9-4-213 - State appropriations to child advocacy centers. - Tennessee Statutes

9-4-213. State appropriations to child advocacy centers.

(a)  Except as otherwise provided in subsection (b), on and after July 1, 1998, no state funds appropriated specifically for child advocacy centers shall be allocated or paid to any such center unless the center clearly demonstrates that it:

     (1)  Is a nonprofit corporation which has received a determination of exemption from the internal revenue service under 26 U.S.C. § 501(c)(3);

     (2)  Employs an executive director who is answerable to the board of directors and who is not the salaried employee of any governmental entity signing the memorandum of understanding and working protocol identified in subdivision (a)(3);

     (3)  Has a signed memorandum of understanding and working protocol executed among:

          (A)  The department of children's services;

          (B)  All county and municipal law enforcement agencies within the geographical area served by the center;

          (C)  All district attorneys general offices within the geographical area served by the center; and

          (D)  Any other governmental entity which participates in child abuse investigations or offers services to child abuse victims within the geographical area served by the center;

     (4)  Facilitates the use of a multidisciplinary team (representing prosecution, law enforcement, mental health, medical, child protective and social services professionals and the juvenile court) which jointly:

          (A)  Assess victims of child abuse and their families; and

          (B)  Determine the need for services;

     (5)  Provides a facility, located in a neutral, child-friendly and physically separate space from the day-to-day operations of the governmental entities signing the memorandum of understanding and working protocol identified in subdivision (a)(3), at which facility the multidisciplinary team meets to coordinate the efficient and appropriate disposition of child abuse cases through the civil and criminal justice systems;

     (6)  Provides for the provision of needed services, referral to such services, and case tracking;

     (7)  Has written policies and procedures consistent with standards established by the national network of children's advocacy centers; and

     (8)  Agrees to accurately collect and report key outcome data and information relative to each center's operations to the Tennessee chapter of children's advocacy centers. Such data and information shall be compiled by the Tennessee chapter of children's advocacy centers and shall be reported annually to the chairs of the senate judiciary committee, the house of representatives children and family affairs committee, and the select committee on children and youth. The data and information collected pursuant to this section shall include, at a minimum, the following:

          (A)  Number and demographic profiles of cases served by age, gender, race, type of abuse and treatment thereof, including mental health and medical services rendered;

          (B)  Demographic profiles of perpetrators of abuse by age, gender, race, relationship to victim, and the outcome of any legal action taken against such perpetrators;

          (C)  The nature of services and support provided by or through the center; and

          (D)  Data and information relative to community investment in and community support of the center.

(b)  On and after July 1, 1998, no state funds appropriated specifically for one-time, start-up assistance for new child advocacy centers shall be allocated or paid to any such center unless the center clearly demonstrates that it:

     (1)  Has a signed memorandum of understanding and working protocol executed among:

          (A)  The department of children's services;

          (B)  All county and municipal law enforcement agencies within the area served by the center;

          (C)  All district attorneys general offices within the area served by the center; and

          (D)  Any other governmental entity which participates in child abuse investigations or offers services to child abuse victims within the area served by the center; and

     (2)  Has formally filed an application for a determination of exemption from the internal revenue service under 26 U.S.C. § 501(c)(3).

After receiving any such start-up assistance, no additional state funds appropriated specifically for child advocacy centers shall be allocated or paid to such center unless the center clearly demonstrates that it complies with the enumerated requirements set forth in subsection (a).

(c)  In those geographical areas in which a child advocacy center meets the requirements of subsection (a) or (b), child advocacy center directors or their designees shall be members of the child protective multi-disciplinary teams under title 37, chapter 1, parts 4 and 6, for purposes of provision of services and functions established by this section or delegated pursuant to this section. In such event, child advocacy center directors or their designees may access and generate all necessary information, which shall retain its confidential status, consistent with § 37-1-612.

(d)  Notwithstanding any other provision of this section to the contrary, the department of children's services, or any other department administering state funds specially appropriated for child advocacy centers, shall continue to allocate and/or pay such funds to existing child advocacy centers with active applications on file with the department, if such centers demonstrate satisfactory progress in efforts to achieve compliance with the provisions of this section.

[Acts 1998, ch. 988, § 1; T.C.A. § 9-6-123; Acts 1999, ch. 453, § 3.]