Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 975 of the Regular Session
 State of ArkansasAs Engrossed:        H3/1/21 H3/16/21 S4/14/21 S4/15/21 S4/20/21
 93rd General Assembly                        A Bill
 Regular Session, 2021                                                             HOUSE BILL 1499
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 By: Representatives C. Fite, Jett, Vaught
 By: Senators J. Dismang, B. Ballinger
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                                    For An Act To Be Entitled
                 AN ACT TO AMEND THE LAW CONCERNING THE ARKANSAS CHILD
                 ABUSE/RAPE/DOMESTIC VIOLENCE COMMISSION; CONCERNING
                 NOTICE OF SEVERE MALTREATMENT REPORTS; CONCERNING
                 CERTAIN ANNUAL REPORTS SUBMITTED BY THE
                 ADMINISTRATIVE OFFICE OF THE COURTS; AND FOR OTHER
                 PURPOSES.
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                                               Subtitle
                         TO AMEND THE LAW CONCERNING THE ARKANSAS
                         CHILD ABUSE/RAPE/DOMESTIC VIOLENCE
                         COMMISSION; CONCERNING NOTICE OF SEVERE
                         MALTREATMENT REPORTS; AND CONCERNING
                         CERTAIN ANNUAL REPORTS SUBMITTED BY THE
                         ADMINISTRATIVE OFFICE OF THE COURTS.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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         SECTION 1.       DO NOT CODIFY.      Legislative intent.
         The provisions of this act are not intended to change the current
 structure of multidisciplinary teams in Arkansas.
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         SECTION 2.       Arkansas Code  9-5-103 is amended to read as follows:
         9-5-103.      Definitions.
         (a)    As used in this chapter:
                 (1)     "Board" means the Board of Directors of the Children's
 Advocacy Centers of Arkansas;
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                (2)    "Children's Advocacy Centers of Arkansas" means a non-profit
 organization that is a chapter of the National Children's Alliance operating
 in this state for the purpose of promoting, assisting, and supporting the
 development, growth, and continuation of child safety centers in this state;
                (1)(A)(3)(A)     Child safety center "Child safety center" means a
 not-for-profit nonprofit child-friendly facility that provides a location for
 forensic interviews and forensic medical examinations and ensures access for
 specialized mental health services during the course of a child maltreatment
 investigation.
                        (B)   A child safety center child safety center is
 commonly known as a child advocacy center; and "child advocacy center";
                (2)    "Commission" means the Arkansas Child Abuse/Rape/Domestic
 Violence Commission.
                (4)    "Multidisciplinary team" means a collaborative group of
 individual professionals from diverse organizations and agencies who work
 together in a coordinated manner to ensure an effective response to child
 abuse and neglect cases so a child victim is not overlooked and essential
 services are provided in a timely manner; and
                (5)    "Multidisciplinary team facilitator" means a person who:
                        (A)   Is responsible for establishing and sustaining:
                               (i)    Relationships among members of the
 multidisciplinary team that promote collaboration; and
                               (ii)   An atmosphere of trust and safety to partner
 for success in child abuse and neglect cases;
                        (B)   Serves as an advocate for the multidisciplinary team
 model;
                        (C)   Works with the members of the multidisciplinary team
 to ensure effective implementation of the multidisciplinary team model; and
                        (D)   Assumes the role of a multidisciplinary team
 coordinator and does not perform the role of a director or leader.
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          SECTION 3.    Arkansas Code  9-5-104 is amended to read as follows:
          9-5-104.    Duties of the Arkansas Child Abuse/Rape/Domestic Violence
 Commission Children's Advocacy Centers of Arkansas  Child safety centers.
          (a)   Regarding the administration of the Arkansas Children's Advocacy
 Center Fund and an entity receiving funding under this chapter, the Arkansas
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 Child Abuse/Rape/Domestic Violence Commission or its designee, to the extent
 funding is appropriated and available, shall The Department of Finance and
 Administration shall:
            (1)    Distribute grants to one (1) or more child safety centers
 and an entity receiving funding under this chapter;
            (2)(A)     Retain oversight of all grants distributed under this
 chapter.
                     (B)   The Secretary of the Department of Finance and
 Administration or his or her designee shall be the agency contact concerning
 the oversight of grants distributed under this chapter; and
            (3)    Evaluate the Children's Advocacy Centers of Arkansas's
 quarterly reports concerning funding received by the Children's Advocacy
 Centers of Arkansas and each child safety center.
      (b)   The Department of Finance and Administration and the Children's
 Advocacy Centers of Arkansas shall work together to:
            (1)(A)     Establish the criteria for grant applications and awards
 under this chapter.
                     (B)   A grant application shall be submitted directly to the
 Department of Finance and Administration;
            (2)(A)     Establish the criteria for awarding or denying a grant
 application under this chapter.
                     (B)   The Department of Finance and Administration shall
 remit funds awarded to a child safety center directly to the child safety
 center;
            (1)(3)     Annually evaluate each child safety center for compliance
 with the program best program practices of the Children's Advocacy Centers of
 Arkansas, fiscal, and training requirements under this chapter;
            (2)(4)     Promulgate rules and Promote and uphold procedures to
 implement this chapter and the forms for the evaluation of each child safety
 center;
            (3)(5)     Adopt a uniform system of recordkeeping and reporting to
 ensure the proper handling of funds by child safety centers and to ensure
 uniformity and accountability by child safety centers; and
            (4)(6)     Provide training and technical assistance to child safety
 centers to ensure best practice standards for forensic interviews,
 prevention, and forensic medical examinations evaluations; and
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               (7)    Coordinate and provide training statewide for
 multidisciplinary teams.
      (b)(c)     The commission Children's Advocacy Centers of Arkansas may
 enter into contracts with any entity to fulfill its duties under this
 chapter.
      (d)   A child safety center shall:
               (1)    Receive, review, and track reporting from the Department of
 Human Services relating to the alleged abuse or neglect of a child in order
 to ensure a consistent and comprehensive approach to providing services to a
 child and the family of a child who is the victim of alleged abuse or
 neglect;
               (2)    Work with participating agencies relating to the delivery of
 services to a child and the family of a child who is the alleged victim of
 abuse or neglect;
               (3)    Provide support services to a child and the family of a
 child who is the alleged victim of abuse or neglect;
               (4)    Provide forensic interviews that are conducted in a neutral,
 fact-finding manner and coordinated to avoid duplicative interviewing;
               (5)    Provide access to specialized medical evaluations and
 treatment services to a child who is the alleged victim of abuse or neglect;
               (6)    Provide access to evidence-based, trauma-focused mental
 health services to a child who is the alleged victim of abuse or neglect; and
               (7)    Provide a child-focused setting that is comfortable,
 private, and physically safe for a diverse population.
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      SECTION 4.       Arkansas Code  9-5-105 is amended to read as follows:
      9-5-105.       Receipt of money.
      Under this chapter and in the administration of the Arkansas Children's
 Advocacy Center Fund, the Arkansas Child Abuse/Rape/Domestic Violence
 Commission Department of Finance and Administration and the Children's
 Advocacy Centers of Arkansas shall not accept money or other assistance from
 the federal United States government or any other entity or individual if the
 acceptance would obligate the State of Arkansas except to the extent that
 money is available in the fund.
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      SECTION 5.       Arkansas Code  9-5-106 is amended to read as follows:
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       9-5-106.       Disbursement of funds.
       (a)    The Arkansas Child Abuse/Rape/Domestic Violence Commission
 Department of Finance and Administration may disburse money appropriated from
 the Arkansas Children's Advocacy Center Fund exclusively for the following
 purposes:
                (1)    To satisfy contractual obligations made to perform its
 duties entered into by the Children's Advocacy Centers of Arkansas in order
 for the duties of the Children's Advocacy Centers of Arkansas under this
 section to be performed;
                (2)    To make grants to child safety centers that meet the
 requirements of this section; and
                (3)    To compensate the commission Children's Advocacy Centers of
 Arkansas or its designee for administration costs associated with the
 performance of duties under this chapter.
       (b)    The Children's Advocacy Centers of Arkansas may contract with a
 physician or healthcare entity that specializes in child abuse to provide
 expert advice, medical evaluations, and medical training to child safety
 centers.
       (b)(1)     The commission may disburse funds, to the extent appropriated
 and available, from the Arkansas Children's Advocacy Center Fund to a
 qualified medical entity or a qualified mental health entity for education,
 peer review, and consultation to medical service examiners and mental health
 service examiners qualified under this section for children interviewed and
 examined at the child safety centers.
                (2)    A medical entity selected shall have physicians who:
                        (A)   Have:
                               (i)    Subspecialty training in pediatric medicine,
 emergency medicine, pediatric gynecology, family practice, or obstetrics and
 gynecology; and
                               (ii)   Specialized training in the evaluation of child
 sexual abuse cases;
                        (B)   Provide initial evaluations of allegedly abused and
 assaulted children and adolescents, perform second opinion examinations for
 less experienced examiners, and review photographs and videotapes for other
 examiners;
                        (C)   Hold a teaching position or a faculty position at a
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 college of medicine and provide training and workshops on child sexual abuse-
 related issues;
                           (D)   Hold membership in professional organizations on child
 abuse-related and neglect-related issues;
                           (E)   Work for or are affiliated with a regional center for
 the medical evaluation of allegedly sexually abused children; and
                           (F)   Regularly testify in cases of alleged child sexual
 abuse.
                   (3)    A mental health entity shall have professionals who:
                           (A)   Are licensed mental health professionals;
                           (B)   Have:
                                  (i)    Specialized training in assessment and treatment
 of children and families; and
                                  (ii)   Specialized training in trauma and child abuse;
                           (C)   Provide assessment and treatment of allegedly abused
 children and adolescents;
                           (D)   Provide consultation and training for other providers
 and multidisciplinary teams;
                           (E)   Hold a teaching or faculty position;
                           (F)   Hold membership in professional organizations on child
 abuse-related and neglect-related issues;
                           (G)   Work for or are affiliated with a regional center for
 the medical evaluation of allegedly sexually abused children; and
                           (H)   Regularly testify in cases of alleged child sexual
 abuse.
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          SECTION 6.       Arkansas Code  9-5-109(b)(1), concerning eligibility for
 contracts, is amended to read as follows:
          (b)(1)     The Arkansas Child Abuse/Rape/Domestic Violence Commission
 Children's Advocacy Centers of Arkansas may waive the requirements specified
 in subsection (a) of this section if the commission Children's Advocacy
 Centers of Arkansas determines that the waiver will not adversely affect the
 child safety center's ability to carry out its duties under this chapter.
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          SECTION 7.       Arkansas Code  9-5-111(4), concerning fiscal requirements,
 is amended to read as follows:
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            (4)    Develop and implement written procedures that conform with
 the uniform system of recordkeeping developed by the Arkansas Child
 Abuse/Rape/Domestic Violence Commission or its designee Department of Finance
 and Administration and the Children's Advocacy Centers of Arkansas to ensure
 proper handling of funds; and
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      SECTION 8.    Arkansas Code  9-5-112 is amended to read as follows:
      9-5-112.    Right of entry.
      (a)   The Arkansas Child Abuse/Rape/Domestic Violence Commission
 Children's Advocacy Centers of Arkansas or its designee may enter the
 premises of a child safety center at any time to ensure compliance with this
 chapter and the rules promulgated by the commission Children's Advocacy
 Centers of Arkansas under this chapter.
      (b)   Each child safety center shall submit annually an audit, a budget,
 bylaws and policies to the Board of Directors of the Children's Advocacy
 Centers of Arkansas.
      (c)   The board shall include two (2) financial experts who shall
 provide financial oversight, review grants, and evaluate each child safety
 center.
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      SECTION 9.    Arkansas Code  9-5-113 is amended to read as follows:
      9-5-113.    Reports.
      The Arkansas Child Abuse/Rape/Domestic Violence Commission Children's
 Advocacy Centers of Arkansas or its designee shall provide an annual report
 by March 1 of each year to the Department of Human Services, Division of
 Arkansas State Police, Chair of the Senate Interim Committee on Children and
 Youth, and the Chair of the House Committee on Aging, Children and Youth,
 Legislative and Military Affairs containing the following information:
            (1)    The incidence of child abuse in this state based on
 information obtained from child safety centers under this chapter;
            (2)    A description of child safety centers that meet the
 requirements of the Department of Finance and Administration and the
 Children's Advocacy Centers of Arkansas and receive funding from the
 commission or its designee Department of Finance and Administration;
            (3)    The number of children receiving investigative services by
 the child safety centers that receive funding from the commission or its
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 designee Department of Finance and Administration under this chapter; and
            (4)    Outcome data provided by the child safety centers.
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      SECTION 10.    Arkansas Code  20-82-206(5), concerning the powers and
 duties of the Child Abuse/Rape/Domestic Violence Section, is repealed.
            (5)    Facilitate the development of and contract with local
 multidisciplinary teams throughout the state, the purpose of which is to
 provide coordinated investigation and service delivery to child victims of
 severe maltreatment;
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      SECTION 11.    Arkansas Code  20-82-208(b)(2), co