§ 40-11-7 - Investigation of reports – Petition for removal from custody – Report to child advocate – Attorney general – Court-appointed special advocate.
SECTION 40-11-7
§ 40-11-7 Investigation of reports –Petition for removal from custody – Report to child advocate –Attorney general – Court-appointed special advocate. – (a) The department shall investigate each report made under this chapter todetermine the circumstances surrounding the alleged abuse or neglect and thecause thereof. The investigation shall include personal contact with the childnamed in the report and any other children in the same household. Any personrequired to investigate reports of child abuse and/or neglect may question thesubjects of those reports with or without the consent of the parent or otherperson responsible for the child's welfare. The interviewing of the child orchildren, if they are of the mental capacity to be interviewed, shall takeplace in the absence of the person or persons responsible for the allegedneglect or abuse. In the event that any person required to investigate childabuse and/or neglect is denied reasonable access to a child by the parents orother person, and that person required to investigate deems that the bestinterests of the child so require, they may request the intervention of a locallaw enforcement agency, or seek an appropriate court order to examine andinterview the child. The department shall provide such social services andother services as are necessary to protect the child and preserve the family.
(b) In the event that after investigation it is determined bythe department that the child is being or has been abused or neglected but thatthe circumstances of the child's family or otherwise do not require the removalof the child for his or her protection, the department may allow the child toremain at home and shall petition the family court for an order for theprovision of treatment of the family and child.
(c) The department shall also have the duty to petition thefamily court for removal of the child from the care and custody of the parents,or any other person having custody or care of the child in cases where it isfelt that a particular child has suffered abuse or neglect and that continuedcare and custody by that person might result in further harm to the child. Inaddition, in cases of alleged abuse and/or neglect, the department may petitionthe family court for the removal of the alleged perpetrator of that abuse,and/or neglect from the household of the child or children when the child orchildren are eleven (11) years of age or older. It shall be the responsibilityof the department to make the parent or other person responsible for thechild's welfare aware of the court action, the possible consequences of thecourt action, and to explain the rights of the parent relative to the courtaction.
(d) The department shall forward immediately any reports ofinstitutional child abuse and neglect to the child advocate who shallinvestigate the report in accordance with chapter 73 of title 42, and also toany guardian ad litem and/or attorney of record for the child.
(e) In the event that after investigation the departmenttakes any action regarding placement of the child, the department shallimmediately notify the child advocate of such action.
(f) In the event that after investigation the department hasreasonable cause to know or suspect that a child has been subjected to criminalabuse or neglect, the department shall forward immediately any information asit relates to that knowledge or suspicion to the law enforcement agency.