1. A. Upon notification or receipt of a report that a child may be deprived or whenever the county office determines that there are reasonable grounds to believe that a child may be deprived, the Department shall conduct a preliminary inquiry or investigation in accordance with priority guidelines established by the Department. The Department shall forward its findings to the district attorney's office.

2. B.

   1. 1. If, after the preliminary inquiry or investigation, the Department determines that:

      1. a. an alleged abuse or neglect of a child was perpetrated by someone other than a person responsible for the child's health and welfare, and
      2. b. an alleged abuse or neglect of a child does not appear to be attributable to failure on the part of a person responsible for the child's health or welfare to provide protection for the child, the Department shall immediately verbally notify an appropriate local law enforcement agency for the purpose of conducting a possible criminal investigation. The verbal notification to the local law enforcement agency shall be followed by written referral transmitted at no later than close of the next day that the local law enforcement agency is open for business.
   2. 2. During the preliminary inquiry or investigation, the Department shall determine whether the alleged perpetrator is a parent of any child or is otherwise a person responsible for any child's health or welfare. If the alleged perpetrator is determined to be a parent of a child or is otherwise a person responsible for any child's health or welfare, such determination shall constitute reasonable grounds to conduct a preliminary inquiry or investigation regarding such child pursuant to subsection A of this section.
   3. 3. After making the referral to the law enforcement agency, the Department shall not be responsible for further investigation of the case unless notice is received from the law enforcement agency as provided by subsection C of this section or the alleged perpetrator is a person responsible for any child's health or welfare.
   4. 4. The Department of Human Services shall promulgate rules for the implementation of the provisions of this subsection. Said rules shall include, but not be limited to, provision for adequate and appropriate inquiry or investigation by the Department prior to notification of a local law enforcement agency.

3. C.

   1. 1. Any law enforcement agency receiving a referral as provided in this section shall provide the Department of Human Services' local child welfare office with a copy of the report of its investigation resulting from a referral from the Department.
   2. 2. Whenever, in the course of any criminal investigation, a law enforcement agency determines that there is cause to believe that the alleged abuse or neglect was perpetrated by a person responsible for the health and welfare of the child or is attributable to failure on the part of a person responsible for the child's health or welfare to provide protection for the child, the law enforcement agency shall immediately verbally contact the local child welfare office for the purpose of an investigation by that office. The verbal notification to the local child welfare office shall be followed by a written referral to the Department of Human Services no later than the close of the next day that the Department is open for business.

Laws 1995, HB 1978, c. 352, § 9, emerg. eff. July 1, 1995.