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SB 890 - Under this act, the director of the Department of Social Services, his or her designee, the Attorney General, or his or her designee may administer oaths and affirmations, issue subpoenas, take testimony, require document production, and other evidentiary measures if the Director or Attorney General deems it relevant and material to an investigation or proceeding relating to child abuse or neglect. This act also permits the Children's Division, a juvenile officer, or a prosecuting or circuit attorney to petition the circuit court on an ex parte basis for an order directing a parent, guardian, or other person with the care, custody, or control of a child who is the subject of a child abuse or neglect investigation to present the child to a qualified health care provider at a designated time and place for a sexual assault forensic examination, physical examination, psychological evaluation, interview, or other testing. The court shall enter an order under this act if the court determines that there is probable cause to suspect the child has been abused or neglected, the interview or examination is reasonably necessary for the completion of an investigation or the collection of evidence, and doing so would be in the best interests of the child. The act specifies the procedure for granting the ex parte order, as well as the procedure for any person served with a subpoena or order under this act to file a motion for a protective order or other relief. Any person served with an investigative demand or subpoena under this act shall preserve the information requested until produced or until further ordered by the court. Any person who knowingly violates this provision shall be guilty of a Class A misdemeanor. Finally, this act permits the tolling of statutory timelines for the Children's Division regarding investigations from the date the Division files a petition for a subpoena until the information is produced in full, the subpoena is withdrawn, or a court quashes the subpoena. SARAH HASKINS
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