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