Legal Question in Family Law in New Mexico

Social Services to child sexual abuse

If a child is reported as being sexually abused, how much time is allowed for state social workers to repond to the complaint?

Does the state social services department have an olbigation to respond to a complaint of children on a pre-adoptive visit from one state to the other when the alleged complaint happend during the time when the states are working together to assist the adotpion process? If so, what are the responsiblities of the state and in what time frames?


Asked on 5/07/99, 12:11 am

1 Answer from Attorneys

Jonathan Schiff Self employed

Re: Social Services to child sexual abuse

I believe the proceedures are set by state rule making (I am not familiar with the federal laws and whether there are specific mandates about response times). However I can tell yor that in my jurisdiction there is a triage approach and both response time and type of response (telephone, home visit, swat team, whatever) is going to depend on the intake worker's assessment of the immediacy and gravity of the danger.

Your question about a sexual abuse referral can be used as an example. If a child at school is reporting daily rapes by a step father who is promising more of the same for that day, I would say the worker is mandated to have the school detain the child while the worker gets out there with the police as fast as possible.

On the other hand, reports by mom that she suspects the father from whom she is divorced of fondling the child on one occasion during a twice monthly visit and the next visit isn't for two weeks, don't require such immediate in-person attention. I can't imaging anyone rushing out to the home. There still has to be a response but it might be by telephone. I believe the regulations generally do set out response times depending on the triage.

You also asked about jurisdiction. Any state within which an act of abuse takes place, has jurisdiction to respond. Further, I imagine the place of residence of the child being abused also has jurisdiction. But you would have to be more specific.

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Answered on 5/07/99, 6:53 pm


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