§10A-1-2-102v2. Assessment and investigations - Determinations and
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referrals by Department of Human Services – Investigations by law enforcement agencies.
A. 1. Upon receipt of a report that a child may be abused, neglected or drug-endangered, the Department of Human Services shall conduct a safety analysis.
2. The Department may employ or contract with active or retired social work, medical and law enforcement professionals who shall be strategically placed throughout the state to:
a. provide investigation support and to assist
caseworkers with assessment decisions and intervention
activities,
b. serve as consultants to caseworkers in all aspects of
their duties, and
c. designate persons who shall act as liaisons within the
Department whose primary functions are to develop
relationships with local law enforcement agencies and
courts.
3. The Department shall forward a report of its assessment or investigation and findings to any district attorney's office which may have jurisdiction to file a petition pursuant to Section 1-4-101 of this title.
4. The Department shall determine the military status of parents whose children are subject to abuse or neglect. If the Department determines that a parent or guardian is currently serving on active duty in the United States military, the Department shall notify a United States Department of Defense family advocacy program that there is an investigation into the parent or guardian. The Department shall forward a report of its assessment or investigation and findings to the appropriate military law enforcement entity.
5. Whenever the Department determines there is a child that meets the definition of a "drug-endangered child", as defined in Section 1-1-105 of this title, or a child has been diagnosed with fetal alcohol syndrome and the referral is accepted for investigation, the Department shall conduct an investigation of the allegations and shall not limit the evaluation of the circumstances to an assessment.
6. Whenever the Department determines an infant has been diagnosed with Neonatal Abstinence Syndrome or a Fetal Alcohol Spectrum Disorder, but the referral is not accepted for investigation, the Department shall develop a plan of safe care that addresses both the infant and affected family member or caregiver. The plan of safe care shall address, at a minimum, the health and substance use treatment needs of the infant and affected family member or caregiver.
B. 1. If, upon receipt of a report alleging abuse or neglect or during the assessment or investigation, the Department determines that:
a. the alleged perpetrator is someone other than a person
responsible for the child's health, safety, or
welfare, and
b. the alleged abuse or neglect of the child does not
appear to be attributable to failure on the part of a
person responsible for the child's health, safety, or
welfare to provide protection for the child, the Department shall immediately make a referral, in writing, to the appropriate local law enforcement agency for the purpose of conducting a possible criminal investigation. The Department shall maintain a record of its transmission of each report to law enforcement.
2. After making the referral to the law enforcement agency, the Department shall not be responsible for further investigation unless:
a. the Department has reason to believe the alleged
perpetrator is a parent of another child, not the
subject of the criminal investigation, or is otherwise
a person responsible for the health, safety, or
welfare of another child,
b. notice is received from a law enforcement agency that
it has determined the alleged perpetrator is a parent
of or a person responsible for the health, safety, or
welfare of another child not the subject of the
criminal investigation, or
c. the appropriate law enforcement agency requests the
Department to assist in the investigation. If funds
and personnel are available, as determined by the
Director of the Department or a designee, the
Department may assist law enforcement in interviewing
children alleged to be victims of physical or sexual
abuse.
3. If, upon receipt of a report alleging abuse or neglect or during the assessment or investigation, the Department determines that the alleged abuse or neglect of the child involves:
a. a child in the custody of the Office of Juvenile
Affairs, and
b. at the time of the alleged abuse or neglect, such
child was placed in a secure facility operated by the
Office of Juvenile Affairs, as defined by Section 2-1-
103 of this title, the Department shall immediately make a referral, either verbally or in writing, to the appropriate law enforcement agency for the purpose of conducting a possible criminal investigation. After making the referral to the law enforcement agency, the Department shall not be responsible for further investigation.
C. 1. Any law enforcement agency receiving a referral as provided in this section shall provide the Department with a copy of the report of any investigation resulting from a referral from the Department.
2. Whenever, in the course of any criminal investigation, a law enforcement agency determines that there is cause to believe that a child, other than a child in the custody of the Office of Juvenile Affairs and placed in an Office of Juvenile Affairs secure juvenile facility, may be abused or neglected by reason of the acts, omissions, or failures on the part of a person responsible for the health, safety, or welfare of the child, the law enforcement agency shall immediately contact the Department for the purpose of an investigation.
D. If, upon receipt of a report alleging abuse or neglect, the Department determines that the family has been the subject of a deprived petition, the Department shall conduct a thorough investigation of the allegations and shall not limit the evaluation of the circumstances to an assessment. In addition, if the family has been the subject of three or more referrals, the Department shall conduct a thorough investigation of the allegations and shall not limit the evaluation of the circumstances to an assessment.
E. For the purposes of this section, "law enforcement" shall include military law enforcement if the subject of an investigation of abuse or neglect is currently serving in any branch of the United States military.
F. The Department shall promulgate rules to implement the provisions of this section. Added by Laws 1995, c. 352, § 9, eff. July 1, 1995. Amended by Laws 1998, c. 421, § 6, emerg. eff. June 11, 1998; Laws 1999, c. 44, § 1, eff. Nov. 1, 1999; Laws 2000, c. 374, § 8, eff. July 1, 2000; Laws
2009, c. 233, § 17, emerg. eff. May 21, 2009. Renumbered from § 7003-1.1 of Title 10 by Laws 2009, c. 233, § 213, emerg. eff. May 21, 2009. Amended by Laws 2009, c. 338, § 4, eff. July 1, 2009; Laws 2010, c. 220, § 1, eff. May. 6, 2010; Laws 2011, c. 1, § 1, emerg. eff. March 18, 2011; Laws 2011, c. 244, § 1, eff. Nov. 1, 2011; Laws 2012, c. 91, § 2, eff. Nov. 1, 2012; Laws 2014, c. 101, § 1, eff. Nov. 1, 2014; Laws 2014, c. 363, § 1, eff. Nov. 1, 2014; Laws 2016, c. 66, § 1, eff. Nov. 1, 2016; Laws 2018, c. 256, § 3, emerg. eff. May 8, 2018; Laws 2025, c. 26, § 2, eff. Nov. 1, 2025. NOTE: Laws 2010, c. 278, § 1 repealed by Laws 2011, c. 1, § 2, emerg. eff. March 18, 2011.