Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts throughout the state, and authorizes them to operate campuses and provide instruction to students.

The Child Abuse and Neglect Reporting Act requires a mandated reporter, which includes a specified employee or administrator of a community college district, to report whenever he or she, in his or her professional capacity or within the scope of his or her employment, has knowledge of or has observed a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect.

This bill would establish the Mandated Child Abuse Reporting Employee Training Act of 2016, which would require each governing board of a community college district to: (1) annually train, using the online training module developed by the State Department of Education, or other training, as specified, employees and administrators of the district who are mandated reporters on the mandated reporting requirements, as specified; and (2) develop a process for those persons required to receive training under the bill to provide proof of completing this training within the first 6 weeks of each academic year or within 6 weeks of that persons employment. employment; and (3) develop a process to identify the students who are minors enrolled in classes at the community college district and provide that information only to faculty members and other employees who are mandated reporters, as specified. The bill would provide that a person employed by more than one community college district or by more than one college in a single community college district is only required to receive the required training one time in each academic year. By imposing new duties on community college districts, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts throughout the state, and authorizes them to operate campuses and provide instruction to students.

The Child Abuse and Neglect Reporting Act requires a mandated reporter, which includes a specified employee or administrator of a community college district, to report whenever he or she, in his or her professional capacity or within the scope of his or her employment, has knowledge of or has observed a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect.

This bill would establish the Mandated Child Abuse Reporting Employee Training Act of 2016, which would require the board of governors, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, (1) to develop and disseminate information to each employee and administrator of a community college district who are mandated reporters, regarding the detection and reporting of child abuse, (2) to provide statewide guidance on the responsibilities of mandated reporters, and (3) to develop appropriate means of instructing these employees and administrators in the detection of child abuse and neglect and the proper action that they should take in suspected cases of child abuse and neglect, including, but not limited to, an online training module to be provided by the State Department of Social Services.

The Mandated Child Abuse Reporting Employee Training Act of 2016 would also require each governing board of a community college district to: (1) annually train, using the online training module provided developed by the State Department of Social Services, Education, or other training, as specified, employees and administrators of the district who are mandated reporters on the mandated reporting requirements, as specified; and (2) develop a process for those persons required to receive training under the bill to provide proof of completing this training within the first 6 weeks of each academic year or within 6 weeks of that persons employment. The bill would provide that a person employed by more than one community college district or by more than one college in a single community college district is only required to receive the required training one time in each academic year. By imposing new duties on community college districts, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts throughout the state, and authorizes them to operate campuses and provide instruction to students.

The Child Abuse and Neglect Reporting Act requires a mandated reporter, which includes a specified employee or administrator of a community college district, to report whenever he or she, in his or her professional capacity or within the scope of his or her employment, has knowledge of or has observed a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect.

This bill would establish the Mandated Child Abuse Reporting Employee Training Act of 2016, which would require the board of governors, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, (1) to develop and disseminate information to each employee and administrator of a community college district who are mandated reporters, regarding the detection and reporting of child abuse, (2) to provide statewide guidance on the responsibilities of mandated reporters, and (3) to develop appropriate means of instructing these employees and administrators in the detection of child abuse and neglect and the proper action that they should take in suspected cases of child abuse and neglect, including, but not limited to, an online training module to be provided by the State Department of Social Services.

The Mandated Child Abuse Reporting Employee Training Act of 2016 would also require each governing board of a community college district to: (1) annually train, using the online training module provided by the State Department of Social Services, or other training, as specified, employees and administrators of the district who are mandated reporters on the mandated reporting requirements, as specified; and (2) develop a process for those persons required to receive training under the bill to provide proof of completing this training within the first 6 weeks of each academic year or within 6 weeks of that persons employment. By imposing new duties on community college districts, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 2018 (Ridley-Thomas) - Mandated Child Abuse Reporting Employee Training Act of 2016

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

This bill requires annual training for each employee and administrator of a community college district who is a mandated reporter regarding the detection and reporting of child abuse.

Fiscal Impact:

• Mandate: State reimbursable mandate costs in the low millions for staff time related to mandated reporters training. Actual costs will depend upon the number of employees who come into contact with children on a “regular basis” as determined by the CCC district, which must be trained. Additional costs, potentially in the hundreds of thousands, will be incurred by CCC districts to develop a process to identify minors enrolled in classes and to ensure compliance with the training requirement. See staff comments. (Proposition 98)

Background:

Existing law:

1. Provides that under the Child Abuse and Neglect Reporting Act (CANRA), all school district teachers and employees are considered to be “mandated reporters,” including instructional aides, teacher assistants, classified employees, and employees of a school district police or security department.
2. Defines the following as mandated reporters: a) 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; and b) Any athletic coach, including, but not limited to, an assistant coach or graduate assistant involved in coaching, at public or private postsecondary educational institutions.
3. Requires mandated reporters to report to any law enforcement department knowledge or observations they may have of a child they know or reasonably suspect to have been the subject of child abuse or neglect. The individual report must be made by telephone immediately or as soon as practicable with a written or electronic follow up within 36 hours.
4. Specifies that employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed, including training in child abuse and neglect identification and training in child abuse and neglect reporting.
5. Requires any mandated reporter, with the exception of child visitation monitors, prior to commencing his or her employment, to sign a statement on a form (provided by the employer) to the effect that he or she has knowledge of the mandated reporting procedures and will comply with those provisions. Further, current law provides that the statement shall inform the employee that he or she is a mandated reporter and inform the employee of his or her reporting obligations and confidentiality rights. (Penal Code § 11164, et seq.)
6. Requires school districts to annually train employees on their duties regarding mandated reporting when child abuse and neglect is suspected.

Proposed Law:

This bill requires annual training for each employee and administrator of a community college district who is a mandated reporter regarding the detection and reporting of child abuse.

The governing board of each community college district is required to do the following:

1. Provide annual training, using the online training module developed by the California Department of Education (CDE), in consultation with the State Department of Social Services (DSS) on the detection and reporting of child abuse or another resource. The training must include, among other things, information that failure to report an incident of child abuse or neglect is a misdemeanor punishable by up to six months confinement in a county jail, or by a fine of $1,000, or both.
2. Develop a process to provide proof of having trained mandated reporters within the first six weeks of each academic year, or within the first six weeks of a person’s employment. This bill provides that a person employed by more than one community college district or by more than one college in a single community college district must only be required to receive the required training one time in each academic year.
3. Develop a process to identify the students who are minors enrolled in classes at the community college district and provide that information only to faculty members and other employees who are mandated reporters.

Related Legislation:

AB 1778 (Quirk, 2016) requires postsecondary institutions to conduct annual training of their employees on their obligations in responding to and reporting incidents of sexual assault, domestic violence, dating violence, and stalking involving students.

Staff Comments:

Training and notification of reporting requirements to all mandated reporters of the 113 community colleges varies. According to the California Community Colleges Chancellor's Office, the colleges provide training but it is unclear to what extent. In some cases, the training may be limited to only providing an employee with a copy of the statement regarding his or her duties as a mandated reporter. However, regardless of whether a CCC district is providing training, this bill could create a reimbursable state mandate in which all districts would be eligible to claim reimbursement for activities required in this bill.

Existing law defines a mandated reporter, in part, as an employee of a public or private postsecondary educational institution whose duties bring him or her into contact with children on a “regular basis.” This bill requires a process to be established to identify minors enrolled in classes in which that information would be provided only to faculty members and other employees who are mandated reporters. Setting up this process could result in one-time costs in the hundreds of thousands and subsequent reduced costs to continue to track minors and associated mandated reporters. CCC districts would also incur additional state reimbursable costs related to ensuring compliance with the training requirement.

The identification process included in this bill would likely be effective in reducing the scope of training required as not all employees likely come into contact with minors on a regular basis. According to the Mandated Reporter Educators Training Module funded by the CDE and DSS, as referenced in this bill, the training is estimated to take 1.5 to 3 hours. Assuming an average hourly rate of $40 including benefits, training all 89,000 of the CCC staff would range from about $5 million to $11 million. However, because CCC districts would identify the minors and the applicable mandated reporter staff, it is unlikely that all staff will be required to be trained. In addition, costs may be somewhat mitigated to the extent a significant number of mandated reporters are employed in more than one district, as these employees are only required to be trained once, not in every district they serve.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Carol Liu, Chair

2015 - 2016 Regular

Bill No:

Subject:

SUMMARY

This bill establishes the Mandated Child Abuse Reporting Employee Training Act of 2016 for the purpose of providing information, statewide guidance, and training to each employee and administrator of a community college district who is a mandated reporter regarding the detection and reporting of child abuse.

BACKGROUND

Existing law:

1. Establishes the Child Abuse and Neglect Reporting Act (CANRA) for the purpose of protecting children from abuse and neglect.
2. Provides that under the CANRA, all school district teachers and employees are considered to be “mandated reporters,” including instructional aides, teacher assistants, classified employees, and employees of a school district police or security department. Also defines the following as mandated reporters:
   1. 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; and
   2. Any athletic coach, including, but not limited to, an assistant coach or graduate assistant involved in coaching, at public or private postsecondary educational institutions.
3. Requires mandated reporters report to any law enforcement department knowledge or observations they may have of a child they know or reasonably suspect to have been the subject of child abuse or neglect. The individual report must be made by telephone immediately or as soon as practicable with a written or electronic follow up within 36 hours.
4. Specifies that employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed, including training in child abuse and neglect identification and training in child abuse and neglect reporting.

Requires any mandated reporter, with the exception of child visitation monitors, prior to commencing his or her employment, to sign a statement on a form (provided by the employer) to the effect that he or she has knowledge of the mandated reporting procedures and will comply with those provisions. Further, current law provides that the statement shall inform the employee that he or she is a mandated reporter and inform the employee of his or her reporting obligations and confidentiality rights.

(Penal Code § 11164, et seq.)

ANALYSIS

This bill establishes the Mandated Child Abuse Reporting Employee Training Act of 2016 as follows:

1. Specifies that the Act is established in order to provide training to each employee and administrator of a community college district (CCD) who is a mandated reporter, as defined, regarding the detection and reporting of child abuse.
2. Requires the governing board of each CCD to do both of the following:
   1. Provide annual training, using the online training module developed by the California Department of Education (CDE), in consultation with the Office of Child Abuse Prevention in the California Department of Social Services, on the detection and reporting of child abuse, or as specified, to employees and administrators of the district who are mandated reporters, as defined and specified. Mandated reporter training shall be provided to employees and administrators of the district hired during the course of the school year. Requires the training to include information that failure to report an incident of known or reasonably suspected child abuse or neglect, as specified, is a misdemeanor punishable by up to six months confinement in a county jail, or by a fine of $1,000, or by both that imprisonment and fine; and,
   2. Develop a process for all persons required to receive training to provide proof of completing the training within the first six weeks of each academic year or within the first six weeks of that person's employment. Provides that the process may include, but not necessarily be limited to, the use of a sign-in sheet or the submission of a certificate of completion to the applicable governing board of the CCD.
3. Specifies that a person employed by more than one CCD or by more than one college in a single CCD, shall only be required to receive the required training one time in each academic year.
4. Requires community college districts (CCD) that do not use the online training module to report to the California Department of Education (CDE) and to the California Community Colleges Chancellor's Office the training being used in its place.
5. Amends the Child Abuse and Neglect Reporting Act (CANRA) to require that community college districts (CCDs) annually train their employees pursuant to the Mandated Child Abuse Reporting Employee Training Act of 2016, as specified.

STAFF COMMENTS

1. Need for the bill. The author’s office indicates that “there have been recent changes to the list of mandated reporters, to include faculty and staff that work on postsecondary educational institutions. This impacts the California Community College system because minors are regularly on campus either as a student who is dual-enrolled in K-12 and community college classes or a child who is on campus at a childcare facility while his or her parent attends class." Further, the author argues that “faculty and staff that are mandated reporters have not received training on identifying child abuse or neglect or properly reporting suspected abuse or neglect. The lack of training is a serious problem because a child who is a victim of abuse or neglect may not receive the care he or she needs if an employee who reported the abuse did not adhere to the requirements of the Child Abuse and Neglect Reporting Act. Additionally, an employee who reports an incident of child abuse or neglect may be punished by a fine, jail time, or both, for not strictly adhering to the Child Abuse and Neglect Reporting Act."
2. Implementation issues for the community colleges. Training and notification of reporting requirements to all of the mandated reporters under CANRA of the 113 community colleges varies. According to the California Community Colleges Chancellor's Office, the colleges provide training but it is unclear to what extent. In some cases, the training may be limited to only providing an employee with a copy of the statement regarding his or her duties as a mandated reporter.

As the bill requires the community college districts to provide more uniform and consistent training, it is not clear if the local districts would elect to provide this training to all of their employees or only to those employees they determine to be mandated reporters. The existing CANRA defines a mandated reporter, in part, as an employee of a public or private postsecondary educational institution whose duties bring him or her into contact with children on a “regular basis.” The number of minors who are in regular contact with an employee will vary from campus to campus, and one campus may interpret what constitutes “regular” contact differently from another campus. Further, it may be difficult for the employees to distinguish who is a minor and who is not. To help address this issue, at the author’s request, staff recommends that the bill be amended to require the community college districts to develop a process to identify the students that are minors enrolled in classes and provide that information only to the faculty and or employees who are mandated reporters.

1. Existing training. While it is unknown how wide spread the availability of child abuse prevention materials there may be for the community colleges to utilize, there are some online training programs currently available. These training materials focus on training teachers on what types of behavior may cross the line in terms of appropriateness and provide examples of behavior that could protect the teacher from false child abuse claims. Examples include not sending personal emails and texts to students, not giving students rides in cars, and not being alone in a classroom with a student without the door open. School districts may already incorporate any of this child abuse prevention training into existing mandated reporter training activities.
2. Related efforts to protect students. Several pieces of legislation have been introduced in recent years to take extra steps deemed necessary to ensure that children are better protected. Part of the rationale is the notion that school employees are not always aware of their duty to report incidents of child abuse and neglect or are unsure of the proper procedures for making reports. Additionally, recent incidents have highlighted the lack of training of educators in their role as a mandated reporter. In either case, this could lead to incidents of unreported child abuse by school employees.

For example, AB 1432 (Gatto, Chapter 797, Statutes of 2014) required the California Department of Education, in consultation with the California Department of Social Services, to develop and disseminate information to all school districts, county offices of education, and charter schools on child abuse; develop guidelines on mandated reporter responsibilities and reporting requirements; and, develop a means of instructing school personnel.

1. Fiscal impact. According to the Assembly Appropriations Committee, this bill could result in one-time General Fund costs of around $60,000 for the California Community College (CCC) Chancellor's Office to establish statewide guidelines and information about detecting and reporting child abuse, and significant state reimbursable costs to implement mandated Child Abuse and Neglect Reporting Act (CANRA) training at 72 districts and 113 campuses, including ensuring compliance with the training requirement. Assuming administrative costs of $3,000 per campus, statewide costs would be $340,000. To the extent districts choose to utilize an online training module, ongoing training costs should be minimal. Costs could be more substantial in districts choosing to develop their own training module. There could also be costs incurred to compensate 90,000 CCC staff for training time. To the extent districts successfully file mandate claims for staff training time; costs could be in the low millions of dollars.
2. Related legislation.

AB 2621 (Gomez) requires a local educational agency (LEA) or an entity providing private school instruction that maintains an employee code of conduct to provide a written copy of that document to the parent or guardian of each enrolled student at the beginning of each school year and also post it on their Web site. This bill is pending on the Senate Floor.

AB 1058 (Baker, Chapter 748, Statutes of 2015) required the California Department of Education (CDE) to establish guidelines and best practices for child abuse prevention and post on its Web site links to existing training resources. Additionally, this bill encourages school districts, county offices of education (COEs) and charter schools to participate in child abuse prevention training and provide all school employees with training in child abuse prevention at least every three years.

AB 1432 (Gatto, Chapter 797, Statutes of 2014) required school districts to annually train employees on their duties regarding the mandated reporting when child abuse and neglect is suspected.

AB 135 (Buchanan) from 2014 would have required local educational agencies to adopt policies and provide employees with regular reminders of their responsibilities as mandated reporters. This measure failed passage in the Senate Appropriations Committee.

AB 1338 (Buchanan) from 2013, would have required the governing board of a school district and county office of education and the governing body of a charter school, to adopt a policy on the reporting of child abuse and the responsibilities of mandated reporters in accordance with the Child Abuse and Neglect and Reporting Act and review the mandated reporting requirements with all school personnel within the first six weeks of each school year. This measure failed passage in the Assembly Appropriations Committee.

SUPPORT

California School Employees Association

California Teachers Association

National Association of Social Workers – California Chapter

OPPOSITION

None received.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2018

Author:(Ridley-Thomas)

As Amended Ver:

Majority vote

SUMMARY: Establishes the Mandated Child Abuse Reporting Employee Training Act of 2016. Specifically, this bill:

1. Specifies that the Act is established in order to provide training to each employee and administrator of a community college district (CCD) who is a mandated reporter, as defined, regarding the detection and reporting of child abuse.
2. Requires the governing board of each CCD to do both of the following:
   1. Provide annual training, using the online training module developed by the State Department of Education (CDE), in consultation with the Office of Child Abuse Prevention in the State Department of Social Services (CDSS), on the detection and reporting of child abuse, or as specified, to employees and administrators of the district who are mandated reporters, as defined and specified. Mandated reporter training shall be provided to employees and administrators of the district hired during the course of the school year. This training shall include information that failure to report an incident of known or reasonably suspected child abuse or neglect, as specified, is a misdemeanor punishable by up to six months confinement in a county jail, or by a fine of $1,000, or by both that imprisonment and fine; and,
   2. Develop a process for all persons required to receive training to provide proof of completing the training within the first six weeks of each academic year or within the first six weeks of that person's employment. The process developed may include, but not necessarily be limited to, the use of a sign-in sheet or the submission of a certificate of completion to the applicable governing board of the CCD.
3. Specifies that a person employed by more than one CCD or by more than one college in a single CCD, shall only be required to receive the required training one time in each academic year.
4. Requires CCDs that do not use the online training module to report to the CDE and to the California Community Colleges (CCC) Chancellor's Office the training being used in its place.
5. Amends the Child Abuse and Neglect Reporting Act (CANRA) to require that CCDs shall annually train their employees and administrators, as defined, in the duties of mandated reporters under the child abuse reporting laws. Specifies that the training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.

EXISTING LAW:

1. Establishes CANRA, which generally is intended to protect children from abuse and neglect (Penal Code (PEN) Section 11164).
2. Provides that employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties of reporting, and that the training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Specifies that 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 statements informing them that they are mandated reporters and informing them of their duty to report. Defines the following types of people as mandated reporters, among others:
   1. 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;
   2. Any athletic coach, including, but not limited to, an assistant coach or graduate assistant involved in coaching, at public or private postsecondary educational institutions;
   3. A person providing services to a minor child;
   4. A teacher;
   5. A Head Start program teacher;
   6. A social worker, probation officer, or parole officer;
   7. A person who is an administrator of presenter of, or counselor in, a child abuse prevention program in a public or private school;
   8. A peace officer; and,
   9. A firefighter, except for volunteer firefighters (PEN Section 11165.7).
3. Requires any mandated reporter, with the exception of child visitation monitors, prior to commencing his or her employment, and as a prerequisite to that employment, shall sign a statement on a form provided to him or her by his or her employer to the effect that he or she has knowledge of the mandated reporting procedures and will comply with those provisions; and, specifies the statement shall inform the employee that he or she is a mandated reporter and inform the employee of his or her reporting obligations and of his or her confidentiality rights (PEN Section 11166.5).

FISCAL EFFECT: According to the Assembly Appropriations Committee, potential significant state reimbursable costs to implement mandated CANRA training at 72 CCDs and 113 CCCs, including ensuring compliance with the training requirement. Assuming administrative costs of $3,000 per campus, one-time statewide costs would be $340,000. To the extent CCDs choose to utilize an online training module, ongoing training costs should be minimal. Costs could be more substantial in districts choosing to develop their own training module.

Costs could also be incurred to compensate 90,000 CCC staff for training time. To the extent districts successfully file mandate claims for staff training time, costs could be in the low millions of dollars.

COMMENTS: CANRA (Act). This Act was passed in 1980; over the years, numerous amendments have expanded the definition of child abuse and the persons required to report. Procedures for reporting have also been clarified. Child abuse and neglect, as defined in CANRA, includes: physical abuse, sexual abuse (including both sexual assault and sexual exploitation), willful cruelty or unjustified punishment, unlawful corporal punishment or injury, and neglect (including both acts and omissions).

Purpose of this measure. According to the author, there have been recent changes to the list of mandated reporters, to include faculty and staff that work on postsecondary educational institutions. The author contends that, "This impacts the California Community College system because minors are regularly on campus either as a student who are dual-enrolled in K-12 and community college classes or a child who is on campus at a childcare facility while his or her parent attends class."

The author argues that faculty and staff that are mandated reporters have not received training on identifying child abuse or neglect or properly reporting suspected abuse or neglect. The author states, "The lack of training is a serious problem because a child who is a victim of abuse or neglect may not receive the care he or she needs if an employee who reported the abuse did not adhere to the requirements of the Child Abuse and Neglect Reporting Act. Additionally, an employee who reports an incident of child abuse or neglect may be punished by a fine, jail time, or both, for not strictly adhering to the Child Abuse and Neglect Reporting Act."

This measure requires the CCC Chancellor to work with the Office of Child Abuse and Prevention to create training modules for community college faculty and staff; requires the governing board of each CCD to provide annual online training to mandated reporters employed by that district that includes a reminder that failure to report suspected child abuse is punishable as a misdemeanor, fine, or both; and, provides employees with information regarding best practices for how to recognize child abuse or neglect on campus, the required reporting procedures, and penalties for not following these procedures.

To note, the University of California and the California State University have systemwide policies and trainings in place for their mandated reporters.

California Community Colleges. Training and notification of reporting requirements to all of the mandated reporters under CANRA of the 113 community colleges varies. According to the CCC Chancellor's Office, the colleges provide training, but it is presently unclear the extent of the training. Committee staff understands that in many cases, the training may only be a copy of the statement as required in existing law, that requires an employee mandated to report, that he or she is mandated to report and signing that statement indicating that he or she is aware of his or her duty to report and what his or her role entails in reporting.

California Mandated Reporter Training. Pursuant to AB 1432 (Gatto), Chapter 797, Statutes of 2014, the CDE in consultation with the CDSS was required to, among others, develop and disseminate information to all school districts, county offices of education, and charter schools on child abuse; develop guidelines on mandated reporter responsibilities and reporting requirements; and, develop a means of instructing school personnel.

The Child Abuse Mandated Reporter Training California website team worked with CDSS and CDE in order to develop a new online training for educators. California Mandated Reporter Training is the product of the collaboration and is currently being implemented and utilized. This educators online training module is self-paced and provides an overview of the significant definitions, requirements, and protections of CANRA. At the conclusion of the online training, a final exam is given in which a mandated reporter is tested based on the information that he or she learned during the training.

To note, if the training is given as part of a large group, each individual must take and pass the final test separately. Upon scoring an 80% or higher an individual will be able to print his or her certificate and will be emailed a proof of completion of the training.

Analysis Prepared by: Jeanice Warden / HIGHER ED. / (916) 319-3960 FN: 0003265

Date of Hearing: April 27, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 2018

Author:(Ridley-Thomas) – As Introduced Ver:February 16, 2016

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill requires training of those employees of a community college district (CCD) mandated under current law to report incidences of child abuse. Specifically, this bill:

1. Requires the California Community Colleges (CCC) Board of Governors, in consultation with the Office of Child Abuse Prevention in the California Department of Social Services (CDSS), to:
   1. Develop and disseminate information and guidance, in accordance with the Child Abuse and Neglect Reporting Act (CANRA), to each mandated reporter employed at a CCD regarding the detection and reporting of child abuse.
   2. Develop appropriate means of instructing employees and administrators of a CCD who are mandated reporters, including, but not limited to, an online training module to be provided by CDSS.
2. Requires the governing board of each CCD to provide annual training, using the online training module or other training method, and to develop a process for all persons required to receive training to provide proof of completing the training within the first six weeks of each academic year or within the first six weeks of that person’s employment.

FISCAL EFFECT:

1. One-time General Fund costs of around $60,000 for the CCC Chancellor's Office to establish statewide guidelines and information about detecting and reporting child abuse. CDSS costs for consultation would be similar.
2. Significant state reimbursable costs to implement mandated CANRA training at 72 districts and 113 campuses, including ensuring compliance with the training requirement. Assuming administrative costs of $3,000 per campus, statewide costs would be $340,000.To the extent districts choose to utilize an online training module, ongoing training costs should be minimal. Costs could be more substantial in districts choosing to develop their own training module.

Costs could also be incurred to compensate 90,000 CCC staff for training time. To the extent districts successfully file mandate claims for staff training time, costs could be in the low millions of dollars.

COMMENTS:

1. Child Abuse and Neglect Reporting Act (CANRA). CANRA was passed in 1980; over time, numerous amendments have expanded the definition of child abuse and the types of positions of persons mandated to report under the law. CANRA includes provisions strongly encouraging employers to provide their employees who are mandated reporters with training in the duties of reporting.

Any mandated reporter, prior to commencing his or her employment, and as a prerequisite to that employment, must sign a statement on a form by the employer to the effect that he or she has knowledge of the mandated reporting procedures and will comply with their responsibilities under CANRA. Failure to report an incident of known or reasonably suspected child abuse or neglect is a misdemeanor punishable by up to six months confinement in a county jail and/or a fine of $1,000.

1. Purpose. According to the author, there have been recent changes to the list of mandated reporters, to include faculty and staff that work on postsecondary educational institutions. The author contends that, "This impacts the California Community College system because minors are regularly on campus either as a student who are dual-enrolled in K-12 and community college classes or a child who is on campus at a childcare facility while his or her parent attends class." The author argues that faculty and staff that are mandated reporters have not received training as encouraged by CANRA.
2. Training Program Already Available. Pursuant to AB 1432 (Gatto), Chapter 797, Statutes of 2014, the California Department of Education (CDE), in consultation with the CDSS, developed an online training module for mandated reporters within school districts, county offices of education, and charter schools, which should meet the training requirements of AB 2018.

Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081

Date of Hearing: April 12, 2016

ASSEMBLY COMMITTEE ON HIGHER EDUCATION

Jose Medina, Chair

ABPCA Bill Id:AB 2018 (

Author:Ridley-Thomas) – As Introduced Ver:February 16, 2016

SUBJECT: Mandated Child Abuse Reporting Employee Training Act of 2016.

SUMMARY: Establishes the Mandated Child Abuse Reporting Employee Training Act of 2016. Specifically, this bill:

1. Specifies that the Act is established in order to provide information, statewide guidance, and training to each employee and administrator of a community college district (CCD) who is a mandated reporter, as defined, regarding the detection and reporting of child abuse.
2. Requires the California Community Colleges (CCC) Board of Governors, in consultation with the Office of Child Abuse Prevention in the California Department of Social Services (CDSS), to do all of the following:
   1. Develop and disseminate information to each employee and administrator of a CCD who is a mandated reporter, as defined, regarding the detection and reporting of child abuse;
   2. Provide statewide guidance on the responsibilities of mandated reporters, who are employees and administrators of a CCD, in accordance with the Child Abuse and Neglect Reporting Act (CANRA), as defined. This guidance shall include, but not necessarily be limited to, both of the following:
      1. Information on the identification of child abuse and neglect; and,
      2. Reporting requirements for child abuse and neglect.
   3. Develop appropriate means of instructing employees and administrators of a CCD who are mandated reporters, as defined, in the detection of child abuse and neglect and the proper action that these employees and administrators should take in suspected cases of child abuse and neglect, including, but not limited to, an online training module to be provided by CDSS.
3. Requires the governing board of each CCD to do both of the following:
   1. Provide annual training, using the online training module provided by the CDSS, or as specified, to employees and administrators of the district who are mandated reporters, as defined and specified. Mandated reporter training shall be provided to employees and administrators of the district hired during the course of the school year. This training shall include information that failure to report an incident of known or reasonably suspected child abuse or neglect, as specified, is a misdemeanor punishable by up to six months confinement in a county jail, or by a fine of $1,000, or by both that imprisonment and fine; and,
   2. Develop a process for all persons required to receive training to provide proof of completing the training within the first six weeks of each academic year or within the first six weeks of that person’s employment. The process developed may include, but not necessarily be limited to, the use of a sign-in sheet or the submission of a certificate of completion to the applicable governing board of the CCD.
4. Authorizes CCDs that do not use the CDSS online training module to report to the California Department of Education (CDE) what training is being used in its place.
5. Amends CANRA to require that CCDs shall annually train their employees and administrators, as defined, in the duties of mandated reporters under the child abuse reporting laws. Specifies that the training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.

EXISTING LAW:

1. Establishes CANRA, which generally is intended to protect children from abuse and neglect (Penal Code (PEN) Section 11164).
2. Provides that employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties of reporting, and that the training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Specifies that 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 statements informing them that they are mandated reporters and informing them of their duty to report. Defines the following types of people as mandated reporters, among others:
   1. 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;
   2. Any athletic coach, including, but not limited to, an assistant coach or graduate assistant involved in coaching, at public or private postsecondary educational institutions;
   3. A person providing services to a minor child;
   4. A teacher;
   5. A Head Start program teacher;
   6. A social worker, probation officer, or parole officer;
   7. A person who is an administrator of presenter of, or counselor in, a child abuse prevention program in a public or private school;
   8. A peace officer; and,
   9. A firefighter, except for volunteer firefighters (PEN Section 11165.7).
3. Requires any mandated reporter, with the exception of child visitation monitors, prior to commencing his or her employment, and as a prerequisite to that employment, shall sign a statement on a form provided to him or her by his or her employer to the effect that he or she has knowledge of the mandated reporting procedures and will comply with those provisions; and, specifies the statement shall inform the employee that he or she is a mandated reporter and inform the employee of his or her reporting obligations and of his or her confidentiality rights (PEN Section 11166.5).

FISCAL EFFECT: Unknown

COMMENTS: Child Abuse and Neglect Reporting Act (CANRA). This Act was passed in 1980; over the years, numerous amendments have expanded the definition of child abuse and the persons required to report. Procedures for reporting have also been clarified. Child abuse and neglect, as defined in CANRA, includes: physical abuse, sexual abuse (including both sexual assault and sexual exploitation), willful cruelty or unjustified punishment, unlawful corporal punishment or injury, and neglect (including both acts and omissions).

Purpose of this measure. According to the author, there have been recent changes to the list of mandated reporters, to include faculty and staff that work on postsecondary educational institutions. The author contends that, "This impacts the California Community College system because minors are regularly on campus either as a student who are dual-enrolled in K-12 and community college classes or a child who is on campus at a childcare facility while his or her parent attends class."

The author argues that faculty and staff that are mandated reporters have not received training on identifying child abuse or neglect or properly reporting suspected abuse or neglect. The author states, "The lack of training is a serious problem because a child who is a victim of abuse or neglect may not receive the care he or she needs if an employee who reported the abuse did not adhere to the requirements of the Child Abuse and Neglect Reporting Act. Additionally, an employee who reports an incident of child abuse or neglect may be punished by a fine, jail time, or both, for not strictly adhering to the Child Abuse and Neglect Reporting Act."

This measure requires the CCC Chancellor to work with the Office of Child Abuse and Prevention to create training modules for community college faculty and staff; requires the governing board of each CCD to provide annual online training to mandated reporters employed by that district that includes a reminder that failure to report suspected child abuse is punishable as a misdemeanor, fine, or both; and, provides employees with information regarding best practices for how to recognize child abuse or neglect on campus, the required reporting procedures, and penalties for not following these procedures.

To note, the University of California and the California State University have systemwide policies and trainings in place for their mandated reporters.

California Community Colleges. Training and notification of reporting requirements to all of the mandated reporters under CANRA of the 113 community colleges varies. According to the CCC Chancellor's Office, the colleges provide training, but it is presently unclear the extent of the training. Committee staff understands that in many cases, the training may only be a copy of the statement as required in existing law, that requires an employee mandated to report, that he or she is mandated to report and signing that statement indicating that he or she is aware of his or her duty to report and what his or her role entails in reporting.

California Mandated Reporter Training. Pursuant to AB 1432 (Gatto), Chapter 797, Statutes of 2014, the CDE in consultation with the CDSS was required to, among others, develop and disseminate information to all school districts, county offices of education, and charter schools on child abuse; develop guidelines on mandated reporter responsibilities and reporting requirements; and, develop a means of instructing school personnel.

The Child Abuse Mandated Reporter Training California website team worked with CDSS and CDE in order to develop a new online training for educators. California Mandated Reporter Training is the product of the collaboration and is currently being implemented and utilized. This educators online training module is self-paced and provides an overview of the significant definitions, requirements, and protections of CANRA. At the conclusion of the online training, a final exam is given in which a mandated reporter is tested based on the information that he or she learned during the training.

To note, if the training is given as part of a large group, each individual must take and pass the final test separately. Upon scoring an 80 percent or higher an individual will be able to print his or her certificate and will be emailed a proof of completion of the training.

This measure tasks the governing board of each CCC district to provide annual training, using the online training module provided by CDSS and to develop a process for all persons required to receive training and provide proof of completion of training, within the first six weeks of each academic year or within the first six weeks of that person's employment. Committee staff understands that California Mandated Reporter Training, as described above, will meet the requirements of this measure.

REGISTERED SUPPORT / OPPOSITION:

Support

California Federation of Teachers

California Labor Federation

California Professional Firefighters

California School Employees Association (sponsor)

National Association of Social Workers, California Chapter

Opposition

None on file.

Analysis Prepared by: Jeanice Warden / HIGHER ED. / (916) 319-3960