§ 169-C:38  Report to Law Enforcement Authority. – I. The department shall immediately by telephone or in person refer all cases in which there is reason to believe that any person under the age of 18 years has been: (a) sexually molested; (b) sexually exploited; (c) intentionally physically injured so as to cause serious bodily injury; (d) physically injured by other than accidental means so as to cause serious bodily injury; or (e) a victim of a crime, to the local law enforcement agency in the community in which the acts of abuse are believed to have occurred. The department shall also make a written report to the law enforcement agency within 48 hours, Saturdays, Sundays and holidays excluded. A copy of this report shall be sent to the office of the county attorney.

II. All law enforcement personnel and department employees shall cooperate in limiting the number of interviews of a child victim and, when appropriate, shall conduct joint interviews of the child. Employees of the department shall share with the investigating police officers all information in their possession which it is lawful for them to disclose to a law enforcement agency. Investigating police officers shall not use or reveal any confidential information shared with them by the department except to the extent necessary for the investigation and prosecution of the case.

III. No staff member of the department shall be held civilly or criminally liable for a telephone referral or a written report made under paragraph I.

IV. Law enforcement personnel or department employees who are trained caseworkers shall have the right to enter any public place, including but not limited to schools and child care agencies, for the purpose of conducting an interview with a child, without the consent or notification of the parent or parents of such child, if there is reason to believe that the child has been:

   (a) Sexually molested.

   (b) Sexually exploited.

   (c) Intentionally physically injured so as to cause serious bodily injury.

   (d) Physically injured by other than accidental means so as to cause serious bodily injury.

   (e) A victim of a crime.
   (f) Abandoned.

   (g) Neglected.

V. For any interview conducted pursuant to paragraph IV, every effort shall be made to video-tape the interview with the child. If the interview cannot be video-taped, it shall be recorded.

VI. For any interview conducted pursuant to paragraph IV, the interview with the child shall be videotaped if possible. If the interview is videotaped, it shall be videotaped in its entirety. If the interview cannot be videotaped in its entirety, an audio recording of the entire interview shall be made.

Source. 1979, 361:2. 1986, 225:1. 1988, 237:1. 1994, 411:17. 1995, 310:175, eff. Nov. 1, 1995. 1998, 185:1, 2, eff. Jan. 1, 1999.