SB 609 - This act modifies the law relating to protective services for children. The standard of proof for child care proceedings is raised from probable cause to a preponderance of the evidence.

The Division of Family Services must develop protocols that ensure the well-being and safety of abused and neglected children and that provide due process to those individuals accused of child abuse and neglect. The Division must classify reports into three categories:

(1). Alleged incidents that indicate the need for an emergency preliminary investigation;

(2). Alleged incidents which warrant a central registry investigation; or

(3). Alleged incidents for which summary closure is appropriate.

Emergency child protection teams shall be used whenever conducting an emergency preliminary investigation. These teams shall consist of personnel of the local Division office, the juvenile officer, and if necessary, local law enforcement.

Discipline shall not be considered abuse in a licensed child care facility if it is administered in a reasonable manner and in accordance with the facility's written policy on discipline. The Division of Family Services shall not have jurisdiction to investigate these matters.

Interrogations or interviews of children taken into protective custody shall be either videotape or audiotape recorded in its entirety. Failure to comply with the recording requirements shall render the child's statement inadmissible.
LORIE TOWE