TITLE 16

JUVENILE PROCEEDINGS

CHAPTER 16

CHILD PROTECTIVE ACT

16-1631.  Authorization for department to act. (1) Upon receiving information that a child may be abused, neglected or abandoned, the department shall cause such investigation to be made in accordance with this chapter as is appropriate. In making the investigation the department shall use its own resources, and may enlist the cooperation of peace officers for phases of the investigation for which they are better equipped. Upon satisfying itself as to the course of action which should be pursued to best accord with the purpose of this chapter, the department shall:

(a)  Resolve the matter in such informal fashion as is appropriate under the circumstances; or

(b)  Seek to enter a voluntary agreement with all concerned persons to resolve the problem in such a manner that the child will remain in his own home; or

(c)  Refer the matter to the prosecutor or attorney general with recommendation that appropriate action be taken under this chapter; or

(d)  Refer the matter to the prosecutor or attorney general with recommendation that appropriate action be taken under other laws.

(2)  In the event that the department concludes that a voluntary agreement pursuant to subsection (1)(b) of this section should be used, the agreement shall be in writing, shall state the behavioral basis of each parent and necessary third person, shall contain such other terms as the department and each parent having joint custody shall deem appropriate under the circumstances, shall utilize such resources as are available to the department from any source and are considered appropriate to the situation, shall specify the services or treatment to be undertaken, shall be signed by all persons, including:

(a)  The child if appropriate;

(b)  Every parent having joint custody of the subject child;

(c)  Any other full or part-time resident of the home;

(d)  All other persons the department considers necessary to the agreement’s success;

and shall specify the responsibilities of each party to the agreement, which responsibilities shall be thoroughly explained to each person orally. The agreement shall not run for more than one (1) year. Copies shall be given to all signatories.

History:

[(16-1631) 16-1625, added 1976, ch. 204, sec. 2, p. 746; am. 1982, ch. 186, sec. 24, p. 504; am. 1996, ch. 272, sec. 15, p. 897; am. and redesig. 2005, ch. 391, sec. 33, p. 1290.]