AB 1001: Child abuse: reporting: foster family agencies.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-09-30
(1)The Child Abuse and Neglect Reporting Act requires a mandated reporter, as defined and including an administrator or employee of a public or private organization whose duties require direct contact and supervision of children, to make a report to a specified agency whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Under existing law, the failure to make this report is a crime. Existing law also prohibits a supervisor or administrator from impeding or inhibiting the reporting duties, provides that a person making the report shall not be subject to any sanctions for making the report, and prohibits internal procedures to facilitate reporting from requiring any employee required to make reports to disclose his or her identity to the employer.
Existing law, the California Community Care Facilities Act (the act), governs the licensing and regulation of community care facilities, as defined, including foster family agencies for children. Existing law vests responsibility for administering and enforcing laws and regulations governing those facilities in the State Department of Social Services. Existing law authorizes the department to prohibit a person from being a member of the board of directors, an executive director, or an officer of a licensee, or a licensee from employing, or continuing the employment of, or allowing in a licensed facility or certified family home, or allowing contact with clients of a licensed facility or certified family home by, any employee, prospective employee, or person who is not a client who has committed various acts or has been denied an exemption to work or to be present in a facility or certified family home, as specified.
This bill would expand the definition of mandated reporter to include a board member of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency. By imposing the reporting requirements on a new class of persons, for whom failure to report specified conduct is a crime, this bill would impose a state-mandated local program. The bill would also require the department to develop a notice regarding the reporting of complaints and would require the posting of that notice in all foster family agencies, as specified. The bill would require that if the department, as a condition of licensure, requires the chief executive officer or other authorized member of the board of directors and the administrator of a foster family agency to attend an orientation given by the licensing agency that outlines the applicable rules and regulations for operation of a foster family agency, that orientation shall include a description of policies, procedures, or practices that violate the provisions described above governing mandated reporters. The bill would require the department to take reasonable action, including, among other things, prohibiting a person from being a member of the board of directors, upon a finding of a violation of the provisions described above governing mandated reporters.
(2)This bill would incorporate additional changes to Section 11165.7 of the Penal Code proposed by AB 1997 that would become operative if this bill and AB 1997 are chaptered and this bill is chaptered last.
(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)The Child Abuse and Neglect Reporting Act requires a mandated reporter, as defined and including an administrator or employee of a public or private organization whose duties require direct contact and supervision of children, to make a report to a specified agency whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Under existing law, the failure to make this report is a crime. Existing law also prohibits a supervisor or administrator from impeding or inhibiting the reporting duties, provides that a person making the report shall not be subject to any sanctions for making the report, and prohibits internal procedures to facilitate reporting from requiring any employee required to make reports to disclose his or her identity to the employer.
Existing law, the California Community Care Facilities Act (the act), governs the licensing and regulation of community care facilities, as defined, including foster family agencies for children. Existing law vests responsibility for administering and enforcing laws and regulations governing those facilities in the State Department of Social Services. Existing law authorizes the department to prohibit a person from being a member of the board of directors, an executive director, or an officer of a licensee, or a licensee from employing, or continuing the employment of, or allowing in a licensed facility or certified family home, or allowing contact with clients of a licensed facility or certified family home by, any employee, prospective employee, or person who is not a client who has committed various acts or has been denied an exemption to work or to be present in a facility or certified family home, as specified.
This bill would expand the definition of mandated reporter to include a board member of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency. By imposing the reporting requirements on a new class of persons, for whom failure to report specified conduct is a crime, this bill would impose a state-mandated local program. The bill would also require the department to develop a notice regarding the reporting of complaints and would require the posting of that notice in all foster family agencies, as specified. The bill would require that if the department, as a condition of licensure, requires the chief executive officer or other authorized member of the board of directors and the administrator of a foster family agency to attend an orientation given by the licensing agency that outlines the applicable rules and regulations for operation of a foster family agency, that orientation shall include a description of policies, procedures, or practices that violate the provisions described above governing mandated reporters. The bill would require the department to take reasonable action, including, among other things, prohibiting a person from being a member of the board of directors, upon a finding of a violation of the provisions described above governing mandated reporters.
(2)This bill would incorporate additional changes to Section 11165.7 of the Penal Code proposed by AB 1997 that would become operative if this bill and AB 1997 are chaptered and this bill is chaptered last.
(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)The Child Abuse and Neglect Reporting Act requires a mandated reporter, as defined and including an administrator or employee of a public or private organization whose duties require direct contact and supervision of children, to make a report to a specified agency whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Under existing law, the failure to make this report is a crime. Existing law also prohibits a supervisor or administrator from impeding or inhibiting the reporting duties, provides that a person making the report shall not be subject to any sanctions for making the report, and prohibits internal procedures to facilitate reporting from requiring any employee required to make reports to disclose his or her identity to the employer.
Existing law, the California Community Care Facilities Act (the act), governs the licensing and regulation of community care facilities, as defined, including foster family agencies for children. Existing law vests responsibility for administering and enforcing laws and regulations governing those facilities in the State Department of Social Services. Existing law authorizes the department to prohibit a person from being a member of the board of directors, an executive director, or an officer of a licensee, or a licensee from employing, or continuing the employment of, or allowing in a licensed facility or certified family home, or allowing contact with clients of a licensed facility or certified family home by, any employee, prospective employee, or person who is not a client who has committed various acts or has been denied an exemption to work or to be present in a facility or certified family home, as specified.
This bill would expand the definition of mandated reporter to include a board member of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency. By imposing the reporting requirements on a new class of persons, for whom failure to report specified conduct is a crime, this bill would impose a state-mandated local program. The bill would also require the department to develop a notice regarding the reporting of complaints and would require the posting of that notice in all foster family agencies, as specified. The bill would also require that if the department, as a condition of licensure, requires the chief executive officer or other authorized member of the board of directors and the administrator of a foster family agency to attend an orientation given by the licensing agency that outlines the applicable rules and regulations for operation of a foster family agency, then that orientation shall include a description of policies, procedures, or practices, that violate the provisions described above governing mandated reporters. The bill would also require the department to take reasonable action, including, among other things, prohibiting a person from being a member of the board of directors, upon a finding of a violation of the provisions described above governing mandated reporters.
(2)This bill would incorporate additional changes to Section 11165.7 of the Penal Code proposed by AB 1997 that would become operative if this bill and AB 1997 are chaptered and this bill is chaptered last.
(2)
(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)The Child Abuse and Neglect Reporting Act requires a mandated reporter, as defined and including an administrator or employee of a public or private organization whose duties require direct contact and supervision of children, to make a report to a specified agency whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Under existing law, the failure to make this report is a crime. Existing law also prohibits a supervisor or administrator from impeding or inhibiting the reporting duties, provides that a person making the report shall not be subject to any sanctions for making the report, and prohibits internal procedures to facilitate reporting from requiring any employee required to make reports to disclose his or her identity to the employer.
Existing law, the California Community Care Facilities Act (the act), governs the licensing and regulation of community care facilities, as defined, including foster family agencies for children. Existing law vests responsibility for administering and enforcing laws and regulations governing those facilities in the State Department of Social Services. Existing law authorizes the department to prohibit a person from being a member of the board of directors, an executive director, or an officer of a licensee, or a licensee from employing, or continuing the employment of, or allowing in a licensed facility or certified family home, or allowing contact with clients of a licensed facility or certified family home by, any employee, prospective employee, or person who is not a client who has committed various acts or has been denied an exemption to work or to be present in a facility or certified family home, as specified.
This bill would expand the definition of mandated report reporter to include a board member of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency. By imposing the reporting requirements on a new class of persons, for whom failure to report specified conduct is a crime, this bill would impose a state-mandated local program. The bill would also require the department to develop a notice regarding the reporting of complaints and would require the posting of that notice in all foster family agencies, as specified. The bill would also require that if the department, as a condition of licensure, requires the chief executive officer or other authorized member of the board of directors and the administrator of a foster family agency to attend an orientation given by the licensing agency that outlines the applicable rules and regulations for operation of a foster family agency, then that orientation shall include a description of policies, procedures, or practices, that violate the provisions described above governing mandated reporters. The bill would also require the department to take reasonable action, including, among other things, prohibiting a person from being a member of the board of directors, upon a finding of a violation of the provisions described above governing mandated reporters.
(2)Existing law requires the department, in consultation with counties and labor organizations, to establish a process to receive voluntary disclosures from social workers, if a social worker has reasonable cause to believe that a policy, procedure, or practice, related to the provision of child welfare services by a county child welfare agency, meets any of specified conditions, including that the policy, procedure, or practice endangers the health or well-being of children or is contrary to an existing statute or regulation. Existing law requires the department to make available to counties and labor organizations a description of the process established, and, no later than January 1, 2018, to report to the Legislature the total number of relevant disclosures received from social workers and a summary description of both the issues raised in the disclosures received and the actions taken by the department in response to the disclosures, and to post the information on the departments Internet Web site.
This bill would, effective January 1, 2018, require the department to carry out the duties imposed pursuant to these provisions with respect to voluntary disclosures from social workers employed at a foster family agency, as defined, including, but not limited to, disclosures from social workers who have reasonable cause to believe that a policy, procedure, or practice violates the provisions governing mandated reporters described in paragraph (1). The bill would require the department to make a report regarding this information, similar to the report required pursuant to existing law, no later than July 1, 2019, and to post the information on its Internet Web site.
(3)
(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)The Child Abuse and Neglect Reporting Act requires a mandated reporter, as defined, defined and including an administrator or employee of a public or private organization whose duties require direct contact and supervision of children, to make a report to a specified agency whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Under existing law, the failure to make this report is a crime. Existing law also prohibits a supervisor or administrator from impeding or inhibiting the reporting duties, provides that a person making the report shall not be subject to any sanctions for making the report, and prohibits internal procedures to facilitate reporting from requiring any employee required to make reports to disclose his or her identity to the employer.
Existing law, the California Community Care Facilities Act (the act), governs the licensing and regulation of community care facilities, as defined, including foster family agencies for children. Existing law vests responsibility for administering and enforcing laws and regulations governing those facilities in the State Department of Social Services. Existing law authorizes the department to prohibit a person from being a member of the board of directors, an executive director, or an officer of a licensee, or a licensee from employing, or continuing the employment of, or allowing in a licensed facility or certified family home, or allowing contact with clients of a licensed facility or certified family home by, any employee, prospective employee, or person who is not a client who has committed various acts or has been denied an exemption to work or to be present in a facility or certified family home, as specified.
This bill would expand the definition of mandated report to include a board member of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency. By imposing the reporting requirements on a new class of persons, for whom failure to report specified conduct is a crime, this bill would impose a state-mandated local program. The bill would also require that if the department, as a condition of licensure, requires the chief executive officer or other authorized member of the board of directors and the administrator of a foster family agency to attend an orientation give given by the licensing agency that outlines the applicable rules and regulations for operation of a foster family agency, then that orientation shall include a description of policies, procedures, or practices, that violate the provisions described above governing mandated reporters. The bill would also require the department to take reasonable action, including, among other things, prohibiting a person from being a member of the board of directors, upon a finding of a violation of the provisions described above governing mandated reporters.
(2)Existing law requires the department, in consultation with counties and labor organizations, to establish a process to receive voluntary disclosures from social workers, if a social worker has reasonable cause to believe that a policy, procedure, or practice, related to the provision of child welfare services by a county child welfare agency, meets any of specified conditions, including that the policy, procedure, or practice endangers the health or well-being of children or is contrary to an existing statute or regulation. Existing law requires the department to make available to counties and labor organizations a description of the process established, and, no later than January 1, 2018, to report to the Legislature the total number of relevant disclosures received from social workers and a summary description of both the issues raised in the disclosures received and the actions taken by the department in response to the disclosures, and to post the information on the departments Internet Web site.
This bill would, effective January 1, 2018, require the department to carry out the duties imposed pursuant to these provisions with respect to voluntary disclosures from social workers employed at a foster family agency, as defined, including, but not limited to, disclosures from social workers who have reasonable cause to believe that a policy, procedure, or practice violates the provisions governing mandated reporters described in paragraph (1). The bill would require the department to make a report regarding this information, similar to the report required pursuant to existing law, no later than July 1, 2019, and to post the information on its Internet Web site.
(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)The Child Abuse and Neglect Reporting Act requires a mandated reporter, as defined, to make a report to a specified agency whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Under existing law, the failure to make this report is a crime. Existing law also prohibits a supervisor or administrator from impeding or inhibiting the reporting duties, provides that a person making the report shall not be subject to any sanctions for making the report, and prohibits internal procedures to facilitate reporting from requiring any employee required to make reports to disclose his or her identity to the employer.
Existing law, the California Community Care Facilities Act (the act), governs the licensing and regulation of community care facilities, as defined, including foster family agencies for children. Existing law vests responsibility for administering and enforcing laws and regulations governing those facilities in the State Department of Social Services. Existing law authorizes the department to prohibit a person from being a member of the board of directors, an executive director, or an officer of a licensee, or a licensee from employing, or continuing the employment of, or allowing in a licensed facility or certified family home, or allowing contact with clients of a licensed facility or certified family home by, any employee, prospective employee, or person who is not a client who has committed various acts or has been denied an exemption to work or to be present in a facility or certified family home, as specified.
This bill would require the department to deny an application for, or suspend or revoke, a license pursuant to the act, upon a finding that the applicant or licensee has impeded or inhibited those mandated reporting duties, sanctioned a person making a report, or required an employee to disclose his or her identity to the employer in violation of the provisions described above governing mandated reporters. The bill would prohibit the reinstatement of a license, registration, or special permit that is suspended pursuant to this provision, as specified. The bill would also impose other related requirements on the department governing conditions of licensure.
This bill would require that if the department, as a condition of licensure, requires the chief executive officer or other authorized member of the board of directors and the administrator of a foster family agency to attend an orientation give by the licensing agency that outlines the applicable rules and regulations for operation of a foster family agency, then that orientation shall include a description of policies, procedures, or practices, that violate the provisions described above governing mandated reporters. The bill would also require the department to take reasonable action, including, among other things, prohibiting a person from being a member of the board of directors, upon a finding of a violation of the provisions described above governing mandated reporters.
(2)Existing law requires the department, in consultation with counties and labor organizations, to establish a process to receive voluntary disclosures from social workers, if a social worker has reasonable cause to believe that a policy, procedure, or practice, related to the provision of child welfare services by a county child welfare agency, meets any of specified conditions, including that the policy, procedure, or practice endangers the health or well-being of children or is contrary to an existing statute or regulation. Existing law requires the department to make available to counties and labor organizations a description of the process established, and, no later than January 1, 2018, to report to the Legislature the total number of relevant disclosures received from social workers and a summary description of both the issues raised in the disclosures received and the actions taken by the department in response to the disclosures, and to post the information on the departments Internet Web site.
This bill would, effective January 1, 2018, require the department to carry out the duties imposed pursuant to these provisions with respect to voluntary disclosures from social workers employed at a foster family agency, as defined, including, but not limited to, disclosures from social workers who have reasonable cause to believe that a policy, procedure, or practice violates the provisions governing mandated reporters described in paragraph (1). The bill would require the department to make a report regarding this information, similar to the report required pursuant to existing law, no later than July 1, 2019, and to post the information on its Internet Web site.
(1)The Child Abuse and Neglect Reporting Act requires a mandated reporter, as defined, to make a report to a specified agency whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Under existing law, the failure to make this report is a crime. Existing law also prohibits a supervisor or administrator from impeding or inhibiting the reporting duties, provides that a person making the report shall not be subject to any sanctions for making the report, and prohibits internal procedures to facilitate reporting from requiring any employee required to make reports to disclose his or her identity to the employer.
Existing law, the California Community Care Facilities Act (the act), governs the licensing and regulation of community care facilities, as defined, including foster family agencies for children. Existing law vests responsibility for administering and enforcing laws and regulations governing those facilities in the State Department of Social Services.
This bill would require the department to deny an application for, or suspend or revoke, a license pursuant to the act, upon a finding that the applicant or licensee has impeded or inhibited those mandated reporting duties, sanctioned a person making a report, or required an employee to disclose his or her identity to the employer in violation of the provisions described above governing mandated reporters. The bill would prohibit the reinstatement of a license, registration, or special permit that is suspended pursuant to this provision, as specified. The bill would also impose other related requirements on the department governing conditions of licensure.
(2)Existing law requires the department, in consultation with counties and labor organizations, to establish a process to receive voluntary disclosures from social workers, if a social worker has reasonable cause to believe that a policy, procedure, or practice, related to the provision of child welfare services by a county child welfare agency, meets any of specified conditions, including that the policy, procedure, or practice endangers the health or well-being of children or is contrary to existing statute or regulation. Existing law requires the department to make available to counties and labor organizations a description of the process established, and, no later than January 1, 2018, to report to the Legislature the total number of relevant disclosures received from social workers and a summary description of both the issues raised in the disclosures received and the actions taken by the department in response to the disclosures, and to post the information on the departments Internet Web site.
This bill would, effective January 1, 2018, require the department to carry out the duties imposed pursuant to these provisions with respect to voluntary disclosures from social workers employed at a foster family agency, as defined, including, but not limited to, disclosures from social workers who have reasonable cause to believe that a policy, procedure, or practice violates the provisions governing mandated reporters described in paragraph (1). The bill would require the department to make a report regarding this information, similar to the report required pursuant to existing law, no later than July 1, 2019, and to post the information on its Internet Web site.
The Child Abuse and Neglect Reporting Act requires a mandated reporter, as defined, to make a report to a specified agency whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Under existing law, the failure to make this report is a crime.
This bill would prohibit a person from impeding or interfering with the making of a report of suspected child abuse or neglect by a mandated reporter. The bill would provide that an intentional violation of these provisions is a misdemeanor and may subject the offender to liability for actual damages sustained by a victim of child abuse or neglect for any abuse or neglect that occurs after the person impeded or interfered with the report being made.
By creating a new crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Child Abuse and Neglect Reporting Act requires a mandated reporter, as defined, to make a report to a specified agency whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Under existing law, the failure to make this report is a crime.
This bill would prohibit a person from impeding or interfering with the making of a report of suspected child abuse or neglect by a mandated reporter. The bill would provide that an intentional violation of these provisions is a misdemeanor and may subject the offender to liability for actual damages sustained by a victim of child abuse or neglect for any abuse or neglect that occurs after the person impeded or interfered with the report being made.
By creating a new crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(a)The department shall, no later than July 1, 2017, develop a notice that does all of the following:
(1)Contains the telephone number to make a complaint regarding a community care facility or child care facility.
(2)Includes information about the prohibition of impeding mandated reports.
(3)Includes information about the option to make a confidential complaint.
(b)The notice developed pursuant to subdivision (a) shall be posted conspicuously in a prominent area in all foster family agencies.
SEC. 2.Section 1556.5 is added to the Health and Safety Code, to read:1556.5.(a)If the department, as a condition of licensure, requires the chief executive officer or other authorized member of the board of directors and the administrator of a foster family agency to attend an orientation given by the licensing agency that outlines the applicable rules and regulations for operation of a foster family agency, that orientation shall include, but not be limited to, a description of policies, procedures, or practices that violate paragraph (1) or (2) of subdivision (i) of Section 11166 of the Penal Code.
(b)If the department requires, as part of an application for licensure for a foster family agency, a written plan of operation, that plan of operation shall include a written plan establishing policies, procedures, or practices to ensure that the foster family agency does not violate paragraph (1) or (2) of subdivision (i) of Section 11166 of the Penal Code.
(c)For purposes of this section, a foster family agency is defined in paragraph (4) of subdivision (a) of Section 1502.
SEC. 3.Section 1558 of the Health and Safety Code is amended to read:1558.(a)The department may prohibit any person from being a member of the board of directors, an executive director, or an officer of a licensee, or a licensee from employing, or continuing the employment of, or allowing in a licensed facility or certified family home, or allowing contact with clients of a licensed facility or certified family home by, any employee, prospective employee, or person who is not a client who has:
(1)Violated, or aided or permitted the violation by any other person of, any provisions of this chapter or of any rules or regulations promulgated under this chapter.
(2)Engaged in conduct that is inimical to the health, morals, welfare, or safety of either the people of this state or an individual in or receiving services from the facility or certified family home.
(3)Been denied an exemption to work or to be present in a facility or certified family home, when that person has been convicted of a crime as defined in Section 1522.
(4)Engaged in any other conduct that would constitute a basis for disciplining a licensee or certified family home.
(5)Engaged in acts of financial malfeasance concerning the operation of a facility or certified family home, including, but not limited to, improper use or embezzlement of client moneys and property or fraudulent appropriation for personal gain of facility moneys and property, or willful or negligent failure to provide services.
(b)The excluded person, the facility or certified family home, and the licensee shall be given written notice of the basis of the departments action and of the excluded persons right to an appeal. The notice shall be served either by personal service or by registered mail. Within 15 days after the department serves the notice, the excluded person may file with the department a written appeal of the exclusion order. If the excluded person fails to file a written appeal within the prescribed time, the departments action shall be final.
(c)(1)The department may require the immediate removal of a member of the board of directors, an executive director, or an officer of a licensee or exclusion of an employee, prospective employee, or person who is not a client from a facility or certified family home pending a final decision of the matter, when, in the opinion of the director, the action is necessary to protect residents or clients from physical or mental abuse, abandonment, or any other substantial threat to their health or safety.
(2)If the department requires the immediate removal of a member of the board of directors, an executive director, or an officer of a licensee or exclusion of an employee, prospective employee, or person who is not a client from a facility or certified family home, the department shall serve an order of immediate exclusion upon the excluded person that shall notify the excluded person of the basis of the departments action and of the excluded persons right to a hearing.
(3)Within 15 days after the department serves an order of immediate exclusion, the excluded person may file a written appeal of the exclusion with the department. The departments action shall be final if the excluded person does not appeal the exclusion within the prescribed time. The department shall do the following upon receipt of a written appeal:
(A)Within 30 days of receipt of the appeal, serve an accusation upon the excluded person.
(B)Within 60 days of receipt of a notice of defense pursuant to Section 11506 of the Government Code by the excluded person to conduct a hearing on the accusation.
(4)An order of immediate exclusion of the excluded person from the facility or certified family home shall remain in effect until the hearing is completed and the director has made a final determination on the merits. However, the order of immediate exclusion shall be deemed vacated if the director fails to make a final determination on the merits within 60 days after the original hearing has been completed.
(d)An excluded person who files a written appeal with the department pursuant to this section shall, as part of the written request, provide his or her current mailing address. The excluded person shall subsequently notify the department in writing of any change in mailing address, until the hearing process has been completed or terminated.
(e)Hearings held pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Division 3 of Title 2 of the Government Code. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department.
(f)The department may institute or continue a disciplinary proceeding against a member of the board of directors, an executive director, or an officer of a licensee or an employee, prospective employee, or person who is not a client upon any ground provided by this section. The department may enter an order prohibiting any person from being a member of the board of directors, an executive director, or an officer of a licensee or prohibiting the excluded persons employment or presence in the facility or certified family home, or otherwise take disciplinary action against the excluded person, notwithstanding any resignation, withdrawal of employment application, or change of duties by the excluded person, or any discharge, failure to hire, or reassignment of the excluded person by the licensee or that the excluded person no longer has contact with clients at the facility or certified family home.
(g)A licensees or certified family homes failure to comply with the departments exclusion order after being notified of the order shall be grounds for disciplining the licensee pursuant to Section 1550.
(h)(1)(A)In cases where the excluded person appealed the exclusion order, the person shall be prohibited from working in any facility or being licensed to operate any facility licensed by the department or from being a certified foster parent for the remainder of the excluded persons life, unless otherwise ordered by the department.
(B)The excluded individual may petition for reinstatement one year after the effective date of the decision and order of the department upholding the exclusion order pursuant to Section 11522 of the Government Code. The department shall provide the excluded person with a copy of Section 11522 of the Government Code with the decision and order.
(2)(A)In cases where the department informed the excluded person of his or her right to appeal the exclusion order and the excluded person did not appeal the exclusion order, the person shall be prohibited from working in any facility or being licensed to operate any facility licensed by the department or a certified foster parent for the remainder of the excluded persons life, unless otherwise ordered by the department.
(B)The excluded individual may petition for reinstatement after one year has elapsed from the date of the notification of the exclusion order pursuant to Section 11522 of the Government Code. The department shall provide the excluded person with a copy of Section 11522 of the Government Code with the exclusion order.
(i)Notwithstanding paragraph (2) of subdivision (a) or subdivision (c) of Section 1550, the department shall take reasonable action, including, but not limited to, prohibiting a person from being a member of the board of directors, an executive director, or an officer of a licensee of a licensed facility or certified family home, or denying an application for, or suspending or revoking, a license, special permit, certificate of approval, or administrator certificate, issued under this chapter, or denying a transfer of a license pursuant to paragraph (2) of subdivision (c) of Section 1524, upon a finding of a violation of subdivision (i) of Section 11166 of the Penal Code.
SEC. 4.Section 11165.7 of the Penal Code is amended to read:11165.7.(a)As used in this article, mandated reporter is defined as any of the following:
(1)A teacher.
(2)An instructional aide.
(3)A teachers aide or teachers assistant employed by a public or private school.
(4)A classified employee of a public school.
(5)An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of a public or private school.
(6)An administrator of a public or private day camp.
(7)An administrator or employee of a public or private youth center, youth recreation program, or youth organization.
(8)An administrator, board member, or employee of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency.
(9)An employee of a county office of education or the State Department of Education whose duties bring the employee into contact with children on a regular basis.
(10)A licensee, an administrator, or an employee of a licensed community care or child day care facility.
(11)A Head Start program teacher.
(12)A licensing worker or licensing evaluator employed by a licensing agency, as defined in Section 11165.11.
(13)A public assistance worker.
(14)An employee of a child care institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities.
(15)A social worker, probation officer, or parole officer.
(16)An employee of a school district police or security department.
(17)A person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in a public or private school.
(18)A district attorney investigator, inspector, or local child support agency caseworker, unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor.
(19)A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is not otherwise described in this section.
(20)A firefighter, except for volunteer firefighters.
(21)A physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage and family therapist, clinical social worker, professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code.
(22)An emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(23)A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code.
(24)A marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code.
(25)An unlicensed marriage and family therapist intern registered under Section 4980.44 of the Business and Professions Code.
(26)A state or county public health employee who treats a minor for venereal disease or any other condition.
(27)A coroner.
(28)A medical examiner or other person who performs autopsies.
(29)A commercial film and photographic print or image processor as specified in subdivision (e) of Section 11166. As used in this article, commercial film and photographic print or image processor means a person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, or who prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image, for compensation. The term includes any employee of that person; it does not include a person who develops film or makes prints or images for a public agency.
(30)A child visitation monitor. As used in this article, child visitation monitor means a person who, for financial compensation, acts as a monitor of a visit between a child and another person when the monitoring of that visit has been ordered by a court of law.
(31)An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings:
(A)Animal control officer means a person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations.
(B)Humane society officer means a person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code.
(32)A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, clergy member means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization.
(33)Any custodian of records of a clergy member, as specified in this section and subdivision (d) of Section 11166.
(34)An employee of any police department, county sheriffs department, county probation department, or county welfare department.
(35)An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 5.655 of the California Rules of Court.
(36)A custodial officer, as defined in Section 831.5.
(37)A person providing services to a minor child under Section 12300 or 12300.1 of the Welfare and Institutions Code.
(38)An alcohol and drug counselor. As used in this article, an alcohol and drug counselor is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. However, alcohol or drug abuse, or both alcohol and drug abuse, is not, in and of itself, a sufficient basis for reporting child abuse or neglect.
(39)A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code.
(40)A clinical counselor intern registered under Section 4999.42 of the Business and Professions Code.
(41)An employee or administrator of a public or private postsecondary educational institution, whose duties bring the administrator or employee into contact with children on a regular basis, or who supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on that institutions premises or at an official activity of, or program conducted by, the institution. Nothing in this paragraph shall be construed as altering the lawyer-client privilege as set forth in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.
(42)An athletic coach, athletic administrator, or athletic director employed by any public or private school that provides any combination of instruction for kindergarten, or grades 1 to 12, inclusive.
(43)(A)A commercial computer technician as specified in subdivision (e) of Section 11166. As used in this article, commercial computer technician means a person who works for a company that is in the business of repairing, installing, or otherwise servicing a computer or computer component, including, but not limited to, a computer part, device, memory storage or recording mechanism, auxiliary storage recording or memory capacity, or any other material relating to the operation and maintenance of a computer or computer network system, for a fee. An employer who provides an electronic communications service or a remote computing service to the public shall be deemed to comply with this article if that employer complies with Section 2258A of Title 18 of the United States Code.
(B)An employer of a commercial computer technician may implement internal procedures for facilitating reporting consistent with this article. These procedures may direct employees who are mandated reporters under this paragraph to report materials described in subdivision (e) of Section 11166 to an employee who is designated by the employer to receive the reports. An employee who is designated to receive reports under this subparagraph shall be a commercial computer technician for purposes of this article. A commercial computer technician who makes a report to the designated employee pursuant to this subparagraph shall be deemed to have complied with the requirements of this article and shall be subject to the protections afforded to mandated reporters, including, but not limited to, those protections afforded by Section 11172.
(44)Any athletic coach, including, but not limited to, an assistant coach or a graduate assistant involved in coaching, at public or private postsecondary educational institutions.
(b)Except as provided in paragraph (35) of subdivision (a), volunteers of public or private organizations whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect to an agency specified in Section 11165.9.
(c)Except as provided in subdivision (d), employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Whether or not employers provide their employees with training in child abuse and neglect identification and reporting, the employers shall provide their employees who are mandated reporters with the statement required pursuant to subdivision (a) of Section 11166.5.
(d)Pursuant to Section 44691 of the Education Code, school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools shall annually train their employees and persons working on their behalf specified in subdivision (a) in the duties of mandated reporters under the child abuse reporting laws. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.
(e)(1)On and after January 1, 2018, pursuant to Section 1596.8662 of the Health and Safety Code, a child care licensee applicant shall take training in the duties of mandated reporters under the child abuse reporting laws as a condition of licensure, and a child care administrator or an employee of a licensed child day care facility shall take training in the duties of mandated reporters during the first 90 days when he or she is employed by the facility.
(2)A person specified in paragraph (1) who becomes a licensee, administrator, or employee of a licensed child day care facility shall take renewal mandated reporter training every two years following the date on which he or she completed the initial mandated reporter training. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.
(f)Unless otherwise specifically provided, the absence of training shall not excuse a mandated reporter from the duties imposed by this article.
(g)Public and private organizations are encouraged to provide their volunteers whose duties require direct contact with and supervision of children with training in the identification and reporting of child abuse and neglect.
SEC. 4.5.Section 11165.7 of the Penal Code is amended to read:11165.7.(a)As used in this article, mandated reporter is defined as any of the following:
(1)A teacher.
(2)An instructional aide.
(3)A teachers aide or teachers assistant employed by a public or private school.
(4)A classified employee of a public school.
(5)An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of a public or private school.
(6)An administrator of a public or private day camp.
(7)An administrator or employee of a public or private youth center, youth recreation program, or youth organization.
(8)An administrator, board member, or employee of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency.
(9)An employee of a county office of education or the State Department of Education whose duties bring the employee into contact with children on a regular basis.
(10)A licensee, an administrator, or an employee of a licensed community care or child day care facility.
(11)A Head Start program teacher.
(12)A licensing worker or licensing evaluator employed by a licensing agency, as defined in Section 11165.11.
(13)A public assistance worker.
(14)An employee of a child care institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities.
(15)A social worker, probation officer, or parole officer.
(16)An employee of a school district police or security department.
(17)A person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in a public or private school.
(18)A district attorney investigator, inspector, or local child support agency caseworker, unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor.
(19)A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is not otherwise described in this section.
(20)A firefighter, except for volunteer firefighters.
(21)A physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage and family therapist, clinical social worker, professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code.
(22)An emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(23)A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code.
(24)A marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code.
(25)An unlicensed marriage and family therapist intern registered under Section 4980.44 of the Business and Professions Code.
(26)A state or county public health employee who treats a minor for venereal disease or any other condition.
(27)A coroner.
(28)A medical examiner or other person who performs autopsies.
(29)A commercial film and photographic print or image processor as specified in subdivision (e) of Section 11166. As used in this article, commercial film and photographic print or image processor means a person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, or who prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image, for compensation. The term includes any employee of that person; it does not include a person who develops film or makes prints or images for a public agency.
(30)A child visitation monitor. As used in this article, child visitation monitor means a person who, for financial compensation, acts as a monitor of a visit between a child and another person when the monitoring of that visit has been ordered by a court of law.
(31)An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings:
(A)Animal control officer means a person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations.
(B)Humane society officer means a person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code.
(32)A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, clergy member means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization.
(33)Any custodian of records of a clergy member, as specified in this section and subdivision (d) of Section 11166.
(34)An employee of any police department, county sheriffs department, county probation department, or county welfare department.
(35)An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 5.655 of the California Rules of Court.
(36)A custodial officer, as defined in Section 831.5.
(37)A person providing services to a minor child under Section 12300 or 12300.1 of the Welfare and Institutions Code.
(38)An alcohol and drug counselor. As used in this article, an alcohol and drug counselor is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. However, alcohol or drug abuse, or both alcohol and drug abuse, is not, in and of itself, a sufficient basis for reporting child abuse or neglect.
(39)A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code.
(40)A clinical counselor intern registered under Section 4999.42 of the Business and Professions Code.
(41)An employee or administrator of a public or private postsecondary educational institution, whose duties bring the administrator or employee into contact with children on a regular basis, or who supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on that institutions premises or at an official activity of, or program conducted by, the institution. Nothing in this paragraph shall be construed as altering the lawyer-client privilege as set forth in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.
(42)An athletic coach, athletic administrator, or athletic director employed by any public or private school that provides any combination of instruction for kindergarten, or grades 1 to 12, inclusive.
(43)(A)A commercial computer technician as specified in subdivision (e) of Section 11166. As used in this article, commercial computer technician means a person who works for a company that is in the business of repairing, installing, or otherwise servicing a computer or computer component, including, but not limited to, a computer part, device, memory storage or recording mechanism, auxiliary storage recording or memory capacity, or any other material relating to the operation and maintenance of a computer or computer network system, for a fee. An employer who provides an electronic communications service or a remote computing service to the public shall be deemed to comply with this article if that employer complies with Section 2258A of Title 18 of the United States Code.
(B)An employer of a commercial computer technician may implement internal procedures for facilitating reporting consistent with this article. These procedures may direct employees who are mandated reporters under this paragraph to report materials described in subdivision (e) of Section 11166 to an employee who is designated by the employer to receive the reports. An employee who is designated to receive reports under this subparagraph shall be a commercial computer technician for purposes of this article. A commercial computer technician who makes a report to the designated employee pursuant to this subparagraph shall be deemed to have complied with the requirements of this article and shall be subject to the protections afforded to mandated reporters, including, but not limited to, those protections afforded by Section 11172.
(44)Any athletic coach, including, but not limited to, an assistant coach or a graduate assistant involved in coaching, at public or private postsecondary educational institutions.
(45)An individual certified by a licensed foster family agency as a certified family home, as defined in Section 1506 of the Health and Safety Code.
(46)An individual approved as a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code.
(b)Except as provided in paragraph (35) of subdivision (a), volunteers of public or private organizations whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect to an agency specified in Section 11165.9.
(c)Except as provided in subdivision (d), employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Whether or not employers provide their employees with training in child abuse and neglect identification and reporting, the employers shall provide their employees who are mandated reporters with the statement required pursuant to subdivision (a) of Section 11166.5.
(d)Pursuant to Section 44691 of the Education Code, school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools shall annually train their employees and persons working on their behalf specified in subdivision (a) in the duties of mandated reporters under the child abuse reporting laws. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.
(e)(1)On and after January 1, 2018, pursuant to Section 1596.8662 of the Health and Safety Code, a child care licensee applicant shall take training in the duties of mandated reporters under the child abuse reporting laws as a condition of licensure, and a child care administrator or an employee of a licensed child day care facility shall take training in the duties of mandated reporters during the first 90 days when he or she is employed by the facility.
(2)A person specified in paragraph (1) who becomes a licensee, administrator, or employee of a licensed child day care facility shall take renewal mandated reporter training every two years following the date on which he or she completed the initial mandated reporter training. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.
(f)Unless otherwise specifically provided, the absence of training shall not excuse a mandated reporter from the duties imposed by this article.
(g)Public and private organizations are encouraged to provide their volunteers whose duties require direct contact with and supervision of children with training in the identification and reporting of child abuse and neglect.
SEC. 5.Section 11166 of the Penal Code is amended to read:11166.(a)Except as provided in subdivision (d), and in Section 11166.05, a mandated reporter shall make a report to an agency specified in Section 11165.9 whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. The mandated reporter shall make an initial report by telephone to the agency immediately or as soon as is practicably possible, and shall prepare and send, fax, or electronically transmit a written followup report within 36 hours of receiving the information concerning the incident. The mandated reporter may include with the report any nonprivileged documentary evidence the mandated reporter possesses relating to the incident.
(1)For purposes of this article, reasonable suspicion means that it is objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a reasonable person in a like position, drawing, when appropriate, on his or her training and experience, to suspect child abuse or neglect. Reasonable suspicion does not require certainty that child abuse or neglect has occurred nor does it require a specific medical indication of child abuse or neglect; any reasonable suspicion is sufficient. For purposes of this article, the pregnancy of a minor does not, in and of itself, constitute a basis for a reasonable suspicion of sexual abuse.
(2)The agency shall be notified and a report shall be prepared and sent, faxed, or electronically transmitted even if the child has expired, regardless of whether or not the possible abuse was a factor contributing to the death, and even if suspected child abuse was discovered during an autopsy.
(3)A report made by a mandated reporter pursuant to this section shall be known as a mandated report.
(b)If, after reasonable efforts, a mandated reporter is unable to submit an initial report by telephone, he or she shall immediately or as soon as is practicably possible, by fax or electronic transmission, make a one-time automated written report on the form prescribed by the Department of Justice, and shall also be available to respond to a telephone followup call by the agency with which he or she filed the report. A mandated reporter who files a one-time automated written report because he or she was unable to submit an initial report by telephone is not required to submit a written followup report.
(1)The one-time automated written report form prescribed by the Department of Justice shall be clearly identifiable so that it is not mistaken for a standard written followup report. In addition, the automated one-time report shall contain a section that allows the mandated reporter to state the reason the initial telephone call was not able to be completed. The reason for the submission of the one-time automated written report in lieu of the procedure prescribed in subdivision (a) shall be captured in the Child Welfare Services/Case Management System (CWS/CMS). The department shall work with stakeholders to modify reporting forms and the CWS/CMS as is necessary to accommodate the changes enacted by these provisions.
(2)This subdivision shall not become operative until the CWS/CMS is updated to capture the information prescribed in this subdivision.
(3)This subdivision shall become inoperative three years after this subdivision becomes operative or on January 1, 2009, whichever occurs first.
(4)On the inoperative date of these provisions, a report shall be submitted to the counties and the Legislature by the State Department of Social Services that reflects the data collected from automated one-time reports indicating the reasons stated as to why the automated one-time report was filed in lieu of the initial telephone report.
(5)Nothing in this section shall supersede the requirement that a mandated reporter first attempt to make a report via telephone, or that agencies specified in Section 11165.9 accept reports from mandated reporters and other persons as required.
(c)A mandated reporter who fails to report an incident of known or reasonably suspected child abuse or neglect as required by this section is guilty of a misdemeanor punishable by up to six months confinement in a county jail or by a fine of one thousand dollars ($1,000) or by both that imprisonment and fine. If a mandated reporter intentionally conceals his or her failure to report an incident known by the mandated reporter to be abuse or severe neglect under this section, the failure to report is a continuing offense until an agency specified in Section 11165.9 discovers the offense.
(d)(1)A clergy member who acquires knowledge or a reasonable suspicion of child abuse or neglect during a penitential communication is not subject to subdivision (a). For the purposes of this subdivision, penitential communication means a communication, intended to be in confidence, including, but not limited to, a sacramental confession, made to a clergy member who, in the course of the discipline or practice of his or her church, denomination, or organization, is authorized or accustomed to hear those communications, and under the discipline, tenets, customs, or practices of his or her church, denomination, or organization, has a duty to keep those communications secret.
(2)Nothing in this subdivision shall be construed to modify or limit a clergy members duty to report known or suspected child abuse or neglect when the clergy member is acting in some other capacity that would otherwise make the clergy member a mandated reporter.
(3)(A)On or before January 1, 2004, a clergy member or any custodian of records for the clergy member may report to an agency specified in Section 11165.9 that the clergy member or any custodian of records for the clergy member, prior to January 1, 1997, in his or her professional capacity or within the scope of his or her employment, other than during a penitential communication, acquired knowledge or had a reasonable suspicion that a child had been the victim of sexual abuse and that the clergy member or any custodian of records for the clergy member did not previously report the abuse to an agency specified in Section 11165.9. The provisions of Section 11172 shall apply to all reports made pursuant to this paragraph.
(B)This paragraph shall apply even if the victim of the known or suspected abuse has reached the age of majority by the time the required report is made.
(C)The local law enforcement agency shall have jurisdiction to investigate any report of child abuse made pursuant to this paragraph even if the report is made after the victim has reached the age of majority.
(e)(1)A commercial film, photographic print, or image processor who has knowledge of or observes, within the scope of his or her professional capacity or employment, any film, photograph, videotape, negative, slide, or any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image depicting a child under 16 years of age engaged in an act of sexual conduct, shall, immediately or as soon as practicably possible, telephonically report the instance of suspected abuse to the law enforcement agency located in the county in which the images are seen. Within 36 hours of receiving the information concerning the incident, the reporter shall prepare and send, fax, or electronically transmit a written followup report of the incident with a copy of the image or material attached.
(2)A commercial computer technician who has knowledge of or observes, within the scope of his or her professional capacity or employment, any representation of information, data, or an image, including, but not limited to, any computer hardware, computer software, computer file, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image that is retrievable in perceivable form and that is intentionally saved, transmitted, or organized on an electronic medium, depicting a child under 16 years of age engaged in an act of sexual conduct, shall immediately, or as soon as practicably possible, telephonically report the instance of suspected abuse to the law enforcement agency located in the county in which the images or materials are seen. As soon as practicably possible after receiving the information concerning the incident, the reporter shall prepare and send, fax, or electronically transmit a written followup report of the incident with a brief description of the images or materials.
(3)For purposes of this article, commercial computer technician includes an employee designated by an employer to receive reports pursuant to an established reporting process authorized by subparagraph (B) of paragraph (43) of subdivision (a) of Section 11165.7.
(4)As used in this subdivision, electronic medium includes, but is not limited to, a recording, CD-ROM, magnetic disk memory, magnetic tape memory, CD, DVD, thumbdrive, or any other computer hardware or media.
(5)As used in this subdivision, sexual conduct means any of the following:
(A)Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals.
(B)Penetration of the vagina or rectum by any object.
(C)Masturbation for the purpose of sexual stimulation of the viewer.
(D)Sadomasochistic abuse for the purpose of sexual stimulation of the viewer.
(E)Exhibition of the genitals, pubic, or rectal areas of a person for the purpose of sexual stimulation of the viewer.
(f)Any mandated reporter who knows or reasonably suspects that the home or institution in which a child resides is unsuitable for the child because of abuse or neglect of the child shall bring the condition to the attention of the agency to which, and at the same time as, he or she makes a report of the abuse or neglect pursuant to subdivision (a).
(g)Any other person who has knowledge of or observes a child whom he or she knows or reasonably suspects has been a victim of child abuse or neglect may report the known or suspected instance of child abuse or neglect to an agency specified in Section 11165.9. For purposes of this section, any other person includes a mandated reporter who acts in his or her private capacity and not in his or her professional capacity or within the scope of his or her employment.
(h)When two or more persons, who are required to report, jointly have knowledge of a known or suspected instance of child abuse or neglect, and when there is agreement among them, the telephone report may be made by a member of the team selected by mutual agreement and a single report may be made and signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report.
(i)(1)The reporting duties under this section are individual, and no supervisor or administrator may impede or inhibit the reporting duties, and no person making a report shall be subject to any sanction for making the report. However, internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established provided that they are not inconsistent with this article. An internal policy shall not direct an employee to allow his or her supervisor to file or process a mandated report under any circumstances.
(2)The internal procedures shall not require any employee required to make reports pursuant to this article to disclose his or her identity to the employer.
(3)Reporting the information regarding a case of possible child abuse or neglect to an employer, supervisor, school principal, school counselor, coworker, or other person shall not be a substitute for making a mandated report to an agency specified in Section 11165.9.
(j)(1)A county probation or welfare department shall immediately, or as soon as practicably possible, report by telephone, fax, or electronic transmission to the law enforcement agency having jurisdiction over the case, to the agency given the responsibility for investigation of cases under Section 300 of the Welfare and Institutions Code, and to the district attorneys office every known or suspected instance of child abuse or neglect, as defined in Section 11165.6, except acts or omissions coming within subdivision (b) of Section 11165.2, or reports made pursuant to Section 11165.13 based on risk to a child that relates solely to the inability of the parent to provide the child with regular care due to the parents substance abuse, which shall be reported only to the county welfare or probation department. A county probation or welfare department also shall send, fax, or electronically transmit a written report thereof within 36 hours of receiving the information concerning the incident to any agency to which it makes a telephone report under this subdivision.
(2)A county probation or welfare department shall immediately, and in no case in more than 24 hours, report to the law enforcement agency having jurisdiction over the case after receiving information that a child or youth who is receiving child welfare services has been identified as the victim of commercial sexual exploitation, as defined in subdivision (d) of Section 11165.1.
(3)When a child or youth who is receiving child welfare services and who is reasonably believed to be the victim of, or is at risk of being the victim of, commercial sexual exploitation, as defined in Section 11165.1, is missing or has been abducted, the county probation or welfare department shall immediately, or in no case later than 24 hours from receipt of the information, report the incident to the appropriate law enforcement authority for entry into the National Crime Information Center database of the Federal Bureau of Investigation and to the National Center for Missing and Exploited Children.
(k)A law enforcement agency shall immediately, or as soon as practicably possible, report by telephone, fax, or electronic transmission to the agency given responsibility for investigation of cases under Section 300 of the Welfare and Institutions Code and to the district attorneys office every known or suspected instance of child abuse or neglect reported to it, except acts or omissions coming within subdivision (b) of Section 11165.2, which shall be reported only to the county welfare or probation department. A law enforcement agency shall report to the county welfare or probation department every known or suspected instance of child abuse or neglect reported to it which is alleged to have occurred as a result of the action of a person responsible for the childs welfare, or as the result of the failure of a person responsible for the childs welfare to adequately protect the minor from abuse when the person responsible for the childs welfare knew or reasonably should have known that the minor was in danger of abuse. A law enforcement agency also shall send, fax, or electronically transmit a written report thereof within 36 hours of receiving the information concerning the incident to any agency to which it makes a telephone report under this subdivision.
SEC. 6.Section 4.5 of this bill incorporates amendments to Section 11165.7 of the Penal Code proposed by both this bill and Assembly Bill 1997. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 11165.7 of the Penal Code, and (3) this bill is enacted after Assembly Bill 1997, in which case Section 4 of this bill shall not become operative.
SEC. 7.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)The department shall, no later than July 1, 2017, develop a notice that does all of the following:
(1)Contains the telephone number to make a complaint regarding a community care facility or child care facility.
(2)Includes information about the prohibition of impeding mandated reports.
(3)Includes information about the option to make a confidential complaint.
(b)The notice developed pursuant to subdivision (a) shall be posted conspicuously in a prominent area in all foster family agencies.
SEC. 2.Section 1556.5 is added to the Health and Safety Code, to read:1556.5.(a)If the department, as a condition of licensure, requires the chief executive officer or other authorized member of the board of directors and the administrator of a foster family agency to attend an orientation given by the licensing agency that outlines the applicable rules and regulations for operation of a foster family agency, that orientation shall include, but not be limited to, a description of policies, procedures, or practices that violate paragraph (1) or (2) of subdivision (i) of Section 11166 of the Penal Code.
(b)If the department requires, as part of an application for licensure for a foster family agency, a written plan of operation, that plan of operation shall include a written plan establishing policies, procedures, or practices to ensure that the foster family agency does not violate paragraph (1) or (2) of subdivision (i) of Section 11166 of the Penal Code.
(c)For purposes of this section, a foster family agency is defined in paragraph (4) of subdivision (a) of Section 1502.
SEC. 3.Section 1558 of the Health and Safety Code is amended to read:1558.(a)The department may prohibit any person from being a member of the board of directors, an executive director, or an officer of a licensee, or a licensee from employing, or continuing the employment of, or allowing in a licensed facility or certified family home, or allowing contact with clients of a licensed facility or certified family home by, any employee, prospective employee, or person who is not a client who has:
(1)Violated, or aided or permitted the violation by any other person of, any provisions of this chapter or of any rules or regulations promulgated under this chapter.
(2)Engaged in conduct that is inimical to the health, morals, welfare, or safety of either the people of this state or an individual in or receiving services from the facility or certified family home.
(3)Been denied an exemption to work or to be present in a facility or certified family home, when that person has been convicted of a crime as defined in Section 1522.
(4)Engaged in any other conduct that would constitute a basis for disciplining a licensee or certified family home.
(5)Engaged in acts of financial malfeasance concerning the operation of a facility or certified family home, including, but not limited to, improper use or embezzlement of client moneys and property or fraudulent appropriation for personal gain of facility moneys and property, or willful or negligent failure to provide services.
(b)The excluded person, the facility or certified family home, and the licensee shall be given written notice of the basis of the departments action and of the excluded persons right to an appeal. The notice shall be served either by personal service or by registered mail. Within 15 days after the department serves the notice, the excluded person may file with the department a written appeal of the exclusion order. If the excluded person fails to file a written appeal within the prescribed time, the departments action shall be final.
(c)(1)The department may require the immediate removal of a member of the board of directors, an executive director, or an officer of a licensee or exclusion of an employee, prospective employee, or person who is not a client from a facility or certified family home pending a final decision of the matter, when, in the opinion of the director, the action is necessary to protect residents or clients from physical or mental abuse, abandonment, or any other substantial threat to their health or safety.
(2)If the department requires the immediate removal of a member of the board of directors, an executive director, or an officer of a licensee or exclusion of an employee, prospective employee, or person who is not a client from a facility or certified family home, the department shall serve an order of immediate exclusion upon the excluded person that shall notify the excluded person of the basis of the departments action and of the excluded persons right to a hearing.
(3)Within 15 days after the department serves an order of immediate exclusion, the excluded person may file a written appeal of the exclusion with the department. The departments action shall be final if the excluded person does not appeal the exclusion within the prescribed time. The department shall do the following upon receipt of a written appeal:
(A)Within 30 days of receipt of the appeal, serve an accusation upon the excluded person.
(B)Within 60 days of receipt of a notice of defense pursuant to Section 11506 of the Government Code by the excluded person to conduct a hearing on the accusation.
(4)An order of immediate exclusion of the excluded person from the facility or certified family home shall remain in effect until the hearing is completed and the director has made a final determination on the merits. However, the order of immediate exclusion shall be deemed vacated if the director fails to make a final determination on the merits within 60 days after the original hearing has been completed.
(d)An excluded person who files a written appeal with the department pursuant to this section shall, as part of the written request, provide his or her current mailing address. The excluded person shall subsequently notify the department in writing of any change in mailing address, until the hearing process has been completed or terminated.
(e)Hearings held pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Division 3 of Title 2 of the Government Code. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department.
(f)The department may institute or continue a disciplinary proceeding against a member of the board of directors, an executive director, or an officer of a licensee or an employee, prospective employee, or person who is not a client upon any ground provided by this section. The department may enter an order prohibiting any person from being a member of the board of directors, an executive director, or an officer of a licensee or prohibiting the excluded persons employment or presence in the facility or certified family home, or otherwise take disciplinary action against the excluded person, notwithstanding any resignation, withdrawal of employment application, or change of duties by the excluded person, or any discharge, failure to hire, or reassignment of the excluded person by the licensee or that the excluded person no longer has contact with clients at the facility or certified family home.
(g)A licensees or certified family homes failure to comply with the departments exclusion order after being notified of the order shall be grounds for disciplining the licensee pursuant to Section 1550.
(h)(1)(A)In cases where the excluded person appealed the exclusion order, the person shall be prohibited from working in any facility or being licensed to operate any facility licensed by the department or from being a certified foster parent for the remainder of the excluded persons life, unless otherwise ordered by the department.
(B)The excluded individual may petition for reinstatement one year after the effective date of the decision and order of the department upholding the exclusion order pursuant to Section 11522 of the Government Code. The department shall provide the excluded person with a copy of Section 11522 of the Government Code with the decision and order.
(2)(A)In cases where the department informed the excluded person of his or her right to appeal the exclusion order and the excluded person did not appeal the exclusion order, the person shall be prohibited from working in any facility or being licensed to operate any facility licensed by the department or a certified foster parent for the remainder of the excluded persons life, unless otherwise ordered by the department.
(B)The excluded individual may petition for reinstatement after one year has elapsed from the date of the notification of the exclusion order pursuant to Section 11522 of the Government Code. The department shall provide the excluded person with a copy of Section 11522 of the Government Code with the exclusion order.
(i)Notwithstanding paragraph (2) of subdivision (a) or subdivision (c) of Section 1550, the department shall take reasonable action, including, but not limited to, prohibiting a person from being a member of the board of directors, an executive director, or an officer of a licensee of a licensed facility or certified family home, or denying an application for, or suspending or revoking, a license, special permit, certificate of approval, or administrator certificate, issued under this chapter, or denying a transfer of a license pursuant to paragraph (2) of subdivision (c) of Section 1524, upon a finding of a violation of subdivision (i) of Section 11166 of the Penal Code.
SEC. 4.Section 11165.7 of the Penal Code is amended to read:11165.7.(a)As used in this article, mandated reporter is defined as any of the following:
(1)A teacher.
(2)An instructional aide.
(3)A teachers aide or teachers assistant employed by a public or private school.
(4)A classified employee of a public school.
(5)An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of a public or private school.
(6)An administrator of a public or private day camp.
(7)An administrator or employee of a public or private youth center, youth recreation program, or youth organization.
(8)An administrator, board member, or employee of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency.
(9)An employee of a county office of education or the State Department of Education whose duties bring the employee into contact with children on a regular basis.
(10)A licensee, an administrator, or an employee of a licensed community care or child day care facility.
(11)A Head Start program teacher.
(12)A licensing worker or licensing evaluator employed by a licensing agency, as defined in Section 11165.11.
(13)A public assistance worker.
(14)An employee of a child care institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities.
(15)A social worker, probation officer, or parole officer.
(16)An employee of a school district police or security department.
(17)A person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in a public or private school.
(18)A district attorney investigator, inspector, or local child support agency caseworker, unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor.
(19)A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is not otherwise described in this section.
(20)A firefighter, except for volunteer firefighters.
(21)A physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage and family therapist, clinical social worker, professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code.
(22)An emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(23)A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code.
(24)A marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code.
(25)An unlicensed marriage and family therapist intern registered under Section 4980.44 of the Business and Professions Code.
(26)A state or county public health employee who treats a minor for venereal disease or any other condition.
(27)A coroner.
(28)A medical examiner or other person who performs autopsies.
(29)A commercial film and photographic print or image processor as specified in subdivision (e) of Section 11166. As used in this article, commercial film and photographic print or image processor means a person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, or who prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image, for compensation. The term includes any employee of that person; it does not include a person who develops film or makes prints or images for a public agency.
(30)A child visitation monitor. As used in this article, child visitation monitor means a person who, for financial compensation, acts as a monitor of a visit between a child and another person when the monitoring of that visit has been ordered by a court of law.
(31)An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings:
(A)Animal control officer means a person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations.
(B)Humane society officer means a person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code.
(32)A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, clergy member means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization.
(33)Any custodian of records of a clergy member, as specified in this section and subdivision (d) of Section 11166.
(34)An employee of any police department, county sheriffs department, county probation department, or county welfare department.
(35)An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 5.655 of the California Rules of Court.
(36)A custodial officer, as defined in Section 831.5.
(37)A person providing services to a minor child under Section 12300 or 12300.1 of the Welfare and Institutions Code.
(38)An alcohol and drug counselor. As used in this article, an alcohol and drug counselor is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. However, alcohol or drug abuse, or both alcohol and drug abuse, is not, in and of itself, a sufficient basis for reporting child abuse or neglect.
(39)A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code.
(40)A clinical counselor intern registered under Section 4999.42 of the Business and Professions Code.
(41)An employee or administrator of a public or private postsecondary educational institution, whose duties bring the administrator or employee into contact with children on a regular basis, or who supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on that institutions premises or at an official activity of, or program conducted by, the institution. Nothing in this paragraph shall be construed as altering the lawyer-client privilege as set forth in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.
(42)An athletic coach, athletic administrator, or athletic director employed by any public or private school that provides any combination of instruction for kindergarten, or grades 1 to 12, inclusive.
(43)(A)A commercial computer technician as specified in subdivision (e) of Section 11166. As used in this article, commercial computer technician means a person who works for a company that is in the business of repairing, installing, or otherwise servicing a computer or computer component, including, but not limited to, a computer part, device, memory storage or recording mechanism, auxiliary storage recording or memory capacity, or any other material relating to the operation and maintenance of a computer or computer network system, for a fee. An employer who provides an electronic communications service or a remote computing service to the public shall be deemed to comply with this article if that employer complies with Section 2258A of Title 18 of the United States Code.
(B)An employer of a commercial computer technician may implement internal procedures for facilitating reporting consistent with this article. These procedures may direct employees who are mandated reporters under this paragraph to report materials described in subdivision (e) of Section 11166 to an employee who is designated by the employer to receive the reports. An employee who is designated to receive reports under this subparagraph shall be a commercial computer technician for purposes of this article. A commercial computer technician who makes a report to the designated employee pursuant to this subparagraph shall be deemed to have complied with the requirements of this article and shall be subject to the protections afforded to mandated reporters, including, but not limited to, those protections afforded by Section 11172.
(44)Any athletic coach, including, but not limited to, an assistant coach or a graduate assistant involved in coaching, at public or private postsecondary educational institutions.
(b)Except as provided in paragraph (35) of subdivision (a), volunteers of public or private organizations whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect to an agency specified in Section 11165.9.
(c)Except as provided in subdivision (d), employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Whether or not employers provide their employees with training in child abuse and neglect identification and reporting, the employers shall provide their employees who are mandated reporters with the statement required pursuant to subdivision (a) of Section 11166.5.
(d)Pursuant to Section 44691 of the Education Code, school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools shall annually train their employees and persons working on their behalf specified in subdivision (a) in the duties of mandated reporters under the child abuse reporting laws. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.
(e)(1)On and after January 1, 2018, pursuant to Section 1596.8662 of the Health and Safety Code, a child care licensee applicant shall take training in the duties of mandated reporters under the child abuse reporting laws as a condition of licensure, and a child care administrator or an employee of a licensed child day care facility shall take training in the duties of mandated reporters during the first 90 days when he or she is employed by the facility.
(2)A person specified in paragraph (1) who becomes a licensee, administrator, or employee of a licensed child day care facility shall take renewal mandated reporter training every two years following the date on which he or she completed the initial mandated reporter training. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.
(f)Unless otherwise specifically provided, the absence of training shall not excuse a mandated reporter from the duties imposed by this article.
(g)Public and private organizations are encouraged to provide their volunteers whose duties require direct contact with and supervision of children with training in the identification and reporting of child abuse and neglect.
SEC. 4.5.Section 11165.7 of the Penal Code is amended to read:11165.7.(a)As used in this article, mandated reporter is defined as any of the following:
(1)A teacher.
(2)An instructional aide.
(3)A teachers aide or teachers assistant employed by a public or private school.
(4)A classified employee of a public school.
(5)An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of a public or private school.
(6)An administrator of a public or private day camp.
(7)An administrator or employee of a public or private youth center, youth recreation program, or youth organization.
(8)An administrator, board member, or employee of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency.
(9)An employee of a county office of education or the State Department of Education whose duties bring the employee into contact with children on a regular basis.
(10)A licensee, an administrator, or an employee of a licensed community care or child day care facility.
(11)A Head Start program teacher.
(12)A licensing worker or licensing evaluator employed by a licensing agency, as defined in Section 11165.11.
(13)A public assistance worker.
(14)An employee of a child care institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities.
(15)A social worker, probation officer, or parole officer.
(16)An employee of a school district police or security department.
(17)A person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in a public or private school.
(18)A district attorney investigator, inspector, or local child support agency caseworker, unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor.
(19)A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is not otherwise described in this section.
(20)A firefighter, except for volunteer firefighters.
(21)A physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage and family therapist, clinical social worker, professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code.
(22)An emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(23)A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code.
(24)A marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code.
(25)An unlicensed marriage and family therapist intern registered under Section 4980.44 of the Business and Professions Code.
(26)A state or county public health employee who treats a minor for venereal disease or any other condition.
(27)A coroner.
(28)A medical examiner or other person who performs autopsies.
(29)A commercial film and photographic print or image processor as specified in subdivision (e) of Section 11166. As used in this article, commercial film and photographic print or image processor means a person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, or who prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image, for compensation. The term includes any employee of that person; it does not include a person who develops film or makes prints or images for a public agency.
(30)A child visitation monitor. As used in this article, child visitation monitor means a person who, for financial compensation, acts as a monitor of a visit between a child and another person when the monitoring of that visit has been ordered by a court of law.
(31)An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings:
(A)Animal control officer means a person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations.
(B)Humane society officer means a person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code.
(32)A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, clergy member means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization.
(33)Any custodian of records of a clergy member, as specified in this section and subdivision (d) of Section 11166.
(34)An employee of any police department, county sheriffs department, county probation department, or county welfare department.
(35)An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 5.655 of the California Rules of Court.
(36)A custodial officer, as defined in Section 831.5.
(37)A person providing services to a minor child under Section 12300 or 12300.1 of the Welfare and Institutions Code.
(38)An alcohol and drug counselor. As used in this article, an alcohol and drug counselor is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. However, alcohol or drug abuse, or both alcohol and drug abuse, is not, in and of itself, a sufficient basis for reporting child abuse or neglect.
(39)A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code.
(40)A clinical counselor intern registered under Section 4999.42 of the Business and Professions Code.
(41)An employee or administrator of a public or private postsecondary educational institution, whose duties bring the administrator or employee into contact with children on a regular basis, or who supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on that institutions premises or at an official activity of, or program conducted by, the institution. Nothing in this paragraph shall be construed as altering the lawyer-client privilege as set forth in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.
(42)An athletic coach, athletic administrator, or athletic director employed by any public or private school that provides any combination of instruction for kindergarten, or grades 1 to 12, inclusive.
(43)(A)A commercial computer technician as specified in subdivision (e) of Section 11166. As used in this article, commercial computer technician means a person who works for a company that is in the business of repairing, installing, or otherwise servicing a computer or computer component, including, but not limited to, a computer part, device, memory storage or recording mechanism, auxiliary storage recording or memory capacity, or any other material relating to the operation and maintenance of a computer or computer network system, for a fee. An employer who provides an electronic communications service or a remote computing service to the public shall be deemed to comply with this article if that employer complies with Section 2258A of Title 18 of the United States Code.
(B)An employer of a commercial computer technician may implement internal procedures for facilitating reporting consistent with this article. These procedures may direct employees who are mandated reporters under this paragraph to report materials described in subdivision (e) of Section 11166 to an employee who is designated by the employer to receive the reports. An employee who is designated to receive reports under this subparagraph shall be a commercial computer technician for purposes of this article. A commercial computer technician who makes a report to the designated employee pursuant to this subparagraph shall be deemed to have complied with the requirements of this article and shall be subject to the protections afforded to mandated reporters, including, but not limited to, those protections afforded by Section 11172.
(44)Any athletic coach, including, but not limited to, an assistant coach or a graduate assistant involved in coaching, at public or private postsecondary educational institutions.
(45)An individual certified by a licensed foster family agency as a certified family home, as defined in Section 1506 of the Health and Safety Code.
(46)An individual approved as a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code.
(b)Except as provided in paragraph (35) of subdivision (a), volunteers of public or private organizations whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect to an agency specified in Section 11165.9.
(c)Except as provided in subdivision (d), employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Whether or not employers provide their employees with training in child abuse and neglect identification and reporting, the employers shall provide their employees who are mandated reporters with the statement required pursuant to subdivision (a) of Section 11166.5.
(d)Pursuant to Section 44691 of the Education Code, school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools shall annually train their employees and persons working on their behalf specified in subdivision (a) in the duties of mandated reporters under the child abuse reporting laws. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.
(e)(1)On and after January 1, 2018, pursuant to Section 1596.8662 of the Health and Safety Code, a child care licensee applicant shall take training in the duties of mandated reporters under the child abuse reporting laws as a condition of licensure, and a child care administrator or an employee of a licensed child day care facility shall take training in the duties of mandated reporters during the first 90 days when he or she is employed by the facility.
(2)A person specified in paragraph (1) who becomes a licensee, administrator, or employee of a licensed child day care facility shall take renewal mandated reporter training every two years following the date on which he or she completed the initial mandated reporter training. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.
(f)Unless otherwise specifically provided, the absence of training shall not excuse a mandated reporter from the duties imposed by this article.
(g)Public and private organizations are encouraged to provide their volunteers whose duties require direct contact with and supervision of children with training in the identification and reporting of child abuse and neglect.
SEC. 5.Section 11166 of the Penal Code is amended to read:11166.(a)Except as provided in subdivision (d), and in Section 11166.05, a mandated reporter shall make a report to an agency specified in Section 11165.9 whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. The mandated reporter shall make an initial report by telephone to the agency immediately or as soon as is practicably possible, and shall prepare and send, fax, or electronically transmit a written followup report within 36 hours of receiving the information concerning the incident. The mandated reporter may include with the report any nonprivileged documentary evidence the mandated reporter possesses relating to the incident.
(1)For purposes of this article, reasonable suspicion means that it is objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a reasonable person in a like position, drawing, when appropriate, on his or her training and experience, to suspect child abuse or neglect. Reasonable suspicion does not require certainty that child abuse or neglect has occurred nor does it require a specific medical indication of child abuse or neglect; any reasonable suspicion is sufficient. For purposes of this article, the pregnancy of a minor does not, in and of itself, constitute a basis for a reasonable suspicion of sexual abuse.
(2)The agency shall be notified and a report shall be prepared and sent, faxed, or electronically transmitted even if the child has expired, regardless of whether or not the possible abuse was a factor contributing to the death, and even if suspected child abuse was discovered during an autopsy.
(3)A report made by a mandated reporter pursuant to this section shall be known as a mandated report.
(b)If, after reasonable efforts, a mandated reporter is unable to submit an initial report by telephone, he or she shall immediately or as soon as is practicably possible, by fax or electronic transmission, make a one-time automated written report on the form prescribed by the Department of Justice, and shall also be available to respond to a telephone followup call by the agency with which he or she filed the report. A mandated reporter who files a one-time automated written report because he or she was unable to submit an initial report by telephone is not required to submit a written followup report.
(1)The one-time automated written report form prescribed by the Department of Justice shall be clearly identifiable so that it is not mistaken for a standard written followup report. In addition, the automated one-time report shall contain a section that allows the mandated reporter to state the reason the initial telephone call was not able to be completed. The reason for the submission of the one-time automated written report in lieu of the procedure prescribed in subdivision (a) shall be captured in the Child Welfare Services/Case Management System (CWS/CMS). The department shall work with stakeholders to modify reporting forms and the CWS/CMS as is necessary to accommodate the changes enacted by these provisions.
(2)This subdivision shall not become operative until the CWS/CMS is updated to capture the information prescribed in this subdivision.
(3)This subdivision shall become inoperative three years after this subdivision becomes operative or on January 1, 2009, whichever occurs first.
(4)On the inoperative date of these provisions, a report shall be submitted to the counties and the Legislature by the State Department of Social Services that reflects the data collected from automated one-time reports indicating the reasons stated as to why the automated one-time report was filed in lieu of the initial telephone report.
(5)Nothing in this section shall supersede the requirement that a mandated reporter first attempt to make a report via telephone, or that agencies specified in Section 11165.9 accept reports from mandated reporters and other persons as required.
(c)A mandated reporter who fails to report an incident of known or reasonably suspected child abuse or neglect as required by this section is guilty of a misdemeanor punishable by up to six months confinement in a county jail or by a fine of one thousand dollars ($1,000) or by both that imprisonment and fine. If a mandated reporter intentionally conceals his or her failure to report an incident known by the mandated reporter to be abuse or severe neglect under this section, the failure to report is a continuing offense until an agency specified in Section 11165.9 discovers the offense.
(d)(1)A clergy member who acquires knowledge or a reasonable suspicion of child abuse or neglect during a penitential communication is not subject to subdivision (a). For the purposes of this subdivision, penitential communication means a communication, intended to be in confidence, including, but not limited to, a sacramental confession, made to a clergy member who, in the course of the discipline or practice of his or her church, denomination, or organization, is authorized or accustomed to hear those communications, and under the discipline, tenets, customs, or practices of his or her church, denomination, or organization, has a duty to keep those communications secret.
(2)Nothing in this subdivision shall be construed to modify or limit a clergy members duty to report known or suspected child abuse or neglect when the clergy member is acting in some other capacity that would otherwise make the clergy member a mandated reporter.
(3)(A)On or before January 1, 2004, a clergy member or any custodian of records for the clergy member may report to an agency specified in Section 11165.9 that the clergy member or any custodian of records for the clergy member, prior to January 1, 1997, in his or her professional capacity or within the scope of his or her employment, other than during a penitential communication, acquired knowledge or had a reasonable suspicion that a child had been the victim of sexual abuse and that the clergy member or any custodian of records for the clergy member did not previously report the abuse to an agency specified in Section 11165.9. The provisions of Section 11172 shall apply to all reports made pursuant to this paragraph.
(B)This paragraph shall apply even if the victim of the known or suspected abuse has reached the age of majority by the time the required report is made.
(C)The local law enforcement agency shall have jurisdiction to investigate any report of child abuse made pursuant to this paragraph even if the report is made after the victim has reached the age of majority.
(e)(1)A commercial film, photographic print, or image processor who has knowledge of or observes, within the scope of his or her professional capacity or employment, any film, photograph, videotape, negative, slide, or any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image depicting a child under 16 years of age engaged in an act of sexual conduct, shall, immediately or as soon as practicably possible, telephonically report the instance of suspected abuse to the law enforcement agency located in the county in which the images are seen. Within 36 hours of receiving the information concerning the incident, the reporter shall prepare and send, fax, or electronically transmit a written followup report of the incident with a copy of the image or material attached.
(2)A commercial computer technician who has knowledge of or observes, within the scope of his or her professional capacity or employment, any representation of information, data, or an image, including, but not limited to, any computer hardware, computer software, computer file, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image that is retrievable in perceivable form and that is intentionally saved, transmitted, or organized on an electronic medium, depicting a child under 16 years of age engaged in an act of sexual conduct, shall immediately, or as soon as practicably possible, telephonically report the instance of suspected abuse to the law enforcement agency located in the county in which the images or materials are seen. As soon as practicably possible after receiving the information concerning the incident, the reporter shall prepare and send, fax, or electronically transmit a written followup report of the incident with a brief description of the images or materials.
(3)For purposes of this article, commercial computer technician includes an employee designated by an employer to receive reports pursuant to an established reporting process authorized by subparagraph (B) of paragraph (43) of subdivision (a) of Section 11165.7.
(4)As used in this subdivision, electronic medium includes, but is not limited to, a recording, CD-ROM, magnetic disk memory, magnetic tape memory, CD, DVD, thumbdrive, or any other computer hardware or media.
(5)As used in this subdivision, sexual conduct means any of the following:
(A)Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals.
(B)Penetration of the vagina or rectum by any object.
(C)Masturbation for the purpose of sexual stimulation of the viewer.
(D)Sadomasochistic abuse for the purpose of sexual stimulation of the viewer.
(E)Exhibition of the genitals, pubic, or rectal areas of a person for the purpose of sexual stimulation of the viewer.
(f)Any mandated reporter who knows or reasonably suspects that the home or institution in which a child resides is unsuitable for the child because of abuse or neglect of the child shall bring the condition to the attention of the agency to which, and at the same time as, he or she makes a report of the abuse or neglect pursuant to subdivision (a).
(g)Any other person who has knowledge of or observes a child whom he or she knows or reasonably suspects has been a victim of child abuse or neglect may report the known or suspected instance of child abuse or neglect to an agency specified in Section 11165.9. For purposes of this section, any other person includes a mandated reporter who acts in his or her private capacity and not in his or her professional capacity or within the scope of his or her employment.
(h)When two or more persons, who are required to report, jointly have knowledge of a known or suspected instance of child abuse or neglect, and when there is agreement among them, the telephone report may be made by a member of the team selected by mutual agreement and a single report may be made and signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report.
(i)(1)The reporting duties under this section are individual, and no supervisor or administrator may impede or inhibit the reporting duties, and no person making a report shall be subject to any sanction for making the report. However, internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established provided that they are not inconsistent with this article. An internal policy shall not direct an employee to allow his or her supervisor to file or process a mandated report under any circumstances.
(2)The internal procedures shall not require any employee required to make reports pursuant to this article to disclose his or her identity to the employer.
(3)Reporting the information regarding a case of possible child abuse or neglect to an employer, supervisor, school principal, school counselor, coworker, or other person shall not be a substitute for making a mandated report to an agency specified in Section 11165.9.
(j)(1)A county probation or welfare department shall immediately, or as soon as practicably possible, report by telephone, fax, or electronic transmission to the law enforcement agency having jurisdiction over the case, to the agency given the responsibility for investigation of cases under Section 300 of the Welfare and Institutions Code, and to the district attorneys office every known or suspected instance of child abuse or neglect, as defined in Section 11165.6, except acts or omissions coming within subdivision (b) of Section 11165.2, or reports made pursuant to Section 11165.13 based on risk to a child that relates solely to the inability of the parent to provide the child with regular care due to the parents substance abuse, which shall be reported only to the county welfare or probation department. A county probation or welfare department also shall send, fax, or electronically transmit a written report thereof within 36 hours of receiving the information concerning the incident to any agency to which it makes a telephone report under this subdivision.
(2)A county probation or welfare department shall immediately, and in no case in more than 24 hours, report to the law enforcement agency having jurisdiction over the case after receiving information that a child or youth who is receiving child welfare services has been identified as the victim of commercial sexual exploitation, as defined in subdivision (d) of Section 11165.1.
(3)When a child or youth who is receiving child welfare services and who is reasonably believed to be the victim of, or is at risk of being the victim of, commercial sexual exploitation, as defined in Section 11165.1, is missing or has been abducted, the county probation or welfare department shall immediately, or in no case later than 24 hours from receipt of the information, report the incident to the appropriate law enforcement authority for entry into the National Crime Information Center database of the Federal Bureau of Investigation and to the National Center for Missing and Exploited Children.
(k)A law enforcement agency shall immediately, or as soon as practicably possible, report by telephone, fax, or electronic transmission to the agency given responsibility for investigation of cases under Section 300 of the Welfare and Institutions Code and to the district attorneys office every known or suspected instance of child abuse or neglect reported to it, except acts or omissions coming within subdivision (b) of Section 11165.2, which shall be reported only to the county welfare or probation department. A law enforcement agency shall report to the county welfare or probation department every known or suspected instance of child abuse or neglect reported to it which is alleged to have occurred as a result of the action of a person responsible for the childs welfare, or as the result of the failure of a person responsible for the childs welfare to adequately protect the minor from abuse when the person responsible for the childs welfare knew or reasonably should have known that the minor was in danger of abuse. A law enforcement agency also shall send, fax, or electronically transmit a written report thereof within 36 hours of receiving the information concerning the incident to any agency to which it makes a telephone report under this subdivision.
SEC. 6.Section 4.5 of this bill incorporates amendments to Section 11165.7 of the Penal Code proposed by both this bill and Assembly Bill 1997. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 11165.7 of the Penal Code, and (3) this bill is enacted after Assembly Bill 1997, in which case Section 4 of this bill shall not become operative.
SEC. 7.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)The department shall, no later than July 1, 2017, develop a notice that does all of the following:
(1)Contains the telephone number to make a complaint regarding a community care facility or child care facility.
(2)Includes information about the prohibition of impeding mandated reports.
(3)Includes information about the option to make a confidential complaint.
(b)The notice developed pursuant to subdivision (a) shall be posted conspicuously in a prominent area in all foster family agencies.
SEC. 2.Section 1556.5 is added to the Health and Safety Code, to read:1556.5.(a)If the department, as a condition of licensure, requires the chief executive officer or other authorized member of the board of directors and the administrator of a foster family agency to attend an orientation given by the licensing agency that outlines the applicable rules and regulations for operation of a foster family agency, that orientation shall include, but not be limited to, a description of policies, procedures, or practices that violate paragraph (1) or (2) of subdivision (i) of Section 11166 of the Penal Code.
(b)If the department requires, as part of an application for licensure for a foster family agency, a written plan of operation, that plan of operation shall include a written plan establishing policies, procedures, or practices to ensure that the foster family agency does not violate paragraph (1) or (2) of subdivision (i) of Section 11166 of the Penal Code.
(c)For purposes of this section, a foster family agency is defined in paragraph (4) of subdivision (a) of Section 1502.
SEC. 3.Section 1558 of the Health and Safety Code is amended to read:1558.(a)The department may prohibit any person from being a member of the board of directors, an executive director, or an officer of a licensee, or a licensee from employing, or continuing the employment of, or allowing in a licensed facility or certified family home, or allowing contact with clients of a licensed facility or certified family home by, any employee, prospective employee, or person who is not a client who has:
(1)Violated, or aided or permitted the violation by any other person of, any provisions of this chapter or of any rules or regulations promulgated under this chapter.
(2)Engaged in conduct that is inimical to the health, morals, welfare, or safety of either the people of this state or an individual in or receiving services from the facility or certified family home.
(3)Been denied an exemption to work or to be present in a facility or certified family home, when that person has been convicted of a crime as defined in Section 1522.
(4)Engaged in any other conduct that would constitute a basis for disciplining a licensee or certified family home.
(5)Engaged in acts of financial malfeasance concerning the operation of a facility or certified family home, including, but not limited to, improper use or embezzlement of client moneys and property or fraudulent appropriation for personal gain of facility moneys and property, or willful or negligent failure to provide services.
(b)The excluded person, the facility or certified family home, and the licensee shall be given written notice of the basis of the departments action and of the excluded persons right to an appeal. The notice shall be served either by personal service or by registered mail. Within 15 days after the department serves the notice, the excluded person may file with the department a written appeal of the exclusion order. If the excluded person fails to file a written appeal within the prescribed time, the departments action shall be final.
(c)(1)The department may require the immediate removal of a member of the board of directors, an executive director, or an officer of a licensee or exclusion of an employee, prospective employee, or person who is not a client from a facility or certified family home pending a final decision of the matter, when, in the opinion of the director, the action is necessary to protect residents or clients from physical or mental abuse, abandonment, or any other substantial threat to their health or safety.
(2)If the department requires the immediate removal of a member of the board of directors, an executive director, or an officer of a licensee or exclusion of an employee, prospective employee, or person who is not a client from a facility or certified family home, the department shall serve an order of immediate exclusion upon the excluded person that shall notify the excluded person of the basis of the departments action and of the excluded persons right to a hearing.
(3)Within 15 days after the department serves an order of immediate exclusion, the excluded person may file a written appeal of the exclusion with the department. The departments action shall be final if the excluded person does not appeal the exclusion within the prescribed time. The department shall do the following upon receipt of a written appeal:
(A)Within 30 days of receipt of the appeal, serve an accusation upon the excluded person.
(B)Within 60 days of receipt of a notice of defense pursuant to Section 11506 of the Government Code by the excluded person to conduct a hearing on the accusation.
(4)An order of immediate exclusion of the excluded person from the facility or certified family home shall remain in effect until the hearing is completed and the director has made a final determination on the merits. However, the order of immediate exclusion shall be deemed vacated if the director fails to make a final determination on the merits within 60 days after the original hearing has been completed.
(d)An excluded person who files a written appeal with the department pursuant to this section shall, as part of the written request, provide his or her current mailing address. The excluded person shall subsequently notify the department in writing of any change in mailing address, until the hearing process has been completed or terminated.
(e)Hearings held pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Division 3 of Title 2 of the Government Code. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department.
(f)The department may institute or continue a disciplinary proceeding against a member of the board of directors, an executive director, or an officer of a licensee or an employee, prospective employee, or person who is not a client upon any ground provided by this section. The department may enter an order prohibiting any person from being a member of the board of directors, an executive director, or an officer of a licensee or prohibiting the excluded persons employment or presence in the facility or certified family home, or otherwise take disciplinary action against the excluded person, notwithstanding any resignation, withdrawal of employment application, or change of duties by the excluded person, or any discharge, failure to hire, or reassignment of the excluded person by the licensee or that the excluded person no longer has contact with clients at the facility or certified family home.
(g)A licensees or certified family homes failure to comply with the departments exclusion order after being notified of the order shall be grounds for disciplining the licensee pursuant to Section 1550.
(h)(1)(A)In cases where the excluded person appealed the exclusion order, the person shall be prohibited from working in any facility or being licensed to operate any facility licensed by the department or from being a certified foster parent for the remainder of the excluded persons life, unless otherwise ordered by the department.
(B)The excluded individual may petition for reinstatement one year after the effective date of the decision and order of the department upholding the exclusion order pursuant to Section 11522 of the Government Code. The department shall provide the excluded person with a copy of Section 11522 of the Government Code with the decision and order.
(2)(A)In cases where the department informed the excluded person of his or her right to appeal the exclusion order and the excluded person did not appeal the exclusion order, the person shall be prohibited from working in any facility or being licensed to operate any facility licensed by the department or a certified foster parent for the remainder of the excluded persons life, unless otherwise ordered by the department.
(B)The excluded individual may petition for reinstatement after one year has elapsed from the date of the notification of the exclusion order pursuant to Section 11522 of the Government Code. The department shall provide the excluded person with a copy of Section 11522 of the Government Code with the exclusion order.
(i)Notwithstanding paragraph (2) of subdivision (a) or subdivision (c) of Section 1550, the department shall take reasonable action, including, but not limited to, prohibiting a person from being a member of the board of directors, an executive director, or an officer of a licensee of a licensed facility or certified family home, or denying an application for, or suspending or revoking, a license, special permit, certificate of approval, or administrator certificate, issued under this chapter, or denying a transfer of a license pursuant to paragraph (2) of subdivision (c) of Section 1524, upon a finding of a violation of subdivision (i) of Section 11166 of the Penal Code.
SEC. 4.Section 11165.7 of the Penal Code is amended to read:11165.7.(a)As used in this article, mandated reporter is defined as any of the following:
(1)A teacher.
(2)An instructional aide.
(3)A teachers aide or teachers assistant employed by a public or private school.
(4)A classified employee of a public school.
(5)An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of a public or private school.
(6)An administrator of a public or private day camp.
(7)An administrator or employee of a public or private youth center, youth recreation program, or youth organization.
(8)An administrator, board member, or employee of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency.
(9)An employee of a county office of education or the State Department of Education whose duties bring the employee into contact with children on a regular basis.
(10)A licensee, an administrator, or an employee of a licensed community care or child day care facility.
(11)A Head Start program teacher.
(12)A licensing worker or licensing evaluator employed by a licensing agency, as defined in Section 11165.11.
(13)A public assistance worker.
(14)An employee of a child care institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities.
(15)A social worker, probation officer, or parole officer.
(16)An employee of a school district police or security department.
(17)A person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in a public or private school.
(18)A district attorney investigator, inspector, or local child support agency caseworker, unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor.
(19)A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is not otherwise described in this section.
(20)A firefighter, except for volunteer firefighters.
(21)A physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage and family therapist, clinical social worker, professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code.
(22)An emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(23)A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code.
(24)A marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code.
(25)An unlicensed marriage and family therapist intern registered under Section 4980.44 of the Business and Professions Code.
(26)A state or county public health employee who treats a minor for venereal disease or any other condition.
(27)A coroner.
(28)A medical examiner or other person who performs autopsies.
(29)A commercial film and photographic print or image processor as specified in subdivision (e) of Section 11166. As used in this article, commercial film and photographic print or image processor means a person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, or who prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image, for compensation. The term includes any employee of that person; it does not include a person who develops film or makes prints or images for a public agency.
(30)A child visitation monitor. As used in this article, child visitation monitor means a person who, for financial compensation, acts as a monitor of a visit between a child and another person when the monitoring of that visit has been ordered by a court of law.
(31)An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings:
(A)Animal control officer means a person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations.
(B)Humane society officer means a person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code.
(32)A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, clergy member means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization.
(33)Any custodian of records of a clergy member, as specified in this section and subdivision (d) of Section 11166.
(34)An employee of any police department, county sheriffs department, county probation department, or county welfare department.
(35)An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 5.655 of the California Rules of Court.
(36)A custodial officer, as defined in Section 831.5.
(37)A person providing services to a minor child under Section 12300 or 12300.1 of the Welfare and Institutions Code.
(38)An alcohol and drug counselor. As used in this article, an alcohol and drug counselor is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. However, alcohol or drug abuse, or both alcohol and drug abuse, is not, in and of itself, a sufficient basis for reporting child abuse or neglect.
(39)A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code.
(40)A clinical counselor intern registered under Section 4999.42 of the Business and Professions Code.
(41)An employee or administrator of a public or private postsecondary educational institution, whose duties bring the administrator or employee into contact with children on a regular basis, or who supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on that institutions premises or at an official activity of, or program conducted by, the institution. Nothing in this paragraph shall be construed as altering the lawyer-client privilege as set forth in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.
(42)An athletic coach, athletic administrator, or athletic director employed by any public or private school that provides any combination of instruction for kindergarten, or grades 1 to 12, inclusive.
(43)(A)A commercial computer technician as specified in subdivision (e) of Section 11166. As used in this article, commercial computer technician means a person who works for a company that is in the business of repairing, installing, or otherwise servicing a computer or computer component, including, but not limited to, a computer part, device, memory storage or recording mechanism, auxiliary storage recording or memory capacity, or any other material relating to the operation and maintenance of a computer or computer network system, for a fee. An employer who provides an electronic communications service or a remote computing service to the public shall be deemed to comply with this article if that employer complies with Section 2258A of Title 18 of the United States Code.
(B)An employer of a commercial computer technician may implement internal procedures for facilitating reporting consistent with this article. These procedures may direct employees who are mandated reporters under this paragraph to report materials described in subdivision (e) of Section 11166 to an employee who is designated by the employer to receive the reports. An employee who is designated to receive reports under this subparagraph shall be a commercial computer technician for purposes of this article. A commercial computer technician who makes a report to the designated employee pursuant to this subparagraph shall be deemed to have complied with the requirements of this article and shall be subject to the protections afforded to mandated reporters, including, but not limited to, those protections afforded by Section 11172.
(44)Any athletic coach, including, but not limited to, an assistant coach or a graduate assistant involved in coaching, at public or private postsecondary educational institutions.
(b)Except as provided in paragraph (35) of subdivision (a), volunteers of public or private organizations whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect to an agency specified in Section 11165.9.
(c)Except as provided in subdivision (d), employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Whether or not employers provide their employees with training in child abuse and neglect identification and reporting, the employers shall provide their employees who are mandated reporters with the statement required pursuant to subdivision (a) of Section 11166.5.
(d)Pursuant to Section 44691 of the Education Code, school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools shall annually train their employees and persons working on their behalf specified in subdivision (a) in the duties of mandated reporters under the child abuse reporting laws. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.
(e)(1)On and after January 1, 2018, pursuant to Section 1596.8662 of the Health and Safety Code, a child care licensee applicant shall take training in the duties of mandated reporters under the child abuse reporting laws as a condition of licensure, and a child care administrator or an employee of a licensed child day care facility shall take training in the duties of mandated reporters during the first 90 days when he or she is employed by the facility.
(2)A person specified in paragraph (1) who becomes a licensee, administrator, or employee of a licensed child day care facility shall take renewal mandated reporter training every two years following the date on which he or she completed the initial mandated reporter training. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.
(f)Unless otherwise specifically provided, the absence of training shall not excuse a mandated reporter from the duties imposed by this article.
(g)Public and private organizations are encouraged to provide their volunteers whose duties require direct contact with and supervision of children with training in the identification and reporting of child abuse and neglect.
SEC. 4.5.Section 11165.7 of the Penal Code is amended to read:11165.7.(a)As used in this article, mandated reporter is defined as any of the following:
(1)A teacher.
(2)An instructional aide.
(3)A teachers aide or teachers assistant employed by a public or private school.
(4)A classified employee of a public school.
(5)An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of a public or private school.
(6)An administrator of a public or private day camp.
(7)An administrator or employee of a public or private youth center, youth recreation program, or youth organization.
(8)An administrator administrator, board member, or employee of a public or private organization whose duties require direct contact and supervision of children. children, including a foster family agency.
(9)An employee of a county office of education or the State Department of Education whose duties bring the employee into contact with children on a regular basis.
(10)A licensee, an administrator, or an employee of a licensed community care or child day care facility.
(11)A Head Start program teacher.
(12)A licensing worker or licensing evaluator employed by a licensing agency, as defined in Section 11165.11.
(13)A public assistance worker.
(14)An employee of a child care institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities.
(15)A social worker, probation officer, or parole officer.
(16)An employee of a school district police or security department.
(17)A person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in a public or private school.
(18)A district attorney investigator, inspector, or local child support agency caseworker, unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor.
(19)A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is not otherwise described in this section.
(20)A firefighter, except for volunteer firefighters.
(21)A physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage and family therapist, clinical social worker, professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code.
(22)An emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(23)A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code.
(24)A marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code.
(25)An unlicensed marriage and family therapist intern registered under Section 4980.44 of the Business and Professions Code.
(26)A state or county public health employee who treats a minor for venereal disease or any other condition.
(27)A coroner.
(28)A medical examiner or other person who performs autopsies.
(29)A commercial film and photographic print or image processor as specified in subdivision (e) of Section 11166. As used in this article, commercial film and photographic print or image processor means a person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, or who prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image, for compensation. The term includes any employee of that person; it does not include a person who develops film or makes prints or images for a public agency.
(30)A child visitation monitor. As used in this article, child visitation monitor means a person who, for financial compensation, acts as a monitor of a visit between a child and another person when the monitoring of that visit has been ordered by a court of law.
(31)An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings:
(A)Animal control officer means a person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations.
(B)Humane society officer means a person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code.
(32)A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, clergy member means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization.
(33)Any custodian of records of a clergy member, as specified in this section and subdivision (d) of Section 11166.
(34)An employee of any police department, county sheriffs department, county probation department, or county welfare department.
(35)An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 5.655 of the California Rules of Court.
(36)A custodial officer, as defined in Section 831.5.
(37)A person providing services to a minor child under Section 12300 or 12300.1 of the Welfare and Institutions Code.
(38)An alcohol and drug counselor. As used in this article, an alcohol and drug counselor is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. However, alcohol or drug abuse, or both alcohol and drug abuse, is not, in and of itself, a sufficient basis for reporting child abuse or neglect.
(39)A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code.
(40)A clinical counselor intern registered under Section 4999.42 of the Business and Professions Code.
(41)An employee or administrator of a public or private postsecondary educational institution, whose duties bring the administrator or employee into contact with children on a regular basis, or who supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on that institutions premises or at an official activity of, or program conducted by, the institution. Nothing in this paragraph shall be construed as altering the lawyer-client privilege as set forth in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.
(42)An athletic coach, athletic administrator, or athletic director employed by any public or private school that provides any combination of instruction for kindergarten, or grades 1 to 12, inclusive.
(43)(A)A commercial computer technician as specified in subdivision (e) of Section 11166. As used in this article, commercial computer technician means a person who works for a company that is in the business of repairing, installing, or otherwise servicing a computer or computer component, including, but not limited to, a computer part, device, memory storage or recording mechanism, auxiliary storage recording or memory capacity, or any other material relating to the operation and maintenance of a computer or computer network system, for a fee. An employer who provides an electronic communications service or a remote computing service to the public shall be deemed to comply with this article if that employer complies with Section 2258A of Title 18 of the United States Code.
(B)An employer of a commercial computer technician may implement internal procedures for facilitating reporting consistent with this article. These procedures may direct employees who are mandated reporters under this paragraph to report materials described in subdivision (e) of Section 11166 to an employee who is designated by the employer to receive the reports. An employee who is designated to receive reports under this subparagraph shall be a commercial computer technician for purposes of this article. A commercial computer technician who makes a report to the designated employee pursuant to this subparagraph shall be deemed to have complied with the requirements of this article and shall be subject to the protections afforded to mandated reporters, including, but not limited to, those protections afforded by Section 11172.
(44)Any athletic coach, including, but not limited to, an assistant coach or a graduate assistant involved in coaching, at public or private postsecondary educational institutions.
(45)An individual certified by a licensed foster family agency as a certified family home, as defined in Section 1506 of the Health and Safety Code.
(46)An individual approved as a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code.
(b)Except as provided in paragraph (35) of subdivision (a), volunteers of public or private organizations whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect to an agency specified in Section 11165.9.
(c)Except as provided in subdivision (d), employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Whether or not employers provide their employees with training in child abuse and neglect identification and reporting, the employers shall provide their employees who are mandated reporters with the statement required pursuant to subdivision (a) of Section 11166.5.
(d)Pursuant to Section 44691 of the Education Code, school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools shall annually train their employees and persons working on their behalf specified in subdivision (a) in the duties of mandated reporters under the child abuse reporting laws. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.
(e)(1)On and after January 1, 2018, pursuant to Section 1596.8662 of the Health and Safety Code, a child care licensee applicant shall take training in the duties of mandated reporters under the child abuse reporting laws as a condition of licensure, and a child care administrator or an employee of a licensed child day care facility shall take training in the duties of mandated reporters during the first 90 days when he or she is employed by the facility.
(2)A person specified in paragraph (1) who becomes a licensee, administrator, or employee of a licensed child day care facility shall take renewal mandated reporter training every two years following the date on which he or she completed the initial mandated reporter training. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.
(f)Unless otherwise specifically provided, the absence of training shall not excuse a mandated reporter from the duties imposed by this article.
(g)Public and private organizations are encouraged to provide their volunteers whose duties require direct contact with and supervision of children with training in the identification and reporting of child abuse and neglect.
SEC. 5.Section 11166 of the Penal Code is amended to read:11166.(a)Except as provided in subdivision (d), and in Section 11166.05, a mandated reporter shall make a report to an agency specified in Section 11165.9 whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. The mandated reporter shall make an initial report by telephone to the agency immediately or as soon as is practicably possible, and shall prepare and send, fax, or electronically transmit a written followup report within 36 hours of receiving the information concerning the incident. The mandated reporter may include with the report any nonprivileged documentary evidence the mandated reporter possesses relating to the incident.
(1)For purposes of this article, reasonable suspicion means that it is objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a reasonable person in a like position, drawing, when appropriate, on his or her training and experience, to suspect child abuse or neglect. Reasonable suspicion does not require certainty that child abuse or neglect has occurred nor does it require a specific medical indication of child abuse or neglect; any reasonable suspicion is sufficient. For purposes of this article, the pregnancy of a minor does not, in and of itself, constitute a basis for a reasonable suspicion of sexual abuse.
(2)The agency shall be notified and a report shall be prepared and sent, faxed, or electronically transmitted even if the child has expired, regardless of whether or not the possible abuse was a factor contributing to the death, and even if suspected child abuse was discovered during an autopsy.
(3)A report made by a mandated reporter pursuant to this section shall be known as a mandated report.
(b)If, after reasonable efforts, a mandated reporter is unable to submit an initial report by telephone, he or she shall immediately or as soon as is practicably possible, by fax or electronic transmission, make a one-time automated written report on the form prescribed by the Department of Justice, and shall also be available to respond to a telephone followup call by the agency with which he or she filed the report. A mandated reporter who files a one-time automated written report because he or she was unable to submit an initial report by telephone is not required to submit a written followup report.
(1)The one-time automated written report form prescribed by the Department of Justice shall be clearly identifiable so that it is not mistaken for a standard written followup report. In addition, the automated one-time report shall contain a section that allows the mandated reporter to state the reason the initial telephone call was not able to be completed. The reason for the submission of the one-time automated written report in lieu of the procedure prescribed in subdivision (a) shall be captured in the Child Welfare Services/Case Management System (CWS/CMS). The department shall work with stakeholders to modify reporting forms and the CWS/CMS as is necessary to accommodate the changes enacted by these provisions.
(2)This subdivision shall not become operative until the CWS/CMS is updated to capture the information prescribed in this subdivision.
(3)This subdivision shall become inoperative three years after this subdivision becomes operative or on January 1, 2009, whichever occurs first.
(4)On the inoperative date of these provisions, a report shall be submitted to the counties and the Legislature by the State Department of Social Services that reflects the data collected from automated one-time reports indicating the reasons stated as to why the automated one-time report was filed in lieu of the initial telephone report.
(5)Nothing in this section shall supersede the requirement that a mandated reporter first attempt to make a report via telephone, or that agencies specified in Section 11165.9 accept reports from mandated reporters and other persons as required.
(c)A mandated reporter who fails to report an incident of known or reasonably suspected child abuse or neglect as required by this section is guilty of a misdemeanor punishable by up to six months confinement in a county jail or by a fine of one thousand dollars ($1,000) or by both that imprisonment and fine. If a mandated reporter intentionally conceals his or her failure to report an incident known by the mandated reporter to be abuse or severe neglect under this section, the failure to report is a continuing offense until an agency specified in Section 11165.9 discovers the offense.
(d)(1)A clergy member who acquires knowledge or a reasonable suspicion of child abuse or neglect during a penitential communication is not subject to subdivision (a). For the purposes of this subdivision, penitential communication means a communication, intended to be in confidence, including, but not limited to, a sacramental confession, made to a clergy member who, in the course of the discipline or practice of his or her church, denomination, or organization, is authorized or accustomed to hear those communications, and under the discipline, tenets, customs, or practices of his or her church, denomination, or organization, has a duty to keep those communications secret.
(2)Nothing in this subdivision shall be construed to modify or limit a clergy members duty to report known or suspected child abuse or neglect when the clergy member is acting in some other capacity that would otherwise make the clergy member a mandated reporter.
(3)(A)On or before January 1, 2004, a clergy member or any custodian of records for the clergy member may report to an agency specified in Section 11165.9 that the clergy member or any custodian of records for the clergy member, prior to January 1, 1997, in his or her professional capacity or within the scope of his or her employment, other than during a penitential communication, acquired knowledge or had a reasonable suspicion that a child had been the victim of sexual abuse and that the clergy member or any custodian of records for the clergy member did not previously report the abuse to an agency specified in Section 11165.9. The provisions of Section 11172 shall apply to all reports made pursuant to this paragraph.
(B)This paragraph shall apply even if the victim of the known or suspected abuse has reached the age of majority by the time the required report is made.
(C)The local law enforcement agency shall have jurisdiction to investigate any report of child abuse made pursuant to this paragraph even if the report is made after the victim has reached the age of majority.
(e)(1)A commercial film, photographic print, or image processor who has knowledge of or observes, within the scope of his or her professional capacity or employment, any film, photograph, videotape, negative, slide, or any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image depicting a child under 16 years of age engaged in an act of sexual conduct, shall, immediately or as soon as practicably possible, telephonically report the instance of suspected abuse to the law enforcement agency located in the county in which the images are seen. Within 36 hours of receiving the information concerning the incident, the reporter shall prepare and send, fax, or electronically transmit a written followup report of the incident with a copy of the image or material attached.
(2)A commercial computer technician who has knowledge of or observes, within the scope of his or her professional capacity or employment, any representation of information, data, or an image, including, but not limited to, any computer hardware, computer software, computer file, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image that is retrievable in perceivable form and that is intentionally saved, transmitted, or organized on an electronic medium, depicting a child under 16 years of age engaged in an act of sexual conduct, shall immediately, or as soon as practicably possible, telephonically report the instance of suspected abuse to the law enforcement agency located in the county in which the images or materials are seen. As soon as practicably possible after receiving the information concerning the incident, the reporter shall prepare and send, fax, or electronically transmit a written followup report of the incident with a brief description of the images or materials.
(3)For purposes of this article, commercial computer technician includes an employee designated by an employer to receive reports pursuant to an established reporting process authorized by subparagraph (B) of paragraph (43) of subdivision (a) of Section 11165.7.
(4)As used in this subdivision, electronic medium includes, but is not limited to, a recording, CD-ROM, magnetic disk memory, magnetic tape memory, CD, DVD, thumbdrive, or any other computer hardware or media.
(5)As used in this subdivision, sexual conduct means any of the following:
(A)Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals.
(B)Penetration of the vagina or rectum by any object.
(C)Masturbation for the purpose of sexual stimulation of the viewer.
(D)Sadomasochistic abuse for the purpose of sexual stimulation of the viewer.
(E)Exhibition of the genitals, pubic, or rectal areas of a person for the purpose of sexual stimulation of the viewer.
(f)Any mandated reporter who knows or reasonably suspects that the home or institution in which a child resides is unsuitable for the child because of abuse or neglect of the child shall bring the condition to the attention of the agency to which, and at the same time as, he or she makes a report of the abuse or neglect pursuant to subdivision (a).
(g)Any other person who has knowledge of or observes a child whom he or she knows or reasonably suspects has been a victim of child abuse or neglect may report the known or suspected instance of child abuse or neglect to an agency specified in Section 11165.9. For purposes of this section, any other person includes a mandated reporter who acts in his or her private capacity and not in his or her professional capacity or within the scope of his or her employment.
(h)When two or more persons, who are required to report, jointly have knowledge of a known or suspected instance of child abuse or neglect, and when there is agreement among them, the telephone report may be made by a member of the team selected by mutual agreement and a single report may be made and signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report.
(i)(1)The reporting duties under this section are individual, and no supervisor or administrator may impede or inhibit the reporting duties, and no person making a report shall be subject to any sanction for making the report. However, internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established provided that they are not inconsistent with this article. An internal policy shall not direct an employee to allow his or her supervisor to file or process a mandated report under any circumstances.
(2)The internal procedures shall not require any employee required to make reports pursuant to this article to disclose his or her identity to the employer.
(3)Reporting the information regarding a case of possible child abuse or neglect to an employer, supervisor, school principal, school counselor, coworker, or other person shall not be a substitute for making a mandated report to an agency specified in Section 11165.9.
(j)(1)A county probation or welfare department shall immediately, or as soon as practicably possible, report by telephone, fax, or electronic transmission to the law enforcement agency having jurisdiction over the case, to the agency given the responsibility for investigation of cases under Section 300 of the Welfare and Institutions Code, and to the district attorneys office every known or suspected instance of child abuse or neglect, as defined in Section 11165.6, except acts or omissions coming within subdivision (b) of Section 11165.2, or reports made pursuant to Section 11165.13 based on risk to a child that relates solely to the inability of the parent to provide the child with regular care due to the parents substance abuse, which shall be reported only to the county welfare or probation department. A county probation or welfare department also shall send, fax, or electronically transmit a written report thereof within 36 hours of receiving the information concerning the incident to any agency to which it makes a telephone report under this subdivision.
(2)A county probation or welfare department shall immediately, and in no case in more than 24 hours, report to the law enforcement agency having jurisdiction over the case after receiving information that a child or youth who is receiving child welfare services has been identified as the victim of commercial sexual exploitation, as defined in subdivision (d) of Section 11165.1.
(3)When a child or youth who is receiving child welfare services and who is reasonably believed to be the victim of, or is at risk of being the victim of, commercial sexual exploitation, as defined in Section 11165.1, is missing or has been abducted, the county probation or welfare department shall immediately, or in no case later than 24 hours from receipt of the information, report the incident to the appropriate law enforcement authority for entry into the National Crime Information Center database of the Federal Bureau of Investigation and to the National Center for Missing and Exploited Children.
(k)A law enforcement agency shall immediately, or as soon as practicably possible, report by telephone, fax, or electronic transmission to the agency given responsibility for investigation of cases under Section 300 of the Welfare and Institutions Code and to the district attorneys office every known or suspected instance of child abuse or neglect reported to it, except acts or omissions coming within subdivision (b) of Section 11165.2, which shall be reported only to the county welfare or probation department. A law enforcement agency shall report to the county welfare or probation department every known or suspected instance of child abuse or neglect reported to it which is alleged to have occurred as a result of the action of a person responsible for the childs welfare, or as the result of the failure of a person responsible for the childs welfare to adequately protect the minor from abuse when the person responsible for the childs welfare knew or reasonably should have known that the minor was in danger of abuse. A law enforcement agency also shall send, fax, or electronically transmit a written report thereof within 36 hours of receiving the information concerning the incident to any agency to which it makes a telephone report under this subdivision.
SEC. 6.Section 4.5 of this bill incorporates amendments to Section 11165.7 of the Penal Code proposed by both this bill and Assembly Bill 1997. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 11165.7 of the Penal Code, and (3) this bill is enacted after Assembly Bill 1997, in which case Section 4 of this bill shall not become operative.
SEC. 6.SEC. 7.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)The department shall, no later than July 1, 2017, develop a notice that does all of the following:
(1)Contains the telephone number to make a complaint regarding a community care facility or child care facility.
(2)Includes information about the prohibition of impeding mandated reports.
(3)Includes information about the option to make a confidential complaint.
(b)The notice developed pursuant to subdivision (a) shall be posted conspicuously in a prominent area in all foster family agencies.
SECTION 1.SEC. 2.Section 1556.5 is added to the Health and Safety Code, to read:1556.5.(a)If the department, as a condition of licensure, requires the chief executive officer or other authorized member of the board of directors and the administrator of a foster family agency to attend an orientation given by the licensing agency that outlines the applicable rules and regulations for operation of a foster family agency, that orientation shall include, but not be limited to, a description of policies, procedures, or practices that violate paragraph (1) or (2) of subdivision (i) of Section 11166 of the Penal Code.
(b)If the department requires, as part of an application for licensure for a foster family agency, a written plan of operation, that plan of operation shall include a written plan establishing policies, procedures, or practices to ensure that the foster family agency does not violate paragraph (1) or (2) of subdivision (i) of Section 11166 of the Penal Code.
(c)For purposes of this section, a foster family agency is defined in paragraph (4) of subdivision (a) of Section 1502.
SEC. 2.SEC. 3.Section 1558 of the Health and Safety Code is amended to read:1558.(a)The department may prohibit any person from being a member of the board of directors, an executive director, or an officer of a licensee, or a licensee from employing, or continuing the employment of, or allowing in a licensed facility or certified family home, or allowing contact with clients of a licensed facility or certified family home by, any employee, prospective employee, or person who is not a client who has:
(1)Violated, or aided or permitted the violation by any other person of, any provisions of this chapter or of any rules or regulations promulgated under this chapter.
(2)Engaged in conduct that is inimical to the health, morals, welfare, or safety of either the people of this state or an individual in or receiving services from the facility or certified family home.
(3)Been denied an exemption to work or to be present in a facility or certified family home, when that person has been convicted of a crime as defined in Section 1522.
(4)Engaged in any other conduct that would constitute a basis for disciplining a licensee or certified family home.
(5)Engaged in acts of financial malfeasance concerning the operation of a facility or certified family home, including, but not limited to, improper use or embezzlement of client moneys and property or fraudulent appropriation for personal gain of facility moneys and property, or willful or negligent failure to provide services.
(b)The excluded person, the facility or certified family home, and the licensee shall be given written notice of the basis of the departments action and of the excluded persons right to an appeal. The notice shall be served either by personal service or by registered mail. Within 15 days after the department serves the notice, the excluded person may file with the department a written appeal of the exclusion order. If the excluded person fails to file a written appeal within the prescribed time, the departments action shall be final.
(c)(1)The department may require the immediate removal of a member of the board of directors, an executive director, or an officer of a licensee or exclusion of an employee, prospective employee, or person who is not a client from a facility or certified family home pending a final decision of the matter, when, in the opinion of the director, the action is necessary to protect residents or clients from physical or mental abuse, abandonment, or any other substantial threat to their health or safety.
(2)If the department requires the immediate removal of a member of the board of directors, an executive director, or an officer of a licensee or exclusion of an employee, prospective employee, or person who is not a client from a facility or certified family home, the department shall serve an order of immediate exclusion upon the excluded person that shall notify the excluded person of the basis of the departments action and of the excluded persons right to a hearing.
(3)Within 15 days after the department serves an order of immediate exclusion, the excluded person may file a written appeal of the exclusion with the department. The departments action shall be final if the excluded person does not appeal the exclusion within the prescribed time. The department shall do the following upon receipt of a written appeal:
(A)Within 30 days of receipt of the appeal, serve an accusation upon the excluded person.
(B)Within 60 days of receipt of a notice of defense pursuant to Section 11506 of the Government Code by the excluded person to conduct a hearing on the accusation.
(4)An order of immediate exclusion of the excluded person from the facility or certified family home shall remain in effect until the hearing is completed and the director has made a final determination on the merits. However, the order of immediate exclusion shall be deemed vacated if the director fails to make a final determination on the merits within 60 days after the original hearing has been completed.
(d)An excluded person who files a written appeal with the department pursuant to this section shall, as part of the written request, provide his or her current mailing address. The excluded person shall subsequently notify the department in writing of any change in mailing address, until the hearing process has been completed or terminated.
(e)Hearings held pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Division 3 of Title 2 of the Government Code. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department.
(f)The department may institute or continue a disciplinary proceeding against a member of the board of directors, an executive director, or an officer of a licensee or an employee, prospective employee, or person who is not a client upon any ground provided by this section. The department may enter an order prohibiting any person from being a member of the board of directors, an executive director, or an officer of a licensee or prohibiting the excluded persons employment or presence in the facility or certified family home, or otherwise take disciplinary action against the excluded person, notwithstanding any resignation, withdrawal of employment application, or change of duties by the excluded person, or any discharge, failure to hire, or reassignment of the excluded person by the licensee or that the excluded person no longer has contact with clients at the facility or certified family home.
(g)A licensees or certified family homes failure to comply with the departments exclusion order after being notified of the order shall be grounds for disciplining the licensee pursuant to Section 1550.
(h)(1)(A)In cases where the excluded person appealed the exclusion order, the person shall be prohibited from working in any facility or being licensed to operate any facility licensed by the department or from being a certified foster parent for the remainder of the excluded persons life, unless otherwise ordered by the department.
(B)The excluded individual may petition for reinstatement one year after the effective date of the decision and order of the department upholding the exclusion order pursuant to Section 11522 of the Government Code. The department shall provide the excluded person with a copy of Section 11522 of the Government Code with the decision and order.
(2)(A)In cases where the department informed the excluded person of his or her right to appeal the exclusion order and the excluded person did not appeal the exclusion order, the person shall be prohibited from working in any facility or being licensed to operate any facility licensed by the department or a certified foster parent for the remainder of the excluded persons life, unless otherwise ordered by the department.
(B)The excluded individual may petition for reinstatement after one year has elapsed from the date of the notification of the exclusion order pursuant to Section 11522 of the Government Code. The department shall provide the excluded person with a copy of Section 11522 of the Government Code with the exclusion order.
(i)Notwithstanding paragraph (2) of subdivision (a) or subdivision (c) of Section 1550, the department shall take reasonable action, including, but not limited to, prohibiting a person from being a member of the board of directors, an executive director, or an officer of a licensee of a licensed facility or certified family home, or denying an application for, or suspending or revoking, a license, special permit, certificate of approval, or administrator certificate, issued under this chapter, or denying a transfer of a license pursuant to paragraph (2) of subdivision (c) of Section 1524, upon a finding of a violation of subdivision (i) of Section 11166 of the Penal Code.
SEC. 3.SEC. 4.Section 11165.7 of the Penal Code is amended to read:11165.7.(a)As used in this article, mandated reporter is defined as any of the following:
(1)A teacher.
(2)An instructional aide.
(3)A teachers aide or teachers assistant employed by a public or private school.
(4)A classified employee of a public school.
(5)An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of a public or private school.
(6)An administrator of a public or private day camp.
(7)An administrator or employee of a public or private youth center, youth recreation program, or youth organization.
(8)An administrator, board member, or employee of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency.
(9)An employee of a county office of education or the State Department of Education whose duties bring the employee into contact with children on a regular basis.
(10)A licensee, an administrator, or an employee of a licensed community care or child day care facility.
(11)A Head Start program teacher.
(12)A licensing worker or licensing evaluator employed by a licensing agency, as defined in Section 11165.11.
(13)A public assistance worker.
(14)An employee of a child care institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities.
(15)A social worker, probation officer, or parole officer.
(16)An employee of a school district police or security department.
(17)A person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in a public or private school.
(18)A district attorney investigator, inspector, or local child support agency caseworker, unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor.
(19)A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is not otherwise described in this section.
(20)A firefighter, except for volunteer firefighters.
(21)A physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage and family therapist, clinical social worker, professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code.
(22)An emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(23)A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code.
(24)A marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code.
(25)An unlicensed marriage and family therapist intern registered under Section 4980.44 of the Business and Professions Code.
(26)A state or county public health employee who treats a minor for venereal disease or any other condition.
(27)A coroner.
(28)A medical examiner or other person who performs autopsies.
(29)A commercial film and photographic print or image processor as specified in subdivision (e) of Section 11166. As used in this article, commercial film and photographic print or image processor means a person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, or who prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image, for compensation. The term includes any employee of that person; it does not include a person who develops film or makes prints or images for a public agency.
(30)A child visitation monitor. As used in this article, child visitation monitor means a person who, for financial compensation, acts as a monitor of a visit between a child and another person when the monitoring of that visit has been ordered by a court of law.
(31)An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings:
(A)Animal control officer means a person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations.
(B)Humane society officer means a person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code.
(32)A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, clergy member means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization.
(33)Any custodian of records of a clergy member, as specified in this section and subdivision (d) of Section 11166.
(34)An employee of any police department, county sheriffs department, county probation department, or county welfare department.
(35)An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 5.655 of the California Rules of Court.
(36)A custodial officer, as defined in Section 831.5.
(37)A person providing services to a minor child under Section 12300 or 12300.1 of the Welfare and Institutions Code.
(38)An alcohol and drug counselor. As used in this article, an alcohol and drug counselor is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. However, alcohol or drug abuse, or both alcohol and drug abuse, is not, in and of itself, a sufficient basis for reporting child abuse or neglect.
(39)A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code.
(40)A clinical counselor intern registered under Section 4999.42 of the Business and Professions Code.
(41)An employee or administrator of a public or private postsecondary educational institution, whose duties bring the administrator or employee into contact with children on a regular basis, or who supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on that institutions premises or at an official activity of, or program conducted by, the institution. Nothing in this paragraph shall be construed as altering the lawyer-client privilege as set forth in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.
(42)An athletic coach, athletic administrator, or athletic director employed by any public or private school that provides any combination of instruction for kindergarten, or grades 1 to 12, inclusive.
(43)(A)A commercial computer technician as specified in subdivision (e) of Section 11166. As used in this article, commercial computer technician means a person who works for a company that is in the business of repairing, installing, or otherwise servicing a computer or computer component, including, but not limited to, a computer part, device, memory storage or recording mechanism, auxiliary storage recording or memory capacity, or any other material relating to the operation and maintenance of a computer or computer network system, for a fee. An employer who provides an electronic communications service or a remote computing service to the public shall be deemed to comply with this article if that employer complies with Section 2258A of Title 18 of the United States Code.
(B)An employer of a commercial computer technician may implement internal procedures for facilitating reporting consistent with this article. These procedures may direct employees who are mandated reporters under this paragraph to report materials described in subdivision (e) of Section 11166 to an employee who is designated by the employer to receive the reports. An employee who is designated to receive reports under this subparagraph shall be a commercial computer technician for purposes of this article. A commercial computer technician who makes a report to the designated employee pursuant to this subparagraph shall be deemed to have complied with the requirements of this article and shall be subject to the protections afforded to mandated reporters, including, but not limited to, those protections afforded by Section 11172.
(44)Any athletic coach, including, but not limited to, an assistant coach or a graduate assistant involved in coaching, at public or private postsecondary educational institutions.
(b)Except as provided in paragraph (35) of subdivision (a), volunteers of public or private organizations whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect to an agency specified in Section 11165.9.
(c)Except as provided in subdivision (d), employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Whether or not employers provide their employees with training in child abuse and neglect identification and reporting, the employers shall provide their employees who are mandated reporters with the statement required pursuant to subdivision (a) of Section 11166.5.
(d)Pursuant to Section 44691 of the Education Code, school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools shall annually train their employees and persons working on their behalf specified in subdivision (a) in the duties of mandated reporters under the child abuse reporting laws. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.
(e)(1)On and after January 1, 2018, pursuant to Section 1596.8662 of the Health and Safety Code, a child care licensee applicant shall take training in the duties of mandated reporters under the child abuse reporting laws as a condition of licensure, and a child care administrator or an employee of a licensed child day care facility shall take training in the duties of mandated reporters during the first 90 days when he or she is employed by the facility.
(2)A person specified in paragraph (1) who becomes a licensee, administrator, or employee of a licensed child day care facility shall take renewal mandated reporter training every two years following the date on which he or she completed the initial mandated reporter training. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.
(f)Unless otherwise specifically provided, the absence of training shall not excuse a mandated reporter from the duties imposed by this article.
(g)Public and private organizations are encouraged to provide their volunteers whose duties require direct contact with and supervision of children with training in the identification and reporting of child abuse and neglect.
SEC. 4.SEC. 5.Section 11166 of the Penal Code is amended to read:11166.(a)Except as provided in subdivision (d), and in Section 11166.05, a mandated reporter shall make a report to an agency specified in Section 11165.9 whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. The mandated reporter shall make an initial report by telephone to the agency immediately or as soon as is practicably possible, and shall prepare and send, fax, or electronically transmit a written followup report within 36 hours of receiving the information concerning the incident. The mandated reporter may include with the report any nonprivileged documentary evidence the mandated reporter possesses relating to the incident.
(1)For purposes of this article, reasonable suspicion means that it is objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a reasonable person in a like position, drawing, when appropriate, on his or her training and experience, to suspect child abuse or neglect. Reasonable suspicion does not require certainty that child abuse or neglect has occurred nor does it require a specific medical indication of child abuse or neglect; any reasonable suspicion is sufficient. For purposes of this article, the pregnancy of a minor does not, in and of itself, constitute a basis for a reasonable suspicion of sexual abuse.
(2)The agency shall be notified and a report shall be prepared and sent, faxed, or electronically transmitted even if the child has expired, regardless of whether or not the possible abuse was a factor contributing to the death, and even if suspected child abuse was discovered during an autopsy.
(3)A report made by a mandated reporter pursuant to this section shall be known as a mandated report.
(b)If, after reasonable efforts, a mandated reporter is unable to submit an initial report by telephone, he or she shall immediately or as soon as is practicably possible, by fax or electronic transmission, make a one-time automated written report on the form prescribed by the Department of Justice, and shall also be available to respond to a telephone followup call by the agency with which he or she filed the report. A mandated reporter who files a one-time automated written report because he or she was unable to submit an initial report by telephone is not required to submit a written followup report.
(1)The one-time automated written report form prescribed by the Department of Justice shall be clearly identifiable so that it is not mistaken for a standard written followup report. In addition, the automated one-time report shall contain a section that allows the mandated reporter to state the reason the initial telephone call was not able to be completed. The reason for the submission of the one-time automated written report in lieu of the procedure prescribed in subdivision (a) shall be captured in the Child Welfare Services/Case Management System (CWS/CMS). The department shall work with stakeholders to modify reporting forms and the CWS/CMS as is necessary to accommodate the changes enacted by these provisions.
(2)This subdivision shall not become operative until the CWS/CMS is updated to capture the information prescribed in this subdivision.
(3)This subdivision shall become inoperative three years after this subdivision becomes operative or on January 1, 2009, whichever occurs first.
(4)On the inoperative date of these provisions, a report shall be submitted to the counties and the Legislature by the State Department of Social Services that reflects the data collected from automated one-time reports indicating the reasons stated as to why the automated one-time report was filed in lieu of the initial telephone report.
(5)Nothing in this section shall supersede the requirement that a mandated reporter first attempt to make a report via telephone, or that agencies specified in Section 11165.9 accept reports from mandated reporters and other persons as required.
(c)A mandated reporter who fails to report an incident of known or reasonably suspected child abuse or neglect as required by this section is guilty of a misdemeanor punishable by up to six months confinement in a county jail or by a fine of one thousand dollars ($1,000) or by both that imprisonment and fine. If a mandated reporter intentionally conceals his or her failure to report an incident known by the mandated reporter to be abuse or severe neglect under this section, the failure to report is a continuing offense until an agency specified in Section 11165.9 discovers the offense.
(d)(1)A clergy member who acquires knowledge or a reasonable suspicion of child abuse or neglect during a penitential communication is not subject to subdivision (a). For the purposes of this subdivision, penitential communication means a communication, intended to be in confidence, including, but not limited to, a sacramental confession, made to a clergy member who, in the course of the discipline or practice of his or her church, denomination, or organization, is authorized or accustomed to hear those communications, and under the discipline, tenets, customs, or practices of his or her church, denomination, or organization, has a duty to keep those communications secret.
(2)Nothing in this subdivision shall be construed to modify or limit a clergy members duty to report known or suspected child abuse or neglect when the clergy member is acting in some other capacity that would otherwise make the clergy member a mandated reporter.
(3)(A)On or before January 1, 2004, a clergy member or any custodian of records for the clergy member may report to an agency specified in Section 11165.9 that the clergy member or any custodian of records for the clergy member, prior to January 1, 1997, in his or her professional capacity or within the scope of his or her employment, other than during a penitential communication, acquired knowledge or had a reasonable suspicion that a child had been the victim of sexual abuse and that the clergy member or any custodian of records for the clergy member did not previously report the abuse to an agency specified in Section 11165.9. The provisions of Section 11172 shall apply to all reports made pursuant to this paragraph.
(B)This paragraph shall apply even if the victim of the known or suspected abuse has reached the age of majority by the time the required report is made.
(C)The local law enforcement agency shall have jurisdiction to investigate any report of child abuse made pursuant to this paragraph even if the report is made after the victim has reached the age of majority.
(e)(1)A commercial film, photographic print, or image processor who has knowledge of or observes, within the scope of his or her professional capacity or employment, any film, photograph, videotape, negative, slide, or any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image depicting a child under 16 years of age engaged in an act of sexual conduct, shall, immediately or as soon as practicably possible, telephonically report the instance of suspected abuse to the law enforcement agency located in the county in which the images are seen. Within 36 hours of receiving the information concerning the incident, the reporter shall prepare and send, fax, or electronically transmit a written followup report of the incident with a copy of the image or material attached.
(2)A commercial computer technician who has knowledge of or observes, within the scope of his or her professional capacity or employment, any representation of information, data, or an image, including, but not limited to, any computer hardware, computer software, computer file, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image that is retrievable in perceivable form and that is intentionally saved, transmitted, or organized on an electronic medium, depicting a child under 16 years of age engaged in an act of sexual conduct, shall immediately, or as soon as practicably possible, telephonically report the instance of suspected abuse to the law enforcement agency located in the county in which the images or materials are seen. As soon as practicably possible after receiving the information concerning the incident, the reporter shall prepare and send, fax, or electronically transmit a written followup report of the incident with a brief description of the images or materials.
(3)For purposes of this article, commercial computer technician includes an employee designated by an employer to receive reports pursuant to an established reporting process authorized by subparagraph (B) of paragraph (43) of subdivision (a) of Section 11165.7.
(4)As used in this subdivision, electronic medium includes, but is not limited to, a recording, CD-ROM, magnetic disk memory, magnetic tape memory, CD, DVD, thumbdrive, or any other computer hardware or media.
(5)As used in this subdivision, sexual conduct means any of the following:
(A)Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals.
(B)Penetration of the vagina or rectum by any object.
(C)Masturbation for the purpose of sexual stimulation of the viewer.
(D)Sadomasochistic abuse for the purpose of sexual stimulation of the viewer.
(E)Exhibition of the genitals, pubic, or rectal areas of a person for the purpose of sexual stimulation of the viewer.
(f)Any mandated reporter who knows or reasonably suspects that the home or institution in which a child resides is unsuitable for the child because of abuse or neglect of the child shall bring the condition to the attention of the agency to which, and at the same time as, he or she makes a report of the abuse or neglect pursuant to subdivision (a).
(g)Any other person who has knowledge of or observes a child whom he or she knows or reasonably suspects has been a victim of child abuse or neglect may report the known or suspected instance of child abuse or neglect to an agency specified in Section 11165.9. For purposes of this section, any other person includes a mandated reporter who acts in his or her private capacity and not in his or her professional capacity or within the scope of his or her employment.
(h)When two or more persons, who are required to report, jointly have knowledge of a known or suspected instance of child abuse or neglect, and when there is agreement among them, the telephone report may be made by a member of the team selected by mutual agreement and a single report may be made and signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report.
(i)(1)The reporting duties under this section are individual, and no supervisor or administrator may impede or inhibit the reporting duties, and no person making a report shall be subject to any sanction for making the report. However, internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established provided that they are not inconsistent with this article. An internal policy shall not direct an employee to allow his or her supervisor to file or process a mandated report under any circumstances.
(2)The internal procedures shall not require any employee required to make reports pursuant to this article to disclose his or her identity to the employer.
(3)Reporting the information regarding a case of possible child abuse or neglect to an employer, supervisor, school principal, school counselor, coworker, or other person shall not be a substitute for making a mandated report to an agency specified in Section 11165.9.
(j)(1)A county probation or welfare department shall immediately, or as soon as practicably possible, report by telephone, fax, or electronic transmission to the law enforcement agency having jurisdiction over the case, to the agency given the responsibility for investigation of cases under Section 300 of the Welfare and Institutions Code, and to the district attorneys office every known or suspected instance of child abuse or neglect, as defined in Section 11165.6, except acts or omissions coming within subdivision (b) of Section 11165.2, or reports made pursuant to Section 11165.13 based on risk to a child that relates solely to the inability of the parent to provide the child with regular care due to the parents substance abuse, which shall be reported only to the county welfare or probation department. A county probation or welfare department also shall send, fax, or electronically transmit a written report thereof within 36 hours of receiving the information concerning the incident to any agency to which it makes a telephone report under this subdivision.
(2)A county probation or welfare department shall immediately, and in no case in more than 24 hours, report to the law enforcement agency having jurisdiction over the case after receiving information that a child or youth who is receiving child welfare services has been identified as the victim of commercial sexual exploitation, as defined in subdivision (d) of Section 11165.1.
(3)When a child or youth who is receiving child welfare services and who is reasonably believed to be the victim of, or is at risk of being the victim of, commercial sexual exploitation, as defined in Section 11165.1, is missing or has been abducted, the county probation or welfare department shall immediately, or in no case later than 24 hours from receipt of the information, report the incident to the appropriate law enforcement authority for entry into the National Crime Information Center database of the Federal Bureau of Investigation and to the National Center for Missing and Exploited Children.
(k)A law enforcement agency shall immediately, or as soon as practicably possible, report by telephone, fax, or electronic transmission to the agency given responsibility for investigation of cases under Section 300 of the Welfare and Institutions Code and to the district attorneys office every known or suspected instance of child abuse or neglect reported to it, except acts or omissions coming within subdivision (b) of Section 11165.2, which shall be reported only to the county welfare or probation department. A law enforcement agency shall report to the county welfare or probation department every known or suspected instance of child abuse or neglect reported to it which is alleged to have occurred as a result of the action of a person responsible for the childs welfare, or as the result of the failure of a person responsible for the childs welfare to adequately protect the minor from abuse when the person responsible for the childs welfare knew or reasonably should have known that the minor was in danger of abuse. A law enforcement agency also shall send, fax, or electronically transmit a written report thereof within 36 hours of receiving the information concerning the incident to any agency to which it makes a telephone report under this subdivision.
SEC. 5.Section 10605.5 of the Welfare and Institutions Code is amended to read:10605.5.(a)(1)The department, in consultation with counties and labor organizations, shall establish, no later than January 1, 2016, a process to receive voluntary disclosures from social workers, if a social worker has reasonable cause to believe that a policy, procedure, or practice, related to the provision of child welfare services by a county child welfare agency, meets any of the following conditions:
(A)Endangers the health or well-being of a child or children.
(B)Is contrary to existing statute or regulation.
(C)Is contrary to public policy.
(2)Notwithstanding any other law, the department shall not disclose to any person or entity the identity of a social worker making a disclosure described in paragraph (1), unless (A) the social worker has consented to the disclosure or (B) there is an immediate risk to the health and safety of a child.
(b)The department shall make available a description of the process established pursuant to subdivision (a) to counties and labor organizations.
(c)For purposes of this section, county child welfare agency includes a county welfare department, child welfare department, and any other county agency that employs social workers and is responsible for the placement and supervision of children and youth in foster care, including department social workers contracted by counties to perform direct adoption services.
(d)(1)No later than January 1, 2018, the department shall report to the Legislature only the following information:
(A)The total number of relevant disclosures received from social workers, including the month and year the disclosure was received.
(B)A summary description of both of the following:
(i)The issues raised in the disclosures received from a social worker.
(ii)The actions taken by the department in response to the disclosures.
(2)No later than January 1, 2018, the department shall post on its Internet Web site the information described in paragraph (1).
(3)The report required pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(e)(1)Effective January 1, 2018, all of the duties imposed on the department pursuant to subdivisions (a) and (b) shall apply with respect to the receipt of voluntary disclosures from social workers employed at a foster family agency, as defined in Section 1502 of the Health and Safety Code, including, but not limited to, disclosures from social workers who have reasonable cause to believe that a policy, procedure, or practice violates paragraph (1) or (2) of subdivision (i) of Section 11166 of the Penal Code.
(2)No later than July 1, 2019, the department shall report to the Legislature only the following information:
(A)The total number of relevant disclosures received from social workers employed at foster family agencies, including the month and year the disclosure was received.
(B)A summary description of both of the following:
(i)The issues raised in the disclosures received from a social worker.
(ii)The actions taken by the department in response to the disclosures.
(3)No later than July 1, 2019, the department shall post on its Internet Web site the information described in paragraph (1).
(4)The report required pursuant to paragraph (2) shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 6.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)If the department, as a condition of licensure, requires the chief executive officer or other authorized member of the board of directors and the administrator of a foster family agency to attend an orientation given by the licensing agency that outlines the applicable rules and regulations for operation of a foster family agency, that orientation shall include, but not be limited to, a description of policies, procedures, or practices that violate paragraph (1) or (2) of subdivision (i) of Section 11166 of the Penal Code.
(b)If the department requires, as part of an application for licensure for a foster family agency, a written plan of operation, that plan of operation shall include a written plan establishing policies, procedures, or practices to ensure that the foster family agency does not violate paragraph (1) or (2) of subdivision (i) of Section 11166 of the Penal Code.
(c)For purposes of this section, a foster family agency is defined in paragraph (4) of subdivision (a) of Section 1502.
SEC. 2.Section 1558 of the Health and Safety Code is amended to read:1558.(a)The department may prohibit any person from being a member of the board of directors, an executive director, or an officer of a licensee, or a licensee from employing, or continuing the employment of, or allowing in a licensed facility or certified family home, or allowing contact with clients of a licensed facility or certified family home by, any employee, prospective employee, or person who is not a client who has:
(1)Violated, or aided or permitted the violation by any other person of, any provisions of this chapter or of any rules or regulations promulgated under this chapter.
(2)Engaged in conduct that is inimical to the health, morals, welfare, or safety of either the people of this state or an individual in or receiving services from the facility or certified family home.
(3)Been denied an exemption to work or to be present in a facility or certified family home, when that person has been convicted of a crime as defined in Section 1522.
(4)Engaged in any other conduct that would constitute a basis for disciplining a licensee or certified family home.
(5)Engaged in acts of financial malfeasance concerning the operation of a facility or certified family home, including, but not limited to, improper use or embezzlement of client moneys and property or fraudulent appropriation for personal gain of facility moneys and property, or willful or negligent failure to provide services.
(b)The excluded person, the facility or certified family home, and the licensee shall be given written notice of the basis of the departments action and of the excluded persons right to an appeal. The notice shall be served either by personal service or by registered mail. Within 15 days after the department serves the notice, the excluded person may file with the department a written appeal of the exclusion order. If the excluded person fails to file a written appeal within the prescribed time, the departments action shall be final.
(c)(1)The department may require the immediate removal of a member of the board of directors, an executive director, or an officer of a licensee or exclusion of an employee, prospective employee, or person who is not a client from a facility or certified family home pending a final decision of the matter, when, in the opinion of the director, the action is necessary to protect residents or clients from physical or mental abuse, abandonment, or any other substantial threat to their health or safety.
(2)If the department requires the immediate removal of a member of the board of directors, an executive director, or an officer of a licensee or exclusion of an employee, prospective employee, or person who is not a client from a facility or certified family home, the department shall serve an order of immediate exclusion upon the excluded person that shall notify the excluded person of the basis of the departments action and of the excluded persons right to a hearing.
(3)Within 15 days after the department serves an order of immediate exclusion, the excluded person may file a written appeal of the exclusion with the department. The departments action shall be final if the excluded person does not appeal the exclusion within the prescribed time. The department shall do the following upon receipt of a written appeal:
(A)Within 30 days of receipt of the appeal, serve an accusation upon the excluded person.
(B)Within 60 days of receipt of a notice of defense pursuant to Section 11506 of the Government Code by the excluded person to conduct a hearing on the accusation.
(4)An order of immediate exclusion of the excluded person from the facility or certified family home shall remain in effect until the hearing is completed and the director has made a final determination on the merits. However, the order of immediate exclusion shall be deemed vacated if the director fails to make a final determination on the merits within 60 days after the original hearing has been completed.
(d)An excluded person who files a written appeal with the department pursuant to this section shall, as part of the written request, provide his or her current mailing address. The excluded person shall subsequently notify the department in writing of any change in mailing address, until the hearing process has been completed or terminated.
(e)Hearings held pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Division 3 of Title 2 of the Government Code. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department.
(f)The department may institute or continue a disciplinary proceeding against a member of the board of directors, an executive director, or an officer of a licensee or an employee, prospective employee, or person who is not a client upon any ground provided by this section. The department may enter an order prohibiting any person from being a member of the board of directors, an executive director, or an officer of a licensee or prohibiting the excluded persons employment or presence in the facility or certified family home, or otherwise take disciplinary action against the excluded person, notwithstanding any resignation, withdrawal of employment application, or change of duties by the excluded person, or any discharge, failure to hire, or reassignment of the excluded person by the licensee or that the excluded person no longer has contact with clients at the facility or certified family home.
(g)A licensees or certified family homes failure to comply with the departments exclusion order after being notified of the order shall be grounds for disciplining the licensee pursuant to Section 1550.
(h)(1)(A)In cases where the excluded person appealed the exclusion order, the person shall be prohibited from working in any facility or being licensed to operate any facility licensed by the department or from being a certified foster parent for the remainder of the excluded persons life, unless otherwise ordered by the department.
(B)The excluded individual may petition for reinstatement one year after the effective date of the decision and order of the department upholding the exclusion order pursuant to Section 11522 of the Government Code. The department shall provide the excluded person with a copy of Section 11522 of the Government Code with the decision and order.
(2)(A)In cases where the department informed the excluded person of his or her right to appeal the exclusion order and the excluded person did not appeal the exclusion order, the person shall be prohibited from working in any facility or being licensed to operate any facility licensed by the department or a certified foster parent for the remainder of the excluded persons life, unless otherwise ordered by the department.
(B)The excluded individual may petition for reinstatement after one year has elapsed from the date of the notification of the exclusion order pursuant to Section 11522 of the Government Code. The department shall provide the excluded person with a copy of Section 11522 of the Government Code with the exclusion order.
(i)Notwithstanding paragraph (2) of subdivision (a) or subdivision (c) of Section 1550, the department shall take reasonable action, including, but not limited to, prohibiting a person from being a member of the board of directors, an executive director, or an officer of a licensee of a licensed facility or certified family home, or denying an application for, or suspending or revoking, a license, special permit, certificate of approval, or administrator certificate, issued under this chapter, or denying a transfer of a license pursuant to paragraph (2) of subdivision (c) of Section 1524, upon a finding of a violation of subdivision (i) of Section 11166 of the Penal Code.
SEC. 3.Section 11165.7 of the Penal Code is amended to read:11165.7.(a)As used in this article, mandated reporter is defined as any of the following:
(1)A teacher.
(2)An instructional aide.
(3)A teachers aide or teachers assistant employed by a public or private school.
(4)A classified employee of a public school.
(5)An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of a public or private school.
(6)An administrator of a public or private day camp.
(7)An administrator or employee of a public or private youth center, youth recreation program, or youth organization.
(8)An administrator administrator, board member, or employee of a public or private organization whose duties require direct contact and supervision of children. children, including a foster family agency.
(9)An employee of a county office of education or the State Department of Education whose duties bring the employee into contact with children on a regular basis.
(10)A licensee, an administrator, or an employee of a licensed community care or child day care facility.
(11)A Head Start program teacher.
(12)A licensing worker or licensing evaluator employed by a licensing agency, as defined in Section 11165.11.
(13)A public assistance worker.
(14)An employee of a child care institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities.
(15)A social worker, probation officer, or parole officer.
(16)An employee of a school district police or security department.
(17)A person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in a public or private school.
(18)A district attorney investigator, inspector, or local child support agency caseworker, unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor.
(19)A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is not otherwise described in this section.
(20)A firefighter, except for volunteer firefighters.
(21)A physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage and family therapist, clinical social worker, professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code.
(22)An emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(23)A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code.
(24)A marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code.
(25)An unlicensed marriage and family therapist intern registered under Section 4980.44 of the Business and Professions Code.
(26)A state or county public health employee who treats a minor for venereal disease or any other condition.
(27)A coroner.
(28)A medical examiner or other person who performs autopsies.
(29)A commercial film and photographic print or image processor as specified in subdivision (e) of Section 11166. As used in this article, commercial film and photographic print or image processor means a person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, or who prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image, for compensation. The term includes any employee of that person; it does not include a person who develops film or makes prints or images for a public agency.
(30)A child visitation monitor. As used in this article, child visitation monitor means a person who, for financial compensation, acts as a monitor of a visit between a child and another person when the monitoring of that visit has been ordered by a court of law.
(31)An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings:
(A)Animal control officer means a person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations.
(B)Humane society officer means a person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code.
(32)A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, clergy member means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization.
(33)Any custodian of records of a clergy member, as specified in this section and subdivision (d) of Section 11166.
(34)An employee of any police department, county sheriffs department, county probation department, or county welfare department.
(35)An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 5.655 of the California Rules of Court.
(36)A custodial officer, as defined in Section 831.5.
(37)A person providing services to a minor child under Section 12300 or 12300.1 of the Welfare and Institutions Code.
(38)An alcohol and drug counselor. As used in this article, an alcohol and drug counselor is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. However, alcohol or drug abuse, or both alcohol and drug abuse, is not, in and of itself, a sufficient basis for reporting child abuse or neglect.
(39)A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code.
(40)A clinical counselor intern registered under Section 4999.42 of the Business and Professions Code.
(41)An employee or administrator of a public or private postsecondary educational institution, whose duties bring the administrator or employee into contact with children on a regular basis, or who supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on that institutions premises or at an official activity of, or program conducted by, the institution. Nothing in this paragraph shall be construed as altering the lawyer-client privilege as set forth in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.
(42)An athletic coach, athletic administrator, or athletic director employed by any public or private school that provides any combination of instruction for kindergarten, or grades 1 to 12, inclusive.
(43)(A)A commercial computer technician as specified in subdivision (e) of Section 11166. As used in this article, commercial computer technician means a person who works for a company that is in the business of repairing, installing, or otherwise servicing a computer or computer component, including, but not limited to, a computer part, device, memory storage or recording mechanism, auxiliary storage recording or memory capacity, or any other material relating to the operation and maintenance of a computer or computer network system, for a fee. An employer who provides an electronic communications service or a remote computing service to the public shall be deemed to comply with this article if that employer complies with Section 2258A of Title 18 of the United States Code.
(B)An employer of a commercial computer technician may implement internal procedures for facilitating reporting consistent with this article. These procedures may direct employees who are mandated reporters under this paragraph to report materials described in subdivision (e) of Section 11166 to an employee who is designated by the employer to receive the reports. An employee who is designated to receive reports under this subparagraph shall be a commercial computer technician for purposes of this article. A commercial computer technician who makes a report to the designated employee pursuant to this subparagraph shall be deemed to have complied with the requirements of this article and shall be subject to the protections afforded to mandated reporters, including, but not limited to, those protections afforded by Section 11172.
(44)Any athletic coach, including, but not limited to, an assistant coach or a graduate assistant involved in coaching, at public or private postsecondary educational institutions.
(b)Except as provided in paragraph (35) of subdivision (a), volunteers of public or private organizations whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect to an agency specified in Section 11165.9.
(c)Except as provided in subdivision (d), employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Whether or not employers provide their employees with training in child abuse and neglect identification and reporting, the employers shall provide their employees who are mandated reporters with the statement required pursuant to subdivision (a) of Section 11166.5.
(d)Pursuant to Section 44691 of the Education Code, school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools shall annually train their employees and persons working on their behalf specified in subdivision (a) in the duties of mandated reporters under the child abuse reporting laws. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.
(e)(1)On and after January 1, 2018, pursuant to Section 1596.8662 of the Health and Safety Code, a child care licensee applicant shall take training in the duties of mandated reporters under the child abuse reporting laws as a condition of licensure, and a child care administrator or an employee of a licensed child day care facility shall take training in the duties of mandated reporters during the first 90 days when he or she is employed by the facility.
(2)A person specified in paragraph (1) who becomes a licensee, administrator, or employee of a licensed child day care facility shall take renewal mandated reporter training every two years following the date on which he or she completed the initial mandated reporter training. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.
(f)Unless otherwise specifically provided, the absence of training shall not excuse a mandated reporter from the duties imposed by this article.
(g)Public and private organizations are encouraged to provide their volunteers whose duties require direct contact with and supervision of children with training in the identification and reporting of child abuse and neglect.
SEC. 4.Section 11166 of the Penal Code is amended to read:11166.(a)Except as provided in subdivision (d), and in Section 11166.05, a mandated reporter shall make a report to an agency specified in Section 11165.9 whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. The mandated reporter shall make an initial report by telephone to the agency immediately or as soon as is practicably possible, and shall prepare and send, fax, or electronically transmit a written followup report within 36 hours of receiving the information concerning the incident. The mandated reporter may include with the report any nonprivileged documentary evidence the mandated reporter possesses relating to the incident.
(1)For purposes of this article, reasonable suspicion means that it is objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a reasonable person in a like position, drawing, when appropriate, on his or her training and experience, to suspect child abuse or neglect. Reasonable suspicion does not require certainty that child abuse or neglect has occurred nor does it require a specific medical indication of child abuse or neglect; any reasonable suspicion is sufficient. For purposes of this article, the pregnancy of a minor does not, in and of itself, constitute a basis for a reasonable suspicion of sexual abuse.
(2)The agency shall be notified and a report shall be prepared and sent, faxed, or electronically transmitted even if the child has expired, regardless of whether or not the possible abuse was a factor contributing to the death, and even if suspected child abuse was discovered during an autopsy.
(3)A report made by a mandated reporter pursuant to this section shall be known as a mandated report.
(b)If, after reasonable efforts, a mandated reporter is unable to submit an initial report by telephone, he or she shall immediately or as soon as is practicably possible, by fax or electronic transmission, make a one-time automated written report on the form prescribed by the Department of Justice, and shall also be available to respond to a telephone followup call by the agency with which he or she filed the report. A mandated reporter who files a one-time automated written report because he or she was unable to submit an initial report by telephone is not required to submit a written followup report.
(1)The one-time automated written report form prescribed by the Department of Justice shall be clearly identifiable so that it is not mistaken for a standard written followup report. In addition, the automated one-time report shall contain a section that allows the mandated reporter to state the reason the initial telephone call was not able to be completed. The reason for the submission of the one-time automated written report in lieu of the procedure prescribed in subdivision (a) shall be captured in the Child Welfare Services/Case Management System (CWS/CMS). The department shall work with stakeholders to modify reporting forms and the CWS/CMS as is necessary to accommodate the changes enacted by these provisions.
(2)This subdivision shall not become operative until the CWS/CMS is updated to capture the information prescribed in this subdivision.
(3)This subdivision shall become inoperative three years after this subdivision becomes operative or on January 1, 2009, whichever occurs first.
(4)On the inoperative date of these provisions, a report shall be submitted to the counties and the Legislature by the State Department of Social Services that reflects the data collected from automated one-time reports indicating the reasons stated as to why the automated one-time report was filed in lieu of the initial telephone report.
(5)Nothing in this section shall supersede the requirement that a mandated reporter first attempt to make a report via telephone, or that agencies specified in Section 11165.9 accept reports from mandated reporters and other persons as required.
(c)A mandated reporter who fails to report an incident of known or reasonably suspected child abuse or neglect as required by this section is guilty of a misdemeanor punishable by up to six months confinement in a county jail or by a fine of one thousand dollars ($1,000) or by both that imprisonment and fine. If a mandated reporter intentionally conceals his or her failure to report an incident known by the mandated reporter to be abuse or severe neglect under this section, the failure to report is a continuing offense until an agency specified in Section 11165.9 discovers the offense.
(d)(1)A clergy member who acquires knowledge or a reasonable suspicion of child abuse or neglect during a penitential communication is not subject to subdivision (a). For the purposes of this subdivision, penitential communication means a communication, intended to be in confidence, including, but not limited to, a sacramental confession, made to a clergy member who, in the course of the discipline or practice of his or her church, denomination, or organization, is authorized or accustomed to hear those communications, and under the discipline, tenets, customs, or practices of his or her church, denomination, or organization, has a duty to keep those communications secret.
(2)Nothing in this subdivision shall be construed to modify or limit a clergy members duty to report known or suspected child abuse or neglect when the clergy member is acting in some other capacity that would otherwise make the clergy member a mandated reporter.
(3)(A)On or before January 1, 2004, a clergy member or any custodian of records for the clergy member may report to an agency specified in Section 11165.9 that the clergy member or any custodian of records for the clergy member, prior to January 1, 1997, in his or her professional capacity or within the scope of his or her employment, other than during a penitential communication, acquired knowledge or had a reasonable suspicion that a child had been the victim of sexual abuse and that the clergy member or any custodian of records for the clergy member did not previously report the abuse to an agency specified in Section 11165.9. The provisions of Section 11172 shall apply to all reports made pursuant to this paragraph.
(B)This paragraph shall apply even if the victim of the known or suspected abuse has reached the age of majority by the time the required report is made.
(C)The local law enforcement agency shall have jurisdiction to investigate any report of child abuse made pursuant to this paragraph even if the report is made after the victim has reached the age of majority.
(e)(1)A commercial film, photographic print, or image processor who has knowledge of or observes, within the scope of his or her professional capacity or employment, any film, photograph, videotape, negative, slide, or any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image depicting a child under 16 years of age engaged in an act of sexual conduct, shall, immediately or as soon as practicably possible, telephonically report the instance of suspected abuse to the law enforcement agency located in the county in which the images are seen. Within 36 hours of receiving the information concerning the incident, the reporter shall prepare and send, fax, or electronically transmit a written followup report of the incident with a copy of the image or material attached.
(2)A commercial computer technician who has knowledge of or observes, within the scope of his or her professional capacity or employment, any representation of information, data, or an image, including, but not limited to, any computer hardware, computer software, computer file, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image that is retrievable in perceivable form and that is intentionally saved, transmitted, or organized on an electronic medium, depicting a child under 16 years of age engaged in an act of sexual conduct, shall immediately, or as soon as practicably possible, telephonically report the instance of suspected abuse to the law enforcement agency located in the county in which the images or materials are seen. As soon as practicably possible after receiving the information concerning the incident, the reporter shall prepare and send, fax, or electronically transmit a written followup report of the incident with a brief description of the images or materials.
(3)For purposes of this article, commercial computer technician includes an employee designated by an employer to receive reports pursuant to an established reporting process authorized by subparagraph (B) of paragraph (43) of subdivision (a) of Section 11165.7.
(4)As used in this subdivision, electronic medium includes, but is not limited to, a recording, CD-ROM, magnetic disk memory, magnetic tape memory, CD, DVD, thumbdrive, or any other computer hardware or media.
(5)As used in this subdivision, sexual conduct means any of the following:
(A)Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals.
(B)Penetration of the vagina or rectum by any object.
(C)Masturbation for the purpose of sexual stimulation of the viewer.
(D)Sadomasochistic abuse for the purpose of sexual stimulation of the viewer.
(E)Exhibition of the genitals, pubic, or rectal areas of a person for the purpose of sexual stimulation of the viewer.
(f)Any mandated reporter who knows or reasonably suspects that the home or institution in which a child resides is unsuitable for the child because of abuse or neglect of the child shall bring the condition to the attention of the agency to which, and at the same time as, he or she makes a report of the abuse or neglect pursuant to subdivision (a).
(g)Any other person who has knowledge of or observes a child whom he or she knows or reasonably suspects has been a victim of child abuse or neglect may report the known or suspected instance of child abuse or neglect to an agency specified in Section 11165.9. For purposes of this section, any other person includes a mandated reporter who acts in his or her private capacity and not in his or her professional capacity or within the scope of his or her employment.
(h)When two or more persons, who are required to report, jointly have knowledge of a known or suspected instance of child abuse or neglect, and when there is agreement among them, the telephone report may be made by a member of the team selected by mutual agreement and a single report may be made and signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report.
(i)(1)The reporting duties under this section are individual, and no supervisor or administrator may impede or inhibit the reporting duties, and no person making a report shall be subject to any sanction for making the report. However, internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established provided that they are not inconsistent with this article. An internal policy shall not direct an employee to allow his or her supervisor to file or process a mandated report under any circumstances.
(2)The internal procedures shall not require any employee required to make reports pursuant to this article to disclose his or her identity to the employer.
(3)Reporting the information regarding a case of possible child abuse or neglect to an employer, supervisor, school principal, school counselor, coworker, or other person shall not be a substitute for making a mandated report to an agency specified in Section 11165.9.
(j)(1)A county probation or welfare department shall immediately, or as soon as practicably possible, report by telephone, fax, or electronic transmission to the law enforcement agency having jurisdiction over the case, to the agency given the responsibility for investigation of cases under Section 300 of the Welfare and Institutions Code, and to the district attorneys office every known or suspected instance of child abuse or neglect, as defined in Section 11165.6, except acts or omissions coming within subdivision (b) of Section 11165.2, or reports made pursuant to Section 11165.13 based on risk to a child that relates solely to the inability of the parent to provide the child with regular care due to the parents substance abuse, which shall be reported only to the county welfare or probation department. A county probation or welfare department also shall send, fax, or electronically transmit a written report thereof within 36 hours of receiving the information concerning the incident to any agency to which it makes a telephone report under this subdivision.
(2)A county probation or welfare department shall immediately, and in no case in more than 24 hours, report to the law enforcement agency having jurisdiction over the case after receiving information that a child or youth who is receiving child welfare services has been identified as the victim of commercial sexual exploitation, as defined in subdivision (d) of Section 11165.1.
(3)When a child or youth who is receiving child welfare services and who is reasonably believed to be the victim of, or is at risk of being the victim of, commercial sexual exploitation, as defined in Section 11165.1, is missing or has been abducted, the county probation or welfare department shall immediately, or in no case later than 24 hours from receipt of the information, report the incident to the appropriate law enforcement authority for entry into the National Crime Information Center database of the Federal Bureau of Investigation and to the National Center for Missing and Exploited Children.
(k)A law enforcement agency shall immediately, or as soon as practicably possible, report by telephone, fax, or electronic transmission to the agency given responsibility for investigation of cases under Section 300 of the Welfare and Institutions Code and to the district attorneys office every known or suspected instance of child abuse or neglect reported to it, except acts or omissions coming within subdivision (b) of Section 11165.2, which shall be reported only to the county welfare or probation department. A law enforcement agency shall report to the county welfare or probation department every known or suspected instance of child abuse or neglect reported to it which is alleged to have occurred as a result of the action of a person responsible for the childs welfare, or as the result of the failure of a person responsible for the childs welfare to adequately protect the minor from abuse when the person responsible for the childs welfare knew or reasonably should have known that the minor was in danger of abuse. A law enforcement agency also shall send, fax, or electronically transmit a written report thereof within 36 hours of receiving the information concerning the incident to any agency to which it makes a telephone report under this subdivision.
SEC. 3.SEC. 5.Section 10605.5 of the Welfare and Institutions Code is amended to read:10605.5.(a)(1)The department, in consultation with counties and labor organizations, shall establish, no later than January 1, 2016, a process to receive voluntary disclosures from social workers, if a social worker has reasonable cause to believe that a policy, procedure, or practice, related to the provision of child welfare services by a county child welfare agency, meets any of the following conditions:
(A)Endangers the health or well-being of a child or children.
(B)Is contrary to existing statute or regulation.
(C)Is contrary to public policy.
(2)Notwithstanding any other law, the department shall not disclose to any person or entity the identity of a social worker making a disclosure described in paragraph (1), unless (A) the social worker has consented to the disclosure or (B) there is an immediate risk to the health and safety of a child.
(b)The department shall make available a description of the process established pursuant to subdivision (a) to counties and labor organizations.
(c)For purposes of this section, county child welfare agency includes a county welfare department, child welfare department, and any other county agency that employs social workers and is responsible for the placement and supervision of children and youth in foster care, including department social workers contracted by counties to perform direct adoption services.
(d)(1)No later than January 1, 2018, the department shall report to the Legislature only the following information:
(A)The total number of relevant disclosures received from social workers, including the month and year the disclosure was received.
(B)A summary description of both of the following:
(i)The issues raised in the disclosures received from a social worker.
(ii)The actions taken by the department in response to the disclosures.
(2)No later than January 1, 2018, the department shall post on its Internet Web site the information described in paragraph (1).
(3)The report required pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(e)(1)Effective January 1, 2018, all of the duties imposed on the department pursuant to subdivisions (a) and (b) shall apply with respect to the receipt of voluntary disclosures from social workers employed at a foster family agency, as defined in Section 1502 of the Health and Safety Code, including, but not limited to, disclosures from social workers who have reasonable cause to believe that a policy, procedure, or practice violates paragraph (1) or (2) of subdivision (i) of Section 11166 of the Penal Code.
(2)No later than July 1, 2019, the department shall report to the Legislature only the following information:
(A)The total number of relevant disclosures received from social workers employed at foster family agencies, including the month and year the disclosure was received.
(B)A summary description of both of the following:
(i)The issues raised in the disclosures received from a social worker.
(ii)The actions taken by the department in response to the disclosures.
(3)No later than July 1, 2019, the department shall post on its Internet Web site the information described in paragraph (1).
(4)The report required pursuant to paragraph (2) shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 6.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The department shall deny an application for, or suspend or revoke, any license, or any special permit, certificate of approval, or administrator certificate, issued under this chapter, or shall deny a transfer of a license pursuant to paragraph (2) of subdivision (c) of Section 1524, upon a finding that the applicant or licensee has impeded or inhibited mandated reporting duties within the meaning of subdivision (i) of Section 11166 of the Penal Code, or sanctioned a person making a report within the meaning of that subdivision, or required an employee to disclose his or her identity to the employer in violation of that subdivision.
SEC. 2.Section 1554 of the Health and Safety Code is amended to read:1554.Any license, registration, or special permit suspended pursuant to this chapter, and any special permit revoked pursuant to this chapter, may be reinstated pursuant to the provisions of Section 11522 of the Government Code. This section does not apply to a license, registration, or special permit that is suspended or to a special permit that is revoked pursuant to Section 1550.1.
SEC. 3.SECTION 1.Section 1556.5 is added to the Health and Safety Code, to read:1556.5.(a)If the department, as a condition of licensure, requires the chief executive officer or other authorized member of the board of directors and the administrator of a foster family agency to attend an orientation given by the licensing agency that outlines the applicable rules and regulation regulations for operation of a foster family agency, that orientation shall include, but not be limited to, a description of policies, procedures, or practices that violate paragraph (1) or (2) of subdivision (i) of Section 11166 of the Penal Code.
(b)If the department requires, as part of an application for licensure for a foster family agency, a written plan of operation, that plan of operation shall include a written plan establishing policies, procedures, or practices to ensure that the foster family agency does not violate paragraph (1) or (2) of subdivision (i) of Section 11166 of the Penal Code.
(c)For purposes of this section, a foster family agency is defined in paragraph (4) of subdivision (a) of Section 1502.
SEC. 2.Section 1558 of the Health and Safety Code is amended to read:1558.(a)The department may prohibit any person from being a member of the board of directors, an executive director, or an officer of a licensee, or a licensee from employing, or continuing the employment of, or allowing in a licensed facility or certified family home, or allowing contact with clients of a licensed facility or certified family home by, any employee, prospective employee, or person who is not a client who has:
(1)Violated, or aided or permitted the violation by any other person of, any provisions of this chapter or of any rules or regulations promulgated under this chapter.
(2)Engaged in conduct that is inimical to the health, morals, welfare, or safety of either the people of this state or an individual in or receiving services from the facility or certified family home.
(3)Been denied an exemption to work or to be present in a facility or certified family home, when that person has been convicted of a crime as defined in Section 1522.
(4)Engaged in any other conduct that would constitute a basis for disciplining a licensee or certified family home.
(5)Engaged in acts of financial malfeasance concerning the operation of a facility or certified family home, including, but not limited to, improper use or embezzlement of client moneys and property or fraudulent appropriation for personal gain of facility moneys and property, or willful or negligent failure to provide services.
(b)The excluded person, the facility or certified family home, and the licensee shall be given written notice of the basis of the departments action and of the excluded persons right to an appeal. The notice shall be served either by personal service or by registered mail. Within 15 days after the department serves the notice, the excluded person may file with the department a written appeal of the exclusion order. If the excluded person fails to file a written appeal within the prescribed time, the departments action shall be final.
(c)(1)The department may require the immediate removal of a member of the board of directors, an executive director, or an officer of a licensee or exclusion of an employee, prospective employee, or person who is not a client from a facility or certified family home pending a final decision of the matter, when, in the opinion of the director, the action is necessary to protect residents or clients from physical or mental abuse, abandonment, or any other substantial threat to their health or safety.
(2)If the department requires the immediate removal of a member of the board of directors, an executive director, or an officer of a licensee or exclusion of an employee, prospective employee, or person who is not a client from a facility or certified family home, the department shall serve an order of immediate exclusion upon the excluded person that shall notify the excluded person of the basis of the departments action and of the excluded persons right to a hearing.
(3)Within 15 days after the department serves an order of immediate exclusion, the excluded person may file a written appeal of the exclusion with the department. The departments action shall be final if the excluded person does not appeal the exclusion within the prescribed time. The department shall do the following upon receipt of a written appeal:
(A)Within 30 days of receipt of the appeal, serve an accusation upon the excluded person.
(B)Within 60 days of receipt of a notice of defense pursuant to Section 11506 of the Government Code by the excluded person to conduct a hearing on the accusation.
(4)An order of immediate exclusion of the excluded person from the facility or certified family home shall remain in effect until the hearing is completed and the director has made a final determination on the merits. However, the order of immediate exclusion shall be deemed vacated if the director fails to make a final determination on the merits within 60 days after the original hearing has been completed.
(d)An excluded person who files a written appeal with the department pursuant to this section shall, as part of the written request, provide his or her current mailing address. The excluded person shall subsequently notify the department in writing of any change in mailing address, until the hearing process has been completed or terminated.
(e)Hearings held pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Division 3 of Title 2 of the Government Code. The standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department.
(f)The department may institute or continue a disciplinary proceeding against a member of the board of directors, an executive director, or an officer of a licensee or an employee, prospective employee, or person who is not a client upon any ground provided by this section. The department may enter an order prohibiting any person from being a member of the board of directors, an executive director, or an officer of a licensee or prohibiting the excluded persons employment or presence in the facility or certified family home, or otherwise take disciplinary action against the excluded person, notwithstanding any resignation, withdrawal of employment application, or change of duties by the excluded person, or any discharge, failure to hire, or reassignment of the excluded person by the licensee or that the excluded person no longer has contact with clients at the facility or certified family home.
(g)A licensees or certified family homes failure to comply with the departments exclusion order after being notified of the order shall be grounds for disciplining the licensee pursuant to Section 1550.
(h)(1)(A)In cases where the excluded person appealed the exclusion order, the person shall be prohibited from working in any facility or being licensed to operate any facility licensed by the department or from being a certified foster parent for the remainder of the excluded persons life, unless otherwise ordered by the department.
(B)The excluded individual may petition for reinstatement one year after the effective date of the decision and order of the department upholding the exclusion order pursuant to Section 11522 of the Government Code. The department shall provide the excluded person with a copy of Section 11522 of the Government Code with the decision and order.
(2)(A)In cases where the department informed the excluded person of his or her right to appeal the exclusion order and the excluded person did not appeal the exclusion order, the person shall be prohibited from working in any facility or being licensed to operate any facility licensed by the department or a certified foster parent for the remainder of the excluded persons life, unless otherwise ordered by the department.
(B)The excluded individual may petition for reinstatement after one year has elapsed from the date of the notification of the exclusion order pursuant to Section 11522 of the Government Code. The department shall provide the excluded person with a copy of Section 11522 of the Government Code with the exclusion order.
(i)Notwithstanding paragraph (2) of subdivision (a) or subdivision (c) of Section 1550, the department shall take reasonable action, including, but not limited to, prohibiting a person from being a member of the board of directors, an executive director, or an officer of a licensee of a licensed facility or certified family home, or denying an application for, or suspending or revoking, a license, special permit, certificate of approval, or administrator certificate, issued under this chapter, or denying a transfer of a license pursuant to paragraph (2) of subdivision (c) of Section 1524, upon a finding of a violation of subdivision (i) of Section 11166 of the Penal Code.
SEC. 4.SEC. 3.Section 10605.5 of the Welfare and Institutions Code is amended to read:10605.5.(a)(1)The department, in consultation with counties and labor organizations, shall establish, no later than January 1, 2016, a process to receive voluntary disclosures from social workers, if a social worker has reasonable cause to believe that a policy, procedure, or practice, related to the provision of child welfare services by a county child welfare agency, meets any of the following conditions:
(A)Endangers the health or well-being of a child or children.
(B)Is contrary to existing statute or regulation.
(C)Is contrary to public policy.
(2)Notwithstanding any other law, the department shall not disclose to any person or entity the identity of a social worker making a disclosure described in paragraph (1), unless (A) the social worker has consented to the disclosure or (B) there is an immediate risk to the health and safety of a child.
(b)The department shall make available a description of the process established pursuant to subdivision (a) to counties and labor organizations.
(c)For purposes of this section, county child welfare agency includes a county welfare department, child welfare department, and any other county agency that employs social workers and is responsible for the placement and supervision of children and youth in foster care, including department social workers contracted by counties to perform direct adoption services.
(d)(1)No later than January 1, 2018, the department shall report to the Legislature only the following information:
(A)The total number of relevant disclosures received from social workers, including the month and year the disclosure was received.
(B)A summary description of both of the following:
(i)The issues raised in the disclosures received from a social worker.
(ii)The actions taken by the department in response to the disclosures.
(2)No later than January 1, 2018, the department shall post on its Internet Web site the information described in paragraph (1).
(3)The report required pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(e)(1)Effective January 1, 2018, all of the duties imposed on the department pursuant to subdivisions (a) and (b) shall apply with respect to the receipt of voluntary disclosures from social workers employed at a foster family agency, as defined in Section 1502 of the Health and Safety Code, including, but not limited to, disclosures from social workers who have reasonable cause to believe that a policy, procedure, or practice violates paragraph (1) or (2) of subdivision (i) of Section 11166 of the Penal Code.
(2)No later than July 1, 2019, the department shall report to the Legislature only the following information:
(A)The total number of relevant disclosures received from social workers employed at foster family agencies, including the month and year the disclosure was received.
(B)A summary description of both of the following:
(i)The issues raised in the disclosures received from a social worker.
(ii)The actions taken by the department in response to the disclosures.
(3)No later than July 1, 2019, the department shall post on its Internet Web site the information described in paragraph (1).
(4)The report required pursuant to paragraph (2) shall be submitted in compliance with Section 9795 of the Government Code.
The department shall deny an application for, or suspend or revoke, any license, or any special permit, certificate of approval, or administrator certificate, issued under this chapter, or shall deny a transfer of a license pursuant to paragraph (2) of subdivision (c) of Section 1524, upon a finding that the applicant or licensee has impeded or inhibited mandated reporting duties within the meaning of subdivision (i) of Section 11166 of the Penal Code, or sanctioned a person making a report within the meaning of that subdivision, or required an employee to disclose his or her identity to the employer in violation of that subdivision.
SEC. 2.Section 1554 of the Health and Safety Code is amended to read:1554.Any license, registration, or special permit suspended pursuant to this chapter, and any special permit revoked pursuant to this chapter, may be reinstated pursuant to the provisions of Section 11522 of the Government Code. This section does not apply to a license, registration, or special permit that is suspended or to a special permit that is revoked pursuant to Section 1550.1.
SEC. 3.Section 1556.5 is added to the Health and Safety Code, to read:1556.5.(a)If the department, as a condition of licensure, requires the chief executive officer or other authorized member of the board of directors and the administrator of a foster family agency to attend an orientation given by the licensing agency that outlines the applicable rules and regulation for operation of a foster family agency, that orientation shall include, but not be limited to, a description of policies, procedures, or practices that violate paragraph (1) or (2) of subdivision (i) of Section 11166 of the Penal Code.
(b)If the department requires, as part of an application for licensure for a foster family agency, a written plan of operation, that plan of operation shall include a written plan establishing policies, procedures, or practices to ensure that the foster family agency does not violate paragraph (1) or (2) of subdivision (i) of Section 11166 of the Penal Code.
(c)For purposes of this section, a foster family agency is defined in paragraph (4) of subdivision (a) of Section 1502.
SEC. 4.Section 10605.5 of the Welfare and Institutions Code is amended to read:10605.5.(a)(1)The department, in consultation with counties and labor organizations, shall establish, no later than January 1, 2016, a process to receive voluntary disclosures from social workers, if a social worker has reasonable cause to believe that a policy, procedure, or practice, related to the provision of child welfare services by a county child welfare agency, meets any of the following conditions:
(A)Endangers the health or well-being of a child or children.
(B)Is contrary to existing statute or regulation.
(C)Is contrary to public policy.
(2)Notwithstanding any other law, the department shall not disclose to any person or entity the identity of a social worker making a disclosure described in paragraph (1), unless (A) the social worker has consented to the disclosure or (B) there is an immediate risk to the health and safety of a child.
(b)The department shall make available a description of the process established pursuant to subdivision (a) to counties and labor organizations.
(c)For purposes of this section, county child welfare agency includes a county welfare department, child welfare department, and any other county agency that employs social workers and is responsible for the placement and supervision of children and youth in foster care, including department social workers contracted by counties to perform direct adoption services.
(d)(1)No later than January 1, 2018, the department shall report to the Legislature only the following information:
(A)The total number of relevant disclosures received from social workers, including the month and year the disclosure was received.
(B)A summary description of both of the following:
(i)The issues raised in the disclosures received from a social worker.
(ii)The actions taken by the department in response to the disclosures.
(2)No later than January 1, 2018, the department shall post on its Internet Web site the information described in paragraph (1).
(3)The report required pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(e)(1)Effective January 1, 2018, all of the duties imposed on the department pursuant to subdivisions (a) and (b) shall apply with respect to the receipt of voluntary disclosures from social workers employed at a foster family agency, as defined in Section 1502 of the Health and Safety Code, including, but not limited to, disclosures from social workers who have reasonable cause to believe that a policy, procedure, or practice violates paragraph (1) or (2) of subdivision (i) of Section 11166 of the Penal Code.
(2)No later than July 1, 2019, the department shall report to the Legislature only the following information:
(A)The total number of relevant disclosures received from social workers employed at foster family agencies, including the month and year the disclosure was received.
(B)A summary description of both of the following:
(i)The issues raised in the disclosures received from a social worker.
(ii)The actions taken by the department in response to the disclosures.
(3)No later than July 1, 2019, the department shall post on its Internet Web site the information described in paragraph (1).
(4)The report required pursuant to paragraph (2) shall be submitted in compliance with Section 9795 of the Government Code.
SECTION 1.Section 11166 of the Penal Code is amended to read:11166.(a)Except as provided in subdivision (d), and in Section 11166.05, a mandated reporter shall make a report to an agency specified in Section 11165.9 whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. The mandated reporter shall make an initial report by telephone to the agency immediately or as soon as is practicably possible, and shall prepare and send, fax, or electronically transmit a written followup report within 36 hours of receiving the information concerning the incident. The mandated reporter may include with the report any nonprivileged documentary evidence the mandated reporter possesses relating to the incident.
(1)For purposes of this article, reasonable suspicion means that it is objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a reasonable person in a like position, drawing, when appropriate, on his or her training and experience, to suspect child abuse or neglect. Reasonable suspicion does not require certainty that child abuse or neglect has occurred nor does it require a specific medical indication of child abuse or neglect; any reasonable suspicion is sufficient. For purposes of this article, the pregnancy of a minor does not, in and of itself, constitute a basis for a reasonable suspicion of sexual abuse.
(2)The agency shall be notified and a report shall be prepared and sent, faxed, or electronically transmitted even if the child has expired, regardless of whether or not the possible abuse was a factor contributing to the death, and even if suspected child abuse was discovered during an autopsy.
(3)A report made by a mandated reporter pursuant to this section shall be known as a mandated report.
(b) If, after reasonable efforts, a mandated reporter is unable to submit an initial report by telephone, he or she shall immediately or as soon as is practicably possible, by fax or electronic transmission, make a one-time automated written report on the form prescribed by the Department of Justice, and shall also be available to respond to a telephone followup call by the agency with which he or she filed the report. A mandated reporter who files a one-time automated written report because he or she was unable to submit an initial report by telephone is not required to submit a written followup report.
(1)The one-time automated written report form prescribed by the Department of Justice shall be clearly identifiable so that it is not mistaken for a standard written followup report. In addition, the automated one-time report shall contain a section that allows the mandated reporter to state the reason the initial telephone call was not able to be completed. The reason for the submission of the one-time automated written report in lieu of the procedure prescribed in subdivision (a) shall be captured in the Child Welfare Services/Case Management System (CWS/CMS). The department shall work with stakeholders to modify reporting forms and the CWS/CMS as is necessary to accommodate the changes enacted by these provisions.
(2)This subdivision shall not become operative until the CWS/CMS is updated to capture the information prescribed in this subdivision.
(3)This subdivision shall become inoperative three years after this subdivision becomes operative or on January 1, 2009, whichever occurs first.
(4)On the inoperative date of these provisions, a report shall be submitted to the counties and the Legislature by the State Department of Social Services that reflects the data collected from automated one-time reports indicating the reasons stated as to why the automated one-time report was filed in lieu of the initial telephone report.
(5)Nothing in this section shall supersede the requirement that a mandated reporter first attempt to make a report via telephone, or that agencies specified in Section 11165.9 accept reports from mandated reporters and other persons as required.
(c) A mandated reporter who fails to report an incident of known or reasonably suspected child abuse or neglect as required by this section is guilty of a misdemeanor punishable by up to six months confinement in a county jail or by a fine of one thousand dollars ($1,000) or by both that imprisonment and fine. If a mandated reporter intentionally conceals his or her failure to report an incident known by the mandated reporter to be abuse or severe neglect under this section, the failure to report is a continuing offense until an agency specified in Section 11165.9 discovers the offense.
(d) (1)A clergy member who acquires knowledge or a reasonable suspicion of child abuse or neglect during a penitential communication is not subject to subdivision (a). For the purposes of this subdivision, penitential communication means a communication, intended to be in confidence, including, but not limited to, a sacramental confession, made to a clergy member who, in the course of the discipline or practice of his or her church, denomination, or organization, is authorized or accustomed to hear those communications, and under the discipline, tenets, customs, or practices of his or her church, denomination, or organization, has a duty to keep those communications secret.
(2)Nothing in this subdivision shall be construed to modify or limit a clergy members duty to report known or suspected child abuse or neglect when the clergy member is acting in some other capacity that would otherwise make the clergy member a mandated reporter.
(3)(A)On or before January 1, 2004, a clergy member or any custodian of records for the clergy member may report to an agency specified in Section 11165.9 that the clergy member or any custodian of records for the clergy member, prior to January 1, 1997, in his or her professional capacity or within the scope of his or her employment, other than during a penitential communication, acquired knowledge or had a reasonable suspicion that a child had been the victim of sexual abuse and that the clergy member or any custodian of records for the clergy member did not previously report the abuse to an agency specified in Section 11165.9. The provisions of Section 11172 shall apply to all reports made pursuant to this paragraph.
(B)This paragraph shall apply even if the victim of the known or suspected abuse has reached the age of majority by the time the required report is made.
(C)The local law enforcement agency shall have jurisdiction to investigate any report of child abuse made pursuant to this paragraph even if the report is made after the victim has reached the age of majority.
(e) (1)A commercial film, photographic print, or image processor who has knowledge of or observes, within the scope of his or her professional capacity or employment, any film, photograph, videotape, negative, slide, or any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image depicting a child under 16 years of age engaged in an act of sexual conduct, shall, immediately or as soon as practicably possible, telephonically report the instance of suspected abuse to the law enforcement agency located in the county in which the images are seen. Within 36 hours of receiving the information concerning the incident, the reporter shall prepare and send, fax, or electronically transmit a written followup report of the incident with a copy of the image or material attached.
(2)A commercial computer technician who has knowledge of or observes, within the scope of his or her professional capacity or employment, any representation of information, data, or an image, including, but not limited to, any computer hardware, computer software, computer file, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image that is retrievable in perceivable form and that is intentionally saved, transmitted, or organized on an electronic medium, depicting a child under 16 years of age engaged in an act of sexual conduct, shall immediately, or as soon as practicably possible, telephonically report the instance of suspected abuse to the law enforcement agency located in the county in which the images or material are seen. As soon as practicably possible after receiving the information concerning the incident, the reporter shall prepare and send, fax, or electronically transmit a written followup report of the incident with a brief description of the images or materials.
(3)For purposes of this article, commercial computer technician includes an employee designated by an employer to receive reports pursuant to an established reporting process authorized by subparagraph (B) of paragraph (43) of subdivision (a) of Section 11165.7.
(4)As used in this subdivision, electronic medium includes, but is not limited to, a recording, CD-ROM, magnetic disk memory, magnetic tape memory, CD, DVD, thumbdrive, or any other computer hardware or media.
(5)As used in this subdivision, sexual conduct means any of the following:
(A)Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals.
(B)Penetration of the vagina or rectum by any object.
(C)Masturbation for the purpose of sexual stimulation of the viewer.
(D)Sadomasochistic abuse for the purpose of sexual stimulation of the viewer.
(E)Exhibition of the genitals, pubic, or rectal areas of a person for the purpose of sexual stimulation of the viewer.
(f) Any mandated reporter who knows or reasonably suspects that the home or institution in which a child resides is unsuitable for the child because of abuse or neglect of the child shall bring the condition to the attention of the agency to which, and at the same time as, he or she makes a report of the abuse or neglect pursuant to subdivision (a).
(g) Any other person who has knowledge of or observes a child whom he or she knows or reasonably suspects has been a victim of child abuse or neglect may report the known or suspected instance of child abuse or neglect to an agency specified in Section 11165.9. For purposes of this section, any other person includes a mandated reporter who acts in his or her private capacity and not in his or her professional capacity or within the scope of his or her employment.
(h) When two or more persons, who are required to report, jointly have knowledge of a known or suspected instance of child abuse or neglect, and when there is agreement among them, the telephone report may be made by a member of the team selected by mutual agreement and a single report may be made and signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report.
(i) (1)The reporting duties under this section are individual, and no supervisor or administrator may impede or inhibit the reporting duties, and no person making a report shall be subject to any sanction for making the report. However, internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established provided that they are not inconsistent with this article.
(2)The internal procedures shall not require any employee required to make reports pursuant to this article to disclose his or her identity to the employer.
(3)Reporting the information regarding a case of possible child abuse or neglect to an employer, supervisor, school principal, school counselor, coworker, or other person shall not be a substitute for making a mandated report to an agency specified in Section 11165.9.
(j) A county probation or welfare department shall immediately, or as soon as practicably possible, report by telephone, fax, or electronic transmission to the law enforcement agency having jurisdiction over the case, to the agency given the responsibility for investigation of cases under Section 300 of the Welfare and Institutions Code, and to the district attorneys office every known or suspected instance of child abuse or neglect, as defined in Section 11165.6, except acts or omissions coming within subdivision (b) of Section 11165.2, or reports made pursuant to Section 11165.13 based on risk to a child which relates solely to the inability of the parent to provide the child with regular care due to the parents substance abuse, which shall be reported only to the county welfare or probation department. A county probation or welfare department also shall send, fax, or electronically transmit a written report thereof within 36 hours of receiving the information concerning the incident to any agency to which it makes a telephone report under this subdivision.
(k) A law enforcement agency shall immediately, or as soon as practicably possible, report by telephone, fax, or electronic transmission to the agency given responsibility for investigation of cases under Section 300 of the Welfare and Institutions Code and to the district attorneys office every known or suspected instance of child abuse or neglect reported to it, except acts or omissions coming within subdivision (b) of Section 11165.2, which shall be reported only to the county welfare or probation department. A law enforcement agency shall report to the county welfare or probation department every known or suspected instance of child abuse or neglect reported to it which is alleged to have occurred as a result of the action of a person responsible for the childs welfare, or as the result of the failure of a person responsible for the childs welfare to adequately protect the minor from abuse when the person responsible for the childs welfare knew or reasonably should have known that the minor was in danger of abuse. A law enforcement agency also shall send, fax, or electronically transmit a written report thereof within 36 hours of receiving the information concerning the incident to any agency to which it makes a telephone report under this subdivision.
(l)A person shall not impede or interfere with the making of a report of suspected child abuse or neglect required under this section. A person who intentionally impedes or interferes with a report of suspected child abuse or neglect being made is guilty of a misdemeanor, and may be liable for actual damages sustained by a victim of child abuse or neglect for any abuse or neglect that occurs after the person impeded or interfered with the report being made.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Except as provided in subdivision (d), and in Section 11166.05, a mandated reporter shall make a report to an agency specified in Section 11165.9 whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. The mandated reporter shall make an initial report by telephone to the agency immediately or as soon as is practicably possible, and shall prepare and send, fax, or electronically transmit a written followup report within 36 hours of receiving the information concerning the incident. The mandated reporter may include with the report any nonprivileged documentary evidence the mandated reporter possesses relating to the incident.
(1)For purposes of this article, reasonable suspicion means that it is objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a reasonable person in a like position, drawing, when appropriate, on his or her training and experience, to suspect child abuse or neglect. Reasonable suspicion does not require certainty that child abuse or neglect has occurred nor does it require a specific medical indication of child abuse or neglect; any reasonable suspicion is sufficient. For purposes of this article, the pregnancy of a minor does not, in and of itself, constitute a basis for a reasonable suspicion of sexual abuse.
(2)The agency shall be notified and a report shall be prepared and sent, faxed, or electronically transmitted even if the child has expired, regardless of whether or not the possible abuse was a factor contributing to the death, and even if suspected child abuse was discovered during an autopsy.
(3)A report made by a mandated reporter pursuant to this section shall be known as a mandated report.
(b) If, after reasonable efforts, a mandated reporter is unable to submit an initial report by telephone, he or she shall immediately or as soon as is practicably possible, by fax or electronic transmission, make a one-time automated written report on the form prescribed by the Department of Justice, and shall also be available to respond to a telephone followup call by the agency with which he or she filed the report. A mandated reporter who files a one-time automated written report because he or she was unable to submit an initial report by telephone is not required to submit a written followup report.
(1)The one-time automated written report form prescribed by the Department of Justice shall be clearly identifiable so that it is not mistaken for a standard written followup report. In addition, the automated one-time report shall contain a section that allows the mandated reporter to state the reason the initial telephone call was not able to be completed. The reason for the submission of the one-time automated written report in lieu of the procedure prescribed in subdivision (a) shall be captured in the Child Welfare Services/Case Management System (CWS/CMS). The department shall work with stakeholders to modify reporting forms and the CWS/CMS as is necessary to accommodate the changes enacted by these provisions.
(2)This subdivision shall not become operative until the CWS/CMS is updated to capture the information prescribed in this subdivision.
(3)This subdivision shall become inoperative three years after this subdivision becomes operative or on January 1, 2009, whichever occurs first.
(4)On the inoperative date of these provisions, a report shall be submitted to the counties and the Legislature by the State Department of Social Services that reflects the data collected from automated one-time reports indicating the reasons stated as to why the automated one-time report was filed in lieu of the initial telephone report.
(5)Nothing in this section shall supersede the requirement that a mandated reporter first attempt to make a report via telephone, or that agencies specified in Section 11165.9 accept reports from mandated reporters and other persons as required.
(c) A mandated reporter who fails to report an incident of known or reasonably suspected child abuse or neglect as required by this section is guilty of a misdemeanor punishable by up to six months confinement in a county jail or by a fine of one thousand dollars ($1,000) or by both that imprisonment and fine. If a mandated reporter intentionally conceals his or her failure to report an incident known by the mandated reporter to be abuse or severe neglect under this section, the failure to report is a continuing offense until an agency specified in Section 11165.9 discovers the offense.
(d) (1)A clergy member who acquires knowledge or a reasonable suspicion of child abuse or neglect during a penitential communication is not subject to subdivision (a). For the purposes of this subdivision, penitential communication means a communication, intended to be in confidence, including, but not limited to, a sacramental confession, made to a clergy member who, in the course of the discipline or practice of his or her church, denomination, or organization, is authorized or accustomed to hear those communications, and under the discipline, tenets, customs, or practices of his or her church, denomination, or organization, has a duty to keep those communications secret.
(2)Nothing in this subdivision shall be construed to modify or limit a clergy members duty to report known or suspected child abuse or neglect when the clergy member is acting in some other capacity that would otherwise make the clergy member a mandated reporter.
(3)(A)On or before January 1, 2004, a clergy member or any custodian of records for the clergy member may report to an agency specified in Section 11165.9 that the clergy member or any custodian of records for the clergy member, prior to January 1, 1997, in his or her professional capacity or within the scope of his or her employment, other than during a penitential communication, acquired knowledge or had a reasonable suspicion that a child had been the victim of sexual abuse and that the clergy member or any custodian of records for the clergy member did not previously report the abuse to an agency specified in Section 11165.9. The provisions of Section 11172 shall apply to all reports made pursuant to this paragraph.
(B)This paragraph shall apply even if the victim of the known or suspected abuse has reached the age of majority by the time the required report is made.
(C)The local law enforcement agency shall have jurisdiction to investigate any report of child abuse made pursuant to this paragraph even if the report is made after the victim has reached the age of majority.
(e) (1)A commercial film, photographic print, or image processor who has knowledge of or observes, within the scope of his or her professional capacity or employment, any film, photograph, videotape, negative, slide, or any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image depicting a child under 16 years of age engaged in an act of sexual conduct, shall, immediately or as soon as practicably possible, telephonically report the instance of suspected abuse to the law enforcement agency located in the county in which the images are seen. Within 36 hours of receiving the information concerning the incident, the reporter shall prepare and send, fax, or electronically transmit a written followup report of the incident with a copy of the image or material attached.
(2)A commercial computer technician who has knowledge of or observes, within the scope of his or her professional capacity or employment, any representation of information, data, or an image, including, but not limited to, any computer hardware, computer software, computer file, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image that is retrievable in perceivable form and that is intentionally saved, transmitted, or organized on an electronic medium, depicting a child under 16 years of age engaged in an act of sexual conduct, shall immediately, or as soon as practicably possible, telephonically report the instance of suspected abuse to the law enforcement agency located in the county in which the images or material are seen. As soon as practicably possible after receiving the information concerning the incident, the reporter shall prepare and send, fax, or electronically transmit a written followup report of the incident with a brief description of the images or materials.
(3)For purposes of this article, commercial computer technician includes an employee designated by an employer to receive reports pursuant to an established reporting process authorized by subparagraph (B) of paragraph (43) of subdivision (a) of Section 11165.7.
(4)As used in this subdivision, electronic medium includes, but is not limited to, a recording, CD-ROM, magnetic disk memory, magnetic tape memory, CD, DVD, thumbdrive, or any other computer hardware or media.
(5)As used in this subdivision, sexual conduct means any of the following:
(A)Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals.
(B)Penetration of the vagina or rectum by any object.
(C)Masturbation for the purpose of sexual stimulation of the viewer.
(D)Sadomasochistic abuse for the purpose of sexual stimulation of the viewer.
(E)Exhibition of the genitals, pubic, or rectal areas of a person for the purpose of sexual stimulation of the viewer.
(f) Any mandated reporter who knows or reasonably suspects that the home or institution in which a child resides is unsuitable for the child because of abuse or neglect of the child shall bring the condition to the attention of the agency to which, and at the same time as, he or she makes a report of the abuse or neglect pursuant to subdivision (a).
(g) Any other person who has knowledge of or observes a child whom he or she knows or reasonably suspects has been a victim of child abuse or neglect may report the known or suspected instance of child abuse or neglect to an agency specified in Section 11165.9. For purposes of this section, any other person includes a mandated reporter who acts in his or her private capacity and not in his or her professional capacity or within the scope of his or her employment.
(h) When two or more persons, who are required to report, jointly have knowledge of a known or suspected instance of child abuse or neglect, and when there is agreement among them, the telephone report may be made by a member of the team selected by mutual agreement and a single report may be made and signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report.
(i) (1)The reporting duties under this section are individual, and no supervisor or administrator may impede or inhibit the reporting duties, and no person making a report shall be subject to any sanction for making the report. However, internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established provided that they are not inconsistent with this article.
(2)The internal procedures shall not require any employee required to make reports pursuant to this article to disclose his or her identity to the employer.
(3)Reporting the information regarding a case of possible child abuse or neglect to an employer, supervisor, school principal, school counselor, coworker, or other person shall not be a substitute for making a mandated report to an agency specified in Section 11165.9.
(j) A county probation or welfare department shall immediately, or as soon as practicably possible, report by telephone, fax, or electronic transmission to the law enforcement agency having jurisdiction over the case, to the agency given the responsibility for investigation of cases under Section 300 of the Welfare and Institutions Code, and to the district attorneys office every known or suspected instance of child abuse or neglect, as defined in Section 11165.6, except acts or omissions coming within subdivision (b) of Section 11165.2, or reports made pursuant to Section 11165.13 based on risk to a child which relates solely to the inability of the parent to provide the child with regular care due to the parents substance abuse, which shall be reported only to the county welfare or probation department. A county probation or welfare department also shall send, fax, or electronically transmit a written report thereof within 36 hours of receiving the information concerning the incident to any agency to which it makes a telephone report under this subdivision.
(k) A law enforcement agency shall immediately, or as soon as practicably possible, report by telephone, fax, or electronic transmission to the agency given responsibility for investigation of cases under Section 300 of the Welfare and Institutions Code and to the district attorneys office every known or suspected instance of child abuse or neglect reported to it, except acts or omissions coming within subdivision (b) of Section 11165.2, which shall be reported only to the county welfare or probation department. A law enforcement agency shall report to the county welfare or probation department every known or suspected instance of child abuse or neglect reported to it which is alleged to have occurred as a result of the action of a person responsible for the childs welfare, or as the result of the failure of a person responsible for the childs welfare to adequately protect the minor from abuse when the person responsible for the childs welfare knew or reasonably should have known that the minor was in danger of abuse. A law enforcement agency also shall send, fax, or electronically transmit a written report thereof within 36 hours of receiving the information concerning the incident to any agency to which it makes a telephone report under this subdivision.
(l)A person shall not impede or interfere with the making of a report of suspected child abuse or neglect required under this section. A person who intentionally impedes or interferes with a report of suspected child abuse or neglect being made is guilty of a misdemeanor, and may be liable for actual damages sustained by a victim of child abuse or neglect for any abuse or neglect that occurs after the person impeded or interfered with the report being made.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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Date
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Status
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|---|---|
| Aug 18, 2016 | Read third time and amended. Ordered to second reading. |
| May 11, 2016 | Read second time and amended. Re-referred to Com. on PUB. S. |
| Jun 14, 2016 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 14). Re-referred to Com. on APPR. |
| Jun 27, 2016 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| Jun 28, 2016 | Read second time. Ordered to Consent Calendar. |
| Jun 30, 2016 | From Consent Calendar. |
| Jun 30, 2016 | Ordered to third reading. |
| Aug 2, 2016 | Read third time and amended. Ordered to second reading. |
| Aug 3, 2016 | Read second time. Ordered to third reading. |
| May 10, 2016 | From committee: Amend, and do pass as amended and re-refer to Com. on PUB. S. with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (May 10). |
| Aug 19, 2016 | Read second time. Ordered to third reading. |
| Aug 22, 2016 | Read third time. Passed. Ordered to the Assembly. |
| Aug 22, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5237.). |
| Aug 23, 2016 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 25 pursuant to Assembly Rule 77. |
| Aug 25, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 25, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6286.). |
| Sep 1, 2016 | Enrolled and presented to the Governor at 4:30 p.m. |
| Jan 13, 2016 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (January 12). |
| Feb 27, 2015 | From printer. May be heard in committee March 29. |
| Mar 19, 2015 | Referred to Com. on PUB. S. |
| Apr 7, 2015 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Apr 21, 2015 | In committee: Set, second hearing. Hearing canceled at the request of author. |
| Jan 4, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Jan 4, 2016 | Re-referred to Com. on PUB. S. |
| Jan 4, 2016 | Re-referred to Com. on RLS. pursuant to Assembly Rule 96. |
| Jan 5, 2016 | From committee: Be re-referred to Com. on HUM. S. Re-referred. (Ayes 11. Noes 0.) (January 5). Re-referred to Com. on HUM. S. |
| Feb 26, 2015 | Read first time. To print. |
| Jan 14, 2016 | Read second time and amended. |
| Jan 15, 2016 | Re-referred to Com. on APPR. |
| Jan 21, 2016 | From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (January 21). |
| Jan 21, 2016 | Read second time. Ordered to Consent Calendar. |
| Jan 27, 2016 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jan 27, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 3509.) |
| Feb 4, 2016 | Referred to Coms. on HUMAN S. and PUB. S. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 25, 2016 | AB 1001 MAIENSCHEIN Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 22, 2016 | Assembly 3rd Reading AB1001 Maienschein By Hancock | Senate Floor |
Passed |
|
| Jun 14, 2016 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Public Safety |
Passed |
|
| May 10, 2016 | Do pass as amended, but first amend, and re-refer to the Committee on [Public Safety] with the recommendation: To Consent Calendar | Senate Standing Committee on Human Services |
Passed |
|
| Jan 27, 2016 | AB 1001 MAIENSCHEIN Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Jan 21, 2016 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jan 12, 2016 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Human Services |
Passed |
|
| Jan 5, 2016 | Be re-referred to the Committee on [Human Services] | Assembly Standing Committee on Rules |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Board of Behavioral Sciences | ** Support | Aug 22, 2016 |
| California Association Of Private School Organizations | ** Support | Jan 12, 2016 |
| California Attorneys For Criminal Justice | ** Against | Jan 12, 2016 |
| California District Attorneys Association | ** Support | Aug 22, 2016 |
| California Public Defenders Association | ** Against | Jan 12, 2016 |
| California State Sheriffs' Association | ** Support | Jan 12, 2016 |
| Children's Advocacy Institute | ** Support | Aug 22, 2016 |
| Children's Advocacy Institute - sponsor | ** Support | Jan 12, 2016 |
| Crime Victims United California | ** Support | Aug 22, 2016 |
| Junior Leagues of California | ** Support | Jan 12, 2016 |
| LIUNA Locals 777 & 792 | ** Support | Aug 22, 2016 |
| The Child Abuse Prevention Center | ** Support | Aug 22, 2016 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1001
Author:(Maienschein)
As Amended Ver:August 18, 2016
Majority vote
ASSEMBLY: | 78-0 | (January 27, 2016) | SENATE: | 39-0 | (August 22, 2016) |
Original Committee Reference: HUM. S.
SUMMARY: Requires specified actions by the Department of Social Services (DSS) pertaining to the license, special permit, or certificate of a community care facility when the department finds that an administrator or licensee has violated specified mandated reporting laws, expands the definition of "mandated reporter" to include specified board members, and prohibits an organization's internal policy from directing an employee to allow his or her supervisor to file or process a mandated report.
The Senate amendments:
- Require DSS to, by July 1, 2017, develop a notice that contains the telephone number for making a complaint regarding a community care facility or child care facility, and includes information about the prohibition of impeding mandated reports and about the option to make a confidential complaint. Further, require this notice to be posted conspicuously in a prominent area in all foster family agencies.
- Expand the definition of "mandated reporter" to include a board member of an organization, including a foster family agency, whose duties require direct contact with and supervision of children.
- Prohibit an organization's internal policy from directing an employee to allow his or her supervisor to file or process a mandated report under any circumstances.
- Delete provisions requiring DSS to, in consultation with counties and labor organizations, establish by January 1, 2018, a process for voluntary disclosures to DSS if a social worker at a foster family agency has reasonable cause to believe that a policy, procedure, or practice violates the prohibition on impeding or inhibiting a mandated report and specifying information from such voluntary disclosures that the department must report to the Legislature and post on its Internet Web site by July 1, 2019.
- Make chaptering amendments.
EXISTING LAW:
- Establishes the California Community Care Facilities Act to provide for the licensure and regulation of community care facilities. (Health and Safety Code Section (HSC) 1500 et seq.)
- Defines community care facility as any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, individuals with physical disabilities or mental impairments and abused or neglected children. (HSC 1502)
- Requires DSS to conduct unannounced visits of each licensed community care facility, except for foster family homes, and requires that no facility or center be visited less frequently than once every five years. Further requires DSS to conduct annual unannounced visits of licensed facilities under specified circumstances, such as when a licensee is on probation. Additionally requires annual visits of a random sample of at least 20% of facilities and centers not subject to annual inspections for specified circumstances. Increases the minimum number of annual inspections in specified community care facilities beginning January 1, 2017. (HSC 1534)
- Defines a foster family agency as any public agency or private organization engaged in the recruiting, certifying, and training of, and providing professional support to, foster parents, or in finding homes or other places for placement of children for temporary or permanent care who require that level of care. Further requires private foster family agencies to be organized and operated on a nonprofit basis. (HSC 1502(a)(4))
- Authorizes DSS to deny an application for, or suspend or revoke, any license, or any special permit, certificate of approval, or administrator certificate, or deny the transfer of a license issued to a community care facility on certain grounds, including conduct which is inimical to the health, morals, welfare, or safety of either the people of this state or an individual in, or receiving services from, the facility or certified family home. (HSC 1550)
- Establishes the Child Abuse and Neglect Reporting Act (CANRA), for the general purpose of protecting children from abuse and neglect. (Penal Code Section (PC) 11164 et seq.)
- Enumerates categories of mandated reporters of child abuse, including teachers, clergy members, peace officers, licensees, administrators, or employees of a licensed community care facility, social workers, therapists, and other individuals whose professions may or may not include routine interactions with children. (PC 11165.7)
- Requires mandated reporters to report suspected child abuse or neglect to any police department or sheriff's department, county probation department, as specified, or the county welfare department and specifies procedures for the agencies receiving a report to ensure it is transmitted to the proper jurisdiction, when the agency lacks jurisdiction. Prohibits agencies that are required to receive reports of suspected child abuse or neglect from refusing to accept a report from a mandated reporter or other person, as specified, and requires the receiving agency to maintain a record of all reports received. (PC 11165.9)
- Requires a mandated reporter, as defined, to make a report to one of the aforementioned agencies whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom he or she knows or reasonably suspects has been the victim of child abuse or neglect. Requires a mandated reporter to make an initial report by telephone immediately or as soon as is practicably possible, and requires the mandated reporter to prepare and send a written follow-up report via fax or electronic transmission, within 36 hours of receiving the information concerning the incident. (PC 11166(a))
- Provides that mandated reporting duties are individual and prohibits any supervisor or administrator from impeding or inhibiting an individual's reporting duties, and prohibits sanctioning an individual for making a mandated report. (PC 11166(i))
- Provides that no mandated reporter who reports a suspected incident of child abuse or neglect shall be held civilly or criminally liable for any report required or authorized by CANRA. (PC 11172(a))
- Sets forth potential imprisonment and monetary fines for any supervisor or administrator who impedes or inhibits a report of abuse or neglect by a mandated reporter. (PC 11166.01)
- Requires a law enforcement agency to immediately, or as soon as practicably possible, report by telephone, fax, or electronic transmission to the agency given responsibility for investigation of a child welfare services case and to the district attorney's office every known or suspected instance of child abuse or neglect reported to it, as specified. (PC 11166 (k))
- Prohibits an employer, or any person acting on behalf of the employer, from making, adopting, or enforcing any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency, to a person with authority over the employee, or to another employee who has authority to investigate, discover, or correct the violation or noncompliance, or from providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employee's job duties. Further prohibits an employer, or any person acting on behalf of the employer, from retaliating against an employee for having exercised his or her right to disclose such information, as specified. (Labor Code Section (LAB) 1102.5)
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
Community care facilities: The Community Care Licensing Division (CCLD) within the Department of Social Services licenses and regulates a variety of community care facilities, defined as "any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children." There are a number of different types of community care facilities, which include, among others, group homes, foster family agencies, social rehabilitation facilities, adult day programs, adoption agencies, small family homes, transitional shelters, runaway and homeless youth shelters, and enhanced behavioral support homes. CCLD also licenses and regulates child care centers, residential care facilities for the elderly and other facilities. Approximately 73,500 care facilities are licensed by CCLD throughout the state, with the capacity to serve 1.4 million Californians. As of June 2016, there were 241 foster family agencies (FFAs) throughout the state, responsible for 10,916 FFA-certified homes.
Need for this bill: According to the author, "Mandated reporting of child abuse and neglect is a policy designed to protect our children and is the primary way we find out about abused and neglected children. Teachers, county officials, and certain state employees are required to report any suspected case of child abuse or neglect offenses, perpetrated by any person, as defined by the California Penal Code, even if the mandated reporter's supervisor disagrees. It is unacceptable that a supervisor compromises the safety and security of children who need that protection most in order to safeguard his own interests. [This bill] will give the Department of Social Services, which licenses FFAs, more enforcement power to administer current law and will also provide more protections for mandated reporters at these FFAs when they report incidents of child abuse and neglect."
PRIOR LEGISLATION
AB 403 (Stone), Chapter 773, Statutes of 2015, implements Continuum of Care Reform recommendations to better serve children and youth in California's child welfare services system, including accreditation and other requirements for FFAs and other out-of-home placement options for children in the child welfare services system.
AB 1978 (Jones-Sawyer), Chapter 768, Statutes of 2014, among other provisions, requires the Department of Social Services, in consultation with counties and labor organizations, to establish a process to receive voluntary disclosures from county social workers who have reasonable cause to believe that a policy, procedure, or practice related to the provision of child welfare services by a county child welfare agency endangers the health or well-being of a child. The bill also sets forth certain reporting requirements for the department related to voluntary disclosures that are consistent with this bill, and authorizes a county child welfare social worker to comment on a child fatality once certain documents have been released from the child's case file. A hotline for social workers was established on January 4, 2016, to meet the voluntary disclosure process requirements.
Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089 FN: 0004877
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1001 |
THIRD READING
Bill No: AB 1001
Amended: 8/18/16 in Senate
SENATE HUMAN SERVICES COMMITTEE: 5-0, 5/10/16
AYES: McGuire, Berryhill, Hancock, Liu, Nguyen
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/14/16
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 78-0, 1/27/16 (Consent) - See last page for vote
SUBJECT: Child abuse: reporting: foster family agencies
SOURCE: Children’s Advocacy Institute
DIGEST: This bill requires that if the California Department of Social Services (CDSS), as a condition of licensure, requires officials of a foster family agency (FFA) to attend an orientation, then the orientation shall include specified information about the state’s mandated reporter statutes. This bill requires CDSS to take action if a supervisor is found to inhibit reporting duties, as specified, and requires the department to develop a notice about complaint reporting and require the notice be posted in all foster family agencies, as specified. This bill additionally expands the definition of a mandated reporter to include a board member of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency.
Senate Floor Amendments of 8/18/16 resolve chaptering conflicts with AB 1997 (Stone).
Senate Floor Amendments of 8/2/16 add a requirement to create and post publicly a notice about interfering with mandated reporting; and delete required reports to the Legislature.
ANALYSIS:
Existing law:
- Establishes the California Community Care Facilities Act to provide for the licensure and regulation of community care facilities. (HSC 1500, et seq.)
- Defines a foster family agency to mean any public agency or private organization engaged in the recruiting, certifying, and training of, and providing professional support to, foster parents, or in finding homes or other places for placement of children for temporary or permanent care who require that level of care. Requires private foster family agencies to be organized and operated on a nonprofit basis. (HSC 1502 (a)(4))
- Permits CDSS to deny an application for, or suspend or revoke, any license, or any special permit, certificate of approval, or administrator certificate, for the violation of rules or regulations governing Community Care Facilities, as specified. (HSC 1550)
- Permits CDSS to prohibit any person from being a member of the board of directors, an executive director, or an officer of a licensee, who has violated rules or regulations, engaged in conduct that is inimical to health, morals, welfare or safety of the clients or others, been denied an exemption to work in the facility, or other violations. (HSC 1558)
- Establishes within the Child Abuse and Neglect Reporting Act, the requirement for 44 specified categories of persons who work with children to report suspected abuse or neglect, as well as other individuals whose professions or volunteer work may include routine interactions with children. (PC 11165.7)
- Requires mandated reporters to make a report of suspected abuse or neglect to a specified law enforcement agency or county child welfare department, prohibits agencies that are required to receive reports from refusing to accept a report and requires the receiving agency to maintain a record of all reports received. (PC 11165.9)
- Requires that a mandated reporter who in his or her professional capacity knows or reasonably suspects a child has been the victim of child abuse or neglect that the mandated reporter must make an initial report by telephone to the agency immediately or as soon as is practicably possible, and shall prepare and send a written follow-up report within 36 hours of receiving the information about the incident, as specified. (PC 11166)
- Establishes that failure of a mandated reporter to report an incident of known or reasonably suspected child abuse or neglect is guilty of a misdemeanor punishable by up to six months confinement in a county jail or by a fine of one thousand dollars ($1,000) or by both. (PC 11166 (c))
- Specifies that mandated reporting duties are individual, and prohibits any supervisor or administrator from impeding or inhibiting the reporting duties; and specifies that no person making a report shall be subject to any sanction for making the report, but permits internal procedures to facilitate reporting and apprise supervisors of reports to be established. (PC 11166 (i))
- Establishes sanctions for any supervisor who impedes or inhibits reporting duties, as specified, of not more than six months in a county jail, by a fine of up to $1,000, or by both. Establishes sanctions for any mandated reporter who willfully fails to report abuse or neglect, or any person who impedes or inhibits a report of abuse or neglect, where that abuse or neglect results in death or great bodily injury, of not more than one year in a county jail, by a fine of up to $5,000, or by both. (PC 11166.01)
- Prohibits an employer from making, adopting or enforcing any rule, regulation or policy preventing an employee from disclosing information to a government or law enforcement agency, as specified, or from retaliating against an employee who discloses such information, as specified. (LAB 1102.5)
This bill:
- Requires CDSS to develop a notice no later than July 1, 2017, that contains the telephone number for making complaints against a community care or child care facility, provides information about the prohibition against impeding mandated reporting and provides information about the option to make a confidential complaint.
- Requires the notice be posted conspicuously in a prominent area in all foster family agencies.
- Adds a new section to the health and safety code to require that any orientation required by CDSS for a chief executive officer or other authorized member of the board of directors and the administrator of a foster family agency must include a description of policies, procedures, or practices that violate the mandated reporting sections of state law, as specified.
- Adds an additional requirement that it include a written plan establishing policies, procedures and practices, if a written plan of operation is required as part of an application for licensure of an FFA, to ensure that the FFA does not violate the state’s mandated reporter laws, as specified.
- Requires CDSS to take reasonable action upon finding a violation of the mandated reporter statute, including, but not limited to, prohibiting a person from being a member of the board of directors, an executive director, or an officer of a licensee of a licensed facility or certified family home, or denying an application for, or suspending or revoking, a license, special permit, certificate of approval, or administrator certificate, or other penalties, as specified.
- Adds to the list of mandated reporters a board member of a public or private agency, and specifies that the public or private agency may include an FFA.
- Prohibits an internal policy that permits notification to supervisors of the filing of a mandated report from directing an employee to allow his or her supervisor to file or process a mandated report under any circumstances.
- Includes chaptering amendments that resolve conflicting language in AB 1997 (Stone).
Background
This bill adds training for FFA administrators to include information about the state’s mandated reporting laws and the criminal and administrative sanctions that exist for social workers and administrators who fail to report.
Foster Care. California’s county-based child welfare system is designed to protect children at risk of child abuse and neglect or exploitation by providing intensive services to families to allow children to remain in their homes, or by arranging temporary or permanent placement of the child in the safest and least restrictive environment possible. It is the legal “parent” for children in the foster care system. Approximately 62,000 children were under the custody of the child welfare system as of October 2015, according to the state’s child welfare case management system. About 45,000 children were in out-of-home placements in 2016, according to data released by CDSS with the Governor’s budget. Of those, approximately 14,000 are placed with FFAs.
Foster Family Agencies. The state licenses a variety of foster home options for children who are determined to need out-of-home care. Children with more intensive needs may be instead referred to an FFA, which is a licensed, private, nonprofit organization that recruits and trains foster parents. Foster parents in an FFA are certified by the FFA rather than being licensed as foster parents by the county. FFAs are responsible for providing professional support to the foster parents and children, including regular monitoring and oversight of the families they certify to ensure they are meeting the needs of the children who are placed with them. As of June 2015, there were 242 FFAs statewide with 11,034 FFA-certified homes.
Child Abuse. Nationally, an estimated 1,520 children died from abuse and neglect in 2013, according to data from the National Child Abuse and Neglect Data System (NCANDS). The U.S. Administration on Children and Families translates this to a rate of 2.04 children per 100,000 children in the general population and an average of four children dying every day from abuse or neglect. NCANDS defines “child fatality” as the death of a child caused by an injury resulting from abuse or neglect or where abuse or neglect was a contributing factor. [Child maltreatment 2013. U.S. Department of Health and Human Services, Administration for Children and Families, Administration on Children, Youth and Families, Children’s Bureau, 2015.]
In FFY 2013, an estimated 679,000 children were victims of abuse and neglect, or a rate of 9.1 victims per 1,000 children in the population, and or 1,860 victims per day. More than one-quarter of the victims were younger than three years and one in five were between three and five years old.
Mandated Reporters. California’s mandated reporter statutes require that certain categories of professionals who observe, have knowledge of, or reasonably suspect a child has been the victim of child abuse or neglect to make an immediate report to a law enforcement agency. The statute defines what constitutes reasonable suspicion and lists 44 specific categories of employees that are defined as mandated reporters, including teachers, coaches, child care workers, social workers and probation officers, firefighters, specific medical personnel, commercial film and photographic image processors, and others. Mandated reporters must be trained in identifying suspected abuse or neglect and on reporting requirements.
The penalty for a mandated reporter who fails to report an incident in a timely manner is up to six months in jail and a fine of up to $1,000, or both. The punishment for a mandated reporter who either willfully fails to report or who impedes or inhibits a report of abuse or neglect – where the abuse or neglect results in the death or great bodily injury of a child – is up to one year in a county jail, or a fine of not more than $5,000, or both.
While state statute specifies that the reporting duties are individual and that no supervisor or administrator may impede or inhibit the reporting duties and no person making a report shall be subject to any sanction for making the report, it permits internal procedures to be established to facilitate reporting and apprise supervisors and administrators of reports that will be filed. (PC 11166(i)). The bill’s sponsor, Children’s Advocacy Institute, argues that this permission has resulted in the privately run FFAs establishing policies that require social workers to forward reports to administrators for submission.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
SUPPORT: (Verified 8/18/16)
Children’s Advocacy Institute (source)
Board of Behavioral Sciences
California District Attorneys Association
Crime Victims United California
LIUNA Locals 777 & 792
The California State PTA
The Child Abuse Prevention Center
The County Welfare Directors Association of California
OPPOSITION: (Verified 8/18/16)
None received
ARGUMENTS IN SUPPORT: The bill’s sponsor, the Children’s Advocacy Institute (CAI), writes that while individual mandated reporters face stiff penalties for failing to report, there have been reports of social workers who have been directed to forward mandated reports to the supervisor for official filing or for approval, which is not forthcoming. CAI states that this bill provides statutory clarification that impeding or interfering with a mandated report is prohibited, and requires administrators of FFAs who are already receiving training to be informed about this prohibition. “It is no exaggeration to observe that mandated reporting is a life or death matter for California’s children,” the sponsor writes.
ASSEMBLY FLOOR: 78-0, 1/27/16
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Mathis
Prepared by: Mareva Brown / HUMAN S. / (916) 651-1524
8/19/16 18:49:17
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1001 |
THIRD READING
Bill No: AB 1001
Amended: 8/2/16 in Senate
SENATE HUMAN SERVICES COMMITTEE: 5-0, 5/10/16
AYES: McGuire, Berryhill, Hancock, Liu, Nguyen
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/14/16
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 78-0, 1/27/16 (Consent) - See last page for vote
SUBJECT: Child abuse: reporting: foster family agencies
SOURCE: Children’s Advocacy Institute
DIGEST: This bill requires that if the California Department of Social Services (CDSS), as a condition of licensure, requires officials of a foster family agency (FFA) to attend an orientation, then the orientation shall include specified information about the state’s mandated reporter statutes. This bill requires CDSS to take action if a supervisor is found to inhibit reporting duties, as specified, requires the department to develop a notice about complaint reporting and require the notice be posted in all foster family agencies, as specified. This bill additionally expands the definition of a mandated reporter to include a board member of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency.
Senate Floor Amendments of 8/2/16 add a requirement to create and post publicly a notice about interfering with mandated reporting; and delete required reports to the Legislature.
ANALYSIS:
Existing law:
- Establishes the California Community Care Facilities Act to provide for the licensure and regulation of community care facilities. (HSC 1500, et seq.)
- Defines a foster family agency to mean any public agency or private organization engaged in the recruiting, certifying, and training of, and providing professional support to, foster parents, or in finding homes or other places for placement of children for temporary or permanent care who require that level of care. Requires private foster family agencies to be organized and operated on a nonprofit basis. (HSC 1502 (a)(4))
- Permits CDSS to deny an application for, or suspend or revoke, any license, or any special permit, certificate of approval, or administrator certificate, for the violation of rules or regulations governing Community Care Facilities, as specified. (HSC 1550)
- Permits CDSS to prohibit any person from being a member of the board of directors, an executive director, or an officer of a licensee, who has violated rules or regulations, engaged in conduct that is inimical to health, morals, welfare or safety of the clients or others, been denied an exemption to work in the facility, or other violations. (HSC 1558)
- Establishes within the Child Abuse and Neglect Reporting Act, the requirement for 44 specified categories of persons who work with children to report suspected abuse or neglect, as well as other individuals whose professions or volunteer work may include routine interactions with children. (PC 11165.7)
- Requires mandated reporters to make a report of suspected abuse or neglect to a specified law enforcement agency or county child welfare department, prohibits agencies that are required to receive reports from refusing to accept a report and requires the receiving agency to maintain a record of all reports received. (PC 11165.9)
- Requires that a mandated reporter who in his or her professional capacity knows or reasonably suspects a child has been the victim of child abuse or neglect that the mandated reporter must make an initial report by telephone to the agency immediately or as soon as is practicably possible, and shall prepare and send a written follow-up report within 36 hours of receiving the information about the incident, as specified. (PC 11166)
- Establishes that failure of a mandated reporter to report an incident of known or reasonably suspected child abuse or neglect is guilty of a misdemeanor punishable by up to six months confinement in a county jail or by a fine of one thousand dollars ($1,000) or by both. (PC 11166 (c))
- Specifies that mandated reporting duties are individual, and prohibits any supervisor or administrator from impeding or inhibiting the reporting duties; and specifies that no person making a report shall be subject to any sanction for making the report, but permits internal procedures to facilitate reporting and apprise supervisors of reports to be established. (PC 11166 (i))
- Establishes sanctions for any supervisor who impedes or inhibits reporting duties, as specified, of not more than six months in a county jail, by a fine of up to $1,000, or by both. Establishes sanctions for any mandated reporter who willfully fails to report abuse or neglect, or any person who impedes or inhibits a report of abuse or neglect, where that abuse or neglect results in death or great bodily injury, of not more than one year in a county jail, by a fine of up to $5,000, or by both. (PC 11166.01)
- Prohibits an employer from making, adopting or enforcing any rule, regulation or policy preventing an employee from disclosing information to a government or law enforcement agency, as specified, or from retaliating against an employee who discloses such information, as specified. (LAB 1102.5)
This bill:
- Requires CDSS to develop a notice no later than July 1, 2017, that contains the telephone number for making complaints against a community care or child care facility, provides information about the prohibition against impeding mandated reporting and provides information about the option to make a confidential complaint.
- Requires the notice be posted conspicuously in a prominent area in all foster family agencies.
- Adds a new section to the health and safety code to require that any orientation required by CDSS for a chief executive officer or other authorized member of the board of directors and the administrator of a foster family agency must include a description of policies, procedures, or practices that violate the mandated reporting sections of state law, as specified.
- Adds an additional requirement that it include a written plan establishing policies, procedures and practices, if a written plan of operation is required as part of an application for licensure of an FFA, to ensure that the FFA does not violate the state’s mandated reporter laws, as specified.
- Requires CDSS to take reasonable action upon finding a violation of the mandated reporter statute, including, but not limited to, prohibiting a person from being a member of the board of directors, an executive director, or an officer of a licensee of a licensed facility or certified family home, or denying an application for, or suspending or revoking, a license, special permit, certificate of approval, or administrator certificate, or other penalties, as specified.
- Adds to the list of mandated reporters a board member of a public or private agency, and specifies that the public or private agency may include an FFA.
- Prohibits an internal policy that permits notification to supervisors of the filing of a mandated report from directing an employee to allow his or her supervisor to file or process a mandated report under any circumstances.
Background
This bill adds training for FFA administrators to include information about the state’s mandated reporting laws and the criminal and administrative sanctions that exist for social workers and administrators who fail to report.
Foster Care. California’s county-based child welfare system is designed to protect children at risk of child abuse and neglect or exploitation by providing intensive services to families to allow children to remain in their homes, or by arranging temporary or permanent placement of the child in the safest and least restrictive environment possible. It is the legal “parent” for children in the foster care system. Approximately 62,000 children were under the custody of the child welfare system as of October 2015, according to the state’s child welfare case management system. About 45,000 children were in out-of-home placements in 2016, according to data released by CDSS with the Governor’s budget. Of those, approximately 14,000 are placed with FFAs.
Foster Family Agencies. The state licenses a variety of foster home options for children who are determined to need out-of-home care. Children with more intensive needs may be instead referred to an FFA, which is a licensed, private, nonprofit organization that recruits and trains foster parents. Foster parents in an FFA are certified by the FFA rather than being licensed as foster parents by the county. FFAs are responsible for providing professional support to the foster parents and children, including regular monitoring and oversight of the families they certify to ensure they are meeting the needs of the children who are placed with them. As of June 2015, there were 242 FFAs statewide with 11,034 FFA-certified homes.
Child Abuse. Nationally, an estimated 1,520 children died from abuse and neglect in 2013, according to data from the National Child Abuse and Neglect Data System (NCANDS). The U.S. Administration on Children and Families translates this to a rate of 2.04 children per 100,000 children in the general population and an average of four children dying every day from abuse or neglect. NCANDS defines “child fatality” as the death of a child caused by an injury resulting from abuse or neglect or where abuse or neglect was a contributing factor. [Child maltreatment 2013. U.S. Department of Health and Human Services, Administration for Children and Families, Administration on Children, Youth and Families, Children’s Bureau, 2015.]
In FFY 2013, an estimated 679,000 children were victims of abuse and neglect, or a rate of 9.1 victims per 1,000 children in the population, and or 1,860 victims per day. More than one-quarter of the victims were younger than three years and one in five were between three and five years old.
Mandated Reporters. California’s mandated reporter statutes require that certain categories of professionals who observe, have knowledge of, or reasonably suspect a child has been the victim of child abuse or neglect to make an immediate report to a law enforcement agency. The statute defines what constitutes reasonable suspicion and lists 44 specific categories of employees that are defined as mandated reporters, including teachers, coaches, child care workers, social workers and probation officers, firefighters, specific medical personnel, commercial film and photographic image processors, and others. Mandated reporters must be trained in identifying suspected abuse or neglect and on reporting requirements.
The penalty for a mandated reporter who fails to report an incident in a timely manner is up to six months in jail and a fine of up to $1,000, or both. The punishment for a mandated reporter who either willfully fails to report or who impedes or inhibits a report of abuse or neglect – where the abuse or neglect results in the death or great bodily injury of a child – is up to one year in a county jail, or a fine of not more than $5,000, or both.
While state statute specifies that the reporting duties are individual and that no supervisor or administrator may impede or inhibit the reporting duties and no person making a report shall be subject to any sanction for making the report, it permits internal procedures to be established to facilitate reporting and apprise supervisors and administrators of reports that will be filed. (PC 11166(i)). The bill’s sponsor, Children’s Advocacy Institute, argues that this permission has resulted in the privately run FFAs establishing policies that require social workers to forward reports to administrators for submission.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
SUPPORT: (Verified 6/29/16)
Children’s Advocacy Institute (source)
Board of Behavioral Sciences
California District Attorneys Association
Crime Victims United California
LIUNA Locals 777 & 792
The California State PTA
The Child Abuse Prevention Center
The County Welfare Directors Association of California
OPPOSITION: (Verified 6/29/16)
None received
ARGUMENTS IN SUPPORT: The bill’s sponsor, the Children’s Advocacy Institute (CAI), writes that while individual mandated reporters face stiff penalties for failing to report, there have been reports of social workers who have been directed to forward mandated reports to the supervisor for official filing or for approval, which is not forthcoming. CAI states that this bill provides statutory clarification that impeding or interfering with a mandated report is prohibited, and requires administrators of FFAs who are already receiving training to be informed about this prohibition. “It is no exaggeration to observe that mandated reporting is a life or death matter for California’s children,” the sponsor writes.
ASSEMBLY FLOOR: 78-0, 1/27/16
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Mathis
Prepared by: Mareva Brown / HUMAN S. / (916) 651-1524
8/3/16 18:45:37
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1001 |
CONSENT
Bill No: AB 1001
Author: Maienschein (R), et al.
Amended: 5/11/16 in Senate
SENATE HUMAN SERVICES COMMITTEE: 5-0, 5/10/16
AYES: McGuire, Berryhill, Hancock, Liu, Nguyen
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/14/16
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 78-0, 1/27/16 (Consent) - See last page for vote
SUBJECT: Child abuse: reporting: foster family agencies
SOURCE: Children’s Advocacy Institute
DIGEST: This bill requires that if the California Department of Social Services (CDSS), as a condition of licensure, requires officials of a foster family agency (FFA) to attend an orientation, then the orientation shall include specified information about the state’s mandated reporter statutes. This bill requires CDSS to take action if a supervisor is found to inhibit reporting duties, as specified, and adds social workers in FFAs to the existing county social worker whistleblower program. This bill additionally expands the definition of a mandated reporter to include a board member of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency.
Existing law:
- Establishes the California Community Care Facilities Act to provide for the licensure and regulation of community care facilities. (HSC 1500, et seq.)
- Defines a foster family agency to mean any public agency or private organization engaged in the recruiting, certifying, and training of, and providing professional support to, foster parents, or in finding homes or other places for placement of children for temporary or permanent care who require that level of care. Requires private foster family agencies to be organized and operated on a nonprofit basis. (HSC 1502 (a)(4))
- Permits CDSS to deny an application for, or suspend or revoke, any license, or any special permit, certificate of approval, or administrator certificate, for the violation of rules or regulations governing Community Care Facilities, as specified. (HSC 1550)
- Permits CDSS to prohibit any person from being a member of the board of directors, an executive director, or an officer of a licensee, who has violated rules or regulations, engaged in conduct that is inimical to health, morals, welfare or safety of the clients or others, been denied an exemption to work in the facility, or other violations. (HSC 1558)
- Establishes within the Child Abuse and Neglect Reporting Act, the requirement for 44 specified categories of persons who work with children to report suspected abuse or neglect, as well as other individuals whose professions or volunteer work may include routine interactions with children. (PC 11165.7)
- Requires mandated reporters to make a report of suspected abuse or neglect to a specified law enforcement agency or county child welfare department, prohibits agencies that are required to receive reports from refusing to accept a report and requires the receiving agency to maintain a record of all reports received. (PC 11165.9)
- Requires that a mandated reporter who in his or her professional capacity knows or reasonably suspects a child has been the victim of child abuse or neglect that the mandated reporter must make an initial report by telephone to the agency immediately or as soon as is practicably possible, and shall prepare and send a written follow-up report within 36 hours of receiving the information about the incident, as specified. (PC 11166)
- Establishes that failure of a mandated reporter to report an incident of known or reasonably suspected child abuse or neglect is guilty of a misdemeanor punishable by up to six months confinement in a county jail or by a fine of one thousand dollars ($1,000) or by both. (PC 11166 (c))
- Specifies that mandated reporting duties are individual, and prohibits any supervisor or administrator from impeding or inhibiting the reporting duties; and specifies that no person making a report shall be subject to any sanction for making the report, but permits internal procedures to facilitate reporting and apprise supervisors of reports to be established. (PC 11166 (i))
- Establishes sanctions for any supervisor who impedes or inhibits reporting duties, as specified, of not more than six months in a county jail, by a fine of up to $1,000, or by both. Establishes sanctions for any mandated reporter who willfully fails to report abuse or neglect, or any person who impedes or inhibits a report of abuse or neglect, where that abuse or neglect results in death or great bodily injury, of not more than one year in a county jail, by a fine of up to $5,000, or by both. (PC 11166.01)
- Prohibits an employer from making, adopting or enforcing any rule, regulation or policy preventing an employee from disclosing information to a government or law enforcement agency, as specified, or from retaliating against an employee who discloses such information, as specified. (LAB 1102.5)
- Requires CDSS to establish a process to receive voluntary disclosures from social workers who believe that a policy, procedure, or practice by a county child welfare agency endangers the health or well-being of a child or children, and is contrary to existing statute or to public policy, as specified. Requires a whistleblower report be provided to the Legislature by January 1, 2018, with the number of disclosures received, a summary of issues raised and departmental actions. (WIC 10605.5)
This bill:
- Adds a new section to the health and safety code to require that any orientation required by CDSS for a chief executive officer or other authorized member of the board of directors and the administrator of a foster family agency must include a description of policies, procedures, or practices that violate the mandated reporting sections of state law, as specified.
- Adds the requirement, if a written plan of operation is required as part of an application for licensure of an FFA, the additional requirement that it include a written plan establishing policies, procedures and practices to ensure that the FFA does not violate the state’s mandated reporter laws, as specified.
- Requires CDSS to take reasonable action, including, but not limited to, prohibiting a person from being a member of the board of directors, an executive director, or an officer of a licensee of a licensed facility or certified family home, or denying an application for, or suspending or revoking, a license, special permit, certificate of approval, or administrator certificate, or other penalties, as specified, upon finding a violation of the mandated reporter statute, as specified.
- Adds to the list of mandated reporters a board member of a public or private agency, and specifies that the public or private agency may include an FFA.
- Prohibits an internal policy that permits notification to supervisors of the filing of a mandated report from directing an employee to allow his or her supervisor to file or process a mandated report under any circumstances.
- Adds to the existing disclosure process for county social workers the requirement that CDSS also receive voluntary whistleblower disclosures from social workers employed at an FFA, as specified, including complaints that the state’s mandatory reporting law has been violated.
- Requires that CDSS report to the Legislature the following no later than July 1, 2019:
- The total number of relevant disclosures received from social workers employed at FFAs including the month and year the disclosure was received.
- A summary description of both the issues raised in the disclosures received from a social worker, and the actions taken by the department in response to the disclosures.
- Requires CDSS report to post information on its Internet Web site no later than July 1, 2019, that defines the whistleblower policy.
Background
This bill adds training for FFA administrators to include information about the state’s mandated reporting laws and the criminal and administrative sanctions that exist for social workers and administrators who fail to report. This bill also expands the state’s existing whistleblower program for county social workers to social workers in the privately run FFAs.
Foster Care. California’s county-based child welfare system is designed to protect children at risk of child abuse and neglect or exploitation by providing intensive services to families to allow children to remain in their homes, or by arranging temporary or permanent placement of the child in the safest and least restrictive environment possible. It is the legal “parent” for children in the foster care system. Approximately 62,000 children were under the custody of the child welfare system as of October 2015, according to the state’s child welfare case management system. About 45,000 children were in out-of-home placements in 2016, according to data released by CDSS with the Governor’s budget. Of those, approximately 14,000 are placed with FFAs.
Foster Family Agencies. The state licenses a variety of foster home options for children who are determined to need out-of-home care. Children with more intensive needs may be instead referred to an FFA, which is a licensed, private, nonprofit organization that recruits and trains foster parents. Foster parents in an FFA are certified by the FFA rather than being licensed as foster parents by the county. FFAs are responsible for providing professional support to the foster parents and children, including regular monitoring and oversight of the families they certify to ensure they are meeting the needs of the children who are placed with them. As of June 2015, there were 242 FFAs statewide with 11,034 FFA-certified homes.
Child Abuse. Nationally, an estimated 1,520 children died from abuse and neglect in 2013, according to data from the National Child Abuse and Neglect Data System (NCANDS). The U.S. Administration on Children and Families translates this to a rate of 2.04 children per 100,000 children in the general population and an average of four children dying every day from abuse or neglect. NCANDS defines “child fatality” as the death of a child caused by an injury resulting from abuse or neglect or where abuse or neglect was a contributing factor. [Child maltreatment 2013. U.S. Department of Health and Human Services, Administration for Children and Families, Administration on Children, Youth and Families, Children’s Bureau, 2015.]
In FFY 2013, an estimated 679,000 children were victims of abuse and neglect, or a rate of 9.1 victims per 1,000 children in the population, and or 1,860 victims per day. More than one-quarter of the victims were younger than three years and one in five were between three and five years old.
Mandated Reporters. California’s mandated reporter statutes require that certain categories of professionals who observe, have knowledge of, or reasonably suspect a child has been the victim of child abuse or neglect to make an immediate report to a law enforcement agency. The statute defines what constitutes reasonable suspicion and lists 44 specific categories of employees that are defined as mandated reporters, including teachers, coaches, child care workers, social workers and probation officers, firefighters, specific medical personnel, commercial film and photographic image processors, and others. Mandated reporters must be trained in identifying suspected abuse or neglect and on reporting requirements.
The penalty for a mandated reporter who fails to report an incident in a timely manner is up to six months in jail and a fine of up to $1,000, or both. The punishment for a mandated reporter who either willfully fails to report or who impedes or inhibits a report of abuse or neglect – where the abuse or neglect results in the death or great bodily injury of a child – is up to one year in a county jail, or a fine of not more than $5,000, or both.
While state statute specifies that the reporting duties are individual and that no supervisor or administrator may impede or inhibit the reporting duties and no person making a report shall be subject to any sanction for making the report, it permits internal procedures to be established to facilitate reporting and apprise supervisors and administrators of reports that will be filed. (PC 11166(i)). The bill’s sponsor, Children’s Advocacy Institute, argues that this permission has resulted in the privately run FFAs establishing policies that require social workers to forward reports to administrators for submission.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
Children’s Advocacy Institute (source)
Board of Behavioral Sciences
California District Attorneys Association
Crime Victims United California
LIUNA Locals 777 & 792
The California State PTA
The Child Abuse Prevention Center
The County Welfare Directors Association of California
OPPOSITION: (Verified 6/29/16)
None received
ARGUMENTS IN SUPPORT: The bill’s sponsor, the Children’s Advocacy Institute (CAI), writes that while individual mandated reporters face stiff penalties for failing to report, there have been reports of social workers who have been directed to forward mandated reports to the supervisor for official filing or for approval, which is not forthcoming. CAI states that this bill provides statutory clarification that impeding or interfering with a mandated report is prohibited, and requires administrators of FFAs who are already receiving training to be informed about this prohibition. “It is no exaggeration to observe that mandated reporting is a life or death matter for California’s children,” the sponsor writes.
ASSEMBLY FLOOR: 78-0, 1/27/16
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Mathis
Prepared by: Mareva Brown / HUMAN S. / (916) 651-1524
6/30/16 8:45:35
**** END ****
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: AB 1001 Hearing Date: June 14, 2016
Author: | Maienschein | ||
Version: | May 11, 2016 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | AA | ||
Subject: Child Abuse: Reporting: Foster Family Agencies
HISTORY
Source: Children’s Advocacy Institute at the University of San Diego School of Law
Prior Legislation: None
Support: Board of Behavioral Sciences; California District Attorneys Association; California Welfare Directors Association of California; Child Abuse Prevention Center; Crime Victims United of California
Opposition: None known
Assembly Floor Vote: 78 - 0
PURPOSE
The purpose of this bill is to 1) require that if the California Department of Social Services (CDSS), as a condition of licensure, requires the specified officials of a foster family agency to attend an orientation, then that orientation shall include a description of policies, procedures, or practices that violate state’s mandated reporter statutes; 2) require CDSS to take reasonable action if a violation is found, as specified; 3) add board members of a public or private organization whose duties require direct contact and supervision of children as mandated child abuse and neglect reporters; 4) add social workers in foster family agencies to the existing county social worker whistleblower program; and 5) require additional legislative reporting, as specified.
Existing law establishes the California Community Care Facilities Act to provide for the licensure and regulation of community care facilities. (Health and Safety Code (“HSC”) § 1500, et seq.)
Existing law defines a foster family agency to mean any public agency or private organization engaged in the recruiting, certifying, and training of, and providing professional support to, foster parents, or in finding homes or other places for placement of children for temporary or permanent care who require that level of care. Requires private foster family agencies to be organized and operated on a nonprofit basis. (HSC § 1502 (a)(4))
Existing law permits the California Department of Social Services (“CDSS”) to deny an application for, or suspend or revoke, any license, or any special permit, certificate of approval, or administrator certificate, for the violation of rules or regulations governing Community Care Facilities, as specified. (HSC § 1550)
Existing law permits CDSS to prohibit any person from being a member of the board of directors, an executive director, or an officer of a licensee, who has violated rules or regulations, engaged in conduct that is inimical to health, morals, welfare or safety of the clients or others, been denied an exemption to work in the facility, or other violations. (HSC 1558)
This bill provides that if CDSS, as a condition of licensure, requires the chief executive officer or other authorized member of the board of directors and the administrator of a foster family agency to attend an orientation given by the licensing agency that outlines the applicable rules and regulations for operation of a foster family agency, that orientation shall include, but not be limited to, a description of policies, procedures, or practices that violate the mandated child abuse and neglect reporting laws, as specified (Penal Code § 11166 (i)(1) or (2)).
This bill provides that if CDSS requires, as part of an application for licensure for a foster family agency, a written plan of operation, that plan of operation shall include a written plan establishing policies, procedures, or practices to ensure that the foster family agency does not violate the mandated child abuse and neglect reporting laws, as specified (Penal Code § 11166 (i)(1) or (2)).
This bill defines a foster family agency by cross-reference, as specified.
This bill provides that CDSS “shall take reasonable action, including, but not limited to, prohibiting a person from being a member of the board of directors, an executive director, or an officer of a licensee of a licensed facility or certified family home, or denying an application for, or suspending or revoking, a license, special permit, certificate of approval, or administrator certificate, issued under this chapter, or denying a transfer of a license pursuant to paragraph (2) of subdivision (c) of Section 1524, upon a finding of a violation of subdivision (i) of Section 11166 of the Penal Code, pertaining to mandated child abuse and neglect reporting laws.
Existing law requires mandated reporters to make a report of suspected abuse or neglect to a specified law enforcement agency or county child welfare department, prohibits agencies that are required to receive reports from refusing to accept a report and requires the receiving agency to maintain a record of all reports received. (Penal Code § 11165.9)
Existing law requires that a mandated reporter who in his or her professional capacity knows or reasonably suspects a child has been the victim of child abuse or neglect that the mandated reporter must make an initial report by telephone to the agency immediately or as soon as is practicably possible, and shall prepare and send a written follow-up report within 36 hours of receiving the information about the incident, as specified. (Penal Code § 11166.)
Existing law establishes within the Child Abuse and Neglect Reporting Act, the requirement for 44 specified categories of persons who work with children to report suspected abuse or neglect, as well as other individuals whose professions or volunteer work may include routine interactions with children. (Penal Code § 11165.7)
This bill adds a board member of a public or private organization whose duties require direct contact and supervision of children, and clarifies that this includes a foster family agency.
Existing law provides that failure of a mandated reporter to report an incident of known or reasonably suspected child abuse or neglect is guilty of a misdemeanor punishable by up to six months confinement in a county jail or by a fine of one thousand dollars ($1,000) or by both that imprisonment and fine. (Penal Code 11166 (c))
Existing law specifies that mandated reporting duties are individual, and prohibits any supervisor or administrator from impeding or inhibiting the reporting duties, and provides that no person making a report shall be subject to any sanction for making the report, but permits internal procedures to facilitate reporting and apprise supervisors and administrators of reports to be established. (Penal Code § 11166 (i))
This bill provides that an “internal policy shall not direct an employee to allow his or her supervisor to file or process a mandated report under any circumstances.”
Existing law requires CDSS to establish a process to receive voluntary disclosures from social workers who believe that a policy, procedure, or practice by a county child welfare agency endangers the health or well-being of a child or children, and is contrary to existing statute or to public policy, as specified. Current law further requires a whistleblower report be provided to the Legislature by January 1, 2018 with the number of disclosures received, a summary of issues raised and departmental actions. (Welfare and Institutions Code § 10605.5.)
This bill provides that effective January 1, 2018, all of the duties imposed on CDSS pertaining to the voluntary disclosures described about “shall apply with respect to the receipt of voluntary disclosures from social workers employed at a foster family agency, as defined in Section 1502 of the Health and Safety Code, including, but not limited to, disclosures from social workers who have reasonable cause to believe that a policy, procedure, or practice violates paragraph (1) or (2) of subdivision (i) of Section 11166 of the Penal Code.”
This bill would require that no later than July 1, 2019, CDSS shall report to the Legislature only the following information:
- The total number of relevant disclosures received from social workers employed at foster family agencies, including the month and year the disclosure was received.
- A summary description of both of the following:
- The issues raised in the disclosures received from a social worker.
- The actions taken by the department in response to the disclosures.
This bill would require that no later than July 1, 2019, the department shall post on its Internet Web site the information described above.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the past several years this Committee has scrutinized legislation referred to its jurisdiction for any potential impact on prison overcrowding. Mindful of the United States Supreme Court ruling and federal court orders relating to the state’s ability to provide a constitutional level of health care to its inmate population and the related issue of prison overcrowding, this Committee has applied its “ROCA” policy as a content-neutral, provisional measure necessary to ensure that the Legislature does not erode progress in reducing prison overcrowding.
On February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows:
- 143% of design bed capacity by June 30, 2014;
- 141.5% of design bed capacity by February 28, 2015; and,
- 137.5% of design bed capacity by February 28, 2016.
In December of 2015 the administration reported that as “of December 9, 2015, 112,510 inmates were housed in the State’s 34 adult institutions, which amounts to 136.0% of design bed capacity, and 5,264 inmates were housed in out-of-state facilities. The current population is 1,212 inmates below the final court-ordered population benchmark of 137.5% of design bed capacity, and has been under that benchmark since February 2015.” (Defendants’ December 2015 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).) One year ago, 115,826 inmates were housed in the State’s 34 adult institutions, which amounted to 140.0% of design bed capacity, and 8,864 inmates were housed in out-of-state facilities. (Defendants’ December 2014 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).)
While significant gains have been made in reducing the prison population, the state must stabilize these advances and demonstrate to the federal court that California has in place the “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14). The Committee’s consideration of bills that may impact the prison population therefore will be informed by the following questions:
- Whether a proposal erodes a measure which has contributed to reducing the prison population;
- Whether a proposal addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy;
- Whether a proposal addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction;
- Whether a proposal corrects a constitutional problem or legislative drafting error; and
- Whether a proposal proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy.
COMMENTS
- Stated Need for This Bill
The author states:
The problem is that FFAs must recruit families to care for foster children. FFAs also depend on county contracts and counties won't like to see if FFAs are recruiting foster parents that commit abuse or neglect. So in order for FFAs to keep their contracts with the counties, supervisors HAVE REFUSED TO PERMIT SOCIAL WORKERS IN THEIR EMPLOY TO FILE MANDATED REPORTS ON FFA FOSTER PARENTS OR FRUSTRATED SUCH EFFORTS KNOWING THAT THE LIKELIHOOD OF THIS LACK OF REPORTING BECOMING A CRIMINAL MATTER IS EXTREMELY REMOTE. THERE MUST BE AN ADDITIONAL CIVIL REMEDY AND FFAS MUST BE MADE AWARE OF IT.
- Background
This bill was first heard in the Senate by the Senate Human Services Committee, which passed the bill (5-0) on May 10, 2016. As that Committee’s analysis explained, nationally, an estimated 1,520 children died from abuse and neglect in 2013, according to data from the National Child Abuse and Neglect Data System (NCANDS). The US Administration on Children and Families translates this to a rate of 2.04 children per 100,000 children in the general population and an average of four children dying every day from abuse or neglect. NCANDS defines “child fatality” as the death of a child caused by an injury resulting from abuse or neglect or where abuse or neglect was a contributing factor.
In FFY 2013, an estimated 679,000 children were victims of abuse and neglect, or a rate of 9.1 victims per 1,000 children in the population, and or 1,860 victims per day. More than one-quarter of the victims were younger than 3 years and one in five were between 3 and 5 years old. The federal government’s has established as its standard that states no more than 0.32 percent of children in foster care should be abused. California met or surpassed that standard in the five years reported, between 2009 and 2013.
California’s county-based child welfare system is designed to protect children at risk of child abuse and neglect or exploitation by providing intensive services to families to allow children to remain in their homes, or by arranging temporary or permanent placement of the child in the safest and least restrictive environment possible. It is the legal “parent” for children in the foster care system. Approximately 62,000 children were under the custody of the child welfare system as of October 2015, according to the state’s child welfare case management system. About 45,000 children were in out-of-home placements in 2016, according to data released by CDSS with the governor’s budget. Of those, approximately 14,000 are placed with Foster Family Agencies.
The state licenses a variety of foster home options for children who are determined to need out-of-home care. A foster family home is typically a private home licensed by a county to provide care. Children with more intensive needs may be instead referred to a foster family agency, which is a licensed, private, nonprofit organization that recruits and trains foster parents. Foster parents in an FFA are certified by the FFA rather than being licensed by the county. FFAs are responsible for providing professional support and case management to the foster parents and children, including regular monitoring and oversight of the FFA’s certified families to ensure they are meeting the needs of the children who are placed with them. As of June 2015, there were 242 FFAs statewide with 11,034 FFA-certified homes.
-- END –
SENATE COMMITTEE ON HUMAN SERVICES
Senator McGuire, Chair
2015 - 2016 Regular
Bill No: AB 1001
Author: | Maienschein | ||
Version: | January 14, 2016 | Hearing Date: | May 10, 2016 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Mareva Brown | ||
Subject: Child abuse: reporting: foster family agencies
SUMMARY
This bill would require that if the California Department of Social Services (CDSS), as a condition of licensure, requires the specified officials of a foster family agency (FFA) to attend an orientation, then that orientation shall include a description of policies, procedures, or practices that violate state’s mandated reporter statutes. The bill would also require CDSS to take reasonable action if a violation is found, as specified. The bill additionally adds social workers in foster family agencies to the existing county social worker whistleblower program, and requires Legislative reporting, as specified.
ABSTRACT
Existing law:
- Establishes the California Community Care Facilities Act to provide for the licensure and regulation of community care facilities. (HSC 1500, et seq.)
- Defines a foster family agency to mean any public agency or private organization engaged in the recruiting, certifying, and training of, and providing professional support to, foster parents, or in finding homes or other places for placement of children for temporary or permanent care who require that level of care. Requires private foster family agencies to be organized and operated on a nonprofit basis. (HSC 1502 (a)(4))
- Permits CDSS to deny an application for, or suspend or revoke, any license, or any special permit, certificate of approval, or administrator certificate, for the violation of rules or regulations governing Community Care Facilities, as specified. (HSC 1550)
- Permits CDSS to prohibit any person from being a member of the board of directors, an executive director, or an officer of a licensee, who has violated rules or regulations, engaged in conduct that is inimical to health, morals, welfare or safety of the clients or others, been denied an exemption to work in the facility, or other violations. (HSC 1558)
- Establishes within the Child Abuse and Neglect Reporting Act, the requirement for 44 specified categories of persons who work with children to report suspected abuse or neglect, as well as other individuals whose professions or volunteer work may include routine interactions with children. (PC 11165.7)
- Requires mandated reporters to make a report of suspected abuse or neglect to a specified law enforcement agency or county child welfare department, prohibits agencies that are required to receive reports from refusing to accept a report and requires the receiving agency to maintain a record of all reports received. (PC 11165.9)
- Requires that a mandated reporter who in his or her professional capacity knows or reasonably suspects a child has been the victim of child abuse or neglect that the mandated reporter must make an initial report by telephone to the agency immediately or as soon as is practicably possible, and shall prepare and send a written follow-up report within 36 hours of receiving the information about the incident, as specified. (PC 11166)
- Establishes that failure of a mandated reporter to report an incident of known or reasonably suspected child abuse or neglect is guilty of a misdemeanor punishable by up to six months confinement in a county jail or by a fine of one thousand dollars ($1,000) or by both that imprisonment and fine. (PC 11166 (c))
- Specifies that mandated reporting duties are individual, and prohibits any supervisor or administrator from impeding or inhibiting the reporting duties. Specifies that no person making a report shall be subject to any sanction for making the report, but permits internal procedures to facilitate reporting and apprise supervisors and administrators of reports to be established. (PC 11166 (i))
- Establishes sanctions for any supervisor who impedes or inhibits reporting duties, as specified, of not more than six months in a county jail, by a fine of not more than one thousand dollars ($1,000), or by both. Additionally establishes sanctions for any mandated reporter who willfully fails to report abuse or neglect, or any person who impedes or inhibits a report of abuse or neglect, where that abuse or neglect results in death or great bodily injury, of not more than one year in a county jail, by a fine of not more than five thousand dollars ($5,000), or by both. (PC 11166.01)
- Prohibits an employer from making, adopting or enforcing any rule, regulation or policy preventing an employee from disclosing information to a government or law enforcement agency, as specified, or from retaliating against an employee who discloses such information, as specified. (LAB 1102.5)
- Requires CDSS to establish a process to receive voluntary disclosures from social workers who believe that a policy, procedure, or practice by a county child welfare agency endangers the health or well-being of a child or children, and is contrary to existing statute or to public policy, as specified. Requires a whistleblower report be provided to the Legislature by January 1, 2018 with the number of disclosures received, a summary of issues raised and departmental actions. (WIC 10605.5)
This bill:
Adds a new section to the health and safety code to require any orientation by CDSS for a chief executive officer or other member of the board of directors and the administrator of a foster family agency include a description of policies, procedures, or practices that violate the mandated reporting sections of state law, as specified.
- Adds to any required written plan of operation that is part of an application for licensure of an FFA the additional requirement of a written plan establishing policies, procedures and practices to ensure that the FFA does not violate the state’s mandated reporter laws, as specified.
- Requires CDSS to take reasonable action, including, but not limited to, prohibiting a person from being a member of the board of directors, an executive director, or an officer of a licensee of a licensed facility, or denying an application for, or suspending or revoking, a license, special permit, certificate of approval, or administrator certificate, or other penalties, as specified, upon a finding of a violation the mandated reporter statute, as specified.
- Adds to the existing disclosure process for county social workers the requirement that CDSS also receive voluntary disclosures from social workers employed at an FFA, as specified, including complaints that the state’s mandatory reporting law has been violated.
- Requires CDSS report to the legislature the following no later than July 1, 2019:
- The total number of relevant disclosures received from social workers employed at FFAs including the month and year the disclosure was received.
- A summary description of both the issues raised in the disclosures received from a social worker, and the actions taken by the department in response to the disclosures.
- Requires CDSS to post the summary information on its Internet Web site no later than July 1, 2019.
FISCAL IMPACT
According to an analysis by the Assembly Appropriations Committee, this bill would incur minor costs to CDSS to provide access to the voluntary disclosure process and to compile the required report to the Legislature.
BACKGROUND AND DISCUSSION
Purpose of the bill:
According to the author, this bill addresses concerns that some Foster Family Agency administrators have kept social workers from making mandated reports to law enforcement agencies about abuse or neglect in foster homes. Because the “likelihood of this lack of reporting becoming a criminal matter is extremely remote, there must be an additional civil remedy and FFA’s must be made aware of it,” the author states.
The bill adds to training for FFA administrators additional information about the state’s mandated reporting laws and the criminal and administrative sanctions that exist for social workers and administrators who fail to report. The bill also expands the state’s existing whistleblower program for county social workers to social workers in the privately run FFAs.
Child abuse
Nationally, an estimated 1,520 children died from abuse and neglect in 2013, according to data from the National Child Abuse and Neglect Data System (NCANDS). The US Administration on Children and Families translates this to a rate of 2.04 children per 100,000 children in the general population and an average of four children dying every day from abuse or neglect. NCANDS defines “child fatality” as the death of a child caused by an injury resulting from abuse or neglect or where abuse or neglect was a contributing factor.[1]
In FFY 2013, an estimated 679,000 children were victims of abuse and neglect, or a rate of 9.1 victims per 1,000 children in the population, and or 1,860 victims per day. More than one-quarter of the victims were younger than 3 years and one in five were between 3 and 5 years old. The federal government’s has established as its standard that states no more than 0.32 percent of children in foster care should be abused. California met or surpassed that standard in the five years reported, between 2009 and 2013.
Foster care
California’s county-based child welfare system is designed to protect children at risk of child abuse and neglect or exploitation by providing intensive services to families to allow children to remain in their homes, or by arranging temporary or permanent placement of the child in the safest and least restrictive environment possible. It is the legal “parent” for children in the foster care system. Approximately 62,000 children were under the custody of the child welfare system as of October 2015, according to the state’s child welfare case management system. About 45,000 children were in out-of-home placements in 2016, according to data released by CDSS with the governor’s budget. Of those, approximately 14,000 are placed with Foster Family Agencies.
Foster Family Agencies (FFAs)
The state licenses a variety of foster home options for children who are determined to need out-of-home care. A foster family home is typically a private home licensed by a county to provide care. Children with more intensive needs may be instead referred to a foster family agency, which is a licensed, private, nonprofit organization that recruits and trains foster parents. Foster parents in an FFA are certified by the FFA rather than being licensed by the county. FFAs are responsible for providing professional support and case management to the foster parents and children, including regular monitoring and oversight of the FFA’s certified families to ensure they are meeting the needs of the children who are placed with them. As of June 2015, there were 242 FFAs statewide with 11,034 FFA-certified homes.
Mandated Reporters
California’s mandated reporter statutes require that certain individuals who, in a professional capacity or within the scope of employment, have knowledge of or observe a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect to make an immediate report to a law enforcement agency, as specified. The statute defines what constitutes reasonable suspicion and lists 44 specific categories of employees that are defined as mandated reporters, including teachers, coaches, child care workers, social workers and probation officers, firefighters, specific medical personnel, commercial film and photographic image processors, and others. It requires that mandated reporters be trained about their responsibilities and duties to report, including specifying that the first report must be made by telephone and a subsequent written report must be made within 36 hours of receiving information about the incident.
The penalty for a mandated reporter who fails to report an incident in a timely manner is up to six months in jail and a fine of up to $1,000, or both. The punishment for a mandated reporter who either willfully fails to report or who impedes or inhibits a report of abuse or neglect – where the abuse or neglect results in the death or great bodily injury of a child – is up to one year in a county jail, or a fine of not more than $5,000, or both.
The statute specifies that the reporting duties are individual and states that no supervisor or administrator may impede or inhibit the reporting duties, and no person making a report shall be subject to any sanction for making the report. However, it permits internal procedures to be established to facilitate reporting and apprise supervisors and administrators of reports that will be filed. (PC 11166(i)). The bill’s sponsor, Children’s Advocacy Institute, argue that this permission has resulted in the privately run FFAs establishing policies that require social workers to forward to reports to administrators for submission.
Related legislation:
AB 403 (Stone, Chapter 773, Statutes of 2015) implements Continuum of Care Reform recommendations to better serve children and youth in California’s child welfare services system, including accreditation and other requirements for FFAs and other out-of-home placement options for children in the child welfare services system.
AB 1978 (Jones-Sawyer Chapter 768, Statutes of 2014) required CDSS to establish a process to receive voluntary disclosures from county social workers that believe that a county policy or practice endangers children, as specified. A hotline for county social workers was established on January 4, 2016 to meet the voluntary disclosure process requirements.
COMMENTS
The bill’s sponsor, the Children’s Advocacy Institute, notes that while state statute specifies process and penalties for an individual mandated reporter who fails to report, it does not specify sanctions for a supervisor who impedes with an investigation or fails to officially submit an employee’s mandated report.
The author may want to clarify that an administrator, board member or employee of an FFA is subject to the same sanction as the social worker who fails to file a mandated report and that a supervisor may not require a social worker to allow the supervisor to file the report.
Staff recommends the following amendments:
Penal Code 11165.7 (a) As used in this article, “mandated reporter” is defined as any of the following:
(1) A teacher.
(2) An instructional aide.
(3) A teacher’s aide or teacher’s assistant employed by a public or private school.
(4) A classified employee of a public school.
(5) An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of a public or private school.
(6) An administrator of a public or private day camp.
(7) An administrator or employee of a public or private youth center, youth recreation program, or youth organization.
(8) An administrator, board member or employee of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency.
(9) An employee of a county office of education or the State Department of Education whose duties bring the employee into contact with children on a regular basis. …
Penal Code 11166 (i) (1) The reporting duties under this section are individual, and no supervisor or administrator may impede or inhibit the reporting duties, and no person making a report shall be subject to any sanction for making the report. However, internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established provided that they are not inconsistent with this article. Under no circumstances may an internal policy direct an employee to allow his or her supervisor to file or process a mandated report.
(2) The internal procedures shall not require any employee required to make reports pursuant to this article to disclose his or her identity to the employer.
(3) Reporting the information regarding a case of possible child abuse or neglect to an employer, supervisor, school principal, school counselor, coworker, or other person shall not be a substitute for making a mandated report to an agency specified in Section 11165.9.
PRIOR VOTES
Assembly Floor: | 78 - 0 |
Assembly Appropriations Committee: | 17 - 0 |
Assembly Rules Committee: | 11 - 0 |
POSITIONS
Support:
Children’s Advocacy Institute (Sponsor)
California District Attorneys Association
Oppose:
None received.
-- END --
Child maltreatment 2013. U.S. Department of Health and Human Services, Administration for Children and Families, Administration on Children, Youth and Families, Children’s Bureau, 2015. ↑
Date of Hearing: January 21, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
ABPCA Bill Id:AB 1001
Author:(Maienschein) – As Amended Ver:January 14, 2016
Policy Committee: | Human Services | Vote: | 7 - 0 |
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY: This bill clarifies and enhances the requirements of the Department of Social Services (DSS) regarding mandatory reporters in community care facilities. Specifically, this bill:
- Clarifies the actions that DSS can take regarding an administrator or supervisor for violating the prohibition on impeding or inhibiting a mandated report of child abuse or neglect in any facility governed by the Community Care Facilities Act.
- Requires an orientation provided to a chief executive officer or other authorized member of the board of directors and the administrator of a foster family agency (FFA) as a condition of DSS licensure, to include a description of the policies, procedures, or practices that violate the prohibition on impeding or inhibiting a mandated report.
- Requires a FFA to include a written plan establishing policies, procedures, or practices to ensure the FFA does not violate the prohibition on impeding or inhibiting mandated reports, if a written plan of operation is required as a part of an application for licensure,
- Allows a FFA social worker, as of January 1, 2018, to access the process for voluntary disclosures to DSS (hotline currently available to county social workers) if the social worker has reasonable cause to believe that a policy, procedure, or practice, violates the prohibition on impeding or inhibiting a mandated report.
- Specifies information from voluntary disclosures that the department must report to the Legislature and post on its Internet Web site by July 1, 2019.
FISCAL EFFECT:
Minor costs to DSS to provide access to the voluntary disclosure process and to compile the required report to the Legislature.
COMMENTS:
- Need for this bill: Supporters, citing anonymous complaints from FFA social workers, assert that safeguards in current law, including the criminal penalties within the Child Abuse and Neglect Reporting Act, as well as employee whistleblower protections, have not proven strong enough to deter an administrator or supervisor from impeding or inhibiting a mandated report. This bill seeks to give social workers in FFAs access to a hotline established for county social workers to voluntarily report process violations. The bill also seeks to minimize violations by including a description of policies, procedures, or practices that are violations of prohibited practices in CEO and administrator licensure orientations. Finally, the bill seeks to ensure that DSS takes action in response to violations.
- Mandated Reporters. Existing law enumerates 44 categories of mandated reporters of child abuse, including teachers, clergy members, peace officers, licensees, administrators, or employees of a licensed community care facility, social workers, therapists, and others. Mandated reporters are required to report suspected child abuse or neglect to any police department or sheriff’s department, county probation department, or the county welfare department. Current law specifies procedures for the agencies receiving a report to ensure it is transmitted to the proper jurisdiction.
A mandated reporter is required to make an initial report by telephone immediately or as soon as is practicably possible, and is required to prepare and send a written follow-up report via fax or electronic transmission, within 36 hours of receiving the information concerning the incident.
Mandated reporting duties are individual, and a supervisor or administrator is prohibited from impeding or inhibiting an individual’s reporting duties and from sanctioning an individual for making a mandated report. Any supervisor or administrator who impedes or inhibits a report of abuse or neglect by a mandated reporter faces potential imprisonment and monetary fines.
- Foster Family Agencies (FFAs): Among the numerous facilities and certified family homes that fall within the Community Care Facilities Act are FFAs, which are licensed, private entities that are used by county placement agencies to place children within the child welfare services system who have intensive care needs. FFAs are charged with recruiting, training, and certifying families to provide homes for children, and they are responsible for providing regular monitoring and oversight of the families they certify to ensure they are able to meet the needs of children who live with them. As of June 2015, there were 242 FFAs throughout the state responsible for 11,034 FFA-certified homes.
- Prior Legislation.
- AB 403 (Stone), Chapter 773, Statutes of 2015, implements Continuum of Care Reform recommendations to better serve children and youth in California’s child welfare services system, including accreditation and other requirements for FFAs and other out-of-home placement options for children in the child welfare services system.
- AB 1978 (Jones-Sawyer), Chapter 768, Statutes of 2014, among other provisions, requires DSS in consultation with counties and labor organizations, to establish a process to receive voluntary disclosures from county social workers who have reasonable cause to believe that a policy, procedure, or practice related to the provision of child welfare services by a county child welfare agency endangers the health or well-being of a child. The bill also sets forth certain reporting requirements for the department related to voluntary disclosures that are consistent with this bill, A hotline for county social workers was established on January 4, 2016 to meet the voluntary disclosure process requirements.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: January 12, 2016
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Kansen Chu, Chair
ABPCA Bill Id:AB 1001 (
Author:Maienschein) – As Amended Ver:January 4, 2016
SUBJECT: Child abuse: reporting: foster family agencies
SUMMARY: Requires specified action by the Department of Social Services pertaining to the license, special permit, or certificate of a community care facility when the department finds that an administrator or licensee has violated specified mandated reporting laws.
Specifically, this bill:
- Requires the Department of Social Services (DSS) to deny an application for, or suspend or revoke, any license, or any special permit, certificate of approval, or administrator certificate, or deny a transfer of a license for a community care facility upon a finding that the applicant or licensee has impeded or inhibited mandated reporting duties of an individual that he or she supervises, has sanctioned that person for making a report, or has required an employee to disclose his or her identity to the employer in violation of current law.
- Prohibits DSS from reinstating a license, registration, or a special permit that is suspended or revoked as a result of a finding that a licensee or administrator has impeded or inhibited a mandated report.
- Requires an orientation provided to a chief executive officer or other authorized member of the board of directors and the administrator of a foster family agency as a condition of DSS licensure, to include, but not be limited to, a description of the policies, procedures, or practices that violate the prohibition in current law on impeding or inhibiting a mandated report. Further requires any plan of operation of a foster family agency to include a written plan establishing policies, procedures, or practices to ensure the foster family agency does not violate this prohibition.
- Allows a foster family agency social worker to, as of January 1, 2018, access the process for voluntary disclosures to DSS that is currently accessible to county social workers, if the social worker has reasonable cause to believe that a policy, procedure, or practice, violates the prohibition on impeding or inhibiting a mandated report and specifies information from such voluntary disclosures, consistent with current requirements for voluntary reports from county social workers, that the department must report to the Legislature and post on its Internet Web site by July 1, 2019.
EXISTING LAW:
- Establishes the California Community Care Facilities Act to provide for the licensure and regulation of community care facilities. (HSC 1500 et seq.)
- Defines community care facility as any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, individuals with physical disabilities or mental impairments and abused or neglected children. (HSC 1502)
- Requires DSS to conduct unannounced visits of each licensed community care facility, except for foster family homes, and requires that no facility or center be visited less frequently than once every five years. Further requires DSS to conduct annual unannounced visits of licensed facilities under specified circumstances, such as when a licensee is on probation. Additionally requires annual visits of a random sample of at least 20% of facilities and centers not subject to annual inspections for specified circumstances. Increases the minimum number of annual inspections in specified community care facilities beginning January 1, 2017. (HSC 1534)
- Defines a foster family agency as any public agency or private organization engaged in the recruiting, certifying, and training of, and providing professional support to, foster parents, or in finding homes or other places for placement of children for temporary or permanent care who require that level of care. Further requires private foster family agencies to be organized and operated on a nonprofit basis. (HSC 1502(a)(4))
- Authorizes DSS to deny an application for, or suspend or revoke, any license, or any special permit, certificate of approval, or administrator certificate, or deny the transfer of a license issued to a community care facility on certain grounds, including conduct which is inimical to the health, morals, welfare, or safety of either the people of this state or an individual in, or receiving services from, the facility or certified family home. (HSC 1550)
- Establishes the Child Abuse and Neglect Reporting Act (CANRA), for the general purpose of protecting children from abuse and neglect. (PC 11164 et seq.)
- Enumerates 44 categories of mandated reporters of child abuse, including teachers, clergy members, peace officers, licensees, administrators, or employees of a licensed community care facility, social workers, therapists, and other individuals whose professions may or may not include routine interactions with children. (PC 11165.7)
- Requires mandated reporters to report suspected child abuse or neglect to any police department or sheriff’s department, county probation department, as specified, or the county welfare department and specifies procedures for the agencies receiving a report to ensure it is transmitted to the proper jurisdiction, when the agency lacks jurisdiction. Prohibits agencies that are required to receive reports of suspected child abuse or neglect from refusing to accept a report from a mandated reporter or other person, as specified, and requires the receiving agency to maintain a record of all reports received. (PC 11165.9)
- Requires a mandated reporter, as defined, to make a report to one of the aforementioned agencies whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom he or she knows or reasonably suspects has been the victim of child abuse or neglect. Requires a mandated reporter to make an initial report by telephone immediately or as soon as is practicably possible, and requires the mandated reporter to prepare and send a written follow-up report via fax or electronic transmission, within 36 hours of receiving the information concerning the incident. (PC 11166(a))
- Provides that mandated reporting duties are individual and prohibits any supervisor or administrator from impeding or inhibiting an individual’s reporting duties, and prohibits sanctioning an individual for making a mandated report. (PC 11166(i))
- Provides that no mandated reporter who reports a suspected incident of child abuse or neglect shall be held civilly or criminally liable for any report required or authorized by CANRA. (PC 11172(a))
- Sets forth potential imprisonment and monetary fines for any supervisor or administrator who impedes or inhibits a report of abuse or neglect by a mandated reporter. (PC 11166.01)
- Requires a law enforcement agency to immediately, or as soon as practicably possible, report by telephone, fax, or electronic transmission to the agency given responsibility for investigation of a child welfare services case and to the district attorney’s office every known or suspected instance of child abuse or neglect reported to it, as specified. (PC 11166 (k))
- Prohibits an employer, or any person acting on behalf of the employer, from making, adopting, or enforcing any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency, to a person with authority over the employee, or to another employee who has authority to investigate, discover, or correct the violation or noncompliance, or from providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employee’s job duties. Further prohibits an employer, or any person acting on behalf of the employer, from retaliating against an employee for having exercised his or her right to disclose such information, as specified. (LAB 1102.5)
FISCAL EFFECT: Unknown
COMMENTS:
Community care facilities: The Community Care Licensing Division (CCLD) within the Department of Social Services licenses and regulates a variety of community care facilities, defined as “any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children.” There are a number of different types of community care facilities, which include, among others, group homes, foster family agencies, social rehabilitation facilities, adult day programs, adoption agencies, small family homes, transitional shelters, runaway and homeless youth shelters, and enhanced behavioral support homes. CCLD also licenses and regulates child care centers, residential care facilities for the elderly and other facilities. Approximately 65,000 care facilities are licensed by CCL throughout the state, with the capacity to serve 1.3 million Californians.
Foster family agencies: Among the numerous facilities and certified family homes that fall within the Community Care Facilities Act are foster family agencies (FFAs), which are licensed, private entities that are used by county placement agencies for the placement of children within the child welfare services system who have intensive care needs. FFAs are charged with recruiting, training, and certifying families to provide homes for children, and they are responsible for providing regular monitoring and oversight of the families they certify to ensure they are able to meet the needs of children who live with them. As of June 2015, there were 242 FFAs throughout the state, responsible for 11,034 FFA-certified homes.
Need for this bill: This bill seeks to ensure DSS takes action with respect to a violation of the prohibition on an administrator or supervisor impeding or inhibiting a mandated report in all facilities and certified family homes that fall under the Community Care Facilities Act, while other provisions of this bill that pertain to information provided during an orientation and social worker access to a voluntary disclosure hotline are specific to FFAs. The sponsor of this bill, Children’s Advocacy Institute (CAI) points to the stories of FFA social workers that have reached out to it and asserts that none of the safeguards in current law, including the criminal penalties within CANRA, as well as employee whistleblower protections, have proven strong enough to deter an administrator or supervisor from impeding or inhibiting a mandated report.
According to the author, “Mandated reporting of child abuse and neglect is a policy designed to protect our children and is the primary way we find out about abused and neglected children. Teachers, county officials, and certain state employees are required to report any suspected case of child abuse or neglect offenses, perpetrated by any person, as defined by the California Penal Code, even if the mandated reporter’s supervisor disagrees. It is unacceptable that a supervisor compromises the safety and security of children who need that protection most in order to safeguard his own interests. [This bill] will give the Department of Social Services, which licenses FFAs, more enforcement power to administer current law and will also provide more protections for mandated reporters at these FFAs when they report incidents of child abuse and neglect.”
Staff comments: While current law grants DSS the authority to take action pertaining to a community care facility’s license when it discovers conduct that is inimical to the health and safety of the individuals served by the facility or certified family home, this bill requires the department to take specific actions with respect to a community care facility’s license when an administrator or licensee is found to have impeded or inhibited a mandated report. This could minimize the department’s flexibility in appropriately addressing the individual or individuals charged with such conduct while it ensures the well-being of, and potentially the continuity of services for, those cared for by the facility or certified family home. Furthermore, this bill does not modify the code section that makes action related to a facility’s license permissive (HSC 1550), thereby placing the requirement to take licensing action in direct conflict with language that will remain in statute.
This bill further impedes the department’s ability to consider all factors and appropriately address instances of malfeasance by eliminating the department’s ability to reinstate any license, registration, or special permit that is suspended or revoked upon finding that a licensee or administrator has violated the prohibition on inhibiting a mandated report. Additionally, it ties the actions required of the department directly to the acts of an administrator or licensee, which could result in, for example, a larger community care facility losing its license as the result of the actions of one individual within the administrative structure that the department already has statutory authority to remove from the facility.
RECOMMENDED AMENDMENTS:
In order to address the aforementioned concerns, committee staff recommends this bill be amended per the following:
- Delete Sections 1 and 2
- Include Health and Safety Code Section 1558 and add a new subdivision (i) per the following:
(i) Notwithstanding paragraph (2) of subdivision (a), or subdivision (c) of Section 1550, the department shall take reasonable action, which may include, but is not limited to, prohibiting any person from being a member of the board of directors, an executive director, or an officer of a licensee of a licensed facility or certified family home, or denying an application for, or suspending or revoking, any license, or any special permit, certificate of approval, or administrator certificate, issued under this chapter, or denying a transfer of a license pursuant to paragraph (2) of subdivision (c) of Section 1524, upon a finding of a violation of subdivision (i) of Section 11166 of the Penal Code.
Other considerations: Section 4 of this bill, which includes FFA social workers among the individuals eligible to access the statewide hotline for voluntary disclosures of child welfare services (CWS) violations (which is currently accessible to county CWS social workers), includes reporting requirements that may not result in the intended outcome. While any disclosures by FFA social workers made through the hotline will eventually have to be fielded by CCL, the report the department will have to generate and submit to the Legislature could have the unintended consequence of pointing directly to the individual instances of program violations and specific FFA social workers, if the number of calls received through the hotline is low. Should this bill move forward, the author should work with the Department of Social Services to ensure the goals of this bill are met and social workers granted access to the hotline are not deterred from using it.
PRIOR LEGISLATION
AB 403 (Stone), Chapter 773, Statutes of 2015, implements Continuum of Care Reform recommendations to better serve children and youth in California’s child welfare services system, including accreditation and other requirements for FFAs and other out-of-home placement options for children in the child welfare services system.
AB 1978 (Jones-Sawyer), Chapter 768, Statutes of 2014, among other provisions, requires the Department of Social Services, in consultation with counties and labor organizations, to establish a process to receive voluntary disclosures from county social workers who have reasonable cause to believe that a policy, procedure, or practice related to the provision of child welfare services by a county child welfare agency endangers the health or well-being of a child. The bill also sets forth certain reporting requirements for the department related to voluntary disclosures that are consistent with this bill, and authorizes a county child welfare social worker to comment on a child fatality once certain documents have been released from the child’s case file. A hotline for social workers was established on January 4, 2016 to meet the voluntary disclosure process requirements.
REGISTERED SUPPORT / OPPOSITION:
Support
Children’s Advocacy Institute (CAI) – sponsor
Crime Victims United of California (CVUC)
Opposition
None on file.
Analysis Prepared by: Myesha Jackson / HUM. S. / (916) 319-2089
AB 1001
Page 5
Date of Hearing: April 7, 2015
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
AB 1001
(Maienschein) – As Introduced February 26, 2015
As Proposed to be Amended in Committee
SUMMARY:
Prohibits a person from impeding or interfering with the making of a
report of suspected child abuse or neglect under the Child Abuse and
Neglect Reporting Act (CANRA). Specifically, this bill:
Prohibits a person from impeding or interfering with the making of a report of suspected child abuse or neglect under CANRA.
Provides that a person who intentionally impedes or interferes with a report of suspected child abuse being made is guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed six months, or by a fine not to exceed one thousand ($1,000), or by both.
EXISTING LAW:
Defines "mandated reporter" under CANRA as any of the following: a teacher; an instructional aide; a teacher's aide or teacher's assistant employed by any public or private school; a classified employee of any public school; an administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of any public or private school; an administrator of a public or private day camp; an administrator or employee of a public or private youth center, youth recreation program, or youth organization; an administrator or employee of a public or private organization whose duties require direct contact and supervision of children; any employee of a county office of education or the State Department of Education, whose duties bring the employee into contact with children on a regular basis; a licensee, an administrator, or an employee of a licensed community care or child day care facility; a Head Start program teacher; a licensing worker or licensing evaluator employed by a licensing agency as defined; a public assistance worker; an employee of a child care institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities; a social worker, probation officer, or parole officer; an employee of a school district police or security department; any person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in any public or private school; a district attorney investigator, inspector, or local child support agency caseworker unless the investigator, inspector, or caseworker is working with an attorney appointed to represent a minor; a peace officer, as defined, who is not otherwise described in this section; a firefighter, except for volunteer firefighters; a physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage and family therapist, clinical social worker, professional clinical counselor, or any other person who is currently licensed as a health care professional as specified; any emergency medical technician I or II, paramedic, or other person certified to provide emergency medical services; a registered psychological assistant; a marriage and family therapist trainee, as defined; a registered unlicensed marriage and family therapist intern; a state or county public health employee who treats a minor for venereal disease or any other condition; a coroner; a medical examiner, or any other person who performs autopsies; a commercial film and photographic print processor, as defined; a child visitation monitor, as defined; an animal control officer or humane society officer, as defined; a clergy member, as defined; any custodian of records of a clergy member, as specified; any employee of any police department, county sheriff's department, county probation department, or county welfare department; an employee or volunteer of a Court Appointed Special Advocate program, as defined; any custodial officer, as defined; any person providing services to a minor child, as specified; an alcohol and drug counselor, as defined; a clinical counselor trainee, as defined; and a registered clinical counselor intern. (Pen. Code, § 11165.7, subd. (a).)
Provides that when two or more persons, who are required to report, jointly have knowledge of a known or suspected instance of child abuse or neglect, and when there is agreement among them, the telephone report may be made by a member of the team selected by mutual agreement and a single report may be made and signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report. (Pen. Code, § 11166, subd. (h).)
States that the reporting duties under CANRA are individual and no supervisor or administrator may impede or inhibit the reporting duties, and no person making a report shall be subject to sanction for making the report. However, internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established provided they are not inconsistent with CANRA. (Pen. Code, § 11166, subd. (i)(1).)
Provides that volunteers of public or private organizations, except a volunteer of a Court Appointed Special Advocate program, whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect to a specified agency. (Pen. Code, § 11165.7, subd. (b).)
Strongly encourages employers to provide their employees who are mandated reporters with training in the duties imposed by CANRA. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Whether or not employers provide their employees with training in child abuse and neglect identification and reporting, the employers shall provide their employees who are mandated reporters with a statement that informs the employee that he or she is a mandated reporter and informs the employee of his or her reporting obligations and of his or her confidentiality rights. (Pen. Code, § 11165.7, subd. (c).)
Encourages public and private organizations to provide their volunteers whose duties require direct contact with and supervision of children with training in the identification and reporting of child abuse and neglect. (Pen. Code, § 11165.7, subd. (f).)
Requires a mandated reporter to make a report to a specified agency whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. The mandated reporter shall make an initial report to the agency immediately or as soon as is practicably possible by telephone and the mandated reporter shall prepare and send, fax, or electronically transmit a written follow-up report thereof within 36 hours of receiving the information concerning the incident. The mandated reporter may include with the report any nonprivileged documentary evidence the mandated reporter possesses relating to the incident. (Pen. Code, § 11166, subd. (a).)
Provides that any mandated reporter who fails to report an incident of known or reasonably suspected child abuse or neglect as required by this section is guilty of a misdemeanor punishable by up to six months confinement in a county jail or by a fine of one thousand dollars ($1,000) or by both that imprisonment and fine. If a mandated reporter intentionally conceals his or her failure to report an incident known by the mandated reporter to be abuse or severe neglect under this section, the failure to report is a continuing offense until a specified agency discovers the offense. (Pen. Code, § 11166, subd. (c).)
Provides that any supervisor or administrator who interferes or inhibits a mandated reporter from reporting suspected child abuse or neglect shall be punished by not more than six months in a county jail, by a fine of not more than one thousand dollars ($1,000), or by both imprisonment and a fine. (Pen. Code, § 11166.01, subd. (a).)
Defines "child" under CANRA to mean person under the age of 18 years. (Pen. Code, § 11165.)
Defines "child abuse or neglect" under CANRA to include physical injury or death inflicted by other than accidental means upon a child by another person, sexual abuse as defined, neglect as defined, the willful harming or injuring of a child or the endangering of the person or health of a child as defined, and unlawful corporal punishment or injury as defined. "Child abuse or neglect" does not include a mutual affray between minors. "Child abuse or neglect" does not include an injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer. (Pen. Code, § 11165.6.)
FISCAL EFFECT:
Unknown
COMMENTS:
Author's Statement: According to the author, "Unlike many other states, California law does not explicitly spell out consequences for those who interfere with a mandated reporter's duty to notify the proper authorities of suspected incidences of child abuse or neglect. Mandated reporting of child abuse and neglect is a critical system designed to protect our state's most vulnerable children. However, social workers who work for private, non-profit foster family agencies ('FFAs') and one teacher have confidently reported that supervisors at FFAs will override mandated reporting.
"Mandated reporters should have a clear path to reporting and eliminating child abuse and neglect without interference. AB 1001 will allow for accountability, and reasonable punishment for those who make this impossible, improving out chance at identifying and eliminating child abuse within our state."
As Proposed to be Amended in Committee. Committee staff has suggested to the author that the bill be amended in Committee to delete language that would have, specifically, created a statutory cause of action for actual damages sustained by a victim of child abuse or neglect for any abuse or neglect that occurs after a person impeded or interfered with the report being made. Under existing law, Penal Code Section 11166 (a) makes it a misdemeanor for a mandated reporter to fail to report a suspected incident of child abuse or neglect. This section does not provide for a statutory cause of action for damages against a mandated reporter for failing to make a legally required report. Likewise, Penal Code Section 11166.01 (a) makes it a misdemeanor for a supervisor or administrator to impede or inhibit a mandated reporter from making a mandated report of suspected child abuse neglect. Section 11166.01 (a), also, does not provide for a statutory cause of action for damages against a supervisor or administrator that interferes or inhibits a mandated report form being made. The newly created section in this bill should conform with existing law which only provides for criminal liability for failing to make a mandated report, or interfering or impeding a mandated reporter from performing his or her duty, and does not, specifically, create a statutory civil cause of action for damages sustained by a victim of child abuse or neglect against a mandated reporter, or a supervisor or administrator that interfered in the making of a report.
Argument in Support: The California Association of Private School Organizations writes that, "We believe AB 1001 proposes a sensible means of facilitating compliance with the laws governing mandated reporters of suspected acts of child abuse or neglect. Suspecting persons who intentionally impeded of interfere with the obligatory reporting of such acts to possible punitive action and personal liability is likely, in our view to lower the incidence of obstruction, and correspondingly reduce institutional culpability. Most importantly, a greater number of victims will receive the assistance they require.
"In a school setting, teachers and other personnel may often seek the advisement of principals and/or other administrators to help ascertain whether, in the view of such persons, particular evidence is deemed sufficient to invoke the mandate. It would be inopportune to see administrators refuse to engage in such discussions for fear of inviting a subsequent charge of obstruction. We therefore suggest that the committee, together with the author, devote consideration to clarifying what constitutes 'impeding' and 'interfering,' as well as how it can be ascertained that such actions are 'intentional.'"
Argument in Opposition: The California Attorneys for Criminal Justice argues that "The proposed addition to P.C. 11166, subsection (l), criminalizes any interference with a 'mandated reporter' under the Child Abuse and Reporting Act. (Penal Code section 11164 through Penal Code 11174.3.) In particular, Penal Code § 11165.7 details who is a 'mandated reporter.' The term 'mandated reporter' includes, among others, teachers, social workers, district attorney investigators, psychologists, psychiatrists and dentists. Most of these classifications are either professionals or people who have had special training in working with children.
. . .
"The average citizen does not have special training in child care or special training in the reporting requirements of Penal Code § 11166. As such, they cannot always be reasonably expected to understand why and when these reports must be made. All the more so when this law has such a broad reporting requirement.
"Is a mother, who knows that her daughter fell on the ground, interfering with a report by pointing out the truth to a mandated reporter? What does it mean to impede a report? The broad nature of these terms could unintentionally criminalize innocent conduct including a parent's natural tendency to defend their children and their spouses.
"Amending Penal Code § 11166 is not necessary. As currently written, Penal Code § 11166 already gives strong incentives to report child abuse. If a mandated reporter does not report suspected child abuse, she faces up to 6 months in jail. (Cal. Penal Code 11166(c).) IN most cases, these people will also lose their job, their professional reputation, and their standing in the community. As a result, mandated reporters have always been very active."
REGISTERED SUPPORT / OPPOSITION:
Support
Children's Advocacy Institute (Sponsor)
California Association
of Private School Organizations
California District Attorneys
Association
California State Sheriffs' Association
Crime
Victims United
Junior Leagues of California
Opposition
California Attorneys for Criminal Justice
California Public
Defenders Association
Analysis Prepared by:
Gregory Pagan / PUB. S. / (916) 319-3744
Discussed in Hearing
1MIN
Assembly Floor
1MIN
Senate Floor
3MIN
