North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2173 Compare Versions

OldNewDifferences
1-Sixty-ninth Legislative Assembly of North Dakota
2-In Regular Session Commencing Tuesday, January 7, 2025
1+25.0814.01001
2+Title.02000
3+Adopted by the Human Services
4+Committee
5+Sixty-ninth
6+January 21, 2025
7+Legislative Assembly
8+of North Dakota
9+Introduced by
10+Senators Lee, Cleary, Larson
11+Representatives Beltz, Ista, Jonas
12+A BILL for an Act to amend and reenact subsection 10 of section 50-25.1-02 and section
13+50-25.1-11.1 of the North Dakota Century Code, relating to the definition of a children's
14+advocacy center and the confidentiality of communications and records in the possession of a
15+children's advocacy center.
16+BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
17+SECTION 1. AMENDMENT. Subsection 10 of section 50-25.1-02 of the North Dakota
18+Century Code is amended and reenacted as follows:
19+10."Children's advocacy center" means a fullan accredited or associate member of the
20+national children's alliance which assists in the coordination of the investigation in
21+response to allegations of child abuse by providing a dedicated child-friendly location
22+at which to conduct forensic interviews, forensic medical examinations, and other
23+appropriate services and which promotes a comprehensive multidisciplinary team
24+response to allegations of child abuse. The team response may include forensic
25+interviews, forensic medical examinations, mental health and related support services,
26+advocacy, and case review.
27+SECTION 2. AMENDMENT. Section 50-25.1-11.1 of the North Dakota Century Code is
28+amended and reenacted as follows:
29+Page No. 1 25.0814.01001
330 SENATE BILL NO. 2173
4-(Senators Lee, Cleary, Larson)
5-(Representatives Beltz, Ista, Jonas)
6-AN ACT to amend and reenact subsection 10 of section 50-25.1-02 and section 50-25.1-11.1 of the
7-North Dakota Century Code, relating to the definition of a children's advocacy center and the
8-confidentiality of communications and records in the possession of a children's advocacy center.
9-BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
10-SECTION 1. AMENDMENT. Subsection 10 of section 50-25.1-02 of the North Dakota Century
11-Code is amended and reenacted as follows:
12-10."Children's advocacy center" means a fullan accredited or associate member of the national
13-children's alliance which assists in the coordination of the investigation in response to
14-allegations of child abuse by providing a dedicated child-friendly location at which to conduct
15-forensic interviews, forensic medical examinations, and other appropriate services and which
16-promotes a comprehensive multidisciplinary team response to allegations of child abuse. The
17-team response may include forensic interviews, forensic medical examinations, mental health
18-and related support services, advocacy, and case review.
19-SECTION 2. AMENDMENT. Section 50-25.1-11.1 of the North Dakota Century Code is amended
20-and reenacted as follows:
21-50-25.1-11.1. Children's advocacy centers - Confidentiality of records - Criminal history
22-record checks.
23-1.Records and digital media in the possession of a children's advocacy center relating to a
24-forensic medical examination, forensic interview, advocacy, or therapy are confidential and
25-only may be released only to a person other than a law enforcement agency, the department
26-or the department's authorized agent, a prosecutor, a court, another children's advocacy
27-center, or a medical or mental health professional when the child comes before the medical or
28-mental health professional in that person's professional capacity, upon service of a subpoena
29-signed by a judge.
30-2.The staff of a children's advocacy center may communicate with a law enforcement agency,
31-the department or the department's authorized agent, a prosecutor, a court, another children's
32-advocacy center, or a medical or mental health professional in that individual's official capacity,
33-for the purpose of discussing a forensic medical examination, forensic interview, advocacy, or
34-therapy.
35-3.The department may submit a request for a criminal history record check under section
36-12-60-24 on a board member, an employee, a final applicant for employment of a children's
37-advocacy center, a contractor, or a volunteer of a children's advocacy center who has contact
38-with a child at or through a children's advocacy center.
31+PROPOSED AMENDMENTS TO
32+1
33+2
34+3
35+4
36+5
37+6
38+7
39+8
40+9
41+10
42+11
43+12
44+13
45+14
46+15
47+16
48+17 Sixty-ninth
49+Legislative Assembly
50+50-25.1-11.1. Children's advocacy centers - Confidentiality of records - Criminal
51+history record checks.
52+1.Records and digital media in the possession of a children's advocacy center relating to
53+a forensic medical examination, forensic interview, advocacy, or therapy are
54+confidential and only may be released only to or shared with a person other than a law
55+enforcement agency, the department or the department's authorized agent, a
56+prosecutor, a court, another children's advocacy center, or a medical or mental health
57+professional when the child comes before the medical or mental health professional in
58+that person's professional capacity, upon service of a subpoena signed by a judge.
59+2.The staff of a children's advocacy center may communicate with a law enforcement
60+agency, the department or the department's authorized agent, a prosecutor, a court,
61+another children's advocacy center, or a medical or mental health professional in that
62+individual's official capacity, for the purpose of discussing a forensic medical
63+examination, forensic interview, advocacy, or therapy.
64+3.The department may submit a request for a criminal history record check under
65+section 12-60-24 on a board member, an employee, a final applicant for employment
66+of a children's advocacy center, a contractor, or a volunteer of a children's advocacy
67+center who has contact with a child at or through a children's advocacy center.
3968 3.4.As used in this section, "board member" means an individual serving on the board of a
40-children's advocacy center. S. B. NO. 2173 - PAGE 2
41-____________________________ ____________________________
42-President of the Senate Speaker of the House
43-____________________________ ____________________________
44-Secretary of the Senate Chief Clerk of the House
45-This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
46-Dakota and is known on the records of that body as Senate Bill No. 2173.
47-Senate Vote:Yeas 46 Nays 0 Absent 1
48-House Vote: Yeas 89 Nays 0 Absent 5
49-____________________________
50-Secretary of the Senate
51-Received by the Governor at ________M. on _____________________________________, 2025.
52-Approved at ________M. on __________________________________________________, 2025.
53-____________________________
54-Governor
55-Filed in this office this ___________day of _______________________________________, 2025,
56-at ________ o’clock ________M.
57-____________________________
58-Secretary of State
69+children's advocacy center.
70+Page No. 2 25.0814.01001
71+1
72+2
73+3
74+4
75+5
76+6
77+7
78+8
79+9
80+10
81+11
82+12
83+13
84+14
85+15
86+16
87+17
88+18
89+19
90+20