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Multidisciplinary Teams
The purpose of Multidisciplinary Team shall be to insure the immediate and future safety of the child victim, minimize further trauma or revictimization, assist in the healing of the child victim, increase the quality of sexual abuse investigations, and to facilitate efficient and appropriate disposition of cases through the criminal justice system (See: KRS 620.040 (7)(c)).
Multidisciplinary Team Members (prosecutors, law enforcement, social workers, CAC staff, mental health, medical professionals, victim advocates, and educational professionals) meet to collaborate and discuss the child sexual abuse cases for their county. The meetings are designed to ensure child victims of sexual abuse are receiving comprehensive services and appropriate referrals, as well as to track the progress of the criminal case.
Commonwealth Attorneys* The Office of the Commonwealth’s Attorney prosecutes all felony crimes (those carrying a penalty of one year or more) committed by persons eighteen years or older, which occur in the judicial circuit of that prosecutor. In some specific instances, the Commonwealth’s Attorney may also prosecute juveniles charged with felony offenses. The Commonwealth’s Attorney is also responsible for presenting evidence of such crimes to the Grand Jury (KRS 15.725).
County Attorneys* The Office of the County Attorney prosecutes all violations of criminal laws, except KRS Chapter 131, within the jurisdiction of the district court and all proceedings held pursuant to petitions filed under KRS Chapter 610, which occur in the county of that prosecutor. These cases include felony crimes through preliminary hearing, misdemeanor crimes, crimes committed by juveniles, and dependency, neglect and abuse cases (KRS 15.725; KRS 610). The County Attorney has a critical role in the handling of abuse, neglect or dependency cases in juvenile court that are a primary source of protection for sexually abused children.
*The prosecutor leads the multidisciplinary team and has the final decision as to whether charges will be filed. Consideration is given to many factors which will affect the likelihood of success in court. Some of the factors considered are: age and maturity of the child, the child’s ability to testify, whether or not the suspect has confessed, and whether or not there are other witnesses. The victim shall be consulted by the attorney for the Commonwealth on the outcome and the progression of the case.
Law Enforcement Law enforcement officers are part of the investigative team. Law enforcement investigates alleged criminal conduct committed within the Commonwealth. They can interview non-offending parents, suspects and other witnesses, and gather evidence from the scene of the alleged event. Investigations, including interviews, shall be coordinated with Dept. of Community Based Services in compliance with KRS 431.600.
Child Protective Workers Cabinet for Health and Family Services workers have the primary responsibility for receiving and investigating reports of alleged child abuse and neglect and for providing services to children and their families where abuse and neglect is found. The Cabinet for Health and Family Services is responsible to investigate when the person who is the perpetrator of abuse or neglect is the parent or guardian or has some type of supervisory responsibility for the child.
The Cabinet or its designated representative shall participate in an investigation of non-custodial physical abuse or neglect at the request of the local law enforcement agency or the Kentucky State Police. The cabinet shall participate in all investigations of reported or suspected sexual abuse of a child (KRS 6202.040 (3)).
Medical Professionals Medical professionals may include physicians licensed pursuant to KRS 311.550 or nurses licensed pursuant to KRS 314.011 and other health care providers licensed within Kentucky statute. The statute provide authority to physicians and hospital administrators to place a child under a 72-hour hold if necessary for protection (KRS 620.040) and provides immunity from criminal or civil liability for performing diagnostic procedures or taking x-rays pursuant to child abuse reports (KRS 620.050).
Mental Health Mental health professionals encompass many different disciplines including social work, psychiatry, art therapists, marriage and relationship counselors, psychologists, and/or psychiatric nurses. These professionals must be licensed in their specific discipline to take part in the team (KRS 319,335,311,314). Mental health professionals on the team may provide support to the prosecutor by preparing victims to testify, provide psychosocial assessments of victims and non-offending parents, assist in crisis intervention, and provide therapeutic interventions to the victims and families. They may also consult and serve as an educational resource on subjects of mental health, and assist Child Protective Services in determining the risk for a child. The mental health professional may also facilitate and refer to treatment, provide expert testimony in court, and assist in the creation of Victim Impact Statements.
Victim Advocate Victim Advocates can be a valuable resource to victims of sexual abuse/sexual assault who are currently involved with the legal system. Victim Advocates provide support to victims and their non-offending family members in all stages of the legal process, from the investigation and court proceedings to the probation/parole board. It is important for victims to know that they have a support person who will be there at their court dates, who will explain what to expect at different stages, and what happens next.
Kentucky State Statute (KRS 421.500-421.575) provides rights to victims known as the Crime Victim Bill of Rights. Those rights include, but are not limited to, the right to be informed of emergency assistance, to be notified when the accused is arrested and/or released from jail, the right to be informed about their case and any changes that may have occurred, the right to be consulted in the event of a plea offer, and the right to be heard before the sentencing of a defendant by way of a Victim Impact Statement. These are all rights that Victim Advocates work to ensure are being protected. A Victim Advocate will also inform their clients about their rights, which empowers them to advocate for themselves. Victim Advocates are also very involved in Multidisciplinary Team meetings.
Children’s Advocacy Centers Children’s Advocacy Center staff promote the well being of children while assisting in facilitating the most effective investigation and prosecution of child sexual abuse cases. In addition to focusing on the best interest of children, CAC staff also support the professionals who dedicate themselves to the protection of children, particularly social workers, advocates, law enforcement officers, and prosecutors. CACs are defined in KRS 620.020.
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