order to
carry out the responsibilities of that office pursuant to this title.
and family services shall to the greatest extent practicable facilitate
the establishment of child advocacy centers in every region of the state
so that child victims of sexual abuse or serious physical abuse have
reasonable access to such a center and so that their cases are handled
in an expert and timely manner, by a coordinated and cooperative effort
that minimizes trauma to the children and their non-offending family
members. Child advocacy centers shall be established by either a
governmental entity or a private, nonprofit incorporated agency and
shall meet the state office of children and family services program
standards for child advocacy centers approval and strive to co-locate
members of the local multi-disciplinary team at the child advocacy
center.
2. Child advocacy centers may assist in the investigation of child
abuse and maltreatment cases and shall provide at a minimum for the
following:
(a) a comfortable, private setting that is both physically and
psychologically safe for children;
(b) sound program, fiscal and administrative practices;
(c) policies, practices and procedures that are culturally competent;
for the purpose of this paragraph "culturally competent" is defined as
the capacity to function in more than one culture, requiring the ability
to appreciate, understand and interact with members of diverse
populations within the local community;
(d) a multidisciplinary investigative team established pursuant to
subdivision six of section four hundred twenty-three of this article;
(e) a written set of interagency protocols for an interdisciplinary
and coordinated approach to the investigation of child abuse;
(f) forensic interviews to be conducted in a manner which is neutral
and fact-finding and coordinated to avoid duplicative interviewing;
(g) specialized medical evaluation and treatment as part of the
multidisciplinary investigative team response, either at the center or
through coordination with and referral to other appropriate treatment
providers;
(h) specialized mental health services as part of the
multidisciplinary investigative team response, either at the center or
through coordination with and referral to other appropriate treatment
providers;
(i) victim support and advocacy as part of the multidisciplinary team
investigative team response, either at the center or through
coordination with and referral to other appropriate treatment providers;
(j) a routine interdisciplinary case review process for purposes of
decision making, problem solving, systems coordination and information
sharing concerning case status and services needed by the child and
family;
(k) a comprehensive tracking system for monitoring case process and
tracking case outcomes for team members; and
(l) a process for evaluating its effectiveness and its operation.
3. Child advocacy centers may also provide space for medical
evaluation, therapeutic intervention, support services for child abuse
victims and their families, community education about child abuse, and
any other services the center deems critical to the provision of service
to child victims and their families and the multidisciplinary
investigation of abuse allegations.
4. Any child advocacy center established prior to the effective date
of this section shall, within six months of the effective date of this
section, revise its policies and practices to comply with subdivision
two of this section. No organization shall refer to itself as a child
advocacy center unless it complies with this section.
5. (a) The files, reports, records, communications, working papers or
videotaped interviews used or developed in providing services under this
section are confidential. Provided, however, that disclosure may be made
to members of a multidisciplinary investigative team who are engaged in
the investigation of a particular case and who need access to the
information in order to perform their duties for purposes consistent
with this section and to other employees of a child advocacy center who
are involved in tracking cases for the child advocacy center. Disclosure
shall also be made for the purpose of investigation, prosecution and/or
adjudication in any relevant court proceeding or, upon written release
by any non-offending parent, for the purpose of counseling for the child
victim.
(b) Any public or private department, agency or organization may share
with a child advocacy center information that is made confidential by
law when it is needed to provide or secure services pursuant to this
section. Confidential information shared with or provided to a center
remains the property of the providing organization.
(c) The office of children and family services shall have access to
all records created or maintained by a child advocacy center in order to
carry out the responsibilities of that office pursuant to this title.