Child abuse and neglect review board, established, members, duties, records, rules. — 1. There is hereby created in the department of social services the “Child Abuse and Neglect Review Board”, which shall provide an independent review of child abuse and neglect determinations in instances in which the alleged perpetrator is aggrieved by the decision of the children’s division. The division may establish more than one board to assure timely review of the determination.
2. The board shall consist of nine members, who shall be appointed by the governor with the advice and consent of the senate, and shall include:
(1) A physician, nurse or other medical professional;
(2) A licensed child or family psychologist, counselor or social worker;
(3) An attorney who has acted as a guardian ad litem or other attorney who has represented a subject of a child abuse and neglect report;
(4) A representative from law enforcement or a juvenile office.
3. Other members of the board may be selected from:
(1) A person from another profession or field who has an interest in child abuse or neglect;
(2) A college or university professor or elementary or secondary teacher;
(3) A child advocate;
(4) A parent, foster parent or grandparent.
4. The following persons may participate in a child abuse and neglect review board review:
(1) Appropriate children’s division staff and legal counsel for the department;
(2) The alleged perpetrator, who may be represented pro se or be represented by legal counsel. The alleged perpetrator’s presence is not required for the review to be conducted. The alleged perpetrator may submit a written statement for the board’s consideration in lieu of personal appearance; and
(3) Witnesses providing information on behalf of the child, the alleged perpetrator or the department. Witnesses shall only be allowed to attend that portion of the review in which they are presenting information.
5. The members of the board shall serve without compensation, but shall receive reimbursement for reasonable and necessary expenses actually incurred in the performance of their duties.
6. All records and information compiled, obtained, prepared or maintained by the child abuse and neglect review board in the course of any review shall be confidential information.
7. The department shall promulgate rules and regulations governing the operation of the child abuse and neglect review board except as otherwise provided for in this section. These rules and regulations shall, at a minimum, describe the length of terms, the selection of the chairperson, confidentiality, notification of parties and time frames for the completion of the review.
8. Findings of probable cause to suspect prior to August 28, 2004, or findings by a preponderance of the evidence after August 28, 2004, of child abuse and neglect by the division which are substantiated by court adjudication shall not be heard by the child abuse and neglect review board.
(L. 1994 S.B. 595, A.L. 2004 H.B. 1453)