Current through P.L. 171-2024
Section 31-25-2-14.5 - Child advocacy centers; duties; confidentiality; civil immunity(a) The department may use a child advocacy center to coordinate a multidisciplinary team for responding to, and through the conclusion of, reports involving child abuse or neglect.(b) A child advocacy center shall do the following:(1) Coordinate a multidisciplinary team that consists of a representative from or described by each of the following:(A) The child advocacy center.(D) The prosecuting attorney's office.(F) A mental health provider.(G) A victim advocate. Multidisciplinary team members may fill more than one (1) role, within the scope of the team member's practice, as needed.
(2) Offer cultural competency and diversity training to the multidisciplinary team members.(3) Provide a dedicated child-focused setting designed to provide a safe, comfortable, and neutral place for a forensic interview and other child advocacy center services.(4) Use written protocols signed by each member of the multidisciplinary team.(5) Use a case tracking system to provide information on essential demographic and case information.(6) Verify that multidisciplinary team members who are responsible for providing:(A) medical evaluations have specific training in child abuse or child sexual abuse examinations; and(B) mental health services are trained in and deliver trauma-focused, evidence-supported mental health treatments.(c) Except as provided in subsection (d), the files, reports, records, communications, and working papers used or developed in providing services through a child advocacy center are confidential and are not public records.(d) A multidisciplinary team member may share with other multidisciplinary team members any information or records concerning the child, the child's family, or the person who is the subject of the investigation of suspected child abuse or neglect for the purpose of:(1) facilitating a forensic interview;(2) facilitating a case discussion or case review; or(3) providing services to the child or the child's caregivers. The information shared under this subsection remains confidential.
(e) Except as provided in subsection (f), a:(1) member of a child advocacy center's board of directors; or(2) volunteer or employee of a child advocacy center; is immune from civil liability for acts or omissions related to the individual's participation in the multidisciplinary team response described in subsection (a).
(f) An individual is not immune from civil liability under subsection (e) if the:(1) act or omission amounts to:(B) willful or wanton misconduct; or(2) individual has been charged with or suspected of abusing or neglecting the child who is the subject of the investigation or services provided.Added by P.L. 54-2024,SEC. 3, eff. 7/1/2024.