H.F. 2563 Section 1. DEPARTMENT OF HUMAN SERVICES —— CHILD FATALITY 1 PROTOCOL AND ALLEGED CHILD ABUSE WORK GROUP. 2 1. The department of human services shall convene a work 3 group of state and local agencies who have experience and 4 expertise in cases involving child fatalities and alleged child 5 abuse. The work group shall develop a protocol for responding 6 to the scene of the death of a child that constitutes a death 7 affecting the public interest, as defined in section 331.802, 8 that may involve alleged child abuse. The work group shall 9 consider all of the following in developing a protocol: 10 a. All involvement with the family of the child shall be 11 conducted in a nonaccusatory manner, sensitive to the grief and 12 emotions that family members are experiencing. 13 b. Written information shall be provided to the family 14 explaining the legal requirements for an investigation 15 involving law enforcement and the medical examiner consistent 16 with section 331.802, as well as possible family separation, 17 removal of the family from the home, and financial 18 responsibility for any medical services ordered by the 19 department, the medical examiner, or law enforcement. 20 c. The department shall provide an advocate to assist the 21 family in understanding the information provided to the family. 22 d. A family shall be allowed to have an advocate of their 23 choosing present as well as the advocate provided by the 24 department. 25 e. Any minor child who is interviewed by law enforcement, 26 the department, or an agent of the department, as a 27 witness to a child death shall conduct the interview in a 28 trauma-sensitive, developmentally appropriate manner which 29 aligns with nationally recognized, evidence-based child 30 forensic interview protocols. 31 f. If a minor sibling, or any other minor child living 32 in the same home as the child who died, is removed from the 33 home and placed in the care of a temporary caretaker, at the 34 request of law enforcement or the department and with the 35 -1- LSB 5132HV (3) 88 as/rh 1/ 3

H.F. 2563 consent of the parent, the temporary caretaker shall sign a 1 statement stating that the temporary caretaker agrees to be 2 responsible for the child or children. The statement shall 3 include any special instructions necessary for the care of 4 the child or children, including but not limited to feeding, 5 clothing, medications, activities, and emergency medical care. 6 If the child or children are transferred to the care of another 7 temporary caretaker, the new temporary caretaker shall sign a 8 similar statement before the new temporary caretaker assumes 9 responsibility for the child. 10 g. If an autopsy of the deceased child indicates that 11 the cause of death was not related to child abuse and the 12 department determines that the household is safe for the child 13 to return to the family, the home shall be restored to the 14 family, and any minor children in the temporary care of a 15 caretaker shall be returned to the family. 16 2. The membership of the work group shall include but is 17 not limited to all of the following, to be appointed by the 18 director of the department of human services: 19 a. Members of law enforcement, including local law 20 enforcement, the sheriff’s department, and the department of 21 public safety. 22 b. Members from child protection centers. 23 c. A family member of an individual involved in child abuse 24 investigations. 25 3. The department shall submit its findings and 26 recommendations in a final report to the general assembly by 27 November 15, 2020. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill relates to the creation of a work group relating to 32 child fatality protocol and alleged child abuse. 33 The bill directs the department of human services to 34 convene a work group of state and local agencies who have 35 -2- LSB 5132HV (3) 88 as/rh 2/ 3

H.F. 2563 experience and expertise in cases involving child fatalities 1 and alleged child abuse. The work group shall develop a 2 protocol for responding to the scene of the death of a child 3 that constitutes a death affecting the public interest 4 that may involve alleged child abuse. The work group shall 5 consider all of the following in developing a protocol: all 6 involvement with the family of the child shall be conducted 7 in a nonaccusatory manner; written information shall be 8 provided to the family explaining the legal requirements for 9 an investigation; the department shall provide an advocate 10 to assist the family; a family shall be allowed to have an 11 advocate of their choosing present; any minor child who is 12 interviewed as a witness to a child death shall conduct the 13 interview in a manner which aligns with forensic interview 14 protocols; if a minor child living in the same home as the 15 child who died is removed from the home and placed in the care 16 of a temporary caretaker, the temporary caretaker shall sign 17 a statement stating that the temporary caretaker agrees to be 18 responsible for the child or children; and if an autopsy of 19 the deceased child indicates that the cause of death was not 20 related to child abuse and the department determines that the 21 household is safe for the child to return to the family, the 22 children in the temporary care of a caretaker shall be returned 23 to the family. 24 The bill provides that the membership of the work group 25 shall include but is not limited to members of law enforcement, 26 including local law enforcement, the sheriff’s department, and 27 the department of public safety; members from child protection 28 centers; and a family member of an individual involved in child 29 abuse investigations. 30 The bill provides that the department shall submit its 31 findings and recommendations in a final report to the general 32 assembly by November 15, 2020. 33 -3- LSB 5132HV (3) 88 as/rh 3/ 3