Title III of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after section 209D the following section:

Section 209E Children’s Advocacy Centers

(a)    Definitions; As used in this section, the following words shall have the following meanings unless the context clearly indicates otherwise: “child abuse” means a report made regarding suspicion of sexual abuse, sexual exploitation and/or serious physical abuse when a child is under 18 years of age; “Children’s Advocacy Center” or “CAC” means an agency or program, established in compliance with the uniform minimum standards set forth by the Massachusetts Children’s Alliance, that coordinates the investigation of child abuse reports by providing a child-appropriate, child-friendly  location for forensic interviews and by  accessing specialized services for children alleged to have been abused and their non-offending family members/guardians that include, but are not limited to, forensic interviews, forensic medical examinations, mental health services, victim and court advocacy, crisis and safety assessment and intervention; “district” means a county or counties under the jurisdiction of one elected district attorney; “public agency” means a county or state agency; “multidisciplinary team” means the public and private agencies that are participant partners in a CAC;  the investigation component of a multidisciplinary team is the “Sexual Abuse Intervention Network (SAIN)”, which consists of, at a minimum, representatives of the DA, DSS, and police, convened by a coordinator to investigate a report of abuse and make collaborative decisions regarding protection, services and treatment, and possible prosecution.  

(b) There shall be established in the Commonwealth a statewide organization that has expertise in the establishment and operations of children’s advocacy center (CAC) programs, the name of which shall be the Massachusetts Children’s Alliance (MACA).  This state organization shall be an approved chapter of the National Children’s Alliance and shall exist to support the development, maintenance, growth, and accreditation of children’s advocacy centers in each district of the Commonwealth. 

MACA shall be governed by  an elected board of directors, at least half of whom shall be CAC representatives from throughout the Commonwealth.

(c) MACA shall be charged with developing statewide minimum program standards and best practices for the operation of Children’s Advocacy Centers.  MACA shall also conduct outreach, education, and specialized training for professionals and the public, and develop resources for supporting Children’s Advocacy Centers including seeking and administering private and/or public funding

(d) There shall be established in each district in the Commonwealth a Children’s Advocacy Center (CAC).  Each center will be established as a multidisciplinary, interagency program that responds to reports of sexual and serious physical abuse cases in a coordinated manner and in a safe, child-friendly facility. The member agencies of the CAC shall be charged with investigating cases of child abuse, initiating treatment and services for victims, and where appropriate, prosecuting offenders.

(e) No agency or group of agencies shall hold themselves out to be a Children’s Advocacy Center unless they are a member of the Massachusetts Children’s Alliance.

(f)  Notwithstanding any privilege created by statute or common law relating to confidential communications or statute prohibiting the disclosure of information, member agency representatives may share information with each other in the furtherance of the duties of the CAC.  Unless authorized by the victim, or where the victim is unable to legally act on their own behalf, the parent or guardian of the alleged child victim, or except as necessary to carry out the CAC’s purpose and duties, including investigations, case review and case tracking, members of the CAC may not disclose any information about individuals or cases to any person who is not a member of the CAC. Unless authorized by the victim or where the victim is unable to legally act on their own behalf, the parent or guardian of the victim, any and all information and records acquired by the CAC, in the exercise of its purpose and duties pursuant to this chapter, shall be confidential, and shall not be disclosed to all third parties, except where necessary to carry out the CAC’s duties and purposes. Statistical compilations of aggregate data that do not contain any information that would permit the identification of any person may be disclosed to the public.

(g) A person acting in good faith and within the official scope of their duties as a member of the CAC or staff or as a board member or volunteer of a CAC and of the state organization shall not be held liable for damages resulting from a recommendation made or an opinion rendered.  However, nothing herein shall be construed to exempt a person from any liability arising from actions that constitute gross negligence.