AN ACT to amend and reenact subsection 10 of section 50-25.1-02 and section 50-25.1-11.1 of the North Dakota Century Code, relating to the definition of a children's advocacy center and the confidentiality of communications and records in the possession of a children's advocacy center.
Summary
SB 2173 updates North Dakota law governing children’s advocacy centers. It revises the statutory definition of a children’s advocacy center to require that the center be an accredited or associate member of the National Children’s Alliance and to clarify that these centers coordinate investigations of child abuse through a child-friendly location for forensic interviews, forensic medical examinations, and related multidisciplinary services such as mental health support, advocacy, and case review.
The bill also strengthens and clarifies confidentiality rules for records and communications held by children’s advocacy centers. Records and digital media related to forensic medical examinations, forensic interviews, advocacy, or therapy remain confidential and may be released only by subpoena signed by a judge, with specified exceptions for law enforcement, prosecutors, courts, the department, other children’s advocacy centers, and medical or mental health professionals acting in their professional capacity. It further authorizes the department to request criminal history record checks for board members, employees, applicants, contractors, and volunteers who have contact with children at or through a center.
Impact
The bill amends sections 50-25.1-02 and 50-25.1-11.1 of the North Dakota Century Code, narrowing and clarifying the legal definition of a children’s advocacy center and expanding statutory guidance on confidentiality and background-check authority. It affects children’s advocacy centers, the Department of Health and Human Services (or the relevant department referenced in statute), law enforcement, prosecutors, courts, and medical and mental health professionals who interact with child abuse cases. The changes are intended to support coordinated child-abuse investigations while protecting sensitive records and ensuring screening of adults with access to children.
Sentiment
The bill appears to have been broadly supported and noncontroversial. It passed the Senate 46-0 and the House 89-0, indicating unanimous approval in both chambers. The lack of recorded committee testimony in the provided materials also suggests there was little visible opposition or debate in the legislative record supplied here.
Contention
No major points of contention are evident in the available record. The main policy choices are administrative and protective in nature: limiting the definition of eligible children’s advocacy centers to National Children’s Alliance accredited or associate members, preserving confidentiality of sensitive child-abuse-related records, and allowing criminal history checks for individuals affiliated with a center. Any potential concern would likely center on balancing confidentiality and access to information, but no opposition or divided views are reflected in the votes or transcripts provided.
AN ACT to amend and reenact subsection 10 of section 50-25.1-02 and section 50-25.1-11.1 of the North Dakota Century Code, relating to the definition of a children's advocacy center and the confidentiality of communications and records in the possession of a children's advocacy center.
AN ACT to amend and reenact section 6-08.1-03 of the North Dakota Century Code, relating to the duty of confidentiality and disclosure to the North Dakota protection and advocacy project.
A BILL for an Act to amend and reenact subsection 1 of section 26.1-02-31 and subsection 6 of section 26.1-03-19.4 of the North Dakota Century Code, relating to confidentiality of insurance department records.
AN ACT to amend and reenact subsection 13 of section 1-01-49, subsection 4 of section 10-30.5-01, and section 40-57.1-02 of the North Dakota Century Code, relating to the definition of primary sector business.
AN ACT to amend and reenact subsection 3 of section 14-09-08.1, section 14-09-08.2, subsection 2 of section 14-09-08.11, section 14-09-08.21, subsection 2 of section 14-09-09.32, subsection 16 of section 50-09-02, and section 50-09-36 of the North Dakota Century Code, relating to establishment and enforcement of child support; and to repeal section 50-09-32 of the North Dakota Century Code, relating to enforcement of child support.
AN ACT to amend and reenact subsection 10 of section 50-25.1-02 and section 50-25.1-11.1 of the North Dakota Century Code, relating to the definition of a children's advocacy center and the confidentiality of communications and records in the possession of a children's advocacy center.