Existing law authorizes the State Department of Human Resources to investigate reports of child abuse and neglect. Existing law, administrative rules, and departmental internal policies detail the specific procedures for such an investigation. Existing law does not provide a uniform procedure for notifying a parent or other individual with legal custody of a child that he or she is under investigation by the department for the alleged abuse or neglect of that child. This bill would require the department to notify a parent or other individual with legal custody of a child that he or she is under investigation by the department for the abuse or neglect of that child. This bill would require the department to provide the parent or other individual under investigation with a written explanation of his or her due process rights associated with the investigation, including, but not limited to, the right to review certain records, retain counsel, and seek an administrative review of investigation results. This bill would require department employees involved with investigations of child abuse or neglect to undergo training. This bill would require the department to notify individuals for whom child abuse or neglect is indicated of their right to request an administrative records review or, if applicable, an administrative hearing. This bill would require that certain family preservation services be offered before a child is removed from his or her home because of an investigation under this act, with exceptions. This bill would require the State Department of Human Resources to adopt rules and develop a uniform policy relating to the requirements of this act, and would require each county department of human resources to follow the uniform policy. This bill would require the state department to adopt rules to address county departments of human resources that fail to comply with the uniform policy. This bill would also require the department to annually prepare and distribute a report relating to child abuse and neglect investigations.

Statutes affected:
Introduced: 26-14-7