Model Protocol for Multidisciplinary Teams - Office of the Attorney ...

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PROSECUTION OF CHILD SEXUAL ABUSE CASESStatutory Authority for Team ParticipationKRS 620.040(7) - Duties of Prosecutor, Police, and Cabinet; Prohibition as to SchoolPersonnel, Multidisciplinary Teams• One (1) or more multidisciplinary teams may be established in every county orgroup of contiguous counties.• Membership of the multidisciplinary team shall include, but shall not be limited to,representatives of the Cabinet for Families and Children, the Kentucky StatePolice, other local law enforcement agencies with investigation responsibilities inchild sexual abuse cases, and may include the Commonwealth's and CountyAttorneys, children's advocacy center staff, mental health professionals, medicalprofessionals, victim advocates, educators, and other related professionals asdeemed appropriate, and whose participation the multidisciplinary team believesis important to carry out its purpose.KRS 15.727 - Duty of Commonwealth's Attorney and County Attorney to Assist ChildSexual Abuse Multidisciplinary TeamPursuant to KRS 431.600, each Commonwealth's Attorney and each County Attorneyshall assist any child sexual abuse multidisciplinary team established in his or her circuitor county, unless the Prosecutor's Advisory Council has voted to relieve the prosecutorof this responsibility.KRS 431.600 - Coordination of Child Sexual Abuse Investigations and Prosecutions,Protection of and Counseling for Child VictimsEach investigation of reported or suspected sexual abuse of a child shall be conductedby a specialized multidisciplinary team composed, at a minimum, of law enforcementofficers and social workers from the Cabinet for Families and Children. Additional teammembers may include Commonwealth's and County Attorneys, children's advocacycenter staff, mental health professionals, medical professionals, victim advocates,educators, and other related professionals as deemed appropriate, and other relatedprofessionals, as necessary.Guidelines for the Prosecution of Child Sexual Abuse Cases• Direct indictment shall be the preferred method of initiating prosecution of felonychild sexual abuse cases, particularly when the child victim is likely to be calledas a witness (due to the trauma for the child associated with the court28
experience). In cases originating in the county attorney's office, the countyattorney shall coordinate efforts in potential felony cases with the office of theCommonwealth's attorney;• If adequate personnel are available, each prosecutor's office shall have a childsexual abuse specialist (KRS 431.600(3));• If adequate personnel are available, the Commonwealth's attorney and countyattorney shall provide for an arrangement which allows one lead prosecutor tohandle the case from inception to completion to reduce the number of personsinvolved with the child victim (KRS 431.600(5));• The prosecutor shall request bond conditions deemed necessary to protect thewelfare of the victim, such as no contact between the alleged perpetrator and thevictim or the victim's family;• Upon initiation of formal charges by the prosecutor's office, the prosecutor or amember of the prosecutor's staff shall contact the victim;• The prosecutor shall minimize the involvement of the child in legal proceedings,avoiding appearances at preliminary hearings, grand jury hearings, and otherproceedings when possible (KRS 431.600(6));• All cases to be prosecuted shall be presented to the grand jury in a timelymanner;• In interviewing a child victim, the prosecutor shall be sensitive to the needs of thechild and throughout the case shall make every effort to lessen the trauma of thatexperience for the child;• The prosecutor shall explain any decision not to prosecute to the family orguardian and to the child victim (KRS 431.600(7));• The prosecutor shall take an active part in interviewing the child victim/witnessand in familiarizing the child victim/witness with the court system andproceedings as early as practicable (KRS 431.600(4)); to the extent practicableand when in the best interest of the child, these interviews shall be conducted atthe CAC;• Children expected to testify shall be prepared for the courtroom experience priorto the day of trial (KRS 26A.140(1)(c));• The prosecutor or a member of the prosecutor's staff shall request that theenvironment of the courtroom be modified to accommodate the needs of the childand in appropriate cases procedures shall be used to shield children from visualcontact with the alleged perpetrator (KRS 26A.140; KRS 421.350);• All victims and witnesses who are required to attend criminal justice proceedingsshall be notified promptly of any scheduling changes that affect theirappearances (KRS 421.500(5)(a));• Victims who have provided the prosecutor with a current address and telephonenumber shall receive prompt notification of judicial proceedings relating to theircase (KRS 421.500(5)(b));• If the child victim is less than 16 years of age and the offense is a sexual offense,the Commonwealth may move for a speedy trial. If the motion is granted, thetrial shall be scheduled within 90 days and the impact on the well being of thechild must be considered when request for delay is made (KRS 421.510). The29
Page 1 and 2: KENTUCKY MULTIDISCIPLINARY COMMISSI
Page 3 and 4: INTRODUCTIONStatement of the Proble
Page 5 and 6: sexual victimization of Kentucky's
Page 7 and 8: Kentucky Multidisciplinary Teams: C
Page 9 and 10: Kentucky Multidisciplinary Commissi
Page 11 and 12: ROLES OF MULTIDISCIPLINARY TEAM MEM
Page 13 and 14: should establish procedures for the
Page 15 and 16: upon by the prosecutor and local te
Page 17 and 18: or psychiatrists licensed pursuant
Page 19 and 20: workers providing case work service
Page 21 and 22: OPERATION OF THE MULTIDISCIPLINARY
Page 23 and 24: JOINT INVESTIGATION FUNCTION OF THE
Page 25 and 26: Investigative ProceduresEstablishin
Page 27: making, information sharing, hierar
Page 31 and 32: CASE REVIEW FUNCTION OF THE MULTIDI
Page 33 and 34: Information Presented During the Ca
Page 35 and 36: health agency's overall consent for
Page 37 and 38: TRAINING FOR MULTIDISCIPLINARY TEAM
Page 39: fully functioning. The system will

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