HB 16-1389 Summary

• Government employees may photograph only areas of child trauma visible in plain sight on the child (normally viewable by public without removing clothing) when investigating suspected abuse or neglect.

• Government employees are prohibited from examining, unclothing, or photographing private areas of a child (genitals, pubic area, buttocks, breasts) unless they obtain parental/guardian consent, a court order, or reasonably believe exigent circumstances exist constituting a medical emergency.

• Non-government medical professionals (physicians, nurses, SANEs, social workers) may photograph private areas if performed for bona fide medical purposes consistent with reasonable medical practices, with appropriate consent, or pursuant to court order.

• The State Board of Human Services must adopt rules establishing child safety policies for photographing private areas, securing digital images, limiting access to case workers, preventing misuse as child pornography, and requiring training on Fourth Amendment legal searches and trauma-minimizing examination techniques.

• Coroners and medical examiners may photograph deceased children in investigations, and all photographs showing abuse must be immediately forwarded to county departments or law enforcement with copies retained.